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

ANSWERS TO BAR EXAMINATION QUESTIONS


IN

CIVIL LAW Answers to the BAR as Arranged by Topics (Year 1990-2006) Family Home; Dwelling House (1994)

.......................................................................................................................... 24 Family;
Constitutional Mandates; Divorce (1991)

CIVIL LAW Answers to the BAR Arranged by Topics (Year 1990......................................................................................................... 24 Marriage; Annulment; CIVIL CIVIL LAW LAW Answers Answers to to the the BAR BAR as Arranged as as Arranged by Topics by Topics (Year 1990-2006) (Year 1990-2006) Leasee Nature & Lessor; Rights Contracts; and CIVIL LAW Answers to the BAR as Arranged by Topics (Year 1990-2006) Heirs; Easements; Defense; Intestate Due Right Diligence Heirs; of of Way; Reserva in Requisites Selection Troncal

2006) (1990) ........................................................................... Effects; Requisites Before Remarriage 24 (1995)................................................................................................................ (1996) (2003) Obligations ............................................................................................................. ............................................................................................................... (1990) ......................................................................................................... 44 63 112 Heirs; Ejectment Filing Intestate 98 of Suit Relativity of Contracts (2002) Marriage; Annulment; Grounds Leasee; Death Thereof; Effects (1997) ...................................................................................................... 82 Rescission of Contracts; Heirs; vs. Separate Cancellation Shares Civil Action; of Title Need (2005) for Reservation (2003) OBLIGATIONS ........................................................................................................................................... (1991) ......................................................................................................................... 25 Marriage; (2003) ............................................................................................................. ......................................................................................................................... ...................................................................................... ............................................................................................................................ 112 Fortuitous63 Event; Ejectment Mechanical 98 Option Suit; 45 Defects to Intestate Buy; Proper Party (1996) .............................................................................................................. 82 Civil law vs. Common .............. 83 Annulment; Judicial Declaration Aleatory Contracts; Gambling (2002) Expired ............................................................................................................. 112 Liability; Airline Succession Commodatum (2006) Law (1997) (1993) How would ........................................................................................................ you compare the Law system 25 Marriage; Annulment; (2004) ........................................................................................................................... 83 (1992) .......................................................................................................................... (2001) ......................................................................................................................................... ...................................................................................................................................... 63 Extra-Judicial 98 45 Company; Non-Performance ofCivil an Obligation (2004)........................................................................ GENERAL PRINCIPLES in its governance and trend with that of the Legal Separation; Prescription of Actions (1996) ...................................................................... 25 Conditional Obligations (2000) Sublease vs. Assignment of Lease; Rescission of Contract (2005) 112 Liability; Airline Company; Non-Performance of an Obligation Intestate Partition; Succession Fraud ....................................................................................................................................... 10 Civil law vs. Common Law (1997) Common .................................................................................................................................... Law system? 83 Marriage; Annulment; Proper Party (1997) (1990) .............................................................................. ......................................................................................................................................... ........................................................................................................................... 99113 Sublease; Delay in Payment 63 Rentals Hidden 45 (2005) ........................................................................ Liability; Employer; Damageof caused by ................................................................................................................................ 10 Effect SUGGESTED ANSWER: (1990) ................................................................................................................... 26 Marriage; Conditional Obligations (2003) (1994) ............................................................................................................. 99 Sublease; Intestate Treasure Employees (1995) Succession (1997) ........................................................................................ 113 Liability; owner of Obiter & Dissenting Opinion; SC Decisions As regards "governance": Governance in Civil COMMON This work is freeware. It may .................................................................................................................................... 83 This work is vehicle not intended for sale or commerce. be Annulment; Proper Party (1998) ............................................................................................................................................... ......................................................................................................................................... 46 Sublessee; Liability (1999) who was in the (1996) ........................................................................................................... (1994) ......................................................................................... 10 Effectivity of 64 Laws Law is codal, statutory and written law. It is CARRIERS.......................................................................................................................................... 100 Extraordinary Diligence (2000) (1995) Conditional ................................................................................................................... Obligations; Promise 26 Marriage; (1997) ........................................................................................................................ 100 Sublease; Intestate Hidden Treasures Succession (1997) 114 Liability; owner who was in the vehicle (1998) (1990) derived ...................................................................................................................................... additionally from case law. Common ..................................................................................................................... 84 Conditional .................................................................................................................................. 100 Divorce Decree; Void Marriages (1998) ............................................................................................................................................. ......................................................................................................................................... 64 was 46 is Sublessee; Liability (2000) (1992) ........................................................................................................... 114 Liability; owner AGENCY .................................................................................................................................................... freely ...... copied and distributed, 10 nevertheless, Equity PERMISSION follows TO COPY the from the who editors Law law is basically derived from case law. Obligations; Resolutory ............... 101 Condition (1999) ........................................................................................................ 26 Marriage; Divorce Decrees; ........................................................................................................................ 100 Sublease; Intestate Mortgage; Succession Pactum Commissorium (1999) in the vehicle (2002) ........................................................................................................... 114 Agency (2003) (2003)...................................................................................................................................... ................................................................................................. 84 Extinguishment; Filiation of Children (2005) ............................................................................................... (1999) .................................................................................................................... ......................................................................................................................................... 64 Mortgage; Pactum 46 Validity; Assignment of Sublease (1990) Moral Damages & Atty Fees (2002) .................................................................................................................................................. 10 Ignorance theof Law vs. SOURCES/REFERENCES Mistake of 26 Fact As PERSONS................................................................................................................................................... regards "trend": Civil law is of now tending to the ADVISABLE to protect the interest ORIGINAL of this Assignment of Rights (2001) Marriage; Divorce Decrees; Filipino Spouses becoming Alien Commissorium ................................................................................................... (2001) .................................................................................................................... 100 Intestate Succession ............................................................................................................................ 114 Moral ......... 101 Agency vs. RA Sale (2000) (1996) ........................................................................................................... 11 Inferior rely more and more on decisionsName; of the courts Under ................ 11 Change of 9048 (2006) ............................................................................................................. 84 Extinguishment; (1996) ........................................................................... 27 Marriage; Divorce Decrees; Filipino (2000) ......................................................................................................................................... 46 65 Mortgage; Right of Redemption vs. Equity of Redemption (1999) Damages; Non-Recovery Thereof (2006) .............................................................................................................................................. Courts Decisions (1994) explaining the laws. Common law is now ...................................................................................................................... 11 Death; Cause of Action Spouses becoming Alien (1999) ........................................................................... 27 Marriage; ................................................................................ 65 those Nuisance; Family House; Not Nuisance per Intestate Succession; Reserva Troncal (1999) for all .......................................................................................................... 115 Quasi-Delict (1992) material. It is primarily intended who desire to have a deeper 101 Agency; coupled with an interest (2001) .................................................................................................................................. 11 codifying laws more and more. So they are Simultaneous Effects; Death (2004) ...................................................................................................................... 85 Donations ............................................................................................................. by Reason of Marriage; Effect of Declaration of Nullity (1996) 47 Legitime se (2006) .................................................................................................. 65 Nuisance; Public .................................................................................................................................................... .................................................................................................................... 101 Agency; Prejudicial Questions (1998) .................................................................................................................. 12 Death; now merging towards similar systems. Extinguishment; Compensation (2002) ..................................................... 28 Marriage; Grounds; Declaration of Nullity: Annulment: Legal (1997) ............................................................................................................................................... Nuisance vs. Private Nuisance (2005) ............................................................................................... 115 Quasi-Delict (2005) Guarantee Commission Acquisition of Lands; Citizenship Requirement (1997)....................................................................................................................................... Effects; Simultaneous Death understanding of the issues touched by the Philippine Bar Examinations and its trend. ........................................................................................................................ 85 Separation: Separation of Property (2003) ..................... 28 Marriage; Grounds; Nullity; Claims; Annulment; ............. Legitime; Compulsory Heirs 65 Ownership; Co-Ownership (1992) .................................................................................................................................................... (2004) ..................................................................................................................... 101 Additional Answers: (2003) ................................................................................................. 69 Adverse . 11 47 (1999) .................................................................................................................. 12 Death; Extinguishment; Compensation vs. Payment (1998) Legal Separation (1997) ................................................................................. 29 Marriage; Legal (2003) .............................................................................................................................. 47 ................................................................................................................................ 66 Ownership; 115 Quasi-Delict; Acts contrary morals (1996) 1. COMMON LAW refers toto the traditional Agency; Real Estate Mortgage (2004) Notice of Levy (1998) Effects; Simultaneous Death .................................................................................................... 85 Extinguishment; It isof specially intended for law students from the provinces who, very often, are Separation; Declaration of Nullity Legitime; Compulsory Heirs vs. Secondary Compulsory Heirs Co-Ownership; ............................................................................................................. Prescription (2000) 115 Quasi-Delict; part the law as distinct from legislation; it 101 PARTNERSHIP ........................................................................................................................................... ........................................................................................................................ 69 Annotation (2000) .................................................................................................................. 12 Juridical CONFLICT OF INTELLECTUAL PROPERTY Compensation/Set-Off; Banks (1998) (2002) ............................................................................................. 29 Marriage; Legal Separation; (2005) .......................................................................... Preterition 66 ........................................................................................................... Ownership; Co-Ownership; Mismanagement of Depositors Account refers Appointment to the universal part of law as distinct of 48 Sub-Agent ........... 103 Composition of Spouses; Corporations (1994) of Lis Pendens; When Proper Assignment Capacity vs. of Partnerships; Capacity Credit to vs. Act 118 Subrogation (1996) LAWS............................................................................................................................................. 13 Appilicable Laws; laws governing contracts (1992) LAND TRANSFER & ........................................................................................................................... Intellectual ................................................................................................ Creation 85 Extinguishment; Grounds; Prescriptive Period (1994) ................................................................................ 29 (2001) ............................................................................................................................................... Prescription (2002) ........................................................................................................... 67 (2006) .................................................................................... 116unscrupulous Vicarious Liability (1991) (1999) .............................................................................................................................. 102 from particular customs (Encyclopedia recipients (2001) .......................................................................................................... of local deliberately distorted notes from other 70 law Foreshore and .................................................................................... 103 Conveyance of aschools Partners (1993) ............................................................................................................... 91 Conditional ............................................................................................................... 12 Juridical ..................................................................................................... 13 Applicable Laws; Arts 15, DEEDS............................................................................................................................... 69 (2004) Condonation ...................................................................................................................................... (2000) Marriage; Separation; Mutual guilt (2006) .......... 48 Legal Preterition; Compulsory Heir (1999) Ownership; Co-Ownership; Redemption (1993) ........................................................................................................................................... 116 General Agency vs. Special Agency Americana, Vol. 7). On the other hand, CIVIL Share Dissolution (1998) .................................................................................................. Lands Sale Capacity; vs. Natural Absolute Persons (1999) Sale & 17 (1998) ..................................................................................................................... 13 .......................................................................................................................... 85 .. 29 Ownership; Marriage; ............................................................................................................................ 48Non-Bigamous Proceedings; ........................................................................................................... 67 Co-Ownership; Vicarious Liability (2001) (1992) ................................................................................................................ 102 Powers LAW 16 is118 understood to be that branch of law (2000) ........................................................................................................................................ 103 Dissolution of will be richly Partnership (1995) (1997) .................................................................................................................... 91 Contract .................................................................................................................. 13 Waiver of students. Share to others this work and you rewarded by God in heaven. Applicable Laws; Arts 15, 16, 17 Extinguishment; Extraordinary Inflation or Deflation Marriages (2006) .................................................................................................................. 30 Redemption (2000) ........................................................................................................... 67 Intestate Proceedings; Jurisdiction (2004) ........................................................................................................................................... 117 of the Agent governing the relationship of persons in respect ....... 70 Forgery; Holder in Bad Faith .............................................................................................................................. 103 of Rights Sale Innocent Purchaser; vs. Agency to Sell (2004) (1999) (2002) ........................................................................................................................ 14 DONATION ................................................................................................................................................ (2001) ......................................................................................... 86 Extinguishment; Loss Marriage; TRUST........................................................................................................................................................ Property Relations; Void Marriages (1991) ............................................................................................. 48 Succession; Death; Presumptive Ownership; Co-Ownership; Redemption Vicarious (1994) Liability ....................................................................................................................................... (2002) of their personal and private interests as (2005) ............................................................................................. 70 Forgery; Dissolution of (2002) Partnership; Termination ................................................................................................................... 91 Innocent Contract Act of ............................................................................................................................................... Applicable Laws; Capacity to ................ 52 (1994) Donation ....................................................................................................................................... vs. Sale ................................................................................................... 30 Marriage; Psychological ................. 89 Legitime (1991) ........................................................................................................ 49 Wills; ........................................................................................................... 67 Possession It is Express also very good karma. Trust; Prescription (1997) ........................................................................................................................................... 117 . 102 Termination; Effect of Death of Agent (1997) distinguished from both public and international (1993) .......................................................................................................... 104 Effect of Purchaser; Mirror Principle (1991) Sale; Marital Community Property; Formalities (2006) 13 (1998) ...................................................................................................................... 14 (2003) ....................................................................................................................................... 86 Extinguishment; Impossible Service (1993) Incapacity (1996) ................................................................................................................... 30 (1998) ............................................................................................................................................... Codicil; .............................................................................................................................. Institution of Heirs; Substitution ofLoss; Heirs of 89 Vicarious Liability (2004) ............................................................................................................. 103 laws. .................................................................................................. Death 71 Contract Fraud; Procurement Partner of Sell ............................................................................... 91 Buy to Implied COMMODATUM & MUTUUM Applicable Laws; Capacity to Land (1995) In common law countries, the traditional ....... 52 Donations; Condition; Capacity to Sue (1996) ....................................................................................................... 86 Extinguishment; Marriage; Psychological Incapacity (2002) .................................................................................... 49 Wills; Formalities (1990) which ........ 68 Property; Real vs. Personal Property of (1995) Trust ........................................................................................................................................... 117 Accretion; Alluvion (2001) (1997) ................................................................................................................................ 104 Patent; Effect (2000) ................................................................................................................ Weresponsibility would like to seek the indulgence the reader for some Bar52 Questions are (2001) ........................................................................................................................................ .................................................................................................................................... Commodatum (1993) ............................................................................................................ 15 Applicable Laws; ............................................................................................................. has for the most part been Donations; Novation (2006) ................................................................................................................... 31 Marriage; .............................................................................................................................................. 50 ................................................................................................................ 68 Property; Real vs. (1998) ...................................................................................................................................... Vicarious Liability (2006) SALES........................................................................................................................................................ ........................................................................................................................................... 56 Obligations of a Partner (1992) 71 Homestead Patents; Void Sale (1999) ......... 92 Contract to Sell vs. Contract of Sale ................................................................................................................................................. Capacity to Contract with the judges; in civil law countries, the .................. (1994) ................................................................................................................................. 87 Conditions; Revocation Psychological Incapacity Wills; Personal Holographic Property (1997) Wills; Insertions ................................................................................................................ & Cancellations (1996) ........................................................................................................................................... ............... 90 Trust; Implied Resulting 7192 117 Trust 91 Accretion; Avulsion (2003) .................................................................................................................................. 104 .......................................................................................................................... Innocent (1997).................................................................................................................. Contract 104 Commodatum (2005) (1995) .............................................................................................................. 15 Applicable improperly classified under a topic and for some topics which are improperly or (1991) ................................................................................................................... 53 task is primarily reposed on the lawmakers. Extinguishment; Payment (1995) ( (2006) ................................................................................................................... 31 Marriage; ......................................................................................... 50 Wills; Holographic Wills; Witnesses 68 Sower; Good Faith/ Bad Faith (2000) (2000) (1995) ........................................................................................................................... 91 Vicarious Liability; Public Utility .......................................................................................................................................... 56 Obligations of a Partner; Right Industrial Partner (2001) Purchaser for Value to Sell; Acceptance; of First Refusal ................................................................................................................................................. Laws; capacity to succeed ................................................................................................................................. 87 Contemporary practices, however, so Donations; Effect; illegal & immoral conditions Requisites (1995) (1994) .................................................................................................................. 50 Wills; Joint ........................................................................................................................... ..................................................................................................................... 118 69 Usufruct Builder; Good Faith ..................................................................................................... 10492 (2001) ............................................................................................................................ 72 (1991) .......................................................................................... Double Sales 105 Commodatum vs. Usufruct (1998) (1991) ............................................................................................................... 15 31 Applicable (1997) ................................................................................................. 53 have Donations; Liability; Lease; Joint Liability (2001) indicate a trend towards centralizing that ......................................................................................................................................... Wills (1997) (2000) ............................................................................................................................................... ignorantly phrased, for the authors are just Bar Reviewees who prepared this (1992) ...................................................................................................................................... Mirror Principle (1990) (2001) ........................................................................................................................................ ............................................................................................................................. 105 Laws; contracts contrary to public policy 87 Liability; (1996) .......................................................................................................................... function Formalities; to professional Mortis Causa groups (1990) that may Marriage; Requisites (1999) ............................................................................................................................................... 50 ............. 69 ..... 57 Builder; Good Faith vs. Bad Faith (1999) ................................................................................................................................................. ............. 92 Double Sales Mutuum vs. Commodatum (2004) ........................................................................................ 15 Applicable Contracts of Solidary ............................................................................................................... 54Laws; Donations; indeed, see the gradual assimilation in time ......................................................................................................................................... 32Liability Wills; Probate; Intrinsic Validity (1990) ..................................................................................................................... 57 Builder; 72 Mirror Principle; Forgery; Innocent Purchaser (1999) (2004) ........................................................................................................................................ .............................................................................................................................. 106 work while reviewing for the Bar Exams under constraints and within their First Edition - Edited and time Arranged by: DEPOSIT.................................................................................................................................................... Carriage (1995) ............................................................................................................ 16 (1998) ................................................................................................................................. 87 Formalities; Mortis Causa (1998) of both systems. [Vitug, Civil. Law and Marriage; Requisites; Marriage License ........................................................................................................................ Probate; Good Faith vs. Bad Faith (2000) .................................................................................................. Notice51 of Wills; Lis Pendens ............. 93 (1996) July Equitable 73 Mortgage Mutuum; Interests 2. Jurisprudence, In Civil Law, the statutes theoretically ............... 107 26, Bank 2005 Applicable Compensation; Laws; Labor Contracts (1991) Loan Liability; Solidary Obligation ............................................................................................................... 54 Donations; Inter p. XX) ............................................................................................................ 32 Marriage; Requisites; Notarial and Holographic Wills (1997) ..................................................................................................................... 57 Builder; (1995) ....................................................................................................................................... (1991) ........................................................................................................................................ (2001) take precedence over court decisions .................................................................................................................... 16 Applicable (1997) .............................................................................................................................. 107 (1992) ............................................................................................................................. Atty. Janette Laggui-Icao and Vivos; Acceptance (1993) limited PROPERTY.................................................................................................................................................. knowledge of the law. We would like to seek the readers indulgence for a88 lot Marriage License ............................................................................................................ .................................................................................................. 51 Wills; Revocation of Wills; 33 Good Faith vs. Bad Accession (2000) 73 Notice of (2002) Lis Pendens; Transferee Pendente Lite (2002) .. 93 Equitable Mortgage vs. Sale .... 106 Mutuum; Interests interpreting them; while inFaith; Common Law, the Laws; laws governing marriages (1992) Deposit; Exchange Liability; Solidary Obligation; Mutual Guaranty (2003) SURETY...................................................................................................................................................... .................................................................................................................. 54 Donations; .............. 56 Atty. Alex Andrew P. Icao 73 58 Marriage; Requisites; Solemnizing Officers Dependent Relative Revocation (2003) ............................................................................... 51 Wills; ................................................................................................... Builder; Good Faith vs. .............................................................................................. Prescription & Laches; (2005) .............................................................................................................................. 93 (2002) ....................................................................................................................................... court decisions resolving specific cases are ..................................................................................................... 17 Laws; laws (1992) ...................................................................................................................................... ................................................................................................. of the thing due; Force .............. 107 Perfection (1998) Recovery of Deficiency (1997) (Silliman University College88 of Loss (1994) ....................................................................................................... 33Applicable Marriage; Requisites; Testamentary Disposition Bad Faith; Presumption of typographical errors in this work. Elements of Laches (2000) ...................................................................................................... .... Immovable Property; 106 Rescission Mutuum; of Contract Interests (2003) regarded as law rather than the statutes governing marriages (2003) ..................................................................................................... .... 107 Majeure (2000) ................................................................................................................. ................................................................................................................ 88 ....................................................................................................................................... 5433 ................................................................................................................................... 107 Void Marriage (1993) ANTICHRESIS............................................................................................................................................. (2006) ........................................................................................................................ 52 Mortgage Wills; Law) (2001) ................................................................................................ 58 Chattel 74 Prescription & Laches; Indefeasibility Rule of Torrens Title of (2002) 94 .................................................................................................... Maceda Law (2004) ....................................................................................................................................... themselves which are, at the start, merely 17 Applicable Laws; Sale Property Non-Payment of(2004) Amortizations; Subdivision Buyer; Real When justified Donations; Requisites; Immovable Marriage; Void Marriages ........... 107 Antichresis (1995) Testamentary Intent (1996) vs. Pledge (1999) Latest Edition Edited and Arranged by: .............................................................................. 74 Prescription (1990) (2000) ........................................................................................................................................ .... 106 embodiments of case law. Civil Law is code law (1995) ............................................................................................................. 17 Applicable (2005) ................................................................... 89 Period; Suspensive Period Property ................................................................................................................ 55 .................................................................................................................................. 34 Marriage; ................................................................................................................................ 52 .................................................................................................................................................. PLEDGE ..................................................................................................................................................... ............................................................................................................................. 58 Chattel .................................................................................................................................................. .............. 94 Maceda Law; Recto Testamentary Law ROMUALDO L. SEERIS II or written law, while Common Law is case law. Laws; Succession; Intestate & (1991) ................................................................................................................................ 89 Donations; Unregistered; Effects; Non-Compliance; Resolutory Condition (2006) Void ... Marriages (2006) 107 ............... 108 Pledge (1994) Mortgage; Immovables .... 75 Prescription; Real Rights (1992) (1999) .................................................................................................................................... Silliman University College of The Authors Civil Law adopts the deductive method -55 from (2001) ................................................................................... 18 Applicable of ....................................................... Donations; Validity; Effectivity; for Laws; Unborn Child .................................................................................................................................. 34Sucession Marriage; .................................................................................................................................................. (1994)to .......................................................................................................................... .................................................................................................................................. 7559 95 Option Contract (2002) the general the particular, while the Law Aliens (1995) ............................................................................................................... 18 ADOPTION................................................................................................................................................. (1999) .............................................................................................. 55 Donations; with Void .......... Marriages; Psychological Incapacity (2002) 108 Pledge (2004) Chattel Mortgage; Immovables Primary Entry Book; Acquisitive Prescription; (1998) ................................................................................................................................................ Common Law uses the inductive from Laches Applicable Laws; Wills executed abroad (1993) ................ 21 Adoption; Use of approach Surname of her Natural Mother (2006) Resolutory Condition ......................................................................................... 35 76 Parental Authority; Child under 7 .................................................................................................................................................. (2003) .......................................................................................................................... 59 ...................................................................................... Reclamation ofDefinition; Foreshore Lands; QUASI95 Option Contract; Earnest Money (1993) the particular ........................................................................................................... to the general. Common Law 18 Cognovit; .............................................................................................. 21 Inter-Country Adoption; (2003) ............................................................................................................... 56 years of age (2006) .................................................................................................. Parental .......... 108 Pledge; Mortgage; Antichresis 35 (1996) Chattel Mortgage; Possession (1993) Limitations (2000) ................................................................................................... 76 CONTRACT.............................................................................................................................................. Quasi-Contracts; ....................................................................................................................... Negotiorium Gestio 95 Perfected (1992) relies on equity. Civil Law anchors itself on the Borrowing Statute; Characterization (1994) Formalities (2005).................................................................................................................. Authority; Special Parental Authority; Liability of Teachers ........................................................................................................................ 108 .......................................................................................................................... 60 Chattel Registration; Deed of Mortgage 108Earnest ............................................................................................................. QuasiSale; Acceptance of Money (2002) ................................................................................ 18 Authority; Definition; forum 109 non-conveniens; letter of the law. The civilists are for the judge21 Parental Authority; Rescission of Adoption (1994) (2003) ................................................................. 35 Parental Substitute vs. Special Mortgage; Preference of Creditors (1995) (1994) ......................................................................................................................... 77 .................................................................................................. 95 Redemption; Legal; Contracts; Negotiorium Gestio (1993) long-arm statute (1994) ......................................................................................... 19 Divorce; SUCCESSION.............................................................................................................................................. proof law even as the Common Law Is judge...................................................................................................... 21 Qualification of CONTRACTS .............................................................................................................................................. (2004) ......................................................................................................... 35 Paternity & Filiation ........................................................................................................ 60 Easement vs. Remedies; Judicial Confirmation; Imperfect Title (1993) Formalities (2001) ............................................................................................................. 109 Quasieffect of divorce granted to former Filipinos; Renvoi Doctrine made ............. law. Civil 42 Law judges are merely Amount of Successional Rights (2004) Adopter .............. 80 Consensual vs. Real Contracts; Kinds of Real Contracts (1998) (1999) .......................................................................................................................................... Usufruct .............................................................................................. 77 Remedies; Judicial ........................................................................................................................ 96 Barrier Redemption; Contracts; Negotiorium Gestio (1995) (1997) ............................................................. Domiciliary theory vs. Validity Nationality Theory TORTS 19 & DAMAGES supposed to apply laws and not interpret them. ........................................................................................................................ 42 (2005) .................................................................................................................................... .................................................................................. Consideration; 36 Paternity & Filiation; Artificial Insemination; Formalities 80 (2006) (1995) ...................................................................................................................................... Reconstitution of Title (1996) Legal; Formalities (2002) ............................................................................................................. 109 Quasi(2004) .......................................................................................................... 19 Forum Non ........................................................................................................................................... 110 Collapse between illegitimate of & legitimate Structures; relatives (1993) Last Clear Chance 22 Qualification of Adopter; Applicable Law (2001) (2000)...................................................................................................................................... ................................................................................... 36 Paternity & Filiation; Common-Law Union LEASE........................................................................................................................................................ 60 Easement; Effects; Discontinuous Easements; Permissive Use (2005) ........................................................................................................ 77 Remedies; Procedure; ........................................................................................................................ 96 Right of First Contracts; Solutio Indebiti (2004) Conveniens & Lex Loci Contractus (1990) ...................................................................................................... 110 Damages ............................................................................................. 42 Barrier between .......................................................................................................... 22 Qualifications of 80 Contract of Option;Total Elements Distruction; FAMILY (2004) ......................................................................................................... 36 Paternity & Filiation; .................. 97 Extinguishment; Leased Property (1993) ........................................................................ 61 Easement; Nuisance; Abatement Consulta (1994) ........................................................................................................................ Refusal; Lessee; (1996) Effect (1996) .................................................................................................................... 110 (2002) ................................................................................................. 19 Nationality Theory (1994) illegitimate ...................................................................................................................................... & legitimate relatives Adopter (2000) CODE......................................................................................................................................................... (2005) ............................................................................................................................ 81 Emancipation Proofs; Limitations; Adopted Child (1995) ................................................................................... 36 ......................................................................................... 97 Implied New Lease (2002) ...................................................................................................................... 61 77 Remedies; Reconveyance vs. Reopening of a Decree; Prescriptive Period ................................................................................................................ 96 Right of First (2004) ........................................................................................................................................ ................... 111 Damages arising from Death 43 of Unborn Child (1991) ............................................................................................. Collation (1993) .................................................................................................................................. 22 Inexistent Contracts vs. Annullable Contracts . 23 (1993) ...................................................................................................................................... Paternity & Filiation; Recognition of illegitimate Child (1999) ...................................................................................................................................... Easements; Classification (2003) ........................................................ 78 Remedies; Reconveyance; Elements (1995) Refusal; Lessee; Effect (1998) ..... 20 Naturalization (2003) ................................................................................................. .................................................................................................................................................. 111 Damages arising from Qualifications of Adopter (2003) (2004) ................................................................................................... 81 Nature of .............. 23 Family Code; Retroactive Application; Vested Rights (2005) ....................................................................................... 37 PaternityLands & Filiation; Rights of62 ...... 98 of (2000) (1998) ................................................................................................................................. ................................................................................................................ 97 Right of .................................................................................................................................................. Death of Lease Unborn Child 78 Remedies; Page 5 of 7 8 (2003) 119 ......... 43 Disinheritance vs. Preterition (1993) Rural .................................................................................................................................. 23 Contracts; Obligatoriness (2000) ........................................................................................ 24 Legitimate Children (1990) ........................................................................................... 37 ........................................................................................................................................ 98 Easements; Right of Way Reconveyance; Prescriptive Period (1997) Repurchase (1993) . 20 Theory; significant relationships theory ................................................................................................. ............................................................................................................................ 111 Child Death 43 Indemnity Successional of Adopted (2004) (1991) .................................................................................................................. 81 Nature Presumptive Legitime (1999) Rights (1993) .................................................................................................................................. ................................................................................................. 79 Remedies; Reopening of a ......................................................................................................................................... 97 (1994) ............................................................................................................ 20 Torts; (1994) ...................................................................................................................................... Disinheritance; Ineffective (1999) .............................................................................................................. 23 of Contracts; Privity of Contract (1996) ....................................................................................................................................... 38 62 Easements; Right Way Decree; Elements (1992)of .................................................................................................... 79 Transfer of Ownership; Non-Payment of the 43 (2004) Price Prescriptive Period ........ ................................................................................................................................ 111 ............................................................................................................ 82 Property Relations; Absolute Community (1994)of Title (1994) (1991) (2000) ............................................................................................. .................................................................................................................................. 97 Transfer of Ownership; Torrens System vs. Recording of Preterition Evidence ................................................................................................................................. 21 Disinheritance; Ineffective; (2000) ......................................................................................................... 38 Property Relations; Ante ........................................................................................... Risk 62 Easements; of Loss (1990) Right ................................................................................................................. of Way; Inseparability (2001) 80 Unregistered Land (1991) .............................................................................................................. 44 Nuptial Agreement (1995) ..................................................................................................... 39 80 ............................................................................................................................................ ........................................................................................................... 62 97

Table FORWARD of Contents GENERAL PRINCIPLES

CIVIL LAW
ARRANGED BY TOPIC
1990 2006)

From the ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX & Philippine Association of Law Schools

CIVIL LAW Answers to the BAR as Arranged by Topics (Year 19902006) but never against statutory law. (Toyota Motor Phil. 1. The V civil action involves an issue similar or CA SCRA 236 [1992]). intimately 216 cannot have the force of official precedents. It is as if the

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 ANSWER: mistake of 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 may, ALTERNATIVE ANSWER: furthermore, vitiate consent in a contract and Yes. ignorance of the law differs in legal effect 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 defense. Courts Decisions (1994) Are decisions of the Court of Appeals considered ALTERNATIVE ANSWERS: 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).

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]

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 consideration as a Prejudicial rule of jurisprudence (Civil Code, Paras). Questions (1997) In the context that the term is used in Civil Law, (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. 1, Civil. Code (b) Annotation, 1989 ed. p, 194). Effect of Obiter & Dissenting Opinion; Requisites SCWhat Decisions (1994) 2) 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

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 of Paras). Laws a (1990) After 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 such (a) As to the publication of said legislative newspaper of general circulation on July 7, enactment, is there sufficient observance or 1990 and in the Official Gazette on July 10, compliance with the requirements for a valid 1990. (b) WhenExplain did the your law take effect? publication? answer. (c) the executive branch start ExplainCan your 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 state itself prescribes the requisites of publication for its effectivity, and all requisites have been complied with. (Article 2, Civil Code) (b) The law takes effect upon compliance with 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. 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% 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
SUGGESTED ANSWER:

related to the issue raised in the criminal 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

work in a multi-national company. There, he fell in 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 eradicate all Will the of petition forof change of name of Jesus vestiges the infamy Mary Grace's father. delos Santos to Roberto delos Santos under Republic Act No. 9048 prosper? Explain. (10%)

Change of Name; Under RA 9048 (2006) delos Santos filed a petition for Zirxthoussous 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." His full name now Jesus Santos moved to General Santos City to readsdelos "Jesus delos Santos."

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 or (2) There is no confusion to be avoided 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:

1 The prejudicial question must be determinative of the case before the court. 2 Jurisdiction to try said question must be lodged in another tribunal.
ADDITIONAL ANSWER:

CIVIL LAW Answers to the BAR as Arranged by Topics (Year 19902006) spelling, Juridical capacity, visible to as the distinguished eyes or from obvious capacity to conditions absolute the to community detrimental amounting to the moral to 1well-being Million Pesos. of their His

the and former can be is passive corrected while or the changed latter isonly active, by understanding, act: (a) reference (b) the former to other is inherent existing in a records. person while Provided, the however, latter is merely that no acquired, correction (c) the must former involve is lost the change only through of nationality, death while age, the status latteror may sex be oflost the petitioner. through death or restricted by causes other than death, and Id) the former can exist Death; capacity Effects; to Simultaneous without act while the latter cannot Juridical Capacity; Natural Death (1998) Jaime, who is juridical 65, and capacity. his son, Willy, who is 25, exist without Persons (1999) Elated that her sister who had been married died in a plane crash. There is no proof as to for five years was pregnant for the first who died first. Jaime's only surviving heir time, is his Alma P100,000.00 to the unbornWilly's child. wife, donated Julia, who is also Willy's mother. Unfortunately, died one hour after surviving heirs the are baby his mother, Julia and his 1. In the settlement Jaime's the estate, can delivery. May Alma of recover P100.000.00 wife, Wilma. Wilma successfully claim that her late before husband, that she had donated to said baby it Willy had share was died? much was borna hereditary considering thatsince the he baby SUGGESTED ANSWER: youngerotherwise, than his father and, therefore, should Stated is the donation valid and The donation is valid and binding, being an act be presumed to have survived longer? [3%] binding? Explain. (5%) favorable to the had unborn child, but only if the 2. Suppose Jaime a life insurance policy baby had an intra-uterine life of not less than with his wife, Julia, and his son, Willy, as the seven months and pro-vided there was beneficiaries. Can Wilma successfully claim due acceptance theproceeds donation by the proper that one-half of of the should belong to SUGGESTED ANSWER: person representing said child. If the child had Willy's estate? |2%J 1. No, Wilma cannot successfully claimlife, that less than seven months of intra-uterine it Willy had a hereditary share in his father's is not deemed born since it died less than 24 estate. Under Art. Civil Code, two ease persons hours following its 43, delivery, in which the ALTERNATIVE ANSWER: "who are called to succeed each other" donation never became effective since are the Even if the had an intra-uterine life of presumed tobaby have died the same time, in donee never became aat person, birth being more than seven months and the donation was the absence of proof as to which of them died determinative of personality. properly it would be void for not first. Thisaccepted, presumption of simultaneous death having conformed with the proper form. In applies in cases involving the question of SUGGESTED ANSWER: order to be valid, the donation and acceptance succession as between the two who died, who 2. Yet, Wilma can invoke the presumption of of personal property exceeding fivefather thousand in this case are mutual heirs, being and survivorship and claim that one-half of the pesos should be in writing. (Article 748, par. 3) son. Waiver shouldof proceeds belong to Willy's estate, under Rights (2004) B. DON, an American businessman, secured Sec. 3 (jj) par. 5 Rule 131, Rules of Court, as parental consent forinvolve the employment five the dispute does not succession. of Under minors to play certain roles between in two movies he this presumption, the person the ages was producing at home in Makati. They worked of 15 and 60 years is deemed to have survived at odd hours ofwas the over day 60 and but of always one whose age atnight, the time their accompanied by parents or other adults. The deaths. The estate of Willy endowed with producer paid the children fees atstead rates juridical personality stands talent in place and Death; Effects; Simultaneous But a than social worker, DEB, reported to OSWD better adult wages. of Willy, as beneficiary. Death (1999) Mr. that and these Mrs. children Cruz, who often are childless, missed going met with to a serious school. They motor sometimes vehicle accident drank wine, with aside Mr. from Cruz at the exposed being wheel and to Mrs. drugs. Cruz In seated some scenes, beside him, they resulting were filmed in the naked instant or in death revealing of Mr. costumes. Cruz. Mrs. In Cruzdefense, his was still DON alive contended when help all came these butwere she also of part died artistic on the freedom way and to the cultural hospital. creativity. The couple None ofacquired the parents properties complained, worth said One DON. Million He (P1 ,000,000.00) also said they signed Pesos a during contract their containing marriage, a which are waiver of their being right claimed to file by any the complaint parents of inboth any (b) Suppose in the preceding spouses office or in tribunal equal shares. concerning Is thequestion, claim the working of both both Is the and binding? Why or why Mr. and Mrs. Cruz were already dead when sets conditions of waiver parents of valid valid their and children why? (3%) acting in the not? Explain. help came, so (5%) that no-body could say who died movies. SUGGESTED ANSWER: ahead of the other, would your answer be the The waiver is not valid. Although the contracting parties same to the question as to who are entitled to may establish such stipulations, clauses, terms and SUGGESTED ANSWER: the properties the deceased couple? (2%) conditions as they of may deem convenient, they may not do
(a) No, the claim of both parents is not valid. When Mr. so if such are contrary to law, morals, good customs, public Cruz died, he was succeeded by his wife and his parents order, or public policy (Article 1306, Civil Code). The as his intestate heirs who will share his estate equally. parents' waiver to file a complaint concerning the working His estate was 0.5 Million pesos which is his half share in the

children wife, will, acting therefore, in the inherit movies O.25 is in Million violation Pesos of the andFamily his parents Code and will Labor inherit laws. 0.25 Thus, Million thePesos. waiverWhen is invalid Mrs.and Cruz not died, she was succeeded by her parents as her intestate heirs. binding. They will inherit all of her estate consisting of her 0.5 Million half share in the absolute community and her 0.25 Million inheritance from her or a total of 0.750 The Child Labor Law is husband, a mandatory and Million Pesos. law and the rights of the child prohibitory

cannot be waived as it is contrary to law and public policy. In sum, the parents of Mr. Cruz will inherit 250,000 Pesos while the parents of Mrs. Cruz will inherit 750,000 Pesos. (b) This being a case of succession, in the Appilicable Laws; laws governing absence of proof as to the time of death of contracts (1992) X andof Y entered into ait contract in Australia, each the spouses, is presumed they died whereby it was agreed that X would build a at the same time and no transmission of rights commercial for in the Philippines, from one to building the other is Y deemed to have taken and in payment for the construction, Y will place. Therefore, each of them is deemed to transfer convey hisat cattle ranch located in have an and estate valued P500,000,00, or onethe States in favor of X. What law half United of their conjugal property of P1 million. would govern: a) parents The validity the inherit contract? Their respective will of thus the b) The performance the contract? c) The of entire P1 Million of in equal shares, Death; Effects; Simultaneous consideration of the contract? P500,000.00 per set of parents. SUGGESTED ANSWER: Death (2000) b) Cristy and her late husband Luis had two (a) The validity the contract willsummer, be governed children, Rose of and Patrick, One her by Australian law, because the validity refers to mother-in-law, aged 70, took the two children, the element of the12, making the in to then aged 10 and with of her oncontract a boat trip (Optional Addendum:"... unless the parties this case. Cebu. Unfortunately, the vessel sank en route, agreed to be bound by another law".} and the bodies of the three were never found. None of the survivors ever saw them on the water. the settlement of her mother-in(b) The On performance will be governed by the law's estate, Cristy files a claim for a share law of the Philippines where the contract is toof her estate on the ground that the same was (c) performed. The consideration will be governed by be inherited by her children from their the law of the SUGGESTED ANSWER: grandmother representation of their father, No, her actionin will not prosper. Since there was and she inherited the same from them. Will her no proof as to who died first, all the three are action prosper? (2%) deemed to have died at the same time and there was no transmission of rights from one ALTERNATIVE ANSWER:Article 43 of the New Civil to another, applying No, her action will not prosper. Under Article 43 Code. of the New Civil Code, inasmuch as there is no proof as to who died first, all the three are presumed to have died at the same time and there could be no transmission of rights among them. Her children not having inherited from their grandmother. Cristy has no right to share in her mother-inlaw's estate. She cannot share in her own right as she is not a legal heir of her mother-in-law. The survivorship provision of Rule 131 of the Rules of Court does not apply to the problem. It applies only to those cases Juridical Capacity vs.Civil Capacity What the Registry may be where entries the issuein involved is not succession. to Act (1996) Distinguish juridical capacity from capacity to act, changed or corrected without a judicial order? ANSWER: Only clerical or SUGGESTED ANSWER: (2.5%) JURIDICAL CAPACITY the fitness to be the typographical errors is and first or nick names subject of legal relations while CAPACITY TO may be changed or corrected without a judicial ACT the RA power or to do acts with legal orderis under 9048. ClericalThe orformer typographical refer to effect. is inherent errors in every natural mistakes committed the performance of person and is lost only in through death while the clerical in writing, copying, transcribing or latter is work merely acquired and may be lost even ALTERNATIVE ANSWER; typing death an entry in NCC). the civil register. The before (Art. 37, mistake is harmless and innocuous, such as errors in

CONFLICT OF LAWS

United States where the ranch is located.


(Optional Addendum: In the foregoing cases, when the foreign law would apply, the absence of proof of that foreign law would render Philippine law applicable under the "eclectic theory".)

Applicable Laws; Arts 15, 16 &is 17 (1998)citizen residing in Tokyo, Juan a Filipino Japan. State what laws govern: 1 His capacity to contract marriage in Japan, [ 1%] 2 His successional rights as regards his deceased Filipino father's property in Texas, U.S.A. [1%] 3 The extrinsic validity of the last will and testament which Juan executed while sojourning in Switzerland. [2%] 4 The intrinsic validity of said will. (1%)

CIVIL LAW Answers to the BAR as Arranged by Topics (Year 19902006) was a Filipino citizen, Philippine law governs father

successional rights. Juan's


ANOTHER ANSWER:

2. Juan's successional rights are governed by Philippine law, pursuant to Article 1039 and the second paragraph of Article 16, both of the Civil Code. Article 1039, Civil Code, provides that capacity to succeed shall be governed by the "law of the nation" of the decedent, i.e.. his national law. Article 16 provides in paragraph two that the amount of successional rights, order of succession, and intrinsic validity of testamentary succession shall be governed by the "national law" of the decedent who is SUGGESTED ANSWER: identified as a Filipino in of the present 3. The extrinsic validity Juan's will problem. is 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 Civil Code.
SUGGESTED ANSWER:

SUGGESTED ANSWER:

(2). With respect to Felipe the divorce is valid, but with respect to Felisa it is not. The divorce will not capacitate Felisa to remarry because she and Felipe were both Filipinos at the time of their marriage. However, in DOJ Opinion No. 134 series of 1993, Felisa is allowed to remarry because the injustice sought to be corrected by Article 26 also obtains in her case.

B. The foreigner who executes his will in the Philippines may observed the formalities 1. The Law of the country of which he is a described in: citizen under Article 817 of the New Civil Code, 2. the law of the Philippines being the law of or the place of execution under Article 17 of the New Civil Code.
SUGGESTED 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, 17and (2002) Felipe 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 marriage to Felipe subsisted despite A. Is the divorce secured by Felipe the in divorce obtained by Felipe because said divorce California recognizable and valid in the is not recognized in the For marriage this Philippines? How does itPhilippines. affect Felipes reason, she claims that the properties and that B. What law governs the formalities of the will? to Felisa? Explain. (2%). Sagundina has no successional rights. Explain. (1%) C. Will Philippine law govern the intrinsic validity of the will? Explain. (2%)
SUGGESTED ANSWER:

C. Philippine law will not govern the intrinsic validity of the will. Article 16 of the New Civil Code provides that intrinsic validity of testamentary provisions shall be governed by the National Law of the person whose succession is under consideration. California law will govern the intrinsic validity of the will. Applicable Laws; Capacity to Act (1998) Francis Albert, a citizen and resident of New Jersey, U.S.A., under whose law he was still a minor, being only 20 years of age, was hired by ABC Corporation of Manila to serve for two years as its chief computer programmer. But after serving for only four months, he resigned to join XYZ Corporation, which enticed him by offering more advantageous terms. His first employer sues him in Manila for damages arising from the breach of his contract of employment. He sets up his minority as a defense and asks for annulment of the contract on that ground. The plaintiff disputes this by alleging that since the contract was executed in 1 Will the suit prosper? [3%] the Philippines under whose law the age of 2 Suppose XYZ Corporation is impleaded majority is 18 years, he was no longer a minor as a codefendant, what would be the basis of at the time of perfection of the contract. its liability, if any? [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] ).

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 13 of 119 decedent (2nd par.. Art. 16).Page Since Juan's deceased

our Plaintiffs Courts. argument (Cadalindoes v. POEA. not hold 238 true, SCRAbecause concerning transactions applied involving Philippine property law is in byacts or property, and those which have for Supreme capacity Court ALTERNATIVE ANSWERS; 762) status capacity is not determined by lex loci an exception. of damages Under Article for breach 16 of the of contract NCC the of theiror object public order, public policy and recovery a) Their claim not correct. Assuming that the contractus butis by lex patriae. carriage capacity for of persons the reason in transactions that it is the involving law of the good customs shall not be rendered second contract is binding under Hongkong ANOTHER ANSWER: title to where property the is contract governed was by executed. the law of the ineffective by laws or judgments place 1. promulgated, Article 17 of the by Civil Code provides law, such second contract isdeterminations invalid under that ANSWER: country where the property is situated. Since or or ALTERNATIVE If the violation of the contract was attended the forms and solemnities of contracts, wills Philippine law which recognizes as valid only the property is in the Philippines, Philippine law conventions agreed upon in a foreign with bad faith, there is a ground to recover and other public instruments shall be governed the first contract. Sinceown the case is being Accordingly, a state's conflict of laws rule governs the capacity of the seller. country." damages. But since there by the laws ofPhilippines, the be country inPhilippine which they are moral Applicable Laws; capacity to was a federal litigated in the the Court may, exceptionally inapplicable, given public regulation which was the basis of the executed. succeed (1991) Jacob, a Swiss national, married Lourdes, a act as the considerations forum will not enforce anyof foreign claim policy by the law the forum. Since theto the contract of employment was complained of, the airline cannot in bad Filipina, in Berne, Switzerland. Three be years obnoxious forum's public policy. There is executed in the Manila, Philippine law of should faith. Hence, only actual damages can be Going specific provisions the later, the couple decided to reside in the a stronginto public policy enshrined in our govern. Being 18 years rule old and no longer recovered. same is true with regards to contract in question, I would as follows: Philippines. The Jacob subsequently acquired Constitution onover the protection of labor. Laws; Labor a minor according to Philippine Law, Francis 1 The duration of contract the contract is not opposed Applicable to exemplary damages. several properties in the Philippines with the Therefore, the second shall be b) No, their claim is not correct. The second Contracts (1991) A. The Japan Air Lines a Forty foreigner Albert can be sued. Thus, the suit of ABC Philippine law and it can be valid money he inherited from his (JAL), parents. disregarded and the first therefore contract will be as SUGGESTED ANSWER: contract executed in Hongkong, partakes of the corporation licensed to do business Corporation against him for damages will stipulated; years later. Jacob died intestate, and is in the enforced. (Cadalin v. POEA, 238 SCRA 762) . 2. XYZofCorporation, having enticed Francis nature a second waiver that is contrary Philippine Philippines, executed in Manila a contract prosper. 2 The provision to theto effect that survived by several legitimate children and of Albert to break his contract with the plaintiff, law and the public policy governing Filipino employment with Maritess Guapa under which notwithstanding duration, Japan Air Lines (JAL) may duly recognized illegitimate daughter Jane, all may be held liable for under overseas workers. Art. 17,damages provides that ourArt. the latter was hired as a stewardess on the (a) Suppose that Swiss law does not allow terminate her employment is invalid, being residing in the Philippines. ALTERNATIVE ANSWER: 1314, Civil Code. prohibitive laws concerning persons, their acts, aircraft flying the Manila-Japan-Manila route. illegitimate children to inherit, can Jane, who is inconsistent with our Labor laws; 2. The basis of liability of XYZ Corporation would be or their property or which have for their object The contrast specifically provides that (1) the a recognized illegitimate child, inherit part of 3 That the contract shall be construed as Article 28 of the Civil Code which states that: (b) properties Assuming that Jacob executed a will public public policy and good customs duration of the contract shall be two (2) years, of Jacob under Philippine law? governed under and by the laws of commercial, Japan and only the "Unfairorder, competition in agricultural, leaving certain properties to Jane as her shall not be rendered ineffective by laws or (2) notwithstanding the above duration, JAL courts of Tokyo, Japan shall have jurisdiction, is or industrial enterprises or in labor through the legitime in accordance with the law of conventions agreed upon in a foreign country. may terminate the agreement at any time by invalid as clearly opposed deceit, to the aforecited third use of force, intimidation, machination succession in the Philippines, will such Besides, Alma's consent to the second contract giving her notice in writing ten (10) days in paragraph ofunjust, Arts. 17 and 1700 or of highhanded the Civil Code, or any other oppressive SUGGESTED ANSWER: testamentary disposition be valid? was vitiated by undue influence, being virtually advance, and (3) the contract shall be which provides: method shall give rise to a right of action by Yes. As stated in the problem. Swiss law laws helpless and under financial distress in a foreign A. construed as governed under and by the the person who thereby suffers damage." does not allow illegitimate children to inherit country, as ANSWER: indicated by the given fact that she of Japan and only the court in Tokyo, Japan ANOTHER JAL dismissed Maritess on the month Hence, Jane cannot inherit thefourth property of of signed she hadThe no choice. Therefore, shall have the jurisdiction to consider any 2. No because liability arises. statement of the her employment without giving her due notice. Jacob under Philippine law. the defendants claim contract is intent, valid matter arising from or relating to the contract. problem does not in that any the way suggest SUGGESTED ANSWER: Maritess then filed a complaint with the Labor under Hongkong law should be malice, or even knowledge, on rejected the part since of XYZ B. The testamentary disposition will not be Arbiter for reinstatement, backwages and under the DOCTRINE OF PROCESSUAL Corporation as to the contractual relations valid if it would contravene Swill law; damages. The lawyer of JAL contends that PRESUMPTION aand foreign is deemed similar between Albert ABC law Corporation. otherwise, disposition would valid. Applicable Laws; Contracts of neither thethe Labor Arbiter nor anybe other agency Applicable Capacity to or identical toLaws; Philippine law in purchased the absence of Unless the Swiss law is proved, it would be Carriage (1995) On 8 December 1991 Vanessa from or court in the Philippines has jurisdiction over Buy Land (1995) 3. law governs the capacity of the proof to the contrary, and such is not ticket presumed to be the same as that of Philippine the What Manila office of Euro-Aire an airline the case in view of the above provision (3) of Filipino to buy the land? Explain your answer mentioned in the problem as having been law under the Doctrine of Processual for its Flight No. 710 from Dallas to Chicago on the contract which Maritess voluntarily signed. SUGGESTED ANSWER: and give its1992. legal Her basis. adduced. Applicable Laws; contracts contrary to Presumption. 16 January flight reservation The contract is the law between her and JAL. Philippine law governs the capacity was of the public policy (1996) Alma was hired as a domestic helper in confirmed. her scheduled Decide the issue. Filipino to On buy the land. Indeparture addition to the Hongkong by the Dragon Services, Ltd., B. Where under a State's own conflicts rule Vanessa on time atabove. the Dallas principle checked of lex reiin sitae given Article 15 through its local agent. She executed a that domestic law of another State should airport. However, at theprovides check-in that counter she of the NCC specifically Philippine standardmay employment contract designed by the apply, the courts of the former discovered that she was waitlisted with some laws relating to legal capacity of persons are Philippine Overseas Workers Administration nevertheless refuse to apply the latter? If so, other passengers because intentional binding upon citizens of of the Philippines no SUGGESTED ANSWER: (POEA) for overseas Filipino workers. It under what circumstance? overbooking, Euro-Aire matter where a they are. policy and practice. SUGGESTED ANSWER: provided for her employment for one year at a Euro-Alre admitted that Vanessa to was not Applicable Laws; Capacity 1. The suit will not prosper under intended Article 15, A, Labor Legislations are generally as salary of US$1,000.00 a month. It was advised of such policy when she purchased her Contract 2. What (1995) law governs the capacity of the Civil Code, New Jersey law governs Francis expressions of public policy on employerVanessa sued Euro-Aire in Manila for breach of submitted to and approved by the POEA. plane ticket. Vanessa was only able to fly two Japanese to sell the land? Explain your answer Albert's capacity to act, being his personal law employee relations. The contract therefore, contract and damages. Euro-Aire claimed that However, when she arrived in Hongkong, she SUGGESTED ANSWER: days later by taking another airline. and give its legal basis. from the standpoint of both his nationality and between Japan Air Lines (JAL) and Maritess may it cannot be held liable for damages because was asked to sign another contract by Dragon Japanese law governs the capacity of the his domicile. was, therefore, minor at the apply only toHe the extent that itsa provisions are its practice ofsell overbooking was Services, Ltd. which reduced her salary to only Japanese to the land passengers being his personal ALTERNATIVE ANSWER: time he entered into the contract. not inconsistent with Philippine labor laws allowed by basis the U.S. Code of Federal of Art. 15, US$600.00 a month. Having no other choice, law on the of an interpretation 1. The suit will not prosper. Being a U.S. intended particularly to protect employees. Regulations. ANSWERS; Vanessa on the other hand ALTERNATIVE Alma signed the contract but when she into a NCC. national, Albert's capacity to enter Under the circumstances, the dismissal of a) Since capacity to contract is governed contended that assuming that the U.S. Code by of returned to determined the Philippines, she law demanded contract is by the of Philippine the State Maritess without complying with the personal law of an individual, the Japanese Federal Regulations allowed Intentional payment ofANSWER: the differential of US$400.00 of which he is a salary national, under he to still SUGGESTED Labor law would be invalid and which any stipulation seller's capacity be governed either by overbooking, the should airline company cannot a month. Both Dragon Services, Ltd. and its a minor. This is in connection with Article 15 of Their claim is not correct. A contract is the law in the contract to the contrary is considered his national law Code (Japanese law) or by the the law of invoke the U.S. on the ground that local agent claimed that the second contract is the Civil Code which embodies the said between the parties but the law can disregard void. Since the law of the forum in this case is his domicile, depending upon hence, whether Japan ticket was purchased in Manila, valid under principle the of and nationality ofHongkong, lex to patriae. While this the if itlaws islaw contrary public policy. SUGGESTED ANSWER: the contract Philippine the issues should-be follows the nationality or domiciliary theory of Philippine law should damages apply, under which therefore binding on Alma. Isto their claimon principle intended to apply Filipino citizens The provisions of the 1987 Constitution the Vanessa can recover under Philippine resolved in accordance with Philippine law. personal can law recover for its citizens. Vanessa damages for breach of correct? Explain. under the Supreme Court in protection ofprovision, labor and on justice (Sec. B. The that third paragraph ofsocial Art. 17 of the Civil law for breach of governs contract of carriage, b) Philippine law the capacity of the contract of carriage. Decide. Discuss fully. Recto v. Harden is of the view that the status 10. Art II) embody a public policy of the Code provides that: Philippine law should govern as the law of the Japanese owner in selling the land. While as a or capacity of foreigners is to be determined on Philippines. Since the application of Hongkong place where the plane tickets were bought and general rule capacity of the in basis of the same provision or principle, law this case is in violation of the contract of carriage was executed. In i.e., by U.S. law in the present problem. Zalamea v.

CIVIL CIVIL LAW LAW Answers Answers to tothe the BAR BAR as Arranged Arranged by byTopics Topics(Year (Year 199019902006) 2006) that "Prohibitive public policy, laws the concerning application persons, shall be disregarded their Court persons of is Appeals governed (G.R by No. the 104235, law of his Nov. nationality, 10, 1993) the

arm statute (1994) lawWhat of the whereof it Forum is situated. 1) is country the doctrine non Since the the property 2) is What situated in "long the Philippines, conveniens? is a arm SUGGESTED ANSWER: Philippine law applies. The rule of lex rei sitae statute"? 1) a) FORUM NON CONVENIENS is a principle in in in Article 16 prevails over lex loci contractu Private International Law that where the ends ALTERNATIVE ANSWER: Article 17 of the NCC. Afghanistan law governs the formal of justice strongly indicate that the controversy requirements of the contract since the may be more suitably tried elsewhere, then execution is in Afghanistan. Art. 17 of the Civil jurisdiction should be declined and the parties Code provides that the forms and solemnities relegated to relief to be sought in another of contracts, wills,Philippine and other Law public instruments forum. (Moreno. Dictionary, p. b) Where in a broad the of justice shall be governed by sense the laws ofends the country in 254, 1982 ed.). strongly indicate the controversy be which they are that executed. However, may if the more suitably tried elsewhere, then jurisdiction contract was executed before the diplomatic or should be declined and the parties relegated to consular officials of the Republic of the Applicable Laws; Succession; Intestate & relief to in be sought inPhilippine another forum. Philippines Afghanistan, law shall Testamentary (2001) (Handbook on Private International Law, apply. c) FORUM NON CONVENIENS means simply Alex was born a Filipino but was a naturalized Aruego). that a court may imposition upon its Canadian citizen at resist the time of his death on jurisdiction even whenHe jurisdiction is authorized December 25, 1998. left behind a last will by letter in of which a general venue statute. and the testament he bequeathed all his (Salonga. Law. p, 51. properties, Private real andInternational personal, in the Philippines d) non conveniens is a doctrine 1967 ed.) acknowledged to Forum his illegitimate Fillpina whereby court of law having daughter aand nothing to his full twoJurisdiction legitimate over a sons. case The brought in a proper venue or Filipino sons sought the annulment of district declines to determine the case onthat its "Art. 1700. The relations between the last will and testament on the ground merits because Justice wouldlegitimes be better served capital and are not but merely it deprived them of labor their the SUGGESTED ANSWER: by the trial over the case in another contractual. They are so impressed with daughter was able to prove that there were no The daughter should prevail because Article 16 SUGGESTED ANSWER: jurisdiction. (Webster's Dictionary) public interest that labor contracts must compulsory heirs or legitimes under Canadian (2}the a) LONG ARM Code STATUTE is a legislative act of New Civil provides that intestate yield to the common good. Therefore, law. Who should prevail? Why? (5%) which provides for personal jurisdiction, via and testamentary succession be governed such contracts are shall subject to the substituted service law or process, over persons or by thespecial national of the person whose laws on labor unions, collective corporations which consideration. are nonresidents of the succession is under bargaining, strikes and lockouts, closed Applicable Laws; Sucession state and which voluntarily go of into the state, shop, wages, working conditions, hours Aliens (1995) Michelle, the French of Penreich, a directly or by agentdaughter or communicate with ALTERNATIVE ANSWER; of labor and similar subjects." German national, died in Spain leaving real A. When a has a foreign element such persons incontract the state for limited purposes, properties in the Philippines as well as valuable as in the factual setting stated in the problem inactions which concern claims relating to personal properties in Germany. where one of execution the parties is apurposes foreign performance or of those b) Long arm statute refers simply to 1. What law determines who shall succeed corporation, the contract can be sustained as (Black's Law Dictionary, 5th Ed. 1979). authorized substituted service. the deceased? Explain your answer and give valid particularly the stipulation expressing that 2. What law regulates the distribution ofof the its basis. thelegal contract is governed by the laws the Divorce; effect of divorce granted to real properties in the Philippines? Explain your foreign country. Given this generally accepted former Filipinos; Renvoi Doctrine (1997) answer and its legal basis. principle ofgive international law, the contract 3. In What 1977, law Mario governs and Clara, the distribution both Filipino of it the citizens, between Maritess and JAL is valid and should personal were married properties in the in Germany? Philippines. Explain Three your years Applicable Laws; laws governing therefore be enforced. answer later, they and give went itsFilipino legal to the basis. Unitedmarried States her of marriages (1992) In 1989, Maris, a citizen, SUGGESTED ANSWER: America and established their residence in San boss Johnson, an American citizen, in Tokyo in Assuming the estate the according decedent is Francisco, California. In of 1987, the couple a weddingthat ceremony celebrated to being settled in the Philippines) applied for,laws. and were granted, citizenship. Japanese One year U.S. later, Johnson 1. The national law of the decedent (French In 1989,to Mario, claiming toand have been returned his native Nevada, he validly law) shall govern in determining who will abandoned by Clara, was able to secure a obtained in that state an absolute divorce from succeed to his estate. The legal basis is Art. 16 In 1990, Mario returned toNevada, the Philippines and decree of divorce in Reno, U.S.A. his wife Maris. ALTERNATIVE ANSWER: par. 2, Maris NCC. married Juana who knew well Mario's past life.of After received the final judgment French law shall govern the Mario distribution of his (a) Is the marriage between and divorce, she married her childhood sweetheart real properties in the Philippines except when (b) Would thearenvoi doctrine have Juana valid? Pedro, also Filipino citizen, in any a religious the real property is land which may be relevance to the case? ceremony in Cebu City, celebrated according to transmittedANSWER: to a foreigner only by hereditary SUGGESTED the formalities of Philippine law. Pedro later left SUGGESTED ANSWER: succession. (a) Yes, because Phil law recognizes the for the distribution United States and became naturalized 2. The of the real properties in the divorce between Mario and Clara as valid. as an American citizen. Maris followed Pedro to Philippines ANSWER: shall be governed by French law. SUGGESTED the United States, and after a serious quarrel, (b) No, The renvoi is relevant in cases where one The legal basisdoctrine is Art. 16, NCC). country applies the domiciliary theory and the other the SUGGESTED ANSWER: Maris filed a suit and obtained a divorce decree issued by the court in the state of Maryland.

CIVIL CIVIL LAW LAW Answers Answers to tothe the BAR BAR as Arranged Arranged by byTopics Topics(Year (Year 19901990nationality theory, and the issue involved is which of the Definition; forum non-conveniens; long2006) Art. 16 2006) Under par. 1, NCC, real property is subject Maris 3.to Thethen distribution returned ofto the the personal Philippines properties and in a in

laws of be the two countries by should apply to determine shall governed French law. The the legal Germany civil ceremony celebrated in Cebu City order of succession, the amount of successional rights, or, basis is Art. 16, NCC). according to the formalities of Philippine law, the intrinsic validity of testamentary provisions. Such issue she her former is notmarried involved in this case. classmate Vincent

Applicable Laws; Wills a) executed likewise a Filipino citizen. Was the marriage ALTERNATIVE ANSWER: abroad (1993) A, a Filipino, executed a will in Kuwait while Is of Maris and Johnson valid when celebrated? Yes. "Renvoi" which means "referring there as a contract worker. Assume that underis their marriage still validly existing now? back" relevant because here, we are applying U.S. SUGGESTED ANSWER: the laws of Kuwait, it is enough that the testator Reasons. (a) The marriage of Mans and Johnson was law to Mario, being already its citizen, although affix his signature to the presence of two valid when celebrated because all be marriages the formalities of the marriage will be witnesses and that the second will need not solemnized outside the Philippines (Tokyo) in governed by Philippine law under the principle acknowledged before a notary public. May the SUGGESTED ANSWER: accordance with the laws in force in the of lex loci celebrationis. will be probated in the Philippines? Domiciliary theory Yes. Under Articles 815 17vs. of the Civil country where they are and solemnized (Japan), Nationality Theory (2004) Distinguish briefly but clearly between: Code, the formality of the execution of a will is and valid there as such, are also valid in the Their marriage no longer validly subsists, Domiciliary theory and nationality theory of governed by the law of the place of execution. Philippines. SUGGESTED ANSWER: because it has been dissolved the absolute personal law. (5%) If the will was executed with by the formalities DOMICILIARY posits that the personal divorce validly obtained Johnson which prescribed byTHEORY the laws ofby Kuwait and valid status and rights of a person are governed by capacitated Maris towill remarry (Art. 26. Family there as such, the is valid and may be the law of his domicile or the place of his Definition; Cognovit; Borrowing Statute; Code). probated in the Philippines. habitual residence. NATIONALITY Applicable Laws; The laws governingTHEORY, Characterization(1994) on the other hand, postulates that itof is the law marriages (2003) Gene and Jane, Filipino, met and got married in In Private International Law (Conflict of thewhat person's nationality England while both were that taking up such postLaws) is: 1} Cognovit? 2) A governs status and rights there. graduate courses A few years after their borrowing statute? 3) Characterization? Forum Non they Conveniens Lex Loci their graduation, decided & to annul Contractus (2002) Felipe is a Filipino citizen. When he went her to SUGGESTED ANSWER: marriage. Jane filed an action to annul 1) a) COGNOVIT confession of judgment Sydney for he met a on former business marriage tovacation, Gene is in a England the ground of whereby a portion of to the is associate, who proposed him a transaction latters sterility, a ground for complaint annulment of confessed the who denies the which took him to defendant Moscow. Felipe brokered a marriage inby England. The English court decreed rest (Philippine law Coals Dictionary, contract between Sydney Corp. 3rd (Coals), the thereof marriage annulled. Returning to Ed.) the (Ocampo v. Florenciano, L-M 13553, 2/23/50). an Australian firm, and Moscow Energy Corp. Philippines, Gene asked you whether or not he b) COGNOVIT is a "statement of confession" SUGGESTED ANSWER: (Energy), Russian firm, his for former Coals to supply would be a free to marry girlfriend. No, Gene isit not free to to marry former Oftentimes, is referred as ahis "power of coal Energy a monthly basis Whatto would youron legal advice be? 5% for three girlfriend. His marriage to Jane is valid attorney" or simply as a "power", it the years. Both these firms were not doing,is and according to do, the forms and solemnities of written of the debtor and his direction still do authority not business in the Philippines. British law, is valid here (Article 17, 1st par., to the clerk of the district court, or justice of the Felipe shuttled between Sydney and Moscow to NCC). However, since Gene and the Jane are still peace to contract. enter judgment against debtor as close the He also executed in Sydney Filipinos although living in England, the stated therein. (Words and Phrases, vol. 7, pp. a commission contract with Coals and in c) COGNOVIT is marriage a under plea in which dissolution of Energy, their isan stillaction governed by 115-166). Moscow with which contracts he acknowledges that the defendant did Philippine law (Article 15, NCC). by Since, sterility was guaranteed commissions both firms undertake and promise as plaintiff inof its is not one the grounds for annulment a based on of a percentage of the deliveries for the declaration has alleged, and that it cannot marriage under Article 45 of the Family Code, three-year period, payable in Sydney and in ALTERNATIVE ANSWER: deny that it owes unjustly detains the annulment of and Genes marriage tofrom Janethe on Moscow, respectively, deposits in Yes, Gene is sum free claimed to through marry his girlfriend plaintiff the by him in his that ground is not valid in the Philippines accounts that he opened in the two cities. Both because his and marriage was validly annulled be in declaration, consents that judgment (Article 17, NCC) firms paid Felipe his of commission fornot four England. The issue whether or a entered against the they defendant for a certain months, after which stopped paying him. marriage is voidable, including the grounds A. Define or explain the principle of lex d) COGNOVIT is a note authorizing a lawyer for sum. [Words andfrom Phrases, vol. 7, pp. 115-166). Felipe learned contacts, whoplace are therefore, is by law of the loci contractus. (2%) his confession of governed judgment by the defendant. residents ofmarriage Sydney and Moscow, the non two where Define the was solemnized (lex loci B. or explain the rule ofthat forum firms talked (3%) to Hence, each other and decided cut celebrationis). even if sterility isto not a 2) "BORROWING STATUTE" -Laws of the state conveniens him off. He files suit in Manila against both C. Should the Philippine court assume ground to now annul the marriage under the or jurisdiction used by another state in deciding Coals andquestioned Energy forcase? specific performance. jurisdiction over the Explain. (5%) Philippine law, marriage is the nevertheless conflicts involved in choice of SUGGESTED ANSWER: voidable because sterility makes the marriage law (Black's Law Dictionary, 5th ed. 1979). A. LEX LOCI CONTRACTUS be understood voidable under Englishmay law. Therefore, Applicable Laws; Sale of in two senses, as follows: 3) a) "CHARACTERIZATION" is Real otherwise annulment of the marriage in England is called valid Property (1995) While in Afghanistan, a Japanese by the name "classification" or "qualification." It is the in the Philippines. (1) Itsold is the of the place where contracts, of Sato tolaw Ramoncito, a Filipino, a parcel process of assigning a disputed question to its of land wills,situated and other in public the Philippines instruments which are Sato correct legal category (Private International 1. What law governs the formality in the executed and governs their forms and inherited from his Filipino mother. Law, Salonga). (2) It isof the proper law of the contract; e.i., execution the contract sale? Explain your solemnities, pursuant tois thea first b) "CHARACTERIZATION" process in the system ofits law intended govern the answer and give legal basis. paragraph, Article 17 category of the to New Code; determining under what a Civil certain set SUGGESTED ANSWER:including its essential entire or orcontract, of facts rules fall. (Paras, Conflict of Laws, p. 94. requisites, 1984 ed.) indicating the law of the place with which the contract has its closest connection or

the prerogative take custody ofthe Bing. If she the place stipulation where into the question. airline ticket was issued, middle name, her mother's surname. What is Regional Trial Court of Makati, for adoption b) Would your answer be the same if they ALTERNATIVE ANSWER: was at least 18 years old, then she is no longer Naturalization where the passengers are a nationals and not prohibited allowed. After all, the use of of the minor child of her sister, Filipina. Can sought to is adopt Eva's illegitimate b) lex fori should applied because SUGGESTED ANSWER: SUGGESTED ANSWER: under parental authority and neither Carol the nor (2003) Miss Universe, from Finland, to residents and be where the defendant the maternal name as(2%) the middle came name is in the theNo, petition beof, granted? (5%) daughter? Explain. (per dondee) It depends. on Adoption My answer will astill be the same. Paragraph suit is filed in Philippine courts and Eric was Norma can assert the Rules prerogative to take Philippines on tourist visa. While in this airline company maintained its office. accord with Filipino culture and customs and effective 22, 2002 provides the 3(a) of Article 184 in offor the Family Code does not hired ALTERNATIVE inAugust the ANSWER: Philippines. The Philippine custody. However, if she was less than 18 country, she fell love with and a adoption is intended the benefit ofmarried the A. Under the doctrine of lex loci contractus, as following; SEC. 4. Who may adopt . The make any distinction. The provision states that Constitution affords full protection to labor and years old, then Norma has a better right since Filipino doctor. Her tourist visa having been adopted [In re: Adoption of Stephanie Nathy a following general may rule, adopt: the Any law Filipino ofBing the Citizen place where a Astorga an alienGarcia, who after is a No. former Filipino citizen the stipulation to summary dismissal runs adoption byas Norma of terminates the expired and the maximum extension G.R. 148311, March 31, is 1 of legal age, b) The natural mother, Carol, should have the contract is made or entered into governs with qualified to adopt a relative by consanguinity. counter to our fundamental and statutory Rabuya, The Law Persons and Family parental authority of Carol over Bing. allowed therefore, the on Bureau of Immigration 2 right inPrescriptive possession ofthe full civil capacity and the legal 2005; Inter-Country Adoption; Torts; better in lightand of principle that respect to its nature validity, obligation and c) Supposing that they the petition to laws. Relations, p. 613]. and Deportation (BID) is filed presently demanding rights, Formalities (2005) Period (2004) Hans Berber, a in German national, and his In a class suit This for damages, plaintiffs claimed child's welfare is the paramount consideration interpretation. has been said to be the rule adopt Vicky the year 2000, will your that she immediately leave the country but she 3 of good moral character, Filipino wife, Rhoda, are Explain. permanent residents they suffered injuries from the torture during in custody rights. Obviously, Bing's continued even the where contract answer be the same? (2%) 4 though has not place been convicted of any crime was involving refuses to do so, claiming that she is already of a SUGGESTED ANSWER: Canada. They desire so much to adopt Magno, martial law. The suit was filed upon President stay in her adopting parents' house, where made is different moral turpitude;from the place where it is to Filipino Citizen by her marriage to a Filipino Yes, my answer will still be the same. Under SUGGESTED ANSWER: an 8-year old orphaned boy and the a baptismal EMs on exile in HI,and a U.S. The interaction with the call girls is ifstate. inevitable, be performed, and particularly so, the place 5 arrival who is emotionally psychologically citizen. Can the still order deportation Sec. 7(b), Art. III BID of the New Domestic Adoption Yes, the BID can order the deportation of Miss godson of Rhoda. Since accidental death of court in HI awarded plaintiffs the equivalent of would be detrimental to her of moral and spiritual capable of caring for children, of the making and the place performance are of Miss Universe? Explain. 5% Act, an alien who possesses all the qualifications Universe. The marriage ofhe an alien woman to a Magno's parents in 2004, has been staying P100 6 same billion at least under sixteen the U.S. (16) years law on older alien thantort the development. This could be the reason for the (United Airline v. CA, G.R. No. SUGGESTED ANSWER: of a his Filipino who is qualified toafford adopt does national not however, automatically make her a adoptee, with aunt who, could hardly claims. On appeal, EMs Estate the Bing's expressed desire to return to raised her natural 124110, April 20, 2001). B. FORUM NON CONVENIENS means that a Filipino may already adopt provided that his country 7 and who is in a position to support and care Filipino Citizen. She must first prove in an issue of prescription. It argued that to since said mother. It should be noted, however, that Bing to feed her own family. Unfortunately, Hans court has discretionary authority decline for his children in keeping with theyears means of the has diplomatic relations the Philippines, appropriate proceeding she does not to have and Rhoda cannot comethat towith the Philippines U.S. law is silent on the matter, the court is no longer a minor, being 19 of age jurisdiction family. over a cause of action when it is of that he has been living in the Philippines Is there a possibility for them to adopt any disqualification for Philippine citizenship. adopt Magno although they possess all the for at should apply: (1) law setting two-year now.view It is doubtfu1 that a court can still resolve the theHIs action may be a justly and SUGGESTEDthat ANSWER: least three (3) continuous years prior Magno? How should they go about it?to the (Yung Uan Chu v. Republic of the Philippines, qualifications as adoptive parents. limitation tort claims; or (2) the who Philippine thea) question of custody over one is sui effectively adjudicated elsewhere. 2) On on the assumption that Bing is still a SUGGESTED ANSWER: filing of the application for adoption and (5%) 158 SCRA 593 [1988]) . Since Miss Universe is law which appears to require that claims for SUGGESTED ANSWER: juris and otherwise incapacitated. Yes, it is possible for Hans and Rhoda adopt minor or not otherwise incapacitated, Carol may Plaintiffs countered that provisions of the most maintains such residence until thetoadoption still a foreigner, despite her marriage to a C. No, the Philippine courts cannot acquire personal injury arising from martial law be Magno. is Republic Act No. 8043 or the certified Interpetition the proper court the for resolution or ANOTHER SUGGESTED ANSWER: analogous federal statute, decree entered, that he has by doctor, she can be been deported upon jurisdiction over the case of Torture Felipe. Victims Firstly, Filipino brought within one year. No, the Bureau of or Immigration cannot order her Country Adoption Act, allows aliens or Filipinos rescission of the decree of adoption on the Protection Act, should be applied. It sets ten his diplomatic consular office or any of her allowable stay in the Philippines. under the rule of forum non conveniens, the expiry deportation. An alien woman marrying a permanently residing abroad to apply for has interground the for adopting parents have years as that the period prescription. Moreover, appropriate government agency that he the Philippine court is not a convenient forum as all Filipino, native-born or naturalized, becomes country adoption of a Filipino child. The law exposed, or are exposing, the child to corrupt theyincidents argued that equity could toll the statute of legal capacity to adopt in his country, and that the of the case occurred outside the Qualification of Adopter; ipso facto a Filipino if only she not disqualified to however requires that legally free influence, tantamount to giving her corrupting limitations. For it appeared that EM had his government allows the is adoptee to child, enter or his Philippines. Neither are both Coals and Energy be Applicable Law (2001) A German couple filed a petition for adoption of a citizen of the Philippines (Mo Ya Lim v one who has been voluntarily or involuntarily orders or examples. She can also ask for the procured Constitutional granting country as his adopted child. doing business inside theamendments Philippines. Secondly, a minor Filipino child with the Regional Trial Commission of Immigration, 41 SCRA 292 committed to the DSWD or any of its revesting in her of parental authority over himself and those acting his direction the contracts were not under perfected in the [1971]), Court of (Sec Makati under the provisions of that the 4, Naturalization Law). All accredited agencies, may be subject of interBing. If However, is his already 19 years of immunity from suit Bing during tenure. Philippines. Under the principle of lex loci she Child and Youth Welfare Code which allowed In this case, has prescription set in or not? hasadoption. to do is prove in the deportation country The law further requires that age and therefore no longer a minor, it is not ANOTHER ANSWER: contractus, the law of the in place where the proceeding aliens to SUGGESTED adopt. Before the petition could be Considering the herself differences thepetition cited laws, the fact of her marriage and the that aside from possessing all the qualifications, Carol but Bing who can the It depends. If she is disqualified to be a contract is made period shall should apply. be Lastly, the she heard, the Family Code, which repealed the which prescriptive applied: is not disqualified to become a Filipino adoptive parents must come from a country court for judicial rescission of the adoption, Filipino citizen, she may be deported. If she is Philippine court no power to determine the b) Carol filehas an action to deprive Norma of Child and Youth Welfare Code, came into one yearmay under law, two years under Citizen. where the Philippines has diplomatic relations provided she Philippine can show a ground for not disqualified to be a Filipino citizen, she facts surrounding the execution of said parental authority under Article 231 of the effect. Consequently, the Solicitor General filed HIs law, ten years under U.S. federal law, or and that the government maintains a similarly disinheritance of an ascendant. may not be deported. An alien woman who contracts. And if action a proper could Family or even file an for decision the rescission SUGGESTED ANSWER: a motion to dismiss thethat petition, on the ground none ofCode the above? Explain. (5%) accredited agency and adoption is allowed marries a Filipino citizen becomes one. The The US Court will apply US law, law of the be reached, such would have nothe biding effect of the adoption under Article 191 in relation to that the Family Code prohibits aliens from under the national law of the alien. Moreover, it marriage SUGGESTED of ANSWER: Miss Universe to the Filipino doctor Jorum, in determining the was applicable on Coals and as the Code. court not able Article 231 (2)Energy of the Family adopting. If youshown were the judge, how will for you Nationality must be further that all possibilities to dismiss the petition did motion not automatically make herfor a adoption Filipino Qualification of Hans and Rhoda have to file an application to prescriptive period. While US law parents is silent on The to acquire jurisdiction over the said rule on the motion? (5%) Theory (2004) PH and LV are HK Chinese. Their are a domestic adoption have been exhausted and should be denied. The law that should govern citizen. She still has to prove that she is not Adopter (2005) In 1984, Eva, a Filipina, went to work as a nurse adopt Magno, either with the Regional Trial this matter,citizens the US Court not While apply corporations. (Manila Hotel Corp. v. NLRC. 343 now Filipino who live inwill Manila. the inter-country adoption is at best for the Theory; significant the action is the law in force the time of filing disqualified to become a citizen. in the USA. There, she met and fell in love with Court having jurisdiction over Magno or with the Philippine law in determining the prescriptive SCRA 1, 1314[2000]) still students in MNS State, they got married interest of theAdoption child. relationships theory (1994) Able, a petition. corporation but, of the At domiciled that time,in itState was A, the Child Paul, anIt American citizen, and they got married Inter-Country Board in Canada. Hans period. is generally affirmed as a principle in although they are first cousins. It appears that doing business in the Philippines, hired Eric, for a Youth Welfare Code thatawas in effect, not in 1985. Eva acquired American citizenship Rhoda will then undergo trial custody private international law thatfirst procedural law in is and both in HK and in MNS State cousins could Filipino engineer, for its project in State B. In the Family Code. Petitioners have already 1987. During their sojourn inthe the application Philippines in six (6) months from the time of placement. It is one of the exceptions to of marry legally. the contract of employment executed by the acquired a vested right on their qualification to 1990, they filed a joint petition for the adoption only after the lapse of the trial custody that the foreign law by the forum. Since prescription is a They plan to reside and set up business in the parties in State B, it was stipulated that the adopt which cannot be taken away by the of Vicky, a procedural 7-year old daughter of in Eva's sister. decree of adoption can be issued. matter of law Philippine Philippines. But they haveeven been informed, 205 SCRA 356) contract could be terminated the company's Parental Authority; Rescission of Code. (Republic v. at Miller G.R. No. The government, the of the Family jurisprudence, v. POEA/ JVLRC/Broum however, that (Codaltn the through marriage of Office first cousins ALTERNATIVE ANSWER: will, which stipulation is allowed in State B. Adoption (1994) In 1975, Carol begot a daughter Bing, out of 125932, April 21, 1999, citing Republic v. Court Solicitor General, opposed the petition on the and International, 238 SCRA 721 [1994]), The motion has to be granted. The new law hereRoot is 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 of Appeals, ground that the petitioners, being both the US of Court willpolicy. apply They either HI in or a Federal law shall govern their qualification to adopt and reason public are dilemma. he sued Able for damages in the Philippines. gave consent for Bing's adoption by is tenable? Explain. (2%) foreigners, are disqualified to adopt Vicky. in determining the applicable prescriptive underher the new law, the legal German couple They dont ANSWER: want to break Philippine law, much SUGGESTED ANSWER: SUGGESTED Will the Philippine court apply the contractual Norma and Manuel, which was granted by the period and not Philippine law. The Restatement disqualified They cannot claim a) Using from the adopting. "SIGNIFICANT RELATIONSHIPS less their marriage vow. They seek your advice The government's position is untenable. Under stipulation? court in ", 1990. In 1991, Carol learned that right of law affirms this THEORY that they have there already are contacts acquired significant a vested to the onAmerican whether3, their civil184 status will Family be adversely paragraph Article ofprinciple. the Code, Norma and Manuel were engaged in a call-girlSUGGESTED ANSWER: because adoption is not a right but a mere Philippines. Among these are that the place of affected by Philippine domestic law? What is an alien, as a general rule cannot adopt. Adoption; Use of Surname of her My advise is as follows: The civil status of' PH and LV will ring that catered to tourists. Some of right theemployee girls [Note: If the examinee based his answer on the business privilege. No is one the acquires Philippines, a vested the on a your advice? (5%) not be adversely affected by Philippine law because they However, an alien who is a former Filipino Natural Mother (2006) May an illegitimate child, upon adoption by her lived with Norma and Manuel. Carol got Bing current law, 8552, his answer should be in privilege. concerned is RA a Filipino and the suit was filed are nationals ofwho Hong seeks Kong and not Filipino citizen and to adopt acitizens.Being relative by natural father, use the surname of her natural considered correct. This question is based on the back, who in the first place wanted to return to foreigners, their status, conditions and legal capacity in the the Philippines, thereby justifying the application consanguinity is qualified to of adopt, (par. 3[a], repealed provision of the Family Code on Adoption.] mother as the middle name? (2.5%) her natural mother. 1) Who has a better right Philippines are governed by the law Hong Kong, the SUGGESTED ANSWER: Yes, an of Philippine law. In the American Airlines case In the given problem, Eva, aillegitimate naturalizedchild, Art. 184, Family Code) Qualifications of to the custody of that Bing, when Carol or Norma? 2) upon adoption bywould her natural can use the Court held what is involved is American citizen like tofather, adopt Vicky, a 7Adopter (2000) Aside from taking physical custody of Bing, the surname of her PARAMOUNT STATE INTEREST such as the year old daughter of her what legal actions can Carol take to protect Bing?

CIVIL CIVIL LAW LAW Answers Answers to tothe the BAR BAR as Arranged Arranged by byTopics Topics(Year (Year 19901990SUGGESTED ANSWER: 2006) 2006) protection Sometime where of in the the 1990, main rights Sarah, of elements Filipino born a laborers, Filipino of thebut the contract court country naturalThus, sister. mother of which under as they her theare middle above-cited citizens. name. Since provision, The their Court has 1) a) It on whether or not Bing valid under Hong Kong law, it shall be valid and respected disregard illustrated choice by Zalamea of forum v. and Court choice of Appeals of was law. that there is no law prohibiting an illegitimate can by then converge. a depends naturalized As American citizen, and her marriage ruled Eva is qualified is to adopt Vicky. in the Philippines. at least years at the Carol asserts Therefore (228 18 SCRA the Philippine 23 old [1993]) Court , ittime is should the law not of apply child adopted by her natural father to use, as American husband Tom, filed a petition in the

ADOPTION

1) No, the Motion to Dismiss should not be Divorce (1991) A. does thethat 1987 Constitution has held How in several cases when husband granted. Article 236 of the Family Code as strengthen the family to asadopt an Institution? and wife are required jointly, each one amended by Republic Act 6809, provides in the B. them Do the Constitutional policy on family of must be qualified to adopt inthe his or her third paragraph that "nothing in this Code shall and right the (Republic provision that marriage is 9 the own v. Toledano, 233 SCRA be construed to derogate from the duty or foundation of the the family and shall be protected (1994). However, American husband must responsibility of parents and guardians for by the State barrequirements Congress from comply with the of enacting 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 (3) A. Sec,Otherwise, 2, Article II of adoption the Constitution age mentioned in the second and third years. the will not provides be that: The State recognizes the sanctity of Successional Rights of paragraphs of Article 2180 of the Civil Code". allowed. family lifecouple, and shall protect and strengthen the Adopted Child (2004) A Filipino Mr. and Mrs. BM, Jr., decided 2) The liability of Julio's parents to Jake's family as a basic autonomous social institution. to adopt YV, an orphan from St. Claires parents arises from quasi-delict (Arts. 2176 and a) P50,000.00 the death of specifically the It shall equally protect the life of loved the mother orphanage in New York City. They and 2180 Civil Code) for and shall cover b) such amount as would correspond to lost earning son; and the her life like of the unborn from conception. The treated a legitimate child for they have the following: capacity; and natural right and duty ofJr., parents none of and theirprimary very own. However, BM, died c) moral damages. in an the rearing at of sea, the followed youth for civic efficiency accident to the grave a and development of moral shall year the later by his sick father, BM, character Sr. Each left a Family Code; Retroactive Application; Section I, Article XV, further provides that: The receive the support of the Government. sizable estate consisting of bank deposits, Vested (2000) On April Rights 15, 1980, Rene and Angelina were State recognizes Filipino family as the lands and buildingsthe in Manila. May the adopted The requirement of a 16-year difference married to each other without a marriage foundation of the nation. Accordingly, it shall child, YV, inherit from BM, Jr.? May she also between In the age of the adopter a and adoptee settlement. 1985, they acquired parcel of SUGGESTED ANSWER: strengthen its solidarity and actively promote inherit from BM, Sr.? Is there a difference? may be waived when the adopter is the The Committee recommends that YV total can (Note: inherit from BM, Jr. The succession to a land in Quezon City. On June 1, 1990, when its development. Why? Explain. (5%) citation of either one of the provisions be biological parent adoptee or is the the spouse the estate of BM, Jr. is governed by Philippine Angelina was away of inthe Baguio, Rene sold SUGGESTED ANSWER: credited as a complete answer). SUGGESTED ANSWER: of the adoptees parent; law because he was a Filipino when he died said lot to Marcelo. Is the sale void or voidable? possessing the same qualifications B, No, the Constitutional policy, as well as the TheAny saleAlien is void. Since the sale was executed as (Article 16, Civil Code). Under Article 1039 of (2%) above-stated for Filipino nationals: Provided, a) 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 That his country has diplomatic relations with 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 the divorce. The Constitution only meant to help conjugal property by a spouse without the b) that he has been living in the Philippines decedent and not by the national law of the ALTERNATIVE ANSWER: the marriage endure, to "strengthen its for atof least three continuous years prior to consent the other (3) is void. heir. Hence, whether or not YV can inherit from ALTERNATIVE ANSWER: Thethe salefiling is voidable. provisions of the and solidarity and actively promote its total of the The petition for adoption BM, Jr. is determined by Philippine law. Under B. Yes. Congress is barred from enacting a law Family Code may retroactively but only if development." maintains suchapply residence until the adoption Philippine law, the adopted inherits from the allowing divorce, since Section 2 of Article XV c) that he been certified by his such application will has not impair vested rights. decree is entered, YV, however, cannot inherit, in his own right, adopter as a legitimate child of the adopter. 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., because agency their to have the legal capacity social institution, is the foundation of the family the government law that governed property relations he is not a legal heir of BM, Sr. The legal fiction d) and that his government allows the to adopt in his country, and shall be protected by the State." Since wasadoptee the New Civil Code. Under the NCC, as of adoption exists only between the adopted to enter his country as his adopted marriage is "Inviolable", it cannot be dissolved interpreted by the Supreme Court in Heirs of and the adopter. (Teotico v. Del Val 13 SCRA child. by an absolute divorce. Felipe v. Aldon, 100That SCRA 628 and reiterated Provided, further, the requirements on 406 [1965]). Annulment; Neither may he inherit from BM, Marriage; Effects; Requisites in Heirs of Ayuste v. Malabonga, G.R No, residency and certification of the aliens Sr. by representing BM, Jr. because in Before Remarriage (1990) 118784, 2 September 1999 , the salemay executed qualification to adopt in his country be representation, the representative must be The marriage of H and W was annulled by a the by the husband without the the wife waived for the following: a)consent a former of Filipino legal heir not only of the person he is competent court. Upon finality of the judgment within the fourth (4th) degree of consanguinity citizen who seeks to adopt a already relative acquired is voidable. The husband has representing but also of the decedent from or affinity; or b) one who seeks to adopt the of nullity. H began looking for his prospective a vested right on the voidable nature of whom the represented was supposed to inherit legitimate child of his Filipino spouse; or second mate. He fell in love with a sexy dispositions made without the consent of the (Article 973, Civil Code). Family Home; Dwelling woman S who wanted to be married as soon as wife. Article 124 of theto Family Code c)Hence, one who is married a Filipino citizen House (1994) In 1991, Victor established judicially out of possible, i.e., after a few months of courtship. which makes sale void does not apply. and seeks the to adopt jointly with his spouse a (a) How soon can H you be joined in lawful wedlock conjugal property, a family home in Manila As a young lawyer, were consulted by H, Emancipation relative within the fourth (4th) degree of to his girlfriend S? Under existing laws, are worth P200.000.00 and extrajudicially a second (1993) Julio and Lea, both 18 years old, were consanguinity or affinity of the Filipino spouse. there certain requisites that must be complied family home in Tagaytay worth P50.000.00. sweethearts. At a party at the house of a with before he can remarry? What advice Victor leased the family home in Manila to a Qualifications of mutual friend. Lea met Jake, also 18 from yearsthe old, (b) Suppose that children were born would you give H? foreigner. Victor his family transferred Adopter Lina, a (2003) formerand Filipina who became toan who showed interest in her. Lea seemed to union of H and W, what would be the status of another house of his in Pasig. two American citizen shortly afterCan herthe marriage to entertain Jake Explain because she answer. danced with him said children? your family homes husband, be the subject of like execution on a an American would to adopt in many times. In a fit of jealousy, Julioof shot (c) If the subsequent marriage H Jake to S judgment against Victor's wife non-payment the Philippines, jointly with her for husband, one of with contracted his father'sbefore 38 caliber revolverwith which, SUGGESTED ANSWER: was compliance the of the purchase in 1992 of household her minor brothers. Assuming that all the the before going to the for party was able toare getthe The two (2) so-called family homes can be statutory condition its he validity, what appliances? required consents have been obtained, could from the unlocked drawer inside his father's subject of execution. Neither of the abodes are rights of the children of the first marriage (i.e., SUGGESTED ANSWER: joint the contemplated adoption in the bedroom. Jake died as a result of considered family homes because for purposes Yes, Lina and her American husband can jointly adopt a of H and W) and of the children ofthe thelone Philippine prosper? Explain. minor brother of Lina because she and her husband are gunshot wound he sustained. His parents sued of availing the benefits under the Family Code, subsequent marriage (of H and S)? both qualified to adopt. Lina, as a formerhome Filipino which citizen, is Julio's parents for damages arising from quasithere can only be one (1) family can adopt her minor brother under Sec. 7(b)(i) of RA 8552 delict. At the time of the incident, Julio was 18 defined as the "dwelling house" where the (Domestic Adoption Act of 1998), or under Art. 184 (3)(1) years old living with his parents. Julio's parents husband and the wife and their family actually of the Family Code. The alien husband can now adopt moved to dismiss the complaint against them "reside" and the land on which it is situated. claiming that since Julio wasPage already (Arts. 152 and 161, Family Code) 23of of 119 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:

CIVIL LAW Answers to the BAR as Arranged by Topics (Year 1990Family; Constitutional Mandates; 2006) under Sec. 7(b) of RA8552. The Supreme Court

FAMILY CODE

marriage, the conclusion is citizen, that Digna's father may ALTERNATIVE ANSWER: 2006) 2006) children's drug addict. presumptive Efforts have legitimes him rehabilitated which should were the sexually-transmissible In Flor be 1989, and Virgillo Maris, awere Filipino married disease, to found married each to other be her serious in boss and a) Discuss the to effect of the divorce revoke the incurable. donation and get back thein car. Eva may file action for legal separation in unsuccessful. the appropriate Can Baby civil ask registry for annulment and registries ofon an appears of American Two in1984, Tokyo (2) years awas after wedding their a recorded Johnson, Roxas City in citizen, 198O. In Flor offered obtained byan Sonny and Lulu in Canada. the grounds of sexual infidelity of her husband SUGGESTED ANSWER: should be H so advised. property. marriage, or legal separation? Explain. ceremony celebrated according toOctober Japanese In marriage,Job which took place on she 10 teaching in Canada, which accepted. (2%) The divorce is not valid. Philippine law does and the contracting by her husband of not a Marriage; Grounds; Declaration of to Nullity: ALTERNATIVE ANSWER: for (a) laws. 1988,One Bethel year discovered later, that her returned husband his 1989, she applied for Johnson and was granted provide for absolute divorce. Philippine courts SUGGESTED ANSWER: bigamous marriage abroad. The following are the requisites prescribed by law native Annulment: and Legal Separation: Separation Nevada, and he validly obtained inshe that James has a sexually-transmissible disease Canadian citizenship. The following year, No, She Baby may cannot remarry. While for annulment a strict interpretation of her cannot grant A marriage between two (2) advice to H it. is ask to comply with them, I of Property (2003) Which of the following remedies, i.e., (a) state which an he absolute contracted divorce even from prior to their wife Maris. sued for divorce from Virgilio inhis a Canadian marriage of Article or for 26 legal of separation Family because Code both would After Filipinos cannot be the dissolved by a marriage divorce 1) If either spouse contracted the namely: declaration of nullity ofnot marriage, (b) Maris received theserved final judgment of marriage although James did know it court. After Virgilio was with summons, these capacitate a his had Filipino already spouse prescribed. to remarry only obtained abroad. (Garcia v. of Redo, G.R. No. in badactions faith, or her share the net profits annulment of marriage, (c) legal separation, divorce, himself until she married he was examined her childhood two [2) sweetheart years the Canadian court tried the case and decreed While concealment drug addiction at when the other spouse was a foreigner at the 138322, October 2, of 2001) . Philippine laws apply of the community property : orexisting conjugal and/or (d) a separation of in property, can aan Pedro, also aShortly Filipino citizen, a religious later when child was already born to them. the divorce. thereafter, Flor married the time of marriage constitutes fraud under ANSWER: time of the marriage, the DOJ has issued an SUGGESTED to Sonny and Lulu. Under Article 15 of the New partnership property shall be forfeited in favor aggrieved spouse avail himself/herself ofceremony Bethel sues in James Cebu City, for annulment celebrated ofaccording their to Canadian. Can Virgilio marry again in the No, Virgilio cannot validly remarry. Hismarriage case is Art. 46 of the FC children which the marriage opinion (Opinion 134 s.makes of 1993) that the none, same Civil Code, laws relating to family rights and (i) formalities If the wife discovers after the of the common or, if there are the ofopposes Philippine law. Pedro later marriage. James the annulment on left Philippines? Explain. covered by Article 26 of the Family Code, voidable under 45 ofcured the FC, the action B. Suppose that both parties at the time of he injustice sought to guilty be by Article 26 is not (ii) If husband the wife goes (to) abroad to that work as duties, status, and capacity of persons are that her has AIDS. the children of Art. the spouse by a previous for the the ground United that States he did and not became even know naturalized said Article to besimilarly applicable, the after spouse must, however, be brought within 5the years from their marriage were afflicted with present in the of of spouses who were both For a nurse and refuses to come home the binding upon citizens of the Philippines marriage or, in case default children, innocent as an American citizen. Maris followed Pedro to had such a disease so that there was no fraud who filed for divorce must be contract a foreigner at the the thereof under Article 47(3), FC, 2) discovery Donations by be. reason ofthe marriage shall sexually-transmissible diseases, serious and Filipino atthey the time of the marriage but one expiration of there. wherever may Thus, marriage of spouse; the or bad United faith States, onher his three-year and part. after Decide. a serious quarrel, b) Explain the status of subsisting. the marriage the marriage. Since both of them were Since the drug addiction of Bert was discovered remain valid except that if the donee (iii) of If and the husband discovers after the incurable, both knew of their respective became an alien subsequently. Said injustice is time Sonny and Lulu is still valid and Marts filed a suit and obtained a divorce decree between Sonny and Auring. (2%) Filipinos at the time of the marriage, the by Baby in June 1989, the action had already contracted the marriage in bad faith, to such marriage that his wife has been a prostitute infirmities, can Bethel or James sue for the anomaly of Eva remaining married her issued by the court in the state of Maryland. SUGGESTED ANSWER: SUGGESTED ANSWER: divorce obtained by Flor didanot capacitate (iv) If the husband has serious affair with prescribed in June of 1994. Although drug donations made said donee are revoked by before they married. annulment ofgot their marriage? husband who isto no longer married to Lulu her. Maris then returned to the Philippines and in a Since the decree of divorce obtained by A. The marriage can be annulled, because 3) The spouse who contracted the Virgilio to remarry. The fact that Flor was his secretary and refuses to stop addiction is a ground for legal separation under operation of law; Hence, said Opinion makes Article 26 civil ceremony celebrated in Cebu City and Sony in Canada is not recognized here in good faith is not a defense when the ground subsequent in bad faith shall already an alien at the time she obtained theis notwithstanding advice from relatives and Art. 55(5) and Art. 57 of the FC divorce requires that be applicable to marriage her case and the obtained according to the formalities of Philippine law, the Philippines, the marriage between Sonny ALTERNATIVE ANSWERS: based upon sexually-transmissible disease on (v) If thenot husband beats up wife every disqualified to inherit from the innocent spouse divorce does give Virgilio thehis capacity to friends. the action be brought within 5 years from abroad by must her former Filipino husband would a) Yes, Virgilio can validly remarry. Art. 26 of she married her former classmate Vincent SUGGESTED ANSWER: and Auring is void. (Art. 35, Family Code) Any the part of either party. 4) If both spouses of the subsequent time heunder comes home drunk. by testate and intestate succession; Philippine Law.5% the occurrence of to the remarry. cause. Since had capacitate her To Bert contract a remarry B. Yes, marriage can bespouse annulled the FC, the merely States thestill alien without likewise a Filipino citizen. b) Was the marriage marriage subsequently contracted during the marriage acted in from badall faith all donations been a drug addict the time of theto do by subsequent marriage, she needs is because the fact that both of them are taking into consideration his or her nationality of Maris and Pedro valid when celebrated? Is Marriage; Donations by Reason of lifetime of the first spouse shall be illegal and reason ofof marriage and testamentary celebration the marriage, the action for legal present to the civil registrar the decree of at afflicted with sexually-transmissible diseases the time of the marriage. While his case is their marriage still valid existing now? Reasons. Marriage; Effect of Declaration of Nullity void, subject only to the exception in the cases dispositions made by one in favor of the other separation must have been brought not later divorce when she applies for a marriage license Alternative Answer: v. Bayadog, G.R. No. 133778, March 14, 2000) does not efface or nullity the ground. Marriage; Annulment; not covered by the letter of Article 26 FC, it is, c) Was the marriage of Marts and Vincent valid (1996) 1) On the occasion of Digna's marriage to of absence or where the prior marriage was 5) revoked The judgment of of the are by operation of annulment law. than 23 December 1993. Hence, Baby cannot, B. No,celebrated? thecovered marriage can no longer be annulled, under Article 13 of the Family Code. The marriage of Sonny and Auring does not fall however, by the spirit of said Article, Proper Party (1990) when Is their marriage still validly D and G, age 20 and 19, respectively, and both George, her father gave her a donation propter dissolved or annulled. (Ninal marriage, the distribution now, bring the partition action forand legal separation.of the because the to fact that both were within the the injustice the Filipino spouse sought to be existing now? Reasons. d) At thisafflicted point in and time, single, eloped and got married to each other of nuptias of exception. a car. Subsequently, the marriage properties of the spouses, and the delivery that both knew of their respective infirmities c) Explain the status of the marriage cured said Article is present in this case. who isby SUGGESTED the lawful ANSWER: husband of Marts? Reasons. without parental consent in the case of shall G, a be was because of the psychological the annulled children's presumptive legitimes constitutes a of waiver of Opinion that ground. between Lulu and (2%) (b) The marriage of Maris and Pedro was valid (Department Justice No. 134 Series teenaged student of Tirso. an exclusive immaturity of George. May Digna's father forand recorded in the appropriate civilcollege registry Marriage; Annulment; Judicial SUGGESTED ANSWER: b) Although the marriage originally involved when celebrated because the divorce validly of 1993). girls. Three years later, her parents wanted to 44. Family Code). revoke the and get back the car? void. registers ofdonation property, (Articles 53. 52, 43. Declaration (1993) The marriage of Lulu and Tirso is also Maria and Luis, both Filipinos, were married by Filipino citizens, it eventually a SUGGESTED ANSWER: obtained by Johnson in Manilabecame capacitated seek judicial annulment on that ground. You Explain. Mere absence of the spouse does not give rise a Catholic priest in Lourdes Church, Quezon No, Digna's father may not revoke the donation 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 to of remarry. City in 1976, Luis was drunk on the day of the his because Digna was not in spouse bad faith, applying SUGGESTED ANSWER: Flor a Canadian citizen. Thus, the (b) The children born from the union H and and became Pedro is still validly existing, because proper complaint. What advice would you give 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 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 bigamous only where a spouse after the ceremony. Luis never Article 45 of the Family Code, and no longer spouse married to[Art. a After Filipino. Although nothing born before themarriage decree of annulment of the Maryland divorce 26,marriage, Family Code). a) the donation is revocable. Since the has been absent for four years had a steady job because he was drunk of theYes, parents because G 45 is already years of (c) The marriage of Maris and Vincent void ab is said about whether such divorce didis most marriage (under Art. of consecutive the 22 Family Code) ground for the annulment of and the marriage is before the second marriage the present the time. Finally, he not get employed age. become initio because is a could bigamous marriage capacitate Floritto remarry, that fact may as at has final and executory (Art. 54, G.R. No. had 94053, 17, 1993) the psychological immaturity of George, Marriage; Annulment; spouse a March well-founded belief that the the all because of drunkenness. Hence, it was Maria contracted by Maris during the subsistence of well be assumed since the problem states that Family Code}. judgment was inis the nature of a declaration Proper Party (1995) Yvette was found toalready be positive for HIV virus, of SUGGESTED ANSWER: absent spouse dead. (Republic v. who had to earn a living to support herself and her marriage Pedro shortly (Art 25 after and 41, Family she married awith Canadian obtaining d) the respective filiation of (c) nullity TheExplain under children Art. of 36 the of first the marriage FC and, shall therefore, be considered sexually transmissible, serious and Nolasco, her child begotten with Luis. In 1986, Maria Code). The marriage of Maris and Vincent does 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( or1) incurable. Her boyfriend Joseph aware of filed a petition in the church matrimonial court not validly exist because Article 26 does not under Philippine law, pursuant to Art. 26. FC SUGGESTED ANSWER: Marriage; Divorce Decrees; Filipino born of the before FC for the the Judgment reason that of annulment the the has her condition and yet married her.marriage After of two (2) in Quezon City to not annul her was marriage with apply. Pedro was a Flor foreigner at the time of which applies because already anLuis James, John and Verna are illegitimate children ALTERNATIVE ANSWER: Spouses becoming Alien (1999) marriage been of H and declared W has void become ab initio. final years judicially of cohabiting with Yvette, and in and his on the ground of psychological incapacity to his marriage with marts and the divorce abroad alien at the time of the divorce. since b) No, their the donation parentscannot are not be revoked. validly married. The law Ben andwith Eva his were both Filipino at the executory. Children conceived born ofable the to belief that she would probably or never be comply marital obligation. Her petition (in Maryland) was initiated and citizens obtained not by Under Article of the Family Code, children provides that 165 a donation by reason of marriage time of their marriage in 1967, When their subsequent marriage shall likewise be bear him a healthy child, Joseph now wants to was granted by the church matrimonial court. the alien spouse, but by the Filipino spouse. conceived may be revoked and born by the outside donor a if valid among marriage other marriage turned sour, Ben went to a capacitate small legitimate even if the marriage of H and Yvette S be have his marriage with Yvette annulled. 1) Can Maria now getdivorce married legally to another Hence, the Maryland did not are illegitimate, unless otherwise provided in cases, the marriage is judicially declared void country in Europe, got himself naturalized null and void for failure to comply with the opposes the suit contending that Joseph is man under Philippine laws after her marriage to Marts to marry Vincent. this initio ab Code. [par. (1) Art. 86. Family Code], or there, and then divorced Eva in (d) At this point in by time, Pedro isaccordance still the lawful requisites of Article 52 of the Family estopped from seeking annulment ofCode their Luis was annulled the church matrimonial SUGGESTED ANSWER: e) Who are the heirs of Sonny? Explain. when marriage is annulled and the donee a) the To bear the surnames of their father husband with the law of Maris of that country, their Later, valid he returned (Article 53, Family Code). As legitimate marriage since he answer: knew even before court? Explain. 2)because What must Maria do to 1) No, Maria cannot validly contract amarriage (2%) Suggested acted in the badmother faith [par. (3), Id.]. Since and in conformity with the to the Philippines with his new wife. Eva now has not been dissolved by any valid cause children, they have the following rights; marriage that she was afflicted with HIV virus. enable her to get married lawfully to another Sonny's heirs include James, John, and Lulu. subsequent marriage without a court problem SUGGESTED states ANSWER: that the marriage was annulled provisions of Civil Code on Surnames; (Art. wants to Family know what Code) action actions she can Can the action ofthe Joseph for annulment of his man 26. under Philippine laws? Article 887 of the Civil Code provides that the of nullity of the or first marriage. The No, Joseph knew that Yvette was HIV positive and there is no intimation of bad faith on the b) To receive support from their declaration Marriage; Divorce Decrees; Filiation file against Ben. She also wants to know if she marriage with Yvette prosper? Discuss fully. ALTERNATIVE ANSWER: compulsory heirs of the the deceased are among law does not recognize the church declaration at the time of the marriage. He is, therefore, SUGGESTED ANSWER: part of the donee Digna, conclusion is that parents, their ascendants, and in proper of 1985, Children (2005) In Sonny andagain. Lulu, both Filipino c) Yes, the donation can be revoked. The ground used in can likewise marry What advicecitizens, can you others, his widow and his illegitimate children. of nullity of a marriage. that Art. 26(2nd par.) not an injured party. The FC gives right to in Considering the donor cannot revoke donation. cases, their brothers and the sisters, dissolving the marriage was thethe psychological immaturity were married in the Philippines. In 1987, they give her? {5%) 2) To enable a Maria to get married lawfully to The widow referred to inprovisions Article 887 is the Code legal contemplates divorce between a foreigner annul the marriage to an injured party. of George, which iswith not aonly ground for annulment of conformity the of this separated, and Sonny went to Canada, where another man. she must obtain a judicial ALTERNATIVE ANSWER: marriage. If this term is equated with psychological wife of the deceased. Lulu is still a compulsory a Filipino, who had such respective [Art. c) 47 (5), To FC] be entitled to the legitime and and on Support; and he obtained a divorce in the same year. He incapacity as used in Art. 36 of the Family Code, then it is Theother action for because annulment can prosper because declaration of nullity of the prior marriage heir of Sonny the divorce obtained by nationalities at the time of their marriage, successional rights granted to them then married another Filipina, Auring, in the a ground for declaration of nullity of the marriage. SUGGESTED ANSWER: the by prescriptive period of five (5) years has not under Article 36 Family Code. Sonny in Canada cannot be recognized in the divorce in Europe will not capacitate the the Civil (Article 174, Code). Consequently, par. Code (1) of Art. 86, FC, is theFamily applicable law. Canada oneither January 1,1988. They had two sons, (a) H, or spouse for that matter, can Marriage; Annulment; Legal Separation; yet lapsed. [Art. 45 (6), FC]. Philippines. of each illegitimate Filipino wife to remarry. The advice we can give Since Art. 86 of The the FClegitime makes no qualification as to who James and John. In 1990, after failing to hear marry again after complying with the Prescription of Actions (1996) furnished the consist groundAnnulment; orof who was in bad connection child shall one-half of faith the in legitime of Marriage; her isSonny, either to file a petition for by legal from Lulu married Tirso, whom she provisions of Article 52 of the Family Code, Marriage; Divorce Decrees; Filipino Divorce Decree; Void 2) Bert and Baby were married to each other with the nullification of a legitimate child. (Art. 176, Family Code) Grounds One of the(1991) grounds for annulment of marriage separation, on the ground of sexual infidelity had a daughter, Verna. In 1991, visited namely, there must be a Sonny partition and Spouses becoming (1996) Marriages (1992) on December 23, 1988. Six months later, she is that either party, atAlien the time of their and of contracting a bigamous marriage the Philippines where he succumbed to heart distribution, of the properties of the spouses, discovered that he was a marriage was afflicted with a abroad, or to file a petition to dissolve the attack.. and the delivery of the conjugal partnership or absolute community of property as the case maybe.

CIVIL CIVIL LAW LAW Answers Answers to tothe the BAR BAR as Arranged Arranged by byTopics Topics(Year (Year 19901990-

separation of property for failure 2006) of the husband to comply with his marital duty of mutual respect (Article 135 (4), Article 101, FC). She may also file an action for declaration of nullity of the marriage if the husbands behavior constitute psychological incapacity existing at the time of the Marriage; Nullity; Annulment; celebration Grounds; of marriage. Legal Separation (1997) Under what conditions, respectively, may drug addiction be a ground, if at all, (a) for a (b) for an annulment the marriage contract, declaration of nullity of marriage, and (c) for legal separation between the SUGGESTED spouses? ANSWER: (a) Declaration of nullity of 1) The drug addiction must amount to marriage: psychological incapacity to comply with the essential obligations of marriage; 2) It must be antecedent (existing at the time of marriage), grave and incurable: 3) The case must be filed before August 1, 1998. Because if they got married before August 3, 1998, it must be filed before August 1, 1998. (b) Annulment of the Marriage Contract: 1) The drug addiction must be concealed; 2) It must exist at the time of marriage; 3) There should be no cohabitation with full knowledge of the drug addiction; 4) The case is filed within five (5) years from discovery. (c) Legal Separation; 1) There should be no condonation or consent to the drug addiction; 2) The action must be filed within five (5) years from the occurrence of the cause.

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

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 (ii) the wife toof come home for three theIf disease atrefuses the 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 (iii) If the husband discovers after marriage (Article 101, FC). The intention notthe to return that his wife was a prostitute before got cannot be presumed during the 30yearthey period married, he has no remedy. No of her contract. 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 (v) The (Article wife may file an 101, action for legal fidelity 135 (4), FC). separation on the ground of repeated physical violence on her person (Article 55 (1), FC). She may also file an action for judicial

CIVIL CIVIL LAW LAW Answers Answers to tothe the BAR BAR as Arranged Arranged by byTopics Topics(Year (Year 19901990ALTERNATIVE Marriage; Psychological 2006) 2006) the (d) Failure court of shall theuphold solemnizing the validity officer to and file sanctity the Saudi the ofpreceding Arabia ANSWER: to Article, work. There, only the after properties being acquired by of them are necessarily psychologically of the parties through their Ariel actualmarried joint contribution of Incapacity (2006) Gemma filed a petition for the declaration of 18, None marriage affidavit of marriage did not affect the validity both (Brown v. Yambao, G.R. No. L-10699, October converted into Islam, Mystica, money, property, or industry shall be owned by them in incapacitated. Being a nagger, etc. are at best 1957). nullity her marriage Arnell onirregularity the of the of marriage. It iswith merely an Rosa learned of the second marriage of Ariel
common in proportion to their respective contributions. In only physical manifestations indicative of to the Marriage; Non-Bigamous groundmay of psychological She alleged which subject the incapacity. solemnizing officer to on absence, January 1,proof 1992 Ariel returned the of to when the contrary, their contributions psychological incapacity. More showing ALTERNATIVE ANSWER: Marriages (2006) Marvin, a Filipino, and an American, that after 2 months of Shelley, their marriage, Arnell sanctions. and Philippines corresponding with shares Mystica. are presumed Rosathan filed to just be an equal. action The Considering that the solemnizing officer has no the manifestations of incapacity, the petitioner both residents of California, decided to get same rule and presumption shall apply to joint deposits showed signs of disinterest in her, neglected for legal separation on February 5, 1994, 1) of moneyshow and evidences of credit. that the respondent authority perform the marriage because must married in to their local parish. Two years after her and went abroad. He returned to the Does Rosa have legal grounds is toincapacitated ask for legal to comply with the essential marital obligations under Art. 7 the law authorizes only the SUGGESTED ANSWER: their marriage, Shelley obtained a divorce in in Philippines after 3 years but did not even get separation? 2) Has the action prescribed? of 1) a) Yes,and the that abandonment of Rosa by Ariel for marriage it is also essential that he must airplane chief, the marriage is void, hence, a, c, California. in Boracay, Marvin met Manel, touch with While her. Worse, they met several times be shown to be incapable of doing so due to some more than one (1) year is a ground for legal SUGGESTED ANSWER: (Republic v. Quintero-Hamano, G.R. No. and d are immaterial. a Filipina, who wasbut vacationing there. Marvin in social functions he snubbed her. When Marriage; C. It should be distinguished when psychological, not physical illness separation unless upon returning to the 149498, May 20, 2004). fell in love with After a brief courtship she got sick, he her. did not visit her even if he and ALTERNATIVE ANSWER: Requisites (1999) What is the status of the following marriages and property was acquired. Philippines, Rosa agrees to cohabit with Ariel complying with all the requirements, they got knew of her confinement in the hospital. A congenital sexual pervert may be (a) Ain marriage between two 19-year it olds why? which is allowed under the Muslim Code. In this If it was acquired before Mary's married Hongkong to avoid publicity, being Meanwhile, Arnell met an accident which psychologically incapacitated if his perversion without parental consent, (2%) SUGGESTED ANSWER: case, death, there is condonation. b) Yes. The the estate of Mary is entitled to Marvin's second marriage. Is his marriage to disabled from reporting for work and incapacitates him from discharging his marital Yes. The marriage will not fall under Art. 35(4) No, Gemma's suit will not prosper. Even if taken (b) A him between two 21-year olds contracting of ashare subsequent bigamous 1/2 of the of James. Manel valid? Explain. (5%) earning a living to support himself. Will do not obligations. For instance, if his perversion is of of the Family Code on bigamous marriages, as true, the grounds, singly or collectively, without parental advice. (2%) marriage whether in the Philippines or abroad nature If as it was acquired after Mary's Gemma's suit prosper? Explain. (5%) such a to preclude any normal provided that Shelley obtained absolute constitute "psychological incapacity." In Santos (c) A marriage between twoan Filipino first v. is a ground for legal separation under Article death, there will be no share at all for the sexual activity with his spouse. CA, G.R. in No. 112019, January 4, 1995, the divorce, capacitating her to remarry under her cousins Spain where such marriage is valid. Marriage; Psychological 55(7) of the Family Code. Whether the second estate of Mary. Marriage; SUGGESTED ANSWER: Supreme Court clearly explained (d) A law. marriage between two Filipinos in national Consequently, thethat marriage (2%) Incapacity (1996) On April 15, 1983, Jose, engineer, and marriage is valid or not, an Ariel having converted Requisites (1995) Isidro and Irma, Filipinos, both years of age, 2) No. Under Article 57 of the 18 Family Code, the "psychological incapacity must be be characterized Hongkong before a notary public. (2%) between Marvin and Manel may valid as Marina, a nurse, were married to each other in into Islam, is immaterial. were passengers of Flight No. 317 of Oriental aggrieved spouse must file the action within by (e)(a) gravity, A marriage (b) juridical solemnized antecedence, by a town and (c) long as it was solemnized and valid in (Ferraris v. Ferraris, G.R. No. 162368, July 17, a civil ceremony in Boac. Marinduque. Six Airlines. The plane boarded was of five (5) years from they the occurrence of the cause. incurability" mayor three towns away from his jurisdiction, 2006; Choa v. Choa, G.R. No. November accordance with the laws of143376, Hongkong [Art. 26, months after their marriage, Jose was Philippine registry. While en route from Manila Marriage; Property Relations; Void The subsequent marriage of Ariel could not (2%) 26, 2002). The illness be shown as paragraphs 1 and 2, must Family Code]. employed in an oil refinery in Saudi Arabia for a to Greece some passengers hijacked the plane, Marriages (1991) In June 1985, James or married Mary. In have occurred earlier than 1990, the time he downright incapacity inability to perform one's period of three years. When he returned to the held the chief pilot hostage atRosa the cockpit and September 1988, he also married Ophelia with went to Saudi Arabia. Hence, has until marital obligations, not a mere refusal, neglect, Philippines, Marina was no to longer living in their ordered him to fly instead Libya. During the whom he begot (2) A andas B.ruled In 1995 to bring the action under the Family difficulty or muchtwo less, ill children, will. Moreover, house, but in Zamboanga in awas Marriage; Legal Separation; hijacking Isidro suffered a City, heartworking attack and July 1989, Mary died.GR In July 1990, he married Code. in Republic v. Molina, No. 108763, February hospital. He asked her to come home, but she Mutual guiltof (2006) Saul, a verge married man, had an Irma adulterous on the death. Since was already Shirley and abandoned Ophelia, Duringis their 13, 1997 , it is essential that the husband refused to do so, unless he agreed not to work relation with Tessie. In one of the she trysts, Saul's (Antonio v. Reyes, G.R. No. 155800, 2006; eight months pregnant by Isidro, pleaded union. James and Ophelia acquired aMarch 10, capable of meeting his marital responsibilities due overseas anymore because she cannot stand v. Quintero-Hamano, G.R. No. 149498, May 20, Republic wife, Cecile, caught them in flagrante. Armed Ophelia sues James for bigamy and prays that to the hijackers to allow the assistant pilot to residential lot worth P300,000.00. to psychological and not physical illness living He could not agree in fact, he 2004) . Furthermore, the condition complained with aalone. gun, Cecile shot Saul in a as fit of extreme his marriage with Shirley be declared null and solemnize her marriage with Isidro. Soon after had signed another three year contract. When of didJames, not exist the time of the celebration jealousy, nearly killing him. Four (4) plane years after void. on at the other hand, claims that of the marriage, Isidro expired. As the he returned in 1989, he could not locate marriage. the incident, Saul filed an action for legalMarina since his marriage to Ophelia was contracted landed in Libya Irma gave birth. However, the Marriage; Psychological anymore. 1992, Jose filed action served (1) If died youIn were Saul's counsel, how will separation against Cecile on an the ground that during the existence of his marriage with Mary, baby a few minutes after complete by publication in a newspaper of general Incapacity (2006) Article 36 of the Family Code provides that a marriage you argue his case? (2.5%) she attempted to kill him. the former is not binding upon him, the same delivery. Back in the Philippines Irma SUGGESTED ANSWER: contracted by any party who, at theclaims time of that the his circulation. Marina notfor file any answer, a being void ab initio he further immediately filed adid claim inheritance. The As the counsel of Saul, I will argue thatwas an celebration, was psychologically incapacitated to comply possible collusion between the parties marriage to Shirley is valid and binding as he parents of Isidro opposed her claim contending attempt by the against the life of the with the essential marital obligations of marriage, shall ruled out by thewife Public Prosecutor. was SUGGESTED ANSWER: was3) already legally capacitated the time Drug addiction arises at during the he that the marriage between her andTrial Isidro was husband is one of the grounds enumerated by be void. Choose the spouse listed below who is conducted and Marina neither appeared nor As judge, I will not grant the annulment. The married her. a) Is not the at contention marriage and the time of James marriage. void ab initio on the following grounds: (a) they the Family Code for legal separation and there psychologically incapacitated. Explain. (2.5%) a) Nagger and Ophelia? c) Is the estate of Mary entitled to presented evidence in her favor. If you were facts do given not show any taint of correct? b) What property Relations governed had not their consent to personality the marriage of is no need for criminal for the b) Gay or in Lesbian c) Congenital sexual pervert d) a share the the judge, will you grant the annulment. disorder on the part of conviction the wife Marina so as to Marriage; Legal the union of JamesSeparation; their son; (b) there was no marriage license; (c) 1. Resolve each of the(Art. contentions ([a] to [d]) ground to be invoked 55, par. 9, Family Gambler e) Alcoholic SUGGESTED by ANSWER: The best residential lot acquired James and Explain. lend substance to her husband's averment of Declaration of Nullity (2002) If drug addiction, habitual alcoholism, the solemnizing officer had no authority to raised by the parents of Isidro. Discuss fully. (2) If you were the lawyer of Cecile, what SUGGESTED ANSWER: answers are B and C. To be sure, the existence and Code). Ophelia? psychological incapacity within the solemnizing meaning of lesbianism or homosexuality should occur only perform the marriage; and, (d) the SUGGESTED ANSWER: A. Yes. His marriage to Ophelia is inception void ab initio will be your defense? (2.5%) concealment of these conditions at the of Art 36 the Family In Santos vs. CA during the marriage, would this constitute 1. (a) of The fact that the parents of Isidro and officer did not file anCode. affidavit of marriage with SUGGESTED ANSWER: becauserenders of his subsisting prior marriage to marriage the marriage contract voidable (Art. (240 SCRA 20) , this particular ground for nullity grounds for a declaration of nullity or for legal As the counsel of Cecile, I will invoke the of Irma did not give their consent to the the proper civil registrar. Mary. HisCode). marriage Shirley, after Mary's 46, Family They to may serve as indicia of of marriage was tothe be limited only to the separation, or would they render the marriage adultery of Saul. Mutual guilt is a ground for marriage did not held make marriage void ab ALTERNATIVE ANSWER: death, is valid and binding. psychological incapacity, depending on the degree and SUGGESTED ANSWER: most serious cases of personality disorders voidable? (1%). the dismissal of an action for legal separation initio. The marriage is merely voidable under A. No. The contention of James is notNo. correct. severity of the disorder (Santos v. CA, G.R. 112019, In accordance with law, if drug addiction, (clearly demonstrative of utterThe sensitivity (Art. 56, par. 4, Family Code). rule is or Art 45 of the FC. Art.4, 40, Family Code, provides that the Jan. 1995) . Hence, if the condition of homosexuality, habitual alcoholism, lesbianism or inability to give meaning and significance to (b) Absence ofwell-established marriage license did not make anchored on a principle that "absoluteor nullity of a previous marriage be lesbianism sexual perversion, at the may homosexuality should occurexisting only during the marriage. Marina's refusal to come home to the marriage void ab initio. Since the marriage one must come to court with clean hands. invoked for purposes of remarriage on the basis inception of they: the marriage, of such a degree as to marriage, a) Will is not constitute as ground her husband unless he agreed not to work was solemnized in articulo mortis, it was (3) If you were the judge, how will you solely of a final judgment declaring such prevent any form of sexual intimacy, any of them may (Art. 36, Family Code); b) Will constitute as for declaration of nullity overseas, far from being indicative of an exempt from the license under decide the case? (5%) requirement previous marriage void." It can be said, qualify as a ground psychological incapacity. grounds for legalfor separation (Art. 56, FC) The andlaw SUGGESTED ANSWER: insensitivity to the meaning of marriage, or of a Art. 31 of the FC. therefore, that the marriage of James to Shirley provides that the husband and wife are obliged to live c) will not constitute as grounds to render the If I were the judge, I will dismiss the action on (c) On the assumption that the assistant pilot personality disorder, actually shows a sensitive is void since hismutual previous marriage tofidelity Ophelia, together, observe love, respect and (Art. marriage voidable (Art.45and 46, FC) the ground of mutual guilt of the parties. The ALTERNATIVE ANSWER: was acting on for her andpart in behalf of the airplane awareness of the marital duty to although itself void, had not been judicially 68, Family Code). The mandate is yet actually the Philippine Constitution protects marriage as an A. No. The contention of James is not correct. chief who was under disability, and by reason live together as husband and wife. Mere refusal declared void, spontaneous, mutual affection between the spouses. In inviolable social institution (Art. XV, Sec. 2, He cannot set up as a defense his own criminal of the extraordinary and exceptional to rejoin her husband when he did not accept the natural order it is Separation; sexual intimacy Grounds; which brings the Marriage; Legal Mere intention to live apart does not fall under 1987 Constitution). An action for legal act or wrongdoingcircumstances of the case [ie. hostage the condition imposed by her does not furnish spouses wholeness and oneness (Chi Ming Tsoi Prescriptive Period (1994) Art. 36, FC. Furthermore, there is no proof that separation involves public interest and no such situation), the marriage was solemnized by an any basis for concluding that she was suffering SUGGESTED ANSWER: Rosa and Ariel were married in the Catholic the alleged psychological incapacity existed at decree should be issued if any legal obstacle authorized officer under Art. 7 to (3) and Art. 31. from psychological incapacity discharge the B. The provisions of Art 148 of the Family Code, shall Church of Tarlac, Tarlac on January 5. 1988. In the time of the marriage. thereto appears record. This is in line with govern: Art. 148. In119190, cases of cohabitation of the FC. essential maritalon obligations. v. CA, G.R. January not falling under 1990, Ariel No. went to the policy that in case of doubt,

16,1997).

Page 30 of 119

respective of law, towns to live and work. 1) Was the 2) Would your answer be the same it should marriage of A and B solemnized on if August 30, (3) Suppose Ric himself procured the turn the marriage was 1988out by that the town mayor oflicense X inpersuade his office aJuliet falsified birth certificate to SUGGESTED ANSWER: spurious? Explain. valid marriage? your answer. 2) Can to marry himExplain despite her minority and No, the answer would not be the same. The either or both of them contract marriage withHe assured her that everything is in order. marriage would without be to void because of the another committing bigamy? did not person divulge her his prior marriage absence of a formal requisite. In such a case, Explain yourWhat answer. with Gigi. action, if any, can Juliet ANSWER: there was actually no validcan marriage SUGGESTED ANSWER: Juliet file anlicense. action for take against him? Explain. (2.5%) Marriage; Requisites; Marriage 1) The marriage of A and B the is void because the the declaration of nullity of marriage on the License (2002) On May that 1, 1978 Facundo married Petra, by to solemnizing officer hadcaused no legal authority to ground he willfully loss or injury whom sonthat Sotero. Petra died July 1, solemnize thea marriage. if either or both her in he a had manner is But contrary toon morals, 1996, while Facundo died on January 1, 2002. parties believed good faith that the good customs and in public policy [Art. 21, New Before his demise, Facundo had married, on to solemnizing officer had legal authority Civil Code]. She may alsothe bring criminal actions July 1, 2002, Quercia. Having lived together as do so, the marriage is voidable because the for seduction, falsification, illegal marriage and husband and wife since July 1, 1990, Facundo marriage between the parties, both below 21 bigamy against Ric. and If Quercia did not secure a marriage license years of age, was solemnized the (4) you were the counsel for without Gigi, what but executed the requisite affidavit for the consent ofwill the parents. (Art. 35, par. (2) and and action/s you take to enforce 2) Either or (1), both of that theCode) parties cannot contract purpose. To ensure his inheritance rights Art. 45 par. Family protect her interests? Explain. (2.5%) marriage in ANSWER: the Philippines with another person SUGGESTED I would file an action to are not adversely affected by his father second without committing bigamy, unless there declare the marriage between Juliet and Ric marriage, Sotero now brings a suit to seek a is SUGGESTED ANSWER: compliance with the requirements of Article 52 null and void ab initio and Ric's share in the declaration of the nullity offor the marriage of (a) The marriage is marriage voidable. The consent of Family Code, namely: there must be a co-ownership of that to be forfeited in Facundo and to Quercia, grounded was on the absence the parties the marriage defective. judgment ofconsidered annulment orQuercia absolute nullity of favor and part of the absolute of a valid marriage license. contends Being belowin 21 years old, the consent of the the marriage, partition and distribution of and the community the marriage between Gigi that there wasfull no need for a marriage license parties is not without the consent of their properties of the spouses and the delivery of Ric [Arts. 148 & 147, Family Code]. I would also in view for her having lived continuously with parents. The consent of the parents of the their children's presumptive legitimes, which file an action for damages against Ric on the Facundo for five years before their marriage parties to the marriage is indispensable for its A. Is the marriage Facundo and Quercia shall be recorded in constitute the appropriate Civil grounds that his of acts an abuse of SUGGESTED ANSWER: and that has Sotero has no legal personality to validity. valid, despite the absence of a marriage Registry and Registry of the Property, otherwise (b) Between 21-year olds, marriage is valid right and they are contrary to law and morals, seek a declaration of nullity of the marriage ALTERNATIVE ANSWER: SUGGESTED ANSWER: license? Explain. (2%) the same shall is not affect third persons and the despite the absence of parental advice, causing damages to Gigi (See Arts 19, 20, 21, since Facundo now deceased. 2) The Yes, they can. The subsequent marriage A. marriage with Quercia is void. The subsequent marriage shall be null and void. because such absence is merely an New Civil Code). contracted by one of the parties not give exemption from the requirement ofwill a marriage Marriage; Void Marriages; Psychological (Arts. 52 and 53. Family Code) irregularity affecting a formal requisite i.e., the rise to bigamy even the of a court license under Art, 34, in Family Code, requires Incapacity (2002) A. Give a brief definition or absence explanation of the marriage license and does not affect the declaration of nullity of the first marriage. The that the man and woman must have lived term psychological incapacity as a ground validity of the marriage itself. This is without subsistence of a prior valid marriage is an together as husband and wife for at five for the declaration of nullity ofcriminal, a least marriage. prejudice toelement the civil, or indispensable of the crime of bigamy. years and without any legal impediment to B. If existing at the inception of marriage, (2%) administrative liability of the party responsible The prior declaration ofunsound nullity ofmind the first marry each other during those five years. The SUGGESTED ANSWER: would thecourt state of being of or therefor. marriage is required by and the Family Code cohabitation of Facundo Quercia six only (c) By reason of of public policy, thefor marriage the concealment drug addiction, habitual for the purpose ofcousins the of the years from 1990 to July 1, 1996 when between Filipino first islesbianism void Petra [Art. 38, alcoholism, homosexuality orvalidity be subsequent marriage, not as the an element ofit the died was with a legal impediment hence, par. (1), one Family Code], and fact that is considered indicia of psychological incapacity? Marriage; Void SUGGESTED ANSWER: crime bigamy. not in of compliance with the requirement law. considered a valid marriage in a of foreign Explain. (2%). Marriages (2004) A. BONI and metdoes while A. PSYCHOLOGICAL INCAPACITY is aworking mental On other hand, theANNE cohabitation thereafter country in this case, Spain not validate ALTERNATIVE ANSWER: overseas. They became sweethearts and got disorder of the most serious type although showing the until the marriage on July 1, 2000, it, being an exception to the general rule in Art. The marriage of Facundo and Quercia is VALID. engaged to be married on New Years Eve incapability of one or both spouses to comply free from legal impediment, did not meet the 96 of said Code which accords validity to all The second marriage was solemnized on 1, aboard a solemnized cruise ship in the Caribbean. They ALTERNATIVE ANSWER the essential marital obligations of July love, 5-year cohabitation requirement. marriage outside the Philippine x x 2000, when the code was already The marriage itFamily void. mutual Under Article 96 of the took the proper license to marry in New York respect, cohabitation, help and support, x and valid there as such. affective. The family tookwhere effect on August Family Code, a marriage valid celebrated City, where there is code a It Filipino consulate. But trust and commitment. must be characterized 3, 1988. Under the Family Code, no marriage is valid in the Philippines except as planned wedding ceremony was by Juridical antecedence, gravity those and license is required the parties have been marriages enumerated in of said Article which officiated by the if captain the Norwegianincurability and its root causes must be Back in Manila, Anne discovered that Boni had cohabiting for the period of five years and there marriages will remain even though valid registered vessel in examined. avoid private suite among clinically identified or (Santos v. CA, been married inSantos Bacolod City 5 years earlier is no legal impediment. must no legal B. InSCRA the case of v. Court of Appeals, 240 where solemnized. The marriage between first selected friends. 240 20 [1995]) . There but divorced in only last OF year. His first impediment ONLY AT THE TIME THE SCRA 20 ,Oslo the Supreme Court held that cousins is(1995) one of those marriages enumerated wife was also it a Filipina but now based SOLEMNIZATION OF THE MARRIAGE , and not in being of hence, unsound mind, drug addiction, habitual therein, is void even though valid in By reason of Art. 15 inor relation to Article 38 Sweden. Boni himself is a This resident of Norway the whole five years period. is clearly theof alcoholism, lesbianism homosexuality may be Spain where it was celebrated. the Civil Code, which applies to depending Filipinos where he and Anne plan to live Minutes permanently. intent of the code framers (see of the indicia of psychological incapacity, Anne retains your services toofadvise her on wherever they are, marriage is the void. 150th joint Civil Code of the Family Lawdisorder. on the degree ofthe severity SUGGESTED ANSWER: whether her marriage to Boni is valid under Committees held on August 9, 1986 ). Also, in However, the concealment of drug addiction, (d) It depends. If there the marriage before the Philippine law? Is anything else she Manzano V. Sanchez, AM NO. MT 00-129, habitual alcoholism, lesbianism or SUGGESTED ANSWER: notary public is valid under Hongkong Law, the should do under the circumstances? (5%) March 8, 2001 , the Supreme Court said that, as homosexuality is a ground of annulment of If Boni is stillis a Filipino citizen, his legal capacity is marriage valid in the Philippines. Otherwise, Parental Authority; Child under 7 apply, one of the requisites for the to governed by Philippine Law (Art. 15exception Civil Code). Under marriage. the marriage is invalid in Hongkong be years of age (2006) there must bethat no legal impediment at thewill time invalid in the Philippines. of the marriage. The Supreme Court did not say that the legal impediment must exist all throughout the five-year period.

CIVIL LAW Answers to the BAR as Arranged by Topics (Year 1990ALTERNATIVE ANSWER: 2006) under from [Art. 35(1), college, Article Family A 35 and (2), Code]. B FC. decided In The that to fact break case, that their the Ric party was relation Under This Philippine not in is Article different Law, 213 his from of marriage the theFamily case toof Anne Code, Ninl is no V. void child Bayadog, because under 7 If the two Filipinos believed in good faith prior marriage was not dissolved by the 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 122 of [2000] age shall ). which In the be said separated case, the from situation the good and aware of a existing
divorce decreedPublic in Oslo. is Divorce obtained abroad by a the Notary authorized solemnize occurred mother unless during the Relations court finds of to the compelling new Civil Filipino is not recognized. marriage, then the marriage is valid. Code reasons where to order Article otherwise. 76 thereofof clearly provides (1) Explain the rationale this provision. SUGGESTED ANSWER: that during the five-year cohabitation, the (2.5%) SUGGESTED ANSWER: The rationale the unmarried. 2nd paragraph of Article If Boni was noof longer a Filipino citizen, the parties must be This is not 213 so (e) Under the Local Government Code, a town of the Family Code is to avoid the tragedy a divorce isin valid. Hence, his marriage to Anne is anymore the Family Code. The Change inof the mayor may validly solemnize a marriage but mother who sees her baby torn away from her. It valid if celebrated accordance If with the second law of Family Code is in significant. the said law is silent tocelebrated. the territorial limits for is said that the maternal affection and care during the place where itas was Since the marriage occurred before the effectivity of the exercise by a town mayor of such the early years of the child are generally needed marriage was the celebrated a vessel of the Family Code, answer aboard would that be that authority. However, by analogy, with the by the child more than paternal care (Hontiveros v. IAC, G.R. No. 64982, October 23, B. Does Sotero have the personality to seek Norwegian Norwegian law applies. If marriage is registry, void. authority of members of the Judiciary to 1984; Tolentino, Commentaries and the declaration of nullity of the marriage, the Ship Captain has authority to solemnize the solemnize a marriage, it would seem that the Jurisprudence on the Civil Code, Volume One, especially now that Facundo is already marriage aboard his ship, the marriage is valid mayor did not have the to SUGGESTED ANSWER: pp. 718-719). The general rule is authority that a child deceased? Explain. (3%) and shall be recognized inrequisite the Philippines. B. A void marriage may be questioned by any solemnize a marriage outside of his territorial As to the second question, if Boni is still a below 7 years old shall not be separated from interested party in any proceeding where the jurisdiction. Hence, the marriage is void, Filipino, Anne can file an action for declaration his mother due to his basic need for herunless loving resolution the issue is him. material. a it was contracted with either or both Being parties of nullity of of her marriage to care (Espiritu v. C.A., G.R. No. 115640, March ALTERNATIVE ANSWER: (2) Give at least 3 examples of "compelling compulsory heir, Soterro has the personality to believing in good faith that the mayor had the 15,1995). The marriage is valid. the Under the away Local reasons" which taking question the validity of the marriage of Facundo Marriage; Void legal authority to justify solemnize this particular Government Code, the authority of a mayor to from the mother's ofwhen her they child and Marriages Quercia. (2006) Otherwise, his participation in the Gigi and Ric, Catholics, got married marriage (Art 35, par is 2 custody Family Code). SUGGESTED ANSWER: solemnize marriages not restricted within his under 7 years years of age. (2.5%) estate on Facundo would be affected. (Ninl were old. Their marriage was a.18 The mother is insane municipality implying that he has (Sempio-Diy, the authority V. Bayadog, 328 SCRA 122 [2000] ). solemnized on August 2, 1989 by Ric's uncle, a Handbook on territory the Solemnizing Family Code of the even outside the thereof. Hence, the Marriage; Requisites; Baptist Minister, in Calamba, Laguna. He 1 complete Philippines, The mother pp. 296-297) isoutside sickof ;with a disease marriage he solemnized his municipality Officers (1994) 1} The publication the Family overlooked the fact that his license to that is communicable and might endanger is valid. And even assuming that hisOn authority is Code was made on August 4, 1987. solemnize marriage expired the month before the health and life of the child; restricted within his Junior municipality, such marriage September 4, 1987, Cruz and Gemma and 2 that the parties do not belong to his The mother has because been maltreating will nevertheless, bebefore valid solemnizing Reyes were married mayor. congregation. After 5 years a ofmunicipal married life and the child; the marriage outside said municipality iscouple a mere Was the marriage valid? 2) Suppose the blessed with 2 children, the spouses developed 3 The mother is engaged in irregularity applying by analogy the case of got married on September 1, they 1994parted at the irreconcilable differences, so ways. prostitution; Navarro v Domagtoy, 259 Scra 129 . In this case, Manila Hotel before Philippine Consul While separated, Ricthe fell in love with Juliet, a 16 4 The mother is engaged in the Supreme Court held that the celebration by General to Hongkong, who was on vacation year-old sophomore in a local college and a in adulterous relationship; a judge of acouple marriage outside the jurisdiction of Manila. The executed an affidavit Seventh-Day Adventist. They decided to get SUGGESTED ANSWER: 5 The mother is a drug addict; his court is a mere irregularity that did not consenting tothe the celebration of the marriage married with consent ofhabitual Juliet's parents. 1) a) Yes, marriage is valid. The Family 6 The mother is a drunk or affect the Hotel. validity of the valid? marriage at the Manila Is the marriage She presented to him a birth certificate Code took effect on August 3, 1988. At the an alcoholic; notwithstanding Article 7 of the Family Code showing she is 18 years old. Ricor never doubted time of the marriage on September 4, 1987, 7 The mother is in jail serving which provides that an of incumbent member of (1) What isRequisites; the status the marriage Marriage; Marriage her age much less the authenticity of her birth municipal mayors were empowered to sentence. the judiciary is authorized to solemnize between Gigi and Ric valid, voidable or License (1996) On Valentine's Day 1996, Ellas and Fely, both certificate. They got married in a Catholic solemnize marriage under the Civil Code SUGGESTED ANSWER: Eventhe if the Minister's license of marriages only within courts jurisdiction. void? Explain. (2.5%) single and 25 years of age, went to the city hall 2) a) The marriage is not valid. Consuls and church in Manila. A year after, Juliet gave birth 1950. expired, the marriage is valid if either or both Gigi where they sought out a fixer to help them vice-consuls are empowered to solemnize to twins, Aissa and Aretha. and Ric believed in good faith that he had the obtain a quickie marriage. For a fee, While the fixer marriages between Philippine citizens abroad legal authority to solemnize marriage. the in produced an ante-dated marriage license for to the consular office of the foreign country authority of the solemnizing officer is a formal them, Issued by the Civil Registrar of of a small which they were assigned and no power requisite of marriage, and at least have one the remote municipality. He then brought them to to solemnize marriage on Philippine soil. parties must belong to the solemnizing officer's b) A Philippine consul is authorized by law to a licensed minister in a restaurant behind the church, the law provides that the good faith of the solemnize marriages abroad between Filipino city hall, and the latter solemnized their parties cures the defect Code; in the Sempio-Diy, lack of authority (Art. 35 par. 2, Family p. of SUGGESTED ANSWER: citizens. He has no and authority to solemnize a marriage right there then. 1) Is their 34; The Law on Persons and Family the Rabuya, solemnizing officer The marriage is valid. The irregularity in the marriage in the Philippines. Consequently, the valid, void or voidable? Explain. Relations, p. 208). issuance of valid license does not adversely marriage in a question is consent void, unless either The absence of parental despite theiror affect the validity of the marriage. The both of the contracting parties believed in having married at the age of 18 is deemed good marriage license is valid because it was in fact faith that the consul general had authority cured by their continued cohabitation beyond to ALTERNATIVE ANSWER: issued by a their Civil Registrar (Arts. 3 and case 4. FC). solemnize marriage in which the age of 21. At this point, their marriage is the It depends. IfRequisites; both or one of the parties was a Marriage; Void marriage is valid. valid (See Art. 45, Family Code). member of the religious sect of the solemnizing Marriage (1993) A and B, both 18status years old, were sweethearts (2) What is the the marriage officer, the marriage is of valid. If none of the studying in Manila. On August 3, 1988, while in between Ric and Juliet valid, voidable or parties is a member of the sect and both of first year college, they eloped. They stayed in SUGGESTED ANSWER: The marriage between void? (2.5%) them were aware of the fact, the marriage is the house of is a mutual friend in the town X, where Juliet and Ric void. First of all, marriage is void. They cannot claim good faith in believing they were able to obtain a marriage license. a bigamous marriage not falling under Article that the solemnizing officer was authorized On [Art. August 30, 1988, their marriage was 41 35(4)Family Code], A subsisting because the of the authority of the solemnized byscope the town mayor of X to in rehis marriage constitutes a legal impediment solemnizing officer is a matter of law. If, office. Thereafter, they returned to Manila and marriage. Secondly, Juliet is below eighteen however, one of the parties believed in good continued to live separately their respective years of age. The marriage isin void even if sect, faith that the other was a member of the boarding houses, concealing from their consented to by her parents then the marriage valid in the province what parents, who wereis living

they had done. In 1992, after graduation

authority and special parental parental SUGGESTED authority. ANSWER: In substitute parental authority, the parents lose their parental authority in favor of the substitute who acquires it to the exclusion of the parents. In special parental authority, the parents or anyone exercising parental authority does not lose parental authority. Those who are charged with special parental authority exercise such authority only during the time that the child is in their custody or supervision. Substitute parental authority displaces parental authority while special parental authority concurs with parental authority. Paternity & Filiation (1999) (a) Two (2) months after the death of her husband who was shot by unknown criminal elements on his way home from office, Rose married her childhood boyfriend, and seven (7) months after said marriage, she delivered a baby. In the absence of any evidence from Rose as to who is her child's father, what SUGGESTED ANSWER: status does the law give to said child? Explain. (a) The child is legitimate of the second (2%) marriage under Article 168(2) of the Family 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 three hundred days after the termination of the Paternity & Filiation; former marriage." Proofs (1999) (b) Nestor is the illegitimate son of Dr. Perez. When Dr. Perez died, Nestor intervened in the settlement of his father's estate, claiming that he is the illegitimate son of said deceased, but the legitimate family of Dr. Perez is denying Nestor's claim. What evidence or evidences should Nestor present so that he may receive SUGGESTED ANSWER: his rightful share in his father's estate? (3%) (b) To be able to inherit, the illegitimate filiation of Nestor must have been admitted by his father in any of the following: (1) the record of birth appearing in the (2) aregister, final civil (3) a public document signed by the judgment, (4) a private handwritten document signed by father, or the lather (Article 17S in relation to Article 172 of the Family Code). Paternity & Filiation; Artificial Insemination; Formalities(2006) Ed and Beth have been married for 20 years without children. Desirous to have a baby, they consulted Dr. Jun Canlas, a , prominent medical specialist on human fertility. He advised Beth to undergo artificial insemination. It was found that Eds sperm count was inadequate to induce pregnancy Hence, the couple looked for a willing donor. Andy the brother of Ed, readily consented to donate his

CIVIL LAW Answers to the BAR as Arranged by Topics (Year 19902006) Distinguish briefly but clearly between: Substitute sperm. After a series of test, Andy's sperm was

introduced medically into Beth's ovary. She became pregnant and 9 months later, gave birth to a baby boy, named (1) Who is the Alvin. Father of Alvin? Explain. SUGGESTED ANSWER: (2.5%) Andy is the biological father of Alvin being the source of the sperm. Andy is the legal father of Alvin because there was neither consent nor ratification to the artificial insemination. Under the law, children conceived by artificial insemination are legitimate children of the spouses, provided, that both of them authorized or ratified the insemination in a written instrument executed and signed by both of them before the birth of the child (Art. 164, (2) What are the requirements, if any, in Family Code). order for Ed to establish his paternity SUGGESTED ANSWER: over Alvin. (2.5%) The following are the requirements for Ed to establish his paternity over Alvin: 1 The artificial insemination has been authorized or ratified by the spouses in a written instrument executed and signed by them before the birth of the child; and 2 The written instrument is recorded in the civil registry together with the birth certificate of the child (Art. 164, 2nd paragraph, Family Code). Paternity & Filiation; CommonLaw Union A. RN and (2004) 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. Parental Authority; Special Parental Two years later, they got married in a civil Authority;ANSWER: Liability of Teachers (2003) SUGGESTED ceremony. Could ZMN be legitimated? Reason. If during class hours, while was ZMN was legitimated by the teacher subsequent (5%) chatting of with teachers the time school marriage RN other and DM because in at the he corridor, a 7 year old male stabs eye was conceived, RN and DMpupil could havethe validly of another boyother. with a Under ball pen during a Code fight, married each the Family causing to outside the victim, children permanent conceived blindness and born of who could liable for damages the boys wedlock ofbe parents who, at the for time of the SUGGESTED ANSWER: injury: the teacher, the school authorities, by or former's conception, were not disqualified The school, itsparents? administrators, and teachers the guilty boys Explain. any impediment to marry each other are have special parental authority and Paternity Proofs; Limitations; legitimated & byFiliation; the subsequent marriage of the responsibility over the minor child while under Adopted Child (1995) parents. their supervision, instruction or custody (Article Abraham died intestate on 7 January 1994 218, FC). are principally and solidarily survived byThey his son Braulio. Abraham's older liable for the damages caused1990. by the acts or son Carlos died on 14 February Danilo omissions unemancipated minor unless who claimsof to the be an adulterous child of Carlos they exercised the proper diligence required intervenes in the proceedings for the under the of circumstances 219, settlement the estate of (Article Abraham in FC). In the problem, the TEACHER and the SCHOOL representation of Carlos. Danilo was legally AUTHORITIES are liable for the blindness the adopted on 17 March 1970 by Carlos with of the 1. Under the Family Code, how may an victim, because the student who cause it was consent of the " latter's wife. illegitimate proved? Explain.and they under their filiation special be parental authority 2. As lawyer for Danilo, do you have to prove were negligent. They were negligent because Danilo's illegitimate Explain. during the they were chatting filiation? in the corridor 3. Can Danilo Abraham in incident class period inherit whenfrom the stabbing representation of his father Carlos? Explain. occurred. The incident could have been prevented the teacher been inside the Parental had Authority; Substitute classroom at that time. The guilty boys vs. Special (2004) PARENTS are subsidiarily liable under Article 219 of the Family Code.

time the lifetime of the child. However, if the out action upon children. finally married relying G. on Recently. provides the correctness G that died. the What filiation of are the of drinking of her husband, Alberto. Paulita, of legitimate Manila, who, B Art. 172 law any during excessive is based on "open and continuous possession of the status legitimate the certificate rights of children ofB's title, four acquires ischildren: established rights X and by which Y any of his are of the to her own endeavor, was able to buy a parcel of of an illegitimate child, the same can be filed during the following: first be protected marriage; (1)by the and the record Ecourts. and F, ofhis birth children appearing with in land which was able to register under her lifetime of the she putative father." Under established of (2) land theExplain G? civil the register your answer. or a final principles Judgment; or an name with the addendum "widow." She also SUGGESTED registration law, the presumption is a that the admission ANSWER: of legitimate filiation in public acquired stocks in a listed corporation Under the or facts stated, handwritten Xland and Y legitimate In the present case, the Paulita action for compulsory transferee of a registered is are not aware of document private instrument registered in her name. sold the parcel children of B by and C. E is the children recognition was filed by Joey's mother, Dina, on any defect in the title oflegitimate the property he and signed the parent concerned. In the of land to Rafael, who first examined the of B and G. E is the legitimated child B&G. F May 16,1994, the certificate death of Steve, the purchased. (See Tojonera v. Court ofof Appeals, absence of the foregoing evidence, the original of the after transfer of title. 1) Has C. As legitimate children and C, X and Y is the illegitimate child ofof BB and putative father. action will prosper 103 SCRA 467). Moreover, the person legitimate filiation shall be proved by: dealing (1) the Alberto the rightThe to share in the shares if ofJoey stock have registered the following rights: 1) safely To bear the on the can present birth 2) certificate that recover bears the with land may rely open and continuous possession of the status acquired by his Paulita? Can Alberto the surnames SUGGESTED of ANSWER: the father and thetitle mother, in law SUGGESTED ANSWER: signature his putative father. However, the correctness of its certificate and the of a legitimate child; or (2)of any other means land from of Rafael? 2. conformity No. Since Danilo with the has provisions already been of the adopted Civil Codefacts 1. ona) clearly Yes. The Family Code provides that state that the birth certificate of all will in no way oblige him to go behind the allowed by 2) the Rules of Court and special laws. Surnames; To receive support from their by Carlos, he ceased to be an illegitimate child. property acquired during the marriage, whether Joey did not indicate the father's name. A birth certificate to determine the condition of the parents, theirchild ascendants, An adopted acquires all the rights of a the acquisition appears to alleged have been made, certificate not signed by the father property. [Director of Lands v. Abache, et al. and in child proper cases, brothers legitimate under Art, their 189 of the FC. and sisters, contracted or registered in the name of one cannot be taken as a record of birth to prove or 73 Phil. 606). No the strong considerations of Code SUGGESTED ANSWER: conformity with provisions of the Family in both spouses, ischild, presumed be absolute recognition of the nor canto said birth public have been presented which would 3. No, he cannot. Danilo cannot represent Support; and on policy community property unless the contrary is be taken as aare recognition in a public lead the Court to reverse the established and Carlos as the latter's adopted child the certificate b) Yes. The shares presumed to be 3) To be entitled to the legitime andin other proved. instrument. (Reyes v. Court of Appeals, G.R. sound doctrine that the buyer in good faith a inheritance ofrights Abraham because adoption did successional granted to them by of the absolute community property having been b) Are the defenses set up by Tintin No. 39537, March 19, 1985) Consequently, registered parcel of land does not have to look not Danilo 174, a legitimate grandchild of tenable? acquired during the marriage despite the the fact Civil make Code. (Article Family Code). Explain. (2%) action filed by Joey's mother has already beyond the Torrens Title and search for any Abraham. Adoption is personal between Carlos SUGGESTED d) The parcel of land is absolute community that those ANSWER: shares were registered only in her prescribed. hidden defect or inchoate right which may later and Danilo. He cannot also represent Carlos as Yes, theAlberto's defensesright of Tintin are tenable. In will E is the legitimated child of B and G.during Under Art. property having been acquired the name. to claim his share invalidate or diminish his right to what he Tayag v. Court of Appeals (G.R. No. 95229, the 177 latter's of the illegitimate Family child Code, because only children in such marriage and through Paulita's industry despite only arise, however, at dissolution. purchased. (Lopez v. Court Appeals. 189 c) The presumption is still the shares of June 9,1992) , a complaint to that compel case he is barred by Art. 992 of of the NCC from conceived and outside of wedlock of registration only born in the name Paulita. The ALTERNATIVE ANSWER: SCRA 271) stock are owned in common. Hence, will recognition of an illegitimate child was they brought inheriting parents who, from at the his time illegitimate of the conception grandfather of land being community property, its sale to An adopted child's successional rights do not form part of theof absolute community or the before effectivity the Family Code by the Abraham. the former, were not disqualified by any Rafael without the consent of Alberto is void. include the right to represent his deceased conjugal partnership depending on what the Property Nuptial mother of a minor child based on "open and impedimentRelations; to marry Ante each other may be adopter in the inheritance of the latter's Agreement (1995) Suppose Tirso Tessie were married 2 property Relations is. of the status of an continuous possession legitimated. E and will have the same rights on as X legitimate parent, in view of Art. which F is the child of B and G. 973 F has the d) Since Paulita acquired the shares ofheld stock by August 1988 without executing any ante illegitimate child." The Supreme Court that and Y. illegitimate provides that insurname order that representation may onerous title during the marriage, these are right to use the of G, her mother, and nuptial agreement. One year after their the right of action of the minor child has been take place, the representative must himself be part of the conjugal or absolute community is entitled to support as well as the legitime marriage, Tirso while supervising the clearing vested by the filing of the complaint in court capable of of succeeding the decedent. Adoption consisting 1/2 of that of each of the X, Y and E. property, as the of case maybe (depending on of Tessie's inherited land upon latter's under the regime the Civil Code and prior to by itself did Family not render Danilo an heir not of the (Article 176, Code) whether the marriage was celebrated prior in to. request, accidentally found the treasure in the effectivity of the Family Code. The ruling adopter's legitimate parent. does his Presumptive or after, effectivity of the Family Code). Her the new river bed but on Neither the property of Tayag v. the Court of Appeals finds no application being a grandchild of Abraham render him an physical separation from her husband did not SUGGESTED ANSWER: Legitime (1999) What do you understand by "presumptive Tessie. To whom shall the treasure belong? in the instant case. Although the child was born Since Tirso and Tessie were before the heir of the latter because as an illegitimate legitime", in what case ormarried cases must the dissolve the community of property. Hence, Explain. before the effectivity of the Family Code, thethe effectivity of the Family property child of deliver Carlos, who was Code, a legitimate child of c) parent such legitime to their the children, Supposing that Joey died during the of husband has afiled right to share in the shares complaint was after its effectivity. Hence, Paternity & Filiation; Recognition of SUGGESTED ANSWER: relation is are governed conjugal partnership Abraham, Danilo is by incapable of succeeding and what the legal effects in each case of if pendency of theFamily action, should the action stock. 175 of Article Code should apply and illegitimate Child (2005) Steve was married to Linda, with whom he had 2) a) Under athe community of property, whether SUGGESTED ANSWER: gains. Under Art. 54 of the Civil Code, the Abraham under Art. 992 the Code. the parent fails to do so?of (5%) be dismissed? Explain. (2%) not Article 285 of the Civil Code. a daughter, Tintin. Steve fathered a son with PRESUMPTIVE LEGITIME is not which defined in law the SUGGESTED absolute orANSWER: relative, the disposition of property share of the hidden treasure the Dina,Its his secretary of Dina Joey died during the pendency of the law. definition must have beenwhom taken from If belonging to such community is void if action, done by awards to the finder or 20 the years, proprietor belongs named Joey, born on September 20, 1981. the action should still be dismissed because Act 2710, the Old Divorce Law, which required just one spouse without the consent of the to the conjugal partnership of gains. The oneJoey's birth certificate did not indicate the the right of Joey orof his heirs to file the However, action the delivery to the legitimate children of other or authority the proper court. half share pertaining to Tessie as owner of "the the father's name. Steve died on August 13, 1993, has already prescribed. (Art. 175, Family Code) equivalent of what would have been due to the land was registered in the name of Paulita land, and the one-half share pertaining to Tirso while Linda died on December 3, 1993, leaving them as their legal portion if said spouse had as "widow". Hence, the buyer has the right to as finder of the treasure, belong to the Paternity & Filiation; Rights of Property Relations; Conjugal their legitimate daughter, Tintin, as sole heir. died intestate immediately after the dissolution rely upon what appears in the record of the conjugal partnership of gains. Legitimate Children (1990) B and G (college students, both single and not Partnership ofand Gains (1998) Onthe May 16, 1994, Dina filed a case behalf of In 1970, Bob got married without of community ofIssa property." As on used in the Register of Deeds and should, consequently, be disqualified to marry each other) had a executing Joey, praying a marriage thatpresumptive the settlement. latter be In declared 1975, Bob an Family Code, legitime is protected. Alberto cannot recover the land romantic affair, G was seven months the of acknowledged illegitimate son and inherited from his father a residential lot upon understood as the equivalent of of theSteve legitimate from Rafael but would have thein right b) The parcel of land is absolute community family way as of the graduation of B. Right which, that Joey in be 1981, given he his constructed share in Steve's a two-room estate, children's legitimes assuming that the spouses recourse against his wife havingB went been home acquired during after graduation to Cebu City. the which is now being solely held by Tintin. Tintin bungalow with savings from his own earnings. had died immediately after the dissolution of property Presumptive legitime is required to be marriage and through Paulita's industry despite Unknown to G, B had a commitment to C (his At put that up time, the the defense lot was that worth an P800.000.00 action for the community of property. delivered toshall the only common children of cost the the registration being inher the name of childhood sweetheart) toonly marry after recognition be filed during the while the house, when finished spouses when the marriage is survived annulled or Paulita. The land being community property, getting his college degree. Two weeks after Bits P600,000.00. lifetime of theIn presumed 1989 Bob parents died, and that only the declared void ab initio and possibly, when the sale to Rafael without the consent of Alberto marriage in Cebu City, G gave birth to a son E is exceptions under Article the Civil Sofia. Code by his wife, Issa and 285 hisof mother, a) Does Joey Sofia have a rightfully cause of action 1. State whether can claim that conjugal partnership or absolute community is void. However, the years land is registered in Metro Manila. since After ten of married lifein Assuming do not apply that to him the since relative the values said article of both has against Tintin for recognition and the house and lot are not conjugal but dissolved as in the case of legal separation. the name of Paulita as widow, there is nothing in Cebu, B became a widower by the sudden been repealed byat the Family In any case, assets remained the same Code. proportion: SUGGESTED ANSWER: partition? Explain. (2%) exclusive property of her of deceased son. [3%] Failure of the parents tocertificate deliver the in the of title which would raise for death C in a plane crash. Out a of suspicion the union of No, Joey does not have a cause action against Tintin for according to Tintin, Joey's birth does 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 Rafael to make inquiry. He, therefore, is an B and C, two children, X and Y were born. not show that Steve is his father. 1. Under Art. 172 in relation to Art. 173 andArt. Property Relations; Absolute Code, as August a general rule, an action for compulsory before 3, 1988? [2%] subsequent marriage null and void under innocent purchaser for value from whom the Unknown to C while on weekend trips to Manila 175 of the FC, the filiation of illegitimate Community (1994) Article 53 of the Family Code. land may no longer be recovered. during the last 5 established years of their marriage, B children may be 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

CIVIL LAW Answers to the BAR as Arranged by Topics (Year 19902006) in before c) No. the Rafael the same death is way an of innocent and C. Bringing by the purchaser same his family in evidence good later faith 1. recognition Paulita to as Since left Bob the of and an conjugal Sofia illegitimate got home married child because can In 1970, be of the brought then the at

a 5-hectare into Luis legitimate man and marriage that Rizza agricultural nephews thebeen settlements father inheriting living land did not together inbut Oriental approve as collateral they all Mindoro, the shall of is not be and enter question) marrying a had which valid time, relatives) a ground only ie., he since registered can if for the inherit disinheriting twenty person exclusively inyears intestacy. who ago, D. may in Therefore, under (Arts. his give name. consent 992, a valid the In SUGGESTED ANSWER: the the to marriage? 1001, institution year 1OO5 marriage 2000, of and D-l Mila's 975, and are business Civil D-2 made Code) shall venture parties be annulled failed, to the a) Art. 147 of the Family Code provides in part ALTERNATIVE ANSWER: and heras agreement. insofar creditors it(Karla prejudices sued was her still the for alegitime minor P10,000,000.00. at of the D, time and The action of A will not prosper. Being an that when a man and a woman who are After the institution marriage obtaining of a settlement favorable D-l and D-2 judgment, was shall executed only the apply in illegitimate, hemarry is barred by Article 992 of 6809, the of capacitated to each other, live creditors September on the sought free 1988 portion to because execute in the on the the law, spouses' amount R.A. Civil Code from inheriting ab intestato from the exclusively with each other as husband and house reducing P500,000.00. and the lot age Therefore, and of condominium majority D, D-l to and unit, 18 D-2 years as will well took get legitimate relatives of his father. wife without the benefit of marriage or under a a) Discuss the status of the first and into the as Gabby's effect their legitimes on 18 mansion December of P500.000.00 and agricultural 1989). The divided land. marriage Barrier between illegitimate & void marriage, their wages and salaries shall be amended marriage settlements. settlement three equal being parts void, and D-l the and property D-2 (2%) will Relations get a legitimate relatives (1996) Cristina the illegitimate daughter of Jose and SUGGESTED ANSWER: D P166,666.66 owned by them in equal shares and the governing reduced the testamentary marriage is, therefore, disposition absolute of The settlement between Gabby and Maria, died intestate, without any descendant 2. Allmarriage the D-l properties P166,666.66 which + Kevin P250.000.00 and Karla property acquired by both of them through their community P250,000.00 of each. property, Hence, under the shares Art. 75 willof be: the Mila adopting the of conjugal or ascendant. Her valuable estate is being P166,666.66 + P250,000.00 owned at the time of marriage became work industry shall beregime governed by the rules FC. orD-2 partnership of gains still subsists. It is the not claimed by Ana, the legitimate daughter of community property which shall be divided of coownership. In the absence of proof to dissolved by the mere agreement of the Disinheritance; Ineffective; Jose, and Eduardo, the legitimate son of Maria. equally between them at dissolution. Since contrary, properties acquired while they lived spouses during the marriage. It is clear from Preterition (2000) Is either, both, or neither of them entitled to In his last will and testament, Lamberto Kevin owned 50 and Karla. 2 Million, together shall beMillion presumed to have been at1) SUGGESTED ANSWER: Article 134 of the Family Code that in the inherit? Explain. disinherits his daughter Wilma because "she is the time of marriage, 52 Million constituted obtained bythe their Joint efforts, worker Neither Ana nor Eduardo isand entitled to Industry, inherit of absence of an express declaration in the disrespectful towards me raises her voice theirshall community property. Upon the death of A and be from owned by them in equal shares. ab intestato Cristina. Both are legitimate marriage settlement, separation talking to did me", 2) omits entirely his Kevin,who the community wasthe dissolved andspouse half of party not participate in the acquisition relatives of Cristina's illegitimate parents and property between the spouses during the Elvira, 3) leaves a of legacy of P100,000.00 tothe his of the Million or 26 Million is his shall share in by the 52 other party any property be therefore they fall under the prohibition b) Discuss the effects of the said 3. Karla and Luis are the Intestate heirs marriage shall not take place except judicial mistress Rosa and P50,000.00 toinby his driver community. This 26 Million therefore is his deemed to have contributed jointly the prescribed by Art.the 992, NCC (Manuel v. Ferrer, settlements on properties acquired by of Kevin. order. Ernie and 4) institutes his son Baldo as his sole estate. acquisition thereof the former's efforts 427). SUGGESTED ANSWER: 242 SCRA 477; Diazifto v. Court of Appeals, 182 SUGGESTED ANSWER: 4. They are entitled share the estate equally the spouses. (2%) heir. Howin will you and distribute his estate of consisted the care maintenance of the The regime conjugal partnership of gains SCRA The disinheritance Wilma was ineffective under Article of 1001 ofof the NCC. Therefore. Karla P1,000,000.00? (5%) Collation family and of the household. Thus: 1) the governs the properties acquired the because the ground relied upon by the by testator gets 13 Reyes Million and Luis gets 13 Million. (1993) Joaquin bought from Julio Cruz a by wages and salaries of Luis in the amount of the spouses. All the properties acquired does not constitute maltreatment under Article residential lot of the 300 meters in Quezon P200,000.00 shall be square divided equally between spouses ofafter marriage belong to the the 919(6) the New Civil Code. Hence, Property Relations; Obligations; Benefit City for which Joaquin paid Julio the amount of Luis and Rizza. 2) the house and lot valued conjugal partnership. Under Article 116 ofat the testamentary in the will shall be of the Family provisions (2000) P300,000.00, When was about to be P500.000.00 having been acquired by both of Family Code, eventhe if deed Gabby registered the annulled but only to the extent that her As finance officer of K and Co., Victorino prepared Joaquin told Julio that it be be drawn in them through work or shall divided mansion 5-hectare legitime was impaired. arranged aand loan of P5 industry Million agricultural from PNB forland the the name ofin Joaquina Roxas, his acknowledged between them in proportion to their respective The total omission of Elvira does not constitute exclusively his name, still they are presumed corporation. However, he was required by the natural child. Thus, the deed wasthe socompulsory prepared contribution, in consonance with rules on to preterition because she is not a to be to conjugal properties, unless the contrary is bank sign a Continuing Surety Agreement SUGGESTED ANSWER: and executed by Julio. Joaquina then built aheld c) What properties may be co-ownership. Hence, Luis gets 2\5 while Rizza heir in the direct line. Only compulsory heirs in proved. secure the repayment of the loan. The (b) The property relations between Luis and house on the lot where she, her husband and of answerable for Mila's obligations? Explain. gets 3\5 of P500.000.00. 3) the car worth the direct line may be the subject corporation failed to pay the loan, and the bank ALTERNATIVE ANSWER: Rizza, their marriage having been celebrated children resided. Upon Joaquin's death, his (2%) P100,000.00 shall be exclusively owned by preterition. Not having been it preterited, she obtained a judgment against and Victorino, Since all the properties are conjugal, they 20 years ago (under the Civil Code) shall be can legitimate children sought to donated recover Rizza, same having been to her by will be the entitled only to her legitime. jointly and severally. To enforce the judgment, be held answerable for Mila's obligation if the governed by conjugal partnership of gains, The legacy inthe favor of Rosa isthe void under Article possession and ownership of lot, claiming her parents. the sheriff ANSWER: levied on to a farm owned by the SUGGESTED obligation redounded the benefit of the under which the husband and place in aher 1028 for ANSWER: being in consideration that Joaquina Roxas was but a wife trustee ofof their SUGGESTED Yes, because there is a presumed donation in conjugal partnership of Victorino and his wife family. (Art. 121 [3], Family Code) However, common fund the proceeds, products, fruits The levy is not proper there being no showing that adulterous relation with the testator. She the is, father. Will the action against Joaquina favor of Joaquina under Art. 1448 of theRoxas Civil Elsa. Is the levy proper or not? (3%) burden of proof lies with the creditor claiming and income from their separate properties and the surety agreement executed by the husband therefore, disqualified to receive the legacy of prosper? v. Reyes, 27 206 SCRA 437). Code (De losJanuary Santos 1992, against the properties. (Ayala Investment v. those redounded acquired to the by benefit either ofor the both family. spouses An pesos obligation 100,000 pesos. The legacy of 50,000 in However, the Savings donation should be collated to G.R. Homeowners & Loan Bank v. Dailo, Court of Appeals, G.R. No. 118305, February contracted by efforts the husband alone is chargeable through their or by chance, and upon favor of Ernie is not inofficious not having No. 153802, March 11, 2005) the hereditary estate and the legitime of the 12,1998, reiterated in against the conjugal partnership when it was dissolution of the marriage or ofonly the he ALTERNATIVE ANSWER: exceeded the free portion. Hence, shall be other heirs should be preserved. The institution of Baldo, which applies only to contracted for the benefit of the family. When the Except the residential house which is the partnership, the net or benefits obtained entitled to receive it.gains Yes, thefor action against Joaquina Roxas will the free portion, shall be In sum, obligation was contracted on respected. behalf the family family home, all other properties ofof Gabby and by either or both spouse shall be prosper, but only to the extent of divided the aliquot the of Lamberto will be distributed business the law presumes that such obligation will Mila estate may be held answerable for Mila's equally between them 142. Civil Code). hereditary rights of the(Art. legitimate children asas follows: redound to the benefit of the family. However, obligation. the said properties are Thus: 1) The Since salary of Luis deposited in the heirs. Joaquina will be entitled to retain her when own Baldo----------------the obligation was to of guarantee theheld debt of a third conjugal in amount nature, they can (Arts. be liable for bank in the P200.000.00 and the share as an illegitimate child, 1440 and 450,000 party, as in the problem, the obligation is presumed debts Civil and lot obligations contracted during the house and valued P500,000.00 shall be 1453. Code; Art. at 176, F. C.) Wilma--------------for the benefit of the third party, not the Disinheritance vs. marriage to the extent that the family was divided equally between Luis and Rizza. 2)family. 250,000 Hence, for spite the obligation under thewere surety agreement Preterition Maria, to her husband Jorge, whom she benefited or (1993) where the debts contracted However, the car worth P100.000,00 donated 1,000,000 Elvira----------------to chargeable against the partnership it must be suspected was an affair with another by be both spouses, or by one of them, with the to Rizza by her having parents shall be considered to Property Relations; Unions without (Ayala Investment v. Ching, 286 SCRA A family home is a dwelling place of a that person 250,000 proven that the family was benefited and the woman, executed a will, unknown to him, consent of the other. her own paraphernal property, having been Marriage (2000) For five years since 1989, Tony, a bank the ViceALTERNATIVE ANSWER: 272) and hiswas family. Itthe confers upon a family Ernie----------------benefit a lucrative direct result of such agreement, bequeathing all properties she inherited acquired by title (par. 2, Art. 148, right Civil The disinheritance of Wilma was effective because president, and Susan, an entertainer, lived Property Relations; Unions without to enjoy which must remain with 50,000 from hersuch parents, to of her sister Miguela. Upon disrespect of, andproperty, raising voice to, her father constitute Code). together as husband wife without the Marriage (1992) In 1989, Rico, then aand widower forty (40) years the person constituting it as a family home and maltreatment under Article 919(6) of the New Civil Code. her death, the will was presented for probate. benefit of marriage although they of cohabited with a were widow thirty She age, is, therefore, not entitled toCora, inherit anything. Her his heirs. It cannot be seized by creditors Jorge opposed probate of the will on the ground capacitated inheritance will to goage. many to the other each legal other. heirs. Since The total Tony's (30) years of While living together, they except in special cases. (Taneo, Jr. v. Court of that the will was executed by his wife omission of Elvira is not preterition because shewithout is not a salary was more than enough for their needs, acquired from their combined earnings a parcel Appeals, G.R. No. 108532, March 9, 1999) his knowledge, much less consent, and that it compulsory heir in the direct line. She will receive only her Property Relations; Susan stopped working andMarriage merely "kept of riceland. legitime. The legacy his in favor of RosaAfter is voidall, under deprived him legitime. heArticle had After Rico andof Cora Rico lived Settlements (1991) house". During that separated, period, Tony was able to given her no cause for disinheritance, added SUGGESTED ANSWER: together Mabel,in aa maiden sixteen (16) buy a lot with and house plush subdivision. Jorge opposition. years in of his age. While living Tony and Susan However, after five years, decided to separate.

CIVIL LAW Answers to the BAR as Arranged by Topics (Year 19902006) Thereafter, who (b) legitimate This according is What a case relatives Gabby would to oflaw acquired ineffective of your may C (i.e. answer contract a the mansion disinheritance children be marriage (to inof Baguio the Dmay as because above C's City, also a) Bar together, How 1028 Who Candidates will for will you being Rico be rule was entitled in Patricio on consideration a Jorge's salaried to Mahigugmaon the opposition house employee of her and adulterous and to and lot? the Rowena Mabel (3%) probate
with the testator. She is, therefore, disqualified to last receive SUGGESTED ANSWER: that decided house Maria's governs for will. to Rico marry Ifis you and the each were did New full-time other the Civil Judge? before Code household (Persons), the day in Amor kept relation of the legacy. Ernie will receive the legacy in his favor Tony and Susan are entitled to the house and SUGGESTED ANSWER: which of the 1991 chores case, for him. Bar the During Examinations. property their relations cohabitation, They that agreed should a to because it is not inofficious. The institution of Baldo, which As Judge, Ias shall rule as follows: Jorge's lot as coowners in equal shares. Under Article be execute parcel applied ofa coconut Marriage regards land Settlement. was the acquired Rowena by Rico herself of the applies only to the free portion, will be property respected. In sum, opposition should be sustained in part and 147 of Family Code, when a man and a spouses prepared from histhe is savings. the the document system of in relative her own community handwriting. or the estate of Lamberto shall be distributed as follows:

denied in part. Jorge's omission as spouse of woman who are capacitated toa marry each After together for (1) year, Rico conjugal They living agreed partnership on the following: of one gains (1) (Article conjugal 119,and Civil Maria is notconjugal preterition of a met compulsory in other lived exclusively with each other as Mabel separated. Rico then and Code). partnership By of gains; partnership (2) each donates of married gains, to heir thethe Heir Legitime Legacy Institution TOTAL the direct line. Hence, Art. 854 of theduring Civil husband and wife, the property acquired Letty, a single woman twenty-six (26) years of husband other fifty and percent the wife (50%) place of his/her in a common present fund Code does not apply, and the institution of their cohabitation are presumed to have been age. During the marriage of Rico and Letty, the property, fruits (3) of Rowena their separate shall administer property the and the Baldo 500,000 200.000 700,000 Elvira 250,000 Miguela as is joint valid, but only to the extent obtained byheir their efforts, work or industry Letty bought a mango orchard out of her own income conjugal from partnership their work property; or Industry and (4) (Article neither 142, 250,000 Ernie 50,000 50,000 TOTAL 750,000 of the free portion of one-half. Jorge is still and shall be owned by them in equal shares. personal earnings. a) Who would own the Civil may Code). bring an In action this instance, for the annulment the lot inherited or by 50,000 200,000 1,000,000 ALTERNATIVE ANSWERS: entitled to one-half of the estate as his This is true even though the efforts of one of riceland, and what property Relations governs Bob declaration in 1975 of is nullity his own of their separate marriage. property, Both he a) As As Judge, I shall rule as follows: Jorge's A. to form, is the Marriage Settlement legitime. (Art. 1001, Civil Code) them consisted merely in his or her care and the ownership? Explain. b) Who own the having signed the acquired the same the presence bywould lucrative of two title opposition should be in sustained part and b) Would itagreement make any difference ifin Tony could valid? May it be registered in the Relations registry of maintenance of the family and of the ANOTHER coconut land, ALTERNATIVE and what ANSWER: property (par. (2) witnesses. 2, Art. 148, They did Civil not, Code). however, However, the denied in part. This is a case of ineffective not marry Susan because he was previously property? If not, what steps must be taken to Same answer as the first Alternative Answer household. governs the ownership? Explain. c) Who house acknowledge constructed itunder before from a notary his of own public. in disinheritance Art, 918 the Civil Code, married to Alice from whom he savings is solved legally B. Are the stipulations make it registerable? except as to distribution. Justice Jurado would own the mango orchard, and what 1981 during the subsistence of his marriage SUGGESTED ANSWER: because the omission of the compulsory heir ANOTHER SUGGESTED ANSWER: ANSWER: separated? (2%) C. If the Marriage Settlement is valid as to valid? this problem differently. In his opinion, the property Relations governs the ownership? with Issa is conjugal property and not exclusive Yes, it would make a difference. Under Article Jorge by Maria was intentional. Consequently, 1. (a) Rico Sofia, and being Cora her are deceased the co-owners son's of legal the heir form and the above stipulations are likewise legitime of the heir who was disinherited is Explain. property in accordance with the principle of 148 of the Family Code, when the parties to the the institution of Miguela as heir is void only concurring riceland. The with Relations his surviving is that spouse of co-ownership (Arts. 985, valid, does it now follow that compulsory said Marriage distributed among the other heirs "reverse accession" provided for in Art. 158, cohabitation could not marry each other insofar as the legitime of Jorge is prejudiced. 986 SUGGESTED (Art. and 147, 997, Family ANSWER: Civil Code, Code), first may paragraph). rightfully claim Settlement is to valid and enforceable? in proportion their respective legitimes, while Civil Code. because (Optional of an Addendum: impediment, However, only after those A. Yes, it house is valid as form because it isRico's in Accordingly, Jorge isto entitled to his legitime of that the and lot are not conjugal but his share in the intestate portion. If any, is b) As Judge, I shall rule as follows: Jorge's marriage to Letty, the half interest of Rico properties acquired by both of them through writing. No, it cannot be registered in the one-half of the the estate, and Miguela gets the belong to hereditary estate of Bob. The distributed among the other legal heirs by in the riceland will then become absolute opposition should be sustained. This a case their actual joint contribution of money, registry of property because it is not a is public other value half. of the land being more than the cost of accretion under Article 1018 of the NCC in community property of Rico and Letty.) of preterition under Article 854 Civil Code, the property, or Industry shall be owned by them in document. To make it registerable, it must be the improvement (Art. 120, Family Code). (b) Rico the exclusive owner ofas the coconut proportion to their respective shares. SUGGESTED ANSWER: result ofisthe omission Jorge compulsory common in proportion to intestate their respective reformed and has to be of notarized. Hei Legiti Distribution SUGGESTED ANSWER: land. The Relations is would ashall sole/single In sum the distribution asbe follows: 2. Yes, the answer still the parties same. heir having the right equivalent to a contributions. Thesame efforts ofbe one of the r me B. Stipulations (1) and (3) are valid because proprietorship (Art. 148. Family Code, first Since Bob and Issa contracted their marriage legitimate child "in theLegacy direct line" is that total in maintaining the and household are not of family TOTAL they are not to law. Stipulation (4)the is paragraph is contrary applicable, and not Art. inherit 147 Since Susan did then not contribute to way back in 1970, the property relations intestacy will arise, and Jorge will the Wilmas Institution considered adequate contribution in the (Optional Addendum: However, after Rico's void because it is contrary to law. Stipulation c) As Judge, I shall rule as follows: the Family Code). acquisition of the house and lot, she has no Legitim that will govern is still the relative community entire estate. acquisition of the properties. marriage Letty, the coconut land of Susan Rico (2) is valid up toto e 1/5 of their respective present opposition should be denied it119, is share therein. If Tony cohabited with or conjugal partnership of gains since (Article will then become absolute community Bal 250,00 125,000 200,000 575,000 properties but void as to the excess (Art 84, predicated upon causes not recognized law after his legal separation from Alice, theby house Civil Code). It will not matter if Bob died before do 00 property of Rico and Letty.) Family Code). 1 lot that the will was made without his as grounds forhis disallowance ofproperty. a wll, to wit: and is exclusive he or August 3. are 1988 (effectivity date of the Wil (250.0 (c) after Rico and Letty the co-owners. The If SUGGESTED ANSWER: knowledge; cohabited with Susan before his legal ma 00) Family Code], what matters is the date when Relations is the Absolute Community of C. No. on September 15, 1991, the marriage Elvi 250,00 125.00 375.000 2 that the contracted. will was made without his separation from Alice, the house lot the marriage was As Bob and Issa Property (Arts, 75,90and9l, Family Code). settlement is not yet valid and enforceable ra 0 0 consent; and belongs to his community or partnership with contracted their marriage way back in 1970. until the celebration the marriage, to take Ern 50,000 50.000 ANOTHER ANSWER: 3 that it hasof the effect of depriving Alice. the property relation that governs them is still Property Relations; Unions without place before the last day of the 1991 bar 2. If Bob died be fore August 3, 1988. which is him of his legitime, which is a ground that the conjugal partnership of gains. (Art. 158, Marriage (1997) Luis and Rizza, both 26 years of age and single, Examinations. the goes dateinto the Family Code took effect, the Amount of Successional the intrinsic validity of the will and Property Marriage Civil Code)Relations; live exclusively with each other as husband answer will Mrs. not be the same. Art. 158. Civil Rights (2004) Mr. XT and YT have been married for 20 and need not be resolved during the Settlements (1995) On 10 September 1988 Kevin, a 26-year old wife without the benefit ofThe marriage, Luis is Code, would then apply. land would then years. Suppose the wife, YT, died childless, probate proceedings. However, the lass of businessman, married Karla, a winsome gainfully employed, Rizza is not employed, be deemed along with the house, survived onlyconjugal, by her husband, XT. What would opposition may be entertained for, the 18. Without the knowledge of their parents or stays at home, and takes charge of the since conjugal funds were used in constructing be purpose the share of XT to from her estate as of securing the husband his legal guardians, Kevin and Karla entered into household chores. After living together for a SUGGESTED ANSWER: it. The husband's estate would be entitled to a inheritance? Why? Explain. (5%) right to the legitime on the theory that the an the before little over years, Luis was able totheir save Under thetwenty Civil Code, the widow or widower is d) ante-nuptial As Judge, I contract shall rule asday follows: Jorge is reimbursement of the value of the land from will constitutes an ineffective disinheritance marriage stipulating that conjugal partnership Property Relations; Marriage Settlement; from his salary earnings during that period the a legal and compulsory heir of the deceased entitled to receive his legitime from the estate conjugal partnership funds. under Art. 918 of the Civil Code, of shall govern their marriage. At Conjugal Partnership of Gains (2005) amount of P200,000.00 presently deposited in a spouse. If the widow is the only surviving heir, of gains his wife. He was not disinherited in the the will time of their marriage Kevin's estate was worth Gabby and Mila got married at Lourdes Church bank. A house and lot worth P500,000.00 was there being no legitimate ascendants, even assuming that he gave ground for 50 Million while Karla's was valued at 2 Million. in Quezon City on July 10, 1990. Prior thereto, recently purchased for the same amount by descendants, brothers, and sisters, nephews disinheritance, hence, he is still entitled to the his A month after their marriage Kevin died in a they executed a marriage settlement whereby couple. Of the P500.000.00 used by the and nieces, she gets the entire estate. legitime. Jorge, however, cannot receive Barrier between illegitimate & freak helicopter accident. He left no will, no they agreed on the regime of conjugal common-law spouses to purchase the property, anything from the free portion. He cannot claim legitimate relatives (1993) A is the acknowledged natural child of B who debts, no obligations. Surviving Kevin, aside partnership of gains. The marriage P200.000.00 had come from the sale settlement of palay preterition as he is not a compulsory heir in the died from when Karla, A are was his already only relatives: 22 no years his old. brother When was in the Register of Deeds of harvested from the hacienda owned by Luis and direct line. There being preterition, the Kevinregistered and Karla? Explain. 2) Determine the B's full blood brother, C, died he (C) was Luis and first cousin Lilia. 1) What property Manila, where Mila is a resident. In 1992, they P300,000.00 from the rentals of a building institution of the sister was valid and the only value of the estate of Kevin, 3) Who are Kevin's survived Relations Disinheritance; by governed widow the and marriage four children of of hisas jointly acquired a claim residential house andof lot, belonging tohis Rizza. In fine, the sum right of Jorge ismuch to legitime. heirs? 4) How is his each of Kevin's other brother D. Claiming that he is entitled to Ineffective (1999) Mr. Palma, widower, has three daughters D, D-l well as a condominium unit in Makati. In 1995, P500.000.00 heirs entitledhad to been part of the fruits inherit from his father's brother C. A brought andinherit? D-2. He executes a of Will disinheriting D they decided to change their property relations received during the period cohabitation from suit to obtain his share in the estate of C. Will because she married a man he did not like, to the regime of complete separation of their separate property, a car worth SUGGESTED ANSWER: SUGGESTED ANSWER: his action prosper? and instituting daughters D-1 and D-2 asthen his property. Mila consented, as she was 1. Since the marriage settlement was entered P100.000.00. being used by the common-law No, the action of A will not prosper. On the heirs to under his entire estate of P 1,000,000.00, engaged in a lucrative business. The spouses into without the consent and without the spouses, was donated months ago to Rizza (a) How, the law should the bank deposit premise that B, C Just and D are legitimate Upon Mr, Palma's death, how should his estate then signed a private document dissolving their participation of the parents (they did not sign by her parents. Luis and Rizza now decide to of P200,000.00 house and lotof valued at brothers, as an the illegitimate child B, A cannot SUGGESTED ANSWER: be divided? Explain. (5%) conjugal partnership and agreeing on a the document), the marriage settlement is terminate their cohabitation, and they ask you P500.000.00 and the car worth be inherit in intestacy from C whoP100.000.00 is a legitimate complete separation of property. invalid applying Art. 78, F.C. which provides to give them your legal advice on the following: allocated brother ofto B.them? Only the wife of C in 41 her of own right Page 119 that a minor and the

SUCCESSION

CIVIL CIVIL LAW LAW Answers Answers to tothe the BAR BAR as Arranged Arranged by byTopics Topics(Year (Year 19901990(c) X =aside 1/2 representation of B Mr. C=l/2 Y follows = 1/4 2006) 2006) died, Eugenio c) Since spouse he the (Dela was has total succeeded Merced in legitime the v. succession Dela by of the his Merced, compulsory surviving the same Gr No. wife heirs share 126707, is be legitime 5M as set inherited of by the as by legitimate Mario's Mrs. Luna conjugal children from share and Luna from it will the be that property. from her by The her otherlegitimate half, to one million pesos, is by representation of Camounting 25 P750,000.00, each of the children, the c) balance C has of noP250,000.00 share is legitime of one child is P100,000. Irma, that and of his legitimate unborn child. They community the inherited February 1999).
ALTERNATIVE ANSWER: because the free his portion. father is still alive hence divided the estate equally between

her parents. conjugal share (net estate), and should be distributed The legitime, therefore, of the oldest son is them, the to her heirs. Applying the provision of law, It depends. If Antero was not acknowledged by (d) X intestate - 1/3 if in hischild own right Y-above 1/3 in his own However, the had intra-uterine of succession by representation not apply P100,000. However, since the donation given child excluding the parents ofshall Isidro. An unborn Michelle and Jorelle, Tessie's nieces, are entitled life to oneAntonio, the motion to dismiss should be right 2 - 1/3 in his own right Legitime; Compulsory Heirs vs. Secondary d) D inherits P30.000 which is all the share of lessof than 7 months, half of the estate of Mr. (Art. him was P100,000, he has already received child 975). is considered born for purposes half her conjugal share worth one million pesos, or in granted because Antero is a legal heir of 500,000 pesos, the inherited other one-half amounting to Compulsory Heirs (2005) his father E who predeceased by virtue of The Luna, or 5M, while will be by the widow full his legitime and he will not receive favorable to it provided it not isT born later. P500,000 will go to Mario, Tessie's surviving spouse. Article 977 of the Civil Code provides that heirs Antonio. If Antero was acknowledged, the Emil, the testator, has three legitimate Art. 981 on the right of representation. (Mrs. Luna), while the other half, or 5M, will be anything anymore from the decedent. The child was considered born because, having an Michelle and Jorelle are then entitled to P250,000 pesos who repudiate their share cannot be motion should be denied because Article 992 is e) F has no share because his a father G children, Tom, Henry and Warlito; wife inherited by the parents of Mr. Luna. Upon remaining P900,000, therefore, shall go to the intra-uterine life of more than seven months, it each as their hereditary share. represented. ALTERNATIVE not This is because Antero is repudiated inheritance. Under Article 977 named Adette; parents named Pepe and Pilar; death of Mrs.ANSWER: Luna, her estate of 5Min will be four younger children by institution the will, lived applicable. for athe few minutes after its complete Intestate Assuming that the donation is valid as to form claiming his inheritance from his illegitimate heirs whoIt repudiate their share may it not beborn an illegitimate child, Ramon; brother, Mark; inherited by her own parents. to be divided equally among them. Each will delivery. was legitimate because was Intestate Succession; Reserva Succession (1997) "T" died intestate on 1 September 1997.He was and substance, Juan cannot invoke preterition father, not from Eugenio. Legitime represented. and a sister, Nanette. Since his wife Adette is receive P225,000. within the valid marriage of the parents. Troncal (1999) Mr. Luna died, leaving an estate of Ten Million survived by M (his mother), W (his widow), A because he actually had received a donation Intestate Intestate (1997) "X", the decedent, was survived by W (his well-off, he wants to leave toit. his illegitimate Succession is favorable to When the child (P1 0,000,000.00) Pesos. His widow gave birth and B vivos (his legitimate C (his inter from (III grandson, Tolentino Succession (1998) Succession (1999) Enrique died, leaving athe net hereditary estate of Mr. and Mrs. Cruz, who are childless, met with widow). A (his son),the Bchildren), (a testatrix granddaughter, being child as much of his estate as he can legally died, Irma inherited share of the child. to a child four months after Mr, Luna's death, being the motor legitimate son of B), D (his other 188,1992 ed.). He would only have a right to a P1.2 million. He is survived by his widow, three a serious vehicle accident with Mr. Cruz the daughter of A) and C and D (the two do. His estate has an aggregate net amount of However, the share of the childafter in the hands of but the child died two five hours birth. Two ALTERNATIVE ANSWER: grandson, being the son ofunder Eseated whoArt. was a of completion ofand his legitime 906 the legitimate children, legitimate at the wheel Mrs. Cruz beside him, acknowledged illegitimate children of the Pl,200,000.00, and all the above-named Irma is marriage subject to isreserva troncal for the If the void. Irma has no days after the child's death, the widow of Mr. legitimate son of, and who predeceased, "T"), Civil Code. The estate should be divided equally grandchildren sired by a legitimate child to who resulting in"X" thedied instant of Mr.leaving Cruz. Mrs. decedent). this death year (1997) a relatives are still living. Emil now comes you benefit of the relatives of the child the successional rights with respect to within Isidro from but Luna also died because she had suffered SUGGESTED ANSWER: and F was (his grandson, being the son of G,but a among the five children who will each receive predeceased him, and two recognized Cruz still alive when help came she net estate of P180,000.00. All were willing to for advice in making a will. How will you third degree of consanguinity and who belong P600,000.00 legitime to be divided equally she would have successional rights with SUGGESTED ANSWER: difficult childbirth. The estate of estate Mr. Luna is legitimate son who repudiated thehospital. inheritance P225,000.00 the total hereditary illegitimate children. Distribute the in also diedexcept on because the way to the The succeed, A who repudiated the distribute his estate according to his wishes to the line of Isidro. Under the theory of Concurrence, the shares between Tom, Henry and Warlito as the respect to [5%] the child. by his parents, and the now being claimed from "T"). His distributable net estate is estate, after collating the donation to Juan (Art. intestacy. couple acquired properties worth One Million inheritance from his father, and they seek your without violating the law on testamentary SUGGESTED ANSWER: Heirs; Intestate Heirs; are as follows: (legitimate = P200,000 legitimate children. Each willchild) be to parents of his Awidow. Who is entitled to Mr. P120.000.00. How should this amount be actual 1061, CC), would be P1 million. Inexpect the (P1,000,000.00) Pesos during their marriage, legal advice on how much each can to succession? (5%) Half of the estate of Mr. Luna will go to the SUGGESTED ANSWER: ANSWER: Shares (2003) Luis was survived by two legitimate children, SUGGESTED B (legitimate child) = P200,000 C (legitimate P200,000.00. (Art. 888, Civil Code) P100,000.00 Luna'a estate and why? (5%) shared in intestacy among the surviving heirs? distribution of the net estate, Juan gets nothing which are being claimed by the parents of both receive as their respective shares in the parents of Ramon Mrs. Luna as their inheritance legal heirs are A, B, D, and W. C is nothing Preterition; Compulsory The heirs are B, W, C get and D. A inherits two illegitimate children, his parents, two The SUGGESTED ANSWER: child) = of P200,000 D (legitimate child) =and O from -share the illegitimate child. while his in siblings will P225,000.00 each. spouses equal shares. Is the of both distribution of the estate. Give your answer. Mrs. Luna, while the other half will be inherited excluded by B who is still alive. D claim inherits Heir (1999) (a) No, the claim of both parents is not valid. of his renunciation. B inherits a in brothers. He left an estate of P1 Luis because (predeceased] E (legitimate child D)million. = Equivalent to 1/2 of the share ofof each sets of parents valid and why? (3%) by the parents of Mr. Luna as the F reservatarios representation of E who predeceased. F is When Mr. Cruz died, he was succeeded by his Mr, Cruz, widower, has legitimate legitime of P90.000.00 as thethree nearest and only died intestate. Who are his intestate heirs, and (a) P100,000 - by right of representation (legitimate legitimate child. (Art. 176, Family Code) of the reserved property inherited by Mrs. Luna excluded because of the repudiation of G, the wife children, and A, his B parents and C. He as executed his intestate a Will heirs who legitimate descendant, inheriting in his own how much the share ofright each hisshare estate? child of D) =is P100,000 - by ofin representation P200,000.00 Adette the wife. Her is T. The answer may beequally. premised on two from SUGGESTED her child. ANSWER: predecessor. M isheirs excluded by the legitimate will share his estate His estate instituting as his to his estate of right not by representation because ofOne A's was G (illegitimate child) = P100,000 - legitimate 1/2 share of the equivalent to the share of one child. When Mr. Luna died,are his the heirs were his wife and The intestate heirs two (2) legitimate theories: the Theory of Exclusion and the in children of 0.5 Million Million (P1,000,000.00) pesos which Pesos is his his half two share children the A legitimate child H (illegitimate child) = P100,000 renunciation. W gets a legitime equivalent to (Art. unborn 892, par. 2, Civil Code) the child. The unborn child inherited children and the two (2) illegitimate children. Theory of Concurrence. Pepe and Pilar, the parents are only secondary absolute community amounting to 1 Million 1/2 share of the legitimate child W (Widow) = and B, and his friend F. Upon his death, how one-half (1 / 2) that of B amounting to P45.000. ANOTHER ANSWER: because the inheritance was favorable to if it the and Under the Theory of Exclusion the legitimes In intestacy the estate of the decedent is (b) In the preceding question, suppose Mr. Cruz compulsory heirs and they cannot inherit P200.000 - theory same share as legitimate child Pesos. should Mr. His Cruz's wife, estate will, therefore, be divided? inherit Explain. C and D each gets a legitime equivalent to O.25 oneUnder the of Exclusion the free portion it was born alive later though it lived only for of the heirs are accorded them and the free divided among the legitimate and illegitimate instituted his two children A and B as his heirs primary compulsory heirs (legitimate children) Million Pesos parentsto will inherit 0.25 (3%) half (1/2) that and of B his amounting P45.000.00 (P300,000) is distributed only among the -half the (Art. share of each legitimate five hours. Mrs. Luna inherited half of the 10 portion will be given exclusively to the children such that share When Mrs. Cruz died, she was succeeded in his Will, but gave a legacy of P 100,000.00 to are alive. 887, par. 2, Civil Code) Million Pesos. legitimate children and is the given to them in each each. But since the total exceeds the entire by Their share are : For each legitimate child. Million estate while the unborn child inherited legitimate descendants. Hence under the illegitimate child is one her parents as her intestate heirs. They will his friend F. How should the estate of Mr, Cruz addition to their legitime. All other Intestate heirs estate, their legitimes would have to be child P333,333.33 For each ALTERNATIVE the other half. When the child died, Exclusion Theory: A will get P20.000.00. and P 0.5 Brother Mark and sister Nanette are not it was inherit all ofANSWER: her estate of her be divided upon his death? Explain, (2%) are entitled only to their respective legitimes. The reduced corresponding toconsisting P22.500.00 each illegitimate child P166,666.66 INTESTATE survived by its mother, Mrs. Luna. As the only 13.333.33 (1/3 of the free portion) B willcommunity get P compulsoryis heirs since they are Portion not included Million half share in the absolute distribution as follows: Heirs; Intestate Heirs; Reserva Legitime Free Total (Art. 895. CC). The total of all of these amounts (Article 983, P150.000 New Civil Article Family SUCCESSION 20,000.00. and P13. ESTATE: 333.33 inheritance (1/3 of the free heir, Mrs. Luna inherited, by operation of law, in[legitimate the enumeration under Article 887 of 176, the A child) + Code; P 75,000 - P225.000 and her 0.25 Million from her Troncal (1995) Isidro and Irma, Filipinos, both 18 years of age, to P180.000.00. W(widow gets 1/2 share) P90.000.00 (Art. 998) ACode) B {legitimate child) + P150.000 - its 5 Million portion) D will get P20.000.00. and P13. 333.33 P180,000.00 the estate theP150.000 child consisting of Civil Code. of husband, or a is total of 0.750 Million Pesos. were passengers of Flight No. 317 of Oriental W, the widow limited to the legitime of Intestate (son who repudiated his inheritance) None Art. P225.000 C (legitimate child) P150.000 + P 75.000 (1/3 of thethe free parents portion) of Mr. Cruz will inherit In sum, The remaining balance of P300,000.00 isof the inheritance from Mr. Luna. In the hands Mrs. Airlines. TheUnder plane the they boarded was of Theory of 977) None C(Acknowledged P225.000 D (legitimate child) 0 0 children: 0 E (legitimate child Succession (1992) F had three (3) legitimate A,child B, and C. B P20.000.00 has B - (Granddaughter) 250,000 Pesos while the parents of Mrs. Cruz free portion which can be given to the Luna, what she inherited from her was of D) P 75,000 + P35.500 P112,500 F (legitimate Philippine registry. While en route from illegitimate child) P45.000.00 (Art.998) D - Manila Concurrence . In addition to their legitimes, (1) legitimate child X. C has two (2) legitimate one will inherit 750,000 Pesos. illegitimate child Ramon as an instituted heir. subject to reserva troncal for the benefit of the child of D) P 75.000 + P 37.500 - P112,500 G (Acknowledged illegitimate child) P45,000.00 (Art. to Greece some passengers hijacked the plane, the heirs of A, B, D and W will be given equal children: and Z. F and A0given rode together in a of Intestate (Art. 914,Y Civil Code) If so by the relatives of the child within the third degree (illegitimate child) P 75.000 -P 75,500 H 998) The acknowledged illegitimate child gets 1/2 A: P20.000.00 plus P10.000.00 (1 /4 of the free held the chief pilot hostage at the cockpit and shares in the free portions: car and perished together the same time Succession (2000) Eugenio died without issue, leaving several (illegitimate child) P 75.000 0 belong -at P 75,500 W decedent, Ramon would receive a total of inof consanguinity and who to the family of the share ofto each legitimate child. B: P20,000.00 plus P10.000.00 (l/4 of the free portion) ordered him fly instead to Libya. During the When Mrs. Luna died, she was survived by her a vehicular accident, F and A died, each ofcame (Widow) P150,000 0 -P150.000 Preterition parcels of landplus in Bataan. He was survived by P400,000.00. Mr. Luna, the line where the property C: P20,000.00 P10.000.00 of the portlon) Isidro suffered a heart (1/4 attack and free was parents as her only heirs. Her parents will hijacking them leaving substantial estates in intestacy. (2001) Because her eldest son Juan had been Legitime; Compulsory Antonio, his legitimate brother; Martina, the from. W: P20,000.00 plus P10,000.00 (l/4 of was the free portion) on the daughter verge of death. Since Irma already a) Who are the capital intestate heirs of F?Million What she are their inherit herher estate consisting of the 5 pestering for to start a business, Heirs (2003) only his predeceased sister Luis was survived of by two legitimate children, Intestate portion) Alternative Answer: Shares in Intestacy Teight months pregnant by Isidro, she pleaded respective fractional shares? inherited from Mr. Luna. The other 5 Million she Josefa gave him P100,000. Five years later, Mercedes; two illegitimate and children, five legitimate his parents, children and two of Succession (1998) Tessie died survived by her husband Mario, decedent Estate: P120.000.00 Survived by: M b) Who are the intestate heirs of A? What are their to the hijackers topredeceased allow the assistant pilot to inherited from her child will be delivered to the Josefa died, leaving a last will and testament in Joaquin, another brother. Shortly brothers. He left an estate of P1 million. Who and two nieces, Michelle and Jorelle, who of arethe Mother............................None W - Isidro. Soon after respective shares? solemnize her marriage with parents ofinstituted Mr. fractional Luna as beneficiaries which she only her four younger after are theEugenio's compulsory death, heirs ofAntonio Luis, how also much died, is the legitimate children of an elder sister who Widow.............................P 30,000.00 A -the c) If B and C both predeceased F, who are Fs the marriage, Isidro expired. As plane reserved property. children as her sole heirs. At the time of her leaving three legitimate children. the legitime of each, and how much is the free had predeceased her. The only property she Son.................................P 30,000.00 B In intestate sum, 5 Million Pesos Mr. Luna's estate will heirs? What areof their respective fractional landed in Libya Irma gave birth. However, the SUGGESTED ANSWER: death, her only properly and left was P900,000.00 Subsequently, portion of his estate, Martina, if any? the children of (son Joaquin - Grandson of leftto behind was lot worth two they inherit in Luna, their own the right by compulsory go the parents of Mrs. while other or Son.................................P30.000.00 shares? Doa house baby died a few minutes after complete The heirs are theC two legitimate in a bank. Juan opposed the will on the ground and the children of Antonio executed an B).............None D Grandson (son of E who predeceased million pesos, which Tessie and her husband Explain yourwill answer. representation? 5 Million Pesos go to the parents of Mr. delivery.and Back in two the Philippines Irma children the illegitimate children. Theof of preterition. How should Josefa's estate be extrajudicial settlement of the estate T)................P 30,000.00 F - Grandson (son of G who ALTERNATIVE ANSWER: had with therepudiated use of Mario's savings d)acquired If Breservatarios. and C both their shares in Luna as SUGGESTED ANSWER: Immediately filed a it claim for legitimate inheritance. The parents are excluded by the children, divided If the child among had an intra-uterine her heirs? life State of not briefly less than the 7 the Eugenio, dividing among themselves. The repudiated the Inheritance from"T").......................None from his income as a doctor. How much of the estate of F who are F's intestate heirs? There was no preterition of the oldest son parents of Isidro opposed her claim contending while the brothers are not compulsory heirs at months, it inherited from the father. In which case, the SUGGESTED ANSWER: reason(s) for your answer. (5%) succeeding year, a petition to annul the property or its value, if any, may Michelle and What are their respective fractional shares? because the testatrix donated 100,000 pesos estate of 10M be divided equally between the child and that the marriage between her and Isidro was Article 1001 ofwill the Civil Code provides, "Should brothers all. Their respective legitimate are: a) The extrajudicial settlement was filed by Antero, an Jorelle claim as heirs. theirUpon hereditary shares? [5%] Explanation: Do they inherit in their own right or the widow as the death of the child, its by and sisters or legal their children survive with the widow or to him. This donation is considered an advance void ab initio on the following grounds: (a)is they legitime of the two (2) legitimate children one illegitimate son of Antonio, who claims he is SUGGESTED ANSWER: share of 5M shall go by operation of law to the mother, a) The mother (M) cannot inherit from T widower, the latter shall be entitled to one-half of the Explain your answer, half of the consent estate (P500,000.00) to be onrepresentation? the son's inheritance. There being no had not (1/2) given their to the marriage of divided (a) B shall = be which subject to reserva Under 891, to entitled to share in the estate of Eugenio. The inheritance and the brothers and troncal. sisters or their Art. children because under Art. 985 the ascendants shall SUGGESTED ANSWER: between them equally, or each. b) preterition, the institutions in the will shall be their son; (b) there wassuccessional noP250,000.00 marriage rights license; (c) reserva is in favor ofgross relatives belonging to the half." Tessie's estate consists ofthe a house 2. Does Irma have any atthe 1/2 other defendants filed a motion to dismiss on inherit in default of legitimate children and The motion to dismiss should be granted. legitimate of each illegitimate child is onerespected but the legitime of the oldest son paternal line and who are within 3 degrees from the child. the solemnizing officer had no authority to and acquired during herrepresentation marriage, making part the (b) lot B= 1/2 Z = 1/4 by ofitC C=of 1/2 all? Discuss fully. ground that Antero is barred byAntero Articlechild 992 of b) The widow's share is P30.000.00 descendants of the deceased. Article 992 does not apply. is not the legitime of each legitimate or The parents ofof Mr, Luna are entitled to the said reserved half(1/2) community property. Thus, of property has to be completed ifone-half he received less. perform the marriage; and, (d) the solemnizing SUGGESTED ANSWER: Article 982 the Civil Code provides that the Civil Code inheriting from because under Art, from 996 it states that if theHethe portion which as they are 2 degrees related from After collating the donation of P100.000 to the would have to is 5M claiming any inheritance from Eugenio. P125,000.00. 2. Irma to the estate of Isidrowith as is officer didsucceeded not file an affidavit of marriage grandchildren inherit by right of child. The legitimate brother of his father. How will widow or widower and legitimate children oryou remaining property of P900,000, the estate of claiming his share in the inheritance of his his spouse to the estate of her the surviving proper civil registrar. representation. resolve the motion? (5%) descendants are left, the surviving the testatrix is P1,000,000. Of this amount, father consisting of his father's share in the legitimate child. When Isidro one-half or P500,000, is the inheritance of

SUGGESTED ANSWER:

(a) Assuming that the institution of A, B and F were to the entire estate, there was preterition of C since C is a compulsory heir in the direct line. The preterition will result in the total annulment of the institution of heirs. Therefore, the institution of A, B and F will be set aside and Mr. Cuz's estate will be divided, as in intestacy, equally among A, B and C as follows: A - P333,333.33; B - P333.333.33; and C (b) On the same assumption as letter (a), there P333,333.33. was preterition of C. Therefore, the institution of A and B is annulled but the legacy of P100.000.00 to F shall be respected for not being inofficious. Therefore, the remainder of P900.000.00 will be divided equally among A, B and C.

an court heir since made his lands for 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 SUBSTITUTION proceedings held is the in signing said deeds, there is a valid partition Lahore before of appointment a Pakistani another court. heir so Which that court he may inter vivos between the mother and her has jurisdiction enter into the inheritance and is the proper in default venue of the for the heir children which cannot be revoked by the intestate proceedings? originality instituted. (Art. The 857, lawNCC). of which mother. Said deeds of sale are not contracts B. In ashall SIMPLE SUBSTITUTION the entered into with respect to future inheritance. country govern succession to of his heirs, estate? SUGGESTED ANSWER: one or more persons to "It would be unjust for the mother to revoke testator designates (5%) In so far as the heirs properties of the substitute the instituted indecedent case such heir the sales to a son and to execute a simulated located the Philippines arehim, concerned, they or heirsin should die before or should not sale in favor of a daughter who already are governed by Philippine law (Article 16, Civil wish or should be incapacitated to accept the benefited by the partition." SUGGESTED ANSWER: Code). Under Philippine law, the proper venue inheritance. In a FIDEICOMMISSARY C. Yes, under Arts. 51 and 52 of the New for the settlement of the estate is the domicile SUBSTITUTION, the testator institutes a first heir Family Code. In case of legal separation, of the decedent atto the time of his death. Since and charges him preserve and transmit the annulment of marriage, declaration of nullity of the decedent last in Cebu City, that is whole or part of resided the inheritance to a second marriage and the automatic termination of a the proper venue for the intestate settlement heir. In a simple substitution, only one heir subsequent marriage by the reappearance of However, the successional rights to the estate 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 Code. C. Betina 869, NCC)has a cause of action against Divino. Art, 51. In said partition, the value of the liquidated. This is a case of a testamentary disposition presumptive legitimes of all common children, Succession; Death; Presumptive subject to a mode and the will itself provides computed as of the date of the final judgment Legitime (1991) a) For purposes of succession, when is death deemed for the consequence if the mode is not of the trial court, shall be delivered in cash, occur or take place? b) May the succession to complied with. To enforce mode, be the will 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 Theodore. approved, had already provided for such allows the delivery to (Rabadilla v. Conscoluella, 334 SCRA 522 The children of their guardian, or the trustee of compulsory heirs of their presumptive legitimes Wills; matters. [2000] GR 113725, 29 June 2000). their property, may ask for the enforcement of the lifetime of their by parents? If so, in what during Formalities (1) If a will is executed a testator who is a the judgment. SUGGESTED ANSWER: instances? (1990) Filipino citizen, what law will govern if the will The delivery of the presumptive legitimes A. Death as athe fact is deemed to occur when is executed in Philippines? What law will it herein prescribed shall in no way prejudice the actually takes place. Death is presumed to take govern if the will is executed in another ultimate successional rights of the children place in the circumstances under Arts. 390-391 country? Explain your answers. accruing upon the death of either or both of of the Civil Code. The time of death is (2) If a will is executed by a foreigner, for the parents; but the value of the properties presumed to be at the expiration of the 10year instance, a Japanese, residing in the already received under the decree of period as prescribed by Article 390 and at the Philippines, what law will govern if the will is annulment or absolute nullity shall be moment of disappearance under Article 391. executed in the Philippines? And what law will Art. 52. Theas judgment of on 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; Codicil; Institution of Heirs; third persons. will without its being probated, but may under Substitution of Heirs (2002) Article 1058 of the Civil Code of 1898, be By virtue of a Codicil appended to his will, [Many-Oy CA 144SCRA33). sustained vs. as a 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, the Proceedings; Proceedings; lifetime. It is alsoIntestate stated in the Codicil that in partition by the parent, as provided in Art. 1080 Jurisdiction In his lifetime, a Pakistani citizen, ADIL, the event the(2004) obligation is not fulfilled, Betina is a case expressly authorized by law. A person married three times under Pakistani should immediately seize the property fromlaw. has two options in making a partition of his When died an old and widower, left Divino he or latters heirs turn ithe over tobehind estate: either by an act inter vivos or by will. If six children, two sisters, three homes, and Theodores compulsory heirs. Divino failed toan the partition is by will, it is imperative that such estate worth at least 30 million pesos in fulfill the obligation under the Codicil. Betinathe partition must be executed in accordance with of heirs. (3%) b) Distinguish between simple Philippines. He was born Lahore but of last brings suit against Divino forin the reversion the provisions of the law on wills; if by an act and fideicommissary resided in Cebu City, where he had a mansion the tract of land. a) Distinguish between modal substitution of heirs. (2%) c) Does children Betina have inter vivos, such partition may even be oral or and whereand two of his youngest now institution substation a cause of action against Divino? written, and need not be in the form of a will, live and work. Two of his oldest children are "Where several sistersis execute deeds of sale Explain (5%) provided the legitime not prejudiced. farmers in Sulu, while the two middle-aged over their 1 /6 undivided share of the SUGGESTED ANSWER: 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

CIVIL LAW LAW Answers Answersto to the the BAR BAR as as Arranged Arranged by Topics by Topics (Year (Year 199019902006) objected, A. A MODAL arguing INSTITUTION that it is should the institution be in Jolo of before mother, a in favor of another sister, with their mother

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 respect to ALTERNATIVE ANSWER: Manuel whose joint will remains void in the The will cannot be probated in the Philippines, Philippines despite being valid where even though valid where executed, because it 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; Probate; void as to the other. Intrinsic Validity H died (1990) 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 the time In said will he explained that he had been of his death. 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 probate children. (b) Is the said devise to X proceedings? (c) Was it proper for the trial court to consider 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} (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: SUGGESTED ANSWER:

CIVIL LAW Answers to the BAR as Arranged by Topics (Year 1990SUGGESTED ANSWER: 2006)

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 ANSWER: who stood 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: insertions or alterations the unauthenticated 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, the unauthenticated Wills; ifHolographic Wills; cancellation amounted to a revocation of the will, the will Witnesses (1994) On his deathbed, Vicente was executing a will. may not be probated because it had already In the room were Carissa, Carmela, Comelio 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 ANSWERS: will. Is the 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%)

(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,

SUGGESTED ANSWER:

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 prosper. burning The The of A the notarial will will incident, Johnny died. Both wills were sought to holographic will cannot be admitted to probate be probated in two separate petitions. Will because a holographic will can only be either or both prosper? probated uponpetitions evidence of the will itself unless 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 caseis of Gan vs. Yap (104 Phil 509), because there 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.

9 October 206).

1985.

139

SCRA

CIVIL LAW Answers to the BAR as Arranged by Topics (Year 19902006) due to formal defects. Assuming that a copy of excluded the by a legitimate son of the decedent [Art.

is available, may it now be admitted to probate first will and given effect? Why?
SUGGESTED ANSWER:

Yes, the first will may be admitted to probate and given effect. When the testator tore first will, he was under the mistaken belief that the second will was perfectly valid and he would not have destroyed the first will had he known that the second will is not valid. The revocation by destruction therefore is dependent on the validity of the second will. Since it turned out that the second will was invalid, the tearing of the first will did not produce the effect of ALTERNATIVE ANSWERS: revocation. This is known as the doctrine of No, the first will cannot be admitted to probate. dependent relative revocation (Molo v. Molo, While it is true that the first will was successfully
revoked by the second will because the second will was later denied probate, the first will was, nevertheless, revoked when the testator (Diaz v. De Leon, 43 Phil 413 destroyed it after executing the second invalid [1922]). will.
90 Phil 37.)

Civil 887, Code]. New This follows the principle that the descendants exclude the ascendants from inheritance.

Wills; Testamentary Intent (1996) Alfonso, a bachelor without any descendant or ascendant, wrote a last will and testament in which he devised." all the properties of which I may be possessed at the time of my death" to his favorite brother Manuel. At the time he wrote the will, he owned only one parcel of land. But by the time he died, he owned twenty parcels of land. His other brothers and sisters insist that his will should pass only the parcel of land he owned at the time it was written, and did not cover his properties acquired, which SUGGESTED ANSWER: should by intestate succession. Manuel Manuelbe is correct because under Art. 793, NCC, claims otherwise. Who is correct? Explain. property acquired after the making of a will shall only pass thereby, as if the testator 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.

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 ANSWER: your answer. Explain. Yes, Don's testamentary

DONATION

(2) If Don failed to execute a will during his lifetime, as his lawyer, how will you distribute SUGGESTED ANSWER: After paying the legal his estate? Explain. (2.5%)

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 anyone.

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:

(3) Assuming he died intestate survived by his brother Ronie, his half-sister Michelle, and his legitimate son Jayson, how will you distribute SUGGESTED ANSWER:(2.5%) Jayson will be entitled to 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].

(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 cannot thereof, he shall rule, be liable for breach ofdonate contact. something which he cannot dispose of at the time of the donation (Article 751, New Civil Code).

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

As judge, I condition 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 Armando is heir and successor-in-interest appears that the donor would not have made of his motherwithout (Art. 1311, NCC), or he [standingOn in the donation the mode condition. place of his mother) has no personality to annul the other hand, onerous donation is governed the contract. Both are not aggrieved parties on by the rules on contracts. Under Article 1183, account of their own conditions violation of the annul condition Impossible or illegal shall the of, or restriction on, their upon ownership obligation which depends them. imposed In these Donations; Formalities; by the both donation. Only theMortis donor or condition his heirs cases, the obligation and the Causa (1990) B donated to Mpersonality a parcel of inan 1980. B would have the toland bring action are void. made the a deed of donation, entitled to revoke donation for violation of aDonation condition Inter Vivos, in a public instrument M thereof or a restriction thereon. (Garridoand u. CA, accepted donation in the same 236 SCRA the 450). Consequently, while document. the donor It his washeirs provided in the deed the they land or were not parties to that the sale, donated shall be immediately delivered to M have the right to annul the contract of sale and that M shall have the right to enjoy the because their rights are prejudiced by one of ALTERNATIVE ANSWER: fruits fully. I The deed also provided that B was the contracting thereof [DBP v.dismiss. CA, 96 As judge, will parties grant the motion to reserving the right to dispose of said land SCRA 342; Teves vs. PHHC. 23 SCRA 114]. Compliance with a condition imposed by a duringArmando his (Bs) lifetime, and that shall not Since is neither the donor nor heir of donor gives rise to an action to M revoke the register the deed of 764, donation after the Bs the donor, he has no personality to bring donation under Art. NCC. until However, the death. Upon Bs death, W, Bs widow and sole action for annulment. right of action belongs to the donor. Is heir, filed an action the recovery of the 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 B a donation mortis causa andof not a donation mortis causa the reservation Armando isisan heir ofbecause the donee, not the donation inter vivos. Will said action is to dispose of all the property donated and, donor, he has no legal capacity to prosper? sue for Explain your therefore, the donation is Although revocablehe atiswill. revocation ofanswer. the donation. not Accordingly, the donation the seeking such revocation but an requires annulment of execution of a valid will, either notarial had or the sale which his mother, the donee, holographic 755, of 728 NCC). executed in (Arts violation the condition imposed Donations; Formalities; Mortis by the donor, an action for annulment of a Causa (1998) Ernesto donated in a public instrument parcel contract may be brought only by those a who are of land to Demetrio, who accepted it in the principally or subsidiarily obliged thereby (Art. same NCC). document. is there declared that 1397, As anItexception to the rule, it the has donation shall take effect immediately, been held that a person not so obliged with may the donee having to take possession nevertheless ask the forright annulment if he is of the landinand receive its fruits one but not to prejudiced his rights regarding of the Such detriment or prejudice cannot be shown dispose of the land while Ernesto is alive as contracting parties (DBP us. CA. 96 SCRA 342 by Armando. As years a forced heir, Armando's well as for ten following his death. and other cases) and can show the detriment interest in the property was, at best, a mere Moreover, Ernesto also reserved in contract the same which would result to him from the in expectancy. The sale of theproperty land by his mother deed his right to sell the should he which he had no intervention, (Teves vs. PHHC, did nottoimpair any vested right. fact decide dispose of it at any time The - a right 23 SCRA 1141). remains that the premature sale made by his which he did not exercise at all. After his death, mother (premature because only half of the Ernesto's heirs seasonably brought an action to SUGGESTED ANSWER: period ofthe the property, ban had alleging elapsed) that was not recover the Yes, the suit will prosper as vices the donation did voidable at all, none of the of consent donation was void as it did not comply with the not comply with the formalities of a will. In this under Art. of 139 of Will thethe NCC present. formalities will. suit being prosper? [5%] Donations; Conditions; instance, the a fact that the dismiss donor did not intend Hence, the motion to should be Revocation (1991) Spouses Michael and Linda donated a the 3to transfer ownership or possession of 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, result that in a donation causa would thereon a public park a boxing and in build this kind of disposition, the with formalities of arena, the be construction of otherwise, which shall a will should complied with, the commence months from the date donation iswithin void. six In (6) this Instance, donation the parties ratify the donation. The mortis causa embodied only in a donee public ALTERNATIVE ANSWER: accepted the donation the title instrument without the and formalities of to a the will One of the essential distinctions between a property was transferred in its name. Five could not have transferred ownership of donation inter vivos and a donation mortis years elapsed but public park with the disputed property to the another. causa is that while the former is boxing arena was never started. Considering the failure of the donee to comply with the condition of the donation, the donor-spouses sold the

CIVIL CIVIL LAW LAW Answers Answers to tothe the BAR BAR as Arranged Arranged by byTopics Topics(Year (Year 19901990SUGGESTED ANSWER: 2006) 2006) No. In simple or pure donation, only the illegal or irrevocable, property to Ferdinand the latter is who revocable. then sued In to the problem

the clauses conditions in the deed given, all recover the or land from thementioned city government. of donation, except one, are consistent with the Will the suit prosper? SUGGESTED ANSWER: and would have sustained rule of irrevocability Ferdinand has nodonation right to recover the land. the view that the is inter vivos and It is true that the donation was revocable because therefore valid. The lone exception is the clause of breach of the conditions. But until and unless which reserves the donor's right to sell the the donation was revoked, it death. remained valid. property at any time before his Such a Hence, Spouses Michael and Linda had reservation has been held to render the no right to sell the land to and, Ferdinand. Onebecomes cannot give donation revocable therefore, a what he does not have. What the donors should donation mortis causa (Puig vs. Penqflorida, 15 have 276, done was to the have the donation SCRA at first p. 286). That right was not annulled or revoked. And that was done, exercised is immaterial; its after reservation was an ALTERNATIVE ANSWER: they could validly have disposed of the land in implied of the power to been A. Untilrecognition the contract ofdonor's donation has favor of Ferdinand. nullify the donation anytime wished to do so. resolved or rescinded under he Article 1191 of the Consequently, it should haveArt. been embodied in Civil Code or revoked under 764 of the Civil Donations; Inter Vivos; a last will and testament. The suit for nullity will Code, the donation stands effective and valid. Acceptance (1993) On January 21, 1986, A executed deed of thus prosper. Accordingly, the sale made by athe donor to donation inter vivos of a parcel of land to Dr. B Ferdinand cannot be said to have conveyed who earlier constructed thereon a building title had to Ferdinand, who, thereby, has no cause in which researches on the dreaded disease of action for recovery of the land acting for and AIDS were being is conducted. The being deed, onerous, B. The donation onerous, And in his behalf. acknowledged before a notary public, was what applies is the law on contracts, and not handed by A to Dr. B who received it. A 81 the lawover on donation (De Luna us. Abrigo, few days after, A flew to Davao City. SCRA 150). Accordingly, the prescriptive Unfortunately, airplane was riding period for the the filing of suchhe an action would be crashed on landing killing him. Two days after the ordinary prescriptive period for contacts the unfortunate accident. Dr. B,depending upon advice of which may either be six or ten upon a lawyer, it executed deed acknowledged whether is verbalaor written. The filing of the SUGGESTED ANSWER: Alternative Answer: before adonation notary public accepting the donation. No, the is not effective. The law case five years later is within the prescriptive The law on donation lays down aanswer. special Is the donation effective? your requires that the separate acceptance of the period and, therefore, theExplain action can prosper, prescriptive period in the case of breach of donee of an immovable must be done in a condition, which is four years from nonpublic document during the lifetime of the compliance thereof (Article 764 In Civil donor (Art. 746 & 749, Civil Code) this Code). case, Since the action has prescribed, the suit awill B executed the deed of acceptance before Donations; Effect; illegal & immoral not prosper, notary public after the had and already died. conditions (1997) Are the effects of donor illegal immoral Donations; conditions on simple the same as Perfection (1998) On July 27, 1997, Pedrodonations mailed in Manila a those effects that would follow when such letter to his brother, Jose, a resident of Ilollo conditions are imposed on donations con causa City, offering to donate a vintage sports car SUGGESTED ANSWER: onerosa? which thedon't latter had long been effect. wanting to buy No, they have the same Illegal or from the former. On August 5, 1997, Jose impossible conditions in simple called and Pedro by cellular phone to thank for his as remuneratory donations shall be him considered generosity and to inform him that he was not imposed. Hence the donation is valid. The sending mail letter of acceptance. donationby will be his considered as simple orPedro pure. Donations; Condition; Capacity never received that letter because it was never The condition or mode is merely an accessory to Sue (1996) Sometime in 1955, Tomas donated a parcel of mailed. On August 14, 1997, Pedro received a disposition, and its nullity does 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 the condition that she it may notsame sell, transfer or mail 2. Will your answer the if the Jose that did donation? [2%] had been killed in a be road accident donor would have made the day donation cede the same not for twenty years. Shortly his acceptance letter but it was received by before (August 13, 1997) Donations con causa onerosa is governed by without the mode or condition. thereafter, he died. In 1965, because she Pedro inobligations Manila days after Jose's death? [3%] law on and contracts, under which needed money for medical expenses, Irene an impossible or Illicit condition annuls the sold the land to Conrado. The following year, obligation dependent upon the condition where Irene died, leaving as her sole heir a son by the the condition is positive and suspensive. If the name of Armando. When Armando learned that impossible or illicit condition is negative, it is the land which he expected to inherit had been simply considered as not written, and the sold by Irene to Conrado, he filed an action obligation is converted into a pure and simple against the latter for annulment of the sale, on one. However, in order that an illegal condition the ground that it violated the restriction may annul a contract, the impossibility must imposed by ANSWER: Tomas. Conrado filed a motion to ADDITIONAL exist at the time of the creation of the dismiss, on the ground that Armando did not obligation; a supervening impossibility does not have the legal capacity to sue. If you were the affect the existence of the obligation. Judge, how will you rule on this motion to dismiss? Explain.

that then the the baby donation died? maybe Statedoral, otherwise, but still, is the the P5,000.00 considering simultaneous donation validdelivery and binding? of the Explain. 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, the answer is the life same. If Jose's mail baby had an 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 is stillchild. void If because under person representing said the child had Article 734 of the Civil Code, the donation is less than seven months of intra-uterine life, it perfected the moment the it donor of the is not deemed born since died knows less than 24 acceptance by its the delivery, donee. The death of Jose hours following in which ease the ALTERNATIVE ANSWER: before Pedro could receive the acceptance donation never became effective since the Even if thethat baby the had an intra-uterine life of indicates donation never donee never became a person, was birth being more than seven months and the donation was perfected. Under Article 746 acceptance must determinative of personality. properly would of be void for not Donations; Requisites; Immovable be made accepted, during the it lifetime both the donor Anastacia purchased a house and lot on having conformed with the proper form. In Property 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 andbe a year later, she executed a deed pesos should in writing. (Article 748, par. 3) Donations; with Resolutory Condition of donation, duly authenticated by the (2003) In 1950, Dr. Alba donated parcel of land to Philippine Consulate in Los a Angeles, California, Central University on condition the latter donating the house and lot that to her friend must establish medical college on the land to Amanda. The a latter brought the deed of be named to after him. In the of year 2000, the heirs donation the owner the project and of Dr. Alba filed an action to annul left the donation discovered that Anastacia unpaid and for the and reconveyance the property installments real estateoftaxes. Amanda donated to so them for the failure, in after years, paid these that the donation her 50 favor can of University to established on the property be the registered in the project owner's office. Two a medicallater, schoolAnastacia named after theirleaving father. The months died, her University opposed the action on the ground of mother Rosa as her sole heir. Rosa filed an prescription and also because it had not used action to annul the donation on the ground that the property for give some purpose other than that Amanda did not her consent in the deed of SUGGESTED ANSWER: stated in the donation. Should the opposition of donation or in a separate public instrument. The Rosa donation is correct maybecause be revoked. theThe donation non-established is void. the University to the action of Dr. Albas heirs Amanda replied that thedonated donation was an of the medical college on the property was The property donated was an immovable. For be sustained? Explain. onerous one because she had to pay unpaid a resolutory condition on the 749 donation by such donation to beimposed valid, Article of the installments and taxes; hence her acceptance the donor. the Deed of Donation did not fix New Civil Although Code requires both the donation and may be implied. Who is in correct? the time for the established of the (2%) medical college, the acceptance to be a public instrument. the failure of the donee to establish medical There being no showing that the Amanda's college after fifty (50) years from the making of the acceptance was made in a public instrument, donation shouldis be considered as occurrence of the the the donation void. The contention that resolutory and the therefore, donation may nownot be donation condition, is onerous 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 the Hence, in this case, there upon herself tocondition. pay those amounts voluntarily. is no more need court the to fix the period For a donation to for 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 no such imposed by The donation may not asburden yet donation is onerous only as to therevoked. portion ofThe the the donorcorresponding on of the donation not establishment a donee. medical college is of not a property to The the value 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 in excess thereof or is not onerous. compliance with the charge mode will give The onerous portion is to governed thedonation rules the donor the right revokeby the on contracts which do from 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 to established The onerous part, therefore, is valid. The to enforce the charge by time specific performance the medical college portion which is not has onerous must comply with within ten Article 749 of the New Civil

CIVIL LAW Answers to the BAR as Arranged by Topics (Year 19902006)donated hand, had assuming tothat said thebaby sports before car costs it was less than born Code not been which fixed requires in the the Deed donation of Donation, and the the acceptance donee is

yet thereof to be in in his aobligation public instrument until thein period orderis to not default fixed be valid. by order The acceptance of the court not under being Article in a public 1197 of instrument, the New Civil the part Code. which Since isthe notperiod onerous has isnot been void and fixed Rosa as yet, may the recover donee itis from not Amanda. yet default, and therefore the donor has no cause of action Donations; Effects; Non- of to revoke theUnregistered; donation. (Dissenting opinion Compliance; Resolutory Condition (2006) Davide, CJ, Central Philippine University v. Spouses Alfredo and Racquel were active Court of Appeals, 246 SCRA 511 [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 Donation, subject to the condition that the (2001) For many years, the Rio Grande river deposited Minister shall construct thereon a place of soil along its bank, beside the titled land of worship within 1 year from the acceptance of Jose. In time, such deposit reached an area of the donation. In an affidavit he executed on 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. Ten yearsoflater, a big flood occurred in However, instead constructing a place of Deeds. worship, was not registered with the Registry of the river and transferred the 1000 square the Minister constructed a bungalow on the property meters to his theresidence. opposite Disappointed bank, beside thethe land of he used as with Agustin.the The land transferred now contested Minister, spouses revoked the is donation and by Jose and Agustin as the riparian owners and by demanded that he vacate premises immediately. SUGGESTED ANSWER: But the Minister refused to leave, claiming that aside Vicente who claims ownership by prescription. Jose should prevail. The disputed area, which is from the bungalow as his residence, he is also Who using should prevail,? Why? (5%) an alluvion, belongs by right of accretion to using it as a place for worship on special occasions. Jose, the riparian owner (Art. 457 CC). When, as Under the circumstances, can Alfredo and Racquel given in the problem, the very same area" was evict the Minister and recover possession of "transferred" flood waters to the counsel, opposite the property? by If you were the couple's bank, it became an avulsion and ownership what action you take to protect the interest of thereof is retained ALTERNATIVE ANSWER: your clients? (5%) by Jose who has two years to remove it (Art. 459, CC). claim based Yes, Alfredo and Racquel canVicente's bring an action for on prescription baseless his possession ejectment againstis the Minister since for recovery of possession of the property evict the Minister and was by mere tolerance of Jose and, therefore, recover the property. action for and did notpossession adverselyofaffect Jose's An possession annulment the donation, reconveyance andas his ownershipof(Art. 537, CC). Inasmuch damages should be filed to protect the interests of possession is merely that of a holder, he cannot Accretion; Avulsion my client. The donationarea is an by onerous donation and acquire the disputed prescription. (2003) Andres a be riparian owner a on parcel of therefore is shall governed by the of rules registered land. there His was land, however, contracts. Because no fulfillment or has gradually diminished in area due is toresolutory the current compliance with the condition which in of the river, the registered land of and Mario character, the while donation may now be revoked all on the opposite bank has gradually increased rights which the donee may have acquired under it July (Central Philippine University, G.R. No. 112127, (a) Who has the better right over the 200ALTERNATIVE ANSWER: in area by 200square meters. 17,1995). shall be deemed lost and extinguished No, an action ejectment not prosper. square meter for area that has will been added to I would advice Alfredo and Racquel that the Marios registered land, Mario or Andres? (b) May aby third person acquire said 200-square Minister, constructing a structure which also meter land prescription? serves as a by place of worship, has pursued the objective of the donation. His taking up residence in the bungalow may be regarded as a casual breach and will not warrant revocation of the donation. Similarily, therefore, an action SUGGESTED ANSWER: for revocation of the donation will be denied (C. 1.Yulo None. is no perfected donation. Under J. & There Sons, Inc. v. Roman Catholic Bishop, 2004). Article 748 of the Civil Code, the donation G.R. No. 133705, March 31, 2005; Heirs of a movable may be made in writing. If ofRozendo Sevilla v. Deorally Leon,or G.R. No. 149570, the value of the personal property donated March 12, Donations; Validity; Effectivity; for Unborn exceeds five thousand pesos, the donation and Child (1999) Elated that her sister who had been married the acceptance shall be made in writing. for five years was pregnant for the first time, Assuming that the value of the thing donated, Alma donated P100,000.00 to the unborn a vintage sports car, exceeds P5,000.00 then child. Unfortunately, the baby died one hour the donation and the acceptance must be in after delivery. May Alma recover the writing. In this instance, the acceptance of Jose P100.000.00 that she was not in writing, therefore, the donation is void. Upon the other

PROPERTY

CIVIL LAW Answers to the BAR as Arranged by Topics (Year 19902006) had lost it by operation of law. That portion of the land reasonable rent, if the owner of the land does not

become part of the public domain. has


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, this P.D. 1529.involve The fact that riparian land is doesNo.not 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 607 (1991).
(1992) 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 of the building of B? the thereon, what the house built by If house so, how? b) If the land amount should be by A in to increased in value topaid P50,000.00 byorder 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) voluntarily buys the land as desired requireIf BB to buy the land? 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.

appropriate the building after proper choose to 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 X's that X was constructing on his (Y's) land but house? (3%) 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%)

(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 Civil (b) A should pay B the sum of P50,000. Article Code. 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 the land if (d) If B agrees buy land but failsthan to pay, Aof its value is not to considerably more that can have the house removed ( Depra vs. the building,
Dumlao, 136 SCRA 475).

SUGGESTED ANSWER:

SUGGESTED ANSWER:

(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

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

Chattel Mortgage; Immovables 2006) The case standing there of Pecson before X v. acquired CA, 244the SCRA title 407 to the , island. square was not then meters. valued Jose only claims at P1 that Million. Mike Lawrence is a builder wasin foreclosure sale, foreclosed the mortgage and (1994)

CIVIL LAW Answers to the BAR as Arranged by Topics

(Year 1990-

the bank problem. cannot Inconsidered the Pecson ascase, a parcel mortgagee the in because insolve he should knowof the boundaries of his house and lot. Learning the proceedings Vini constructed a building on a ofbuilder land applicable The to be bad faith declared acquired Xs was good the faith. owner On this of ground, the land Zs who demand later lost against the lot, the portion of the house conducted nt. and demands by the that bank, Z is now demanding he leased from Andrea. He chattel mortgaged Assuming that the was sold for Pl property Bankto at is Felicia. valid a public and sustainable. salehe due to non-payment which encroached on aircraft his land be or that the bank reconvey to himshould Xs house the land When could not pay Million, give the order of replies preference of is the of taxes. The Court ruled that Article 448 does destroyed or to removed. Mike a pay Xs loan him plus interests. Isthat Zs he Felicia. Felicia initiated foreclosure proceedings. SUGGESTED ANSWER: Chattel Mortgage; Possession creditors of Lawrence and distribute the not apply to that the the case where he thehad owner of the builder in good faith and offers buy the land demand against the bank valid to and Vini claimed building No, Zs of demand is valid. 1) A Is building SUGGESTED ANSWER: (1993) A, about to leave the country on alost foreign amount P1 Million. land is the builder but who later the occupied by the building Mike a is sustainable? Why? 5%notinstead. constructed on the leased land cannot be land; Assuming that the aircraft was sold for immovable or real property whether it P1 is assignment, entrusted to indemnity Bthe his building brand new car not being applicable, the that should builder in good faith or bad faith? Why? (3%) 2) validly foreclosed because was, by Million, there is no order of preference. The P1 erected SUGGESTED by ANSWER: the owner of the land, by SUGGESTED ANSWERS: andpaid its of Is registration. Falsifying A's be to the buyer must be the fair market Whose preference should be followed? Why? a law, an certificate immovable. Vini correct? 1) Yes, Mike is a builder in good faith. is a) The Chattel Mortgage is void and cannot be will all go to the bank as be a There chattel usufructuary, or by a lessee. It may treated signature. B sold A's car to not C for P200,000.00. C Million value of the building and just the cost of (2%) no showing that when he built his house, he foreclosed because the building is an mortgagee because a chattel mortgage under as a movable by the parties to chattel then registered the car in his name. To in that construction thereof. The Court opined ALTERNATIVE ANSWER: knew that(4) a NCC portion on immovable and cannot be an object enrich of a Art. 2241 defeats Art. encroached 2244 and mortgage but such isthereof binding only (12) between complete needed amount, C unjustly borrowed case that the to do otherwise would Pedro is correct. In Pecson vs. CA, it was held Jose's lot. Unless one is versed in the science of chattel mortgage. (14}. Art. 2241 (3) and (5) are not applicable them and not on third parties (Evangelista v. P100.000.00 from the land. savings and loan the new owner of the b) It depends. Ifthe the building was intended that Article 546 of New Civil Code not surveying, he cannot determine the precise because the aircraft is Phil. no 401 longer in the Alto Surety Col, inc. 103 [1958]). In association in his office, constituting a does chattel Easement vs. Usufruct and is built of car. light materials, the chattel specifically how the value ofpay useful boundaries or location his a property by possession of the creditor. this case, since the bank of is not party to the mortgage onstate the For failure of C to the (1995) 1. Whatmortgage, is easement? easement mortgage may be considered as valid as merely improvements should be determined in fixing examining title. In the absence of chattel ithis isDistinguish not bound by it, as far as 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 the Bank is concerned, the chattel mortgage, filed in the RTC a complaint for collection with usufruct? (b) a usufruct over an easement? (c) in respect to them movable since land should pay toas the builder in replevin good faith. encroachment was done in good faith does not exist. Moreover, the chattel mortgage application for issuance of a writproperty, of to 2} None ofANSWER: the preferences shall SCRA be Explain. followed. SUGGESTED an easement 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 does not exist. Moreover, the chattel mortgage obtain possession of the vehicle so that the The preference of Mike cannot because (a) The rights of Y, as not owner ofprevail the lot, and of But if the building is of strong material and is rights of the parties in such manner as "to (1997)]. is void because it was registered. Assuming chattel mortgage could be foreclosed. The RTC under Article of 448 of the Civil Code, it is the X, as it builder a house thereon, are the governed not capable ofof being removed orwas transferred administer complete justice to car both of them that is valid, it does not bind Bank issued the writ replevin. The then in owner of the land who has the option or choice, by Art. 448 of the Civil Code which grants to Y without being destroyed, the chattel mortgage such a way as neither one nor the other may because it was not annotated on the title of the seized from C andthe soldland by the sheriff at public ANOTHER SUGGESTED ANSWER: c) If it cannot was which Vini chattel not the builder. On between the othertwo hand, the option the right to choose remedies: (a) is void and be foreclosed. enrich himself of that which does not belong to land mortgaged to the bank. Z cannot demand auction at which savings would and loan No, Zs demand against the bank is not valid. SUGGESTED ANSWER: mortgaged, suchthe mortgage bebasis void, or belongs to Jose, he cannot demand that the appropriate the house by indemnifying X for its him", the Court ruled that the of that the Bank pay him the loan Z extended to association was the lone bidder. Accordingly, 2) Pablounenforceable, is entitled to the he rentals of the the His demand that the bank reconvey to him Xs at least since was not portion of the house encroaching on his land be value plus whatever necessary expenses the reimbursement should be the fair market value X, because the Bank was not privy to such loan the car was sold to it. A few days later, A building. As the owner of the land, Pablo is also presupposes that he a is real right If what mortgaged as a chattel is the house owner of was the land. destroyed or removed because this not one latter may have incurred for has the preservation of the building. arrived from his foreign assignment. the owner of the building being an accession over house. All that Z has isowner a personal building, the chattel mortgage isLearning valid as transaction. SUGGESTED ANSWER: of thethe options by law to the of the land, orgiven (b) compel X to buy the land if of what happened toPedro his only, car, A the sought to thereto. However, who isSupreme entitled to against X for damages for breach of the Under the prevailing rulings of between the parties on grounds of right land. Theofowner may choose between the the price the land is not considerably more recover and ownership of it from the the contract retain the building is also entitled to mortgagor retain loan. Court, A possession can recover the car fromthe the Savings estoppel which would preclude appropriation of of what builtIfafter than theof value thewas house. it is,payment then X The treatment of a house, even if built on savings and loan association. Can A recover his rentals. He, however, shall apply the rentals to and Loan Association provided he pays the from assailing the contract on the ground that of indemnity, or to compel the builder toshall pay cannot be obliged to buy the land but he rented land, as movable property is void car subject-matter from the savings loan association? the indemnity payable him after deducting price at which the Association bought the car at its is and anto immovable. Therefore for the land if the value of the land is not pay reasonable rent, and in case of ALTERNATIVE ANSWER: ALTERNATIVE ANSWER: insofar as third persons, such as the bank, are SUGGESTED ANSWER: Explain your answer. reasonable cost of repair and maintenance. a public auction. Under that doctrine, there has Vini's defense is untenable, and Felicia can considerably more than that of building. disagreement, the court shall fix the terms of Pablo is entitled to the rentals. Pedro became 1) Mikethe cannot be other considered a the builder in (b) Since lot the owner Y is hand, deemed to be concerned. On Bank been an unlawful deprivation by Bthe of A of his foreclose thein mortgage building, Otherwise, the builder shall his pay rent without for the the lease. a possessor bad faith over from the time he good faith because he built house bad faith (Art 453), X as the party in good faith already had a real right over the house and lot car and, therefore, A can recover it from any observing, however, thebelongs procedure prescribed portion of the land encroached. learned that the land to Pablo. As first the corners and and boundaries of may determining (a) mortgage remove the house demand when the was annotated at the back person in possession thereof. But since it was for the execution of sale of a judgment debtor's such, he loses his right to the building, his lot Torrens to make sure that his later construction was indemnification for damages suffered by him, of the title. The bank became the bought at a public auction in good faith by the immovable Rule 39, Rules ofright Court, including theunder fruits thereof, except the of within the perimeter of his He could or (b) in demand payment ofproperty. the value of the the foreclosure sale. Z cannot ask Savings and Loan Association, he must specifically, that the notice of auction sale owner Builder; Good ANSWER: Faith vs. Bad Faith; Accession ALTERNATIVE ANSWER: retention. have done this with the help of a geodetic ALTERNATIVE house plus reparation for damages (Art 447, in d) The problem that Vini mortgaged the land bank to pay for Xs loan plus interest. There is reimburse the Association at a the priceof for which should be published in a newspaper general (2000) The answer hinges whether or not the bank a) way Demetrio knew that piece of land Yes, A can recover his car from the Savings engineer as an on ordinary prudent and relation to Art 454). Y continues as owner of by of a chattel mortgage is untenable. no privity of contract between Z and the bank. the car wasthe bought. circulation. is an mortgagee good faith or a bordering beach belonged to of Ernesto. and Loan a Chattel Mortgage, reasonable man would do under the the lotinnocent and becomes, under in the second option, Land can Association. only be the In subject matter a real mortgagee in bad faith. In the former case, Zs 2) Jose's preference should be followed. He However, since the latter was studying in the mortgagor must the absolute owner ofof circumstances. owner of the house as well, after he pays the estate mortgage andbe only an absolute owner demand is not valid. In the latter case, Zs may have the building removed at the Europe and nomay one mortgage was takinga care of the land, Builder; Good Faith vs. Bad Faith the thing mortgaged. Furthermore, the person sums demanded. real property parcel of land. demand against the bank is valid and expense of Mike, appropriate the building as Demetrio occupied the same and constructed (2000) In good faith, Pedro constructed a five-door constituting the must have there the free (Article 2085 (2)mortgage Civil Code). Hence, can sustainable. his own, oblige Mike to buy the land and ask thereon nipa sheds with tables and benches commercial building on the land of Pablo who disposal ofthe the property, and in the absence But assumption that what was be no on foreclosure. Under the system ofPablo land of registration, for in faith. addition to any the three which he rented out peoplemortgage who want to wasdamages also inTorrens good When discovered thereof, must be legally authorized for the mortgaged by way ofto chattel was every person dealing with registered may options. (Articles 449, 450, to 451, CC) landthe have a picnic by the beach. When the construction, he opted appropriate purpose. In the at bar, these essential the building oncase leased land, then the Ernesto parties Chattel Mortgage vs. Pledge rely on the correctness of the certificate of returned, he demanded the return of land. building by paying Pedro the cost thereof. title requisites did notbuilding apply to the mortgagor B, are treating the as chattel. Athe building (1999) Distinguish and the law will a contract not in any of way chattel obligemortgage to him Chattel Mortgage; Preference of Creditors Demetrio agreed Mortgage to do was so after he has However, Pedro insists that he should be paidto hence not valid. that is the not Chattel merely superimposed on the ground from look behind a contract or beyond of pledge. the (2%) certificate in order (1995) Lawrence, a retired air force captain, decided removed the nipa sheds. Ernesto refused to let the current market value of the building, which is an immovable property and a chattel SUGGESTED ANSWER: SUGGESTED ANSWER: to determine the condition of the title. He to go into the air transport business. He Demetrio nipa sheds the ground was much higher because of inflation. 1) Who is mortgage on saidthe building is void but Ernesto isremove correct, Demetrio is legally a on builder in bad In a contract of CHATTEL MORTGAGE not bound by or anything not or purchased an aircraft in cash except for an that these already belonged to him by right of is correct Pedro Pablo?(1%) 2) annotated In the the parties cannot allowed to disavow faith because he be knew beforehand thattheir the possession belongs to the creditor, while into a reflected in the certificate. If he proceeds outstanding balance of P500,000.00. He accession. Who is correct? (3%) meantime that Pedro is not yet paid, who is contract on account of under estoppel by 449 deed. land belonged to Ernesto, Article of contract of PLEDGE possession belongs to the SUGGESTED ANSWER: buy the to land or accept itthe as a collateral relying incurred an of are P300,000.00 for entitled the rentals of building, Pedro or However, ifindebtedness third parties involved the New Civil Code, one who builds on the such land debtor. Pablo is correct. Under Article 448aof the New on the certificate, he is considered buyer or a Chattel Mortgage; Immovables repairs with an aircraft repair company. He also Pablo? (1%) chattel mortgage is void and has no effect. A chattel mortgage a formal contract a of another loses what is built right toleasing Civil Code in relation to Article 546, the while builder mortgagee in good is faith. On this ground, the (2003) X constructed a house on lotwithout which he was borrowed P1 Million from aa bank for additional pledge is faith a contract. However, a real bank is nottitle an to ordinary mortgagee. indemnity. Ernesto becomes the ownerover of the in good is entitled a refund of the the Bank acquires a clean to the land and Y. Later, X executed a chattel mortgage from capital and constituted a chattel mortgage on Unlike private individuals, a bank is expected to nipa sheds by right of accession. Hence, necessary and useful expenses incurred by While on a test flight the aircraft crashed house. said house in favor of Z as security for a loan the aircraft to secure the loan. A contract of chattel mortgage must be exercise greater care and prudence in its Ernesto is well within his right in refusing to him, or the increase in value which the land causing physical injuries to a third party who obtained from the latter. Still later, X acquired Builder; Good Faith vs. Bad nipa Faith; Presumption recorded in a public instrument to bind dealings. The ascertainment condition of a allow the removal of the sheds. may have acquired byof the reason of third the was awarded damages of P200,000.00. ownership of the land where his house was (2001) Mike built a house on his lot in Pasay City. Two persons while a contract of for pledge must be in property offered as collateral athe loan must be a improvement, at the option of landowner. constructed, which he mortgaged both of years later, insurance aafter survey disclosed that a portion a public instrument containing description of standard and indispensable part its operation. Lawrence's claim for damage to the The builder is entitled to a of refund of the house and land in favor of a bank, which the building actually stood on the neighboring the thing pledged and the date thereof to bind The bank should have conducted further inquiry aircraft was denied thus leaving him nothing expenses he incurred, and not to the market mortgage was on land of Jose, to annotated the extent of the 40 Torrens regarding the house standing on of the land third Page 59 119 else but the aircraft which valuepersons. of the improvement Certificate of Title. When X failed to pay his considering that it was already loan to the bank, the latter, being the highest bidder at the

children, easement (4) However, NCC. this may E provision andbe F. After constituted has the been death suppressed only of X, on the in a Since 2191 an D, ANOTHER ANSWER: corporeal Section children 44, of immovable PD the No. first 1529. and property, In other second words, no marriages easement the Hernando is not correct. 637 ofnot the may be constituted registration executed an of the extrajudicial servient on aArticle usufruct estate partition did which of is New not the a Civil Code provides that the owner of the higher (b) There can be no usufruct over an easement. corporeal operate aforestated toright cut-off property or extinguish on May 1, the 1970. right D,of E and estate cannot make works which increase While a usufruct maybe created over a meter right, way. F were Therefore, given athe one complaint thousand forwill square the the burden on servient estate. (Remman such right must have an existence of its own cancellation portion of the ofthe the property. right of They way should were minors be at Enterprises, Inc. v.the CA, 330 SCRA .D Easements; Right Way; Requisites independent ofof property. A [2000]) servitude dismissed. the time of the execution of the 145 document. (1996) The owner of the higher may be David isbe the owner of the subdivision in 12; Sta.and cannot the object ofestate a usufruct because it was 17 years old, E was 14 and F was compelled to pay damages to the owner of the Rosa, Laguna, without an access to the has no existence independent of the property they were made to believe by A, B and C that Easements; Classification ALTERNATIVE ANSWERS: lower estate. highway. When he applied for athey license to which It attaches. unless they sign the document willto not get (1998) There cannot be a usufruct over an easement Distinguish between: establish the subdivision, David represented any share. Z was not present then. In January 1. Continuous and discontinuous since an easement presupposes two to (2) (a) Can the minority of E field and F bein a basis that heD, will a D, rice located 1974, E purchase and F filed an action court to 2. Apparent and non-apparent easements; |2%] tenements belonging to different persons and nullify the partition? Explain your answer. between his landalleging and the highway, and develop nullify the suit they discovered the 3. Positive and negative easements; [2%] the right attaches to Explain the tenement and not to (b) How about fraud? it into an access road. But. when the license fraud only in 1973. SUGGESTED ANSWER: easements. [1%] the owner. While he a did usufruct gives the your answer. was already granted, not to buy 1. CONTINUOUS EASEMENTS arebother those the use usufructuary a right to use, right to enjoy, right the rice field, which remains unutilized until the of which are or may beto incessant, without the to the fruits, and right possess, an easement present. Instead, he chose to connect his intervention of any act of man, while estate. However, usufruct can constituted over a gives only a awith limited use ofbe the servient subdivision the neighboring subdivision of DISCONTINUOUS EASEMENTS which property that has in its favorare an those easement or Nestor, which has an access to the highway. are at intervals and depend upon the acts one used burdened with servitude. The usufructuary Nestor allowed him to do this, pending of man. (Art. the 615, Civil Code) will exercise easement during the period of SUGGESTED ANSWER: negotiations on the compensation to be paid. usufruct. 2. APPARENT EASEMENTS are those which are When theycan failed tono arrive at an agreement, (c) There be easement over another made known and are continually kept in view Nestor built a wall across the road connecting easement for the same reason as in (a). An by external signs that reveal the usea and with David's subdivision. David filed easement, although it is a real right over an enjoymentin ofcourt, the same, while NONAPPARENT complaint for the establishment of is ana immovable, is not a corporeal right. There EASEMENTS are those which showthe no external easement of right of way through SUGGESTED ANSWER: Roman maxim which says that: There can be indication of their existence. (Art. 615,to Civil subdivision of Nestor which he claims be the Art, 649, NCC. Theanother owner, or any person who no servitude over servitude. SUGGESTED ANSWER: Code) most adequate and practical outlet to the Easement; Effects; Discontinuous by virtue of a real right may cultivate or use 3. POSITIVE EASEMENTS are those which highway. 1) What are the requisites for the Easements; Permissive Use (2005) any immovable which is of surrounded by estate other impose upon the owner the servient establishment of a compulsory easement of with a Don was the owner of an agricultural land immovables pertaining to other persons and the obligation of allowing something to be right of way? no access to a public road. He had been without adequate outlet to a public highway, done or of doing it himself, while NEGATIVE is passing to through the land of Ernie with the entitled demand a right of prohibit way through the EASEMENTS are those which the owner latter's acquiescence for over 20 years. neighboring estates, after payment of the of the servient estate from doing something Should this easement be established in suchinto a Subsequently, subdivided his property property which he indemnity. could Don lawfully do if the easement did manner that itslots use and may sold be continuous for all 20 residential them to different not exist. (Art. 615. Civil Code) the needs of the dominant establishing persons. Ernie blocked pathway and refused Easements; Right of Way the estate, a passage, the indemnity shall a) Did Don acquire easement of right of (1993) topermanent let the buyers passan through his land. Tomas Encarnacion's 3,000 square meter consist ofland, the value ofhe the land occupied and is way? (2%) parcelExplain. of where has a plant nursery, ALTERNATIVE ANSWER: the amount the damage to the located just of behind Aniceta caused Magsino's two No, Donthe did not acquire an easement of right of In case right of way is limited to the servient estate. hectare parcel land. To enable Tomas to have way. An passage easement of cultivation right of of way is necessary for the the access to the highway, Aniceta agreed to grant discontinuous in nature it is exercised only if estate surrounded others andwide for the him a road right of by way a meter through a man passes over somebody's land. Under gathering of its pass. crops Through through the the years servient which he could Tomas' Article 622 ofa the Civil Code, discontinuous estate without permanent way, the business flourished which enabled him to buy easements, whether apparent or not, may only indemnity shall consist in the payment ofof the another portion which enlarged the the area his This easement is not compulsory isolation be acquired byby virtue of a title. if The Supreme damage cause such encumbrance. plant But is he was still He of thenursery. immovable due thelandlocked. proprietor's own Court, in Abellana, Sr. v. to Court of Appeals (G.R. could not bring in and out of his plant nursery a acts. 97039, (564a). The easement of right of way shall No. April 24, 1992), ruled that an jeep or delivery panel much less a truck that be established at the point least prejudicial to in easement of right of way being discontinuous he to transport his seedlings. He Further, of the easement by now Don is theneeded servient and insofar as consistent nature ispossession not estate, acquirable by prescription. asked Aniceta to grant him a wider portion only permissive, tolerated or with the with this rule, where the distance from the of her property, the price of he was willing acquiescence of to Ernie. It which is highway settled in the case dominant estate a public may be to pay, to enable to construct a road ALTERNATIVE ANSWER: of Cuaycong v. him Benedicto (G.R. No. to 9989, the shortest ( Art. 650, NCC: Vda. de Baltazar v. The requisites for a compulsory easement of have access to his plant nursery. Aniceta March 13, 1918) that a permissive use of a SUGGESTED ANSWER: CA. 245 SCRA 333} right of way are: (a) the dominant estate is how refused claiming that she had already allowed road over land of another, no matter Art. 651 of the the Civil Code provides that the ALTERNATIVE ANSWER: surrounded by other immovables and is without him a previous road right of way. Is Tomas long continued, will not create an easement of width of the easement must be sufficient Yes, Don acquired an easement of right of way. An to an adequate outlet to a public street or entitled to the easement he now demands way by prescription. meet the needs of the dominant estate, and easement that is continuous and apparent can be acquired highway; (b)and proper indemnity must be paid; from Aniceta? by prescription title. According to time Professor Tolentino, may accordingly change from to time. It (c) is an easement of right of way may have a continuous nature the isolation must not be due to the acts of the the need of the dominant estate which if owner of the dominant estate; and (d)These the right determines the width of the passage. of way claimed is at a point least prejudicial to needs may vary from time the servient estate and, insofar as is

CIVIL LAW Answers to the BAR as Arranged by Topics (Year 19902006) 2. The extinguished After (a) claim the There death forby can damages of the Y, be registration X married no may easement also Zof and be the they over premised servient begot a usufruct. estate. in as to there consistent share Art. time. is allotted a As degree with Tomas' by this law ofbusiness rule, regularity to the where finder grows, to the indicate since the distance need the continuity phrase to for the use "by of of

modern possession highway is and that if requires coupled widening with an of street orconveyances ALTERNATIVE ANSWER: the apparent shortest. easement. sign, such easement of way may be The show that the need for wider ALTERNATIVE ANSWER: 2) Isfacts David entitled to a right of away in right this acquired by prescription. Yes, Ernie could close theincreased pathway on his land. of way arose from the production case? Why or why not? Don has acquired an easement of right of owing SUGGESTED tonot ANSWER: the acquisition by Tomas of an No, is entitled to the right ofgrant. way way David either area. bynot agreement or 626 by judicial additional Under Art. of the Civil being claimed. isolation his only subdivision Neither dideasement the The buyers. Thus, establishment of Code, the can be of used for the was due to his own act or omission because he a road or unlawful use of the land of Ernie immovable originally contemplated. Hence, the did not constitute develop an access road the have rice would anjustified invasion of possessory increase in widthinto is and should Easements; Right of which Way field which he was supposed to purchase rightsgranted. of the owner, under Article 429 of been (2000) The coconut of be Federico is surrounded by Hidden Treasures according to farm his own representation when he the Civil Code may repelled or prevented. the lands of Romulo. seeks a right of (1997) applied a license to any establish the Ernie has for the right to Federico exclude person from ALTERNATIVE ANSWER: Ejectment Suit vs. Cancellation of Title way through a portion of the of land Romulo subdivision (Floro us. Llenado, 244 SCRA713). the enjoyment and disposal theof land. Thisto is Yes, may close the to pathway, subject (2005) In anErnie ejectment case filed by against bring his coconut products theDon market. He an attribute of ownership that Ernie enjoys. however, to the rights offor the lotcancellation buyers. Since Cesar, can the latter ask the of has chosen a point where he will pass through there is no access to the public road, this Don's title project considering that he (Cesar) the a housing of Romulo. The latter is wants SUGGESTED ANSWER: results the creation of Explain. away legal which easement. The rightful owner ofanother the lot? (2%) is one him toin pass Cesar cannot ask for the to cancellation of Don's SUGGESTED ANSWER: lot buyers have the right demand that Ernie kilometer longer. Who should prevail? (5%) Romulo title even will if ANSWER: he prevail. is theof rightful Under Article owner of 650 theof lot. the In SUGGESTED grant them a right way. In turn, they have 1. An EASEMENT or value servitude is way an an ejectment, the only issue involved is New Civilfor Code, of of theaction obligation tothe payeasement the ofright the portion one of possession de facto, the purpose of which encumbrance imposed upon an immovable for shall be established at the point least used as a right of way, plus damages. is merely to protect the immovable owner from any physical the benefit of another belonging to c) prejudicial What are to the the servient rights of estate the and lot buyers, where the if encroachment from without. title to of a the land a different owner. (Art. 613, The NCC) any? distance Explain. from the (2%) dominant estate public SUGGESTED USUFRUCT gives right to case enjoy or its ownership isa not involved, for if a property person is highway is ANSWER: the shortest. In ofthe conflict, the Prior to the grant of an easement, the buyers of of actual another the obligation of its in possession thereof, he ispreserving entitled be criterion ofwith least prejudice prevails overtothe the dominant estate have no other right than to v. Anas, G.R. No. L-20617, May 31, form and substance, the title maintained and respected inunless it even against the criterion of shortest distance. Since the route compel grant of easement of right of way. Since 1965) constituting owner himself. it (Garcia or the law otherwise provides. chosen by Federico will prejudice the housing the Since properties the case of filed the by buyers Don are against surrounded Cesar isby an (Art. 562, project ofNCC). Romulo, Romulo has the right to ALTERNATIVE ANSWER: ejectment case, the latter cannot ask for the other immovables and has no adequate outlet Easements; Right of Way; Inseparability demand that Federico pass another way even Easement is an imposed upon an to cancellation a public highway of Don's and title. the isolation He has to is not filedue the (2001) Emma bought aencumbrance parcel of land from Equitablethough it will be longer. immovable for the benefit of another proper action where the issue of ownership to their acts, buyers may demand an easement PCI Bank, which acquired the same from Felisa, immovable belonging to raised. a different owner of over a right the property of way provided can be proper indemnity is in the original owner. Thereafter, Emma Ejectment Suit; Commodatum which case it is called real orgranted predial is easement, paid and the right of way demanded discovered that Felisa had a the right of (2006) Alberto and Janine migrated to the the United or forover the benefit of a community or group of shortest and least prejudicial to of Ernie. way the land in favor land of States America, their 4 persons of in which case it is known as personal (Villanueva v. Velasco, G.R. No.behind 130845, Georgina, which had leaving no outlet to a a public Easement; Nuisance; Abatement The distinctions between usufruct and children, one of whom is Manny. They own a easement. November 27,the 2000). highway, but easement was not annotated (2002) Lauro owns an agricultural land planted mostly a) Usufruct includes all Manny uses to of the easement are: duplex apartment and allowed live in when the servient estate was registered under with fruit trees. owns an adjacent property and for Hernando all purposes, including jus one the units. While in the United States, the of Torrens system. Emma then filed a land devoted to his piggery business, which fruendi. Easement is limited to a specific use. is Alberto died. His widow and all his children complaint for cancellation of the right of way, b) (2) two Usufruct meters higher may in beelevation. constituted Although on SUGGESTED ANSWER: executed an that Extrajudicial Settlement of on the ground it had been extinguished by The complaint for cancellation of easement of immovable Hernando has or constructed movable property. a waste Easement disposal Alberto's estate wherein the 2door apartment such failure to annotate. How would you decide right way must fail. The failure to annotate may of lagoon befor constituted his piggery, it on is an inadequate immovable to was assigned by allonly the children to their the controversy? (5%) c) Easement is not extinguished by the the easement upon the title of the servient property. contain the waste water containing pig manure, mother, Janine. Subsequently, she sold the death the owner ofand the dominant estate estate is not among the grounds for and it of often overflows inundates Lauros property to George. The latter required Manny while usufruct is extinguished by the death of extinguishing an easement under Art. 631 of plantation. This has increased the acidity of the to sign a prepared Lease Contract so that he the usufructuary unless a contrary intention Code. Under Article 617, easements soil Civil in plantation, causing the trees the to and his the family could continue occupying d) An easement contemplates two (2) appears. If you were George's counsel, what legal are inseparable from sues the estate to which they wither and die. Lauro for damages caused unit. Manny refused to sign the contract estates belonging to two (2)invokes different owners; a steps will you take? Explain. (5%) actively or passively belong. Once it attaches, to his plantation. Hernando his righthis to alleging that his parents allowed him and SUGGESTED ANSWER: usufruct contemplates onlyunder one property (real it can only be extinguished Art. 631, and the benefit of a natural easement in favor of his family toGeorge's continue counsel, occupying the premises. If were I are would first demand orI personal) whereby the usufructuary uses and they exist even if they not stated or higher estate, which imposes upon the lower SUGGESTED ANSWER: ALTERNATIVE ANSWER: that Manny vacate the apartment. If Manny enjoys the property as well as its fruits, while annotated as an encumbrance on the Torrens estate of Lauro the obligation to receive the Hernando wrong. It is true that1529, Lauros land Under Section 44, PD No. every refuses, I is will file an ejectment suit. When another owns the naked title during the period title of descending the servient estate. (II Tolentino 326, waters from the higher estate. Is is burdened with the natural easement to registered owner receiving a certificate of title e) A usufruct may alienated Manny was allowed bybe his parents separately to occupy of theed.) usufruct. 1987 Hernando correct? (5%) accept or the which and naturally pursuant toreceive a decree of water registration, every from the property to which it attaches, while an the premises, without compensation, the and without interruption of man descends from subsequent innocent purchaser for value, shall easementof cannot be alienated from contract commodatum was separately created. Upon a higher to father, ait lower estate. However, hold the estate same free from all encumbrances the property to which attaches. death of the the contract was Hernando has constructed a waste contract. disposal NOTE: Iton is said recommended by This the except those noted certificate. extinguished as it is a purely personal lagoon for his piggery Committee and that it is this any waste twowater (2) rule, however, admits of exceptions. As the new owner of the apartment George is Under Act 496, as amended by Act No. 2011, Extra-Judicial Partition; distinctions Fraud should be Hernando given full that flows downward to right Lauros land. entitled to exercise his of possession over SUGGESTED ANSWER: and Section 4, Act. 3621, an of easement if has not (1990) credit X was the owner of a 10,000 square meter has, thus, interrupted the flow water and the same. registered remain be held to property. X shall married Y andand out of their union. A, created and is maintaining a shall nuisance. Under pass with the born. land until cutoff B and C were Act. 697 NCC, abatement of or a nuisance does not preclude recovery of damages by Lauro even for the past existence of a nuisance.

(a) Yes, minority can be a basis to nullify the partition because D, E and F were not properly represented by their parents or guardians at the time they contracted the extrajudicial partition. (Articles 1327. 1391, Civil Code). (b) In the case of fraud, when through insidious words or machinations of one party the other is induced to enter into the contract without which he would not have agreed to, the action still prosper because under Art, 1391 of the Civil Code, in case of fraud, the action for annulment may be brought within four years Hidden from the discovery of the fraud. Treasure (1995) Tim came into possession of an old map showing where a purported cache of gold bullion was hidden. Without any authority from the government Tim conducted a relentless search and finally found the treasure buried in a new river bed formerly part of a parcel of land owned by spouses Tirso and Tessie. The old river which used to cut through the land of spouses Ursula and Urbito changed its course SUGGESTED ANSWER: through natural causes. To whom shall the The treasure was found in a property of public treasure belong? Explain. dominion, the new river bed. Since Tim did not have authority from the government and, therefore, was a trespasser, he is not entitled to the one-half share allotted to a finder of hidden treasure. All of it will go to the State. In addition, under Art. 438 of the NCC in order that the finder be entitled to the 1/2 share, the treasure must be found by chance, that is by sheer luck. In this case, since Tim found the ALTERNATIVE ANSWER: treasure not by chance but because he The law grants a one-half share to a finder of relentlessly searched for it, he is not entitled to hidden treasure provided he is not a trespasser any share in the hidden treasure. and the finding is by chance. It is submitted that Tim is not a trespasser despite his not getting authority from the government, because the new river bed where he found the treasure is property for public use (Art. 420 NCC), to which the public has legitimate access. The question, therefore, boils down to whether or not the finding was by chance in view of the fact that Tim "conducted a relentless search" before finding the treasure. The strict or literal view holds that deliberate or intentional search precludes entitlement to the one-half

SUGGESTED ANSWER:

chance" means "by accident", meaning an unexpected discovery. The liberal view, however, would sustain Tim's right to the allocated share interpreting the phrase in question as meaning "by a stroke of good fortune", which does not rule out deliberate or intentional search. It is submitted that the liberal view should prevail since in practical reality, hidden treasure is hardly ever found without conscious effort to find it, and the strict view would tend to render the codal provision Marcelino, treasure hunter as just a hobby, in questiona illusory. has found a map which appears to indicate the location of hidden treasure. He has an idea of the land where the treasure might possibly be found. Upon inquiry, Marcelino learns that the owner of the land, Leopoldo, is a permanent resident of Canada, Nobody, however, could give him Leopoldo's exact address. Ultimately, anyway, he enters the land and conducts a Leopoldo learning of Marcelino's "find", seeks search. He succeeds. to recover the treasure from Marcelino but the latter is not willing to part with it. Failing to reach an agreement, Leopoldo sues Marcelino for the recovery of the property. Marcelino contests the action. How would you decide the SUGGESTED ANSWER: case? I would decide in favor of Marcelino since he is considered a finder by chance of the hidden treasure, hence, he is entitled to one-half (1/2) of the hidden treasure. While Marcelino may have had the intention to look for the hidden treasure, still he is a finder by chance since it is enough that he tried to look for it. By chance in the law does not mean sheer luck such that the finder should have no intention at all to look for the treasure. By chance means good luck, implying that one who intentionally looks for the treasure is embraced in the provision. The reason is that it is extremely difficult to find hidden treasure without looking for it deliberately. Marcelino is not a trespasser since ALTERNATIVE ANSWERS: there is no prohibition for him to enter the 1. Marcelino did not find the treasure by premises, hence, he is entitled to half of the chance because he had a map, he knew the treasure. location of the hidden treasure and he intentionally looked for the treasure, hence, he is not entitled to any part of the treasure. 2. Marcelino appears to be a trespasser and although there may be a question of whether he found it by chance or not, as he has found the hidden treasure by means of a treasure map, he will not be entitled to a finder's share. The hidden treasure shall belong to the owner. 3. The main rule is that hidden treasure belongs to the owner of the land, building or other property on which it is found. If it is found by chance by a third person and he is not a trespasser, he is entitled to one-half (1/2). If he is a trespasser, he loses everything.

Ramon has acquired the by (Antonio), acquisitive nuisance. interest in the property by way of the ofland mortgage. seller It was given of warehouse A and by law shall where to be apaid mortgagor he deemed processes to the cover and same? stores only Explain. the his land as security considered undivided as a interest redemption whatever he had in purchasing the prescription, and because of laches on the part SUGGESTED ANSWER: with expressly the metes agreed and bounds between of thethe lot sold parties being in (2%) rights timber and for shipment. interests of Adjoining B C the in warehouse the house property from the bank. In and brief, how will you of redemption is different from the of Rosario. Ramon's possession of signifying the was The stated. the Bart mortgage and Carlos reacted contract by thatland upon and is a equity lot. furniture The mortgage factory of owned shall be by NARRAMIX to the of answer the complaint C and D, limited if you were c) A house of prostitution right of redemption. EQUITY OF REDEMPTION is SUGGESTED ANSWER: adverse because he asserted sole ownership Irrespective of its location and how its business their nonpayment exercise of their of the right debt of redemption on time by X, as the co portion which Salvador (2/3) which ismay a be majority allotted stockholder. to B and C engaged by D as his counsel? (1%) As counsel of B, I shall answer the complaint as the right of the mortgagor after judgment in a thereof and never shared the harvest is conducted, it is a nuisance since it defies, owners. mortgaged Antonio in land his would behalf already and in behalf belong of to in NARRAMIX the partition leased (Art. 493, space Civil in Code). the warehouse follows: When B bought the property, it was not SUGGESTED judicial foreclosure to redeem the property by therefrom. His adverse possession having 1. How would you classify the furniture-making shocks disregards decency and morality. It his buyer, Y. and If X contends defaulted that in they paying, are no would longer Y been now cowhere it ANSWER: placed its furniture-making (c) B's decision to build concrete fence a sole right of redemption since the paying to as the court the the amount ofperiod the continuous and for than 30 by machinery property under the Civil Code? is a public nuisance because of its more injury to the owners, become although theuninterrupted owner the title of covering the mortgaged the property land? machinery. is not binding upon A and C. Expenses to therefore had already expired. Hence, B bought (b) remained Suppose the preceding question, the 2. Suppose debt the lease before contract the sale between or confirmation years, Ramon has acquired the land by judgment Explain. public. has Why? (3%) in in their names as such. May Bart improve the thing owned in common must be the property in an independent unconditional agreement between X Y was that if failed Salvador the sale. and NARRAMIX On the other stipulates hand, that RIGHT at the OF prescription. Rosario isand also guilty of not of d) ACarlos noisy still or dangerous factory inlaches aX private and redeem the lot sold by Antonio? SUGGESTED ANSWER: decided upon by anot majority ofshall the co-owners If the noise injuriously the health and Cthe and D is are co-owners with B of the to pay the mortgage debt to on time, the debt REDEMPTION end of lease the machinery right of the mortgagor become to having asserted her affects right the harvest for sale. land (1%) Explain. (5%) Ownership; Co-Ownership; Prescription No, they may not redeem because there was who represent the controlling interest (Arts. comfort of ordinary people in the vicinity to an property. Therefore, the suit of C and D cannot shall be paid with the land mortgaged by X to redeem the property the of property the lessor, sold will at your an extra-judicial answer be more than 40 years. ALTERNATIVE ANSWER: (2002) Senen and Peter are brothers. Senen migrated no Coownership among 489 and 492. Civil Code).to the buyer in the unreasonable extent, it is a Antonio, nuisance. It isin a and prosper. Y. Would your answer be the same Bart, as the foreclosure the same? Explain. by paying As counsel of B, I shall answer the complaint as SUGGESTED ANSWER: to Canada early while still a teenager. Peter Carlos SUGGESTED to ANSWER: start with. Their parents already public nuisance because there is a tendency to preceding question? Explain. (3%) foreclosure sale the amount paid by buyer Family House; Not Nuisance perthe se (d) C's sole decision to build the grotto not follows: From the facts described, it is would (a) No, Y Bulacan would not become the owner of the Nuisance; stayed in toin take care of their widowed partitioned the land selling separate portions annoy the public. (Velasco v. Manila Electric within one year from such sale. (2006) binding upon A and B who cannot be required appear that the Certificate of sale has not been A drug lord and his family reside in a small land. The stipulation is in nature of pactum v. Court of Appeals, (342 SCRA mother and continued to work on 653 the Family to them. The situation is the the same as in the Co., G.R. No. L-18390, August 6, 1971) to contribute tothey thesell expenses for other the The one-year period of redemption [2000]). bungalow where shabu and commissorium which is prohibited by law. The registered. farm Si even after her death. Returning to the case e) Uncollected garbage Possession embellishment of the thing owned in common begins to run from registration. In this case, it It will become athirty nuisance if substantially property should be sold atitafter public auction and prohibited drugs. When the police found the country some years he had left, (1%) (1998) 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 impairs the comfort and enjoyment ofto the the proceeds thereof applied to the illegal trade, they immediately demolished the Senen seeks a partition of the farm get his the buyer, was able to take delivery of the a owners who the to controlling of Court, the represent property may be them, released by the adjacent The annoyance and the house because according it interest was a indebtedness. Any excess shall given to share asoccupants. the only co-heir of be Peter. Peter SUGGESTED ANSWER: second hand car which she had just bought (Arts. 489 and 492, Civil Code). Judgment debtor or his successor in interest. smell must be substantial as to interfere nuisance per se that should be abated. Can mortgagor. interposes his opposition, contending that SUGGESTED ANSWER: (d) No,United the answer would not be The the same. This (Sec. SUGGESTED ANSWER: from Car Sales Inc. sale 29, Rule 27). It has been held (5%) that this sensibly with the use and enjoyment by this demolition Explain. acquisitive prescription has already set in was and (e) The sale tobe X sustained? shall not bind the 1/3 share No, the demolition cannot be sustained. The is a valid stipulation and does not constitute registered with the Land Transportation Office. includes a joint owner. (Ref. Magno vs.Ciola, 61 persons of ordinary sensibilities. It is a public that estoppel lies to bar the action for partition, of B and shall be deemed to cover only the 2/3 Ownership; Co-Ownership; Redemption house is not a nuisance per se or at law as it is pactum commissorium. In pactum A week later, the seller learned that the check Phil. 80). nuisance because of its injury to of the public. citing his continuous possession the property share (2000) Adied, and C in the land (Art. daughters, 493, Civil Ambrosio leaving three not an of act, occupation, orhis structure which is a commissorium, the acquisition is automatic Ownership; Co-Ownership had been dishonored, but by that time, Justine for at least 10 years, for almost 30 years in Code). B shall the right to redeem the any 2/3 Belen, Rosario and a hacienda which was at have all Sylvia times and under without need of be any further action. In that the nuisance (1992) A, B and C are the co-owners equal shares was nowhere to seen. turned out fact. It is undisputed thatItin Peter has never share sold to X by A and C since X is a third mortgaged to the Philippine National Bank SUGGESTED ANSWER: or instant problem another act is required to be circumstances, regardless of location due of a residential house andto lot. During their coJustine had sold the ownership car Jerico, the present openly claimed sole of the property. person (Art. 1620, Civil Code). Senens action will prosper. Article 494 of the to the failure of daughters to is pay bank, surroundings. A the nuisance per se a the nuisance performed, namely, the conveyance of the Ownership; ownership, the following acts were Co-Ownership; Prescription possessor who knew nothing about the falsified If he Civil everPactum had the intention to do so, Senen New Code provides that no prescription the ) latter foreclosed mortgage and the Mortgage; Commissorium in and of itself, the without regard to property as payment (dacion en pago). respectively done by the co-owners: 1) A check. In a suit by United Car Sales, Inc. (2000 was completely ignorant of it. Will Senens In 1955, Ramon and his sister Rosario inherited Nuisance; Public Nuisance vs. Private To secure a loan obtained from a rural bank, shall run in favor of a co-owner or co-heir hacienda was sold to it as the highest bidder. (2001) circumstances [Tolentino, p. 695, citing Then tilting to one side, to prevent the house from undertook the repair of the foundation the against Jerico for recovery of the car,of plaintiff action assigned prosper? Explain. a parcel ofRiver land Falls in Albay from their parents. Nuisance Purita her leasehold rights over a against co-owners or (5%). co-heirs so long as Six months later, Sylvia won the prize at collapsing. 2) Bbeen and Cunlawfully mortgaged the house v.(2005) Power Co., grand 215 Ala. 655, house, his alleges it had deprived of he its Wheeler Since Rosario was gainfully employed in State with reason whether each of the following stall in the public market in favor of the bank. expressly or impliedly recognizes the cothe lotto and used part of it to redeem the 111 So. 907]. and lot to secure a loan. 3) B engaged a property through fraud and should, Manila, she left Ramon to classification, possess and is a nuisance, and if so, alone give its SUGGESTED ANSWER: The deed of assignment provides that in having case around the lot. 4) C a beautiful ownership nor notified Senen of his hacienda from the bank. Thereafter, she took contractor to build a built concrete fence all consequently, be allowed to recover it without ALTERNATIVE ANSWER: The suit should prosper as to the recovery of cultivate the land. However, Ramon never whether public or private: Article 694 of of default in the payment of the loan, the bank grotto in the garden. 5) A and C sold the repudiated the same. possession of the hacienda and refused the to having to reimburse the Jerico defendant for price Senens action will prosper. This is a the case the car. However, since wasrights not guilty of shared the harvest with Rosario and Civil its Code defines nuisance as was any even act, shall have the to sellprice. Purita's over of land to X for a right very good share fruits with her sisters, contending that the latter had paid. Should prosper? SUGGESTED ANSWER: implied trust. (Art 1441, NCC) Forsuit purposes of any fraud and appears to the be an innocent able to sell one-half of by theher, land in 1985 by omission, establishment, business, condition or the market stall as her attorney-in-fact, and to it was owned exclusively having bought [5%] Sylvia is not correct. The 3 daughters are the prescription under the concept of an owner purchaser for value, he should be reimbursed claiming to be the sole heir of his parents. property, orbank anything else which injures or apply the proceeds to the payment of the loan. it from the with her own money. Is she co-owners of the hacienda being only heirs (Art. 540, NCC). There is such here. cession? Why? (3%) for the price he paid. This is without prejudice Having reached retirement age inthe 1990 Rosario endangers the health or safety of others, or (a) Is A's sole decision to concept repair the 1) Was the assignment ofno leasehold rights a correct or not? (3%) of Ambrosio. When the property was Peter was a co-owner, he never claimed sole 2) Assuming the assignment to be a to United Car Sales, Inc. right of action against returned to the province and upon learning annoys or offends the senses, or shocks, defies foundation mortgage or a of the house binding on B and foreclosed, right of redemption belongs ownership of the is therefore mortgage, does theproperty. provision giving the bank Justine. between two innocent parties, the what had the transpired, the or disregards decency or demanded morality or that obstructs C? As May A require B and CHe to contribute also to the 3 daughters. When Sylvia estopped under Art. 1431, NCC. the their power to sell Purita's rights constitute party causing the injury should suffer the loss. remaining half of the land be given to her as or interferes with the free passage of any 2/3 share of the expense? Reasons. ALTERNATIVE ANSWER: or Ownership; Co-Ownership; Redemption redeemed the entire property before the lapse pactum not? Why? (2%) Therefore, United Car Inc. should her share. Ramon opposed, asserting that he (b) commissorium What is theSales, legal effect of the suffer public highway or street or any body of water Yes, the A suit will prosper because the criminal (1993) In 1937, obtained a loan of P20,000.00 from SUGGESTED ANSWER: It a public nuisance if it affects a the community of the redemption period, she also exercised the loss. has already acquired ownership of land by mortgage contract executed by B and C? or is hinders or impairs the use of property. ANSWER: act of estafa should be deemed to come within 1) The assignment wasof a mortgage, not a SUGGESTED the National City Bank New York, an or neighborhood or any considerable number of the right of redemption of her co-owners on (c) Is B's sole decision to build the prescription, and that Rosario is barred by Reasons. Ramon is It wrong on bothis counts: prescription the meaning ofleasehold unlawful deprivation under Art. cession, of the rights. A cession would American-owned bank doing business in the persons. is a direct encroachment upon their behalf. As such she holding the shares fence binding upon A and C? May B laches from demanding partition did and and laches. His possession as co-owner not 559, Civil Code, as without it plaintiff would not have transferred ownership to the bank. Philippines. To guarantee payment of3 his public rights or in property which results of her two sisters the property, and claims. all the require A and C to contribute their 2/ reconveyance. Decide the conflicting rise to acquisitive prescription. Possession have parted with theof possession of its car. However, the grant authority to the bank to give obligation, A constituted a real estate injuriously to the thereto, public. in It trust is a fruits corresponding for private them. share of the expense? Reasons. (5%) ANOTHER ANSWER: a co-owner isone deemed not adverse to the sell the leasehold rights in case of default is by mortgage on his 30hectare parcel of nuisance, if it affects only a person or small Redemption by co-owner inures to the (d) Is C's sole decision to build the No, the suit will not prosper. The sale is valid other co-owners but is, on the contrary, proof that no such ownership was transferred a) A squatter's hut (1%) agricultural land. In 1939, before he could pay number of of all persons. benefit (Adille It v. violates CA.157 only SCRA private 455). grottois binding upon A and B? May C and Jerico a buyer in good faith. Ownership; Co-Ownership; Redemption deemed beneficial to them (Pongon v. GA, 166 If constructed on is public streets or riverbeds, it and that a mere was constituted. his obligation. A encumbrance died intestate leaving rights. Sylvia, however, entitled to be reimbursed require A and B to contribute their 2/ three 3 ANOTHER ANSWER: (2002) Antonio, Bart, and Carlos are itbrothers. They SCRA 375). Ramon's possession will become is a public nuisance because obstructs the There would have been no need for such children. B, a son by a first marriage, and C the shares of her two sisters in the redemption Under the law onexpense? Sales, when the thing sold is purchased from their parents specific portions share of the Reasons. SUGGESTED ANSWER: adverse when he of has repudiated the cofree use only by the public said places. (City of authority had there been a cession. and D, daughters by a to second marriage. price. (e) What legal effects of without the In delivered the are seller the 2) No, theby clause in the question is buyer not a pactum of a parcel of land as evidenced by three ownership and such repudiation was made Manila v. Garcia, G.R. No. L-26053, February 1940, the bank foreclosed the mortgage for contract of sale executed by A. C and X? reservation of ownership, the commissorium ownership is separates deeds of sale, each deed referring to commissorium. It is pactum known toIfRosario. Assuming that land, the sale constructed on private it is in a SUGGESTED ANSWER: non-payment the principal obligation. As the Reasons. transferred toof the buyer. Therefore the suit 21,1967) when default in the payment of inthe loan a particular lot in meter and bounds. When the 1985 where Ramon claimed he was the sole (a) Yes. A's sole decision to repair the private nuisance because it hinders or impairs only bidder the Inc. extrajudicial foreclosure of United Car at Sales, against Jerico the automatically vests ownership offor the the deeds were presented registration, the heir of his parents amounted a repudiation of use of the property by for theto owner. foundation is binding upon B property and C. B and C sale, the of bank bought the and was recovery the car, the plaintiff should not be Register encumbered property in the bank. In the of Deeds could not issue separate b) A swimming pool the co-ownership, the prescriptive period began must contribute 2/3 of the expense. Each colater issued a certificate of sale. The war allowed to recover car without reimbursing problem given, the the bank does not other automatically This is only not of a nuisance in be the absence of any certificates Title hadtime. to issued, therefore, (1%) to run from that Not more than 30 owner has the towithout compel the cosupervened in right 1941 the bank having the defendant for the price that the latter paid. S. Government, and utilized the same in become owner of the property upon default of unusual condition or artificial feature other in the names of three brothers as co-owners of years having lapsed since then, the claim 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 mortgagor. The bank has to sell the than the mere water. In Hidalgo Enterprises v. Balandan (G.R. No. Lthe entire property. The situation has not Rosario has not as yet prescribed. The claim of Property; Real vs. Personal preservation of the thing (the house) owned in Mortgage; Right of Redemption vs.A's Equity of property which remained with three Santos, 184 SCRA 614, April 1990) flourished, C and D sued B26, for partition property and apply the proceeds to and the 3422, June 13, the Supreme Court ruled changed up to 1952), now, each of the brothers laches is not also but meritorious. Until the Property (1995) common in proportion to their respective Redemption (1999) children who appropriated for themselves the SUGGESTED ANSWER: accounting of the income of the property, indebtedness. Mortgage; Pactum that a swimming pool is but has been receiving rentals exclusively from the repudiation of the co-ownership was made interests (Arts. and 488, Civil Code). income from it.485 In 1948, B bought the property claiming that as heirs of their father they were Commissorium (1999) Page 64 119has lot actually purchased by him. Antonio sells his known to the other co-owners, no of right from the bank using the money he received as co-owners lot to a third person, with notice to his brothers. been violated for the said co-owners to back pay from the U. To enable the buyer to secure a new title vindicate. Mere delay in vindicating the in right, standing alone, does not constitute laches.

CIVIL CIVIL LAW LAW Answers Answers to tothe the BAR BAR as Arranged Arranged by byTopics Topics(Year (Year 19901990ALTERNATIVE ANSWER: 2006) (a) a his duplication name, X borrowed the of deed money nature of sale from 2006) was Y thus, and made gave could to a piece refer not Are (b) thereof Salvador, be to of the The and right a timber mortgage offering of redemption concessionaire, toshall reimburse not andbind the Bbuilt for equity the on 1/3 of his right lot and a

SUGGESTED ANSWER: registers the corresponding deed of sale. be? and The warehouse whichof is construction Because the annotation the a notice of levy is adhered to the soil is an immovable by nature carried over to the new title in his name, the under 415an (1)action and the proper venue of any BUYERArt. brings against the JUDGMENT case to recover ownership of the same, which CREDITOR to cancel such annotation, but the is what the purpose the to annul latter claims that his of lien is complaint superior because it the Deed ofthe Sale amounts to, should was amended annotated after adverse claim of the ADDITIONAL ANSWERS: SUGGESTED be the place where theceased property located, or BUYER hadANSWER: ipso facto to is be effective. 1. Buildings are always immovable property, and The suit will prosper. While an adverse claim the RTC of Bulacan. Will the suit prosper? [5%] even annotated in the instances thea parties to a duly at the where back of title under contract seem to have dealt with it separate Section 7O of P.D. 1529 is good only for and 30 apart from the landthereof on which stood in no wise days, cancellation is it still necessary to does itit change its otherwise, character the as inscription immovable render ineffective, property. A building is an immovable even if the not thereof will remain annotated as a lien on erected by the the owner of adverse the land. Theis only property. While life of claim 3O criterion is union or incorporation with the O.G. 4374) (Reyes andit Puno, Outline of days under P.D. 1529, continuous to soil. be (Ladera vs. Hodges (CA) 48 Philippine Civil Law, Vol. 2. p.7) effective until it is canceled by formal petition The cancellation of of the notice of levy is filed with the Register Deeds. 2. The warehouse built by Pedro on1529 the justified under Section 108 of P.D. mortgaged property is real property within the considering that the levy on execution can not context of Article 415 of the New Civil Code, be enforced against the buyer whose adverse although it was built by Pedro after was the claim against the registered owner foreclosure sale without the knowledge and recorded ahead of the notice of levy on consent ofof the owner which makes him a Annotation Lisnew Pendens; When Proper execution. builder in his badhouse faith, and thislot does not alter (2001) Mario sold to Carmen for the P1 character of the warehouse as a real property million payable in five (5) equal annual by incorporation. It is a structure which cannot installments. The sale was registered and title be removed without causing injury to the land. was issued in Carmen's name. Carmen failed If the examinee does not mention So, pay my (Note: advice tothree Pedro is to file theand case with to the the last Mario that structure installments was built by a builder in the RTC of Bulacan, the situs of the property, filed an. action collection, damages bad faith, it for should be given full credit). and attorneys fees against Sower; Good Faith/ her. Bad Upon filing of the complaint, he caused a notice of and lis pendens Faithcultivated (2000) a parcel of land Felix planted to it SUGGESTED ANSWER: be annotated on Carmen's title. Is the notice of to sugar cane, believing it to be his own. When The notice of lis pendens is not proper for the lis pendens proper or not? Why? (5%)old, and the crop eight months reason that was the case filed by Mario against harvestable afterfor twocollection, more months, a resurvey Carmen is only damages, and of the land showed that it really belonged to attorney's fees. SUGGESTED Fred. What ANSWER: are options available to Fred? Annotation of the a lis pendens can As to the pending crops planted byonly Felixbe in (2%) done in cases involving recovery of good faith, Fred has the option of allowing Felix possession of cultivation real property, or to quiet to continue the and to harvest the title or to remove cloud thereon, or and for crops, or to continue the cultivation partition or any other proceeding harvest the crops himself. In the latter option, affecting title to the land or however, Felix shall have the rightthe to ause part or of occupation thereof. The action filed by the expenses of cultivation and to a part of the Foreshore Lands Mario does not fall on anyoneto ofthe these. ALTERNATIVE ANSWER: net harvest, both in proportion time of (2000) Regina has been foreshore land from Since sugarcane isleasing not a perennial crop. Felix possession. (Art. 545 NCC), the Bureau of a Fisheries Aquatic Resources is considered sower inand good faith. Being so, for 15 The years. Recently, she to learned Art. the 448 past applies. options available Fred that able to obtain a free patent from are: Jorge (a) towas appropriate the crop after paying the Bureau of Agriculture, covering the same Felix the indemnity under Art. 546, or (b) to land, on the of a certification by the require Felix tobasis pay rent. Usufruct District Forester that the same is already (1997) On 1 January 1980, Minerva, the owner a "alienable and disposable". Moreover, Jorgeof had building,registered granted Petronila a usufruct the already the patent with the over Register property until June 1998 when a of Deeds of the01 province, and he wasManuel, issued an son of Petronila, would have his 30th Original Certificate of Title for reached the same. Regina SUGGESTED ANSWER: birthday. Manuel, however, of died on Original 1 June filed an action forannulment annulment of Jorge's title on An action for the Jorge's 1990 when he was only 26 years old. the ground that it was obtained fraudulently. Certificate of Title will prosper on the following Minerva notified Petronila that the usufruct had Will the action prosper? (2%) (1) Under Chapter IX of C .A, No. 141, grounds: been extinguished by the death of Manuel and otherwise known as the Public Land Act, demanded that the foreshore lands are disposable for

CIVIL LAW Answers to the BAR as Arranged by Topics (Year 19902006) If to consulted, the seller-owner what would the agreed your legal purchase advice price inresidential, latter full vacate commercial, the premises industrial, and deliver or similar the same to the

purposes, former. Petronila and only refused by lease to vacate when not theneeded place productive on the government by ground that the for public usufruct service. in her favor would expire only on 1 June 1998 when Manuel (2) If the land is suited or actually used for that would have reached his 30th birthday and fishpond or aquaculture purposes, it comes the death of Manuel before his 30th birthday under the Jurisdiction the Bureau of did not extinguish the of usufruct. Whose SUGGESTED ANSWER: Fisheries and Aquatic Resources (BFAR) and contention should be accepted? Petronila's contention is correct. Under Article can only be acquired by lease. (P.D. 705) 606 of the Civil is Code, a usufruct granted for (3) Free Patent a mode of concession under the time41, that may elapse a third person Section Chapter VII of before the Public Land Act, reaches certain age shall for the which is a applicable only for subsist agricultural lands. SUGGESTED ANSWER: number of years specified even if the third 1. machinery movable person should die unless there is an is express (4)The The furniture-making certificate of the district forester that property because it was not installed by the stipulation in the contract that states the land is already "alienable and disposable" owner the tenement. To become immovable otherwise. In the case bar, is no simply of means that the at land is there no longer under Art. 415 (5) of the NCC, theBureau machinery express stipulation that the consideration for needed for forest purposes, but the of ALTERNATIVE ANSWER: by the owner of the must be installed the usufruct is the existence ofof Petronila's Lands could no longer dispose it by free son. This is a usufruct which is clearly intended for ALTERNATIVE ANSWER: tenement. Thus, the general rule and not the exception patent because it is already covered by a lease It depends the circumstances of the case. the benefit on of Manuel until he reaches 30 yrs. If should apply in this case. contract between BFAR and Regina. That the machinery was of attached in a fixed manner, of age with Petronila serving only as irregular a conduit, (5) The free patent Jorge is highly contract must be respected. in such a way thatnot it in cannot be his separated from holding the property trust for benefit. and void ab initio, only because the Bureau the tenement without breaking the material or The death of Manuel at the age of 26 has no statutory authority to issue a free causing deterioration thereof, it is immovable therefore, terminated the usufruct. patent over a foreshore area, but also because property [Art. 415 (3), made NCC]. of the false statements inHowever, his sworn if the machinery can be transported from place to application that he has occupied and cultivated place without impairment of the tenement the land since July 4, 1945, as required by theto which theylaw. were fixed, then itofis movable free patent Under Section 91 the Public SUGGESTED ANSWER: property. [Art. 416 (4), NCC] Land Act, any patent concession or title 2. It is immovable property. When there Acquisition of Lands; Citizenship Requirement is a obtained thru falselease representation is void provision in spouses the making the (2003) In 1970, the Juancontract and Juana de la ab Cruz, initio.Filipinos, In cases of this it isof the lessor, at the bought end of nature, the parcel lease, owner of the then the governmentinstalled that institute annulment machinery by the lessee, said unregistered landshall in the Philippines on the which proceedings considering that the suit machinery considered to have been installed they built ais house which became theircarries with it a lessor prayer for the reversion of the land to by the through the lessee who acted residence. In 1986, they migrated to Canada the state. However, Regina is a party in interest merely as his agent. Having been installed and became Canadian citizens. Thereafter, inby Forgery; Innocent Purchaser; Holder in Bad and the case will prosper because she has a the owner of the tenement, the machinery 1990, they applied, opposed by the Republic, Faith (2005) lease contract for the same land with became immovable .under Art. 415 ofthe the for the registration of the aforesaid land in NCC. Property; Real vs. Personal government. (Davao Sawmill v. Castillo 61 Phil. 709) their names. Should the application of parcel the Property (1997) Pedro is the registered owner of a of SUGGESTED ANSWER: spouses de la Cruz be granted over the land the situated in Malolos, Bulacan. In 1973, Yes, application should be granted. As a he Republics opposition? Why? 5% mortgaged the land to the Philippine National rule, the Constitution prohibits aliens from Bank (PNB) to lands secure loan of P100.000.00. owning private in a the Philippines. This For Pedro's failure to pay the loan, the PNB rule, however, does not apply to the spouses foreclosed on the mortgage in 1980, and the Juan and Juana de la Cruz because at the time land was sold at public auction to PNB being they acquired ownership over the land,for albeit the highest bidder. PNB title thereto imperfect, they were stillsecured Filipino citizens. The in In the meanwhile, Pedro, who was still in 1987. application for registration is a mere possession of the the land, title constructed confirmation of imperfect which the a warehouse onalready the property. In before 1988, they the PNB spouses have acquired Adverse Claims; Notice of Levy sold the land to Pablo, the Deed of Sale became Canadian citizens. (Republic v. CA,was 235 (1998) Section 70 of Presidential Decree No. 1529, amended in 1989 to include the warehouse. SCRA 567 [1994]). Pedro, claiming ownership ofregistered the warehouse, concerning adverse claims on land, files a complaint to annul of the amended Deed provides a 30-day period effectivity of an of Sale before the Regional Trial Court adverse claim, counted from the dateof of Quezon its City, where he resides, against both the PNB registration. Suppose a notice of adverse claim and Pablo. The PNB filed a motion to dismiss based upon a contract to sell was registered on the complaint for improper March 1, 1997 at the instancevenue of the contending BUYER, that the warehouse is real under but on June 1, 1997, or after theproperty lapse of the Article 415(1) the Civil Code therefore 30-day period, of a notice of levy on and execution in the action should have instead been filed in favor of a JUDGMENT CREDITOR was also Malolos, Bulacan. Pedro claims otherwise. The registered to enforce a final judgment for question arose the as registered to whether the warehouse money against owner. Then, on should considered as real personal June 15,be 1997 there having beenor noas formal property. cancellation of his notice of adverse claim, the BUYER pays

LAND TRANSFER & DEEDS

dealing prescribed of title may with and registered be that vulnerable, furthermore, land have the transfer the A was legal in ofright pari the The mortgage Rise Co. and paid to Desiderio the price should in full. be He cancelled moved has certificate High registry to delicto. same rely land on Decide. the and face (5%) the ofissuance the Torrens of new Certificate TCTs to of X into the unit, but somehow was to not go given the without prejudice to his he right after SUGGESTED Title and and Y who to ANSWER: dispense are innocent with the purchasers need to inquire for value Catalino Condominium and/or Certificate the of government Title covering for the The sale oflatter's the land by indefeasible. A to concerned B 3 years after further, render the except when titles the party A person has property. Unknown to him, High Rise Co. compensation from the assurance fund. Fraud; Procurement of Patent; Effect issuance of the homestead patent, being in actual dealing knowledge with registered of facts land and may circumstances safely rely on subsequently mortgaged the entire (2000) violation ofimpel Section 118 the cautious Public Act, In 1979, Nestor applied and was as granted a that the correctness would of a reasonably the of certificate ofLand title man and to condominium building tofor Metrobank security is void from its inception. Free Patent over million. a parcel of agricultural land make the law such will inquiry. not in (Naawan any wayCommunity oblige himRural to go for a loan of P500 High Rise Co. failed to The action filed by the heirs of No. B to128573, declare the with an area of 30 hectares, located in General Bank v. Court of Appeals, G.R. behind the certificate to determine the pay the loan and the bank foreclosed the nullity or inexistence of property the and any to In the given problem, the was already Santos City. He presented the Free to January 13, 2003) condition of the property in contract search for mortgage. At the foreclosure sale, Patent the bank recover the land should be given due course. registered in the name of Rod when he bought the Register of Deeds, and the he highest was issued a hidden defect or inchoate right which may later acquired the building, being bidder. the same from the latter. Don could be corresponding Original about Certificate ofhe Title (OCT) invalidate or diminish the Thus, right to the land. This When Cesar learned this, filed an B's defense of prescription is and untenable 1. The action to annul the sale was instituted in action considered as a buyer in good faith for of No. 375, Nestor sold the land to is the mirror principle of the Torrens System to Subsequently, annul the foreclosure sale insofar as because an action which seeks to declare the of Eddie. The deed of sale was submitted to the 1977 or more than (10) years from the date value. However, since Rod did not actually sell land registration. his unit was concerned. The bank put up the nullity or inexistence A contract does not thereof inof 1957, hence, has long anyexecution property to him, Don has no right it to retain Register Deeds and on thereof, defense of that it relied on the the basis condominium SUGGESTED ANSWER: prescribe. (Article 1410; Banaga vs. Soler, prescribed. ownership over the property. He has only the 2 OCT No, 375 was cancelled and Transfer certificates of title presented by High Metrobank's defense is untenable. As aRise rule,Co., an 8CRA 765) right to recover the purchase priceentry plus of a 2. Under Sec 45 of Act 496, the Certificate ofclean. Title (TCT) No.it 4576 was issued in which were Hence, was a mortgagee On the other hand, B's defense of pari delicto is innocent purchaser for value acquires a good Forgery; Innocent Purchaser; Mirror Principle damages. certificate of title shallas bearegarded as an the name of good Eddie. In 1986, Director of and a buyer in Is this the defense tenable equally While rule, parties (1991) and clean title to faith. the property. However, it is Bruce isuntenable. the registered owner, of a parcel ofwho agreement running with the land, and binding Lands filed a complaint for annulment of OCT or not? Why? (5%.) are pari delicto thereon have no recourse against settled that one who closes his eyes to facts land in with a building and is in peaceful upon the applicant and all his a successors in title No, 375 and TCT No. 4576 on the ground that each other on the principle transgressor that should put a reasonable man on guard is possession thereof. He pays that the real estate that the land shall be and always remain Nestor obtained the Free Patent through fraud. cannot profit from his own wrongdoing, such not an innocent purchaser for value. In the taxes and collects the rentals therefrom. Later, registered land. A title under Act 496 is Eddie filed ANSWER: a motion to dismiss on the ground rule does the not only apply to violations of filed Section SUGGESTED present problem the bank is expected, as a Catalino, brother of Bruce, a 118 indefeasible and to preserve that character, the that he was innocent purchaser for value The motion ofan Nestor to dismiss the complaint of the where Publiche, Land Act because matter of standard operating procedure, to petition misrepresenting to beof thethe title is cleansed anew with every transfer for and in good faith and as such, he has acquired for annulment of O.C.T. No. 375 and T.C.T. underlying public policyand in falsely the said Act " to have conducted an ocular inspection, ofNo. the attorney-in-fact of Bruce alleging value (the De Jesus v City of 29 Phil.has 73; a title to be the property is valid, 4576 should for any the which following conserve land of which a Manila; homesteader promises beforedenied granting loan. Apparently, that the certificate title was lost, succeeded Laperal v City of Manila, 62 Phil 313; Penullar v unassailable and indefeasible. Decide reasons: 1) Eddie claim this protection asthe an acquired by second gratuitous grant from the Metrobank did cannot not follow procedure. in obtaining PNB 120 a S 111). owner's duplicate copy of motion. (5%) purchaser for value nor can he interpose the innocent government for himself and his family ". In Otherwise, it should have discovered that the the title and then had the same transferred in of indefeasibility his title, by keeping this a policy, it has been that defense condominium unit in question of was occupied his namewith through simulated deed of held sale in because his TCT is rooted on a void title. one who purchases a homestead within the Cesar and that fact should have led it to make his favor. Catalino then mortgaged the Mirror Section Principle (1990) of CA No. 141, as five-year prohibitory period can recover Under further inquiry. 91 Under the circumstances, property to Desiderio who had the only mortgage In 1950's, otherwise the Government as acquired a big Public the price which has paid by filing claim amended, Metrobank cannot be known consideredthe a mortgagee annotated on thehe title. Upon learning of a the landed estate in Central Luzon from Act, statements of material facts in the the against the estate of the filed deceased seller Land and buyer in good faith. fraudulent transaction, Bruce a complaint registered owner for subdivision into small applications for public land must be under (Labrador vs. Delos 66 to Phil. 579) under against Catalino andSantos Desiderio have the title SUGGESTED ANSWER: farms and redistribution of bona fide oath. Section 91 of the same act provides the principle that no one shallin enrich himself at of Catalino and the mortgage favor of The complaint for the annulment of Catalino's occupants, F was a former lessee of a parcel of that such statements shall be considered as the expense of In another. Applying the pari Desiderio declared null Will the FIRST ALTERNATIVE ANSWER: Title will prosper. the and firstvoid. place, the second land, area. completion of Rod, five the hectares owner ofinan FX After taxi, found in his essential conditions and parts of the delicto rule to violation of Section 118 of the The action to of declare the nullity of the sale did complaint prosper, will the title of Catalino owner's copy theor title secured by him from the resurvey andor subdivision, F TCT applied to buy vehicle an envelope containing No. 65432 concession, title, permit issued, any false Public Land Act, the Court of Appeals has ruled not prescribe (Art. 1410}, such sale being one and the mortgage to Desiderio be sustained? the Land Registration Court is void ab initio, the said land in accordance with the guidelines over a lot registered in Cesar's name. Posing that "the homesteader suffers the loss of the statement therein, or omission of facts shall expressly prohibited and declared void by the owner's copy thereof having never been of the implementing agency. Upon on full as Cesar, Rod forged Cesar's signature a fruits realized by the vendee who in turn Public Actfact [Art. 1409, par. (7)]. The ipso facto produce the cancellation of the lost, letLands alone the that said second owner's payment of the price in 1957, the Deed of Sale in Rod's favor. Rod registered forfeits the that he has prohibition of improvement the fraudulently law is clearly for and the concession. The patent issued to Nestor in copy of the title was procured corresponding deed of absolute sale it was saidcase document with the Register of Deeds, and this is void ab initio not only because introduced into the land." ( Obot vs. protection of the heirs of A such that their 2) The government can seek annulment of improvidently issued by the Court. In the executed in his favor and was registered, and obtained a new title in his name. After a year, obtained bytransfer fraud but also because itand SandadiUas, 69 OG, April 35, 1966enhance } of Title recovering the property would the was the original and certificates of title second place, the Transfer Certificate in a hectares new was a issued in his name. In he 1961, sold the lot title to Don, buyer in good faith covers 30 which is far beyond the public policy regarding ownership ofvoid, lands In 1977, C filed an action to annul the deeds of the of the land to the state. Eddie's procured by Catalino is equally null and it a) Did Rod acquire title land? Explain. 1963, F value, sold the said land toto X;the and in 1965 X and reversion for who also registered the lot in his maximum of 24 hectares provided by the acquired by homestead patent (Art. 1416). The sale to F, X and Y and their titles, on the ground SUGGESTED ANSWER: defense untenable. The successively protection afforded having been issued on the basis of a simulated (2%) sold it to is Y, law. new titles were issued name. free patent No, Rod acquire to the The defense of pari of delicto is not applicable either, that he did (C)not had beentitle in to actual physical bythe the Torrens System an land. innocent or forged Deed Sale. A forged deed is an in names of the said purchasers. SECOND ALTERNATIVE ANSWER: 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 the absolute nullity andnot conveys title.respect The Prescription does ariseno with to 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 land has been titled thru judicial proceedings mortgage favor of a Desiderio is likewise null actions toindeclare void contract a nullity indefeasibility of of a fraud Torrens Title motion does not on thethe ground of fraud. Upon of where issue becomes academic and void1410). because the mortgagor is not the (Article Neither is the doctrine of pari extend to a transferee who takes the certificate defendants, the trial court dismissed after the lapse of one (1) year from the owner the mortgaged property. While it may delicto of applicable because of public policy. The of title with notice of a flaw. A holderof in their bad complaint, upholding their defenses issuance of the decree of registration. In be under the Mirror Principle" of lawtrue is that designed for "the protection of the the (a) Is the said appeal meritorious? Explain faith of aland certificate of title is not entitled to the being innocent purchasers for value, public grants, the action of the Torrens System of Land Registration, a buyer plaintiff so as to enhance the public policy of (b) Suppose the government agency your answer protection of the law, for law cannot be prescription and laches. Plaintiff appealed. government to annul a the title fraudulently or mortgagee has the to rely the Public Land Act to right give land to on thewhat landless. concerned joined C in filing the said action used as a shield for frauds. (Samonte Court obtained does not prescribe suchv.action If the heirs not allowed to recover, it the could appears on are the Certificate of Title, and in In Appeals, the case at bar, Rod only forged Cesar's Homestead Patents; Void Sale against the defendants, would that change the of G.R. No. 104223, July 12, 2001) and will not be barred by the transfer of be on the ground of inasmuch is as 40 absence of anything to laches excite suspicion, SUGGESTED ANSWER: signature on the -Deed of Sale. It is (1999) In 1950, the Bureau of Lands issued a very Homestead result of the litigation? Explain. the title to an innocent purchaser for years had elapsed and the owner had not under no obligation to look beyond the (a) The appeal is not meritorious. The trial 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 Notice of Lis Pendens; Transferee value.ruled brought any action against B mortgagor's especially if the certificate and investigate the court correctly in from a fraudulently of Rod from the very beginning. As defendant's such, he is B. A died in 1990, and hisgranting heirs filed an action Pendente Lite (2002) latterthis had improved the application land. It would be title, does not find in the motion to dismiss for the following reasons: Discuss the rights of Don, if B any, over not recover entitled to the protection of the to the homestead from onLand the procured rule or improvidently issued second owner's b) detrimental to Bcopy if the plaintiff is allowed to case at hand because here. Catalino's title 1. While there is the possibility that F,the a former the real owner's being still intact and in the the property. (2%) Registration Act. ground that its sale by their father to latter copy, Innocent for recover. possession of the trueinfirmities, owner, suffers fromPurchaser two fatal namely: a) SUGGESTED ANSWER: lessee the land was 118 aware the fact that C is void of under Section of of the Public Land Value (2001) Bruce. The fact that it emanated from a forged deed Page 71 of 119 was the bona fide Law. B contends, however, that the heirs of A of a cannot recover the

CIVIL LAW LAW Answers Answersto to the the BAR BAR as as Arranged Arranged by Topics by Topics (Year (Year 199019902006) It homestead occupant is a well-known thereof from rule him and in anymore for this this jurisdiction because reasonthat his their persons transfer action Cesar bought required to explore a residential beyondcondominium what the record unit in from the

elapsed half from her share. discovery Pacifico of had the asale notice in of one-pro-indiviso already ALTERNATIVE ANSWER: on the title covering the lis pendens annotated 1950. B. Windas claim that the her cancellation Torrens Titleof covering property and ordered the the property is indefeasible and imprescriptible notice of lis pendens. The notice of lis pendens [does not be hold water] immediately is not tenable. The rule could not cancelled because of of a Torrens means theindefeasibility title over the property was with Title a bank to that after year from the date of issue of the which the one property had been mortgaged by decree of registration ifcase. the land has Bart. Pacifico appealed or the While thefallen into the hands of an purchaser appeal was pending andinnocent with the notice of lis for value, the becomes incontestable and pendens still title uncancelled, Bart sold the IMPRESCRIPTIBILITY, on the other hand, means incontrovertible. property to Carlos, who immediately caused that no title to the land in derogation of that of the cancellation of the notice of lis pendens, as the registered owner may be acquired by well as the issuance of a new title in his name. adverse possession or acquisitive prescription Is Carlos (a) a purchaser in good faith, or (b) a SUGGESTED or that the ANSWER: registered owner does not lose by transferee pendente lite? If your The answer is (a), A. Carlos is prescription a buyer in bad faith. notice of extinctive his right to recover how can the right of Pacifico as co-owner be lis pendens was still annotated atland. the back of ownership and possession of the protected? Explain. (5%) The action in this case is for annulment of the the title at the time he bought the land from sale by the notice husband over a conjugal Bart.executed The uncancelled of lis pendens partnership covered by a its Torrens Title . operates as property constructive notice of contents Action contracts are subject to as well ason interests, legal or equitable, included prescription. therein. All persons are charged with the Prescription knowledge of what it contains. In an earlier (1990) In 1960, anheld unregistered parcel land was case, it was that a notice of anof adverse mortgaged by owner O to M, a family SUGGESTED ANSWER: claim remains effective and binding friend, as (b) Even if for the government joins C, through this will not collateral a the loan. Oof acted his notwithstanding lapse the 30 days from Carlos is a transferee pendente lite insofar as alter the outcome of the case so much attorney-in-fact, son S, who was duly its inscription in the registry. This ruling is even Sanchos share the co-ownership in power the land because of estoppel as anaexpress provision in authorized by in way of special of more applicable in a lis pendens. is concerned because the land was transferred Sec 45 of Act 496 and Sec 31 of PD 1529 that a attorney, wherein O declared that he was the to him during the pendency of the appeal. decree of registration and the certificate of absolute owner of the land, that the tax B. Pacifico can his right a co-owner title issued inprotect pursuance thereof shall declarations/receipts were allas issued in be his by pursuing appeal; Court of conclusive upon and against all persons, name, and his that he asking has the been in open, As O was unable to pay back the loan Appeals to the order the re-annotation of the lisplus including national government and all continuous and adverse possession in the interest for the past five [5) years, M had to pendens on the title of Carlos; and by invoking branches thereof, whether mentioned by name concept of owner. Mirror Principle; Forgery; Innocent foreclose the mortgage. At the foreclosure sale, his right of redemption of Barts share under in the application or not. ALTERNATIVE ANSWER: Purchaser (1999) The spouses X the and Y mortgaged a piece of M was the highest bidder. Upon issuance of the Articles 1620 of New Civil Code. A. Carlos final island a purchaser in good faith. A the OCT registered to A,of delivering as well sheriffs deed sale and registration in possessor in good faith has beento defined as and to the latter, but they continued possess January, 1966, the mortgage property was one who is unaware that1/2 there exists a flaw to cultivate the land, giving of each turned over to M's possession and harvest control M which invalidates his acquisition of the thing A in since partial payment of their loan to the latter, has then developed the said property. In (Art. 526, NCC). Good faith consists in the In 1977, after the tenth (10th) death A, however, without the knowledge of X and Y, 1967, O died, survived by sons S and P. possessors belief the person whom anniversary of his father son P from filed a suit to forged a deed of that sale of O. the aforesaid land in he received the thing was the owner of the and annul the mortgage and subsequent sale favor of himself, gotdeed a TCT in his name, same and could convey his title. In the caseland [at of thesold property, etc., on the ground of fraud. He then the land to B, who bought the bar], in on question, while Carlos bought the asserted that the property in question relying A's title, and who thereafter also was got subject property from a notice of lis conjugal in actually belonging, at the a TCT in hisnature name. ItBart waswhile only then that the pendens was still annotated thereon, there time of the mortgage, to O and his wife, W, spouses X and Y learned that their land was had SUGGESTED ANSWER: (a) Is the suit filed by P barred by prescription? also an existing court order canceling the same. whose conjugal share went to their sons (S and been titled in of B's X name. May spouses The action and Y said against B file for Explain your answer. Hence, Carlos cannot be considered as being P) and to O.for an action reconveyance of the land in reconveyance of the land will not prosper (b) After the issuance of the sheriff's final deed aware ofagainst a flaw which invalidates [their] the question b? Reason. (5%) because has aassuming clean title to the of sale in B 1966 inacquired this case, that M acquisition of the thing since the alleged flaw, property being an innocent purchaser applied for registration under the Torrens the notice of lis pendens, was already being for A forged deed is an absolute nullity and value. System and was issued atime Torrens Title to the ordered cancelled at the of the purchase. B. To protect his right over the subject conveys no title. The fact that the forged deed said property in question, would that added On this ground alone, Carlos can already be property, Pacifico should have timely filed an was SUGGESTED registered ANSWER: and a certificate of title was fact have any significant effect on (Po your considered a buyer in good faith. Lam v. action for reconveyance and reinstated the (a) Under Art. 173 of the Civil Code, the action issued in his name, did not operate to vest conclusion? State 347 yourSCRA reason. Court of Appeals, 86, [2000]). notice of lis pendens. is barred by prescription because the of wife had upon an ownership over the property X and Prescription & Laches; Elements only ten (10) years from transaction and Y. The registration of the the forged deed will not of an Laches (2000) In action brought to file collect a sum of money during the marriage to a once suit for the cure the infirmity. However, the title to based on a surety agreement, the defense of annulment of the mortgage deed. Alternative the land is registered in the name of the forger laches was raised as the claim was filed more Answers to (a) first Alternative Answer: and title to the land thereafter falls into the than seven from the maturity of hands of anyears innocent purchaser for value, the latter acquires a clean title thereto. A buyer of a registered land is not

CIVIL LAW Answers to the BAR as Arranged by Topics (Year 19902006) property prescription based and onlaches. the fact More that the than sale 52 included years have the (a) his The obligation. mortgage However, contract the executed action was by O, brought if at all, is

indicates ten-year voidable prescriptive contract on its face since in period quest it involves provided for any a conjugal hidden by law within only a the defect wherein partnership oractions inchoate property. based right The on which written action may to contracts annul the subsequently can be same instituted instituted. defeat in a) 1977, his Will right or the eleven defense thereto. years prosper? This after is the Reason. " execution mirror (3%) principle b) of What the sheriff's ' are of the thefinal Torrens essential sale, system has SUGGESTED ANSWER: which elements obviously makes of prescribed laches? it possible (2%) because: for a forged 1) An deed action to to be No, the defense will not prosper. The problem must be within four years from the annul root a contract of a brought good on title. the ground of(4) fraud did not date give facts from which laches may be Besides, it appears that spouses X andSince Y arethis the of discovery of the fraud. inferred. Mere delay in filing an action, guilty contributory is of in essence negligence an actionwhen to they recover standing alone, does not constitute laches delivered this OCT to the mortgagee without ownership, it must be reckoned from the SUGGESTED ANSWER: (Agra v. PNB. 309 SCRA 509). annotating the mortgage thereon. Between date of execution of the contract or from b) The four basic elements of laches are; (1) them and the innocent for value, the registration the defendant alleged fraudulent conduct on the part of of purchaser the or of one ALTERNATIVE ANSWER: they should bear the loss. document with the assessor's office for the under whom he claims, giving rise to the If the buyer B, who relied on the teller A's title, purpose of transferring the tax declaration, situation of which complainant seeks a remedy; was not aware of the adverse possession of this being unregistered land, (Bael u. (2) inthe asserting the complainant's rights, 2) Ifdelay the by action is to be treated as an the action to the land spouses X and Y, then Intermediate Appellate Court G. R. L-74423 the complainant hadit knowledge or B. B has in his favorhaving the presumption of good recover ownership of land, would have latter cannot recover the property Jan.30, 1989 169 SCRA 617). from notice of the defendant's conduct and having faith which can overthrown prescribed just only the be same because by more than been afforded opportunity to institute suit; adequate proof an of bad faith. However, nobody 10 years have already elapsed since the date SECOND ALTERNATIVE ANSWER: (3) lack of knowledge on property, the part of the buys land without the hence, of the execution ofseeing the sale. (a) The action to the recover has been barred defendant complainant would by assert B could not that have been unaware of such acquisitive prescription in favor of M the right on which If he bases his suit; and (4) adverse possession. after learning of such considering that M to has possessed the land injury or prejudice the defendant in the event possession, B simply closed his eyes and did Prescription & Laches; Indefeasibility under a claim of ownership for ten (10) years relief is accorded to the complainant, or the suit nothing about it, then the suit for Rule Torrens Title (2002) with aof just title. is not held to be barred. reconveyance will prosper as the buyer's bad Way back in 1948, husband sold in (b) If M had secured a Windas Torrens Title to the land, Notice of Lis become Pendens faith will have evident. favor of Verde Sports Center Corp. (Verde) a 10all the more S and P could not recover because (1995) Rommel was issued a certificate of title over a hectare property belonging to their conjugal if at allof their remedies would parcel land in Quezon City.be: One year later partnership. The sale was made without Rachelle, the legitimate owner of the land, Windas knowledge, much less consent. In discovered the fraudulent registration obtained 1950, Winda learned of the sale, when she by Rommel. She filed a complaint against discovered the deed of sale among Rommel for reconveyance and caused the the documents in her husbands vault annotation of a notice of lis pendens onafter the his demise. noticedRommel that the certificateSoon of titleafter, issuedshe to Rommel. construction of the sports complex had started. now invokes the indefeasibility of his title Upon completion of the construction in 1952, considering that one year has already elapsed Winda now files a suit against Verde for the she tried but failed to get free membership from its issuance. also the annulment of the He sale on seeks the ground that she privileges in Verde. cancellation of the notice of Lis pendens. did not consent to the sale. In answer, May Verde SUGGESTED ANSWER: the court cancel the notice may of lis pendens even A Notice of Lisin Pendens be canceled contends that, accordance with the Spanish before final judgment is rendered? Explain. even Code before final Judgment proper Civil which was then upon in force, the sale in showing theproperty notice is for purpose 1948 ofthat the didthe not needof her molesting or harassing the adverse party or concurrence. Verde contends that in any case that notice of lis pendens is the the action has prescribed ornot is necessary barred by A. Define or explain the term laches. P.D. No. Winda 1529) to protect the right of the party who caused title it laches. rejoins that her Torrens B. Decide the case, stating your reasons and for (2%) to be registered. (Section 77, covering the property is indefeasible, your decision. (3%) In this case, it is given that Rachelle is the imprescriptible. SUGGESTED ANSWER: legitimate owner of the land in question. It can A. LACHES means failure neglect, for an be said, therefore, that whenor she filed her unreasonable and unexplained length of notice of lis pendens her purpose was to time, to do what, by exercising due and diligence, protect her interest in the land not justcould to or should have been done earlier. It is molest Rommel. It is necessary to record the negligence to assert a right within Lis pendensor toomission protect her interest because if a reasonable time. (De Vera v. CA, 305 SCRA 624 she did not do it, there is a possibility that the B. While Article 1413 of the Spanish Civil Code [1999]) land will fall into the hands of an innocent did not require the consent of the wife for the purchaser for value and in that event, the court validity of the sale, an alienation by the loses control over the land making any husband in fraud of the wife is void as held in favorable judgment thereon moot and Uy Coque v. Navas, 45 Phil. 430 (1923). academic. For these reasons, the notice of lis Assuming that the alienation in 1948 was in Sancho and Pacifico co-owners of a parcel pendens may not be are canceled. fraud ofSancho Winda sold and, the therefore, makes the sale of land. property to Bart. to Verde void, the action to set aside the sale, Pacifico sued Sancho and Bart for annulment of nonetheless, is already barred by the sale and reconveyance of the

success of the application. It is stillis just a SUGGESTED reclamation of 300 land within does not the prescribe because possession reasons. ANSWER: the interested party inhectares writing, of setting forth the the guarantee not likewise incumbent upon the applicant to prove with well nigh At this point in time, X cannot claim the right of coastal waters the city. or Per se, legal it does not necessary incident of ownership. defects of the of instrument the ground vested ownership over thethe Pangasinan parcel by incontrovertible evidence that he has acquired a title to vest, alienate transfer ownership of land relied upon foror denying registration, and the land that is fit for registration. Absent such registrable acquisitive prescription. Inagreeable addition to such the SUGGESTED ANSWER: under the sea. city merely engaged the advising that if The he is not to title, it is the clear duty of the Land Registration Court to b) Mikaelo's defense of the laches, however, requisites common to ordinary and dismiss the application and declare land as public land. services he of Fil-Estate to reclaim the land for the ruling, may, without withdrawing the appears to be more sustainable. Renren bought extraordinary acquisitive prescription consisting city. documents from the Registry, elevate the Registration; Deed Mortgage of uninterrupted, peaceful, public, adverse and the land and had the sale registered way back matter by Consulta to the of Administrator of the in From for theland facts, it appears it was (1994) 2) Within five {5) days from of An 1965. application registration isthat a How do you register now a (LRA). deed of receipt mortgage actual possession in the concept of owner, Land Registration Authority only in 1998 or after an inexplicable delay of notice of acquisitive denial, the party-in-interest file of a parcel of land originally registered under ordinary prescription for shall ten (10) proceeding in rem. Its main objective is to SUGGESTED ANSWER: 33 years that he took the first step asserting his Consulta with the Register of Deeds establish the status of the res whether it is still the Spanish Mortgage Law? years requires (1) possession in good faith and a) After the Spanish Mortgage Law was 3) After receipt the that Consulta and his right to public the land. It was even an action concerned and pay the of consulta fee. part of our domain as not presumed under (2) just title. "Just title" means the adverse abrogated by P.D. 892 on February 16, 1976, payment of the corresponding fee Register to recover ownership but possession of the Regalian doctrine or hasonly acquired the claimant came into possession of the the property all landsone covered by Spanish titles that were of Deeds makes an annotation of the pending the land. of Bya ordinary standards, of private property. It is33 theyears duty of through of the modes recognized by law for character not brought under the Torrens within consulta at the back of the certificate of title. neglect or inaction is too long and maybe applicant to overcome that presumption the acquisition of ownership but system the grantor was the Judicial Reconstitution of by the six 16] months from the date thereof have 4) The Register of Deeds then elevates the considered unreasonable. As often held with sufficient evidence. not the owner or could not transmit any right Remedies; Title (1996) been considered as "unregistered private In 1989, the heirs of Gavino, who died on case to the LRA Administrator with certified Court, the principle of (Art. 1129. Civil Code). In this case, there is no Supreme Thus, a thereof deed and of mortgage affecting land August lands." 10, 1987, filed a petition for records a summary of the facts "just title" and no "mode" that can be invoked imprescriptibility sometimes has to yield to the claim of laches, however, Torrens is weak originally registered under then the conducts Spanish Mikaelo's 5) The involved. LRA acquisition Administrator reconstitution of his lost or destroyed and X issues equitable principle of laches which can convert by for the of the Pangasinan insofar as the element of equity is concerned, Mortgage Law is now governed by the system hearings after due notice or maydelivery just require parcel of land in owner's Ermita, Manila. This a even to a aregistered land claim into parcel. There was no constructive of the Title being no showingwho in the facts how he of registration oftheir transactions or instruments there parties to submit memoranda. was opposed by Marilou claimed stale demand. Pangasinan parcel because it was not the Primary Entry Book; Acquisitive affecting unregistered underAdministrator Section 194 entered into the ownership and possession of 6) After hearing, land the LRA subject-matter Laches of the (1998) deed of sale. Hence, B ownership of the said land by a series of sales. Prescription; land. of the Revised Code issues an orderAdministrative prescribing the stepas to amended be taken the claimed that Gavino had sold the property retains ownership of the Pangasinan parcel of of She Reclamation of Foreshore Lands; In Renren from Robyn aresolution parcel by Act memorandum No. 3344. bought Under law, the or 1965, the to this be made. Hisinstrument to Bernardo way back in 1941 and as evidence land. Limitations (2000) Republic Act 1899 authorizes municipalities registered land evidenced by a duly executed or transaction affecting unregistered land is thereof, she presented a Tax Declaration in and in consulta shall be conclusive and binding cities to reclaim foreshore lands deed of sale. The owner presented the deed of chartered entered a book provided the purpose upon all in Registers of Deeds for unless reversedbut on 1948 in the name of Bernardo, which cancelled bordering them and to construct thereon sale and the owner's certificate of title to the the registration is purely voluntary appeal by the thereof Court of Appeals or by and the 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 does not Court. adversely affect third Supreme (Section 117, P.D. persons 1529). who 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 as Pursuant procedure of consulta is a mode of have a The better right. duly registered with the Register of Deeds, the 1. A Petition to Review the Decree of is located, in official accordance withHowever, Act 3344. an agreement with the Fil-Estate Realty evidenced receipt. no appeal from by denial by the Register of Deeds of the into first one executed by Bernardo in 1954 selling This can be availed one However, P.D. 892instrument required holders of Spanish Company, authorizing the latter of to within reclaim 300 transfer of certificate of title wasCommissioner issued to Registration. registration of the to the of the same property to Carlos, and the second (1) year from-the entry thereof, but only upon title to bring the same under the Torrens of land from the sea bordering the Renren because the original certificate of title hectares Land Registration. one executed by Carlos in 1963, selling the the "actual fraud." There is no showing Remedies; Judicial Confirmation; System within 6 months from its effectivity on of city,basis with of 30% of the land to be reclaimed to be in Robyn's name was from temporarily misplaced Within five days receipt of the notice same property to her. She also claimed that that M committed actual fraud in securing his Imperfect Title (1993) On June 30, 1986, A filed in the RTC of Abra an SUGGESTED ANSWER: February 16, 1976. owned by Fil-Estate as compensation for its after fire partly guttedparty the Office of the Register denial, the interested may elevate the matter 2. action in personam against M for the she and her predecessors in interest have title to the land; or I willGeneral If IAn were the judge, give due course tobeen the application for registration of title to a parcel of services. The Solicitor questioned the of Deeds. Meanwhile, the land had been by consulta to the claiming Commissioner of Land reconveyance of theof title in their favor. Again, in possession the property since 1948. If you P. D.under No. 1529, thatcousin, since June 12, petition of the theof heirs Gavino despite the land validity of agreement on the ground that it possessed by Robyn's distant Mikaelo, Registration who shall enter an order prescribing the this remedy is available within four years from were the judge, how will you following decide the 1945, he has been in open, continuous, opposition of Marilou for the reasons: will mean reclaiming land under the sea which openly, adversely and continuously in the step to be taken ornotorious memorandum to be made. the date of the discoveryof ofathe fraud but petition? Explain. exclusive and possession and a) Judicial reconstitution certificate of not title is beyond the commerce of man. The City concept of owner since 1960. It was only in Resolution in consulta shallof be binding upon all SUGGESTED ANSWER: later than (10) years fromregistration the date of No. 26 ten partakes of a land occupation of said parcel land of the public under RA. replies that this is authorized by RA. 1899 April 1998 that Renren sued Mikaelo to recover Registers of Deeds provided that the disposable, party in interest Theproceeding Solicitorof General correct. authority of SUGGESTED ANSWER: registration the title in the name of M. and is is perforce aThe proceeding in domain which was alienable and because it authorizes the construction of docks possession. Mikaelo invoked a) acquisitive Prescription; Real a) may Renren's appeal to action the Court to recover of Appeals possession within the of period the City of Cavite under RA 1899 to reclaim rem. It denotes restoration of an existing under a bona fide claim of ownership. After harbors. Who (3%) land prescription and b) laches, asking that he be and Rights (1992) A owned a parcel ofcorrect? unregistered the land will prosper. In 1965, afterhearing buying the prescribed (Sec. 117, P.D. 1529). land is limited to is foreshore lands. The located Act did instrument which has been lost or issuance of the notice of initial and declared owner of the land. Decide the case by 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 condition. publication, as required by law, the petition was evaluating these defenses, [5%]for Tarlac and Pangasinan. His brother B the owned Sale toon the Registry of Deeds reclamation unauthorized, City The purpose ofbeing reconstitution of title or any heard July 29, 1987. On the registration day of the "The the adjoining parcel of unregistered land on together with the owner's duplicate copy of the of Cavite did not acquire ownership over the document is to have the same reproduced, hearing nobody but the applicant appeared. the Pangasinan side. b) If the Court goes beyond that purpose, title, and paid the corresponding registration reclaimed land. Not being the owner, it could after proceedings. In the same form they Neither was there anyone who opposed the ALTERNATIVE ANSWER: A sold theconveyed Tarlac parcel to of X jurisdiction. in athereof deed of sale it acts without or in excess Thus, fees. Under Section 56 ofon PD motion No. 1529, have any to the were when the loss orportion destruction occurred. application. Thereupon, of the the not It depends. If the reclamation of the land from executed as a public instrument by A and X. where the Torrens Title sought to be Deed of Sale to Renren is considered contractor. applicant, the RTC issued an order of general the sea is necessary in the construction of the After X paid in full the, price of the sale, X took reconstituted is in the name of Gavino, the registered from the the time the sale to was entered default and allowed applicant present his docks and the harbors, the City of Cavite is For allDay legal intents and purposes, Renren is possession of the Pangasinan parcel in the court cannot receive evidence proving that in the Book (now called the Primary Entry evidence. That he did. On September 30, 1989, correct. Otherwise, it is not. Since RA 1899 considered the registered owner of the land. belief that it was the Tarlac parcel covered by The appellant urged that the RTC erred in Marilou is the owner of the land. Marilou's Book). the dismissed A'sfault application lack of the to city construct docks and AfterRTC all, it was not his the for Registry the deed of sale executed by A and X. dismissing his application forthat registration and of authorized dominical claim theto land should be sufficient evidence. A appealed to the Court of After twelve (12) years, a controversy harbors, all works that are necessary for arose such Deeds could registration not issue of the corresponding in not ordering his title to the ventilated in a separate civil action before the Appeals. between construction B and are X deemed on the issue authorized. of the ownership Including 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 of 187 SCRA 12-20 (1990); vs. CF1 Cebu Mikaelo's of prescription can not be of the Pangasinan B claims a vested the reclamation of parcel, land Bunagan from the sea. The there was defense no opposition filed by anybody to his general jurisdiction. Branch VI. 97 SCRA 72 (1980); Republic vs. IAC. sustained. A Torrens title is imprescriptible. No right reclamation of ownership being over authorized, the Pangasinan the city is parcel the application. Did the RTC commit the error 157 SCRA 62,66 (1988); Margolles vs. CA, 230 ANOTHER ALTERNATIVE ANSWER: title SUGGESTED to registered ANSWER: land in derogation of the title because B never sold that parcel to X or to owner of the reclaimed land and it may convey attributed to it? SCRA 709; Republic us, Feliciano, SCRA 924. On the assumption that the148 reclamation No, the RTC did not commit the error attributed to it. In an of the registered owner shall be acquired by anyone a portion else. thereof as payment for the services Remedies; Procedure; Consulta contract was entered into before RA 1899 was application confirmation of imperfect or On the other hand, X of claims a vested right of P.D. No, for Judicial prescription orpublic adverse possession. (Section of the contractor. (1994) What is the procedure consulta when an incomplete title to agricultural land under Section 48 repealed by PD 3-A, the City of Cavite is correct. ownership over the Pangasinan parcel by 1529) 47, of the Public Land Act, the lack of opposition and the instrument isthe denied registration? Lands under sea are "beyond commerce acquisitive prescription, because the X possessed consequent order of default against those who did not SUGGESTED ANSWER: of man" in the sense that they are not this parcel for over ten (10] years under claim susceptible of private appropriation, ownership of ownership. or

CIVIL CIVIL LAW LAW Answers Answers to tothe the BAR BAR as Arranged Arranged by byTopics Topics(Year (Year 199019902006) The 2006) Decide alienation. 1) on The Register these contract claims, of Deeds in question giving shall your notify merely the callsanswer The for right orto show recover up on possession the date of of initial registered hearing, land does

CIVIL LAW Answers to the BAR as Arranged by Topics (Year 19902006) Yes. purchaser The property {Rublico registered vs. Orellana is deemed 30 SCRA to 511; be Ubudan held (a) This in An action action does for reconveyance not prescribe. against Withprohibits respect Huey to is Administrative Code of 1987 which officers vs.SCRA Gil real for the owner by the person in whose action employees forproper reconveyance, of the government it would have from prescribed, purchasing trust not Percival's the remedy, because Huey is an 45 17). and

OPTIONAL ANSWER: having been filed more for than ten (10) years after name it isEXTENDED registered. The Torrens system was directly or indirectly any property sold by the innocent purchaser value. The proper Petition for review of the Decree of committed registration and issuance ofgo an after O.C.T. in the name ofor not designed to shield one who had government for nonpayment of Dewey any tax, fee recourse is for Louie to for Registration. A remedy expressly provided in (a) Is the sale tofor Juan If infirmity so, what the Melvin, were it charge. not the inherent ofis the fraud or misrepresentation and thus holds the other public damages by reason ofvalid? the fraudulent Section 32 faith. of P. D. No. 1529 v. (formerly Section latter's Under the facts, the statute of limitations effect title. of the Issuance of the Certificate of Title title in bad (Walstrom Mapa Jr., (G .R registration and subsequent sale of the land. If 38. Act 29 496), this 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. 1990) as cited Martinez, Dewey is insolvent, Louie may file a claim a elements: of a) SC The petition must be filed by a Eduarte v. CA, 323 462, 467 part of the land covered byFund his title actually P10,000.00? If not, Phil. why not? Summary Decisions, January to June, against the Assurance (Heirs of belonged Pedro to dominical or other real rights to the land Remedies; Reconveyance; Prescriptive [1996]). person claiming (c) If the sale is void, did it not nevertheless, Percival. So, instead of 324 nullifying in 591 toto the title of 1990, p. 359], Lopez v. De Castro SCRA [2000] citing registered in the name of respondent. Period (1997) (b) Yes, the remedy will prosper because On 10 September 1965, Melvin applied for a Melvin, operate the to court, divert in the Maria exercise of her of ownership? equity and the If it Sps. b) The registration oflots the-land inand the Lot name action prescribes inprayer ten (10) years, not within free patent covering two Lot A Bjurisdiction, may is grant for the reconveyance of did, who then the owner of the property? of respondent was procured means of actual, Lot one year when a petition for the reopening situated in Santiago, Isabela.by Upon certification B (1) to Percival who has actually possessed the land (not just constructive) fraud, that which must had be of the decree may be After filed. The by the Public Land Inspector Melvin under a registration claim of ownership since 1947. all, if extrinsic. Fraud is actual if the registration action for reconveyance from the is been in actual, continuous, open, notorious, Melvin's title is declared void is abdistinct initio and the land was madeand through deceit or any other petitionto tothe reopen decree of registration exclusive adverse possession of the lots reverted public the domain, Percival would just the intentional downright dishonesty to (Grey Alba v. De la Cruz, 17 Phil. [1910}). since 1925,act theof Director of Land approved same be entitled to preference right to 49 acquire the land enrich oneself at theon expense of another. It is There isgovernment. no need toBesides, reopenwell thesettled registration Melvin's application 04 June 1967. On 26 from the is the rule extrinsic when it is something that was not that once publicbut landthe has property been in open, continuous, proceedings, should just be December 1967, Original Certificate of Title c) The petition must be upon filed within one The action for reconveyance is based on implied On 7 September 1971, Percival a protest raised, litigated and passed in name the main exclusive and notorious possession under a bonafide reconveyed to the real owner. (OCT) No. P-2277 was issued in filed the of (1) year from the date of the issuance of the or constructive trust, which prescribes in ten (10) alleging that Lot B which he had been proceedings. claim of acquisition of ownership for the period Melvln. d) Title to the land has not passed to an years from the date of issuance of the original decree. occupying and cultivating since 1947 was prescribed by Section 48 of the Public Land Act, the Innocent purchaser value (Libudan vs. Gil, certificate of title. This rule assumes the included in the Free for Patent issued in the name same ipso jure ceases to be public and in that contemplation 45_ SCRA 27, Rublico vs. ordered Orrelana. 30 defendant is in possession ofprivate the land. Where of Melvin. The1972), Director of Lands the of law acquired the character of land. Thus, it is the plaintiff who is land in possession of the land,would the SCRA 511, 1969); RP vs. CA, 57 G. The R No. investigation of Percival's protest. Special reconveyance of the from Melvin to Percival 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 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) Evidence of Title (1994) Distinguish the Torrens system of land prosper, considering [1999]). imprescriptible (Davidthat the doctrine of On 28 November 1986, the Solicitor General cultivation of Lot B since 1947. Remedies; Reconveyance; registration from theRepublic system of of indefeasibility of title does notElements apply to free filed in behalf of the ofrecording the Philippines SUGGESTED ANSWER: (1995) Rommel was issued a certificate of title over evidence of title. patent secured through fraud. A certificate ofa a complaint for cancellation of the free patent a) The TORRENS SYSTEM LAND parcel of land Quezon City. to One year later title cannot bein used as shield perpetuate and the OCT issued in theOF name of REGISTRATION Melvin and is a reversion system for the registration of title to the Rachelle, legitimate owner ofthe theperiod land, of Thethe State is not bound by the of the land to public domain onland. fraud. Thus, under this system what is entered in discovered the fraudulent obtained prescription stated in Sec. registration 38 of Act 496. the ground of fraud and misrepresentation the in Registry of Deeds, is a record of the owner's by Rommel. She filed complaint against (Director of Lands vs. a Abanilla, 124 SCRA 358) obtaining the free patent. On the same date, The actionfor forreconveyance reconveyance filed Percival may estate or interest in the unlike the system Rommel andby caused the Percival sued Martin for land, the reconveyance of still prosper provided that the property has not under the Spanish Mortgage Law or the system Melvin filed his answers interposing sole annotation of a notice of lis pendens on the Lot B. passed to an innocent third to party for value (Dablo us. under Section 194 of the Revised Administrative defense in both cases that the Certificate of certificate of title issued Rommel. Rommel Court of Appeals. 226 SCRA 618) , and provided Code as amended by Act 3344 where only the Title issued in his name became now invokes the indefeasibility of his title that the action is filed within the prescriptive period of ten evidence of such title is recorded.upon In the latter incontrovertible and indefeasible the considering that one year has already elapsed years (Tale vs. Court of Appeals. 208 SCRA 266). system, is recorded isissuance the deed of lapse of what one year from the of the free from its issuance. He also seeks the SUGGESTED ANSWER: Since the action was filed by Percival 19 years after Given the circumstances, can the action conveyance from hence the owner's title of the patent. cancellation of the of Lis pendens. Will Yes, Rachelle's suitnotice will prosper becausethat all the issuance of Melvin's title, it is submitted the Solicitor Generalnot and the case for emanatedand the title itself. Rachelle's suit for reconveyance prosper? b) Torrens system land registration is that elements for an action reconveyance are same is already barred byfor prescription. ALTERNATIVE reconveyance filedof by Percival possibly Explain. which is prescribed present, namely: a) Rachelle is claiming ANSWER (to second part of question) The action for SUGGESTED ANSWER: in Act 496 (now PD 1529), prosper? Remedies; Reconveyance vs. Reopening land. b) Rommel procured his title to the land which is be either Judicial or System "If fraud discovered in quasi-judicial. the application which reconveyance dominical rights filedover by Percival the same will prosper, because of recording a Decree; Period (2003) by fraud. c)ceased The action brought within the land has to be was public land and has the led or to the issuance ofPrescriptive evidence of theof patent title is and merely Certificate the Louie, before leaving the to null train as a become statutory period of by open, continuous, public, private land registration evidence of country acquisitions of and land of Title, this of Title becomes ipso facto chef in a five-star hotel in New York, U.S.A., four (4) years from discovery of claim the fraud and not exclusive possession under a bona fide of void. with the Thus, Register in a case of Deeds, where a who person annotates who the entrusted to his first-degree cousin Dewey an than ten (10} years from the date of registration of later ownership for more than thirty years, and Percival is same on the existing title, cancelsmade the old one obtained a free patent, knowingly a false application for registration, under the Land Rommel's title. d) Title to the land has not still in possession of the property at present. His statement and issues of a new material title and based essential on the document facts in his Registration Act, a parcel of land located in action Unregistered passed into the hands can of an for reconveyance be considered as an presented for registration. application for theof same, by stating therein that Bacolod City. A year later, Louie returned to innocent purchaser value. Land (1991) Maria failed to payof the realty taxes on (Olviga CA. GR 1048013. October 21, if the action tov. quiet title, which for does not prescribe the lotEnriquez in question was part the public the Philippines and discovered that Dewey 1993) her unregistered agricultural land located in plaintiff is in possession of the property. domain not occupied or claimed by any other Remedies; of a Decree; of his title Rommel canReopening invoke the indefeasibility registered the land and obtained an Original Magdugo, City. In 1989, to satisfy the person, hisToledo title becomes ipso facto canceled Elements (1992) What are the essential requisites or elements if Rachelle had filed a petition to reopen or Certificate of Title over the property in his taxes due, the City sold it at public auction to and consequently rendered null and void." "It is for the the allowance of the reopening or review of review decree of registration. But Rachelle Deweys name. Compounding the matter, Juan Miranda, an employee at the Treasurer's to the public interest that one who succeeds In a decree of registration? instead filed an ordinary action in personam for Dewey sold the land to Huey, an innocent Office of said City, whose bid at P10,000.00 fraudulently acquiring title to public land should (a) Is the action pursued by Louie the proper SUGGESTED ANSWER: reconveyance. In the latter action, purchaser for to value. Louie promptly an was the highest. In due time, a final and bill filed of sale not be allowed benefit therefrom the (b) Assuming that reconveyance is the proper remedy? The essential elements are: defense (1) that the indefeasibility is not a valid because, in action for reconveyance of the parcel of land was executed in his favor. Maria refused to State, through the Solicitor General, may file remedy, will the action prosper if the case was petitioner has a real or dominical right; (2) that filing such action, Rachelle is not seeking to against Huey. turn-over the possession of the property to Juan the corresponding action for annulment of the 3- he has been deprived thereof through fraud; filed beyond one year, but within ten years, Lands us. Hon. Pedro Samson Animas, L-37682, nullify nor to impugn the indefeasibility of alleging that (1) she had been, in the patent and the reversion of the land involved to from the entry of the decree of registration? (3) that the petition is only filed asking within one (1) year 29-74.) Rommel's title. She is the court to meantime, granted a free patent and on the SUGGESTED ANSWER: the ALTERNATIVE ANSWER: 5% public domain" (Dinero us. Director of from the issuance of the decree; and (4) that compel Rommel to reconvey the title to her as basis thereof an vs. Original Certificate of Title was Lands; Kayaban Republic L-33307,8-20-73; the property has not yet been transferred to an the legitimate owner of the land. issued toof her, and (2) the sale in favor of Juan is Director innocent void from the beginning in view of the provision in the

other withdrawal to action factors for into rescission ofoutside contracts the information of the the and debtors deed the against impairment of conditional Lolita and of theenter Roland filed an her freedom his sale, control. release plus damages. to from play jail. and Will enjoy The theparents basketball. action prosper? failed to SUGGESTED ANSWER: comply with Explain. their promissory note and the No, (d) The the obligation action will is not valid. prosper. The death The of action the son for Can Roland be bound by the contract he finance company sued them for specific rescission of cancer within may one be year brought is made only a negative by the SUGGESTED ANSWER: entered into with Lady Love or can he performance. Will the action prosper or not? The will prosper. The promissory note aggrieved suspensive party condition to the to contract. making Since the was disregard the same? Ishis he liable at all? it How (3%) action executed by Lolita's parents is valid and SUGGESTED ANSWER: Salvador payment. The who obligation failed is todemandable comply with if the his about Sweet Taste? Is it liable to Lady Love? Roland isnot bound by the contract heaggrieved entered binding, the consideration being the conditional son does obligation, die within he one is year not(Article the 1185, into with and he cannot disregard extinguishment of Lolita's civil liability and not party NCC). whoLady may Love file the action for rescission but ALTERNATIVE Conditional Obligations; same, principles of obligatoriness stifling ofANSWER: thethe criminal prosecution. the Star under Semiconductor Company. The The action will not prosper because the Promise (1997) In two separate documents signed byrescind him, Juan of contracts. Obligations arising from contracts company, however, is not opting to the consideration for the promissory note was the SUGGESTED ANSWER: Valentino "obligated" himself to Maria have the force of law between the parties. contract but has chosen to each waive Salvador's Yes, Roland is liable under the contract asI far non-prosecution ALTERNATIVE ANSWER: of the criminal case and to Perla,with thus - 'To Maria, my truefor love, compliance the condition which it estafa. can do The action for rescission will not prosper. The as Lady Love is concerned. He is liable for This cannot be done anymore because the obligate myself to give you my one and only under Art. 1545, NCC. buyer has under not committed breach, letmy alone damages Article 1170 the Code information has already been filed inCivil court and horse when I feel like It." - any andof -'To Perla, a substantial or serious one, to warrant since he contravened the tenor of his to do it is illegal. IThat the consideration true sweetheart, obligate myself to pay for youthe rescission/resolution sought by the vendor. On obligation. Not being a contracting party, promissory the stifling oflike theit." criminal the P500.00 note I oweis you when I feel the contrary, it is the vendor who appears to Sweet Taste not bound by the contract but it prosecution is evident from the execution by Months passed but Juan never bothered to have failed to comply with the condition can be held liable under Art. 1314. The basis of the finance company of the affidavit of make good his promises. Maria and Perla came imposed by the contract the of but which its liability is not prescribed by contract is desistance immediately after the execution by to consult you on whether or fulfillment not they could would have rendered the obligation to pay the founded on quasi-delict, assuming that Sweet Lolita's parents of the promissory note. The recover on the basis of the foregoing settings. SUGGESTED balance ofANSWER: the purchase price demandable. Taste knew of the contract. Article 1314 ofnote the consideration being illegal, the promissory What would your legal advice be? Contract of Option; I would advise Maria not to bother after Further, far from being to running comply with Civil Code provides that any third person who is invalid and may not unable be enforced by court ALTERNATIVE ANSWER: Elements (2005) Marvin toto construct thecontract house of Carlos Juan for the latter to make his promise. what is offered incumbent upon it,good ie., pay the balance induces another violate his shall be action. It is assumed that Lady Love knew of the for a very reasonable price of P900,000.00, [This is because a promise is not an actionable of the price the buyer has offered to pay it even liable for damages to the other contracting contract. Neither Roland nor Sweet Taste would giving the latter days within which to wrong that allows a 10 party to recover especially without the vendor having complied with the party. be liable, because the damages restriction in day, the accept or reject the offer. On the fifth when she has not suffered resulting suspensive condition attached to the payment contract is violative of Article 1306 being before Carlos could make up his mind, Marvin from such promise. A promise does notas create of the price, thus waiving such condition as well contrary to law morals, good customs, public a) What is the effect of the withdrawal withdrew his offer. an obligation on the part of Juan because it is of as the 60-day term in its favor The stipulation order or public policy. Marvin's offer? (2%) not something which arises from a contract, that the of P100,000.00 down payment shall be Nature Contracts; Privity of SUGGESTED ANSWER: law, quasi-contracts or quasidelicts (Art, if the returned by the vendor to the vendee Contract (1996) The Baldomero withdrawal leased of Marvin's his house offer with will a telephone cause the 1157)]. Under Art.removed 1182, Juan's promise to squatters are not six months, is offer toThe cease in law.within Hence, even if to Jose. lease contract provided that Jose Maria is void because a conditional obligation also a covenant for the benefit of the vendee, subsequently shall pay for all accepted, electricity, there water and could telephone be no As regards Perla, the document is an express depends uponlatter the sole will of the obligor. which validly waived by concurrence the offer and thethe acceptance. In servicesthe in of the leased premises during the acknowledgment of ahas debt, and promise to implication when it offered to pay the balance the period absence of the of lease. concurrence Six months of later. offer Jose and pay what he owes her when he feels like it is of the purchase price upon the execution of a acceptance, there can be no consent. (Laudico surreptitiously vacated the premises. He left equivalent to a promise to pay when his means deed of absolute sale by the vendor. (Art. 1545, Aleatory Contracts; v. behind Arias unpaid Rodriguez, telephone G.R. bills 16530, forto overseas March permits him to do so, and isNo. deemed be one NCC) Gambling (2004) A. Mr. ZY lost P100,000 in to a card game called 31, 1922) Without there is no telephone calls amounting over P20,000.00. with an indefinite periodconsent, under Art. 1180. Hence Russian poker, but he no more cash to pay perfected Baldomero contract refused for to had pay theafter the construction said bills on of the the amount is recoverable Perla asks the in full the winner atas the time the session house of Carlos. (Salonga v. Farrales, G.R. ground that Jose had already substituted him court to set the period provided by Art. 1197, Conditional Obligations; Resolutory ended. He promised to1981) pay PX, the winner, No. as the L-47088, customer July of10, the telephone Article company. 1318 of par. 2. Condition (1999) In 1997, Manuel bound himself to sellcan Eva a so two weeks thereafter. But he failed to be do the Civil Code provides that there no The latter maintained that Baldomero remained house lot which is being rented another despite the lapse offar two soby PX filed in contract as his and customer unless the as following asmonths, their requisites service contract concur: SUGGESTED ANSWER: Marvin will not be liable to bar pay of Carlos any person, if Eva passes the 1998 court a suit to collect the amount P50,000 (1) consent of the parties; (2) object was telephone concerned, notwithstanding the certain lease The company isthe correct because as damages for withdrawing offer before the examinations. Luckily for Eva, she passed said that he won but Baldomero remained Will the which contract is it the between subject matter of unpaid. and the contract; Jose. Who and is far as is concerned, the only person it lapse of the period granted. In this case, no (a) Suppose Manuel had sold the same house examinations. collection suit against ZY prosper? Could Mrs. (3) cause of the obligation. correct, Baldomero or the telephone company? contracted with was Baldomero. The telephone SUGGESTED ANSWER: consideration was given by Carlos for the and lot in to turn another before Eva passed the 1998 ZY file a suit against PX to recover the Explain. company has contract with Jose. Baldomero A. 1. The suit no by PX to collect the balance of option given, thus there is no perfected bar examinations, is such sale valid? Why? P100,000 that her Jose husband lost? Reason. (5%) cannot substitute in his stead without the what he won from ZY will not prosper. Under contract of that option for who lackis of cause (b) Assuming it is Eva entitled to of (2%) consent of the telephone company (Art. 1293, Article 2014 of the Civil Code, noheld action be obligation. Marvin cannot be tocan have buy said house and lot, is she entitled to the NCC). Baldomero is, therefore, liable under the maintained by the winner for the collection of breached the contract. Thus, he cannot be held rentals collected by Manuel before she passed Nature ofhas Contracts; Relativity of contract. b) Will your answer be the same if Carlos what he won in a game of chance. liable for damages. the 1998 bar examinations? Why? (3%) Contracts (2002) Printado is engaged the printing business. paid Marvin P10,000.00 as Although poker mayin depend in consideration part on ability, Suplico supplies printing paper to Printado for option? Explain. (2%) it is that fundamentally a game of chance. ALTERNATIVE ANSWER: pursuant to an order agreement which 2) If the money paid by ZY to PX under was conjugal Mycommunity answer will be tothe same as could to the Suplico binds himself deliver the same or property, the wife of ZY perfection of the contract for the construction volume of paper every month for117(7) a period 18 sue to recover it because Article of of the of the house of Carlos. perfected contract months, withprovides Printado in No turn agreeing to pay Family Code that losses in gambling arises because of lack of consent. the within 60 days after each delivery. has or betting are borne exclusively by Suplico theWith loserwithdrawal of the offer, there could be been faithfully delivering under the order spouse. Hence, conjugal or community funds no concurrence of10 offer andfor acceptance. agreement months but thereafter may not be for used to pay such losses. If the stopped doing so, because Printado has not money were exclusive made

CIVIL LAW LAW Answers Answersto to the the BAR BAR as as Arranged Arranged by Topics by Topics (Year (Year 199019902006) then constitutes Salvador not depend executed consigned solely an an undue affidavit onthe the interference P will of 100,000.00 of desistance the debtor within which the but court, right also led any property condition and on of to payment of ofZY, Eva athis all. passing wife Printado may the also 1998 has also sue Barto a Examinations. standing recover it

OBLIGATIONS

My answer will not be the same as to damages. Article with publisher 2016 of Publico the Civil for Code the if printing she and of the 10,000 contract under Marvin needed will liable for damages for was breach of volumes family of be school the textbooks. money for support. Suplico ALTERNATIVE ANSWER (2): contract of option. With the payment of the aware of said printing contract. After printing A. (2). Mrs. ZY cannot filealso a suit to to recover consideration for the option given, and withwhat the 1,000 volumes, Printado fails perform her husband lost. Art 2014 of the Civil Code consent of the parties and the object of contract under its printing contract with Publico. Suplico provides that for any loser a the game of chance beingPrintado present, a perfected contract of option was (San Miguel, Inc. v.in Huang, G.R. No. sues the value of unpaid may recover his loss from theArticle winner, with created. 137290, July 31, 2000) Under 1170 of deliveries under their order agreement. At the legal interest from the time paid amount the Civil Code, those who inhe the performance of same time Publico sues Printado for the damages lost. This means that only he of cancontravention file the own suit. their obligation are with guilty for breach of contract respect to their Mrs. ZY cannot recover as a spouse who thereof, as in this case, Marvin did has not printing agreement. In the when suit filed by Suplico, SUGGESTED ANSWER: interest in the absolute community property or give Carlos the agreed period of ten days, are Printado counters that: (a) Suplico cannot A. The sale of the landof to gains, Juan is because not valid,under ALTERNATIVE ANSWER: conjugal partnership liable for payment damages. demand for deliveries made under My answer will not be the same if Carlos being contrary law. Therefore, no transfer of Art. 117(7} ofto the Family Code, losses paid are their order agreement until Suplico has Marvin P10,000.00 because an option contract ownership of the land was effected from the borne exclusively by the loser-spouse. completed performance under said contract;the was perfected. Thus, Marvin withdrew delinquent taxpayer to if him. The original Therefore, these cannot be charged against (b) Suplico should pay damages for breach of offer priorcommunity totitle the expiration of or the 10-day certificates of obtained by Maria thru a absolute property conjugal contract; and (c) with Publico should be liable period, he grant breached the option contract. free patent from the Bureau of Lands partnership of gains. This being so, Mrs. for Printados breach of his contract with ZY has Conditional SUGGESTED ANSWER: (Article 1324, Civil Code) under Chapter VII, CA 141 is valid but in view as no interest in law toorder prosecute and recover Publico because the agreement between No, Obligations the contentions (2000) of Printado are untenable. Pedro promised to give his grandson a car if c) Supposing that Carlos accepted the of her delinquency, the said title is subject to she has and no legal standing in court to do so. Suplico Printado was for the benefit of Printado having failed to pay for the printing the latter will pass the bar examinations. When offer before Marvin could communicate his the right of the City Government to sell the Publico. Are the contentions ofinvoices Printado paper covered by the delivery on time, his passed the said examinations, withdrawal thereof? Discuss the legal landgrandson at public auction. The issuance of the OCT SUGGESTED ANSWER: tenable? Explain your answers as tothe each Suplico has the to right to cease making further Pedro give the car on ground consequences. (2%) did notrefused exempt the land from the tax sales. A contract to construct the house of Carlos is contention. (5%) delivery. And did violate the that the condition was anot purely potestative Section 44 of the P.O.latter No. 1529 provides that every perfected. Contracts are perfected by SUGGESTED ANSWER: order agreement (Integrated Packaging of mere one. Is he correct or not? (2%) registered owner receiving a Certificate Title No, he is not correct. First of he all, the condition consent manifested by the meeting of the B. Juan may recover because was not a offer Corporation v. Court of Appeals, (333 SCRA shall hold the same free from an is not purely potestative, because it does Suplico cannot be held liable for damages, for and the acceptance upon the thing and not the party to the violation of the law. 170, G.R. No. 115117, June 8, [2000]). encumbrances, subject to certain exemptions. breach of contract, as it was not he who violated the depend on the sole will of one of the parties. cause which are to constitute the contract. order agreement, but Printado. Suplico cannot be Secondly, even if not it were, it would be title valid (Gomez Court of Appeals, No. C. No, the v. sale did divest Maria ofG.R. her Under Article 1315 of the Code, Carlos held liable for depends Printados breach of contract with because it on the sole of the 120747, precisely because September the sale 21, 2000) is Civil void. Itwill is as good and bound tothe fulfill what has been Publico. is are not a party to agreement entered creditor (the donee) and not of tax the debtor (the as if Marvin no He sale ever took place. In sales, the Conditional expressly stipulated all consequences into by and between Printado and Publico. Theirs is donor). owner is divested of hisand land initially upon Obligations (2003) Are the following obligations valid, why, and if not a stipulation pour atrui. [Aforesaid] Such thereof. Under Article 1167, if Marvin would award and issuance of a Certificate of Sale, they are valid, when is the obligation contracts do could not affect third persons like refuse to construct the house, Carlos and finally after the lapse of the 1 year periodis Suplico because the construction basic civil law principle demandable in of each case? a) If the debtor entitled toof have the be done by a from date registration, to redeem, uponof means to pay; b) If the debtor promises to pay relativity 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 when he likes; c) If the debtor promises to pay can only bind the parties who entered into it, and in that case will be liable for damages under sufficient in form and effects to convey the it Inexistent Contracts Annullable when he becomes a cannot favor or prejudice a vs. third person, even if he Article 1170. property. Maria remained owner of the land Contracts Distinguish briefly clearly between lawyer; If(2004) the debtor but promises to pay if his is aware d) of such contract and has acted with until another tax sale is to be performed in Inexistent contracts and annullable contracts. son, who is sick with cancer, does not die v. knowledge CA, supra.) thereof. (Integrated Packaging favor of a qualified buyer. SUGGESTED ANSWER: within one year. 5% Corporation INEXISTENTANSWER: CONTRACTS are considered as not Rescission of Contracts; SUGGESTED (a) The obligation is valid. It istherefore, an obligation having Proper been Party entered (1996) into and, void In December 1985, Salvador and the Star Consensual vs. Real Contracts; Kinds of subject to an indefinite period because the ob initio. They do not create any obligation and Semiconductor Company (SSC) executed a Real Contracts (1998) debtor himself to pay when his means cannot be ratified or validated, as there is no Deed ofbinds Conditional Sale wherein the former Distinguish consensual from real contracts and permit him to his do so (Article 1180, NCC). When agreement ratify or validate. On the other agreed to sell 2,000 square meter lot in name at least four (4) kinds of real contracts the creditor knows that the debtor already hand, ANNULLABLE or [3%] VOIDABLE CONTRACTS Cainta, Rizal, to the latter for the price of has under the present law. the means to pay, he must file an action in are valid until invalidated by the court but may P1,000,000.00, payable P100,000.00 down, and SUGGESTED ANSWER: CONSENSUAL CONTRACTS are those which are court to fix In the period, and when the definite be ratified. inexistent contracts, one or the balance 60 days after the squatters in more the perfected by mere consent (Art. 1315. Civil the period as by the court arrives, requisites ofset a valid contract are absent. In property have been removed. If the squatters Code). CONTRACTS are those which of are a obligation to within pay all becomes demandable anullable contracts, the elements are not REAL removed six months, the SUGGESTED ANSWER: perfected by present the delivery of the object of the of 9Article 1197, NCC). contract are except that the consent P100,000.00 down payment shall be (b) The obligation to pay when he returned likes is a obligation. 1316, Civil Code) Examples one of vendor the (Art. contracting parties was vitiated by the to the vendee, Salvador filed ofor suspensive condition the fulfillment of which is Nature of Contracts; real of contracts are deposit, pledge, commodatum one them has no capacity to give consent. ejectment suits against the squatters, but in subject to basketball the sole will of the debtor and, Obligatoriness (1991) Roland, a star, was under contract and simple (mutuum). spite of the loan decisions in his favor, the squatters therefore the conditional obligation is void. for one year to play-for-play exclusively for Consideration; still would not NCC). leave. In August, 1986, Salvador (Article 1182, Lady Love, Inc. However, even before the Validity (2000) Lolita was employed a finance company. offered to return the in P100,000.00 down SUGGESTED ANSWER: basketball season could open, he was a Because she could not account for the offered funds payment to the vendee, on the that to he a (c) The obligation is valid. It ground is subject more attractive pay plus fringes benefits by entrusted toremove her, she was charged with estafa is unable to the squatters the suspensive condition, i.e. the on future and Sweet Taste, Inc. Roland accepted the offer and ordered arrested. In order to secure her property. SSC refused to accept the money and uncertain event of his becoming a lawyer. The and transferred to Sweet Taste. Lady Love release from jail, her parents executed a ofsues demanded that Salvador execute a deed performance of this obligation does Roland and note Sweet forfinance breachcompany of contract. promissory to Taste pay the absolute sale of the property in its favor, at Defendants claim thatmisappropriated the restriction to play for the amount allegedly by their which time it will pay the balance of the price. Lady Love The alone is void, hence, unenforceable, daughter. finance company Incidentally, the value of the land had doubled as it by that time.

CONTRACTS

[2%] their back with Tropical consent 2) of his To what check Home thereto. extent, payment Developers, if at for all, the can Inc. P300,000.00 Jojo whereby be given the pay? ALTERNATIVE ANSWER: reading: the compelled former "In by would full Joey payment build to contribute forof the the latter to loan". such the Will houses this The is valid because there is be aassignment within payment? valid its subdivision. [3%] defense in The an action cost offor each collection? house, absolute toincluded, transfer the credit and the SUGGESTED ANSWER: (3%) andfreedom labor materials was P100,000.00. It 1. depends. Joey can be If compelled the notation to pay "in full only payment the of creditor need not get the consent of the Four hundred units were to be constructed the remaining loan" balance P200.000, by Arturo's in view father, of it the there debtor. Hewas onlywritten needs to notify him. within five years. Inof 1973, Able found that Extinguishment; Cause of was remission an implied of Jojo's condonation share by the of creditor. the balance (Art. could no longer continue with the job due to that Action (2004) TX filed a suit for ejectment against BD for discharges 1219, Civil Code) the obligation. In such case, the the increase in the price of oil and its 2. Jojo can be compelled by Joey to contribute non-payment of condominium rentals notation is an act of the father from which derivatives and the concomitant worldwide P50.000 Art. 1217. par. 3, Civil Code provides. amounting P150,000. During the pendency condonation may be inferred. The condonation spiraling of to prices of all commodities, including "When one of the solidary debtors cannot, of the case, BD offered and TX accepted the the being implied, it need not comply with basic raw materials required for the because of his insolvency, reimburse his then share full amount due as rentals from BD, who formalities of a donation to be effective. The construction of the houses. The cost of to the debtor paying thewill, obligation, such share filed a motion to dismiss the ejectment suit on defense of full payment therefore, be valid. development had the risen to unanticipated levels When, notation was in written by shall behowever, borne by allaction his co-debtors, the ground that the is already and to such a degree that the conditions and in SUGGESTED ANSWER: Arturo himself. It merely proves his intention proportion to the debt of each." extinguished. Is BDs contention correct? Why factors which formed original of the BD's contention is notthe correct. can still SUGGESTED ANSWER: making that payment but in TX nobasis way does it or why not? Reason. (5%) contract had been totally changed. Able maintain the suit for ejectment. The Yes, the Able Construction. Inc. entitled to 11 bind his father (Yam v. CA, G.R is No. 104726. brought suit against Tropical Homes praying acceptance by the lessor of the payment by the relief sought under Article 1267, Civil Code. February 1999) . In such case, the notation was that the Court relieve it of its obligation. Is Able the lessee of the rentals in arrears even during The law provides: "When the service has not the act of his father from which Construction entitled to sought? the pendency of the ejectment case does not no become so difficult as tothe be relief manifestly beyond condonation may be inferred. There being ALTERNATIVE ANSWER: constitute a waiver orthe abandonment of the the contemplation parties, the obligor condonation at all of the defense of full payment If thealso notation was written by Arturo's father, ejectment case. (Spouses Clutario CA, 216 may be released therefrom, inv. whole or in it will not be valid. Extinguishment; amounted to an express condonation of the Extinguishment; SCRA 341 [1992]). part." Compensation (2002) Stockton is(1994) a stockholder of Core Corp. He balance must comply with the formalities Novation In 1978, which Bobby borrowed Pl,000,000.00 from desires to sell in his shares in Core Corp. In view of of a payable donation to be valid the 2nd Chito two years. The under loan, which was a court suit that Core Corp. has filed against paragraph by of a Article 1270 of the New Civil evidenced promissory note, was secured him damages in the amount of Paction 10 million, Code. Since the amount of the balance is was more by a for mortgage on real property. No plus attorneys of P 1 million, a result of than 5,000 pesos, the acceptance by Arturo of filed by Chito tofees collect the loan or as to foreclose statements published by Stockton which are the condonation must also be in writing under mortgage. But in 1991, Bobby, without allegedly defamatory because it was calculated Article 748. There being no acceptance in receiving any amount from Chito, executed to injure and damage the corporations writing by Arturo, the condonation is void and another promissory note which was worded reputation and1978 goodwill. The articles of the obligation to pay the balance subsists. exactly as the promissory note, exceptThe for incorporation of Core Corp. for a right of defense full payment is, provide therefore, not valid. the date of thereof, which was the date of its first refusal inCan favor of the corporation. In case the1) notation was not written by Arturo's execution. Chito demand payment on Extinguishment; Extraordinary Inflation Accordingly, Stockton gave to the father, the answer isnote the same as notice theCan answers the 1991 promissory inwritten 1994? 2) or Deflation (2001) On July 1, 1998, Brian leased an office space in corporation of his offer to sell his shares of P 10 above. Chito foreclose the real estate mortgage if rental a building for a period of five years at a million.fails Theto response of Core corp. was an Bobby make good his obligation under SUGGESTED ANSWER: rate of P1,000.00 a month. The contract lease acceptance of the offer in the exercise ofof its the 1991 promissory note? 1) Yes, Chito can demand payment on the 1991 contained the proviso that "in case of inflation rights of first refusal, offering for the purpose promissory note in thepeso, 1978 the or devaluation of1994. the Although Philippine payment in form of compensation or set-off promissory note will for P1 million payable two monthly rental automatically be increased against the amount of damages it is claiming years later or in 1980 became a natural or decreased depending on the devaluation or against him, exclusive of the claim for obligation after the lapse ofthe ten (10) years, inflation of the peso to dollar." Starting attorneys fees. Stockton rejected the offer of SUGGESTED ANSWERS: such natural obligation can be a valid March 1, 2001, the lessor increased the corporation, arguing that compensation Stockton is correct. There is no right the of rental to consideration of a novated promissory P2,000 a month, on the ground ofnote inflation between the value of the shares the compensation between his price and of P10 million dated in 1991 and payable two years later, orthe proven by the fact that the exchange rate of amount of damages demanded by the and Core Corp.s unliquidated claim for in 1993. All the elements of an implied real from Philippine peso to the dollar had increased corporation legally take effect. may Is be damages. Incannot order that compensation novation are present: a) an old valid P25.00=$1.00 to P50.00=$1.00. Brian refused Stockton correct? Give reason for your answer. proper, the ANSWER: two debts must be liquidated and SUGGESTED obligation; b)increased a new valid obligation; c)action for to pay the rate and an (5%) The unlawful The detainer action will not prosper. demandable. case for the P 10million capacity of the parties; d) animus novandi or unlawful was filed against him. Will the Extraordinary inflation or deflation is defined as damagesdetainer being still pending in court, the intention to novate; and e) The old and the new action prosper? Why? (5%) ANOTHER MAIN ANSWER: the sharp decrease in no the purchasing power corporation has as yet claim which is due of obligation should be incompatible with each The right refusal was not perfected as a the peso.of Itfirst does not necessarily and demandable against Stockton. refer to the other on all material points (Article 1292). The right for the reason that there was a conditional SUGGESTED ANSWER: exchange rate of the peso to the dollar. two promissory notes cannot stand together, acceptance equivalent to a counter-offer (a) Yes, the the other person is valid as Whether or sale not to there exists an extraordinary hence, the in period of prescription of ten (10) consisting the amount of damages a sale with a resolutory condition because SUGGESTED ANSWER: inflation or deflation is for the courts as to being decide. years has not yet lapsed. 2) No. The mortgage being an accessory contract credited on the purchase price. Therefore, what operates as a suspensive condition for There being no showing that the purchasing prescribed with the loan. The novation of the loan,was no compensation did not result since there Eva operates a resolutory condition for the power of peso had been hence, reduced however, did notthe expressly include the mortgage, ANOTHER MAIN ANSWER: FIRST ALTERNATIVE ANS WER: valid right of first refusal (Art. 1475 & 1319, buyer. tremendously, the mortgage is the extinguished there could under be Article no 1296 inflation of the the that Yes, the sale to other person is valid. However, ALTERNATIVE ANSWER: NCC) NCC. The contract would justify the increase in the amount of buyer acquired the property subject to a resolutory rental to be paid. Hence, Brian could refuse to pay the increased rate.

CIVIL LAW Answers to the BAR as Arranged by Topics (Year 19902006) concerned, condoned In 1) 1971, How Able by may much, Construction, hisannul father if any, such as evidenced may Inc. assignment entered Joey be by into for compelled a notation not a contract having has promissory Even The at tobeen action [if] assuming extinguished will note not asprosper. that a result by there the The ofwas novation the existence foreclosure a perfect or extinction ofright inflation of the of of
principal Hence, obligation Eva's passing insofar as the third Bar, the rights are of the other refusal, deflation compensation requires an official didparties declaration not take by place the the chattel first upon or concerned. buyer terminated and Eva acquired ownership of the becauseSentral Bangko the claim ng is Pilipinas. unliquidated. property. ALTERNATIVE ANSWER: Extinguishment; The unlawful detainer action willloans prosper. It is a SECOND ALTERNATIVE ANSWER: Extinguishment; Compensation vs. Payment (1995) In 1983 PHILCREDIT extended to Rivett-

The sale to another person Eva could given fact in the problem, that there was Payment (1998) Define compensation as before a mode of Strom Machineries, Inc. (RIVETTT-STROM), buy it from is Million valid, as contract inflation, which caused the exchange rate to of extinguishing an obligation, and distinguish it consisting ofManuel US$10 for the the cost between Manuel and Eva is a directly mere promise to SUGGESTED ANSWER: double. Since the contract itself authorizes the from payment. [2%] machineries imported and paid by COMPENSATION is athe mode of extinguishing to sell and Eva has not acquired a real right over increase in rental in event an inflation or PHTLCREDIT, and 5 Million inof cash payable in the concurrent amount, the obligations of those land assuming that there is a price devaluation of the Philippine peso, the doubling installments over a period of ten (10) years on persons who inrent their right are reciprocally stipulated in the the contract for the contract of the monthly is own reasonable and is to the basis of value thereof computed at be the debtors and creditors of each other (Tolentino, considered a sale and there was delivery or therefore a valid act under the very terms of the rate of exchange of the U.S. dollar vis--vis SUGGESTED ANSWER: 1991 ed., p. 365, citing 2 Castan 560 and tradition of the thing sold. the contract. Brian's refusal to pay is thus a Philippine peso at not the time of payment. (b) No, vs. she is entitled to rentals Extinguishment; Francia IAC. 162 SCRA 753). It the involves the RIVETT-STROM made payments on both loans ground for ejectment. collected by Manuel because at the time they Loss (1994) Dino sued Ben for damages because the latter simultaneous of obligations in which if based balancing on the rate oftwo exchange in 1983 accrued and were collected, Eva was in not yet had failed to deliver the the antique Marcedes order to extinguish them to loans. the extent which would have fully settled FIRST ALTERNATIVE ANSWER: the owner of of the property. Benz car Dino had purchased from the amount one is the covered byBen, thatwhich of buy the Assuming that Eva is one entitled to wasby agreementdue for delivery on PHILCREDIT contends that the payments on 8 other. (De Leon, 1992 ed., p. 221, citing the housemeans and lot, she is not entitled to the PAYMENT not only delivery of money but December 31, 1993. in histhe answer to both loans should be Ben, based on rate of Manresa 401). rentals collected by Manuel before she passed also performance of an obligation (Article 1232, Dino's complaint, Dino's claim has no exchange existingsaid at the time of payment, the bar examinations. Whether it is a contract Civil In payment, capacity to was dispose of basisCode). for the suit, because as the car being which rate of exchange has been consistently of sale or a contract to sell, reciprocal the thing paid and capacity to receive payment driven to be delivered to Dino on January 1, increasing, and for which reason there would prestations are deemed imposed A creditor, for the are for balance debtor 1994, aareckless truck driver had rammed into still berequired considerable onand each loan. Is seller to deliver the object sold and for the respectively: in compensation, such capacity SUGGESTED ANSWER: Mercedes Benz. The trial court dismissed the contention of PHILCREDIT correct? Discuss is buyer to pay theloan price. Before the happening of As regards the consisting of dollars, the not necessary, because the compensation Dino's complaint, saying Ben's obligation had fully. SUGGESTED ANSWER: the condition, the and fruits of the the thing and the contention of PHILCREDIT is correct. It has to be operates by law not by act of the indeed, been 1262, extinguished by Code force provides, majeure. Is SECOND ALTERNATIVE ANSWER: a) No. Article New Civil interests on the money are deemed to have paid in Philippine currency computed on the parties. In payment, the performance must be Under the trial Art. court 1164, correct? there is no obligation on the "An obligation which consists in the delivery of been mutually compensated under Article basis of the exchange rate at the TIME OF complete; while in compensation there may be part of Manuelthing to deliver the fruits (rentals) Extinguishment; Compensation/Seta determinate shall be extinguished if it of 1187. PAYMENT of each installment, asto held in Kalalo partial extinguishment of an obligation the thing until the obligation deliver Off; Banks (1998) X, who has a savings deposit withthe Ythe Bank in the the should be or 337. destroyed without fault of v. Luz, 34 lost SCRA As regards P5 Million (Tolentino, supra) thing arises. As the suspensive condition has sum of P1,000,000.00 incurs a loan obligation the debtor, and before he has incurred in delay. loan in Philippine pesos, PHILCREDIT is wrong. not been fulfilled, obligation to sell does with the said Bank in cannot the sum of P800.000.00 b) The judgment of the the trial court is incorrect. The payment thereof be measured by not arise. which has become due. When X tries to Loss of the thing exchange due by fortuitous events or be the peso-dollar rate. of That will Extinguishment; Assignment withdraw his deposit, Y Bank allows only force majeure isUniform a valid defense for a debtor violative of cane the Currency Act (RA, 529] Rights (2001) The sugar planters of Batangas entered P200.000.00 to be payment withdrawn, less service only when the debtor has not incurred delay. which prohibits the of an obligation into a long-term milling contract with the charges,although claiming compensation has Extinguishment of de liability fortuitous event which, to that be for paid in Ten Philippine Central Azucarera Don Pedro Inc. years extinguished its obligation under the savings requires that the debtor has not yet incurred currency, is measured by its a foreign later, the Central assigned rights tocurrency. the said Liability; Lease; Joint account to the concurrent amount of X's debt. any delay. the present case, thegroup debtor was X (Palanca v.In CA, 238 SCRA 593). milling contract to a Taiwanese which Liability (2001) Four foreign medical students rented the contends that the compensation is improper when in delay when car was destroyed on January would takeof over the for operations of the sugar apartment Thelma a period of one year. one of since the it debts, as for here, arises from a 1, 1993 was due delivery on mill. The filed action to annul the c) It depends whether oran not Ben the seller, After one planters semester, three of them returned to contract of deposit. Assuming that the December 31, 1993. (Art. 1262 Civil Code) said assignment on the ground that the SUGGESTED ANSWER: was already in default at the time of the their home country and fourth transferred promissory note signed by Civil X to evidence the Y bank is because correct. An. 1287, Code, does not Taiwanese group was not registered the accident a demand for him to with deliver to a boarding house. Thelma discovered that loan does not provide for compensation (Note: The question presupposes knowledge apply. All the requisites of Art. 1279, Code Board of Investments. Will the action prosper on due date was not complied with byCivil him. they left unpaid telephone bills in the between and said requires loan and the his savings application deposit, of total who the are present. In the case of Gullas vs. PNB [62 or not? Explain briefly. (5%) That fact not having been given in the amount of P80,000.00. The Investment lease contract provisions of the Omnibus Code, is correct? [3%] Phil. 519), the Supreme Court held: "The Civil problem, the trial court erred in dismissing SUGGESTED ANSWER: provided that the lessees shall pay for the which properly belongs to Commercial law) Code contains regarding The action will prosper not on the ground Dino's complaint. Reason: There is default telephone services in provisions the leased premises. compensation (set off) and deposit. These invoked butresponsible on the ground that the farmers making for fortuitous events Thelma him demanded that the fourth student pay SUGGESTED ANSWER: If on the other hand Ben was not in default portions of Philippine law provide that haveentire not given of their consent to as the including the assumption of risk or loss. the amount the unpaid telephone The fourth student is correct. His liability is only no demand has been sent to him prior to the compensation shall take place when two assignment. The milling contract imposes bills, but the latter is willing to pay only one joint, hence, pro There is solidary liability accident, then werata. must distinguish whether the persons reciprocally creditor and debtor of reciprocal obligations on the parties. The sugar fourth of are it. Who is correct? Why? (5%) only when the obligation expressly so states or price has been paid or not. If it has been paid, each other. In this connection, it has been held central has the obligation to mill the sugar cane when the law or nature of the a obligation the suit for damages should prosper but onlythe to that the relation existing between depositor of the farmers while the latter have requires solidarity (Art. 1207, CC). The contract enable the to buyer toof recover the price paid. Itthe and a bank is deliver that creditor and debtor, xx obligation their sugar cane tox of lease in the problem not, in any way, should be noted that Ben, the must bear As a general rule, a bank hasseller, a right of set off sugar central. As to the does obligation to mill the stipulate solidarity. the loss on the principle of res perit domino . the He of the deposits in its hands for the payment of sugar cane, the sugar central is a debtor of Liability; Solidary cannot be In held answerable for damages as of the any indebtedness to it on the under part a farmers. assigning its rights the Extinguishment; Liability (1998) Joey, Jovy and Jojo are solidary debtors under a loss of the car was not imputable to his fault or depositor." Hence, compensation took place contract, the sugar central will also transfer to Condonation (2000) Arturo borrowed from his father. loan obligation of P500,000.00 P300,000.00 which fallen fraud. In any he can recover the value of Y between thecase, mutual obligations of has X and the Taiwanese its P300,000.00, obligation to his mill the sugar After he had paid father died. due. The creditor has, however, condoned the car from the party whose negligence bank. cane of the farmers. This willSince amount to a When entire the administrator of his father's estate Jojo's share inIfthe debt. Jovy has caused the accident. no price has been paid novation of the contract by substituting the requested insolvent, payment of the balance of Extinguishment; Loss; Impossible become the creditor a at all, the trial courtparty. acted correctly inmakes debtor with a Arturo third Under 1293 of P200,000.00. replied thatArticle the same had Service (1993) Page 86 of 119 demand on Joey to pay the debt. dismissing the complaint. the Civil Code, such substitution cannot take been 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 the surety. A (d) The fourth defense of Y is a untenable. Y is suretyship may co-exist with mortgage. liable for the entire prestation since Y incurred X. 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 severalbid fruitless 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. (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
SUGGESTED ANSWER:

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 the defense latter are responsible. (Article 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.

SUGGESTED ANSWER: as long as they have not does not prescribe The action will prosper. Since the defendant been repudiated by the trustee (Diaz vs. was already in default not having delivered the Gorricho. 103 Phil, 261). Implied ring whenTrust delivery was demanded by plaintiff (1998) at Juan due and date, histhe sister defendant Juana inherited is liable for from the their loss of mother the thing two and parcels even of when farmland the loss with was exactly due to force the same majeure. areas. For convenience, the Torrens Non-Payment of Amortizations; certificates of title covering both lots were Subdivision Buyer; When (2005) placed in Juan's name alone.justified In 1996, Juan sold Bernie bought on installment a residential to an innocent purchaser one parcel in its subdivision lot the from DEVLAND. After having entirety without knowledge and consent of 1. What rights of action, if any, does Juana faithfully paid the installments for 48 months, Juana, and wrongfully kept for himself the have and/or the DEVLAND buyer? |3%] Bernie discovered that had failed to entireagainst price paid. 2. Sincethe thesubdivision two lots have the same area, develop in accordance with the suppose Juana flies a complaint to have herself approved plans and specifications within the declared sole of the entire remaining time frame in owner the plan. He thus wrote a letter to second lot, informing contending her brother had DEVLAND itthat that he was stopping forfeited his share thereof by wrongfully payment. Consequently, DEVLAND cancelled disposing of her undivided share in the him first lot. the sale and wrote Bernie, informing that a) Was the action of DEVLAND proper? Will the suit prosper? [2%] his payments are forfeited in its favor. Explain. (2%) SUGGESTED ANSWER:

CIVIL LAW Answers to the BAR as Arranged by Topics (Year 19902006) for The damages matter should against be the decided jewelry shop in favor which of put Remigio up1. Bernie the Juana 50% hasof the the right total ofpayments action to recover made. (Rillo (a) her v. oneCourt of because defense the of force actionmajeure. has not Will prescribed. the action The Appeals, (trustee) half G.R. No. 125347, June case prosper at or bar not? involves (5%) an express trust which 19,1997)

b) Discuss the rights of Bernie under the circumstances. (2%)


SUGGESTED ANSWER:

No, the action of DEVLAND is not proper. Under Section 23 of Presidential Decree No. 957, otherwise known as the Subdivision and Condominium Buyer's Protection Decree, nonpayment of amortizations by the buyer is justified if non-payment is due to the failure of the subdivision owner to develop the subdivision (Eugenio v. Drilon, to G.R. No. 109404, January 22, project according the approved plans and 1996) within the limit for complying.

Under P.D. No. 957, a cancellation option is available to Bernie. If Bernie opts to cancel the contract, DEVLAND must reimburse Bernie the total amount paid and the amortizations interest, excluding delinquency interest, plus interest at legal rate. (Eugenio v. Drilon, G.R. 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 theon total payments made. cancel the contract after 30 days from receipt by Bernie of notice of cancellation. DEVLAND is however obliged to refund to
No. 109404, January 22, 1996)

Period; Suspensive Period (1991) In a deed of sale of a realty, it was stipulated that the buyer would construct a commercial building on the lot while the seller would construct a private passageway bordering the lot. The building was eventually finished but the seller failed to complete the passageway as some of the squatters, who were already known to be there at the time they entered into the contract, refused to vacate the premises. In fact, prior to its execution, the seller filed ejectment cases against the squatters. The buyer now sues the seller for specific performance with damages. The defense is that the obligation to construct the passageway should be with a period which, SUGGESTED ANSWER: incidentally, had been performance fixed by them, No. the action fornot specific filed by hence, theis need for fixing a judicial period. Will the buyer premature under Art. 1197 of the the performance the Civilaction Code. for If aspecific period has not been of fixed buyer against the seller by prosper? although contemplated the parties, the parties themselves should fix that period, failing in which, the Court maybe asked to fix it taking into consideration the probable ALTERNATIVE ANSWER: contemplation of the parties. Before the period It has been held in Borromeo vs. CA (47 SCRA is fixed, an action for specific performance is 69), that the Supreme Court allowed the premature. simultaneous filing of action to fix the probable contemplated period of the parties where none is fixed in the agreement if this would avoid multiplicity of suits. In addition, technicalities ALTERNATIVE ANSWER: to substantial justice. must be subordinated The action for specific performance will not prosper. The filing of the ejectment suit by the seller was precisely in compliance with his obligations and should not, therefore, be faulted if no decision has yet been reached by the Court on the matter.

TRUST

Express Trust; Prescription On 01 January (1997) 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 the Redentor died a year later or in 1982. In March Loss of thing due; Force name of the Remedies. 1983, Remigio graduated from college. In Majeure (2000) Kristina brought her diamond ring to a jewelry February 1992, Remigio accidentally found a shop for cleaning. The jewelry shop undertook copy of the document so constituting Remedies to return the ring by February 1, 1999." When as trustee of the land. In May shop 1994, thethe said date arrived, the jewelry Remigio a case against Remedies for the informedfiled Kristina that the Job was not yet reconveyance of the land toreturn him. Remedies, finished. They asked her to five days in her answer, averred the action went already later. On February 6,that 1999, Kristina to the SUGGESTED ANSWER: prescribed. How should theshe matter decided? shop to claim the ring, but was be informed that the same was stolen by a thief who entered the shop the night before. Kristina filed an action

ALTERNATIVE ANSWER: However, object with knowledge of the Pedro sale of retained and the the latter. the price This owner's [Art. isname because 1475, duplicate New interest while inthereof, a CONTRACT andwithin (b) TO such SELL, damages as she her right to redeem the saidownership period, theis subdivision registering Lot 1 in her and No, the defense of Peter Co will not prosper. of Civil the second Code]. title. buyer, The Thereafter, consent who at the of Juan, Linda time as he has lessor, already and retained conveyance be able by shall the to prove seller be deemed as until having the absolute been purchase suffered and price Lotsaid 2 in the name of her brother Walter with the may Hadji Butu validly acquired his right by an Pedro, been registered given, as lessee, his as sale shown executed knew bythat her athe agreement contract property of to lease had the by is fully her, paid. which In may a contract include to actual sell,possession delivery or of of the irrevocable. Romeo did not take latter's consent. The idea was to circumvent a assignment of credit under Article 1624 of the over price already the of been the property sale. soldThere to for someone a is period therefore else, of one acted consent (1) in year on compensatory object the property. does He not damages did confer not as pay ownership well theas taxes moral upon thereon. and the subdivision policy against the acquisition of Civil Code. However, the provisions on the with her bad part faith. a monthly as (Article the consent rental 1544, of C.C.) need Pl,000.00. not be Pedro, given as in exemplary buyer. In adamages contract due of sale, to the there breach is only of trust one more than one lot by one buyer. Maureen contract of (Article 1475 Civil Code) will Double Sales Juliet died insale January I973 without having lessee, any specific was form. also obligated Hence, consent pay may realty be and contract bad faith executed (Imperial between vs. CA, the 259 seller SCRA and the constructed a house on Lother 1 to with an the extension apply, and the transaction is covered by the (2004) JV, owner of a parcel of land, soldsince it In to period PP. But repurchased the Her only surviving taxes given by on implication, the property especially during the she was of 65) buyer, . Of while course, in if a property. the contract buyer to knew sell, of there the coare two on Lot 2 to serve as a guest house. 1987, Statute of Frauds. (Art. 1403 par. (2) Civil Subsequently, Pedro filed a complaint against the deed saleparticipated was not registered. One of year heir, her son X, the failed to repurchase lease. aware of,of and in the sale the ownership contracts, over first lot contract he was to buying, sell the (which Juanais a Walter who had suffered serious business Conditional Sale vs. Code) Juan for the reformation of the Deed of later, JV sold the parcel again to RR, who property or before 3 June 1973. In 1975, property (Pelayo v. CA, G.R. No. 141323, can conditional seek on (c) or reconvenyance preparatory sale) of her and one-half a second, losses demanded that Maureen remove theJune Absolute Sale (1997) Distinguish between a conditional sale, on the Absolute alleging that the transaction succeeded to register the deed and to obtain a Romeo sold the property to Y for P50,000.00. 8, 2005).Sale, Her action moral and exemplary share the final instead deed but of she sale must or the implead principal the contract buyer extension house sincefor the lot on which the one hand, and an absolute sale, on the other ALTERNATIVE ANSWER: Contract to Sell; Acceptance; Right of covered by the deed was an equitable transfer certificate of title over the because property in Upon learning ofand the after sale, X filed anfaith action damages will also not prosper the as which co-defendant is executed allege full his payment bad in offor the extension was built was his property. In 1992, SUGGESTED ANSWER: hand. The suit will prosper. Sale of community First Refusal (1991) A is the lessee of an apartment owned by Y. A mortgage. In his verified answer to the his own name. Who has a better right over the the nullification of the sale and for the recovery case does not fall under any of those purchasing purchase price. the entire lot. Finally, consistent Maureen sued for the reconveyance to her of A CONDITIONAL SALE is one where the vendor property requires written consent of was both allowed his married but employed daughter B, complaint, Juan alleged that property parcel of land, RR or Why? Explain the of the property on the ground that the so-called mentioned in failure Art. 2219 andthe 2232 of the Civil with the ruling in Imperial us. CA. Juana may the Lot 2 asserting that aPP? resulting trust was is granted the right to unilaterally rescind spouses. The or refusal of Linda to affix ADDITIONAL ANSWER: SUGGESTED ANSWER: whose husband works in Kuwait, to occupy it. sold to him under the Deed of Absolute Sale, legal basis for your answer. (5%) deed of absolute sale executed by his mother Code. seek instead (d) a declaration that she is now created when she had the lot registered in with contract predicated on the fulfillment or non1. Juana can file an action for damages against It depends on on whether or not RR is coupled an innocent her signature the deed of sale, The relationship between Y and A soured. Since and interposed counterclaims to recover was merely an equitable mortgage, taking into the sole owner the entire lot on Walter's name even if sheof paid the purchase fulfillment, as of the case remaining mayone be, of the Juan for having fraudulently sold of the two purchaser for value. Under the Torrens her express opposing the sale he has no reason at allthe toprice eject A, Y, in possession ofdeclaration the property and to compel account the inadequacy of and the the theory that Juan has forfeited his one-half price. Walter opposed the suit arguing that prescribed condition. An ABSOLUTE SALE is one SUGGESTED ANSWER: parcels which he partly held in trust for Juana's System, a deed or instrument operated only as negates any valid consent on her part. The connivance with the City Engineer, secured Pedro to turn over to him the owner's duplicate failure of Romeo tothe take possession of the share therein. assuming the existence of a resulting trust the where the title to property is not reserved The complaint of Pedro against Juan should be This is a case of an implied resulting trust. If benefit. Juana may claim actual or a contract between the parties and as consent of Biong by himself is insufficient to from the latter an order for the demolition of of title.of Resolve the case with reasons. (6%) property and to pay the taxes thereon. Romeo action Maureen has already prescribed since to the vendor or if the vendor is not granted the dismissed. The instances when a contract Walter claims to have acquired ownership of compensatory damage for the loss of her share evidence of authority to the Register of Deeds effect a valid sale of community property (Art. the building. A immediately filed an action in Y to maintain that there was a valid absolute ten years have already elapsed from the right rescind the contract based on the regardless of its Abalos nomenclature may be and the land by prescription or if anchors his G.R. in land; moral damages for the mental to make the registration. Itv. ishe the registration X?the b) If you decide in favor of Romeo and Y, and 96, Family Code; Macatangay, the Regional Trial Court to annul the order and that document signed bycase the may registration of the in his name. Decide. fulfillment or the nonfulfillment, as the SUGGESTED Does Ray have cause of action presumed to be title an any equitable mortgage are sale defense on ANSWER: extinctive prescription, the ten year anguish, anxiety, moral shock and would you of the deed or the instrument that is the No. 155043, September 30, 2004). to enjoin its enforcement. Y and A wounded were able to to Contract of Sale vs. Agency former on 3 June 1973 was merely a promise 1. When, for convenience, the Torrens title to Discuss fully. be, of the prescribed condition. against Biong and Linda? Can he also enumerated in Article 1602 the when Civil Code: period must be reckoned from 1987 he uphold the validity of the promise towhich A feelings she had suffered; exemplary damage operative act that conveys or of affects the land. forge a compromise agreement under to Sell (1999) A granted B the exclusive right to sell his brand sell. a) If you were the Judge, would you uphold the of land were in Joan's ANSWER:for the common good, and recover damages from the spouses? "Art.two 1602. The contract shall placed be presumed to SUGGESTED demanded that Maureen remove the extension sell?of by (Sec. 51, parcels P.D. No. 1529). agreed to example a twenty percent (20%) increase in of Iway Maong pants in Isabela, the price for his the theory of Considering that the contract has already been name alone, there was created an implied trust 1 When the price of a sale with right to A. will not uphold the theory of X for the In cases of double sale of titled land, it is a Explain. (2.5%) be anonequitable mortgage, indemand any of the attorney's house Lot No. 2 because such fees. Juana has no cause of action the monthly rentals. They further agreed that merchandise payable within 60 days from perfected and taken of the operation the (a resulting trust) forout the benefit of Juana with repurchase is unusually inadequate: nullification of the who sale acquired and for the recovery of well-settled rule that the buyer who first following cases: amounts to an express repudiation of the of trust against the buyer the land for the lease will expire two years later and delivery, and promising B a(2) commission of 20% statute of frauds, Ray can compel Linda andas the Juan trustee one-half undivided or ideal 2 itas When theof vendor remains in possession property on the ground that the so-called registers the sale in good faith acquires aaction and was made known to Maureen. The value and in goodthat faith, relying on the the property, transfer that in the event Y would sell on was all sales. After the delivery Biong to observe thethe form required byCode). law in portion each of two lots. Therefore, lessee orof otherwise; sale only an equitable mortgage. An of the better right to thefiled land. (Art. 1544, Civil for reconveyance in 1992 is not 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 sell any Persons dealing with covered by order for the property toHuang be registered in Juana can file an action for damages against 3 prescription. When upon orproperty after the expiration of the equitable mortgage may arise only if, in truth, B. B then filed to rescind the sale in by (Spouses v. Court of 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 name of Ray which can be filed together with Joan for having fraudulently sold one of the two right to repurchase another instrument extending the sale was one with the right of repurchase. favor of the corporation and to compel Y to sell Appeals, Sept. 13, 1994). owner of the entire remaining area will was approved by fault, the court. Sixwith (6) not months burned without together all A's what appears on its face. action for the recovery of [Art. 1357 (Orquiola v. CA 386, SCRA 301, [2002]; parcels which he partly held inhouse trust for Juana's the period of redemption or granting a new period The is facts ofANSWER: the his case state that the right toofthe the property to her since under SUGGESTED prosper because while Juan's act in selling the Y before the expiration of the lease, A died. pants. Must B pay A for his lost pants? Why? Domingo v.Juana Races 401 SCRA 197, [2003]). New Civil Code]. In the alternative, he can benefit. may claim actual or executed; repurchase was granted after the absolute Compromise Agreement, she was given the The contract between A B ishave aRealty sale not an other lot was wrongful. It and did not the legal Assignment of Credit vs. sold the property to the Visorro Corp. (5%) Thus, absent showing that RRmillion knew about, recover the any amount of Two pesos compensatory damage for the loss of share 4 When the purchaser retains forher himself a deed of sale was executed. Following the rule right first refusal which, she maintains is a agency to sell because the price is payable effect ofnotifying forfeiting his share in the remaining by without Subrogation (1993) Peter Co, a purchase trader from Manila, has dealt or ought to have known thepaid. prior sale of the (P2,000,000.00) that he Otherwise, it in the land; moral damages for the mental part of the price; in Cruzo vs. Carriaga (174 SCRA 330) , a deed of stipulation pour atrui under Article 1311 of the B upon 60 days delivery even if B is lot. However, Juanafrom can file an action against Ray can recover damages on the ground business with Allied Commodities in Hongkong SUGGESTED ANSWER: land to When PP or that he acted in bad faith, and would result inmoral solutio indebiti or unjust anguish, anxiety, moral shock and wounded 5 the vendor binds himself to pay the repurchase executed independently of he theis not Civil Code. Is she correct? unable to resell it. If B were an agent, Juan for partition or termination of the coJuana has no cause of action against the buyer that the action filed by Linda is Peter clearly for five years. All through the years, Co B is of not correct. Her action cannot prosper. being first to thing register the sale, RR acquired a an deed enrichment. feelings she had suffered; exemplary damage taxes on the sold; sale where the two stipulations are bound to pay the price if he is unable to resell ownership with a prayer that the lot sold be who acquired the land for value and in good unfounded civil suit which falls under malicious accumulated an indebtedness of P500,000.00 Article 1311 requires that the third good and aexample clean title tothe the property as by ofany for common good, and 6 way In other case where it may be fairly found in two instruments instead of oneBperson As a buyer, ownership passed to upon ANOTHER ANSWER: it. Equitable adjudicated to Juan, and the remaining lot be faith, relying on the transfer certificate of title prosecution {Ponce v. Legaspi, G.R. No. 79184, with Allied Commodities. Upon of demand by its intended to be benefited must communicate against PP. 2. The suit will prosper, applying ruling in attorney's fees. inferred that the real intention the parties is that document, the right of repurchase would delivery and, under Art. 1504 of the Civil Code, Mortgage (1991) On 20 December 1970, Juliet, a widow, adjudicated and reconveyed to her. showing that Juan is the registered owner of May 6,1992). agent in Manila,shall Peter Co paid Allied his acceptance tooption thethe obligor before the Imperial vs. CA cited above. Both law and the transaction secure the payment of a debt amount only to one granted by the the thing perishes for owner. Hence, B Contract to Sell ANOTHER borrowed from Romeo P4,000.00 and, as Upon the land. ANSWER: Commodities by check the amount owed. revocation. There is no showing that equity authorize such a result, said the cannot B or the performance of of any other obligation. buyer to the seller. Since the contract must still pay the price. 1. Under Article 476 the Civil Code, Juana (2001) Arturo gave Richard a receipt which security therefore, sheaccount executed deed of deposit in the payee's in a Manila, the manifested her acceptance towith Y Community at any time Contract of Sale; Marital Supreme be upheldCourt. as a contract of sale the right to can file an action for quieting title as there is states: Receipt Received from Richard as down mortgage over one of her two of (2) registered check was dishonored for insufficiency of funds. repurchase, before the death of A and before the sale. Strictly speaking, Juana's contention that Property; Formalities Art. 1602 of (2006) the Civil Code onher a cloud in the title to the subject real property. payment for my 1995 Toyota Corolla with plate lots which a market value of P15,000.00. For and in has consideration of P1.00, Allied Hence, BBiong cannot enforce any right under the brother had forfeited hisnot share in the Spouses and Linda wanted tosecond sell equitable mortgage will apply. The rule their Second, Juana can file an action for Double Sales No. XYZ-1 23.............. P50.000.00 The document and thealso certificate of Hadji title of the Commodities assigned the credit to Butu alleged stipulation pour atrui. lot is incorrect. Even if the two lots have the house. They found a prospective buyer, Ray. could have different if both deeds damageswere against Juan, because the settled (2001) On June 15,been 1995, Jesus sold a parcel of were property delivered Romeo. who brought suit againstto Peter Co in the RTC of 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 rule that the Juliet proper recourse of the true On 2 is June an owed. additional registered land to Jaime. On June 30, 1995, he Manila for 1971, recovery of obtained the amount Peter the same value. Since the sale of the first lot property. They agreed on a fair price of which case, under the ruling in spouses Balance payable: 12/30/01........ P50 owner the property who was prejudiced and sum of of P3,000 from Romeo. On this date, him B. If I were to decide favor of Romeo and Y,P2 I sold the same land toin Jose. Who has a better Co moved to dismiss the complaint against on the Torrens title in the name of Juan was to Million. Ray sent Linda a letter confirming his Claravall v. CA (190 SCRA 439), the contract 000.00 fraudulently dispossessed of the same of isa to however, Romeo caused the preparation would not uphold the validity of the promise right if: a) the first sale is registered ahead of on the ground Hadji Butu was not a real valid, all that Juana may recover is the of intention to buy property. Later, another September 15,that 2001. may still be sustained an equitable bring anabsolute action for damages against those who with knowledge of the the latter. Why? (3%) b) the deed of sale of the above property, to sell,second so as to enforce itas by an action for value specific the sale, party in interest and, therefore, without legal her undivided interest therein, plus damages. couple, Bernie and Elena, offered a similar SUGGESTED mortgage, given the circumstances expressed caused or ANSWER: employed the same.without Third, first since second sale is The registered ahead of the first which Juliet affixed her signature performance. promise to sell would only capacity to sue and that he had not agreed In addition, she can ask for partition orWhy? No, Co's defense will not prosper. This notto aa house at a lower price of P 1.5 Million. But Ray (Sgd.) Arturo Does this receipt in Art. 1602. The reserved right to repurchase with knowledge of the latter? Juana had the right to her share in the is property sale, reading the document. The consideration amount to a mere offer and, therefore, it is not subrogation of creditor. Will Peter Co's defense reconveyance of her undivided interest in 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 original intention. SUGGESTED ANSWER: (5%) by way of inheritance, she can demand the indicated is of P7,000.00. She that this enforceable unless it was sought to be of absence agreement to thought a subrogation of SUGGESTED ANSWER: second lot, without prejudice to any agreement credit. ASSIGNMENT OF CREDIT is the process Linda for sentimental reasons. Ray prepared a (a) The first buyer has the better right if his partition of the similar thing owned in common, under document was tobecause the first she signed. exercised before a withdrawal or denial ANSWER: creditor prosper? It is a contract of sale the sold seller However, since the farmland was todid an ALTERNATIVE between them that in lieu of the payment of of transferring the right of the assignor to the deed of sale to signed by the couple and a sale was first be registered, even though the Even assuming the facts given at the end of the Articleshe 494 of the Civil Code, andX, ask that the When reached home, her after thereof. 2. The suit will not prosper, since Juan's not reserve ownership heson was fully paid. innocent purchaser for until value, then Juana has no first the value of Juana's share in the first lot and assignee. The assignment may be done either manager's check for P2 Million. After receiving buyer knew of the second sale. The fact case, there would have been no separate title to the property be declared as reading the remaining duplicate copy of the deed, wrongful act of pocketing the entire proceeds cause of action against the with that damages, the second lot be reconveyed to her. gratuitously or onerously, inbuyer whichconsistent case, the the P2 Million, Biong signed the deed of sale. he knew of the second sale at the time of consideration for such promise toground sell. The exclusively hers. informed her that what she signed was not a of the sale of the first lot is not a for Contract to Sell vs. the established rule thatContract the rights of an of innocent assignment has an effect similar to that a However, Linda was not able to sign it because his registration does not make him as acting in contract would at most amount to an option mortgage but a deed of absolute sale. On the him of his rights as a co-owner of the of Sale (1997) State the basic difference (only in Corp. their legal purchaser for value mustFinance be respected and divesting sale (Nyco Sales Corp.v.BA G.R she was abroad. On her return, she refused to bad faith because the sale to him was ahead which again may not be the basis for an action following day, 3 June 1971, Juliet, accompanied second lot. Indeed, such wrongdoing by Juan in the suit prosper? Explain. effects) Between a 1991 contract to sell, on the one protected notwithstanding the fraud employed by Will Equitable Mortgage vs. No.71694. Aug.16, 200 SCRA 637). As a sign the document saying she changed her time, hence, has a priority in right. What for specific performance. ALTERNATIVE ANSWER: by X, went back to Romeo and demanded the does not constitute, for the benefit of Juana, hand, and a contract of title. sale, on the other. the seller in securing his vs. CA, 253 (2.5%) Sale (2005) On July 14, 2004, in favor of the result of the assignment, the (Eduarte plaintiff acquired mind. Linda filedPedro suit for nullification of creates bad faith in the executed case of double sale of reformation it, Romeo prepared and signed a any of the modes of acquiring ownership under ADDITIONAL ANSWER: SUGGESTED ANSWER: SCRA 391) Juan a Deed of Absolute Sale over a parcel of all the rights of the assignor including the right deed of sale and for moral and exemplary land is knowledge of a previous sale. document wherein, as vendee in the deed of Art. 712, Civil Code. Page 93 of 119 land covered by TCT No. to sue in his own name he as the legal assignee. In damages against Ray. sale above mentioned, obligated and bound assignment, the debtor's consent is not himself to resell the land to Juliet or her heirs essential for thefor validity of the assignment as and successors the same consideration

CIVIL CIVIL LAW LAW Answers Answers to tothe the BAR BAR as Arranged Arranged by byTopics Topics(Year (Year 19901990Trust; Implied Resulting 2006) 2006) No, b) 6245. The theIt first suit appears will buyer not is in prosper. still the to Deed The be contract preferred, of Saleofthat where sale Pedro was In (2) X the sold ayears, CONTRACT a parcel or until of OF 3 land SALE, June to1973. Y ownership on 01 It v. is January further is transferred stated to (Art. 1624; 1475. CC; Rodriguez CA, et 2002, al, G. Trust (1995) from perfected sale is Juan registered when P120,000.00 Linda ahead and of as the Ray first purchase agreed sale on price. the share the that buyer should in the upon the proceeds Vendor delivery of (Juliet) the of sale the fail with object to exercise legal to him In 1960, Maureen purchased two lots in but a plush second received payment therein R No. 84220, March 25. 1992 207 SCRA 553).

SALES

reflected in the deed of sale (P7,000) within a period of two

CIVIL LAW Answers to the BAR as Arranged by Topics 2006) a) Article 1592 of the Civil Code does not apply to conditional sale. In Valarao v. CA, 304 SCRA 155, the Supreme Court held that Article 1592

(Year 1990-

SUGGESTED ANSWER: (5%) The MACEDA LAW (R.A. 655) is applicable to sales of immovable property on installments. The most important features are (Rillo v. CA, (1) After having 247 SCRA 461): paid installments for at least two years, the buyer is entitled to a mandatory grace period of one month for every year of installment payments made, to pay the unpaid installments without interest. If the contract is cancelled, the seller shall refund to the buyer the cash surrender value equivalent fifty percent (50%) ofany the total "In any of to the foregoing cases, money, payments made, and after years of by the fruits, or other benefit to five be received installments, additional five percent (5%) be vendee as an rent or otherwise shall every year but not to exceed ninety percent considered as interest which shall be subject (90%) of the laws." total payments made. to the usury (2) In case the states installments paid were less than Article 1604 that "the provisions of 2 years,1602 the seller give the buyer a grace article shallshall also apply to a contract period of not than 60 days. If the buyer purporting to less be an absolute sale." fails pay the installments due at For to Articles 1602 and 1604 to the apply, two expiration the concur: grace period, the sellerentered may requisites of must 1) the parties cancel contract after 30 days receipt of into a the contract denominated as from a contract by the buyer the intention notice of cancellation or an sale; and 2) of their was to secure G.R. No.for 152168, December 10, demand rescission by act. The existing debt by way ofnotarial mortgage. (Heirs of 2004) RECTO Balite v.LAW Lim, (Art. 1484} refers to sale of In the given case, although Pedro retained movables payable in installments and limiting possession of the property as lessee after the right of seller, in case of default by the the execution of of the Deed of Sale, buyer, to one three remedies: a) there exact is no showing that intention of the parties was to fulfillment; b) the cancel the sale if two or more secure an existing debt by way of mortgage. installments have not Hence, the complaint of Pedro should be Immovable Property; Rescission of dismissed. Contract (2003)

applies only to a contract of sale and not to a Deed of Conditional Sale where the seller has reserved title to the property until full payment of the purchase price. The law applicable is the SUGGESTED ANSWER: Maceda Law. b) No, the vendor cannot rescind the contract under the circumstances. Under the Maceda Law, which is the law applicable, the seller on installment may not rescind the contract till after the lapse of the mandatory grace period of 30 days for every one year of installment payments, and only after 30 days from notice of cancellation or demand for rescission by a notarial act. In this case, the refusal of the seller to accept payment from the buyer on the 49th month was not justified because the buyer was entitled to 60 days grace period and the payment was tendered within that period. Moreover, the notice of rescission served by the seller on the buyer was not effective because the notice was not by a notarial act. Besides, the seller may still pay within 30 days from such notarial notice before rescission may Maceda Law; Recto be effected. All these requirements for a valid Law (1999) What are the so-called "Maceda" and "Recto" rescission were not complied with by the seller. laws in connection with sales on installments? Hence, the rescission is invalid. Give the most important features of each law.

a and delivery to be made on 01 February 2002. It was stipulated that if payment were not to be made by Y on 01 February 2002, the sale between the parties would automatically be rescinded. Y failed to pay on 01 February 2002, but offered to pay three days later, which payment X refused to accept, claiming that SUGGESTED ANSWER: their contract of sale had already been No, X is not correct. In the sale of immovable rescinded. Is Xs contention correct? Why? 5% property, even though it may have been stipulated, as in this case, that upon failure to pay the price at the time agreed upon the rescission of the contract shall of right take place, the vendee may pay, even after the expiration of the period, as long as no demand for rescission of the contract has been made upon him either judicially or by a notarial act (Article 1592, New Civil code). Since no demand for rescission was made on Y, either ANOTHER SUGGESTED ANSWER: judicially or by a notarial act,not X cannot refuse This is a contract to sell and a contract of to accept the payment offered by Y three absolute sale, since as there has been no (3) days after of 1592 the period. delivery of the the expiration land. Article of the New Civil code is not applicable. Instead, Article 1595 of the New Civil Code applies. The seller has two alternative remedies: (1) specific performance, or (2) rescission or resolution ALTERNATIVE under ArticleANSWER: 1191 of the New Civil code. In Yes, the contract was automatically rescinded both remedies, damages are due because of upon Ys failure to pay on 01 February 2002. By default. the express terms of the contract, there is no need for X to make a demand in order for rescission to take place. (Article 1191, New
Angeles 35 Suria SCRAv. 102 Civil Code, IAC 151 SCRA 661 [1987]; [1970]). U.P. v. de los

Maceda Law (2000) Priscilla purchased a condominium unit in Makati City from the Citiland Corporation for a price of P10 Million, payable P3 Million down and the balance with interest thereon at 14% per annum payable in sixty (60) equal monthly installments of P198,333.33. They executed a Deed of Conditional Sale in which it is stipulated that should the vendee fail to pay three (3) successive installments, the sale shall be deemed automatically rescinded without the necessity of judicial action and all payments made by the vendee shall be forfeited in favor of the vendor by way of rental for the use and occupancy of the unit and as liquidated damages. For 46 months, Priscilla paid the monthly installments religiously, but on the 47th and 48th months, she failed to pay. On the 49th month, she tried to pay the installments due but the vendor refused to receive the payments tendered by her. The following month, the vendor sent her a notice that it was rescinding the Deed of Conditional Sale pursuant to the stipulation for automatic rescission, and demanded that she vacate the SUGGESTED ANSWER: 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%)

contract claiming whole action would prosper of that lease be the or leased specially not? deal Why? to ishim so disadvantageous (5%) when (B) for the a period delay to of heart, had as the a sufficiently complied with his commitment SUGGESTED ANSWER: him ten was years as due he tohas from the found heavy January paperwork 1. that 1985 thein property to processing December can to give the lessee a out right of first refusal when No, the action will not prosper. The implied fetch 31, the checks. 1995 three at time rental the of agreed P100,000.00 purchase a year. price. To he offered toa sell the property to the lessee for renewal of the lease on a month-to-month SUGGESTED ANSWER: Bert such seeks condition, specific A agreed. performance On price December but he Simeon P5 Million, which was the same got20, in 2) a) No. Sublease different from assignment basis did not have the effect ofhad extending the contends 1990, the that building he is has was merely totally given burned. Bert Soon an selling it to Santos. He certainly the right to of lease. not being prohibited the life of the the option to purchase which expired at option thereafter, toSublease, buy A'sand workers nothing cleared more, the and offers and to treat lessee's counter-offer ofdebris aby lesser contract of option lease is therefore allowed and the end of the original lease period. The lessor B. Will Berts action for specific performance return started the construction money of a which new building. Bert refuses B then to amount as a rejection of his offer to sell at P5 cannot be invoked as a ground to cancel the is correct in refusing sell on the ground that prosper? Explain. (4%) accept. served notice upon Ato that he would occupy the Million. Thus, he was free to find another buyer lease, C. May Simeon justify his refusal to proceed the option had constructed expired. building being upon completion, for upon receipt of such unacceptable counterSublease vs.by Assignment of deal Lease; b) No,the the sale lessor cannot have that the lease SUGGESTED ANSWER: with the fact is the portion of the the lease term, offer unexpired (Art. 1319. NCC). Rescission of Contract (2005) Yes, the answer will violation be the same. The action cancelled for alleged of the provision financially disadvantageous to him? Explain. explaining that he had spent partly for the will Under not a prosper written contract because dated an option December be 1, against SUGGESTED assignment. ANSWER: The lessee did not must assign (4%) construction of the building that was burned. B. Yes. Berts A Victor was action correct for in specific rejecting the demand will ofA supported by a portion consideration separate and 1989, leased his land toperformance Joel for a period the lease, or any thereof, to the rejected B's demand. Did destruction A has aa right in prosper B. As a from result because of the there total was binding of case the distinct of five (5) years the purchase at a monthly price. In rental this of subsidiaries. It merely subleased some floors to rejecting B's demand? agreement building by of fortuitous sale, not just event, an the lease contract. there is no separate consideration. Therefore, Pl,000.00, to be increased to option Pl,200.00 and its subsidiaries. Since the problem does notwas The extinguished. sale perfected 1655, upon Code.) acceptance by the option Pl,500.00 may on(Art. be the withdrawn third and by Ubaldo fifth aat year, any state that was the contract of Civil lease contains Implied New Simeon of1324, 10% of the agreed price. is This time. (Art. NCC) respectively. On January 1, sublease 1991, Joel prohibition against sublease, the Right of Refusal; Lessee; Lease (1999) Under what circumstances would an implied amount isFirst in really earnest money which, under subleased the land to Conrad for a period of lawful, the rule being that in the absence of an Effect (1998) In a 20-year lease contract over a building, the On December 31, 1992, Joel assigned the lease new lease or a tacita reconduccion arise? Art. 1482, shall partthe of the two (2) years at a be monthly rental of Pl,500.00. express prohibition a considered lessee may as sublet SUGGESTED ANSWER: lessee is expressly granted a without right of first to his leased, compadre, Ernie, who acted on the belief (2%) price and asinproof of the perfection of the thing whole or in part, An implied new lease or tacita reconduccion Sublease; Sublessee; refusal should the lessor decide to sell both the that Joel was the rightful owner and possessor contract. (Topacio v. CA, 211 SCRA 291 prejudice to his/its responsibility to the lessor arises if at the end of the contract the lessee C. Simeon cannot justify his refusal tosold proceed Liability (1999) May a lessee sublease the property leased land and building. However, the lessor the of said lot. Joel has been faithfully paying [1992]; Villongco Realty v. Bormaheco, 65 for the the performance of the contract. should continue enjoying the thing leased for with the sale by the fact that the deal is without the consent of the lessor, and what are property a third person knew about the the stipulated rentals to who Victor. When Victor SCRA 352to [1975]). 15 days with the acquiescence of the lessor, financially disadvantageous to him. Having the respective liabilities of the lessee and sublease and in fact agreed to the respect it. learned on May 18, 1992 about sublease and unless a lessor notice to the contrary by action either made a bargain is not a legal ground for lessee to bad the in case of such sublease? Consequently, thehe lessee brings an and assignment, sued Joel, Conrad and SUGGESTED ANSWER: parties has previously been given (Art. 1670). pulling out a biding contract of sale, in the a) (3%) Will the action prosper? If so, against against both the lessor-seller and the buyer (a) Ernie for rescission of the contract of lease and Yes, provided thatactionable there is no express v. Villa, 35 Phil 769 , and no such In short, in order that there may be tacita absence of some wrong by the other whom? Explain. (2%) to rescind the sale and[1916]) (b) to compel specific for damages. prohibition against subleasing. Under the law, wrong SUGGESTED has been ANSWER: committed by Bert. reconduccion there must of befirst expiration party (Vales of performance his right refusal of in the the Yes, the action of for rescission of the contract of when in the contract of lease things there is contract; must be of continuation of sense thatthere the lessor should be ordered to Redemption; lease and for damages will Legal; prosper. Under Article no express prohibition, the lessee may sublet possession for 15 days or more; and there execute a of deed Rural of absolute sale in favor of the Lease 1659 of the Civil Code, "if prejudice the lessor or the lessee Formalities (2001) Betty and Lydia were co-owners of ahis parcel of the thing leased without to must be no prior demand to vacate. lessee at the same price. Theofdefendants Lands (2000) In 1995, Mark leased the rice land Narding in should not comply with the obligations set forth in SUGGESTED ANSWER: land. Last January 31, 2001, when she paid her responsibility for the performance the contend that the plaintiff can neither seek The action filed by the lessee, for both Nueva Ecija for an annual rental of P1,000.00 Articles 1654 and 1657, the aggrieved party may ask real estate tax, Betty discovered that Lydia had contract toward the lessor. [Art, 1650) In case rescission of the1998, sale due nor compel specific rescission of offending sale and specific for rescission ofthe the contract and indemnification for per hectare. In toNovember the El Nino sold her share to Emma on 10, there is a sublease of the premises being performance of a "mere" right of first refusal. performance of the right of first refusal which damages, or sublessee only the latter, allowing the contract to phenomenon, the rice harvest fell to only 40% 2000. The following day, Betty offered to leased, the is bound to the lessor for Decide the case. [5%] was remain violated, in force." should Article prosper. 1649 The of previous the ruling same in Code Equatorial Realty Development, Inc. vs. of the average harvest for the years. redeem her share from Emma, but the latter all acts which refer to the use and provides thatBetty's "the lessee cannot assign the Mayfair Theater, Inc. (264 SCRA a lease case Mark asked Narding for a reduction of the replied that right to redeem has already preservation of the thing leased in 483), the manner SUGGESTED ANSWER: without the consent of the lessor, unless there is a with similar facts, sustains both rights of action rental to P500.00 per hectare for that year but prescribed. Is Emma correct or not? Why? (5%) stipulated between the lessor and the lessee. Emma, the buyer, is not correct. Betty can still SUGGESTED ANSWER: stipulation to the contrary." Consent is necessary because the buyer in the subsequent sale knew the latter refused. Is Mark legally entitled to (Art. 1651} The sublessee is a subsidiarily liable No, Mark is not entitled to reduction. Under enforce her right ofof legal redemption as a co(Bangayan v. Court Appeals, G.R. No. 123581, because assignment would cause novation by the the existence ofany right of due first refusal, hence in such reduction? (2%) to the lessor for rent from the lessee. ANOTHER ANSWER: Article 1680 of the Civil Code, the lessee of a a owner. Article 1623 ofparties. the Civil Code gives August 29, 1997) However, the rule is different substitution of one of the bad faith. However, the sublessee shall notand be responsible The action to rescind the sale to the compel rural land is entitled to a reduction of rent co-owner 30 days from written notice of the in the case of subleasing. When there is no beyond the amount of of the rent due from him. the to vendor first refusal will not prosper. (Ang only in the case of loss more than 1/2 the saleright by to exercise his right ofof legal express prohibition in the Contract of Lease, the (Art. 1652) As toextraordinary the 238 lessee, theand latter shall still Yu Asuncion vs. CA, SCRA 602). The Court fruits through unforeseen redemption. In the present problem, the 30-day lessee may sublet the thing leased. (Art. 1650, be responsible to the lessor fordecision the rents; bring ruled infor a unanimous enby banc the fortuitous events. While the drought brought period the exercise Betty of her that right of Civil Code) to the knowledge of the lessor every usurpation right of first refusal is not founded upon In the given case, when Joel assigned the lease about by the "El Nino" may be redemption had not even phenomenon begun to run because or act which any third person may the ALTERNATIVE ANSWER: contract onsame a of quasi-delictual relationship to untoward Ernie,but the was done without classified as extraordinary, it is not considered no in writing the sale appears have Yes,notice Mark is entitled to amay reduction of the rent. His to loss was have committed or be openly preparing to Redemption; Legal; covered by the principles of human relations consent of to assignment is as unforeseen. been given her by The Lydia. more than 1/2 ofVictor. the fruits and the loss was due to an void. carry out upon the thing leased; advise the Formalities (2002) Adela and there Beth are co-owners ofet a The parcel of and unjust enrichment (Art. 19, seq. However, is no indication that in Civil the extraordinary and unforeseen fortuitous event. "El owner the need for all repairs; to return the land. Beth sold her undivided share of and the Nino" phenomenon is extraordinary because it Victor is prosper Code). Hence the only action that will written contract of lease between uncommon; it does not occur with regularity. neither thing leased upon the termination of the lease property to Xandro, who promptly notified according to the Supreme Court is an "action Joel, that subleasing the premises isAnd prohibited. couldas thehe parties have foreseen its occurrence. The event Right of just received it, save what has been Adela of the sale and furnished the latter a for damages in byathe forum for the Hence, sublease of proper Joel with Conrad is lost valid. should bethe foreseeable parties so that the lessee can Repurchase (1993) On January 2, 1980, A and B entered into a or impaired by the lapse of time or by ordinary copy of the deed of absolute sale. When purpose." In view oftime thefor foregoing, Victor can fileplanting, the case change the his planting, or refrain from or contract whereby A sold B a parcel of land wear and tear or from an inevitable cause; Sublease; Sublessee; Xandro presented the deed for registration, the take steps to avoid the loss. Toto be foreseeable, the time and of rescission and damages only against Joel and for and in consideration of P10.000.00. A the place of the occurrence, as well as the magnitude of the responsible for the deterioration or loss of the Liability (2000) A leased his house to B with a condition that b) In case of rescission, discuss the rights register of deeds also notified Adela of the sale, Ernie but he cannot include Conrad. adverse effects of the fortuitous event must be capable of reserving to himself the right to repurchase the thing leased, unless he proves that itthe took place the leased premises shall be used for and obligations of the parties. (2%) enclosing a copy of the deed with notice. being predicted. Since thewere exact friends, place, the no exact time, and SUGGESTED ANSWER: same. Because they period without hisAdela fault. of residential purposes only. B subleased the However, ignored the notices. A Nino" year the exact magnitude the adverse effects of the "El Rescission of the lease necessarily requires the return of was agreed upon for the repurchase of the been paid; house to who used it as a judgment warehouse for later, Xandro filed a petition for thegranting partition of the thing toC the lessor. Hence, the property. Until when must A exercise his c) foreclose the chattel mortgage on the fabrics. Upon learning this, A demanded that rescission of1) the contract should also order the lessee to C the property. Upon receipt of summons, Adela right of repurchase? 2) If A failsto to redeem the things sold, also in case of default of two vacate and return the leased premises the lessor. stop using the house as a warehouse, butor C immediately tendered the requisite amount for However, since the the with property within allowable period, what more installments, no further action ignored the demand, A then filed an action for the redemption. Xandro contends that Adela would you advise B to do for his better against the purchaser. ejectment against C, who raised the defense lost her right of redemption after the expiration protection? that there is no privity of contract between of 30 days from her receipt of the notice ofhim the and sale given by him.

CIVIL CIVIL LAW LAW Answers Answers to tothe the BAR BAR as Arranged Arranged by byTopics Topics(Year (Year 19901990SUGGESTED ANSWER: 2006) 2006) for his contributed Nestor and absolute property. fundamental filed P5,000,000.00 an sale, Upon action breach Simeon the for facts to suddenly provided specific warrant given,performance. that has the resolution lessor a the change building May phenomenon sublessee Will of Adela can still invoke exercise still unpredictable no her right right superior of in redemption? despite to that the of hisof A, and that heare has not been remiss the payment

1) A the can exercise his right of repurchase science, sublessor, the the phenomenon the is sublessor considered is duly oustedwithin from Option Contract (5%) Will action Explain. rent. advances inmoment unforeseen. the premises, the sublessee has no leg to stand on. The four (4) years from the date of the contract SUGGESTED ANSWER: (2002) Explain the nature of an option contract. prosper? (3%) sublessee's right, if will any, is to demand reparation for 1651 Yes, Adela the action may still prosper. exercise Under her right Article of (Art. 1606, Civil Code). SUGGESTED ANSWER: Leasee & Lessor; Rights and (2%) damages from his sublessor, should the latter be at fault. SUGGESTED ANSWER: An OPTION CONTRACT is one granting a redemption of the Civil Code, notwithstanding the sublessee the is lapse bound of more to of the Obligations (1990) A vacant lot several blocks from the center 2} I town would advise B to file an action for privilege to buy or sell within an agreed time than lessor 30 for days all from acts notice which of refer the to sale the given use to and the was leased by its owner to a young (Heirs ofSevilla v. Court of Appeals G.R. No. consolidation offor title and obtain a judicial order and at a Article determined price. Itthe must be her preservation because of the 1623 thing of leased the New in Civil manner Code businessman B a term of fifteen (15) years 49823, February 26, 1992). of consolidation which must be recorded in the supported by the a consideration distinct from the requires stipulated that between notice the lessor inof writing and of the the lessee. sale renewal upon agreement the parties. After Registry of 1479 Property 1607. Code). Sublease; Validity; Assignment ofbuilt price. (Art. and 1482, NCC) must come from the prospective vendor or taking possession of (Art. the lot, theCivil lessee Sublease; Delay in Payment of Option Contract; Earnest Sublease (1990) A leased a parcel of land to B for a period vendor as the caseof may be. materials In this case, the thereon a building mixed and a of Transfer of Ownership; Non-Payment Rentals (1994) In January 1993, Four-Gives Corporation leased Money (1993) LT applied with BPI to purchase a house and lot two years. The lease contract did not contain notice of the sale was given by the vendee and store. As years passed, he expanded his of the Price (1991) Pablo sold his car to Alfonso who issued a ALTERNATIVE ANSWER: the entire twelve floors of the GQS Towers in Quezon City, one of its acquired assets. The any express prohibition against the assignment the Register of Deeds. The period of 30 days business, earning more profits. By the of tenth Adela no longer exercise her right postdated check in full payment therefor. Complex, for ahis period of ten years at a monthly amount offered was Pl,000,000.00 payable, as of the can leasehold or the subleasing of the leased never tolled. She can still avail ofwas that right. (10th) year of possession, he able to redemption. As co-owner, she had only 30 days Before of the maturity ofthird the check, Alfonso sold rental P3,000,000.00. There is a provision in follows: P200,000.00 down payment, the premises. During the year of the lease, B build a three (3)-story building worth at least from the time she received written ofdays the the car to Gregorio who later sold itnotice to Gabriel. the contract that the monthly rentals should be balance of P800,000.00 payable within 90 subleased the land to C. In turn, C, without A's P300,000.00. Before the end of the term of the sale which in this case took the form of aA copy When presented for payment, the check issued paid within the first five days of the month. For from June 1, 1985. BPI accepted the offer, consent, assigned the sublease to D. then lease, B negotiated with the landowner for its of the deed of sale being given to her (Conejero by Alfonso was dishonored by the drawee bank the month of March, May, June, October and whereupon LT drew a check for P200,000.00 in filed an action for the rescission of the contract renewal, but despite their attempts to do so, v. CA, SCRA 775 [1966]) . The law does not for the16 reason that he, Alfonso, had already December 1993, the rentals were not paid on favor of BPI which the latter thereafter of lease on the ground that B has violated the they could notparticular agree on form the new conditions for prescribe of written notice, closed hisany account even before he issued his time with some rentals being delayed up to ten deposited inUpon its account. On September 5, terms and conditions of the lease agreement. If the renewal. the expiration of the term of (a) B's sublease to nor any distinctive method for notifying the check. Pablo sued to recover the car from days. The delay was due to the heavy paper 1985, LT wrote BPI requesting extension until you were the judge, how would you decide the the lease, the landowner asked B to vacate the Four-Gives Corporation also subleased five of (b) C's assignment ofhe the C? and redemptioner (Etcuban v. CA, 148 SCRA 507 Gabriel alleging (Pablo) had been work involved inthat processing the checks. October 10, 1985 within which to pay the case, particularly with respect to the validity of: SUGGESTED ANSWER: premises and remove his building and other the twelve floors to the wholly-owned subsidiaries. sublease to D? [1987]). So long as redemptioner was unlawfully deprived of it by reason of October Alfonso's5, balance, to which BPI agreed. On No. The suit willB not prosper because Pablo was improvements. refused unless he was The lease contract expressly prohibits informed in writing, he expected has no cause tothe deception. Will the suit prosper? 1985, due to the delay in he the not unlawfully deprived of the car although reimbursed for necessary and useful expenses. assignment of the lease contract or606, any portion complain (Distrito v. CA, 197 SCRA 609 remittance of the needed amount by his was unlawfully deprived of the price. The B claimed that he a possessor and builder SUGGESTED ANSWER: thereof. rental value ofa the building has [1991]) . The In fact, in was Distrito, written notice was financier from the United States, LT wrote BPI perfection of the sale and the delivery of the in good faith, withto right of retention. This issue a) B has the right remove the building and increased by since its lease to Four-Gives held unnecessary where the co-owner had requesting a 50% last extension until October 30, Right of First Refusal; Lessee; car was enough to allow Alfonso to have a right is now before the court for resolution in a other improvements unless the landowner Corporation. 1) Can the building owner eject actual knowledge of the sale, having acted as 1985, within which to pay the balance. BPI Effect (1996) of ownership over the car, which can be Ubaldo is the owner of a building which has pending litigation. a) What are the rights of B? decides to retain the building at theof time of the Four-Gives Corporation on grounds the middleman and being present when the vendor denied LTs request because another had been lawfully leased transferred by Remigio to of Gregorio. for the past Art. 20 559 years. b) What are the rights the landowner? termination of the lease and pay the lessee repeated delays in the payment of the rent? 2} signed the deed of sale. offered to buy the same property for SUGGESTED ANSWERS: applies only to a person who is the in possession in Ubaldo has repeatedly Remigio that one-half of the value ofassured the improvements at if Can the building owner ask for cancellation P1,500,000.00. BPI cancelled its agreement 1) a) The "repeated delays" in the payment he good should faith decide of the property, to sell the and building, notprovision to he the will of that time. The lessee may remove the building of the contract for violation of the with LT and offered to return to him the amount rentals would, at best, be a slight or casual owner thereof. Alfonso, infirst the refusal. problem, was the give Remigio the right of On June even though the principal thing may suffer against assignment? Non-payment of the price in a contract of sale of P200,000.00 that LT had paid to it. On breach which does not furnish a ground for 30, 1994, owner, and, Ubaldo hence, informed Gabriel Remigio acquired that the he title was to damage but B should not cause any more does not render ineffective the obligation to October 20, 1985, upon receipt of the amount ejectment especially because the delays were the car. willing to sell the building for P5 Million. The impairment upon the property leased than is deliver. The obligation to deliver a thing is of P800,000.00 from his US financier, LT offered SUGGESTED only due toANSWER: heavy paper work. Note that there following day, Remigio sent a letter to Ubaldo necessary. The claim of B that he was a different from the obligation to pay its price. BPI is not correct in canceling the contract with to pay the amount by for tendering a obviously cashier's was not even a demand payment offering to buy the building at P4.5 Million. possessor and builder in good faith with the EDCA Publishing Co. v. Santos (1990) LT. In Lina Topacio v Court ofrefused Appeals and BPI SUGGESTED ANSWER: check therefor but which BPI to accept. because the delay lasted for only a few days Ubaldo did not reply. One week later, Remigio right oflandowner/lessor retention is not tenable. B is to not a Transfer of Ownership; Risk b) The may refuse Investment (G. Rfrom No. 102606, July 3. 1993, 211 LT then filed a complaint against BPI in him the RTC (10 days being the longest), at the end of received a letter Santos informing builder in good faith because as lessee he does of Loss (1990) D sold a second-hand car to E for P150,000.00 reimburse 1/2 of the value of the SCRA 291) the Supreme Court held that the for specific performance and deposited inmade court which time payments were presumably that the building has been sold to him by not ownership overD the property leased. The claim agreement between and E was that half improvements and require the lessee to earnest money is P800,000.00. part of the purchase price the amount of Is BPI legally and were accepted. There was, therefore, no Ubaldo for P5 Million, and that he will not renew of the purchase price, or P75,000.00, shall be remove the improvements. [Article 1678, Civil and is proof of thethat perfection of the contract. correct in canceling its with LT? default. Note also there was no demand Remigio's lease when itcontract expires. Remigio filed paid upon delivery of car to E and the Leasee; Death Thereof; Code), Secondly, notarial or the judicial rescission under made upon the lessee to vacate the premises an action against Ubaldo and Santos for ALTERNATIVE ANSWER: balance of P75,000.00 shall be paid in five Effects (1997) Stating briefly the thesis to support your Art. 1592 and 1991 of the Civil Code is for non-payment of the monthly rent. There is, cancellation ofin the sale, andits to contract compel Ubaldo BPI is monthly correct canceling with b) The building owner cannot eject Four-Gives equal installments of P15,000.00 each. answer to each of the following cases, will theLT necessary (Taguba v. de Leon, 132 SCRA 722.) therefore, no cause of action for ejectment to execute a deed of absolute sale inrefusal, his favor, but BPI must do so by way of judicial rescission of a right of first will Corporation on the ground of repeated delays in your Thebuilding car was delivered to E,delays". and E paid the death - from a) ofinstead the lessee extinguish the lease arising the "repeated based on his right of first refusal. a) Will the under Article 1191 Civil Code. The law requires SUGGESTED ANSWER: answer be the Explain. the payment of same? rentals. The than delay in the amount of P75.000.00 to D. Less one agreement? action prosper? b) will If Ubaldo had given No. The death ofExplain. the lessee not of extinguish a judicial action, and mere notice rescission payment of the rentals minimal and cannot month thereafter, the caris was stolen from E's Remigio an option tois purchase the the lease agreement, since lease is not is insufficient if it resisted. The law also SUGGESTED ANSWER: be made the of E's an part ejectment suit. The garage with nobasis fault on and was never SUGGESTED ANSWER: No, the action to compel Ubaldo to execute the personal in character and the right is provides that slight breach is not a ground for delay was due the heavy recovered. Is E to legally boundpaperwork to pay the involved said Yes, E isabsolute legally bound to pay the of balance ofCo., deed of sale will not prosper. transmissible to the heirs. (Heirs rescission (Song Fo & Co, vs, Hawaiian Phil in processing the It would be otherwise unpaid balance of checks. P75.000.00? Explain your P75,000.00. The ownership ofof the car sold was According tocontract Ang Yu v. Court Appeals (238 Dimaculangan vs. IAC, 170 SCRA 393). 47 Phils. 821), Delay in the fulfillment of the if the lease stated that in the payment answer. Option to Buy; acquired by E from the moment it was delivered SCRA 602) , the right of first refusal is not based obligation (Art. 1169, Civil Code) is a the ground to of rentals within the first five days of month, Expired (2001) On January 1, 1980, Nestor the fishpond to him. Having acquired ownership, E bears the on contract but is on the provisions rescind, if predicated time isleased of the essence. time is of only the essence or that the lessee will be of human Mario for a period of three years at doctrine a risk of the loss of the thing under the of relations and, therefore, its violation Otherwise, the court may refuse the rescission in delay if he falls to pay within the agreed Perfected Sale; Acceptance of monthly rental of P1,000.00, with an option to of res perit domino. [Articles 1496. 1497, Civil is predicated on quasi-delict. Secondly, the if there is a just cause for the fixing of a period. period without need of demand. In this case he Earnest Money (2002) Bert offers to buy Simeons property under the purchase the same during the period of the Code). right of first refusal implies that the offer of the can judicially eject the tenant on the ground of following terms and conditions: P1 million lease for the price of P500,000.00. After the person in whose favor that right was given lack of payment of the price stipulated after a purchase price, 10% option money, the balance expiration of the three-year period, Mario c) No. Resolution of a contract will not be must conform with the same terms and demand to vacate, (Article 1673(2), New Civil ALTERNATIVE ANSWER: payable in upon the clearance of this the allowed Nestor remain in leased permitted for a to slight or casual breach, but only conditions ascash those given to the the offeree. In Code), Extinguishment; Total Distruction; No, the action will not prosper. The lessee's property of all illegal occupants. The option premises at the same rental rate. On June 15, for such substantial and fundamental breach as case, however, Remigio was offering only P4.5 Leased Property (1993) right of first refusal does not go so far as to the A is the owner of avery lot on which he constructed money is promptly paid and Simeon clears 1983, Nestor tendered the amount of would defeat the object of the parties in Million instead of P5 Million. give him the the power to cost dictate on the lessor the a building in illegal the total of P10,000,000.00. property of occupants in no time at all. P500,000.00 to Mario and demanded that the making agreement. (Zepeda v. CA, 216 price at which the latter should sell Of that amount However, Bert tenders payment of the latter execute aB deed of absolute sale of the SCRA 293]when . The delay of ten (10)) days is not balance and ask Simeon for the deed fishpond in his favor. Mario refused, on the such a substantial ground that Nestor no longer had an option to buy the fishpond.

LEASE

1898. police pay the Civil warning loan Code). in that full, the an bank attempt cannot to hijack run after the a sufficient (Article to plane CX for would the deficiency. be made, was negligence on the ALTERNATIVE ANSWER: Termination; Effect of negligent, Death it is liable part of the airline. Being While as a general rule the isyour not of Agent (1997) Stating briefly the thesis toprincipal support for the death of passenger. The defense of liable for the contract entered into by his agent answer to each of the following cases, will the force majeure is not tenable since the shooting in case the acted in his own name death - (c) ofagent an agent endhappened an agency? incident would not have had the SUGGESTED ANSWER: without disclosing principal, such prevented rule does airline taken stepshis that could have Yes. The death of an agent extinguishes the ALTERNATIVE ANSWER: not apply if the contract involves the hijacker from boarding the plane. a thing Under Article 1763 of the Code, the agency, by provision of par. 3, the Art belonging toexpress the principal. In Civil such case, common carrier is not required observe 1919 of the Civil Code. principal is liable under Article 1883 to of the Civil ALTERNATIVE ANSWER: extraordinary diligence in preventing to Code. The contract is deemed madeinjury on his CX would not be liable for the bank loan. CX's its passengers account ofPhil. the willful acts or behalf (Sy-juco on v. Sy-juco 40 634 [1920]). property would also not be or liable on the negligence of other passengers of strangers. mortgage. Since DY did that he was Composition of Partnerships; Spouses; The common carrier, in not thatspecify case, is required to acting for CX in the transaction with the bank, Corporations (1994) exercise only the diligence of a good father of a DY in effect acted his own name. In a the 1) Can a husband and wife limited family; hence, thein failure of theform airline tocase take of Rural Bank of Bombon v. CA, 212 SCRA, partnership to engage real estate business, EXTRA precautions in in frisking the passengers (1992) , the Supreme Court, under thesecurity same with wife being a limited partner? and the by leaving that matter to the facts, 2) Can ruled two corporations that "in order organize to bind a the general principal personnel of the airport, does not constitute a by partnership a mortgage under on real theso Civil property executed of the an breach of that duty as Code to make the by airline agent, Philippines? it must 3) Can upon a corporation its face purport and an to be liable. Besides, the use of irresistible force by made, individual signed form and a general sealed partnership? in the that name of the the hijackers was farce majeure could not SUGGESTED ANSWER: it will bind the agent only. principal, otherwise, have been prevented even by the observance 1) is a)not Yes. The Civil Code prohibits a husband It enough merely that the agent was in of extraordinary diligence. and wife from constituting a universal Agency fact authorized to make the mortgage, if he, partnership. Since a limited partnership is not (2003) Jo-Ann her close friend, to buy has notasked acted in the name of Aissa, the principal. a universal partnership, a husband and wife some groceries for her in the supermarket. Neither is it ordinarily sufficient that in the may form one. b) describes Yes. While spouses Was validly there the a nominate contract entered mortgage agent himself into as cannot enter into a universal partnership, they between the affirmative, acting byJo-Ann virtue and of aAissa? powerIn of attorney, if in SUGGESTED ANSWER: can enter into a limited partnership be and what was it? Explain. 5% fact the agent acted in his ownor name Appointment of SubYes, there washas a nominate contract. On the members thereof (CIR u. Suter, etal. 27 SCRA has set (1999) his own hand and seal to his theproducts mortgage. SUGGESTED ANSWER: Agent X appoints Y as his agent to sell in assumption that Aissa accepted the request of 152). is no principle of law by which a person There 2) close a) No, AY corporation is managed by its Cebu City. Can appoint a but sub-agent and if he her friend Jo-Ann to some groceries can become a real estate mortgage board of directors. If the corporation were to does, what are on the effects ofentered such for her in theliable supermarket, what they which she never executed in person or by SUGGESTED ANSWER: become a partner, co-partners would have the appointment? (5%) into was a nominate contract of Agency. attorney in fact". Yes, the agent appoint substitute or power to make the corporation party to Article 1868 of may the New CivilaCode provides sub-agent if the principal has not prohibited transactions in an irregular manner since the that by the contract of agency a person binds him fromto doing so, but he shall be partners are not agents subject to responsible the himself render some service or control to do (1) when he of was not given the power to ALTERNATIVE ANSWER: for acts the substitute: of the Board of Directors. But a corporation something in representation or on behalf of (2) when he was given such power, but without Yes, they entered into a venture nominate contract of appoint one; may enter into a consent joint with another another, with the or authority of the designating lease to service the person, in the absence and the person of a relation of corporation as long as the nature of the latter. appointed was notoriously or principal is and agent them (Article venture in line with between the incompetent business authorized b) As a general rule a corporation may not form insolvent. 1644, New Civil Code). by its charter. (Tuason & Co., Inc. v. Bolano, 95 General Agency vs. Agency Sale vs. Special a general partnership with another corporation Phil. 106). Agency (1992) (2000) A as individual principal manufacturer appointed of computers B as hismay and agent a or foreign an because a corporation not granting him general Philippine distributor entered into aunlimited contract be bound by persons who are and neither directors management whereby the over A's properties, agreed to stating order 1,000 that nor officers ofdistributor the corporation. However, a corporation maycomputers form general A withholds no power from B and a that the units of the manufacturer's every partnership with another corporation an agent month and may to execute resell them suchin acts the Philippines as heormay at Accordingly, B leased A's parcel of land in individual provided the following conditions are consider appropriate. the manufacturer's suggested prices plus 10%. 1) to C The Articles of Incorporation of per the Manila for four (4) end years P60,000.00 met: All unsold units at the ofat the year shall be corporation expressly allows the year, payable annually in advance. bought back by the manufacturer at the same corporation to enter into partnerships; price they were ordered. The manufacturer B leased another parcel of land of must A in 2) hold The of free Partnership shall the Articles distributor and harmless SUGGESTED ANSWER: Caloocan City to Ddefects without a fixed term at provide that all partners will manage the from any claim for in the units. Is the The contract is one of agency, not sale. The notion of sale P3,000.00 per month payable monthly. partnership, and they shall be jointly and agreement one for sale or agency? (5%) is negated by the following indicia: (1) the price is fixed by 3) In liable; case of a foreign corporation, severally and the manufacturer with the 10% mark-up constituting the it B sold to E a third parcel ofdo land belonging A must be licensed to business in to the commission; (2) the manufacturer reacquires the unsold units at exactly the same price; and (3) warranty for the located in Quezon City for three (3) times the Philippines. units was by the manufacturer. The c) No. A borne corporation may not be a foregoing general price that was listed in the inventory by A indicia to B. partner because the principle of mutual agency in general partnership

CIVIL LAW Answers to the BAR as Arranged by Topics (Year 19902006)ifthe failure And ratify ofthe the sale proceeds airline contract, to take of then the extra Jesus foreclosure precautions shall be are despite liable negate All allowing not those sale the contracts because other general were they executed indicate partner by that to bind B ownership while theA was over
units was never intended to transfer to principle the confined will due the to corporation illness in law the Makati Medical that the violate corporation distributor. Center. only the Rule board on ofthe directors validity may and bind binding the effect Agency; coupled with contracts an of corporation. each of the above upon A the SUGGESTED ANSWER: interest (2001) Richard sold a large parcel of land in Cebu to principal. Explain your answers, The 3) agency for the couched same reasons in in annual general given in terms the LeoNo, for P100 million payable comprised Answer to Number only above. of of administration installments over acts a2 period ten years, but(Art. 1877, Civil Code). The lease contract on the title will remain with Richard until the purchase Conveyance of a Partners Share Manila parcel is not valid, not enforceable price is fully paid. To enable Leo to pay the and Dissolution (1998) Dielle, Karloupon and Una are general partners in a not binding A. For B to lease the property price, Richard gave him a power-of-attorney merchandising firm. Having contributed equal to C, for more than one (1) year, A must authorizing him to subdivide the land, sell the amounts to the capital, they agree on provide B with a special power ofalso attorney individual lots, and deliver the proceeds to (Art. The lease of the Caloocan City property to D is equal distribution of whatever net profit 1878. Civil Code). Richard, to be applied to the purchase price. is valid andper binding upon A. Since the lease is realized fiscal period. After the two years Five years later, Richard revoked power of of without a fixed term, it is understood to be SUGGESTED ANSWER: operation, however, Una conveys attorney and took over the sale of theher whole The revocation is not valid. The power of without from month to month, since the rental is interest in lots the partnership to Justine, subdivision himself. Is the revocation valid 1. knowledge Is the partnership attorney given to the buyer irrevocable payable monthly (Art. 1687, is Civil Code). the and consent of Dielle and Karlo. or What not? Why? (5%) The sale of the Quezon parcel tothe E is not 2. are rights of City Justine, if any, should dissolved? 12%] because it is coupled with an interest: valid and not binding upon A. B needed a she desire to participate in the management of agency is the means of fulfilling the obligation special power of attorney to validly sell the the partnership and in the distribution of a net of the buyer to pay the price of the land land (Arts. 1877 1878, Civil The profit of1927, P360.000.00 which was realized after (Article CC). and In other words, a Code). bilateral SUGGESTED ANSWER: sale of the land atto a buy very good price does is not her purchase of Una's interest? [3%] contract (contract and sell the land) (a) B's sublease to C is contract valid. Although the Agency; Guarantee cure the defect the arising from dependent on theof agency. original period of two years for the lease Powers of the Commission (2004) As an agent, AL was given a guarantee lack of authority contract has in expired, the lease continued Agent (1994) Prime Realty Corporation Nestor with the commission, addition toappointed his regular the acquiescence the lessor during the third exclusive agent inof the sale of lots of its newly commission, after he sold 20 units of year. Hence, subdivision. there has been anHotel. implied renewal developed Prime Realty told refrigerators to a customer, HT The of the contract lease. Under Art. of the Nestor that heofcould not or customer, however, failed to collect pay for1650 thereceive units Civil the the lessee may sublet the thing payments buyers. Nestor was able sold. Code, ALs from principal, DRBI, demanded from ALto leased, in whole or in part, when the contract of sell ten lots to Jesus and to collect the down payment for the customers accountability. AL lease does not contain any express prohibition. payments for said lots. that He did notwas turn over objected, on the ground his job only SUGGESTED ANSWER: [Articles 1650, Civil Code). A's action the collections to1670 Prime Realty. Who shall bear to sell and not to collect payment for units SUGGESTED ANSWER: a) The general rule is that a person dealing for rescission should not prosper on this the loss for Nestor's defalcation, Prime bought by the customer. Is sublease ALs objection (b) C's assignment of the to DRealty is not with an agent must inquire into the authority SUGGESTED ANSWER: ground. or Jesus? valid? Can DRBI collect from him or not? valid. Under Art. 1649, of the Civil Code, the No, AL'sagent. objection is not valid and DRBI can did of that In the present case, if Jesus Reason. (5%) assign the lease without the lessee cannot collect from into AL. Since AL accepted guarantee not inquire that authority, he a is liable for consent the lessor, unless thereunless is a commission, in addition to his regular the loss of due to Nestor's defalcation stipulation to the contrary. There is no such commission, agreed bear the of case Article 1900, he Civil Code to governs, in risk which stipulation in the contract. If the law prohibits collection and to pay the principal the the developer corporation bears the loss. Art. 1900 of Civil Code provides: "So far as third assignment of the lease without the consent of proceeds the sale on the same terms agreed persons are concerned, an actthe is deemed the lessor, all the more (Article would assignment upon with the purchaser 1907, Civil to Agency; Real Estate have performed within the without scope of such the of a been sublease be prohibited Code) Mortgage (2004) CX executed a special of attorney agent's if power such of act iscontract within the consent. authority, This is a violation the and authorizing DY power tofor secure loanby from any bank terms of ground the of a attorney, written, is a valid rescission A.as and toifmortgage hishas property covered by the even the agent in fact exceeded the ownersof certificate of title. In securing a to loanan limits his authority according Extraordinary However, if Jesus made he was from MBank, DY did not due specify that and he and was understanding between the inquiry principal the Diligence (2000) Despite warning from the Prime police that an not informed by the principal Realty of acting foraCX in the transaction with said bank. agent. attempt to hijack a PAL plane will be made in the limits of Nestor's authority. Prime Realty Is CX liable for the bank loan? Why or why the following week, the airline did not take SUGGESTED ANSWER: shall bear the loss. not? Justify your answer. (5%) CX is Considering liable for thethat bank loan Realty because he extra precautions, such as frisking of b) Prime Corporation authorized the mortgage on his property to or passengers, for fear of could being accused of only "told" Nestor that he not receive secure thehuman loan contracted bythat DY. If DY later an violating rights. Two days later, collect payments, it appears the limitation defaults and fails did to pay the loan, is liable to armed hijacker attempt to CX hijack a PAL does not appear in his written authority or pay. his liability iswas limited to the flightHowever, to Although he subdued the power ofCebu. attorney. In this case, insofar as by Jesus, extent of value of property. otheris passengers, hethe managed to fire a shot who a the third person issaid concerned, Nestor's ALTERNATIVE is not personally which andANSWER: killed a CX female passenger. The acts of hit collecting payments is deemed to have SUGGESTED ANSWER: liable to the banksued loan because itscope was victim's parents the airline for breach of been performed within the of The airline is liable. In case of death ofhis a contracted by DY his personal capacity. Only contract, {Article and thein airline raised the Hence, defense of authority 1900. Civil Code). the passenger, common carriers are presumed to However, if liable. Jesus was aware of the limitation of the property of Is CX is liable. Hence, while force majeure. the airline liable or not? CX (2%) principal is have been at fault to have and acted negligently, Nestor's power as or an agent, Prime Realty has authorized the mortgage on his property to unless they prove that they observed Corporation does secure the loan ofnot DY, the bank cannot sue CX extraordinary diligence (Article 1756, Civil to collect the loan in case DY defaults thereon. Code). The The bank can only foreclose the property of CX.

PARTNERSHIP

AGENCY

COMMON CARRIERS

SUGGESTED ANSWER:

1. No, a conveyance by a partner of his whole interest in a partnership does not of itself dissolve the partnership in the absence of an agreement. (Art. 1813. Civil Code)
SUGGESTED ANSWER:

2. Justine cannot interfere or participate in the management or administration of the partnership business or affairs. She may, however, receive the net profits to which Una would have otherwise been entitled. In this case, P120.000 (Art. 1813, Civil Code) Dissolution of Partnership (1995) Pauline, Patricia and Priscilla formed a business partnership for the purpose of engaging in neon advertising for a term of five (5) years. Pauline subsequently assigned to Philip her interest in the partnership. When Patricia and Priscilla learned of the assignment, they decided to dissolve the partnership before the expiration of its term as they had an unproductive business relationship with Philip in the past. On the other hand, unaware of the move of Patricia and Priscilla but sensing their 1. Is thereaction dissolution done by Patricia negative to his acquisition of and Pauline's Priscilla without the consent of Pauline or for interest, Philip simultaneously petitioned Philip valid? Explain. the dissolution of the partnership. 2. Does Philip have any right to petition for the dissolution of the partnership before the expiration of its specified term? Explain.

No, because an obligation which consists in Gestio (1992) partnership, these mutuality Olivia may and of Peter. be contracts. the constituted dissolution Under over by 2132 Patricia consumable of and the New In fear of reprisals from Article lawless elements whether of the delivery of a determinate thing shall be SUGGESTED ALTERNATIVE ANSWER: ANSWER: Priscilla goods. Civil Code, [2%] without by the a contract consent of Pauline antichresis or the besieging his barangay, X abandoned his 1. Even USUFRUCT if was is a a right law given authorizing to a person the extinguished if should be lost or destroyed Philip creditor isthere not acquires valid. the right to receive the fruits fishpond, fled toit Manila and left for Europe. SUGGESTED (usufructuary) increase in ANSWER: interest to fish enjoy the property stipulation another is still without the fault ofrate, the debtor, and of before he of an immovable of his debtor, with the Seeking that the in the the fishpond were 2. No, Philip has no right to petition for with void the because obligation there of is preserving no corresponding its form and has incurred in delay. (Art. 1262. Civil Code) obligation to applyY, them the payment ofof the ready for harvest, who to is in the business dissolution because he does not have the Commodatum substance. stipulation to (Art. decrease 562. Civil the Code) interest due when interest, and thereafter the principal of his managing fishponds on ato commission basis, standing of ANSWER: aleft partner (Art. NCC). (2005) On other hand, COMMODATUM is a Before he Riyadh to work as SUGGESTED the the law reduces the rate of1813 interest. credit. took possession offor the property, harvested thea 2. Peter must pay one taxes and charges upon the contract by which of the parties (bailor) mechanic, Pedro left his Adventure van with fish and sold the entire harvest to Z. Dissolution of Partnership; land and bear the necessary expenses for delivers to another (bailee) something not Tito, with the understanding that the latter Thereafter, Y borrowed money from W and Termination (1993) A, B and C formed a the partnership foruse the preservation and repair which he may deduct consumable so that latter may it for a could use it for one year for his personal or used theof money to buy with new the supplies of fish fry purpose contracting Government in Compensation; Bank from the fruits. (Art, 2135, NCC) certain time and return it. family use while Pedro works in Riyadh. He did and to(1997) prepare the fishpond for the next crop. SUGGESTED ANSWER: the construction of one ofloan, itsgets bridges. On In Loan usufruct the usufructuary the right to order to secure a bank XYZ Corporation not tell Tito that the brakes of the vanJune a) What is the Juridical relation between Xwere and 3. The amount of the principal and interest 30, 1992, after completion of the project, the the use and to the fruits of the same, while in surrendered its deposit certificate, with a faulty. Tito had the b) van tuned up and the Y during X's absence? Upon the return of X must be specified in writing, otherwise the bridge was turned over by the partners to the commodatum, the bailee only acquires use maturity date of 01 September 1997 to the the brakes repaired. He spent a total amount to the the thing barangay, what are the obligations of Y of antichresis will be void. (Art. 2134, NCC) Government. On August 30, 1992, a supplier of loaned but not its fruits. bank. The corporation defaulted onD, the due P15,000.00. After using the vehicle for two to materials X as regards the contract with Z?whole c) Upon X's Usufruct may be on the a of used in theprompting project sued Abank for or repayment of theconstituted loan, the to weeks, Tito discovered that it consumed too SUGGESTED ANSWER: return, what are the obligations of X as regards Two months later, Pedro returned to the part of fuel. the fruits of the thing. (Art. 564. collection of themake indebtedness to him. ACivil moved encash the deposit certificate. XYZ Corporation much To up for the expenses, he 4. No.ItArt. 2136 specifically provides that the Y's contract with W? d)constituted What legal effects will Philippines and asked Tito to return the van. Code). may even be over to dismiss the complaint against him on the questioned the above action taken by the bank leased it to Annabelle. debtor re-acquire the enjoyment of 52 the result ifcannot X expressly ratifies Y's management Unfortunately, while being driven Tito, the consumables (Alunan v.by Veloso, ground that itlike was the ABC partnership that is as being a case ofmoney pactum commissorium. The immovable without first having totally paid and what would be the obligations of X in favor SUGGESTED ANSWER: SUGGESTED ANSWER: van was damaged by a cargo Phil. . accidentally On the other hand, in commodatum, liable for the debt. D replied ABC bank 545) disagrees. What is yourthat opinion? what he owes the creditor. However, it is We submit that there is no pactum of Y? Explain all your answers. (a) The juridical relation is upon that of the quasia) Who shall bear the P15,000.00 spent truck without his fault. consumable goods may be subject thereof only partnership was dissolved completion of potestative on the part of the creditor to do commissorium here. Deposits of money in contract of "negotiorum gestio". Yis isnot the for repair of of the van? Explain. (2%) when the purpose the contract the so the the project for which purpose the partnership SUGGESTED ANSWER: in order to exempt him as from his obligation banks ALTERNATIVE and similar ANSWER: institutions are governed "gestor" or "officious manager" and X is the by consumption of the object, when it merely was formed. Will you dismiss the complaint As Judge, Ibear would not dismiss the complaint Tito must the P15,000.00 expenses for the under Art. 2135, NCC, The debtor cannot reANOTHER ANSWER: the provisions on simple loans (Art. 1980. Civil "owner" (Art. 2144, Civil Code). for exhibition. (Art. 1936, Civil Code) against A If you were the Judge? against A. because Apoints is still liable asoperations a general 1. There are several of distinction van. extraordinary expenses for the acquire the enjoyment unless Peter compels Code). The relationship between the depositor (b) Y Generally, must render an account of his partner for his pro rata share of 1/3 (Art. between usufruct and commodatum. Usufruct preservation of the thing loaned are paid by the the Olivia to enter again the enjoyment of a bank is one of creditor and debtor. and deliver to X the price he received for1816, the C. C.J. Dissolution of a partnership caused by is constituted by law, by contract, by bailor, he being the owner of the thing loaned. property. Basically this is a matter compensation sale of the harvested fishof (Art, 2145, Civil as all ADDITIONAL ANSWER: the termination of the particular undertaking testamentary succession, or byshould prescription In this case however, Tito bear the elements of compensation are present in the Code). Where the security for the debt is also money specified in the agreement does not extinguish (Art. 1933. Civil Code). Usufruct creates a real expenses because he incurred the expenses (c) X must pay the loan obtained by Y from W this case (BPI vs. CA, 232 SCRA 302). Pledge deposited a bank, it isbe not illegal forduring the obligations, which must liquidated right to the fruits of another's property, while without first informing Pedro about it. Neither because X in must answer for obligations (1994) In Steve borrowed P400.000.00 from creditor encash the time deposit certificates the "winding up" of the partnership affairs commodatum creates only a purely personal was1982, thetorepair shown to be urgent. Under contracted with third persons in the interest of Danny, collateralized by a pledge of shares (Chu us. CA, et al., G.R 78519, September 26, to pay the debtor's overdue obligation. (Articles 1829 and 1830. par. 1-a, Civil Code). right to1949 use another's property, and requires aof Article of 2150, the Civil Code, bailor generally the owner (Art. Civil Code), Effect of Death of 1989). stock of Concepcion Corporation worth (d) Express ratification by X provides the stipulation enable the bailee to "make use" bears the toextraordinary expenses for the Deposit; Partner (1997) Stating briefly the thesis to support your P800,000,00. In 1983, because ofX the economic effects of an(Arts. express agency and is liable to of the fruits 1939& 1940, Civil Code). preservation of the thing and should refund the Exchange (1992) X and Y staged a bank robbery in Manila answer to each ofdaring the following cases, will the to crisis, the value of the shares pledged fell pay the commissions habitually received by Usufruct maybe while commodatum is said expenses ifonerous made by the bailee; Provided, at 10:30 AM in the morning of a regular death of a partner terminate the partnership? only P100,000.00. Can Danny demand that the gestor as manager (Art. 2149, Civil Code). always or essentially gratuitous (Arts. 1933 & The bailee brings the same to the attention of SUGGESTED ANSWER: business day, and escaped with their loot of ALTERNATIVE ANSWER: Steve surrender thecontract other shares worth 1935, Civil Code). The constituting the bailor before incurring them, except only a) No. Bilateral contracts cannot be changed Yes. The death of a partner will terminate the The (2) P15,000.00 spent the repair of the vanif two bags, each bagfor containing P50,000,00. P700,000.00? usufruct is consensual, while commodatum is a the repair is urgent that reply unilaterally. A pledge is only a subsidiary partnership, by express provision of par. 5, Art. should be borne by Pedro. Where the bailor During their flight to elude the police,cannot X and Y be real contract (perfected only by delivery of the awaited. contract, and Steve is still indebted Danny 1830 of the Civil Code. delivers to the bailee ahouse non-consummable entered the nearby locked of A, to then subject matter thereof). However, both involve Obligations alatter for the amount of P400,000.00 the fall thing so that the may use despite it for aA's certain working in hisof Quezon City office. From the enjoyment by a person of the property Partner (1992) W, X, Y and Z organized apledged. general partnership in the value of the stocks time and return the identical thing, the house, X and Y stole a box containing cash of another, differing only as to the extent and b) No. Danny's right as pledgee is to sell the with W and X as industrial partners and Y and Z contractP50,000.00 perfected is box a A had Contract of totaling which been scope of such enjoyment [jus fruendi in one and pledged shares at a public sale and keep the as capitalist partners. Y contributed P50,000.00 Commodatum. (Art. 1933, Civil keeping in deposit for his friend B. Code) The Jus utendi inrefund the other); both may have asone proceeds as collateral for the loan. There is no In their hurry, X and Y left in A's bedroom and Z contributed P20,000.00 to the common bailor shall the extraordinary expenses 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 fund. By a unanimous vote of the partners, W during the contract for the preservation of the movable; and, both maybe constituted over pledged property was attributable to bank. and X were appointed managing partners, thing loaned provided the bailee brings the the With and Yspecification now large and nowhere to be consumable goods (Arts. 574 & 1936, Civil pledger's fault or at fraud. On the contrary, the without any of respective sameX to the knowledge oftheir the bailor before A applied for the position of Secretary and Bthe found, the bag containing P50.000.00 is now Code). A consumable thing may be the subjecteconomic crisis was the culprit. Had powers and duties. incurring the same, except when they are so applied for the position of Accountant of the In claimed the given by B, problem, by the Mayor Pedro of left Manila, his Adventure and by or matter of an abnormal usufruct but in a normal pledgee been deceived as to the substance Mutuum vs. urgent that the reply to the notification cannot partnership. the bank. van with Tito so that the latter could use it for usufruct, the subject-matter may be used only quality of the pledged shares of stock, he Commodatum (2004) Distinguish briefly but clearly (Art. between Mutuum be awaited without danger. 1949 of X, the The hiring of A was decided upon by W and B claims that the depository. A, by force one year while he was in Riyadh. There was no for exhibition. A commodatum of a consumable would have had the right to claim another and commodatum. Civil Code) but was by Y the and Z. majeure had the bag of money in SUGGESTED ANSWER: mention of a obtained consideration. Thus, the contract may be only for of exhibiting, thing inopposed their place orpurpose to the immediate Pledge In place MUTUUM, of the box the object of money borrowed deposited must by be B.a perfected was commodatum. amount of not consuming it. payment of the obligation. ThisThe is not the case (2004) ABC loaned to P40,000 forto which the The hiring ofwas B MNO was decided upon by W and Z, consumable thing the ownership of which islatter P15,000.00 spent by Tito tune up the here. pledged 400 shares of stock inSuch XYZ Inc. It was but X and Y. The Mayor of Manila, on the other hand, claims transferred to theby borrower who incurs the van was andopposed to repair its brakes. expenses agreed that if the pledgor failed to pay the loan that the bag of money should be deposited obligation to return the same consumable to are extra-ordinary expenses because they are Who of the applicants should be hired by the with 10% yearly interest within four years, the the Office of the Mayor as required of the the lender in an equal amount, and of the same necessary for the preservation of the van Thus, partnership? Explain and give your reasons. pledgee authorized to foreclose on the shares finder byis the provisions of thethe Civil Code. b) Who shall bear the costs for the van's kind and quality. In COMMODATUM, the object the same should be borne by bailor, Pedro. SUGGESTED ANSWER: of stock. required, MNO delivered possession fuel, oil As and other materials while it was borrowed is usually a non-consumable thing SUGGESTED ANSWER: The bank resists the claims of B and the of of the shares to ABC with the understanding that with Tito? Explain. (2%) the ownership of which is not transferredMayor to the Manila. the shares would be returned to MNO upon the borrower who incurs the obligation to return the very thing to the lender.

CIVIL CIVIL LAW LAW LAW Answers Answers Answers to to the tothe the BAR BAR BAR as as Arranged Arranged Arranged by by Topics byTopics Topics (Year (Year (Year 199019901990ALTERNATIVE ANSWER: Quasi-Contracts; Negotiorium 2006) 2006) another Distinguish rate 1. A contract in the the absence remaining usufruct of antichresis offrom partners such was commodatum law entered may violates not into dissolve the and between principle the state Tito A should payment mustbe of also the hired pay loan. as for Secretary. However, the ordinary The theexpenses loan decision was for notthe paid

DEPOSIT

PLEDGE

Mutuum; time. of To A whom prevails A use month should because after a deliver 4 it years, is an the may act bag of the of money? shares for hiring the and preservation of the thing on Interests (2001) Samuel borrowed housing loan administration which can be gasoline, performed by the of Decide stockwith pledged reasons. be P300,000.00 deemed owned by ABC or loaned. He must pay for the oil, SUGGESTED ANSWER: from appointed theand bank at 18% per annum interest. duly not? Reason. (5%) managing W for and X. greasing spraying. Hepartners, cannot ask B would have no right to he claim the money. SUGGESTED ANSWER: However, the promissory note contained reimbursement because has the obligation a The shares of stock cannot be deemed Article 1990 of the Civil Code is not applicable. B cannot be hired, because in case of aowned tie in to proviso the bank "reserves the right to returnthat the identical thing to the bailor. Under by ABC upon default of MNO. They have to The law refers to another thing received in the decision of the managing partners, the increase interest within the limits allowed by Article 1941 of the Civil Code, the bailee is be foreclosed. Under Article 2088 of the Civil substitution of for the object deposited and is deadlock be the decided by the partners law," By virtue of such proviso, over obliged tomust pay ordinary expenses for the Code, the creditor cannot appropriate the predicated upon something exchanged. owning the controlling interest. this case, the c) Does Pedro have the right to retrieve objections of Samuel, the bank increased the use and preservation of the In thing loaned. The Mayor of Manila cannot invoke. Article 719 things given by way of pledge. And even if 48% the opposition of X and Y prevails because Y owns the van rate even before the lapse of one interest periodically until it reached of the Civil Code which requires the finder to ALTERNATIVE ANSWER: parties have stipulated that ABC becomes the the Interest (Art. 1801, Civil year? Explain. (2%) Samuel per controlling annum. Finally, filed anCode). action No, Pedro does have the right to retrieve deposit the thing with Mayor only when Obligations ofnot a Partner; owner of the shares in the case MNO defaults on questioning the right of the bank to increase the van before the lapse of one year. The previous possessor is unknown. Industrial Partner (2001) Joe and Rudy formed a partnership to operate the loan, such stipulation is void for being a the interest rate up return to 48%. The bank raised Pledge; Mortgage; In this case , a must bag of money parties are mutually bound the by the terms of the SUGGESTED ANSWER: a car repair shop in Quezon City. Joe provided pactum commissorium. the defense that the While Central Bank of the Antichresis (1996) The In the action province, will prosper. a farmer couple it is borrowed true that the to bank as the previous possessor and contract. Under the Civil Code, there are only 3 the capital while Rudy contributed his labor Philippines had already suspended the Usury interest money from ceilings the local set by merchant. the Usury To Law guarantee are no known owner (Arts. 719 and 1990. Civil Code.) instances when the bailor could validly ask for and On one side of or their shop, Joe Law.industry. Will the action prosper not? Why? (5%) longer payment, in they force, left it the has Torrens been Titlethat of their PD No. the return ofoperated the thing loaned even before the opened and a coffeeheld shop, while on 1684 land with andthe CB merchant, Circular for to merely hold until allow expiration of the period. These are when: (1) a the other side, Rudy put No. up him a905 car accessories SUGGESTED ANSWER: contracting they pay the parties loan. Is to there stipulate a - a)separate contract freely on ofany precarium contract was entered (Article 1947); store. May they engage in such Joe, the capitalist partner, may engage theof adjustment pledge, b) contract in the of interest mortgage, rate c) on contract a in loan or (2) if the bailor urgently needs the thing businesses? Why? [5%] Recovery of restaurant business because it is not the same forbearance antichresis, or ofd) money none of the do above? not commits authorize Explain.a (Article 1946); and (3) ifbut the bailee Deficiency (1997) v. AB CA, sold to increase CD SCRA a motor 2O [1994]]) vehicle . for To and say in otherwise kind of238 business the partnership is engaged in. unilateral of the interest rate by acts of ingratitude (Article 1948). Not one ofone The fact that Tito had leased the thing loaned will violate the principle of mutuality of consideration of P120,000.00 to be paid in On the other hand, Rudy may not engage in party without the other's consent (PNB the situations is present in this case. SUGGESTED ANSWER: to Annabelle would not justify the demand for contracts twelve monthly under equal Article installments 1308 of the of Civil Code. any other business unless their partnership None of the There is no pledge because the return ofabove. the thing loaned before expiration To be valid, therefore, any change of interest P10,000,00, each installment being due and expressly permits him to do so because as an only movable property may be pledged (Art. of the period. Under Article 1942 of the Civil must payable be on mutually the 15th agreed day of upon each month by the parties industrial partner he has to devote his full time 2094. NCC). If of at all, there was a pledge of the To secure the promissory CD (a) Code, leasing the thing loaned to a[1974]) third (Dizon v, Magsaysay, 57 note, SCRA 25O . In starting January 1997. to the business of the partnership [Art. 1789, paper or document constituting the Torrens executed a member chattel mortgage on the subject person not of the of the the problem, thehousehold debtor not having CC). present Title, as a movable by itself, but not of the land motor vehicle, and (b) furnished a surety bond bailee, will only entitle bailor to hold bailee given his consent to the increase in interest, ALTERNATIVE ANSWER: Mutuum; which the title represents. issued bythe Philam life, CD failed to pay more liable for loss of the thing loaned. the increase is void. As a rule, Pedro does for not have thedeed right to There is sues no mortgage because no Commodatum Interests (2002) Carlos Dino (a) collection on a than two (2) installments, AB went afteror the retrieve the van before the lapse of one year. contract was executed in the manner required (1993) A, upon request, loaned his passenger Jeepney promissory note for a loan, with no agreement surety but he was only able to obtain threeArticle of the provides that "the by law for a mortgage (Arts. 2085 to 2092, to B to 1946 enable to Code bring his sick wife from on interest, on which Dino defaulted, and (b) fourths (3/4) ofB the total amount still due and bailor cannot demand the return of the thing NCC; 2124 to 2131, NCC). Paniqui. Tarlac the Philippine General damages caused by Dino his on (Carlos) owing from CD.to AB seeks your on advice how There is no contract of antichresis because no SUGGESTED ANSWER: loaned till after the expiration of the period Hospital in Manila for treatment. On the way priceless Michaelangelo painting on which Dino he might, if at all, recover the deficiency. How Yes, he can recover deficiency. The action right to the fruits of the property was given stipulated, or after the accomplishment of the back to Paniqui, leaving note his wife at awards theto is liable on the after promissory and would you counsel AB? of AB to go after the surety bond cannot be the creditor (Art. 2132 NCC). use for which the commodatum has been hospital, people stopped the passenger damages to Carlos for the damaged painting, taken to mean a waiver of right to demand constituted. However, in his the meantime, he of Jeepney. B stopped forif them and allowed them with interests for both awards. What rates A of simple loan was entered into with SUGGESTED ANSWER: payment for the debt, The amount should have urgent need of payment the thing, he may tocontract ride on board, accepting from them interest may thewhole court impose with respect to With respect to the collection of money security arrangement agreed upon by the received from the surety is only payment pro demand return or temporary use." In the or just as inits the case of ordinary both awards? Explain. (5%) passenger promissory note, it being aTito forbearance parties which is not one of those tanto, and an action may be maintained for a of given problem, Pedro allowed to use the Jeepneys plying their route. As B mentioned was crossing money, the legalThus, rate he of should interest for having above. deficiency debt. van for one year. be bound by Bamban, there was an onrush of Lahar from Mt ALTERNATIVE ANSWER: defaulted on the payment of passenger 12% will A and B with respect to the Jeepney the said agreement and he cannot ask forapply. the Pinatubo, the Jeep that was loaned to him was There is was a contract of mortgage With respect to the damages to constituted 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 wrecked. 1) What do is you call the contract that over the land. no particular form Antichresis is 6% from the time ofto the final demand up Manila? 2) Is BThere obliged pay A for the use of to to one year period. However, if Pedro has urgent was entered into by required for the validity of a mortgage of real (1995) Olivia owns vast mango plantation which she d) Who shall bear the expenses for the the time of a finality of judgment until judgment passenger need of the van, he may demand for its return property. It is not covered by the statute of can no is longer properly manage due tocargo a accidental damage caused by the jeepney? 3) Is B liable to A for the credit fully paid. The court considers or temporary use. NCC and even assuming the 2211, frauds in Art. 1403, lingering illness. Since she of is indebted to Peter truck, granting that the truck driver and loss ofCC) the Jeepney? latter as a forbearance money. (Eastern that it amount is covered, the of the title to the SUGGESTED ANSWER: in the of P500.000.00 asks to truck owner are insolvent? Explain. (2%) Shipping Lines, Inc. v.delivery CA, 234she SCRA 78Peter [1994]; Mutuum; SUGGESTED ANSWER: 1) creditor The contract has taken is called it out "commodatum". of the coverage [Art. manage the plantation and apply the harvest Art 2210 and SUGGESTED ANSWER: Generally, extraordinary expenses arising on Interests (2004) The parties in of a COMMODATUM contract of loan money 1933. Civil Code). is aof contract thereof. A contract of mortgage of real to the payment her obligation to him, 1, Under Art. 1830 (1) (c) of the NCC, the the occasion of the actual use of the thing agreed that the yearly interest rate is 12% by which is property one consensual of the parties and her is (bailor) binding delivers on theand to principal and interest, until indebtedness dissolution by Patricia and Priscilla is valid and loaned by the bailee, even if incurred without it can be increased if there is a law that would another (bailee) something not consumable so parties despite absence of Peter writing. However, shall have been fully paid. agrees. 1) even did violate the contract of partnership fault of the bailee, shall be shouldered equally authorize the increase of interest and not Peter? Explain. 2) What specific that third the parties latter are may not use bound it for because a certain time therates. and What kind of contract is entered intoof between though Pauline and Philip did not of consent by the it. bailor and the bailee. (Art. 1949 the Suppose OB, the lender, would increase by 5% obligations are imposed by law on Peter return absence of a written instrument evidencing the Olivia thereto. The consent of Pauline is not Civil Code). However, if Pedro had an urgent the rate of interest be paid by TY, the 2) as No, a consequence B is not obliged of their to pay contract? A for the 3) use Does of mortgage and, therefore the absence of necessary because she had already assigned need for the vehicle, Tito would be inthe delaysuch for borrower, without a law authorizing the passenger Jeepney because commodatum law require any specific form for the registration. But this does not affect her interest to Philip. The of Philip is of essentially their contract? Explain 4) consent May Olivia refailure to immediately return the same, then increase, would OBs action be just and valid? is validity gratuitous. (Art. 1933. Civil Code] validity of the mortgage between the parties SUGGESTED ANSWER: not also necessary because the assignment to acquire the plantation before her entire Tito would held liable for the extraordinary Why? Has be TY a remedy against the imposition (Art. 2125, NCC), The creditor may compel the ALTERNATIVE ANSWER: OB's action is not just and valid. The him of Pauline's interest did not make him a 3) Yes, because B1830 devoted the thing to a debtor indebtedness shall have been fully paid? expenses. of the rate increase? Explain. (5%) debtor to execute the mortgage in a public Interpreting Art. (1) (c) to mean that if cannot be required to pay the increase in Commodatum vs. SUGGESTED ANSWER: partner, under Art, 1813 of the NCC. purpose different from that forregistration which it has Explain. document in order to allow its (Art. one of the partners had assigned his interest interest there being nopar. law 2, authorizing Usufruct (1998) been loaned 1942, Civil Code)it, as 1357.NCC in (Art. relation 1358. NCC). on the partnership to to Art. stipulated in the contract. Increasing the

SURETY

Commodatum & Mutuum

ANTICHRESIS

QUASI-CONTRACT

house under the principle of negotiorum gestio. He was not liable as the burning of the house is a fortuitous event. Is B liable to A for damages under the foregoing circumstances?
SUGGESTED ANSWER:

No. B is not liable for damages, because he is a gestor in negotiorum gestio (Art. 2144, Civil Code) Furthermore, B is not liable to A because Article 2147 of the Civil Code is not applicable. B did not undertake risky operations which the owner was not accustomed to embark upon: a) he has not preferred his own interest to that of the owner; b) he has not failed to return the property or business after demand by the owner; and c) he has not assumed the management in bad faith.
ALTERNATIVE ANSWER:

Quasi-Contracts; Negotiorium Gestio (1993) In September, 1972, upon declaration of martial rule in the Philippines. A, together with his wife and children. disappeared from his residence along A. Mabini Street. Ermita, Manila. B, his immediate neighbor, noticing that mysterious disappearance of A and his family, closed the doors and windows of his house to prevent it from being burglarized. Years passed without B hearing from A and his family, B continued taking care of A's house, even causing minor repairs to be done at his house to preserve it. In 1976, when business began to perk up in the area, an enterprising man. C, approached B and proposed that they build stores at the ground floor of the house and convert its second floor into a pension house. B agreed to Cs proposal and together they spent for the construction of stores at the ground floor and the conversion of the second floor into a pension house. While construction was going on, fire occurred at a nearby house. The houses at the entire block, including A's were burned. After the EDSA revolution in February 1986, A and his family returned from the United States where they took refuge in 1972. Upon learning of what happened to his house. A sued B for damages, B pleaded as a defense that he merely took charge of his

He would be liable under Art. 2147 (1) of the Civil Code, because he used the property for an operation which the operator is not accustomed to, and in so doing, he exposed the house to increased risk, namely the operation of a pension house on the second floor and stores on the first floor Quasi-Contracts; Negotiorium Gestio (1995) Armando owns a row of residential apartments in San Juan, Metro Manila, which he rents out to tenants. On 1 April 1991 he left for the United States without appointing any administrator to manage his apartments such that uncollected rentals accumulated for three (3) years. Amparo, a niece of Armando, concerned with the interest of her uncle, took it upon herself to administer the property. As a consequence, she incurred expenses in collecting the rents and in some instances even spent for necessary 1. Whatto Juridical relation between Amparo and repairs preserve the property. Armando, if any, has resulted from Amparo's unilateral act of assuming the administration of 2. What rights and obligations, if any, does Armando's apartments? Explain. Amparo have under the circumstances? Explain.

CIVIL LAW Answers to the BAR as Arranged by Topics (Year 19902006) The courts may, however, increase or moderate the (2) When the contract refers to things pertaining to

indemnity according to the circumstances of each the case. Art. 2146. If the officious manager delegates to another person all or some of his duties, he shall be liable for the acts of the delegate, without prejudice to the direct obligation of the latter toward the owner of the business. The responsibility of two or more officious managers shall be solidary, unless management was assumed to save the thing or business from imminent danger. Art. 2147. The officious manager shall be liable for any fortuitous event: (1) If he undertakes risky operations which the owner was not accustomed to embark upon; (2) If he has preferred his own interest to that of the owner; (3) If he fails to return the property or business after demand by the owner, (4) If he assumed the management in bad faith. Art. 2148. Except when the management was assumed to save the property or business from imminent danger, the officious manager shall (1) If he for is manifestly to carry on the be liable fortuitous unfit events (2) If by his Intervention h e prevented a more management; competent person from taking up the management. Art. 2149. The ratification of the management by the owner of the business produces the effects of an express agency, even if the business may not have been successful. Art. 2150, Although the officious management may not have been expressly ratified, the owner of the property or business who enjoys the advantages of the same shall be liable for obligations incurred in his interest, and shall reimburse the officious manager for the necessary and useful expenses and for the damages which the latter may have suffered in The same obligation shall be incumbent upon the performance of his duties. SUGGESTED ANSWER: him when the management had for its purpose 1. Negotiorum gestio existed between Amparo the prevention of an imminent and manifest and Armando, She voluntarily took charge of loss, although no benefit may have been the agency or management of the business or derived. property of her uncle without any power from Art. 2151. Even though the owner did not her uncle whose property was neglected. She is derive any benefit and there has been no called the gestor negotiorum or officious imminent and manifest danger to the property manager, (Art. 2144, NCC) or business, the owner is liable as under the 2. It is recommended by the Committee that an (1) The officious manager acted in article, first paragraph of thehas preceding enumeration of any two (2) obligations and two (2) The property good faith, and or business is intact, ready to provided: (2) rights as enumerated in Arts. 2145 to 2152, be returned to the owner. NCC, would entitle the examinee to full credit. Art. 2152. The officious manager is personally liable for contracts which he has entered into with third persons, even though he acted in the name of the owner, and there shall be no right of action between the owner and third (1) If theThese ownerprovisions has expressly tacitly ratified persons. shallor not apply: the management, or Art. 2145. The officious manager shall perform his duties with all the diligence of a good father of a family, and pay the damages which through his fault or negligence may be suffered by the owner of the property or business under management.

CIVIL CIVIL LAW LAW Answers Answers to tothe the BAR BAR as Arranged Arranged by byTopics Topics(Year (Year 199019902006) Further, is may (b) A. no There The recover finality defense in is Phoenix noin moral legal the of diligence Construction, basis amount damages to Ortillos in of2006) if the indemnity the Inc. selection claim cause v. Intermediate because for of and action A The the the van isvehicle action owned atby the or Orlando time may of not and the prosper. driven accident, Moral Diego, held damages while Availing of may that portion of Section 12by of be Article II of the liability on supervision Article arising 21 of of the the employee Civil Code thefall under for crime the Article and1987. the physical negotiating liable with suffering, his abusiness, downhill driver, mental slope of anguish, a city road, fright, 1987 owner Constitution of the which reads; civil based moral damages. Itfrom does not under the include solidarily Appellate Court (G.R. L-65295, March 10, SUGGESTED ANSWER: (NOTE: It xx is recommended byprotect the Committee The(5%) State x shallbesmirched equally the life judgment humiliation 2180 of the on and Civil the embarrassment Code crime is available has not they only yet felt to become when suddenly gained anxiety, speed, obviously beyond reputation, the of the John? coverage of Article 2219 of the New Civil Code. 148 SCRA 353) the Supreme Court held that the serious

that an enumeration of any two (2) obligations Yes. Art may be held solidary liable with John, if and the life ofin the unborn from conception, "xxx" mother finalstewardess the those liable threatened thereunder, toclear offload but them not to if wounded authorized limit feelings, the area, moral and shock, bumped a social car role ofprimarily the common law "last chance" and any two that (2) rights as enumerated la Arts.have it was proven the former could ALTERNATIVE ANSWER: c) B. Ortillo Yes. Since is entitled the civil to attorneys indemnity fees is 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 damage injury. to Although the doctrine in relation to Article 2179 of the to 2152, NCC would entitle the examinee to If it can be action proved that pain in his arm prevented the misfortune with the use of due the moment of conception. the Fabricatos civil complaint arising isDT's a case from of the malicious criminal from Revised Penal Code (Yumul vs. Juliano, 72 incapable care and of pecuniary injuries tocomputation, its passengers. moral Code is merely to mitigate damages within the Quasi-Contracts; Solutio fullserious credit.) and wrist occasioned by the transfer of diligence. Article 2184 of the Civil Code states: Liability; owner who was in the offense, prosecution the or rule a clearly that unfounded a party civil cannot action. be Phil. 94). damages Orlando was may not be in the recovered car at the if time they of are the the context of contributory negligence. Indebiti (2004) DPO went to a store to buy a pack of cigarettes Damages luggage was caused by fault or negligence on "In motor mishaps, the owner is solidary liable vehicle (1996) Boy filed a case for damages against the Marcial, who not know how to drive, has granted (Art. 2208 affirmative [4]does and [11], relief NCC). unless he himself has proximate incident. The result car owner of the and defendant's the injured wrongful worth P225.00 only. He gave the vendor, RRA, (1994) On January 5, 1992, Nonoy obtained awas loan of the part of the airline's stewardess, actual Moral Damages; Non-Recovery with hisomission. driver, if the former, who was in the abortionist, praying therein that the latter always been driven by Ben, his driver of ten appealed should apply. Therefore, it error act passengers or sued Orlando Moral and damages Diego for predicated a P500-peso bill. The vendor gave him the be pack Pl,000,000.00 from his friend Raffy. The damages may be recovered. Thereof (2006) Under Article 2219 of the Civil Code, moral vehicle, could have, by the use of due diligence, ordered to pay him: (a) P30,000.00 as years whom he had chosen carefully and has for the Court of Appeals to have expanded the upon damages a breach caused by of Diegos contract negligence. of carriage In are plus P375.00 change. Was there a discount, an ALTERNATIVE ANSWER: The airline may be liable for mishap. moral damages promissory note did notjudgment stipulate any payment damages may be recovered in the cases prevented the misfortune, x x where x" indemnity for the death of the fetus, (b) never figured in a vehicular One day, indemnity since the on the civil recoverable their defense, only Diego in instances claims that the downhill the carrier oversight, or an error in the amount given? 1. It depends. The Supreme Court in Chapman pursuant to Art. (10) ifwhich the cause of 5, d) No.was Courts can review matters not assigned as for Interest. The 2219 note was due on January specified therein several of are P100.000.00 as moral damages for the mental Marcial riding at final. the back seat of his liability had become is slope guilty caused of be fraud the van or to bad gain faith speed or and where that, the What would DPOs duty, if any, in case of an vs, Underwood (27 Phil 374), held: "An owner action isResource based on Article or an act contrary 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 of check a passenger. the excess in the amount of change given by the who sits in his automobile, or other vehicle, and to morals in view of the humiliation suffered by 309). political enemies. Nonoy, of spite, you cannot recover moral out damages. Explain. as exemplary damages, (d) P20,000.00 as Ben. Absorbed in reading a book, Marcial did (Cathay Pacific Airways, Ltd. v. Court acceleration, the brakes locked, causing the of vendor? How is this situational relationship permits his driver to continue in a violation of Defense; Due Diligence in DT and MT when they were separated from deliberately defaulted in paying the note, (2.5%) a) A criminal offense resulting in nominal damages, and (e) P25,000.00 as not notice that they were approaching thethus SUGGESTED ANSWER: Appeals, G.R. No. 60501, March 5, 1993) van to go even faster and eventually to hit the between DPO and RRA denominated? Explain. law by the performance of negligent acts, after Selection (2003) As a result of a collision between the taxicab their guests and were threatened to be forcing of Raffy to sue him. 1) What actual physical injuries b) Quasi-delicts causing There was error in the amount of change given attorney's fees. actual damages be also corner Quezon Avenue, when the traffic light Where there isMay no showing that the airline carhas in front of it. Orlando and Diego contend (5%) Liability; Airline Company; Nonhe had a reasonable opportunity to observe SUGGESTED ANSWER: owned by A and another taxicab owned by offloaded. damages can Raffy recover? 2) Can Raffy askB, physical injuries c) Immorality or dishonesty d) by RRA. This is a case of solutio indebiti in that recovered? If so, what facts should be alleged had just turned yellow. Ben suddenly stepped acted fraudulently or in bad faith, liability for that the sudden malfunction of the vans brake Performance of an Obligation (2005) Yes, No. Mechanical provided that defects the pecuniary of a motor loss vehicle suffered them and to direct that the driver do cease X, a search passenger of first 3) taxicab, was for the moral damages from Nonoy? Can Raffy Illegal e) Malicious prosecution DPO received something that is not due him. and proved? on gas to cross thethe intersection before the damages is limited to the natural and probable system is a fortuitous even and that, therefore, Dr. Mrs. Almeda are prominent citizens of should not constitute be substantiated fortuitous and event, duly since proved. the therefrom, becomes himself responsible for In the instant case, if the involuntary upgrading seriously injured. X later filed atoo criminal action ask and forlight nominal damages? 4) Can Raffy ask for SUGGESTED ANSWER: Immorality and dishonesty, He has the obligation to return P100.00; traffic could turn red. But, late. consequences of the breach ofthe the contract of they are exempt from any liability. Is 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, of the Almedas' seat accommodation was not 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 the Midway in the intersection, the traffic light carriage which the parties had foreseen or contention tenable? Explain. (2%) 1) Raffy may recover the amount of the Damages arising Death of May both taxicab owners raise business the defense of In 1996, they booked round-trip class readily detected by diligent maintenance by a sudden act of from negligence, and without attended by fraud or bad faith, the award the of ALTERNATIVE ANSWER: attorney's fees? in Article 2219 be of the basis of an expense of RRA. (Art. 2154, Civilof Code) changed, and awhich Jeepney full passengers could have reasonably foreseen. In such a case promissory note P1can million, together with Unborn Child (2003) If a pregnant woman passenger aon. bus were due diligence in of the selection and supervision check. The failure to maintain the vehicle in tickets for the Manila-Hong Kong-Manila route owner having a to reasonable opportunity to moral damages has no leg to stand DPO has the duty return to RRA the excess action for moral damages. The law specifically suddenly crossed the car's path. Adate collision the liability does not include moral and interest at the legal rate from the of to suffer an abortion a vehicular of the their drivers to be absolved from liability for Pinoy Airlines, where they are holders of safe running condition constitutes negligence. prevent the act or following its continuance, injures a P100 as trustee under Article 1456 of the Civil mentions adultery or concubinage, etc. but between the two vehicles was inevitable. Asnot a exemplary damages. Liability; Airline Company; NonSUGGESTED ANSWER: judicial or extrajudicial demand. addition, Thus, which spouses not also be entitled accident to would the gross negligence of owner the to damages to X? Reason. 5% Flier In Gold Mabalos Class Frequent cards. On person ordue violates the criminal law, the of Code provides: If property is acquired any and every immoral act. result, several passengers It depends. If jeepney the civil action isiswere based on a the Performance of an Obligation (2004) however, inasmuch as the debtor in bad their SUGGESTED ANSWER: exemplary damages. It her is a requisite in bus driver, may she and husband claim their return flight, Pinoy Airlines upgraded automobile, although present therein atthe the through mistake or fraud, the person obtaining seriously injured. A suit for damages based on quasi-delict the taxicab owners may raise the Marcial may not be liable because under Art. DT and MT were prominent members of the faith, he is liable for all damages which may be grant of exemplary damages that the act of damages from the bus company for the death tickets to first class without their consent and, time the act was committed is not responsible, it is, by force of law, considered a trustee of the an culpa aquiliana was filed against Marcial SUGGESTED ANSWER: defense of diligence of a the good father of aand family 2184, NCC, the protestations owner who isnon-performance in the vehicle is frequent travelers club of FX InThe reasonably attributed to Quasi-Delict offender must be accompanied byperson bad faith or of their civilly unborn child? Explain. 5% inspite of their to be allowed to either or criminally, therefor. act 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 damages in the selection and supervision of the driver; if not liable with the driver if by the exercise of Hongkong, the couple were assigned seats in of obligation. (Art. 2201(2). NCC). (1992) (Morris v. Court of Appeals, G.R. No. 127957, As the result of a collision between a public done in wanton, fraudulent or malevolent remain in the business class so that they could complained of must be There continued in the whom thein property comes. is, in this Liability; owner who was in the the2001) form of indemnity for the loss liable for suchhe injuries. May Marcial be held are recoverable in case of were breach of contract the action them is based on culpa damages due diligence could have prevented the Business Class for which they had bought February 21, Moreover, to be entitled service passenger bus and a cargo truck owned manner. be with theiragainst friends, they told that the presence of the owner for such a length of time case, an implied or constructive trust in favor vehicle (2002) Does the presence of the owner inside the of life of the unborn child. This is because the liable? Explain. where the defendant acted fraudulently or in contractual or civil liability arising from a crime, injury. The law was does not require owner to tickets. On checking in, however, were thereto, the claimant must first they establish his by D, X sustained physical injuries and Y and died. business class already fully the booked, that the owner, by his acquiescence, makes his of RRA. vehicle causing damage to a third party affect unborn child is not yet considered a person and bad faith. they cannot raise the defense. supervise the driver every minute that he was told they were upgraded by computer to First right toact moral, temperate, or compensatory Both X and Y were passengers of the bus. Both that they were given priority in upgrading driver's his own." Filing of Separate Civilnot Action; Need for his liability for his drivers negligence? Explain 3) Nominal damages may recoverable in the law allows indemnity only for loss the of life of driving. Only when through negligence, the Class for the flight to Manila because (Art. 2234, Civil Code) Since the drivers were at fault, and sohis X be and Z, theof only because they are elite members/holders Gold damages. SUGGESTED ANSWER: Reservation (2003) As a result of a collision between the taxicab (2%) this case because Raffy may already be person. The mother, however may recover Both refused to transfer despite better seats, Collapse of Structures; Last Clear owner has lost an opportunity to prevent the Business Section was overbooked. Almedas are not entitledthe to owner any is of made these heir and legitimate child of they the deceased Y, Mabalos Class cards. Since were In motor vehicle mishaps, owned by A of and another taxicab owned by B, indemnified his losses with the award damages for bodily injury she suffered from food, beverage and services in First Class. Chance (1990) Mr and Mrs Rthe own a other burned-out the accident be liable (Caedo v.the Yttof Khe damages, the award exemplary damages sued the would owners of both vehicles. a) May the embarrassed athe the discussions with flight solidarily liable with hisfor driver ifbuilding, he (the owner) X, a passenger of the first taxicab, was actual and compensatory damages. NOMINAL the loss of the fetus which is considered part of They said they had guests in Business Class firewall of which collapsed and destroyed the Thai, 26 SCRA 410 citing Chapman v. has no legal basis. Where the awards for owner of the bus were raise forced the defense ofthe having attendants, they to take flight was in the vehicle and could have, by themoral use seriously injured. X later filed a criminal action DAMAGES are adjudicated only in order that a her internal organ. The parents may also they should attend to. They felt humiliated, Underwood and Manlangit v. Mauler, 250 SCRA shop occupied byprevented the familythe of Mr and Mrs S, so and exemplary damages are eliminated, exercised the diligence a good father of a at the first class sectionof apart from their friends of due diligence, mishap. (Caedo against both drivers. right of the plaintiff, which has been violated or recover damages for injuries that are inflicted embarrassed and vexed, however, when thethe 560). In this case, the fact that the owner was which resulted in injuries to said couple and must the award for attorney's fees be family? b) May D raise the same defense? c) who in the business Upon v. Yu Khe Thai, 26 SCRA 410 [1968]). ALTERNATIVE ANSWER: Is it were necessary for a X book to class. reserve histheir right to invaded by the defendant may be vindicated or directly upon them, e.g., moral damages for stewardess allegedly threatened to offload absorbed in reading does not death of their daughter. Mr and Mrs S had been eliminated. (Orosa v. Court of Appeals, G.R. No. May X claim moral damages from both Moral Damages & Atty return to Manila, they demanded aArt. written Yes, Marcial should be held liable. ALTERNATIVE ANSWER: institute a and civil action for damages against recognized, not for the purpose of 2164. mental anguish attended the loss of the them they did not avail ofMorris the Thus conclusively show that he lost the opportunity warned by Mr & that Mrs R to vacate the shop in 111080, April 5, 2000; Court of defendants? d) May Z claim moral damages Fees if (2002) Ortillo contracts Fabricato, Inc.upgrade. to v. supply and apology from Pinoy Airlines. When it went NCC makes an owner of a motor vehicle Yes, the action will prosper. Article 2201 of the both taxicab owners before he can file a civil SUGGESTED ANSWER: indemnifying the plaintiff for any loss suffered unborn child. Since there is gross negligence, they gave in, but during the transfer of luggage to prevent the accident through his negligence. view of its proximity to the weakened wall but Appeals, G.R. No. 127957, February 21, 2001) from both defendants? Give reasons for all your Death install tile materials in a building he is donating unheeded, the couple sued Pinoy Airlines solidarily liable with the driver if, being in for the SUGGESTED ANSWER: Civil Code entitles the person to recover 4) Raffy may ask for, but would most likely not (a) No. The owner of the bus cannot raise the action for damages against them? Why by him. (Article 2231. Civil Code) exemplary damages can also be recovered. DT suffered pain in his arm and the former failed tobe do so. Mr & wrist. Mrs S After filed most that can adjudged in their favor for answers, Indemnity to his province. Ortillo pays 50% of the contract It depends. Iftime the separate civil action is to The Johnny Maton's conviction for homicide was breach of contract claiming moral and vehicle at the 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 (Gelus v. CA, 2 SCRA 801 [1961]) arrival in Manila, they demanded an apology against Mr and Mrs R an action for recovery offor Pinoy Airlines' breach of contract is an award (1994) price as per agreement. It is also agreed that recover damages arising from the criminal act, affirmed by the Court Appeals and in exemplary damages, as well as attorney's fees. have prevented it by the exercise of due performance of actual an obligation. In may Alitalia reason that his damages already be on breach of contract from FXs management as well as indemnity damages the former suffered as a result of the nominal damages under Article 2221 ofnot the Civil However, if would spouses could prove that the balance be Almeda payable periodically after reservation isupon necessary. If the civil action addition, although the prosecution had WillYes. the action prosper? Give reasons. (5%) diligence. traffic conditions along EDSA at Airways v.The Court of Appeals (G.R. No. 77011, compensated proof thereof with the (b) D can raise the defense because his payment. When none was forthcoming, they collapse of the firewall. In defense, Mr and Mrs Code. (Cathay Pacific Airways v. Sps. Daniel & there was bad faith on the part of Pinoy every 10% performance until completed. After against the taxicab owners is based on culpa appealed at all. The appellate court increased any time of day or night are such as to require July 24, 1990) , when an airline issues ticket to a promissory note.on TEMPERATE DAMAGES may liability is based a quasi-delict. sued the airline for a million in damages. R rely on the doctrine of last clear chance Maria Luisa Vasquez, G.R. No. 150843, March Airlines when it death breached the contract of performing about 93% of pesos the contract, for contractual, or on quasi-delict, there is no need the indemnity for from P30,000.00 to SUGGESTED ANSWER: theawarded observance of utmost and total passenger confirmed on a care particular flight, a be only when the court finds that Is the airline liable for actual and moral ALTERNATIVE ANSWER: alleging that Mr and Mrs Sadditional had the last clear 14, 2003) carriage, itbeen could be liable for moral, FX Airlines committed breach of contract when which it has paid an 40% as per for reservation. P50,000.00. On his appeal to the Supreme alertness incarriage view of the large number ofbut (c) Because X suffered physical injuries, X can contract of arises and the passenger some pecuniary loss has suffered its damages? Why or why not? Explain briefly. No, such reservation is been not necessary. Under chance to avoid the accident if only they exemplary as well as attorney's fees. it upgraded DT and MT, over their objections, agreement, Fabricato, Inc. did not complete Court, among the other things Johnny Maton the vehicles running at great speed. Marcial was be 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, (5%) Section 1 of Rule 111 of the 2000 Rules on Liability; Employer; Damage caused by heeded the formers warning to contracted vacate the to First Class because they had for of project due to its sudden cessation brought to the high court's attention, was the negligent in that he rendered himself oblivious owner ofcertainty. the bus. X can claim moral the airline deliberately overbooked, it took the proved with (Article 2224, Civil Code) Criminal Procedure, what is deemed Employees (1997) a) When would an employer's liability for damage, shop, and therefore Mr and Mrs Rs prior 5) Yes, under paragraph 2, Article 2208 of the Business Class passage. However, although operations. Instead, Fabricato, demands increase of indemnity imposed byInc. the Court of to the hazards by reading a negligence book instead damages only if X proves reckless risk of traffic having to deprive some passengers of instituted with the criminal action act is only the byis an employee in the performance of his assigned caused negligence should be disregarded. If you were Civil Code, considering that Nonoy's or there a breach of contract, DT and MT are payment of the last 10% of the contract despite Appeals despite the clear fact that the People focusing attention on the road and up. of the carrier amounting to fraud. SUGGESTED ANSWER: their seat inhis case all of them would show SUGGESTED ANSWER: tasks, be primary and when would itrefuses be subsidiary action to has recover civildamages liability arising from the judge, how would you decide the case? omission compelled Raffy to litigate to the entitled to actual damages only for such (d) Z can claim moral against both I would in favor of Mr & Mrs S. The its non-completion of the project. Ortillo had not decide appealed from the appellate court's supervising the manner in which his of car was For the indignity and inconvenience being a) In Abejam v. Court of Appeals , the Supreme nature? b) Would the defense of due diligence in crime or ex delicto. All the other civil actions In the given problem, spouses Almeda had a State your reasons. protect his Furthermore. attorneys' defendants because the rules damages pecuniary losses suffered them as a result of proprietor of a building or by structure is to pay, invoking the stipulation that payment judgment. Is Johnny Maton correct? being driven. Thus he failed toon prevent his is refused theinterests. confirmed seat, said passenger Court said that even if the issue of damages in the selection and under Articles 32,business 33, 34 and 2176 of with the New booked roundtrip class ticket fees may be awarded by the court when it is of such breach. There seems to be no showing arising from death due to a quasi-delict are responsible for the damages resulting from its the last amount 10% shall be upon completion. driver from attempting beat the traffic light entitled to owner moral damages. were not raised of bythe the appellant be in the Court to the Liability; who was in the supervision employee available Civil Code are When no death longer deemed instituted, Pinoy Airlines. their tickets were just and equitable. (Article 2208(110) Civil also applicable to of a passenger caused that they incurred such pecuniary loss. There is total or partial if it for should be due to Fabricato, Inc. collapse, brings suit the entire 10%. at the junction of Quezon Avenue and EDSA, of Appeals but the Court of Appeals in its employer in both vehicle (1998) A Gallant driven by John and owned by Art, and and may be filed separately and prosecuted Damages arising from Death of carrier upgraded to first class without their consent, Code). no showing thatOrtillo the pain in DT's arm and wrist by breach of contract by a common the lack of necessary repairs (Art 2190 Civil Plus damages, counters with claims for which Marcial, without being a driver himself A. Does Ortillo have a damages, legal basis for his claim findings increased the the Supreme instances? SUGGESTED a Corolla driven by1764, its owner, Gina, collided independently even without any reservation in Zulueta v. Pan American (G.R. No. L-28589, January Unborn Child (1991) On her third month of pregnancy, Rosemarie, Pinoy Airlines breached the contract. As ruled As regards the defense of last clear chance, (Arts. 1755. 1756, 2206 and 2219. Civil resulted directly from the carrier's acts Code) (a) moral damages for Fabricato, Inc.s could have easily perceived asis a in reckless (a) The employer's liability for damage based for moral damages? (2%) Court will not disturb the findings of the Court in case of overbooking, airline bad faith. ANSWER: : somewhere along Adriatico Street. As a result 8, 1973), the criminal action (Sectionknown 3, Rule 111, Ibid). married to Boy, for reasons only to her, in the same is not tenable because according to complained of. Hence, they are not entitled to Code). unfounded suit which has damaged his course of conduct. b) No, the contention of the accused is not B. Appeals. How about hisunder claim for attorneys fees, on culpa aquiliana Art, 2176 and 2180 of Therefore, spouses Almeda are entitled to of of the accident, had The failure to Gina make aa concussion. reservation in the and without informing Boy, went to the clinic the SC in one case (De Roy v CA L-80718, Jan actual damages. Moreover, DT could have reputation as a philanthropist and respect correct because upon appeal to the Appellate having hired a lawyer to defend him? (3%) the Civil Code is primary; while that under Art. damages. Subsequently. Gina brought an action for criminal action is not a waiver of of X, a known abortionist, who for a the fee, right to 29, 1988, 157 Sin 757) the community, doctrine of last clear avoided the alleged injury by requesting the businessman his and (b) ALTERNATIVE ANSWER: SUGGESTED ANSWER: Court, court acquired jurisdiction over the 103 of the the Revised Penal Code is subsidiary. damages against John independent and Art. There is no file a separate and civil action removed and expelled the fetus from her chance is not applicable to instances covered airline staff to do the luggage transfer as athe attorneys fees. Fortuitous Event; Mechanical entire case, criminal as well as civil. Since doubt that the collision isof due toNew John's based on these articles the Civil womb, Boy learned of the abortion six (6) Code by Art 2190 of the Civil part. Code. matter of duty on their There is also no Defects (2002) conviction of homicide had been appealed, negligence. Can Art, who was in (Casupanan v. Laroya GR No. 145391, August months later. 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

defense that the vehicle isthe not registered in the his provisions employee, of the the exercise New by Civil of due Code diligence (Articles in 19, to exclusive ownership inventor. ALTERNATIVE ANSWER: name. His liability, vicarious inPeter character, is based 20 and selection 21) and because supervision the act of committed would by not the be The oncomouse a morals. higher life which does on Article 2180 because he is form the father of a lessor a material is contrary issueis since to the conviction Moral damages of Peter are not fall within the definition of the term (10) in relation to Article 21. Although minor who caused damage due to negligence. recoverable would resultunder in a subsidiary Article 2219 liability where the "invention". Neither may itagainst fall within the ambit action is suit based quasi-delict and not on While the will on prosper the registered defense would not be available by the of the "manufacture" which usually In theterm of Paul, since he was in the owner, it case is the actual owner of the private vehicle contract, actual damages may be recovered if employer. implies a non-living mechanistic product. The performance his at the losses time the who is ultimately liable (See Duavit v. CA, G.R. the lessee is of able towork prove the and ALTERNATIVE ANSWERS: oncomouse is better regarded as may a "discovery" incident occurred, the school be of held No. L-29759, May 18, 1989). The purpose car expenses she suffered. ALTERNATIVE ANSWER: a) Yes, based on breach of contract. The lessor which is theliable common patrimony man. registration is to Domingo, reduce difficulty in identifying subsidiarily not because ofof the conviction (Villanueva v. G.R. No. 144274, The "oncomouse" is non-patentable has the obligation toa undertake repairs to the party liable in case of September 14, 2004). of Peter, but because of accidents the negligence ofmake Paul

CIVIL LAW LAW Answers Answersto to the the BAR BAR as as Arranged Arranged by Topics by Topics (Year (Year 199019902006) Yes, C. SUGGESTED by In man's based the case invention ANSWER: on of quasi-delict Peter, or No, industry ifBenjamin he under were are the to cannot susceptible be human considered raise relations the a) for called The anWhen quasi-delict doctrine oncomouse of may VICARIOUS nonetheless in Manila? LIABILITY What prosper. is will that be The which your a 7-year old boy injures his

invention. Hence, cannot be owned exclusively the apartment under Art. 2180.habitable and to maintain the by its inventor. It is a method for the enjoyment treatment Vicarious Liability; Public lessee in the peaceful and adequate Vicarious of the human or animal body by surgery or Utility (2000) Silvestre leased a car from Avis-Rent-A-Car of the lease for the entire duration Alberto, of Co. the Liability (2001) After working overtime up to midnight, therapy and diagnostic methods practiced on at the Mactan International Airport. No sooner contract (Article 1654. NCC). Since there was an executive of an insurance company drove a said bodies are not patentable under Sec.when, 22 of had he driven the car outside airport willful breach of contract bythe the lessor, the company vehicle to a favorite Videoke bar the IPC. due to he his negligence, he bumped an FX taxi lessee is entitled to drinks moral damages under where had some and sang some owned andfriends driven by Victor, causing damage Article with 3220, NCC. to She is also entitled actual songs "unwind". At 2:00to a.m., he to the home, latter amount of he P100,000.00. damages, e. in g.the loss of so, income, medical drove but in doing bumped a b) Yes, based on contract and/or on tort. The Victor filed an action forshe damages against expenses, etc., which can prove atboth the tricycle, resulting in the death of its driver. May lessor willfully breached his obligations under Silvestre and Avis, basedbe on held quasi-delict. Avis trial.insurance the company liable for the Article 1654. NCC, hence, he is liable for SUGGESTED ANSWER: filed a motion to dismiss the complaint against negligent act of Alberto? Why? SUGGESTED ANSWER: The company is to not liable because breach of ground contract. such breach, the lessee it on insurance the of For failure state a cause of The to dismiss should be granted, AVIS when the accident occurred, Alberto not may motion recover moral under Art. was 2220 of action. Resolve the damages motion. (3%) is not the employer Silvestre; hence, there is acting within the ofassigned tasksshe of may his the NCC, and actual damages that no right of action against AVIS under Article employment. have suffered on account thereof. And since 2180 of the Civil Not being the employer, It is conduct true that under Art. 2180 (par. 5), the of Code. the lessor was contrary to AVIS hashe noare duty to supervise Silvestre. employers liable for held damages by morals, may also be liable caused for Neither quasihas AVIS the duty to observe due diligence in their employees who were acting within the delict. The lessee may recover moral damages the selection of its customers. Besides, it was scope of their assigned tasks. However, the under Article 2219 (10) in relation to Article 21, given inactual the problem that the cause of the mere fact that Alberto was using a service and all damages which she may have ALTERNATIVE ANSWER: c) Yes, of the action should prosper forof both accident was the negligence Silvestre. vehicle the employer atof the time the suffered by reason of such conduct under The motion should be denied. Under the Public actual and moral damages. In fact, even injurious accident does not necessarily mean Articles 20 and Service 9, Law, the 21. registered owner fees of a can public exemplary damages and the attorney's be that he was operating vehicle within the utility is liable for the damages suffered by claimed by Rosa, on the authority of Magbanua scope of his employment. In Castilex Industrial third persons through the considering use of such public vs. IAC SCRA 328), SCRA393 that, as Corp. v. (137 Vasquez Jr (321 [1999]) . the utility. Hence, the cause of action is based in given, the lessor's willful and illegal act of Supreme Court held that notwithstanding the law, the Public Service Law. disconnecting the water and electric services fact that the employee did some overtime work INTELLECTUAL PROPERTY resulted in Rosa's suffering a nervous for the company, the former was, nevertheless, 2:00 a. m.) Art. was 20 outside normal working breakdown. NCC and Art, 21, out NCC engaged in his own affairs or carrying a ALTERNATIVE ANSWER:Mismanagement Quasi-Delict; of hours. authorize the award of damages for such willful Intellectual personal purpose when he went to a restaurant The insurance company is liable if Alberto was Depositors Account (2006) for work related and illegal conduct. Creation Dr. ALX is (2004) a scientist honored at 2:00 a.m. after coming out from The negligent in the operation of the carwork. and Tony bought a Ford Expedition a the car to the human genome project. from Among his time of the accident (also car wasin assigned to him for As the benefit ofTony the dealer Muntinlupa City. payment, pioneering efforts concern stem cell research insurance company, and even though was issued check drawn against his he current for the a cure of Alzheimers disease. Under not within the scope of his assigned tasks account with Premium Bank. Since develop he has a a corporate sponsorship, he helped when the accident happened. In onehim case good reputation, the car dealer allowed to microbe that ate and digested oil spills in the decided by the Supreme Court, where immediately home the for vehicle merely an on Now a college team cancer sea. he leadsdrive executive of a pharmaceutical company was his assurance that his check is sufficiently research in MSS State. The team has given the useon of company car, and after funded. When the car dealer deposited the experimented aa mouse whose body cells office hours, the executive made personal use check, it was dishonored on the ground replicate and bear cancerous tumor. Called of of the carClosed." andit met accident, the employer "Account an investigation, it was oncomouse, is After a an life-form useful for medical was also made liable under Art. 2180 of found that an employee of the bank misplaced research and it is a novel creation. Its body the Civil Code for the injury caused by the Tony's account ledger. the bank cells do not naturally occur inThus, nature but are negligent operation of the car by erroneously that his account no the product ofassumed mans intellect, industry and the executive, on the ground that the car which longer exists. Later there it turned out that Tony's ingenuity. However, is a doubt whether caused the more injury was assigned to cover the account has than sufficient funds to local property laws and ethics would allow Quasi-Delict executive by the employer for the prestige of the check. The dealer however, immediately rights of exclusive ownership on any life-form. Vicarious SUGGESTED ANSWER: (2005) Under the law on quasi-delict, aside from the the company. The insurance company was filed an action for recovery of possession of the Yes, Tony needs may file an action against Premium Bank for in Dr. ALX your advice: (1) whether the Liability (2002) Explain the concept of vicarious liability persons who caused injury to persons, who held liable even though the employee not damages under Art. Tony 2176. Even if there exists a was vehicle against for which he was terribly reciprocity principle in private international law quasi-delicts. (1%) else are liable under thescope following contractual relationship between Tony and Premium Bank,a performing within the of his assigned humiliated and embarrassed. Does Tony have SUGGESTED ANSWER: could be applied in our jurisdiction; and (2) circumstances: an action tasks when the accident happened [Valenzuela cause of there action against Bank? Explain. whether are legal Premium and ethical reasons that v. CA, 253 SCRA 3O3 (1996)]. (5%) could frustrate his claim of exclusive ownership over the life-form

Court renders him? has a consistently personplaying liable ruled for that thehis the negligence act that of Supreme advice to playmate while with father's SUGGESTED ANSWER: breaks others the for contract whose acts may also or omission be a tort. the There law is (5%) Explain. rifle. (2%) The (1) The parents reciprocity of the 7-year principle old in boy private who caused a fiduciary makes him relationship responsible between on the theory the bank that and they injury international to his playmate law mayand are be applied liable diligence under in our Article the under are depositor, his control imposing utmost supervision. in 219 jurisdiction. of the Family Section Code, 3 of in R.A. relation 8293, to the Article Vicarious managing the accounts of the depositor. The 2180 Intellectual ofemployed the Property Civil Code Code, since provides theyaffected exercise for of Liability (2004) OJ was as professional driver MM dishonor of the check adversely the parental reciprocity, authority as follows: over "Any the person person of who theis boy. a G.R. No. L-24932, 27, 1968; American Transit bus owned by Mr. BT. In he the course ofto credit standing of June Tony, hence, is entitled Express International, Inc. v.who IAC, G.R. No. (Tamargo v.who Court of G.R. No. 85044, national, or domiciled, or has aseriously real and his work, OJ hit ais pedestrian was damages (Singson v. Appeals, BPI, 72383, 9, 1988; Consolidated June 3, November 1992; Elcano v. Hill, G.R. No. L-24803, effective industrial establishment in a country injured and later died in the hospital as aBank result 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 of the accident. The victims heirs sued the 9,1998). for a lower price with a fish vendor in the agreement relating to intellectual property driver and the owner of the bus for damages. Vicarious course of buying foodstuffs for her rights ora the repressionin ofthis unfair competition, to Is there presumption case that Mr.by BT, Liability (1991) Romano was bumpedslaps by a minivan owned employer's family, fish vendor, which the Philippines is alsothe a party, or extends the owner, had been negligent? If so, is the the Solomon School of Practical Arts (SSPA). causing her to fall and sustain SUGGESTED ANSWER: reciprocal rights to nationals of theinjuries. Philippines presumption absolute orby not? Explain. (5%) SUGGESTED ANSWER: The minivan was driven Peter, a student Yes, there is a presumption of negligence on Explain. (2%) by law, shall be entitled to benefits to the Employer of the domestic helper who slapped a assistant whose assignment was to clean the the part of the employer. However, such extent necessary to give effect to any provision fish vendor. Under Article 2180, par. 5 of the school passageways daily one hour before and presumption is rebuttable. The liabilitylaw, of the of such convention, treaty or reciprocal in Civil Code, "employers shall be liable for the one hour after regular classes, in exchange for employer shall cease when they prove addition to the rights to which any owner ofthat an damages caused by their employees and free tuition. Peter able to drive thefather school they observed thewas diligence of a good of intellectual property right within is otherwise entitled household helpers acting the scope of vehicle after persuading the regular driver, a family to prevent damage (Article 2180, Civil by this Act. (n)" To illustrate: the Philippines their tasks, though former When the employee causes damage due to his Paul, assigned to turn over theeven wheel to himthe (Peter). Code). may refrain from imposing a requirement of are not engaged in any business or industry." own negligence while performing own duties, Romano suffered serious physical his injuries. The local incorporation or establishment of a local c) A carpenter a company there arises the in juris tantum presumption accident happened atconstruction night when only one that domicile for the protection of industrial property accidentally hits the right foot of his co- by ALTERNATIVE ANSWER: the employer isvehicle negligent, rebuttable only headlight of the was functioning and rights of foreign nationals (citizens of Canada, worker with a hammer. Explain. (2%) Reciprocity principle cannot be applied in our proof of observance of the diligence of As a good Peter only had a student driver's permit. a SUGGESTED ANSWER: Switzerland, U.S.) if the countries of said foreign jurisdiction because the Philippines is a party father of a family (Metro Manila Transit v. CA, consequence, Peter was convicted in the The owner of the construction company. Article prosper? b) Will your be the same if, v, nationals refrain fromanswer imposing said to the TRIPS agreement and the WTO. The 223 SCRA 521 [1993]; Delsan Transport Lines criminal case. Thereafter, Romano sued for 2180, paragraph 4 states that "the owners and Paul, the regular requirement on Filipino citizens. principle involved is412 theand most-favored nation C&tA Construction, SCRA 524 2003). damages against Peter SSPA. a) Will theare managers of an establishment orand enterprise driver, impleaded as of party defendant for Likewise, ifwas the driver is charged convicted clause which is the principle nonaction for damages against Peter and SSPA likewise responsible for damages caused by to drive the minivan without ato regular allowing in aPeter criminal case for criminal negligence, BT is discrimination. The protection afforded their employees the service ofdiligence the branches license. c) Is the in exercise of due in driver's subsidiarily liable for the damages arising from intellectual property protection in the in which the act. latter are employed or on the selection and the criminal Philippines also applies to other members of occasion of their functions." Vicarious Peter and Paul a material issue to be the supervision WTO. Thus, of it is not really reciprocity d) A 15-year old high school student stabs resolved in this case? Liability (2006) Arturo sold his Pajero to Benjamin for P1 Million. principle in private international law that his classmate who is his rival for a girl SUGGESTED ANSWER: (2) There is no legal reason why "oncomouse" Benjamin took the vehicle but did not register the applies, but the most-favored nation clause A. Yes. It will prosper (Art, 2180) because at the while they were going out of the classroom cannot sale with be protected the Land under Transportation the law. Among Office. He under public international law. time he drove the vehicle, he was not after their last class. (2%) allowed his son Carlos, aExplain. minor who did are not have those excluded from patent protection SUGGESTED ANSWER: performing his assigned tasks as provided for de a driver's license, drive the car to essentially buy "plant varieties or to animal breeds, or The school, teacher and administrator as pan they by Art. 2180. With respect to SSPA, it is plants not in a sal in a bakery. On the way, Carlos driving biological process for the production of exercise special parental authority. (Art. 2180, liable for the acts of Peter because the latter reckless sideswiped Dennis, then riding a and (Section 22.4 Property par. animals" 7 in manner, relation to Art. 218Intellectual and Art. 219 of the was not an employee as held by Supreme Court bicycle. As No. a result, he suffered serious physical Code, R.A. 8293). The "oncomouse" in the Family Code) in Filamer Christian Institute vs. CA. (190 SCRA injuries. Dennis filed a criminal complaint against problem is not an essentially biological process e) What defense, if any, is available to them? 485). Peter belongs to a special category of 1. Can Dennis file an independent civil action Carlos for reckless imprudence resulting in for the production of animals. It is a real SUGGESTED ANSWER: (2%) against Carlos and his father Benjamin for students who render service to the school in serious physical injuries. The defense that might be available to them is invention because its body cells do not B. I would for maintain the same answer because damages based on quasi-delict? Explain. exchange free tuition fees. the observance of a good father of the family to naturally occur in nature but are the product SUGGESTED ANSWER: Yes,while Dennis can file of an the incident did not occur the employee (2,5%) The breeding of oncomouse has novelty, prevent the damage. (Last par., Art. 2180, Civil man's ingenuity, intellect against and industry. independent civil Carlos and his was in thestep performance of his duty as such inventive andaction industrial application. These Code) father for damages based on quasi-delict there employee. The incident occurred at night time, are the three requisites of patentability. (Sec. Quasi-Delict; Acts contrary to being an act or there omission causing damage and in any case, was no indication in theto 29, IPC) morals (1996) Rosa was leasing an apartment in the city. another without contractual obligation. Under problem that he was reasons performing duties as a There are no ethical whyhis Dr. ADX and Because of the Rent Control Law, her landlord C. In the case of Peter, if he were to be Section 1 of Rule 111 of the 2000 Rules driver. his college team cannot be given exclusive could not increase the rental as much as he on considered as employee, the of due Criminal Procedure, is exercise deemed instituted ownership over their what invention. Theas use of such wanted to, nor terminate her lease long as diligence in the selection and supervision of to with the criminal action is only the action genetically modified mouse, useful for cancer she was paying her rent. In order to force her to peter would not be a considerations material issue since the or recover liability arising from the act research, outweighs for animal leave thecivil premises, the landlord stopped conviction of Peter would result in a subsidiary omission punished by law. An action based rights. making repairs on the apartment, and causedon liability where the defense would not be There are nois legal and ethical reasons that and quasi-delict no longer deemed instituted the water and electricity to be In the case of Paul, since services the basis of available by the employer. would frustrate Dr. ALX's claim of exclusive may be filed separately [Section 3, Rule 111, disconnected. The difficulty of living without 2. Assuming Dennis' action is tenable, subsidiary liability is the pater familias rule can ownership over "oncomouse". Animals are Rules of Criminal Procedure]. electricity and running water resulted in Rosa's Benjamin raise the defense defense he is not under Art. 2180, the of that selection and property capable of being appropriated and suffering a nervous breakdown. She sued the liable because the vehicle is not registered in supervision of the employee be or a valid owned'. In Explain. fact, one can own would pet dogs cats, SUGGESTED ANSWER: his name? (2.5%) landlord for actual and moral damages. Will the ALTERNATIVE ANSWER: defense. or any other animal. If wild animals are action prosper? Explain. capable of being owned, with more reason animals technologically enhanced or corrupted