MANALO, MARIA ANNA S.EXERCISE 2STATUTES7.) The rightful owner of the fruits is Voldemort because the tree where the said fruits are attached to, is located in his property. As provided for in Article 440 and 441 of Republic Act No. 386, also known as the Civil Code of the Philippines, which states that: Article 440. The ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially.

Article 441. To the owner belongs: (1) The natural fruits(2) The industrial fruits(3) The civil fruits

Yes, Voldemort can lawfully cut down the mango tree. Since he is the rightful owner of the tree, Article 428 of the same code provides that:Article 428. The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law.

16.) Reserva troncal may be defined as, according to Article 891 of the New Civil Code, the ascendant who inherits from his descendant any property which the latter may have acquired by gratuitous title from another ascendant, or a brother or sister, is obliged to reserve such property as he may have acquired by operation of law for the benefit of relatives who are within the third degree and who belong to the line from which said property came.

18.) No, such promissory note must be signed by the maker. As provided in Section 184, XVI of Act. 2031, also known as The Negotiable Instruments Law, which states that: Promissory note, defined. - A negotiable promissory note within the meaning of this Act is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand, or at a fixed or determinable future time, a sum certain in money to order or to bearer. Where a note is drawn to the maker's own order, it is not complete until indorsed by him.

19.) Yes, the discrimination of Nicole because of her sex is objectionable and against the law. As provided in Article 135, Chapter 1, Title 3 of the Labor Code of the Philippines, provides that:Discrimination prohibited. It shall be unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex.The following are acts of discrimination:1.) Payment of a lesser compensation, including wage, salary or other form of remuneration and fringe benefits, to female employees as against a male employee, for work of equal value; and2.) Favoring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sexes.Criminal liability for the willful commission of any unlawful act as provided in this Article or any violation of the rules and regulations issued pursuant to Section 2 hereof shall be penalized as provided in Articles 288 and 289 of this Code: Provided, That the institution of any criminal action under this provision shall not bar the aggrieved employee from filing an entirely separate and distinct action for money claims, which may include claims for damages and other affirmative reliefs. The actions hereby authorized shall proceed independently of each other. (As amended by Republic Act No. 6725, May 12, 1989)

20.) The following are legal maxims that can be found, or has an equivalent in Republic Act No. 386, also known as the New Civil Code of the Philippines: Contra Bonos Mores Against good morals; Article 21. Any person who wilfully causes loss or injury to another in manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage. Cujus est dare, ejus est disponere He who has a right to give has the right to dispose of the gift; Article 735. All persons who may contract and dispose of their property may make a donation. Debita sequuntur personam debitoria Debts follow the person of the debtor; Article 2236. The debtor is liable with all his property, present and future, for the fulfillment of his obligations, subject to the exemptions provided by law. Duo non possunt in solido unam rem possidere Two cannot possess one thing each in entirety; Article 485. The share of the co-owners, in the benefits as well as in the charges, shall be proportional to their respective interests. Any stipulation in a contract to the contrary shall be void. The portions belonging to the co-owners in the co-ownership shall be presumed equal, unless the contrary is proved. Furor contrahi matrimonium non sinit, quia consensus opus est. Insanity prevents marriage from being contracted because consent is needed; Art. 2. No marriage shall be valid, unless these essential requisites are present: (2) Consent freely given in the presence of the solemnizing officer. And Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage: (2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;

21.) The Unified Vehicular Volume Reduction Program (UVVRP) or number coding scheme was first implemented in 1996 through the MMDA Regulation No. 96-005, which provides that:NOW THEREFORE, pursuant to Sec. 6 of Republic Act No. 7924, the Metro Manila Council, MMDA, hereby adopts and promulgates a unified vehicular volume reduction program regulating the operation of certain motor vehicles on all national, city and municipal roads in Metropolitan Manila and repealing MMDA Regulation Nos. 95- 001 and 96-004.

Section 1 Motor vehicles including tricycles and motorcycles, both public and private with license plate ending as shown in the succeeding paragraph hereof shall be prohibited from operating in all national, city and municipal roads of Metropolitan Manila, during the corresponding days of the week herein indicated, from 7:00 a.m. to 7:00 p.m

PLATE ENDING NO. DAYS OF THE WEEK 1 and 2 Mondays 3 and 4 Tuesdays 5 and 6 Wednesdays 7 and 8 Thursdays 9 and 0 Fridays

22.) Section 4, Rule 114 of the Rules of Court provides that a bail is a matter of right when,All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on recognize as prescribed by law or this Rule (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment. (4a)

While Section 5 of the same provides that bail is a matter of discretion when: Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary. The application for bail may be filed and acted upon by the trial court despite the filing of a notice of appeal, provided it has not transmitted the original record to the appellate court. However, if the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed with and resolved by the appellate court.Should the court grant the application, the accused may be allowed to continue on provisional liberty during the pendency of the appeal under the same bail subject to the consent of the bondsman.If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused shall be denied bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the accused, of the following or other similar circumstances:(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteration;(b) That he has previously escaped from legal confinement, evaded sentence, or violated the conditions of his bail without a valid justification;(c) That he committed the offense while under probation, parole, or conditional pardon;(d) That the circumstances of his case indicate the probability of flight if released on bail; or(e) That there is undue risk that he may commit another crime during the pendency of the appeal.The appellate court may, motu proprio or on motion of any party, review the resolution of the Regional Trial Court after notice to the adverse party in either case.

23.) Pure Bull, Inc. must pay real property tax in the city where it is situated, that is, where it is registered, which can be be determined through its Certificate of Title. According to Section 201, Chapter 2, Title 3 of Republic Act No. 7160, also known as the Local Government Code of 1991:Appraisal of Real Property. - All real property, whether taxable or exempt, shall be appraised at the current and fair market value prevailing in the locality where the property is situated. The Department of Finance shall promulgate the necessary rules and regulations for the classification, appraisal, and assessment of real property pursuant to the provisions of this Code.

24.) Cedric Diggory may file a petition for certiorari and prohibition for the validity of Republic Act No. 15791. As provided in Sections 1 and 2 in Rule 65 of the Rules of Court, which provides that:Section 1. Petition for certiorari. When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal, board or officer, and granting such incidental reliefs as law and justice may require.The petition shall be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-forum shopping as provided in the third paragraph of section 3, Rule 46. (1a)

Section 2. Petition for prohibition. When the proceedings of any tribunal, corporation, board, officer or person, whether exercising judicial, quasi-judicial or ministerial functions, are without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered commanding the respondent to desist from further proceedings in the action or matter specified therein, or otherwise granting such incidental reliefs as law and justice may require.The petition shall likewise be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-forum shopping as provided in the third paragraph of section 3, Rule 46. (2a)

Furthermore, a plebiscite must first be conducted before a local government unit may be created or divided. As provided in Section 10, Chapter 2, Title 1 of Republic Act No. 7160, also known as the Local Government Code of 1991, which provides that:Plebiscite Requirement. - No creation, division, merger, abolition, or substantial alteration of boundaries of local government units shall take effect unless approved by a majority of the votes cast in a plebiscite called for the purpose in the political unit or units directly affected. Said plebiscite shall be conducted by the Commission on Elections (COMELEC) within one hundred twenty (120) days from the date of effectivity of the law or ordinance effecting such action, unless said law or ordinance fixes another date.

25. ) Yes, the City of Pateros receives funding from the national government. As stated in Title III, Chapter 1, Section 284 of Republic Act No. 7160, also known as the Local Government Code of 1991, that:Allotment of Internal Revenue Taxes. Local government units shall have a share in the national internal revenue taxes based on the collection of the third fiscal year preceding the current fiscal year as follows:(a) On the first year of the effectivity of this Code, thirty percent (30%);(b) On the second year, thirty-five percent (35%); and(c) On the third year and thereafter, forty percent (40%).

Provided, That in the event that the national government incurs an unmanageable public sector deficit, the President of the Philippines is hereby authorized, upon the recommendation of Secretary of Finance, Secretary of Interior and Local Government and Secretary of Budget and Management, and subject to consultation with the presiding officers of both Houses of Congress and the presidents of the "liga", to make the necessary adjustments in the internal revenue allotment of local government units but in no case shall the allotment be less than thirty percent (30%) of the collection of national internal revenue taxes of the third fiscal year preceding the current fiscal year: Provided, further, That in the first year of the effectivity of this Code, the local government units shall, in addition to the thirty percent (30%) internal revenue allotment which shall include the cost of devolved functions for essential public services, be entitled to receive the amount equivalent to the cost of devolved personal services.

- 6 -