tirol.2011 2015.bar.questions

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2015 BAR EXAMS

I.Alden and Stela were both former Filipino citizens. They were married in thePhilippines but they later migrated to the United States where they were

naturalized as American citizens. In their union they were able to accumulateseveral real properties both in the US and in the Philippines. Unfortunatelythey were not blessed with children. In the US they e!ecuted a "oint willinstituting as their common heirs to divide their combined estate in e#ualshares the $ve siblings of Alden and the seven siblings of Stela. Aldenpassed away in %&'( and a year later Stela also died. The siblings of Aldenwho were all citizens of the US instituted probate proceedings in a US courtimpleading the siblings of Stela who were all in the Philippines.

a) *as the "oint will e!ecuted by Alden and Stela who were both formerFilipinos valid+ ,!plain with legal basis. -()

SUGGESTED ANSWER:

Yes because they ae a!ea"y A#e$ca%s at the t$#e &' the e(ecut$&%&' the )&$%t *$!!.

At$c!e +1+ &' the Ne* ,$-$! ,&"e &-$"es that t*& & #&e es&%sca%%&t #a/e a *$!! )&$%t!y & $% the sa#e $%stu#e%t e$the '& the$ec$&ca! be%et & '& the be%et &' a th$" es&%. At$c!e +1 &'the sa#e c&"e states that *$!!s &h$b$te" by the ece"$%3 at$c!ee(ecute" by 4$!$$%&s $% a '&e$3% c&u%ty sha!! %&t be -a!$" $% the

h$!$$%es e-e% th&u3h auth&$6e" by the !a*s &' the c&u%ty*hee they #ay ha-e bee% e(ecute".

Th$s &h$b$t$&% $s a!$cab!e &%!y $% )&$%t *$!!s e(ecute" by 4$!$$%&s$% a '&e$3% c&u%ty $t "&es %&t a!y t& )&$%t *$!!s e(ecute" bya!$e%s.

b) /an the "oint will produce legal e0ect in the Philippines with respect to theproperties of Alden and Stela found here+ If so how+ -()

SUGGESTED ANSWER:

Yes.

U%"e At$c!e +17 &' the Ne* ,$-$! ,&"e the *$!! &' a% a!$e% *h& $sab&a" &"uces e8ect $% the h$!$$%es $' #a"e *$th the'&#a!$t$es esc$be" by the !a* &' the !ace $% *h$ch he es$"es &acc&"$%3 t& the '&#a!$t$es &bse-e" $% h$s c&u%ty & $%c&%'&#$ty *$th th&se *h$ch th$s c&"e esc$bes.



The sa#e a!$es t& the case at ba. 9ee the )&$%t *$!! &' A!"e% a%"Ste!a &"uces e8ect $% the h$!$$%es $' #a"e *$th the '&#a!$t$esesc$be" by the !a* &' the US & $% c&%'&#$ty *$th h$!$$%e!a*s. The )&$%t #ust be a"#$tte" '& &bate $% &"e t& 3$-e e8ect

'& th&se testa#e%tay &-$s$&%s that a8ects &ety *$th$%h$!$$%es.

c) Is the situation presented in Item I an e!ample of d1pecage+ -%)

SUGGESTED ANSWER:

N&. It $s %&t a% e(a#!e &' "eca3e. The &bate &cee"$%3s *ee

$%st$tute" $% a US ,&ut a!be$t the s$b!$%3s &' Ste!a *ee a!! $% theh$!$$%es the N,, &-$"es that the caac$ty t& succee" $s3&-e%e" by the !a* &' the %at$&% &' the "ece"e%t ;Ste!a<. I% th$scase US =a* $s a!$cab!e. Thee'&e %& h$!$$%e =a* $s $%-&!-e"$% the a'&e#e%t$&%e" s$tuat$&%.

-2ote3 De>a3e refers to a concept in the con4ict of laws whereby di0erentissues within a particular case may be governed by the laws of di0erentstates. In common law countries d1pe5age is usually used to refer to a singlecontract which provides that di0erent parts of the contract shall be governedby di0erent laws.)

II.

6arco and 7ina were married in '898. Ten years later or in '888 7ina left

6arco and lived with another man leaving their two children of school age

with 6arco. *hen 6arco needed money for their children:s education he sold

a parcel of land registered in his name without 7ina:s consent which he

purchased before his marriage. Is the sale by 6arco valid void or voidable+

,!plain with legal basis. -;)

SUGGESTED ANSWER:

?&$" u%"e At. 7 The a"#$%$stat$&% a%" e%)&y#e%t &' thec&##u%$ty &ety sha!! be!&%3 t& b&th s&uses )&$%t!y. I% case &'"$sa3ee#e%t the husba%"@s "ec$s$&% sha!! e-a$! sub)ect t&ec&use t& the c&ut by the *$'e '& &e e#e"y *h$ch #ust bea-a$!e" &' *$th$% -e yeas '&# the "ate &' the c&%tact



$#!e#e%t$%3 such "ec$s$&%.

9ee the c&%se%t &' G$%a $s %ee"e" be'&e Mac& c&u!" -a!$"!y se!! aace! &' !a%". The &ety $s esu#e" t& be at &' the abs&!utec&##u%$ty &ety e3$#e s$%ce they ae #a$e" a'te the

e8ect$-$ty &' the 4a#$!y ,&"e. S$%ce the sa!e *as #a"e *$th&ut suchc&%se%t $t $s -&$".

I% the e-e%t that &%e s&use $s $%caac$tate" & &the*$se u%ab!e t&at$c$ate $% the a"#$%$stat$&% &' the c&##&% &et$es the&the s&use #ay assu#e s&!e &*es &' a"#$%$stat$&%. These&*es "& %&t $%c!u"e "$s&s$t$&% & e%cu#ba%ce *$th&ut auth&$ty&' the c&ut & the *$tte% c&%se%t &' the &the s&use. I% theabse%ce &' such auth&$ty & c&%se%t the "$s&s$t$&% &e%cu#ba%ce sha!! be -&$".

9&*e-e the ta%sact$&% sha!! be c&%stue" as a c&%t$%u$%3 &8e &%the at &' the c&%se%t$%3 s&use a%" the th$" es&% a%" #ay bee'ecte" as a b$%"$%3 c&%tact u&% the acceta%ce by the &thes&use & auth&$6at$&% by the c&ut be'&e the &8e $s *$th"a*%by e$the & b&th &8e&s.

III.

<ulie had a relationship with a married man who had legitimate children. A

son was born out of that illicit relationship in '89'. Although the putativefather did not recognize the child in his certi$cate of birth he neverthelessprovided the child with all the support he needed and spent time regularlywith the child and his mother. *hen the man died in %&&& the child wasalready '9 years old so he $led a petition to be recognized as an illegitimatechild of the putative father and sought to be given a share in his putativefather:s estate. The legitimate family opposed saying that under the Family/ode his action cannot prosper because he did not bring the action forrecognition during the lifetime of his putative father.

a) If you were the "udge in this case how would you rule+ -;)

b) *ishing to =eep the peace the child during the pendency of thecase decides to compromise with his putative father:s family byabandoning his petition in e!change for '>% of what he would havereceived as inheritance if he were recognized as an illegitimate child.As the "udge would you approve such a compromise+ -%)

SUGGESTED ANSWERS:



a< I *$!! "e%y the et$t$&% &' the $!!e3$t$#ate ch$!".

U%"e At 15 a 2 &' the 4a#$!y ,&"e $t says that the act$&%

t& estab!$sh !$at$&%s &' a% $!!e3$t$#ate ch$!" #ust be b&u3ht

*$th$% the sa#e e$&" sec$e" $% At 1 e(cet *he% the

act$&% $s base" &% the sec&%" aa3ah &' At 12 $% *h$chcase the act$&% #ust be b&u3ht "u$%3 the !$'et$#e &' the

a!!e3e" ae%t.

I% the case at ba the utat$-e 'athe "$" %&t ac/%&*!e"3e the

ch$!" as h$s $% the ec&" &' b$th. 9e &%!y &-$"e" the ch$!"

*$th a!! the su&t he %ee"e" a%" se%t t$#e e3u!a!y *$th

the ch$!" a%" h$s #&the but %e-e s$3%e" a%y "&cu#e%t t&

&-e !$at$&%.

b< Yes. U%"e At$c!e 202+ &' the ,$-$! ,&"e a c&#&#$se $s ac&%tact *heeby the at$es by #a/$%3 ec$&ca!c&%cess$&%s a-&$" a !$t$3at$&% & ut a% e%" t& &%e a!ea"yc&##e%ce". Acc&"$%3!y a c&#&#$se $s e$the )u"$c$a! $' the&b)ect$-e $s t& ut a% e%" t& a e%"$%3 !$t$3at$&% &e(ta)u"$c$a! $' the &b)ect$-e $s t& a-&$" a !$t$3at$&%.

As a c&%tact a c&#&#$se $s e'ecte" by #utua! c&%se%t.9&*e-e a )u"$c$a! c&#&#$se *h$!e $##e"$ate!y b$%"$%3bet*ee% the at$es u&% $ts e(ecut$&% $s %&t e(ecut&y u%t$!

$t $s a&-e" by the c&ut a%" e"uce" t& a )u"3#e%t.15 The-a!$"$ty &' a c&#&#$se $s "ee%"e%t u&% $ts c&#!$a%ce*$th the eCu$s$tes a%" $%c$!es &' c&%tacts "$ctate" by !a*.A!s& the te#s a%" c&%"$t$&%s &' a c&#&#$se #ust %&t bec&%tay t& !a* #&a!s 3&&" cust&#s ub!$c &!$cy a%" ub!$c&"e.

Source ? @and an= of the Philippines vs. Beirs of Spouses <or"a Cigor?Soriano

I?.

ert and <oe. both male and single. lived together as common law spousesand agreed to raise a son of ert:s living brother as their child without legallyadopting him. ert wor=ed while <oe too= care of their home and the boy. Intheir %& years of cohabitation they were able to ac#uire real estate assetsregistered in their names as co ?owners. Unfortunately. ert died of cardiac



arrest. leaving no will. ert was survived by his biological siblings. <oe. andthe boy.

a) /an Article ';D on co ?ownership apply to ert and <oe. whereby allproperties they ac#uired will be presumed to have been ac#uired by their

"oint industry and shall be owned by them in e#ual shares+ -%)

b) *hat are the successional rights of the boy ert and <oe raised as theirson+ -%)

c) If ert and <oe had decided in the early years of their cohabitation to "ointly adopt the boy. would they have been legally allowed to do so+,!plain with legal basis. -()

SUGGESTED ANSWERS:

a. N&. At$c!e 1+ a!$es %&t at 1. Thee *as c!ea!y a !e3a!$#e"$#e%t c&%s$"e$%3 that b&th *ee #a!e a%" ca%%&t-a!$"!y 3et #a$e".

I% cases &' c&hab$tat$&% %&t 'a!!$%3 u%"e At$c!e 1 &%!y the&et$es acCu$e" by b&th &' the at$es th&u3h the$ actua!

)&$%t c&%t$but$&% &' #&%ey &ety & $%"usty sha!! be&*%e" by the# $% c&##&% $% &&t$&% t& the$ esect$-ec&%t$but$&%s.

I% the abse%ce &' &&' t& the c&%tay the$ c&%t$but$&%s a%"

c&es&%"$%3 shaes ae esu#e" t& be eCua!. The sa#e u!ea%" esu#t$&% sha!! a!y t& )&$%t "e&s$ts &' #&%ey a%"e-$"e%ces &' ce"$t.

b. Bet "$e" $%testate a%" *as su-$-e" by h$s b$&!&3$ca! s$b!$%3s.s$%ce the b&y $s actua!!y Bet@s %ehe* he has a $3ht t&eese%tat$&% *$th e3a" t& h$s b$&!&3$ca! 'athe@s shae $%case h$s b$&!&3$ca! 'athe "$es & &the*$se bec&#es$%caac$tate" t& $%he$t e%"$%3 the $%testate &cee"$%3 a%"u%t$! such t$#e Bet@s estate has bee% %a!!y at$t$&%e"a#&%3 h$s su-$-$%3 s$b!$%3he$s.

At$c!e 70. =e3a! & $%testate success$&% ta/es !ace:

;1< I' a es&% "$es *$th&ut a *$!! & *$th a -&$" *$!! & &%e*h$ch has subseCue%t!y !&st $ts -a!$"$tyF

At$c!e 72. I% e-ey $%he$ta%ce the e!at$-e %eaest $%"e3ee e(c!u"es the #&e "$sta%t &%es sa-$%3 the $3ht



&' eese%tat$&% *he% $t &e!y ta/es !ace.

At$c!e 0. Reese%tat$&% $s a $3ht ceate" by ct$&% &' !a* by -$tue &' *h$ch the eese%tat$-e $s a$se" t& the!ace a%" the "e3ee &' the es&% eese%te" a%"

acCu$es the $3hts *h$ch the !atte *&u!" ha-e $' he *ee!$-$%3 & $' he c&u!" ha-e $%he$te".

c. N&. At$c!e 7 &' the 4a#$!y ,&"e &-$"es that &%!y thehusba%" a%" *$'e #ay )&$%t!y a"&t. ae%ta! auth&$ty sha!!$% such case be e(ec$se" as $' the ch$!" *ee the$ &*% by%atue.

?.

6rs. @ was married to a ship captain who wor=ed for an international maritimevessel. For her and her family:s support she would claim monthly allotments fromher husband:s company. Ene day while en route from Bong ong to 6anila thevessel manned by /aptain @ encountered a severe typhoon at sea. The captain wasable to send radio messages of distress to the head oGce until all communicationswere lost. In the wee=s that followed the search operations yielded debris of thelost ship but the bodies of the crew and the passengers were not recovered. Theinsurance company thereafter paid out the death bene$ts to all the heirs of thepassengers and crew. 6rs. @ $led a complaint demanding that her monthlyallotments continue for the ne!t four years until her husband may be legallypresumed dead because of his absence. If you were the magistrate how would you

rule+

SUGGESTED ANSWER:

I *&u!" u!e $% a3a$%st Ms. =.

At. 1 &' the ,$-$! ,&"e &-$"es the '&!!&*$%3 sha!! be esu#e" "ea"'& a!! u&ses $%c!u"$%3 the "$-$s$&% &' the estate a#&%3 the he$s: ;1< Aes&% &% b&a" a -esse! !&st "u$%3 a sea -&ya3e & a% ae&!a%e *h$ch$s #$ss$%3 *h& has %&t bee% hea" &' '& '&u yeas s$%ce the !&ss &' the-esse! & ae&!a%e.

I% abse%ce "ue t& e(ta&"$%ay causes the esu#t$&% &' "eathet&acts t& the "ate &' "$saeaa%ce. I% the ese%t case thee'&e Ms= $s %&t e%t$t!e" t& he #&%th!y a!!&t#e%ts.

?I.



ardo met 7lenda as a young lieutenant and after a whirlwind courtshipthey were married. In the early part of his military career ardo wasassigned to di0erent places all over the country but refused to accompanyhim as she preferred to live in her hometown. They did not live together untilthe '%th year of their mirage when ardo had risen up the ran=s and was

given his own command. They moved to living #uarters in Fort 7regorio. Eneday while ardo was away on oGcial business of his military aides caught7lenda having se! with the corporal assigned as ardoHs driver. The aideimmediately reported the matter to ardo who rushed home to confront hiswife. 7lenda readily admitted the a0air and ardo sent her away in anger.ardo would later come to =now the true e!tent of 7lendaHs unfaithfulnessfrom his aides his household sta0 and former neighbors who informed himthat 7lenda has had intimate relations with various men throughout theirmarriage whenever ardo was away on assignment.

ardo $led a petition for declaration of nullity of marriage under Article (.

ased on interviews from ardo his aide and the house=eeper apsychologist testi$es that 7lendaHs habitual in$delity was due to heraJiction with Bistrionic Personality Kisorder an illness characterized bye!cessive emotionalism and uncontrollable attention?see=ing behaviorrooted in 7lendaHs abandonment as a child by her father. ardo himself hisaide and his house=eeper also testi$ed in court. The CT/ granted thepetition relying on the liberality espoused by Te v. Te and Azcueta v.Cepublic. Bowever the ES7 $led an appeal arguing that se!ual in$delitywas only a ground for legal separation and that the CT/ failed to abide bythe guidelines laid down in the 6olina case. Bow would you decide theappeal+

SUGGESTED ANSWER:

I *$!! "ec$"e $% 'a-& &' the SG. The 'acts &' the &b!e# 'a!!sCuae!y *$th the case &' ch&sa -. A!a%& a%" Reub!$c ;Ha%uay 272011<. I% sa$" case the ,&ut c!a$e" that $% the Te case $t "$" %&t#ea% t& "ec!ae a% aba%"&%#e%t &' the M&!$%a "&ct$%e.

The ,&ut s$#!y stesse" the %ee" t& e#has$6e &the esect$-eas *e!! *h$ch sh&u!" 3&-e% the "$s&s$t$&% &' et$t$&%s '&"ec!aat$&% &' %u!!$ty u%"e At$c!e 7. Acc&"$%3!y each case #ust

be )u"3e" %&t &% the bas$s &' a $&$ assu#t$&%s e"$!ect$&%s &3e%ea!$6at$&%s but acc&"$%3 t& $ts &*% 'acts.

I% the case at ba the t$a! c&ut 3a%te" the et$t$&% base" &% thetest$#&%y &' the sych&!&3$st as *e!! as a"& h$s a$"e a%" theh&use/eee.

Ga%t$%3 that these test$#&%$es ae ce"$b!e they ca% &%!y be



c&%-$%c$%3!y tace" t& the e$&" &' t$#e a'te G!e%"aJs #a$a3e t&a"& a%" %&t t& the $%cet$&% &' the sa$" #a$a3e. Thee $s$%a"eCuate e-$"e%ce that he K"e'ectsK *ee a!ea"y ese%t at the$%cet$&% &' & $& t& the #a$a3e.

I% &the *&"s he a!!e3e" sych&!&3$ca! $%caac$ty "$" %&t sat$s'ythe )u$su"e%t$a! eCu$s$te &' K)u$"$ca! a%tece"e%ce.K

?II

6r. and 6rs. L migrated to the US with all their children. As they had no intention of coming bac= they o0ered their house and lot for sale to their neighbors 6r. and6rs. A -the buyers) who agreed to buy the property for '%9 6illion. ecause 6r. and6rs. A needed to obtain a loan from a ban= $rst and since the sellers were in ahurry to migrate the latter told the buyers that they could already occupy the

house renovate it as it was already in a state of disrepair and pay only when theirloan is approved and released. *hile waiting for the loan approval the buyers spentPl 6illion in repairing the house. A month later a person carrying an authenticatedspecial power of attorney from the sellers demanded that the buyers eitherimmediately pay for the property in full now or vacate it and pay damages forhaving made improvements on the property without a sale having been perfected.*hat are the buyers: options or legal rights with respect to the e!penses theyincurred in improving the property under the circumstances+ -()

/an the buyers be made to immediately vacate on the ground that the sale was notperfected+ ,!plain brie4y. -()

SUGGESTED ANSWER:

a) The buyer has the following options or legal rights3

As/ '& the e'u%" &' the %ecessay e(e%ses $%cue" & e#a$% $% the&ety u%t$! e$#buse". At$c!e 57 &' the ,$-$! ,&"e &-$"esLNecessay e(e%ses sha!! be e'u%"e" t& e-ey &ssess&F but &%!y the&ssess& $% 3&&" 'a$th #ay eta$% the th$%3 u%t$! he has bee% e$#buse"thee'&.

As/ '& "a#a3es. Be$%3 a c&%se%sua! c&%tact a sa!e $s e'ecte" by b&that$es 3$-$%3 the$ c&%se%t t& the th$%3 t& be s&!" a%" the $ce t& bea$" thee'&. At$c!e 110 &-$"es LTh&se *h& $% the e'&#a%ce &' the$ &b!$3at$&%s ae 3u$!ty &' 'au" %e3!$3e%ce & "e!ay a%" th&se *h&$% a%y #a%%e c&%ta-e%e the te%& thee&' ae !$ab!e '& "a#a3es.

b< N&. It $s a e'ecte" c&%tact &' sa!e. At$c!e 15 &-$"es LThec&%tact &' sa!e $s e'ecte" at the #&#e%t thee $s a #eet$%3 &' #$%"su&% the th$%3 *h$ch $s the &b)ect &' the c&%tact a%" u&% the $ce.4&# that #&#e%t the at$es #ay ec$&ca!!y "e#a%" e'&#a%ce



sub)ect t& the &-$s$&%s &' the !a* 3&-e%$%3 the '&# &' c&%tacts.

?III

L M and N are siblings who inherited a '&?storey building from their parents.

They agreed in writing to maintain it as a co?owned property for leasing out

and to divide the net pro$ts among themselves e#ually for a period of twenty

years. E the 9th year L wanted to get out from the co?ownership so he could

get his '>( share in the property. M and N refused saying L is bound by their

agreement to =eep their ownership for %& years. Are M and N correct+ ,!plain

-()

SUGGESTED ANSWER:

N&.

U%"e At &' the N,, LN& c&&*%e sha!! be &b!$3e" t& e#a$%

$% the c&&*%esh$. Each c&&*%e #ay "e#a%" at a%y t$#e the

at$t$&% &' the th$%3 $% &*%e" $% c&##&% $% s& 'a as h$s shae $s

c&%ce%e".

Ne-ethe!ess a% a3ee#e%t t& /ee the th$%3 u%"$-$"e" '& a

ceta$% e$&" &' t$#e %&t e(cee"$%3 te% yeas sha!! be -a!$". Th$s

te# #ay be e(te%"e" by a %e* a3ee#e%t.

I% the case at ba X ca%%&t be b&u%" by the a3ee#e%t because the

a3ee#e%t e se $s $%-a!$" because $t e(cee"s te% yeas. M&e&-e

X $s %&t &b!$3e" t& e#a$% $% the c&&*%esh$. 4uthe#&e X #ay"e#a%" at a%y t$#e the at$t$&% &' the th$%3 he &*%e" $% c&##&%

$% s& 'a as h$s shae $s c&%ce%e".

IX.



<ose single donated a house and lot to his only niece 6aria who was oflegal age and who accepted the donation. The donation and 6aria:sacceptance thereof were evidenced by a Keed of Konation. 6aria then livedin the house and lot donated to her religiously paying real estate ta!esthereon. Twelve years later when <ose had already passed away a woman

claiming to be an illegitimate daughter of <ose $led a complaint against6aria. /laiming rights as an heir the woman prayed that 6aria be ordered toreconvey the house and lot to <ose:s estate. In her complaint she alleged thatthe notary public who notarized the Keed of Konation had an e!pirednotarial commission when the Keed of Konation was e!ecuted by <ose. /an6aria be made to reconvey the property+ *hat can she put up as a defense+-;)

SUGGESTED ANSWER: N. Ma$a ca%%&t be #a"e t& ec&%-ey the &ety. Ma$a ca% ut

u the '&!!&*$%3 "e'e%ces: 4$st the act$&% has a!ea"y esc$be".I% I#e$a! -s. ,&ut &' Aea!s G.R. N&. 112+ ct&be + 117 S,RA the Sue#e ,&ut he!" that "&%at$&%s thee"uct$&% &' *h$ch h$%3es u&% the a!!e3at$&% &' $#a$#e%t &'!e3$t$#e ;as $% th$s case< ae %&t c&%t&!!e" by a at$cu!aesc$t$-e e$&" '& *h$ch eas&% *e #ust es&t t& the&"$%ay u!es &' esc$t$&%.

U%"e At$c!e 11 &' the ,$-$! ,&"e act$&%s u&% a% &b!$3at$&%ceate" by !a* #ust be b&u3ht *$th$% te% yeas '&# the t$#e the$3ht &' act$&% accues. Thus the te%yea esc$t$-e e$&"

a!$es t& the &b!$3at$&% t& e"uce $%&c$&us "&%at$&%s eCu$e"u%"e At$c!e 1 &' the ,$-$! ,&"e t& the e(te%t that they $#a$the !e3$t$#e &' c&#u!s&y he$s.

Sec&%" the "&%at$&% has a!ea"y bee% e'ecte" c&#!y$%3 *$th

the !e3a! '&#a!$t$es '& the e(ecut$&% &' a "ee" &' "&%at$&% a%"&*%esh$ has a!ea"y bee% ta%s'ee" t& Ma$a. The eCu$s$tes &'a "&%at$&% ae:

1. D&%& #ust ha-e ,aac$ty t& #a/e the "&%at$&%

2. 9e #ust ha-e "&%at$-e I%te%t ;a%$#us "&%a%"$<

. Thee #ust be De!$-ey

. D&%ee #ust Accet & c&%se%t t& the "&%at$&% "u$%3 the !$'et$#e

&' the "&%& a%" &' the "&%ee $% case &' "&%at$&% $%te -$-&s ;At.

7 N,,<F *heeas $% case &' "&%at$&% #&t$s causa acceta%ce $s

#a"e a'te "&%&Js "eath because they ata/e &' a *$!! ;At. 2+



N,,<

At$c!e 25. D&%at$&% $s a% act &' !$bea!$ty *heeby a es&%"$s&ses 3atu$t&us!y &' a th$%3 & $3ht $% 'a-& &' a%&the *h&

accets $t ;,$-$! ,&"e &' the h$!$$%es<.

As c!ea!y "e%e" by the ab&-ec$te" !a* "&%at$&% $s a !e3a!!y

ec&3%$6e" act &' -&!u%ta$!y ta%s'e$%3 &*%esh$ &-e a &ety

by the &*%e t& h$s $%te%"e" ec$$e%t *h& $% tu% accets the

"&%ate" &ety.

At$c!e . I% &"e that the "&%at$&% &' a% $##&-ab!e #ay be

-a!$" $t #ust be #a"e $% a ub!$c "&cu#e%t sec$'y$%3 thee$% the

&ety "&%ate" a%" the -a!ue &' the cha3es *h$ch the "&%ee

#ust sat$s'y.

The acceta%ce #ay be #a"e $% the sa#e "ee" &' "&%at$&% & $% a

seaate ub!$c "&cu#e%t but $t sha!! %&t ta/e e8ect u%!ess $t $s"&%e "u$%3 the !$'et$#e &' the "&%&.

I% &the *&"s '& thee t& be a -a!$" "&%at$&% the !a* eCu$es

that a "ee" &' "&%at$&% be e(ecute" $% a ub!$c "&cu#e%t $%"$cat$%3

the "eta$!s &' the &ety t& be "&%ate" a%" the c&%"$t$&%s '& the

"&%at$&% $' a%y. It $s a!s& eCu$e" that the es&% ece$-$%3 the

"&%at$&% e(ess!y #a%$'ests h$sOhe c&%'&#$ty $% ece$-$%3 the

"&%at$&% $% the sa#e "&cu#e%t & $% a seaate "&cu#e%t but *h$ch

#ust be e(ecute" *$th$% the !$'et$#e &' the "&%&. These '&#a!

eCu$e#e%ts $% th$s case '& the eaat$&% a%" e(ecut$&% &' a

"ee" &' "&%at$&% has bee% 'u!!y &bse-e". %ce the "&%at$&% $s

accete" $t $s 3e%ea!!y c&%s$"ee" $e-&cab!e.

X.



L a dressma=er accepted clothing materials from arla to ma=e two dresses forher. En the day L was supposed to deliver arla:s dresses L called up arla to saythat she had an urgent matter to attend to and will deliver them the ne!t day. Thatnight however a robber bro=e into her shop and too= everything including arla:stwo dresses. L claims she is not liable to deliver arla:s dresses or to pay for the

clothing materials considering she herself was a victim of the robbery which was afortuitous event and over which she had no control. Ko you agree+ *hy+ -()

SUGGESTED ANSWER:

YES I AGREE *$th X@s c&%te%t$&%.

At. 1272 &' the ,$-$! ,&"e &-$"es that:

K A% &b!$3at$&% *h$ch c&%s$sts $% the "e!$-ey &' a "ete#$%ate th$%3 sha!!be e(t$%3u$she" $' $t sh&u!" be !&st & "est&ye" *$th&ut the 'au!t &' the"ebt& a%" be'&e he has $%cue" $% "e!ay.

Whe% by !a* & st$u!at$&% the &b!$3& $s !$ab!e e-e% '& '&tu$t&us e-e%tsthe !&ss &' the th$%3 "&es %&t e(t$%3u$sh the &b!$3at$&% a%" he sha!! bees&%s$b!e '& DAMAGES. The sa#e u!e a!$es *he% the %atue &' the&b!$3at$&% eCu$es the assu#t$&% &' $s/K

4uthe At. 11 sea/s &' 4&tu$t&us e-e%ts a%" the esse%t$a!chaacte$st$cs &' *h$ch ae:

a< the cause #ust be $%"ee%"e%t &' the *$!! &' the "ebt&b< $#&ss$b$!$ty &' '&esee$%3 & a-&$"$%3 $t e-e% $' '&esee%c< the &ccue%ce #ust be such as t& e%"e $t $#&ss$b!e '& the

"ebt& t& 'u!$!! h$s &b!$3at$&% $% a %&#a! #a%%e.

4uthe#&e At 1175 ;" a.< 3$-es t*& $%sta%ces *he% a '&tu$t&use-e%t "&es %&t e(cuse c&#!$a%ce: a< $' the &b!$3& K"e!aysK ; th$s $s ea!!y"e'au!t & #&a< b< $' the &b!$3& $s 3u$!ty &' ba" 'a$th. It $s t& be %&te"that RDINARY DE=AY IS DI44ERENT 4RM =EGA= DE=AY;DE4AU=T<.

The st $s #ee!y %&%e'&#a%ce at the st$u!ate" t$#eF De'au!t $s that"e!ay *h$ch a#&u%ts t& a -$tua! %&%'u!!!#e%t &' the &b!$3at$&%.; As au!e t& ut the "ebt& $% "e'au!t thee #ust be a "e#a%" '& 'u!!!#e%tthe "e#a%" be$%3 e$the )u"$c$a! & e(ta)u"$c$a!<. I% the $%sta%t cases$%ce X the "ess#a/e "&es %&t $%cu "e!ay as thee *as %& )u"$c$a! &e(ta)u"$c$a! "e#a%" '&# a!a the &b!$3at$&% t& "e!$-e the sec$cth$%3 $tse!' $s e(t$%3u$she" '& thee $s %& #&e th$%3 t& be 3$-e%.

But sa$" &b!$3at$&% #ay be c&%-ete" $%t& a MNETARY B=IGATIN 4RDAMAGES. It $s $% th$s se%se that *e say that the K&b!$3at$&%K e#a$%s.



XI.

<ac=ie ' inherited a townhouse. ecause she wanted to study in ane!clusive school she sold her townhouse by signing a Keed of Sale andturning over possession of the same to the buyer. *hen the buyerdiscovered that she was still a minor she promised to e!ecute another Keedof Sale when she turns '9. *hen <ac=ie turned %O and was already wor=ingshe wanted to annul the sale and return the buyer:s money to recover hertownhouse. *as the sale contract void voidable or valid+ /an <ac=ie stillrecover the property+ ,!plain. -;)

SUGGESTED ANSWER:

The sa!e c&%tact $s ?IDAB=E.

A% act$&% '& a%%u!#e%t &' c&%tact $s &%e !e" *hee c&%se%t $s-$t$ate" by !ac/ &' !e3a! caac$ty &' &%e &' the c&%tact$%3 at$es& by #$sta/e -$&!e%ce $%t$#$"at$&% u%"ue $%Pue%ce & 'au". By$ts -ey %atue a%%u!#e%t c&%te#!ates a c&%tact *h$ch $s-&$"ab!e that $s -a!$" u%t$! a%%u!!e". Such c&%tact $s b$%"$%3 &% a!!the c&%tact$%3 at$es u%t$! a%%u!!e" a%" set as$"e by a c&ut &'!a*. It #ay be at$e". A% act$&% '& a%%u!#e%t &' c&%tact has a'&uyea esc$t$-e e$&".;=e&%a"& -. ,A G.R. N&. 125+5.Sete#be 1 200<

At. 11. The act$&% '& a%%u!#e%t sha!! be b&u3ht *$th$%'&u yeas.

Th$s e$&" sha!! be3$%:

I% cases &' $%t$#$"at$&% -$&!e%ce & u%"ue $%Pue%ce '&# the t$#ethe "e'ect &' the c&%se%t ceases.I% case &' #$sta/e & 'au" '&# the t$#e &' the "$sc&-ey &'the sa#e.

A%" *he% the act$&% e'es t& c&%tacts e%tee" $%t& by #$%&s &&the $%caac$tate" es&%s '&# the t$#e the 3ua"$a%sh$ ceases.

9&*e-e $% th$s case the $3ht &' Hac/$e t& a%%u! the c&%tact hasa!ea"y esc$be" s$%ce $t has bee% yeas '&# the e(ecut$&% &'the c&%tact.



XII.

A. Iya and etty owed <un PO&&&&&.&& for advancing their e#uity in acorporation they "oined as incorporators. Iya and etty bound themselvessolidarily liable for the debt. @ater Iya and <un became sweethearts so <uncondoned the debt of PO&&&&&.&&. 6ay lya demand from etty P%O&&&&.&&as her share in the debt+ ,!plain with legal basis. -%)

SUGGESTED ANSWER:

N&. The e#$ss$&% c&-es the e%t$e &b!$3at$&% as such t&ta!!y

e(t$%3u$she" a%" the e%t$e )u$"$ca! e!at$&%s a#&%3 the "ebt&s $sa!t&3ethe te#$%ate".

Iya ca%%&t "e#a%" '&# Betty the a#&u%t &' 250000.00 because

e#$ss$&% by $ts %atue $s 3atu$t&us a% act &' ue !$bea!$ty &' the

ce"$t& he%ce she ca%%&t "e#a%" '& e$#buse#e%t '&# he c&"ebt&.

. <uancho Kon and Pedro borrowed P'O&&&&.&& from their friend /ita toput up an internet cafe orally promising to pay her the full amount after one

year. ecause of their lac= of business =now?how their business collapsed. <uancho and Kon ended up penniless but Pedro was able to borrow moneyand put up a restaurant which did well. /an /ita demand that Pedro pay theentire obligation since he together with the two others promised to pay theamount in full after one year+ Kefend your answer. -%)

SUGGESTED ANSWER:

N&. ,$ta ca%%&t "e#a%" $% 'u!! '&# e"&. U%"e the !a* *he% the

a3ee#e%t $s s$!e%t as t& h&* the "ebt&s ae be$%3 !$ab!e t& the$

ce"$t&s $t $s "ee#e" t& be )&$%t &b!$3at$&%.

I% )&$%t &b!$3at$&% &%e "ebt& $s !$ab!e &%!y '& h$s &&t$&%ate shae $%

the e%t$e &b!$3at$&%. Thus ,$ta ca% c&!!ect &%!y 50000.00 '&# e"&.

XIII

A. L and M are partners in a shop o0ering portrait painting. M provided the capital



and the mar=eting while L was the portrait artist. They accepted the PO&&&&.&&payment of yla to do her portrait but L passed away without being able to do it./an yla demand that M deliver the portrait she had paid for because she wasdealing with the business establishment and not with the artist personally+ *hy orwhy not+ -()

SUGGESTED ANSWER:

Yes. A!th&u3h "eath &' a at%e "$ss&!-es the at%esh$ the"$ss&!ut$&% "&es %&t #ea% that the at%es ca% e-a"e e-$&us&b!$3at$&%s e%tee" $%t& ;Testate Estate &' M&ta - Sea h$!7<.

I% the 3$-e% case the "eath &' the &the at%e "&es %&t #ea% thatthe &b!$3at$&% &' the at%esh$ $s a!s& e(t$%3u$she". 9e%ce y!aca% st$!! "e#a%" '& the e'&#a%ce &' the &b!$3at$&%.

. In this "urisdiction is a "oint venture (i.e., a group of corporations contributingresources for a speci$c pro"ect and sharing the pro$ts therefrom) considered apartnership+ -()

SUGGESTED ANSWER:

Yes. I% Auebach - Sa%$tay Waes #a%u'actu$%3 ,& ;1+< a )&$%t -e%tue $s a '&# &' at%esh$ a%" sh&u!" thee'&e be3&-e%e" by the !a*s &' at%esh$.

XI?.

A driver of a bus owned by company N ran over a boy who died instantly. A criminalcase for rec=less imprudence resulting in homicide was $led against the driver. Bewas convicted and was ordered to pay P% 6illion in actual and moral damages tothe parents of the boy who was an honor student and had a bright future. *ithouteven trying to $nd out if the driver had assets or means to pay the award of damages the parents of the boy $led a civil action against the bus company toma=e it directly liable for the damages.a) *ill their action prosper+ -;)b) If the parents of the boy do not wish to $le a separate civil action against. the

bus company can they still ma=e the bus company liable if the driver cannot: paythe award for damages+ If so what is the nature of the employer:s liability and howmay civil damages be satis$ed+ -()

SUGGESTED ANSWER:

a. Yes the act$&% *$!! &se. At$c!e 217 $% e!at$&% t& At$c!e21+0 &' the ,$-$! ,&"e a!!&*s



a% act$&% e"$cate" &% quasi-delict t& be $%st$tute" by the $%)ue"aty a3a$%st the e#!&ye '&a% act & &#$ss$&% &' the e#!&yeea%" *&u!" %ecess$tate &%!y a e&%"ea%ce &' e-$"e%ce t&e-a$!.9ee the !$ab$!$ty &' the e#!&ye '& the %e3!$3e%t c&%"uct &' thesub&"$%ate $s "$ecta%" $#ay.

The e%'&ce#e%t &' the )u"3#e%t a3a$%st the e#!&ye $% a% act$&%base" &%At$c!e 217 "&es %&t eCu$e the e#!&yee t& be $%s&!-e%ts$%ce the %atue &' the !$ab$!$ty &' the e#!&ye *$th that &' thee#!&yee the t*& be$%3 statut&$!y c&%s$"ee" )&$%t t&t'eas&s $ss&!$"ay. I% the case at ha%" c$-$! act$&% a3a$%st the bus c&#a%y $sbase" &% Cuas$"e!$ct *h$ch #a/es the bus c&#a%y a%" the "$-e

)&$%t!y a%" s&!$"a$!y !$ab!e *$th&ut the %ee" &' $%Cu$$%3 the !atteJs$%s&!-e%cy.

b. Yes a!th&u3h the bus c&#a%y $s %&t a "$ect aty t& the case

a%" the cause &' act$&%a3a$%st the "$-e $s base" &% "e!$ct the ae%ts &' the b&y ca% st$!!#a/e the '&#e subs$"$a$!y !$ab!e u%"e At$c!e 10 &' the Re-$se"e%a! ,&"e. I% the case &' Calang v. People ;GR N&. 1077 Au3ust 2010< the c&ut e$teate" that be'&e the e#!&yes subs$"$ay!$ab$!$ty $s e%'&ce" a"eCuate e-$"e%ce #ust e($st estab!$sh$%3 that;1< they ae $%"ee" the e#!&yes &' the c&%-$cte" e#!&yeesF ;2<they ae e%3a3e" $% s&#e /$%" &' $%"ustyF ;< the c$#e *asc&##$tte" by the e#!&yees $% the "$scha3e &' the$ "ut$esF a%";< the e(ecut$&% a3a$%st the !atte has %&t bee% sat$se" "ue t&$%s&!-e%cy. The "ete#$%at$&% &' these c&%"$t$&%s #ay be "&%e $%

the sa#e c$#$%a! act$&% $% *h$ch the e#!&yees !$ab$!$ty c$#$%a!a%" c$-$! has bee% &%&u%ce" $% a hea$%3 set '& that ec$seu&se *$th "ue %&t$ce t& the e#!&ye as at &' the&cee"$%3s '& the e(ecut$&% &' the )u"3#e%t. I% the 3$-e% theeCu$s$tes ab&-e #e%t$&%e" ae ese%t as the "$-e be$%3 a%e#!&yee &' ,&#a%y Q $% the e(ec$se &' h$s "ut$es c&##$tte"ec/!ess $#u"e%ce esu!t$%3 $% h&#$c$"e a%" *as sh&*% t& be$%s&!-e%t. Thee'&e the bus c&#a%y has subs$"$ay c$-$! !$ab$!$ty.

X?.A. Sara borrowed PO&&&&.&& from <ulia and orally promised to pay it within si!

months. *hen Sara tried to pay her debt on the 9th month <ulia demanded thepayment of interest of '%o>o per annum because of Sara:s delay in payment. Sarapaid her debt and the interest claimed by <ulia. After rethin=ing Sara demandedbac= from <ulia the amount she had paid as interest. <ulia claims she has noobligation to return the interest paid by Sara because it was a natural obligationwhich Sara voluntarily performed and can no longer recover. Ko you agree+ ,!plain.-;). Kistinguish civil and natural obligations. -%)



SUGGESTED ANSWER:

a. Yes I a3ee *$th Hu!$a. She $s %&t &b!$3ate" t& etu% the $%teest*h$ch Saah -&!u%ta$!y

a$". At. 12 &' the Ne* ,$-$! ,&"e sea/s &' %atua! &b!$3at$&%s.

It &-$"es that %atua!&b!$3at$&%s %&t be$%3 base" &% &s$t$-e !a* but &% eCu$ty a%"%atua! !a* "& %&t 3a%t a $3ht &' act$&% t& e%'&ce the$e'&#a%ce but a'te -&!u%tay 'u!!!#e%t by the &b!$3& theyauth&$6e the ete%t$&% &' *hat has bee% "e!$-ee" & e%"ee" byeas&% thee&'.Whe% Saa *as %&t ab!e t& ay he !&a% &% the 7th #&%th as she&#$se" $t beca#e he%atua! &b!$3at$&% t& ay the $%teest e-e%th&u3h $t *as %&t&$3$%a!!y a3ee" u&% by the#.A!y$%3 At. 12 $% th$s case Hu!$a $s a!!&*e" by !a* t& eta$% the

$%teest ay#e%t *h$ch Saa -&!u%ta$!y a$" t& he.

SUGGESTED ANSWER:

The '&!!&*$%3 ae s&#e &' the "$st$%ct$&%s &' c$-$! a%" %atua!&b!$3at$&%s:

1. ,$-$! &b!$3at$&%s a$se '&# !a* c&%tacts Cuas$c&%tact "e!$ctsa%" Cuas$"e!$cts;At.115 N,,< *h$!e %atua! &b!$3at$&%s ae %&t base" &% &s$t$-e!a* but &% eCu$ty

a%" %atua! !a* ;At. 12 N,,<F a%"

2. ,$-$! &b!$3at$&%s 3$-e a $3ht &' act$&% t& c&#e! the$e'&#a%ce ;At. 1157 N,,<*h$!e %atua! &b!$3at$&%s "& %&t 3a%t such $3ht &' act$&% t&e%'&ce the$e'&#a%ce. ;At. 12 N,,<

X?I

Konna pledged a set of diamond ring and earrings to <ane for P%&&&&&.&&She was made to sign an agreement that if she cannot pay her debt withinsi! months <ane could immediately appropriate the "ewelry for herself. Aftersi! months Konna failed to pay. <ane then displayed the earrings and ringset in her "ewelry shop located in a mall. A buyer <uana bought the "ewelryset for P(&&&&&.&&.a) *as the agreement which Konna signed with <ane valid+ ,!plain with legal



basis. -%)b) /an Konna redeem the "ewelry set from <uana by paying the amount sheowed <ane to <uana+ ,!plain with legal basis. -%)c) 7ive an e!ample of a pledge created by operation of law. -%)

SUGGESTED ANSWER:a< N& $t $s %&t -a!$" '& $t $s actu# ,&##$ss&$u#. At$c!e 20++ &'the ,$-$! ,&"e &-$"es that Lthe ce"$t& ca%%&t a&$ate theth$%3s 3$-e% by *ay &' !e"3e & #&t3a3e & "$s&se &' the#. A%yst$u!at$&% t& the c&%tay $s %u!! a%" -&$".

b< N&. D&%%a #ust %&t &%!y ay the a#&u%t she &*e" t& Hua%a buta!s& ay the %ecessay e(e%ses $%cue" by the !atte $% ese-$%3the &ety !e"3e" a%" a!s& the $%teest. At$c!e 2105 &' the ,$-$!,&"e &-$"es that Lthe "ebt& ca%%&t as/ '& the etu% &' theth$%3 !e"3e" a3a$%st the *$!! &' the ce"$t& u%!ess a%" u%t$! he

has a$" the "ebt a%" $ts $%teest *$th e(e%ses $% a &e case.

c< At. 2121. !e"3es ceate" by &eat$&% &' !a* such as th&see'ee" t& $% At$c!es 57 11 a%" 1 ae 3&-e%e" by the'&e3&$%3 at$c!es &% the &ssess$&% cae a%" sa!e &' the th$%3 as*e!! as &% the te#$%at$&% &' the !e"3e. 9&*e-e a'te ay#e%t &'the "ebt a%" e(e%ses the e#a$%"e &' the $ce &' the sa!e sha!!be "e!$-ee" t& the &b!$3&.

X?II.

N a gambler wagered and lost P% 6illion in baccarat a card game. Be waspressured into signing a Keed of Absolute Sale in favor of the winnercovering a parcel of land with improvements worth P%& 6illion. Ene monthlater the supposed vendee of the property demanded that he and his familyvacate the property sub"ect of the deed of sale. *as the deed of sale valid+*hat can N do+ -;)

SUGGESTED ANSWER:

N& the "ee" &' sa!e $s -&$"ab!e. %e &' the esse%t$a! eCu$s$tes &'c&%tacts u%"e At$c!e 11+ &' the Ne* ,$-$! ,&"e $s c&%se%t. At11+ &-$"esFThee $s %& c&%tact u%!ess the '&!!&*$%3 eCu$s$tes c&%cu:;1< ,&%se%t &' the c&%tact$%3 at$esF;2< b)ect ceta$% *h$ch $s the sub)ect #atte &' the c&%tactF;< ,ause &' the &b!$3at$&% *h$ch $s estab!$she".



A!! these e!e#e%ts #ust be ese%t t& c&%st$tute a -a!$" c&%tact.,&%se%t $s esse%t$a! t& the e($ste%ce &' a c&%tactF a%" *hee $t $s*a%t$%3 & &bta$% th&u3h 'au" -$&!e%ce & $%t$#$"at$&% thec&%tact ca% be a%%u!!e". I% a c&%tact &' sa!e $ts e'ect$&% $sc&%su##ate" at the #&#e%t thee $s a #eet$%3 &' the #$%"s u&%

the th$%3 that $s the &b)ect &' the c&%tact a%" u&% the $ce.U%"e At. 10. A c&%tact *hee c&%se%t $s 3$-e% th&u3h #$sta/e-$&!e%ce $%t$#$"at$&% u%"ue $%Pue%ce & 'au" $s -&$"ab!e. I% the$%sta%t case Q *as essue" $% s$3%$%3 the "ee" &' abs&!ute sa!ethe c&%se%t *as %&t 'ee!y 3$-e%.

Q ca% !e a et$t$&% '& a%%u!#e%t &' the c&%tact s$%ce h$sc&%se%t *as &bta$% th&u3h '&ce & $%t$#$"at$&%. The act$&%'& a%%u!#e%t sha!! be b&u3ht *$th$% '&u yeas. Th$s e$&"sha!! be3$% $% cases &' $%t$#$"at$&% -$&!e%ce & u%"ue$%Pue%ce '&# the t$#e the "e'ect &' the c&%se%t ceases. ;At.

11<

X?III.

A lawyer was given an authority by means of SPA by his client to sell a parcelof land for the amount of P ( million. Since the client owed the lawyer P'million in attorney:s fees in a prior case he handled the client agreed that ifthe property is sold the lawyer was entitled to get O agent:s fee plusP'million as payment for his unpaid attorney:s fees. The client howeversubse#uently found a buyer of his own who was willing to buy the propertyfor a higher amount. /an the client unilaterally rescind the authority he gave

in favor of his lawyer+ why or why not+ -;)

SUGGESTED ANSWER:

Yes the !a*ye ca% u%$!atea!!y esc$%" the auth&$ty he 3a-e $%'a-& &' h$s !a*ye. U%"e the !a* &% a3e%cy at 120 $t states thatthe $%c$a! #ay e-&/e the a3e%cy at *$!! a%" c&#e! the a3e%t t&etu% the "&cu#e%t e-$"e%c$%3 the a3e%cy. Such e-&cat$&% #ay bee(ess & $#!$e". 9&*e-e at 12 &-$"es that a% a3e%cy ca%tbe e-&/e" $' a b$!atea! c&%tact "ee%"s u&% $t & $' $t $s the#ea%s &' 'u!!!$%3 a% &b!$3at$&% a!ea"y c&%tacte". $% the case

3$-e% the c!$e%t ca% u%$!atea!!y esc$%" the c&%tact &' a3e%cybecause $t $s at *$!! &' the $%c$a! a%" thee@s %& b$!atea! c&%tact"ee%"s u&% $t.

XIX.



6r. A a businessman put several real estate properties under thename of his eldest son L because at that time L was the only one of legalage among his four children. Be told his son he was to hold those assests forhis siblings until they become adults themselves. L then got married. After Oyears 6r. A as=ed L to transfer the titles over three properties to his three

siblings leaving two properties for himself. To AHs surprise L said he can nolonger be made to transfer the properties to his siblings because more thanO years have passed since the titles were registered in his name. Ko youagree+ ,!pain. -;)

SUGGESTED ANSWER:

N&. AJs c&%-eya%ce &' the sub)ect ea! estate &et$es t& X $s $%e!$a%ce u&% the '&#eJs $%te%t$&% t& h&!" $t '& & ta%s'e $t t&the !atteJs s$b!$%3s theeby ceat$%3 &%!y a% $#!$e" tust $% 'a-&u&' X. 4uthe#&e a% $#!$e" tust esc$bes $% te% ;10< yeas $%

the abse%ce &' 'au" a%" '&u ;< yeas '&# "$sc&-ey *$th esectt& the !atte.

I% the abse%ce &' sh&*$%3 &' 'au" $% the $%sta%t case a%" *h$!e $t$s #&e tha% 5 yeas but as !&%3 as $t *as %&t #&e tha% te% ;10<yeas '&# the ta%s'e thee&' a% act$&% '& ec&%-eya%ce base"&% a% $#!$e" tust *$!! st$!! &se.

=EGA= BASISAt$c!e 15.Whe% &ety $s c&%-eye" t& a es&% $% e!$a%ce u&%h$s "ec!ae" $%te%t$&% t& h&!" $t '& & ta%s'e $t t& a%&the & the

3a%t& thee $s a% $#!$e" tust $% 'a-& &' the es&% *h&sebe%et $s c&%te#!ate".A% act$&% '& ec&%-eya%ce base" &% a% $#!$e" tust esc$bes $%te% ;10< yeas. I' base" &% 'au" the act$&% esc$bes $% '&u ;<yeas c&u%te" '&# the "$sc&-ey &' the 'au". ;A#a#e%t& -s.Guee& =2+ 4eb. 21 1+0<

KXK beca#e a tustee &' the ea! &et$es &' M. A. U%"e At. 15&' the N,, KWhe% &ety $s c&%-eye" t& a es&% $% e!$a%ce u&%h$s "ec!ae" $%te%t$&% t& h&!" $t '& & ta%s'e $t t& a%&the & the3a%t& thee $s a% IM=IED TRUST $% 'a-& &' the es&% *h&se

be%et $s c&%te#!ate".K I% esse%ce !aches a%" esc$t$&% #ayc&%st$tute a ba t& e%'&ce a% $#!$e" tust a%" %& eu"$at$&% $seCu$e" u%!ess thee $s c&%cea!#e%t. Thee ae &%!y $%sta%cesa!!&*e" by the N,, that act$&%s #ust be b&u3ht *$th$% 10yeas'&# the t$#e the $3ht &' act$&%s accues: 1<u&% *$tte% c&%tactF2<u&% a% &b!$3at$&% ceate" by !a*F <u&% )u"3#e%t. Thee'&eKXK c&%te%t$&% $s %&t te%ab!e.



XX

A. 6r. and 6rs. Coman and 6r. and 6rs. /ruz $led an application forregistration of a parcel of land which after due proceedings was granted by

the CT/ acting as a land registration court. Bowever before the decree ofregistration could be issued the spouses Coman and the spouses /ruz soldthe lot to <uan. In the notarized deed of sale the sellers e!pressly undertoo=to submit the deed of sale to the land registration court so that the title tothe property would be directly issued in <uan:s name. Is such a stipulationvalid+ -%)

SUGGESTED ANSWER:

Yes. U%"e the $%c$!e &' Mutua!$ty &' c&%tacts st$u!at$&%s #a"eby the at$es $% a c&%tact ae b$%"$%3 as bet*ee% the#. 9&*e-e

$t ca% be a3ue" that such a st$u!at$&% $s $%-a!$" usua%t t& the&ety Re3$stat$&% Decee *h$ch eCu$es &e &cee"$%3s '&the $ssua%ce &' a ,et$cate &' T$t!e a%" ca%%&t be #a"e by #eea3ee#e%t.

. Kistinguish a direct attac= from a collateral attac= on a title. -%)

SUGGESTED ANSWER:

The attac/ $s c&%s$"ee" "$ect *he% the &b)ect &' a% act$&% $s t&a%%u! & set as$"e such &cee"$%3 & e%)&$% $ts e%'&ce#e%t.

,&%-ese!y a% attac/ $s $%"$ect & c&!!atea! *he% $% a% act$&% t&&bta$% a "$8ee%t e!$e' a% attac/ &% the &cee"$%3 $s %e-ethe!ess#a"e as a% $%c$"e%t thee&'.;NEMESI 4IRAQA SR. -s SUSES ,=AUDI a%" EU4RE,ENA UGAYG.R. N&. 175++ A$! 201<

/. If the title in Item LL. A is issued in the names of the original sellerswould a motion $led by <uan in the same case to correct or amend the title inorder to re4ect his name as owner be considered a collateral attac=+ -%)

SUGGESTED ANSWER:

N& u%"e D 152 Sec.10+ a aty ca% see/ '& a#e%"#e%t u&%the 3&u%" that the e3$stee" $%teests &' a%y "esc$t$&% *hethe-este" c&%t$%3e%t e(ecta%t & $%ch&ate aea$%3 &% thecet$cate ha-e te#$%ate" a%" cease"F & that %e* $%teest %&taea$%3 u&% the cet$cate ha-e a$se% & bee% ceate".



A!te%at$-e a%s*e: Yes cet$cate &' t$!es ca% be attac/e" &%!y $% a"$ect &cee"$%3. Sec.+ &' D 152 &-$"es that a cet$cate &'t$t!e sha!! %&t be sub)ect t& c&!!atea! attac/. It ca%%&t be a!tee"#&"$e" & ca%ce!!e" e(cet $% a "$ect &cee"$%3 $% acc&"a%ce*$th !a*.

201 BAR EXAMS

I.

Ariz and Paz were oGcemates at Perlas ng Silangan an= -PS). They fell in

love with each other and had a civil and church wedding. 6eanwhile Paz

rapidly climbed the corporate ladder of PS and eventually became its ice

President while Ariz remained one of its ban= supervisors although he wasshort of '% units to $nish his 6asters of usiness Administration -6A)

degree.

Ariz became envious of the success of his wife. Be started to drin= alcohol

until he became a drun=ard. Be preferred to "oin his Qbar=adasQR became a

wifebeaterR would hurt his children without any reasonR and failed to

contribute to the needs of the family. Kespite rehabilitation and consultation

with a psychiatrist his ways did not change.

After '8 years of marriage Paz a devout /atholic decided to have theirmarriage annulled by the church. Through the testimony of Paz and a

psychiatrist it was found that Ariz was a spoiled brat in his youth and was

sometimes involved in brawls. In his teens he was once referred to a

psychiatrist for t reatment due to his violent tendencies. In due time the

2ational Appellate 6atrimonial Tribunal -2A6T) annulled the union of Ariz and

Paz due to the failure of Ariz to perform and ful$ll his duties as a husband and

as a father to their children. The 2A6T concluded that it is for the best

interest of Paz Ariz and their children to have the marriage annulled.

In view of the 2A6T decision Paz decided to $le a Petition for Keclaration of

2ullity of 6arriage of their civil wedding before the Cegional Trial /ourt -CT/)of 6a=ati /ity using the 2A6T decision and the same evidence adduced in

the church annulment proceedings as basis.

If you are the "udge will you grant the petition+ ,!plain. -O)



SUGGESTED ANSWER:

N&.

I *$!! %&t 3a%t the et$t$&% &' "ec!aat$&%&' %u!!$ty&' #a$a3e.

I% eub!$c -. #&!$%a ;G.R. N&.10+7 'ebuay 1 1< the

Sue#e c&ut u!e" that *h$!e the $%teetat$&% 3$-e% by the

Nat$&%a! Ae!!ate T$bu%a! ;NAMT< &' the cath&!$c chuch $% the

h$!$$%es sh&u!" be 3$-e% 3eat esect by &u c&utthey ae %at

c&%t&!!$%3 & "ec$s$-e. Its $%teetat$&% $s %&t c&%c!us$-e &% the

c&ut.The c&ut ae st$!! eCu$e" t& #a/e the$ &*% "ete#$%at$&%

as t& the #e$ts &' the casea%" %&t e!y s&!e!y&% the %"$%3 &' the

NAMT.

It has bee% he!" that sych&!&3$ca! $%caac$tyas a 3&u%" '&

%u!!$'y$%3 a #a$a3e $s c&%%e" t& the #&st se$&us cases &'

es&%a!$ty "$s&"es c!ea!y "e#&%stat$-e&' a% utte $%se%s$t$-$ty

& $%ab$!$ty t& 3$-e #ea%$%3 a%" s$3%$ca%ce t& #a$a3e.The thee

esse%t$a! eCu$s$t $% &"e '& sych&!&3$ca! $%caac$ty t& be

aec$ate" ae: 1< 3a-$ty 2< )u$"$ca! a%tece%"e%ce a%" <

$%cuab$!$ty.I%the ese%t case thee *as %& sh&*$%3 that thesych&!&3$ca! $%caac$ty *as e($st$%3 at the t$#e &' the ce!ebat$&%

&' the #a$a3e.

II.

/rispin died testate and was survived by Ale! and <osine his children from his

$rst wifeR Cene and Cuby his children from his second wifeR and Allan ea

and /hes=a his children from his third wife.

Ene important provision in his will reads as follows3

QAng lupa at bahay sa @ungsod ng 6aynila ay ililipat at ilalagay sa pangalan

nila Ale! at Cene hindi bilang pamana =o sa =anila =undi upang pamahalaan

at pangalagaan lamang nila at nang ang sinuman sa a=ing mga ana= sampu

ng a=ing mga apo at =aapuapuhan =o sa habang panahon ay may tutuluyan



=ung magnanais na mag?aral sa 6aynila o sa =alapit na mga lungsod.Q

Is the provision valid+ -;)

SUGGESTED ANSWER3

The &-$s$&% $#&s$%3 the $% "$-$s$&% &' the &ety Lhaba%3

a%ah&% $s $%-a!$". I% sa%t$a3& -. sa%t$a3& ;G.R. N&.1+5

Au3ust 2010< a s$#$!a &-$s$&% aeas $% the *$!! &' the

testat&.I% that case the c&ut u!e" that $t $s c!ea that the testat&

$%te%"e" the h&use a%" !&t $% Ma%$!a be tas'ee" $%

et$t$&%eJ%a#es '& a"#$%$stat$&% u&ses &%!ya%" tha the

&ety be &*%e" by the the$ I% c&##&%.

9&*e-ethe sa#e case u!e" that the c&%"$t$&% set by the "ece"e%t

&% the &etyJs $%"$-$s$b$!$ty $s sub)ect t& a statut&y !$#$tat$&%

&-$"e" by At$c!e 10+ &' the c$-$! c&"e *h$ch state that the e$&"

&' $%"$-$s$&% $#&se" by a testat& sha!! %&t e(cee" t*e%ty

yeas.A!th&u3h the c$-$! c&"e $s s$!e%t as t& yhe e8ect &' the

$%"$-$s$&% &' a &ety '& #&e tha% t*ety yeas $t *&u!" be

c&%tay t& ub!$c &!$cy t& sa%ct$&% c&&*%esh$ bey&%" the

e$&" e(ess!y #a%"ate" by the c$-$! c&"e.

Thusthe &-$s$&% !ea-$%3 the a"#$%$st$t$&% &' the h&use a%" !&t $%#a%$!a t& A!e( a%" Re%e $s -a!$" but the &-$s$&% $#&s$%3 the

$%"$-$s$&% &' the &ety Lhaba%3 a%ah&% $s $%-a!$" as t& the

e(cess bey&%" t*e%ty yeas $t be$%3 c&%tay t& at$c!e 10+

!$#$t$%3 the e$&" &' $%"$-$s$&% that #ay be $#&se" by a testat&

t& t*e%ty yeas.

III.

The Coman /atholic /hurch accepted a donation of a real property located in

@ipa /ity. A deed of donation was e!ecuted signed by the donor Kon

6ariano and the donee the /hurch as represented by Fr. Kamian. efore

the deed could be notarized Kon 6ariano died. Is the donation valid+ -;)



SUGGESTED ANSWER:

The "&%at$&% $s -&$" At$c!e &' the c$-$! c&"e &-$"es that a

"&%at$&% &' a% $##&-ab!e #ust be #a"e $% the ub!$c $%stu#e%t t&

be -a!$". I% th$s case $t $s c!ea that the "ee" &' "&%at$&% %e-e

beca#e a ub!$c $%stu#e%t because the "&%& "$e" be'&e $t c&u!"be %&ta$6e".

The "ee" &' "&%at$&% ca%%&t be %&ta$6e" a'te the "eath &' the

"&%& s$%ce $t $s %&* $#&ss$b!e '& h$# t& ac/%&*!e"3e be'&e a

%&tay ub!$c. The "&%at$&% *as %e-e e'ecte". Thus the "&%at$&%

$s -&$" '& %&t c&#!y$%3 *$th the '&#a!$t$es eCu$e" by !a*.

I?.

2ante a registered owner of a parcel of land in uezon /ity sold the

property to 6onica under a deed of sale which reads as follows3

QThat for and in consideration of the sum of PO&&&&&.&& value to be paid

and delivered to me and receipt of which shall be ac=nowledged by me to

the full satisfaction of 6onica referred to as endee I hereby sell transfer

cede convey and assign as by these presents I do have sold transferred

ceded conveyed and assigned a parcel of land covered by T/T 2o. %;9 in

favor of the endee.Q

After delivery of the initial payment of P'&&&&&.&& 6onica immediately too=

possession of the property. Five -O) months after 6onica failed to pay the

remaining balance of the purchase price. 2ante $led an action for the

recovery of possession of the property. 2ante alleged that the agreement was

one to sell which was not consummated as the full contract price was not

paid. Is the contention of 2ante tenable+ *hy+ -;)

SUGGESTED ANSWER:

N& the c&%te%t$&% &' Na%te that $t $s &%e t& se!! $s u%te%ab!e. Thee

$s a e'ecte" c&%tact &' sa!e $% th$s case *he% Na%te a3ee" t& se!!

a%" M&%$ca a3ee" t& buy the sub)ect ace! &' !a%" at $ts a3ee"

$ce. U%"e at$c!e 15 &' the c$-$! c&"e thee $s a e'ecte"

c&%tact &' sa!e at the #&#e%t thee $s a #eet$%3 &' the #$%"s u&%

the th$%3s *h$ch $s the &b)ect &' the c&%tact a%" u&% the $ce.



*%esh$ *as ta%s'ee" u&% "e!$-ey & u&% the ta/$%3 &'

&ssess$&% by M&%$ca the buye. The %&%ay#e%t &' the 'u!! $ce

a8ects the c&%su##at$&% &' the c&%tact &' sa!e a%" %&t $ts

e'ect$&%.

The case &h 9e$s &' At$e%6a -. Es$"&! ;G.R. N&.1+0775 Au3ust112010<"$8ee%t$ate" a c&%tact &' sa!e a%" a c&%tact &' se!!. I% a

c&%tact &' sa!e the t$t!e t& the &ety asses t& the buye u&%

the "e!$-ey &' the th$%3 s&!". $% a c&%tact &' se!! &% the &the

ha%" the &*%esh$ $s by a3ee#e%t eta$%e" by the se!!e a%" $s

%&t t& ass t& the -e%"ee u%t$! 'u!! ay#e%t &' the uchase $ce.

$% the c&%tact &' sa!e the buyeJs %&%ay#e%t &' the $ce $s a

%e3at$-e es&!ut&y c&%"$t$&% $% the c&%tact t& se!! the buyeJs 'u!!

ay#e%t &' the $ce $s a &s$t$-e suse%s$-e c&%"$t$&% t& the

c&#$%3 $%t& e8ect &' the a3ee#e%t. I% the st case the se!!e has

!&st a%" ca%%&t ec&-e the &*%esh$ &' the &ety u%!ess he

ta/es act$&% t& set as$"e the c&%tact &' sa!e.

I% the sec&%" case. The t$t!e s$#!y e#a$%s $% the se!!e $' the buye

"&es %&t c&#!y *$th the c&%"$t$&% ece"e%t &' #a/$%3 ay#e%t at

the t$#e sec$e" $% the c&%tact.

The a3ee#e%t $% th$s case $s %&t a c&%tact t& se!! because %&th$%3

$% the 'act sh&*s that the at$es a3ee" that &*%esh$ $s eta$%e"

by Na%te ;se!!e< a%" $s %&t t& ass t& M&%$ca;buye< u%t$! 'u!!

ay#e%t &' the uchase $ce.

?.

*hat is the e0ect of preterition + -')

-A) It annuls the devise and legacy

-) It annuls the institution of heir

-/) It reduces the devise and legacy

-K) It partially annuls the institution of heir

SUGGESTED ANSWER:



;B< It a%%u!s the $%t$tut$&% &' he$

?I.

6i=o and Kinah started to live together as husband and wife without the

bene$t of marriage in '89;. Ten -'&) years after they separated. In '88they decided to live together again and in '889 they got married.

En February 'D %&&' Kinah $led a complaint for declaration of nullity of her

marriage with 6i=o on the ground of psychological incapacity under Article (

of the Family /ode. The court rendered the following decision3

Q'. Keclaring the marriage null and voidR

%. Kissolving the regime of absolute community of propertyR and

(. Keclaring that a decree of absolute nullity of marriage shall only be issuedafter li#uidation partition and distribution of the partiesH properties under

Article ';D of the Family /ode.Q

Kinah $led a motion for partial reconsideration #uestioning the portion of the

decision on the issuance of a decree of nullity of marriage only after the

li#uidation partition and distribution of properties under Article ';D of the

/ode.

If you are the "udge how will you decide petitionerHs motion for partial

reconsideration+ *hy+ -;)

SUGGESTED ANSWER:

I *$!! 3a%t the #&t$&% '& at$a! ec&%s$"eat$&%. Sect$&% 1;1< &'

the u!e a%" Dec!aat$&% &' abs&!ute %u!!$ty &' Nu!! #a$a3e a%"

a%%u!#e%t &' -$&!ab!e Ma$a3es *h$ch eCu$e that the "ecee &3

%u!!$ty &' #a$a3e be $ssue" &%!y a'te the !$Cu$"at$&% at$t$&% a%"

"$st$but$&% &' &et$es "&es %&t a!y t& "ec!aat$&% &' %u!!$ty

base &% At. 7 &' the 'a#$!y c&"e. The sa$" u!e &%!y a!$es $' thee

*as a sec&%" #a$a3e *h$ch $s -&$" because &' %&%c&#!$a%ce

*$th the eCu$e#e%ts &' At$c!e 0 &' the 4a#$!y c&"e.

I% the case &' D$%& -. D$%& ;G.R. N&.1+0 Ha%uay 1 2011<the



c&ut he!" that sec. 1;1< &%!y a!$es t& 4a#$!y ,&"e At$c!e 50 a%"

51*h$ch ae subseCue%t!y a!$cab!e &%!y t& #a$a3e *h$ch ae

"ec!ae" -&$" ab $%$t$& & a%%u!!e" by %a! )u"3e#e%t u%"e At$c!e

0 a%" 5 &' the 'a#$!y c&"e. S$%ce thee $s %& e-$&us #a$a3e $%

th$s case a%" the #a$a3e *as %u!!$e" u%"e At$c!e7 &' the

4a#$!y ,&"e sect$&% ;1< &' the sa$" u!es "&es %&t a!y.

?II.

Kue to the continuous heavy rainfall the ma"or streets in 6anila became

4ooded. This compelled /ris to chec=?in at S#uare Ene Botel. As soon as

/risgot o0 from his Toyota Altis the BotelHs par=ing attendant got the =ey of

his car and gave him a valet par=ing customerHs claim stub. The attendant

par=ed his car at the basement of the hotel. ,arly in the morning /ris wasinformed by the hotel manager that his car was carnapped. -;)

-A) *hat contract if any was perfected between /ris and the Botel

when /ris surrendered the =ey of his car to the BotelHs par=ing

attendant+

-) *hat is the liability if any of the Botel for the loss of /risH car+

SUGGESTED ANSWER:

;A< A c&%tact &' "e&s$t *as e'ecte" bet*ee% ,$s a%" the

9&te! *he% ,$s sue%"ee" the /ey &' h$s ca t& the h&te!Js

atte%"a%t. I% T$!e? 4&&" Se-$ces -. 4$!$$%& #echa%ts

I%sua%ce ,&#a%y;G.R. N&.17054ebuay 21 2005< $t *as

u!e" that *he% the a ca $s e%tuste" t& a -a!et atte%"a%t

thee $s %& c&%tact &' "e&s$t. At$c!e 172 &' c$-$! c&"e

&-$"es that a "e&s$t $s c&%st$tute" '&# the #&#e%t a

es&% ece$-es a th$%3 be!&%3$%3 t& a%&the *$th the

&b!$3at$&% &' sa'ety /ee$%3 $t a%" &' etu%$%3 thesa#e;Duba% aat#e%t -. $&%ee $%sua%ce;G.R. N&.11

#ach 0 2011<.

4uthe#&e At$c!e 1+ &' c$-$! c&"e &-$"es that the

"e&s$t &' e8ects #a"e by ta-e!es $% h&te! & $%%s sha!! be

e3a"e" as %ecessay a%" that the /eees &' h&te!s a%" $%%s



ae es&%s$b!e '& the e8ects "e&s$te" as "e&s$ta$es

sub)ect t& the$ be$%3 %&t$e" &' the e8ects be$%3 b&u3ht $%

by the ta-e!es a%" the ta/$%3 by the ta-e!es &' such

ecaut$&%s *h$ch the h&te! & $%% /eee & the$ subst$tutes

a"-$se" e!at$-e t& the ca a%" -$3$!a%ce &' such e8ects. At$c!e

1 &' the c$-$! c&"e a!s& &-$"es '& the !$ab$!$ty &' the h&te!

/eee '& -eh$c!es $%t&"uce" & !ace" $% the a%%e(es &' the

h&te! *h$ch $% th$s case $s the base#e%t &' the h&te!.

;B< The 9&te! *as c&%st$tute" as a "e&s$tay $% th$s case.

Thus $t has the &b!$3at$&% t& sa'ety /ee the ca *h$ch $s

e(ecte" by ,$s t& be etu%e" t& h$#. W$th the !&ss &' the

ca the h&te! $s !$ab!e '& the c&st &' the ca as actua!

"a#a3es.

?III.

Tess leased her 'O&& s#. m. lot in Antipolo /ity to Cuth for a period of three

-() years from <anuary %&'& to February %&'(.

En 6arch '8 %&'' Tess sent a letter to Cuth part of which reads as follows3

QI am o0ering you to buy the property you are presently leasing at PO&&&.&&

per s#. m. or for a total of PDO&&&&&.&&. Mou can pay the contract price byinstallment for two -%) years without interest.

I will give you a period of one -') year from receipt of this letter to decide

whether you will buy the property.Q

After the e!piration of the lease contract Tess sold the property to her niece

for a total consideration of P; million.

Cuth $led a complaint for the annulment of the sale reconveyance and

damages against Tess and her niece. Cuth alleged that the sale of the leased

property violated her right to buy under the principle of right of $rst refusal.

Is the allegation of Cuth tenable+ -;)

SUGGESTED ANSWER:



The a!!e3at$&% &' Ruth $s u%te%ab!e. Thee *as %& $3ht &' e'usa!

&8ee" t& he the *&"$%3 &' the !ette ca% at #&st be c&%s$"ee" a

#&e &8e t& se!! & !ease *$th a% &t$&% t& buy.

I% Sa%che6 -. R$3&s ;G.R. N&.=25 Hu%e 1 12<the c&ut he!"

that $% &"e that a u%$!atea! &#$see t& buy & t& se!! #ay beb$%"$%3 u&% the &#$ss& At$c!e 1 &' the c$-$! c&"e eCu$es

that sa$" &#$se be su&te" by a c&%s$"eat$&% "$st$%ct '&# the

$ce. The &#$s& ca%%&t be c&#e!!e" t& c&#!y *$th the

&#$se u%!ess the e($ste%ce &' a c&%s$"eat$&% "$st$%ct '&# the

$ce $s estab!$she".

I% the ese%t case thee *as %& -a!uab!e & $%"ee%"e%t

c&%s$"eat$&% thus $t ca%%&t be c!ass$e" as a u%$!atea! &#$se t&

se!! but $s &%!y a #ee &8e t& se!!. S$%ce thee *as %& -a!uab!e &

$%"ee%"e%t c&%s$"eat$&% $t *as %&t a% &t$&% c&%tact but a #ee&t$&% t& buy *h$ch #ay be *$th"a*% at a%y t$#e.

IX.

Spouses 6acario and onifacia Ka=ila entered into a contract to sell with

Bonorio /ruz over a parcel of industrial land in alenzuela ulacan for a price

of Three 6illion Five Bundred Thousand Pesos -P(O&&&&&.&&). The spouses

would give a downpayment of Five Bundred Thousand Pesos -PO&&&&&.&&)

upon the signing of the contract while the balance would be paid for the ne!t

three -() consecutive months in the amount of Ene 6illion Pesos

-P'&&&&&&.&&) per month. The spouses paid the $rst two -%) installments

but not the last installment. After one -') year the spouses o0ered to pay the

unpaid balance which Bonorio refused to accept.

The spouses $led a complaint for speci$c performance against Bonorio

invo=ing the application of the 6aceda @aw. If you are the "udge how will you

decide the case+ -;)

SUGGESTED ANSWER:

I *$!! "$s#$ss the c&#!a$%t. The $%-&cat$&% &' the Mace"a =a* by

the s&uses $s #$s!ace". Sect$&% &' RA 7552 ;Mace"a =a*<

&-$"es that $t $s a!$cab!e $% a!! ta%sact$&% & c&%tact $%-&!-$%3



the sa!e & %a%c$%3 &' ea! estate &% $%sta!#e%t ay#e%ts

$%c!u"$%3 es$"e%t$a! c&%"&#$%$u# aat#e%ts but $%c!u"$%3

$%"ust$a! !&t c&##ec$a! bu$!"$%3 a%" sa!es t& te%a%ts. S$%ce the

sub)ect &' the case $s a% $%"ust$a! !a%" Mace"a =a* $s %&t

a!$cab!e.

X.

Korotea leased portions of her %&&& s#. m. lot to 6onet athy /elia and

Cuth for $ve -O) years. Two -%) years before the e!piration of the lease

contract Korotea sold the property to P6 Cealty and Kevelopment

/orporation. The following month Korotea and P6 Cealty stopped accepting

rental payments from all the lessees because they wanted to terminate the

lease contracts.

Kue to the refusal of Korotea to accept rental payments the lessees Cuthet al. $led a complaint for consignation of the rentals before the Cegional

Trial /ourt -CT/) of 6anila without notifying Korotea.

Is the consignation valid+ -;)

SUGGESTED ANSWER:

The c&%s$3%at$&% $s %&t -a!$".

At$c!e 125 &' the c$-$! c&"e &-$"es $% &"e that the c&%s$3%at$&%

&' the th$%3 "ue #ay e!ease the &b!$3& $t #ust st be a%%&u%ce"

t& the es&%s $%teeste" $% the 'u!!#e%t &' the &b!$3at$&%.

#&e&-e at$c!e 125+ &' the sa#e c&"e &-$"es that c&%s$3%at$&%

ha-$%3 bee% #a"e the $%teeste" at$es sha!! a!s& be %&t$e"

thee&' $% th$s case D&&tea a% $%teeste" aty *as %&t %&t$e" &'

the c&%s$3%at$&%. The c&%s$3%at$&% $s thee'&e %&t -a!$" '& %&%

c&#!$a%ce *$th At$c!e125.

XI.

An easement that can be ac#uired by prescription3 -')

-A) Cight of way



-) *atering of an animal

-/) @ateral and sub"acent support

-K) @ight and view

SUGGESTED ANSWER:

D< =$3ht a%" -$e*

At. 77+ &' the N,, &-$"es the e$&" &' esc$t$&% '&

the acCu$s$t$&% &' a% ease#e%t &' !$3ht a%" -$e*.

XII.

<./. /onstruction -<./.) bought steel bars from 6atibay Steel Industries -6SI)

which is owned by uddy atungbacal. <./. failed to pay the purchased

materials worth PO&&&&&.&& on due date. <./. persuaded its client Amoroso

with whom it had receivables to pay its obligation to 6SI. Amoroso agreed

and paid 6SI the amount of PO&&&&.&&. After two -%) other payments

Amoroso stopped ma=ing further payments.

uddy $led a complaint for collection of the balance of the obligation and

damages against <./. <./. denied any liability claiming that its obligation wase!tinguished by reason of novation which too= place when 6SI accepted

partial payments from Amoroso on its behalf.

*as the obligation of <./. /onstruction to 6SI e!tinguished by novation+ *hy+

-;)

SUGGESTED ANSWER:

N&the &b!$3at$&% &' H.,. c&%stuct$&% t& MSI *as %&t e(t$%3u$she"

by %&-at$&%.

U%"e At$c!e 122 &' the c$-$! c&"e $% &"e that a% &b!$3at$&% #ay

be e(t$%3u$she" by a%&the *h$ch subst$tute the sa#e $t $s



$#eat$-e that $t be s& "ec!ae" $% u%eCu$-&ca! te#s & &!" a%"

the %e* &b!$3at$&%s be &% e-ey &$%t $%c&#at$b!e *$th each

&the.%&-at$&% by subst$tut$&% &' "ebt& eCu$es the c&%se%t &' the

ce"$t& as &-$"e" $% At$c!e 12 &' the c$-$! c&"e.

Th$s eCu$e#e%t $s %&t ese%t $% th$s case. I% Ma3"a!e%a Estate$%c. -. R&"$3ue6;G.R. N&.=1+11Dece#be 1177<$t *as u!e"

that the #ee 'act that the ce"$t& ece$-e" ay#e%t '&# a th$"

es&% "&es %&t c&%st$tute %&-at$&% a%" "&es %&t e(t$%3u$sh the

&b!$3at$&% &' the &$3$%a! "ebt&. S$%ce thee *as %& %&-at$&% the

&b!$3at$&% &' the &$3$%a! "ebt& $s %&t e(t$%3u$she". Thus the

&b!$3at$&% &' H.,. c&%stuct$&% t& MSI subs$sts.

XIII.

,steban and 6artha had four -;) children3 Colando <un 6ar= and Bector.

Colando had a daughter ,dith while 6ar= had a son Philip. After the death

of ,steban and 6artha their three -() parcels of land were ad"udicated to <un.

After the death of <un the properties passed to his surviving spouse Anita

and son /esar. *hen Anita died her share went to her son /esar. Ten -'&)

years after /esar died intestate without any issue. Peachy AnitaHs sister

ad"udicated to herself the properties as the only surviving heir of Anita and

/esar. ,dith and Philip would li=e to recover the properties claiming that they

should have been reserved by Peachy in their behalf and must now revert

bac= to them.

Is the contention of ,dith and Philip valid+ -;)

SUGGESTED ANSWER:

N&.

The$ c&%te%t$&% $s %&t -a!$" as the &ety $s %&t sub)ect t&

ese-a t&%ca!. U%"e At$c!e +1 &' the c$-$! c&"e the asce%"a%t

*h& $%he$ts '&# h$s "esce%"a%t %ay &ety *h$ch the !atte #ayha-e eCu$e" by 3atu$t&us t$t!e '&# a%&the asce%"a%t & a

b&the & s$ste $s &b!$3e" t& ese-e such &ety as he #ay ha-e

acCu$e" by &eat$&% &' !a* '& the be%et &' e!at$-es *h& ae

*$th$% the th$" "e3ee a%" *h& be!&%3 t& the !$%e '&# *h$ch sa$"

&ety ca#e. Thee $s %& ese-a t&#ca! hee because A%$ta $s

%&t a% "esce%"a%t & a b&the & s$ste &' Hu%. Hu% ca%%&t Cua!$'y as



a e&s$tus because the &ety *h$ch he $%he$te" '&# h$s

asce%"a%t *as %&t $%he$te" by a%&the asce%"a%t by &eat$&% &'

!a*.

I% Me%"&6a -. &!$ca$& ;G.R. N&.1722 #ach 20201< the

c&ut u!e" that the !$%ea! chaacte &' the ese-ab!e &ety $sec/&%e" '&# the asce%"a%t '&# *h&# the e&s$tus ece$-e"

the &ety by 3atu$t&us t$t!e. I% th$s case the &*%esh$ sh&u!"

be ec/&%e" &%!y '&# Hu% as he $s the asce%"a%t '&# *h&# ,esa

$%he$te" the &et$es #&e&-e At$c!e +1 &' the c$-$! c&"e

&-$"es that the es&% &b!$3e" t& ese-e the &ety sh&u!" be

a% asce%"a%t. eachy $s %&t ,esaJs asce%"a%t but a #ee c&!!atea!

e!at$-e.

XI?.

A pedestrian who was four -;) months pregnant was hit by a bus driver

while crossing the street. Although the pedestrian survived the fetus inside

her womb was aborted. /an the pedestrian recover damages on account of

the death of the fetus+ -')

-A) Mes because of Article %%& of the /ivil /ode which allows the

surviving heirs to demand damages for mental anguish by reason of

the death of the deceased.

-) Mes for as long as the pedestrian can prove that she was not at

fault and the bus driver was the one negligent.

-/) 2o because a fetus is not a natural person.

-K) 2o if the fetus did not comply with the re#uirements under Article

;' of the /ivil /ode.

SUGGESTED ANSWER:

B< Yes '& as !&%3 as the e"est$a% ca% &-e that she *as

%&t at 'au!t a%" the bus "$-e the &%e %e3!$3e%t.

N&te: =ette A #ay a!s& be c&%s$"ee" c&ect &% the

acc&u%t &' At$c!e 11 Sect$&% 12 &' the 1+ ,&%st$tut$&%



*h$ch &-$"es that L the State ((( sha!! eCua!!y &tect

the !$'e &' the #&the a%" the !$'e &' the u%b&% '&#

c&%cet$&% (((. , a%" D #ay a!s& be c&%s$"ee" c&ect.

X?.

6r. ong owns several properties in Pasig /ity. Be decided to build a

condominium named Flores de 6anila in one of his lots. To fund the pro"ect

he obtained a loan from the 2ational an= -2) secured by a real estate

mortgage over the ad"oining property which he also owned.

Kuring construction he built three -() pumps on the mortgaged property to

supply water to the condominium. After one -') year the pro"ect was

completed and the condominium was turned over to the buyers. Bowever 6r.

ong failed to pay his loan obligation to 2. Thus 2 foreclosed the

mortgaged property where the pumps were installed. Kuring the sale on

public auction of the mortgaged property 6r. Simon won in the bidding.

*hen 6r. Simon attempted to ta=e possession of the property the

condominium owners who in the meantime constituted themselves into

Flores de 6anila Inc. -F6I) claimed that they have earlier $led a case for the

declaration of the e!istence of an easement before the Cegional Trial /ourt

-CT/) of Pasig /ity and prayed that the easement be annotated in the title of

the property foreclosed by 2. F6I further claimed that when 6r. ong

installed the pumps in his ad"oining property a voluntary easement was

constituted in favor of F6I.

*ill the action prosper+ -;)

SUGGESTED ANSWER:

Yes the act$&% *$!! &se. At$c!e 72 &' the c$-$! c&"e &-$"es that

*he% a% aae%t s$3% &' ease#e%t e($sts bet*ee% t*& estates

estab!$she" & #a$%ta$%e" by the &*%e &' b&th sha!! be c&%s$"ee"

as a t$t!e t& the ease#e%t sh&u!" the &*%e &' t*& &et$es

a!$e%ate &%e &' the# u%!ess at the t$#e the &*%esh$ bet*ee% the

t*& estates $s "$-$"e" the c&%tay $s &-$"e" $% the "ee" &' tas'e

& the aae%t s$3% &' ease#e%t $s e#&-e" be'&e the a(ecut$&% &'

the "ee";$-at$6at$&% a%" Ma%a3e#e%t ce -. =e3ase T&*e 00

I%c.;5 S,RA +2<.I% th$s case %e$the a%y sh&*$%3 that the



aae%t s$3% &' the ease#e%t *as e#&-e" be'&e the sa!e &%

ub!$c auct$&% %& that thee *as a% a3ee#e%t that the ease#e%t

*$!! %& !&%3e c&%t$%ueF he%ce the e%t$t!e#e%t &' 4MI t& the

ease#e%t subs$sts.

X?I.

A congregation for religious women by way of commodatum is using the real

property owned and registered in the name of Spouses 6anuel as a retreat

house.

6aria a helper of the congregation discovered a chest in the bac=yard. *hen

she opened the chest it contained several pieces of "ewelry and money. -;)

-A) /an the chest containing the pieces of "ewelry and money be

considered as hidden treasure+

-) *ho has the right to claim ownership of it+

SUGGESTED ANSWER:

;A< Yes the chest c&%ta$%$%3 the $eces &' )e*e!y a%" #&%ey

#ay be c&%s$"ee" as h$""e% teasue as !&%3 as they aeh$""e% a%" u%/%&*% a%" the !a*'u! &*%esh$ &' $ts "&es %&t

aea as &-$"e" $% At$c!e &' the c$-$! c&"e.;B<;,< U%"e At$c!e + &' the c$-$! c&"e *he% the "$sc&-ey &'

h$""e% teasue $s #a"e &% the &ety &' a%&the &%eha!'

thee&' sha!! be a!!&*e" t& the %"e &-$"e" the %"e $s %&t

tesasse. I% th$s case the &*%e &' the !a%" ae s&uses

Ma%ue!. S&uses Ma%ue! &*%s &%eha!' &' the h$""e% teasue

s$%ce &*%esh$ $s %&t ta%s'ee" t& the ba&*e but $s

eta$%e" by the !e%"e $% a c&%tact &' c&##&"atu# . The&"e ha!' sha!! be!&%3 t& Ma$a as the %"e.

X?II.

En 6arch (& %&&& 6ariano died intestate and was survived by his wife



@eonora and children Kanilo and /arlito. Ene of the properties he left was a

piece of land in Alabang where he built his residential house.

After his burial @eonora and 6arianoHs children e!tra"udicially settled his

estate. Thereafter @eonora and Kanilo advised /arlito of their intention to

partition the property. /arlito opposed invo=ing Article 'O8 of the Family/ode. /arlito alleged that since his minor child @ucas still resides in the

premises the family home continues until that minor bene$ciary becomes of

age.

Is the contention of /arlito tenable+ -;)

SUGGESTED ANSWER:

N& the c&%te%t$&% &' ,at!$t& $s %&t te%ab!e. I% th$s case &'

at$c$& -. Da$&;G.R. N&.10+2 N&-e#be 202007< $t *as

&-$"e" that t& be a be%ec$ay &' a 'a#$!y h&#e thee

eCu$s$tes #ust c&%cu: ;1< they #ust be a#&%3 the

e!at$&%sh$s e%u#eate" $% At$c!e 15 &' the 'a#$!y c&"eF;2<

they !$-e $% the 'a#$!y h&#e a%" ;< they ae "ee%"e%t '&

!e3a! su&t u&% the hea" &' the 'a#$!y .I% the sa$" case the

at$t$&% &' a 'a#$!y h&#e $s a!!&*e" "es$te the &b)ect$&% &%

the 3&u%" that a #$%& 3a%"ch$!" st$!! es$"es $% the

e#$ses.

A!th&u3h the st t*& eCu$s$tes ae ese%t $% th$s case the

th$" $s !ac/$%3 because =ucas the 3a%"ch$!" $s %&t

"ee%"e%t '& !e3a! su&t u&% h$s 3a%"ae%ts *h$ch the

hea" &' the 'a#$!y *h& c&%st$tute" the 'a#$!y h&#e $% th$s

case. =ucas st$!! has ae%ts *h& ae !e3a!!y &b!$3e" t& su&th$#. Thus he ca%%&t be "ee#e" as "ee%"e%t '& !e3a!

su&t u&% the hea" &' the 'a#$!y *h& $s Ma$a%&.

X?III.



Spouses 6agtanggol managed and operated a gasoline station on a '&&&

s#.m. lot which they leased from Francisco igla?awa. The contract was for a

period of three -() years. *hen the contract e!pired Francisco as=ed the

spouses to peacefully vacate the premises. The spouses ignored the demand

and continued with the operation of the gasoline station.

Ene month after Francisco with the aid of a group of armed men caused the

closure of the gasoline station by constructing fences around it.

*as the act of Francisco and his men lawful+ *hy+ -;)

SUGGESTED ANSWER:

N& the act &' 4a%c$sc& a%" h$s #e% *ee %&t !a*'u!.

E-e% *he% &%e has a $3ht such as the $3ht t& e%)&y h$s&ety a%" t& e(c!u"e a%y&%e e!se '&# the e%)&y#e%t &'

such a es&% ca%%&t ta/e the !a* u%t& h$s &*% ha%"s a%"

#ust st$!! !e the &e act$&% $% c&ut. E-e% th&u3h 4a%c$sc&

ha" the $3ht t& 'e%ce h$s &ety as at &' h$s $3ht t& e%)&y

$t S&uses #a3ta%33&! ae c&-ee" by At.5 *h$ch &-$"es

that e-ey &ssess& has the $3ht t& be esecte" $% h$s

&ssess$&% "es$tes the !ase &' the$ !ease. A!th&u3h thee $s

%& aae%t '&ce & $%t$#$"at$&% e#!&ye" 'e%c$%3 &8 the

&ety *&u!" e-e%t S&uses #a3ta%33&! '&# e%te$%3a%" &ssess$%3 the &ety. The &e ec&use &' 4a%c$sc&

$s %&t $%-&/e the a$" &' a c&#ete%t c&ut a%" !e a% act$&%

u%!a*'u! "eta$%e.

XIX.

*ho en"oys the Cight of Cetention+ -')

-A) Kepositary until full payment of what may be due him in deposit.

-) @essee if he advances the e!penses for the repair of the leased

premises.

-/) ailee if bailor owes him something.



-K) uilder in bad faith for the recovery of necessary and useful

e!penses.

SUGGESTED ANSWER:

;A< De&s$tay u%t$! 'u!! ay#e%t &' *hat #ay be "ue h$# $%"e&s$t.

XX.

6abuhay ,lementary School organized a $eld trip for its 7rade I students in

Fort Santiago 6anila Noo and Star /ity. To be able to "oin the parents of the

students had to sign a piece of paper that reads as follows3

QI allow my child -name of student) 7rade Section to "oin the schoolHs $eldtrip on February '; %&';.

I will not $le any claim against the school administrator or teacher in case

something happens to my child during the trip.Q

<oey a D?year?old student of 6abuhay ,lementary School was bitten by a

sna=e while the group was touring 6anila Noo. The parents of <oey sued the

school for damages. The school as a defense presented the waiver signed

by <oeyHs parents.

*as there a valid waiver of right to sue the school+ *hy+ -;)

SUGGESTED ANSWER:

N& thee *as %& -a!$" *a$-e &' the $3ht t& sue the sch&&!. At$c!e7 &' the c$-$! c&"e &-$"es that $3ht #ay be *a$-e u%!ess tha

*a$-e $s c&%tay &' !a* ub!$c &"e ub!$c &!$cy #&a!s & 3&&"

cust&#s & e)u"$c$a! t& a es&% *$th a $3ht ec&3%$6e" by

=a*.As a 3e%ea! u!e at$#&%$a! $3hts #ay be *a$-e" as

&&se" t& $3ht t& es&%a!$ty a%" 'a#$!y $3hts *h$ch #ay %&t be

#a"e the sub)ect &' *a$-e;?a!e%6ue!a ha"*&&" $%"ust$a!



su!y I%c. -. c&ut &' aea!s ;G.R. N&. 10217 Hu%e 01<.

The sec&%" aa3ah &' the *a$-e &h$b$t$%3 the ae%t t& !e

a%y c!a$# a3a$%st the sch&&! a"#$%$stat& & teache $% case

s&#eth$%3 hae%s t& the ch$!" "u$%3 the $s a3a$%st ub!$c &!$cy

because $t e#&-es !$ab$!$ty '&% sa$" sch&&! a"#$%$stat& &teache a%" thus e#&-$%3 the es&%s$b$!$ty $#&se" &% the# by

At$c!e 21+ &' the 'a#$!y c&"e.

XXI.

A delayed accession is3 -')

-A) formation of an island

-) avulsion

-/) alluvium

-K) change in the course of the riverbed

SUGGESTED ANSWER:

;B< A-u!s$&%

At$c!e 5 &' the c$-$! c&"e.

XXII.

En 6arch %D '89& /ornelio $led an application for land registration

involving a parcel of agricultural land that he had bought from Isaac identi$ed

as @ot 2o. %D' with an area of one -') hectare. Kuring the trial /ornelioclaimed that he and his predecessors?in?interest had been in open

continuous uninterrupted public and adverse possession and occupation of

the land for more than thirty -(&) years. Be li=ewise introduced in evidence a

certi$cation dated February '% '89' citing a presidential declaration to the

e0ect that on <une '; '89& agricultural lands of the public domain including

the sub"ect matter of the application were declared alienable and disposable

agricultural land. -;)



-A) If you are the "udge will you grant the application for land

registration of /ornelio+

-) /an /ornelio ac#uire said agricultural land through ac#uisitive

prescription whether ordinary or e!traordinary+

SUGGESTED ANSWER:

;A< I *$!! %&t 3a%t the a!$cat$&% '& e3$stat$&%. U%"e the

!a* sec$ca!!y Sect$&% + ;b< &' ub!$c !a%" act;,A N&.11<as

a#e%"e" by D N&.10 sect$&% 1 ;1< &' the &ety

Re3$stat$&% "e3ee ;D N&. 152< $t $s eCu$e" that the

a!$ca%t by h$#se!' & th&u3h h$s e"ecess&s$%$%teest

has bee% $% &e% c&%t$%u&us e(c!us$-e a%" %&t&$&us&ssess$&% a%" &ccuat$&% &' a!$e%ab!e a%" "$s&sab!e !a%" &'

the ub!$c "&#a$% u%"e a b&%a "e &' &*%esh$ s$%ce Hu%e

12 15& ea!$e.

I%teet$%3 Sect$&% 1 ;1< &' D N&.152 the sue#e ,&ut

he!" that $% #ee!y eCu$es the &ety s&u3ht t& be

e3$stee" as a!ea"y a!$e%ab!e a%" "$s&sab!e at the t$#e the

a!$cat$&% '& e3$stat$&% $s !e" a%" %&t "u$%3 the e%t$e

e$&" &' &ssess$&% & s$%ce )u%e 12 15.;eub!e$ -.

%a3u$t G.R. N&.105 Ha%. 12005 Ma!aba%a% -.Reub!$c G.R. N&. 1+ Set. 201 a#&%3 &thes< I% th$s

case the !a%" a!$e" '& by ,&%e!$& *as "ec!ae" a!$e%ab!e

a%" "$s&sab!e a3$cu!tua! !a%" &%!y &% Hu%e 1 1+0 &

a!#&st thee #&%ths '&# the "ate &' the !$%3 &' h$s

a!$cat$&% &% Mach 21+0. 9e%ce h$s a!$cat$&% '&

e3$stat$&% ca%%&t be 3a%te".

;B< Ne$the ca% ,&%e!$& acCu$e the !a%" th&u3h acCu$s$t$-e

esc$t$&% *hethe &"$%ay;&ssess$&% '& 10 yeas $% 3&&"

'a$th & *e )ust t$t!e<.As a u!e &et$es &' ub!$c "&#$%$&%ca%%&t be acCu$e" by esc$t$&%.

The e(cet$&% $s sect$&% 1 ;2< &' D N&. 152 *h$ch a!!&*s a

Cua!$e" $%"$-$"ua! t& a!y '& the e3$stat$&% &' &ety

*h$ch has bee% acCu$e" by esc$t$&% u%"e e($st$%3 !a*s.

At$c!e 111 &' the c$-$! c&"e &-$"es the '&u%"at$&% '& the



a!$cat$&% &' sect$&% 1 ;2< t& the e8ect that &%!y *he% !a%"

&' the ub!$c "&#a$% $s at$#&%$a! a%" he%ce $-ate $%

chaacte ca% sa$" !a%" be suscet$b!e t& acCu$s$t$-e

esc$t$&%.

But $% &"e that !a%" &' the ub!$c "&#a$% #ay bec&#eat$#&%$a! &ety thee #ust be a% e(ess "ec!aat$&% by

the state that such !a%" $s %& !&%3e %ee"e" '& ub!$c se-$ce

& '& the "e-e!&#e%t &' the %at$&%a! *ea!th t& c&%-et $t as

such. I% th$s case thee $s %& such &c$a! "ec!aat$&% he%ce

the !a%" ca%%&t be sub)ect &' acCu$s$t$&% th&u3h esc$t$&%.

XXIII.

After undergoing se! reassignment in a foreign country <ose who is now

using the name of Q<osieQ married his partner Ador. Is the marriage valid+

-')

-A) Mes the marriage is valid for as long as it is valid in the place where

it is celebrated following Article 'D of the /ivil /ode.

-) Mes the marriage is valid if all the essential and formal elements of

marriage under the Family /ode are present.

-/) 2o the marriage is not valid because one essential element of

marriage is absent.

-K) 2o the marriage is not valid but is voidable because Q<osieQ

concealed her real identity.

SUGGESTED ANSWERF

;c< N& the #a$a3e $s %&t -a!$" because &%e esse%t$a! e!e#e%t&' #a$a3e $s abse%t.

At$c!e 2 &' the ,$-$! ,&"e.

XXI?.

Ted married to Annie went to /anada to wor=. Five -O) years later Ted



became a naturalized /anadian citizen. Be returned to the Philippines to

convince Annie to settle in /anada. Unfortunately Ted discovered that Annie

and his friend @ouie were having an a0air. Keeply hurt Ted returned to

/anada and $led a petition for divorce which was granted. In Kecember %&'(

Ted decided to marry his childhood friend /orazon in the Philippines. In

preparation for the wedding Ted went to the @ocal /ivil Cegistry of uezon/ity where his marriage contract with Annie was registered. Be as=ed the

/ivil Cegister to annotate the decree of divorce on his marriage contract with

Annie. Bowever he was advised by the 2ational Statistics EGce -2SE) to $le

a petition for "udicial recognition of the decree of divorce in the Philippines.

Is it necessary for Ted to $le a petition for "udicial recognition of the decree of

divorce he obtained in /anada before he can contract a second marriage in

the Philippines+ -;)

SUGGESTED ANSWER:

N&$ts %&t %ecessay '&t Te" t& !e a et$t$&% '& )u"$c$a!

ec&3%$t$&% &' the "ecee &' "$-&ce he &bta$%e" $% ,a%a"a

be'&e he ca% c&%tact a sec&%" #a$a3e $% the h$!$$%es.

Te" *h& $s a!ea"y a '&e$3%e be$%3 a %atua!$6e" ,a%a"$a%

c$t$6e% *$!! be eCu$e" t& sub#$t a cet$cate &' !e3a! caac$ty

t& c&%tact #a$a3e $ssue" by &e "$!&#at$c & c&%su!a

&c$a! t& &bta$% a #a$a3e !$ce%se.

XX?.

6ario e!ecuted his last will and testament where he ac=nowledges the child

being conceived by his live?in partner <osie as his own childR and that his

house and lot in aguio /ity be given to his unborn conceived child. Are the

ac=nowledgment and the donation mortis causa valid+ *hy+ -;)

SUGGESTED ANSWER:

The ac/%&*!e"3e#e%t &' the u%b&% ch$!" $s e8ect$-e because

a *$!! #ay st$!! c&%st$tute a "&cu#e%t *h$ch c&%ta$%s a%

a"#$ss$&% &' $!!e3$t$#ate !$at$&%. The "&%at$&% &' the

c&%ce$-e" ch$!" $s a!s& -a!$" &-$"e" that the ch$!" $s b&%



!ate &% a%" that $t c&#!y *$th the '&#a!$t$es eCu$e" &' a

*$!! ;At$c!e 2+,$-$! ,&"e<. A 'etus has a esu#t$-e

es&%a!$ty '& a!! u&ses 'a-&ab!e t& $t &-$"e" $t be b&%

u%"e the c&%"$t$&% sec$e" $% At$c!e 1.9&*e-e thee has

t& be c&#!$a%ce *$th the '&#a! eCu$s$tes '& a -a!$" !ast *$!!

a%" testa#e%t.

XX?I.

Isaac leased the apartment of Korotea for two -%) years. Si! -) months after

Isaac subleased a portion of the apartment due to $nancial diGculty. Is the

sublease contract valid+ -')

-A) Mes it is valid for as long as all the elements of a valid subleasecontract are present.

-) Mes it is valid if there is no e!press prohibition for subleasing in the

lease contract.

-/) 2o it is void if there is no written consent on the part of the lessor.

-K) 2o it is void because of breach of the lease contract.

SUGGESTED ANSWER:

B< Yes $t $s -a!$" $' thee $s %& e(ess &h$b$t$&% '&

sub!eas$%3 $% the !ease c&%tact.

At$c!e 1750 &' the ,$-$! ,&"e.

XX?II.

Fe ,speranza and /aridad inherited from their parents a O&& s#. m. lot

which they leased to 6aria for three -() years. Ene year after Fe claiming to

have the authority to represent her siblings ,speranza and /aridad o0ered to

sell the leased property to 6aria which the latter accepted. The sale was not

reduced into writing but 6aria started to ma=e partial payments to Fe which

the latter received and ac=nowledged. After giving the full payment 6aria



demanded for the e!ecution of a deed of absolute sale which ,speranza and

/aridad refused to do. *orst 6aria learned that the siblings sold the same

property to 6anuel. This compelled 6aria to $le a complaint for the

annulment of the sale with speci$c performance and damages.

If you are the "udge how will you decide the case+ -;)

SUGGESTED ANSWER:

I *$!! "ec$"e $% 'a-& &' Ma$a but &%!y as t& the shae &' 4e

a%" "$s#$ss the c&#!$a%t *$th t& Esea%6a a%" ,a$"a".The

&ety $% Cuest$&% $s c&&*%e" by 4e Esea%6a a%" ca$"a"

s$%ce $t has %&t yet bee% "$-$"e" a#&%3 the#.

At$c!e &' the c$-$! c&"e &-$"es that each c&&*%e sha!!

ha-e 'u!! &*%esh$ &' h$s at a%" &' the 'u$ts a%" be%ets

eta$%$%3 theet& a%" he #ay thee'&e a!$e%ate ass$3% &

#&t3a3e $t &-$"e" that the e8ect &' such a!$e%at$&% &

#&t3a3e sha!! be !$#$te" t& the &t$&% *h$ch #ay be a!!&tte"

t& h$# $% the "$-$s$&% u&% the te#$%at$&% &' the c&

&*%esh$. The sa!e by 4e t& Ma$a *&u!" thee'&e be b$%"$%3

&% he 1O $%teest but %&t &% the 2O $%teest &' Esea%6a

a%" ,a$"a" because the$ shaes *ee %&t -a!$"!y s&!" t&

Ma$a $% the abse%ce &' a *$tte% auth&$ty t& 4e t& se!! the$esect$-e &t$&% t& #a$a as eCu$e" by At$c!e 1+ &' the

c$-$! c&"e. 4e ca% &%!y se!! *hate-e &ety $3ht she has $.e.

1O $"ea! &t$&% & u%"$-$"e" $%teest $% the 500 sC.#. !&t.

The sa!e t& Ma%ue! $s -a!$" as t& the 2O shae &' Esea%6a

a%" ,a$"a".

XX?III.

Spouses ,steban and 6aria decided to raise their two -%) nieces Faith and

Bope both minors as their own children after the parents of the minors died

in a vehicular accident.

Ten -'&) years after ,steban died. 6aria later on married her boss Kaniel a

ritish national who had been living in the Philippines for two -%) years.



*ith the permission of Kaniel 6aria $led a petition for the adoption of Faith

and Bope. She did not include Kaniel as her co?petitioner because for 6aria

it was her former husband ,steban who raised the =ids.

If you are the "udge how will you resolve the petition+ -;)

SUGGESTED ANSWER:

I *$!! "e%y the et$t$&% '& a"at$&%. Acc&"$%3 t& RA +552 &

the D&#est$c a"&t$&% Act &' 1+ a husba%" a%" *$'e #ust

)&$%t!y a"&t e(cet $% the '&!!&*$%3 cases ;1< $' &%e s&use

see/ t& a"&t the !e3$t$#ate ch$!" &' the &theF 2<$' &%e s&use

see/ t& a"&t h$sOhe &*% $!!e3$t$#ate ch$!" &-$"e" that the

&"e s&use s$3%$e" the$ c&%se%t theet&F & < $' the

s&uses ae !e3a!!y seaate" '&# each &theF

I% th$s case s$%ce Da%$e! a%" Ma$a "& %&t 'a!! u%"e a%y &' the

e(cet$&% e%u#eate" ab&-e they #ust )&$%t!y a"&t as

eCu$e" by !a*.

XXIX.

Timothy e!ecuted a 6emorandum of Agreement -6EA) with ristopher

setting up a business venture covering three -() fastfood stores =nown as

QBungry ToppingsQ that will be established at 6all Uno 6all Kos and 6all Tres.

The pertinent provisions of the 6EA provides3

'. Timothy shall be considered a partner with thirty percent -(&)

share in all of the stores to be set up by ristopherR

%. The proceeds of the business after deducting e!penses shall be

used to pay the principal amount of PO&&&&&.&& and the interest

therein which is to be computed based on the ban= rate representingthe ban= loan secured by TimothyR

(. The net pro$ts if any after deducting the e!penses and payments

of the principal and interest shall be divided as follows3 seventy

percent -D&) for ristopher and thirty percent -(&) for TimothyR

;. ristopher shall have a free hand in running the business without



any interference from Timothy his agents representatives or assigns

and should such interference happen ristopher has the right to buy

bac= the share of Timothy less the amounts already paid on the

principal and to dissolve the 6EAR and

O. ristopher shall submit his monthly sales report in connection withthe business to Timothy.

*hat is the contractual relationship between Timothy and ristopher+ -;)

SUGGESTED ANSWER:

The c&%tactua! e!at$&%sh$ bet*ee% T$#&thy a%" $st&he

$s that &' at%esh$. At$c!e 17 &' the c$-$! c&"e &-$"es

that u%"e a c&%tact &' at%esh$ t*& & #&e es&% b$%"

the#se!-es t& c&%t$bute #&%ey &ety & $%"usty t& a

c&##&% 'u%" *$th the $%te%t$&% &' "$-$"$%3 the &ts a#&%3

the#se!-es.

M&e&-e At$c!e 17 &' the c$-$! c&"e state $% at that

ece$t by a es&% &' a shae &' the &t &' a bus$%ess $s

$#a 'ac$e e-$"e%ce that he $s a at%e $% the bus$%ess

&-$"e" that the sa$" &t *ee %&t ece$-e" $% ay#e%t '&

"et as *a3es a%%u$ty $%teest &% a !&a% & as c&%s$"eat$&%'& a sa!e. I% th$s case the MA bet*ee% T$#&thy a%"

/$st&he st$u!ate" that they sha!! shae $% the &ts &' the

bus$%ess 00. The c&%t$but$&% &' the at%e $%c!u"e a ba%/

!&a% &bta$%e" by T$#&thy a%" $%"usty $% the '&# #a%a3$%3

the &et$es by /$st&he. Thus the eCu$s$tes '&

estab!$sh$%3 a c&%tact &' at%esh$ ae c&#!$e" *$th.

XXX.

<oe 6iguel a well?=nown treasure hunter in 6indanao e!ecuted a Special

Power of Attorney -SPA) appointing his nephew <ohn Paul as his attorney?

infact. <ohn Paul was given the power to deal with treasure?hunting activities

on <oe 6iguelHs land and to $le charges against those who may enter it

without the latterHs authority. <oe 6iguel agreed to give <ohn Paul forty

percent -;&) of the treasure that may be found on the land.



Thereafter <ohn Paul $led a case for damages and in"unction against @ilo for

illegally entering <oe 6iguelHs land. Subse#uently he hired the legal services

of Atty. Audrey agreeing to give the latter thirty percent -(&) of <oe 6iguelHs

share in whatever treasure that may be found in the land.

Kissati$ed however with the strategies implemented by <ohn Paul <oe 6iguelunilaterally revo=ed the SPA granted to <ohn Paul.

Is the revocation proper+ -;)

SUGGESTED ANSWER:

Yes the e-&cat$&% $s &e At$c!e 120 &-$"es that the

$%c$a! #ay e(ess!y & $#!$e"!y e-&/e the a3e%cy at *$!!

a%" c&#e! the a3e%t t& etu% the "&cu#e%t e-$"e%c$%3 the

a3e%cy. H&e M$3ue! #ay h&*e-e be he!" !$ab!e '& "a#a3es $' he abuse" h$s $3ht $% e-&/$%3 the a3e%cy.

201 BAR EXAMS ;M,<

I.

Armand died intestate. Bis full?blood brothers obby and /onrad and

half?blood brothers Kanny ,dward and Floro all predeceased him. Thefollowing are the surviving relatives3'. enny and onnie legitimate children of obbyR%. /esar legitimate child of /onradR(. Kante illegitimate child of KannyR;. ,rnie adopted child of ,dwardR andO. Feli! grandson of Floro.

The net value of Armand:s estate is Pl%&&&&&.I. -') Bow much do enny and onnie stand to inherit by right ofrepresentation+ -')

-A) P%&&&&&-) P(&&&&&-/) P;&&&&&-K) P'O&&&&;E< N&%e &' the ab&-e.

Suggested Answer3-,) 2one of the above. If all the brothers>sisters are dis#uali$ed to



inherit the nephews>nieces inherit per capita and not by right ofrepresentation -Art 8DO /ivil /ode)

I. -%) Bow much is Kante:s share in the net estate+ -')-A) P'O&&&&.

-) P%&&&&&.-/) P(&&&&&.-K) P;&&&&&.;E< N&%e &' the ab&-e.

SU77,ST,K A2S*,C3 ,. 2one of the above. There is no showing that Kanny is an illegitimatehalf?blood brother of Armand. In the absence of proof to the contrarythe law presumes that the relationship is legitimate. Thus Kante anillegitimate child of Kanny is barred from inheriting from Armandpursuant to the iron curtain ruleV which dis#uali$es an illegitimate

child from inheriting ab intestao from the legitimate children andrelatives of his father or mother and vice versa -Art 88% /ivil /ode).

I. -() Bow much is ,rnie:s share in the net estate . -')-A) P &.-) P;&&&&&.-/) P'O&&&&.-K) P%&&&&&.-,) 2one of the above.

SU77,ST,K A2S*,C3

;A< 0 & ;E< N&%e &' the ab&-e. The legal relationship created byadoption is strictly between the adopter and the adopted. It does note!tend to the relatives of either party -Sayson v. /A 7.C. 2os. 98%%;?%O <an %( '88%). -2ote3 ,. 2one of the aboveHV is another answerbecause ,rnie has no share at all in the net estate).I. -;) Bow much is Feli!:s share in the net estate+ -')-A) P;&&&&&.-) P'O&&&&.-/) P(&&&&&.-K) P&.-,) 2one of the above.

SU77,ST,K A2S*,C3;D<. 0. ;E< N&%e &' the ab&-e. In the collateral linerepresentation is granted only to children of brother or sisters Feli! is agrandson of a predeceased brother. -2ote3 ,. 2one of the above3 isanother answer because Feli! has no share at all in the net estate)



II.

A / and K are the solidary debtors of L for P;&&&&. L released Kfrom the payment of his share of PI &&&&. *hen the obligation becamedue and demandable / turned out to be insolvent.

Should the share of insolvent debtor / be divided only between thetwo other remaining debtors A and + -')

-A) Mes. Cemission of K:s share carries with it total e!tinguishmentof his obligation to the bene$t of the solidary debtors.

-) Mes. The /ivil /ode recognizes remission as a mode of

e!tinguishing an obligation. This clearly applies to K.-/) 2o. The rule is that gratuitous acts should be restrictivelyconstrued allowing only the least transmission of rights.

-K) 2o as the release of the share of one debtor would thenincrease the burden of the other debtors without their consent.

Suggested Answer:

-K) 2o as the release of the share of one debtor would then increase theburden of the other debtors without their consent.

*hen one of the solidary debtors cannot because of his insolvencyreimburse his share to the debtor paying the obligation such shareshall be borne by all his co?debtors in proportion to the debt of each-Art '%'D /ivil /ode). Additionally K was released only from his shareof P'&&&&.&& not from the solidary tie that binds him to A and /.

III.

Amador obtained a loan of P(&&&&& from asilio payable on 6arch%O%&'%. As security for the payment of his loan Amador constituted a

mortgage on his residential house and lot in asilio:s favor./acho agood friend of Amador guaranteed and obligated himself to payasilio in case Amador fails to pay his loan at maturity.

I. ;1< If Amador fails to pay asilio his loan on 6arch %O %&'% can asiliocompel /acho to pay+ -')



-A) 2o asilio cannot compel /acho to pay because as guarantor /achocan invo=e the principle of e!cussion i.e. all the assets of asilio must$rst be e!hausted.

-) 2o asilio cannot compel /acho to pay because asilio has note!hausted the available remedies against Amador.

-/) Mes asilio can compel /acho to pay because the nature of /acho:sunderta=ing indicates that he has bound himself solidarily withAmador.

-K) Mes asilio can compel /acho who bound himself to unconditionallypay in case Amador fails to payR thus the bene$t of e!cussion will notapply.

Suggested Answer:

-) 2o asilio cannot compel /acho to pay because asilio has note!hausted the available remedies against Amador.

The guarantor cannot be compelled to pay the creditor unless thelatter has e!hausted all the property of the debtor and has resorted toall the legal remedies against the debtor -Art. %&O9 /ivil /ode)

-2ote3 AV is not the correct answer because it states that all theassets ofasilio -the creditor) must $rst be e!haustedV)

I. ;2< If Amador sells his residential house and lot to Kiego can asilioforeclose the real estate mortgage+ -')

-A) Mes asilio can foreclose the real estate mortgage because real estatemortgage creates a real right that attaches to the property.

-) Mes asilio can foreclose the real estate mortgage. It is binding uponKiego as the mortgage is embodied in a public instrument.

-/) 2o asilio cannot foreclose the real estate mortgage. The sale confersownership on the buyer Kiego who must therefore consent.

-K) 2o asilio cannot foreclose the real estate mortgage. To deprive thenew owner of ownership and possession is un"ust and ine#uitable.

Suggested Answer:

-) Mes asilio can foreclose the real estate mortgage. It is binding uponKiego as the mortgage is embodied in a public instrument.

Since the mortgage is in a public instrument there is constructivenotice to Kiego who is the buyer if the mortgaged property.

Alternative Answer:



-/) 2o asilio cannot foreclose the real estate mortgage. The sale confersownership on the buyer Kiego who must therefore consent.

The mortgage is not registered thus cannot be binding against

third persons -Art. %'%O /ivil /ode)

I?.

/ruz lent <ose his car until <ose $nished his ar e!ams. Soon after /ruzdelivered the car <ose brought it to 6itsubishi /ubao for maintenancechec= up and incurred costs of P9&&&. Seeing the car:s peeling andfaded paint <ose also had the car repainted for P'&&&&. Answer thetwo #uestions below based on these common facts.

I. -') After the bar e!ams /ruz as=ed for the return of his car. <osesaid he would return it as soon as /ruz has reimbursed him for the carmaintenance and repainting costs of P '9&&&. Is <ose:s refusal "usti$ed+-A) 2o <ose:s refusal is not "usti$ed. In this =ind of contract <ose isobliged to pay for all the e!penses incurred for the preservation of thething loaned.

-) Mes <ose:s refusal is "usti$ed. Be is obliged to pay for all theordinary and e!traordinary e!penses but sub"ect to reimbursement

from /ruz.

-/) Mes <ose:s refusal is "usti$ed. The principle of un"ust enrichmentwarrants the reimbursement of <ose:s e!penses

;D< N& H&se@s e'usa! $s %&t )ust$e". The e(e%ses he $%cue"ae use'u! '& the ese-at$&% &' the th$%3 !&a%e". It $s H&se@s&b!$3at$&% t& sh&u!"e these use'u! e(e%ses.

=EGA= BASIS:2o <ose:s refusal is not "usti$ed. The e!penses he incurred are useful

for the preservation of the thing loaned. It is <ose:s obligation toshoulder these useful e!penses.In commodatum the bailee is obliged to pay for the ordinary e!pensesfor the use and preservation of the thing loaned -Art '8;' /ivil /ode). The bailee <ose has no right of retention on the ground that the bailorowes him something even if it may be by reason of e!penses. Be canonly retain it if he su0ers damages by reason of a 4aw or defect in thething loaned of which the bailor =nows -Art '8O' /ivil /ode).



I. -%) Kuring the bar e!am month <ose lent the car to his girlfriend <olie who par=ed the car at the 6all of Asia:s open par=ing lot with theignition =ey inside the car. /ar thieves bro=e into and too= the car. Is <ose liable to /ruz for the loss of the car due to <olie:s negligence+

-A) 2o <ose is not liable to /ruz as the loss was not due to his fault ornegligence.

-) 2o <ose is not liable to /ruz. In the absence of any prohibition <osecould lend the car to <olie. Since the loss was due to force ma"eureneither <ose nor <olie is liable.

;,< Yes H&se $s !$ab!e t& ,u6. S$%ce H&se !e%t the ca t& H&!$e*$th&ut ,u6@s c&%se%t H&se #ust bea the c&%seCue%t !&ss &'the ca.

-K) Mes <ose is liable to /ruz. The contract between them is personalin nature. <ose can neither lend nor lease the car to a third person.

=EGA= BASIS: Mes <ose is liable to /ruz. Since <ose lent the car to <olie without /ruz:sconsent <ose must bear the conse#uent loss of the car. The bailee isliable for the loss of the thing even if it should be through a fortuitousevent if he lends or leases the thing to a third person who is not amember of his household -Art '8;% /ivil /ode).

?

. -l) Assuming that the "ust and e#uitable share of the industrial partner P in

the pro$t in %&& amounted to P' &&&&& how much is the share of & a

limited partner in the P9&&&&& net pro$t+ -')

-A) P'&&&&.

-) P'DO&&&.

-/) P%9&&&&.

-K) P%&&&&&.

-,) 2one of the above.



. -%) In %&&D how much is the share of & a limited partner in the net loss of

PO&&&&&+ -')

-A) P &.

-) P' &&&&&.

-/) P'%O&&&.

-K) P%&&&&&.


. -() /an the partnership creditors hold @ & and Pliable after all the assets of

the partnership are e!hausted+ -')

-A) Mes. The stipulation e!empting P from losses is valid only among the

partners. @ is liable because the agreement limiting his liability to his capital

contribution is not valid insofar as the creditors are concerned. Baving ta=en

part in the management of the partnership & is liable as capitalist partner.

-) 2o. P is not liable because there is a valid stipulation e!empting him from

losses. Since the other partners allowed him to engage in an outside businessactivity the stipulation absolving P from liability is valid. For & it is basic that

a limited partner is liable only up to the e!tent of his capital contribution.

-/) Mes. The stipulations e!empting P and @ from losses are not binding upon

the creditors. & is li=ewise liable because the partnership was not formed in

accordance with the re#uirements of a limited partnership.

-K) 2o. The /ivil /ode allows the partners to stipulate that a partner shall not

be liable for losses. The registration of the Articles of Partnership embodying

such stipulations serves as constructive notice to the partnership creditors.



-,) 2one of the above is completely accurate.

Su33este" A%s*e:'. /

%. K(. ,Art. '9;9. A limited partner shall not become liable as a generalpartner unless in addition to the e!ercise of his rights and powers as alimited partner he ta=es part in the control of the business.

Art. 'D8D. The losses and pro$ts shall be distributed in conformity with the

agreement. If only the share of each partner in the pro$ts has been agreed

upon the share of each in the losses shall be in the same proportion.

In the absence of stipulation the share of each partner in the pro$ts and

losses shall be in proportion to what he may have contributed but theindustrial partner shall not be liable for the losses. As for the pro$ts the

industrial partner shall receive such share as may be "ust and e#uitable under

the circumstances. If besides his services he has contributed capital he shall

also receive a share in the pro$ts in proportion to his capital.

I.

7ary is a tobacco trader and also a lending investor. Be sold tobacco leavesto Bomer for delivery within a month although the period for delivery wasnot guaranteed. Kespite 7ary:s e0orts todeliver on time transportationproblems and government red tape hindered his e0orts and he could onlydeliver after (& days. Bomer refused to accept the late delivery and to payon the ground that the agreed term had not been complied with. As lendinginvestor 7ary granted a Pl&&&&&& loan to Isaac to be paid within two yearsfrom e!ecution of the contract. As security for the loan Isaac promised todeliver to 7ary his Toyota Innova within seven -D) days but Isaac failed to do

so. 7ary was thus compelled to demand payment for the loan before the endof the agreed two?year term.

I. -l) *as Bomer "usti$ed in refusing to accept the tobacco leaves+ -')

-A)Mes. Bomer was "usti$ed in refusing to accept the tobacco leaves. Thedelivery was to be made within a month. 7ary:s promise of delivery ona Qbest e0ortQ basis made the delivery uncertain. The term therefore



was ambiguous

-)2o. Bomer was not "usti$ed in refusing to accept the tobacco leaves.Be consented to the terms and conditions of the sale and must abideby it. Ebligations arising from contract have the force of law between

the contracting parties.

-/)Mes. Bomer was "usti$ed in his refusal to accept the delivery. Thecontract contemplates an obligation with a term. Since the deliverywas made after (& days contrary to the terms agreed upon 7arycould not insist that Bomer accept the tobacco leaves.

-K) 2o. Bomer was not "usti$ed in refusing to accept the tobacco leaves. There was no term in the contract but a mi!ed condition. The

ful$llment of the condition did not depend purely on 7ary:s will but onother factors e.g. the shipping company and the government. Bomershould comply with his obligation.

Suggested Answer

. 2o. Bomer was not "usti$ed in refusing to accept the tobaccoleaves. Be consented to the terms and conditions of the sale andmust abide by it. Ebligations arising from contract have the force oflaw between the contracting parties.

?II

@ito was a commercial pilot who 4ew for Paci$c?6icronesian Air. In'889 he was the co?pilot of the airline:s Flight 6A8' thatmysteriously disappeared two hours after ta=e?o0 from Agana 7uampresumably over the Paci$c Ecean. 2o trace of the plane and its '&Opassengers and crew was ever found despite diligent searchR @itohimself was never heard of again. @ito left behind his wife @ita andtheir two children.

In %&&9 @ita met and married <aime. They now have a child of theirown.

*hile on a tour with her former high school classmates in a remoteprovince of /hina in %&'& @ita was surprised to see @ito orsomebody who loo=ed e!actly li=e him but she was sure it was @itobecause of the e!treme surprise that registered in his face when he



also saw her. Shoc=ed she immediately 4ed to her hotel and posthaste returned to the country the ne!t day. @ita now comes to youfor legal advice. She as=s you the following #uestions3

?II. ;1< If @ito is alive what is the status of his marriage to @ita+ -')

-A) The marriage subsists because the marital bond has notbeen terminated by death.

-) The marriage was terminated when @ita married <aime.-/) The marriage subsists because @ita:s marriage to <aime is

void.-K) The marriage is terminated because @ito is presumed

dead after his plane has been missing for more than ;years. -,) The marriage can be formally declaredterminated if @ito would not resurface.

Suggested Answer:

-/) The marriage subsists because @ita:s marriage to <aime is void.

For the purpose of contracting the subse#uent marriage under Art;' of the Family /ode the spouse present must institute a summaryproceeding as provided in the Family /ode for the declaration ofpresumptive death of the absentee without pre"udice to the e0ect ofthe reappearance of the absent spouse.

?II. ;2< If @ito is alive what is the status of @ita:s marriage to <aime+-')

-A) The marriage is valid because @ita:s marriage to @ito wasterminated upon @ito:s disappearance for more thanseven years.

-) The marriage is valid. After an absence of more than '&years @ito is already presumed dead for all purposes.

-/) The marriage is void. @ito:s mere absence howeverlengthy is insuGcient to authorize @ita to contract a

subse#uent marriage.-K) The marriage is void. If @ito is indeed alive his marriage

to @ita was never dissolved and they can resume theirmarital relations at any time.

Suggested Answer:

Any answer is correct.



Under Art (8& of the /ivil /ode after an absence of seven years itbeing un=nown whether or not the absentee still lives he shall bepresumed dead doe all purposes e!cept for those of succession. Thisprovision was not repealed by the present Family /ode.

Applying this to the problem -A) may be correct. -) may also becorrect. -/) and -K) may also be correct under Art ;' of the Family/ode.

?III. *hich of the following actions or defenses are meritorious3 -')

-A) An action for recovery of down payment paid under a rescindedoral sale of real property.

-) A defense in an action for e"ectment that the lessor verbally

promised to e!tend or renew the lease.-/) An action for payment of sum of money $led against one whoorally promised to answer another:s debt in case the latterdefaults.

-K) A defense in an action for damages that the debtor hassuGcient but unli#uidated assets to satisfy the credit ac#uiredwhen it becomes due.


Suggested Answer:

-A) An action for recovery of down payment paid under a rescindedoral sale of real property.

An oral sale of real property is an unenforceable contract under theStatute of Frauds. Since in the problem the vendee paid downpayment it ta=es it out of the ambit of Statute of Frauds. Therescission here must be in the sense of resolution of the reciprocalobligation arising from the contract of sale. If rescinded -resolved) bythe vendee on account of the vendorsH failure to deliver the thing soldthe parties will go bac= to their status prior to the contract. If thevendor refuses to return the down payment then the vendee can $le

an action to recover the down payment.

If on the other hand the vendor and the vendee mutually agree torescind i.e. cancel the contract the vendee li=ewise can $le an actionfor the recovery of the down payment on the basis of solution indebiti.

Alternative Answer:




-a) The recovery of the down payments should be made in the sameaction for rescission. Etherwise it would be a ground for dismissalunder Cule % Sec ; of Cules of /ourt.

-b) @ease of a real property is covered by the Statute of Frauds.Furthermore it also consists of interest in real property. Bence it mustbe in writing. -Art ';&( /ivil /ode)

-c) A contract of guaranty is a promise to answer for the debt of anotherand hence it is also covered by the Statute of Frauds. It must be inwriting before it can be enforced in a court action. -Art ';&( /ivil/ode)

-d) The fact that a debtor has unli#uidated assets does not e!cuse him

from paying his debt.

-e) In the technical meaning of rescission under Art ''8' of the /ivil /odewill be adhered to then there is no absolutely correct answer.

Bence letter , is also a possible answer.

IX. etty entrusted to her agent Aida several pieces of "ewelry tobe sold on commission with the e!press obligation to turn over toetty the proceeds of the sale or to return the "ewelries if not sold

in a month:s time. Instead of selling the "ewelries Aida pawnedthem with theTambunting Pawnshop and used the money forherself. Aida failed to redeem the pawned "ewelries and after amonth etty discovered what Aida had done. etty broughtcriminal charges which resulted in Aida:s conviction for estafa.

etty thereafter $led an action against Tambunting Pawnshop forthe recovery of the "ewelries. Tambunting raised the defense ofownership additionally arguing that it is duly licensed to engage inthe pawnshop and lending business and that it accepted themortgage of the "ewelry in good faith and in the regular course of its

business.

If you were the "udge how will you decide the case+ -')

-A) I will rule in favor of etty. 6y ruling is based on the /ivil /odeprovision that one who has lost any movable or has beenunlawfully deprived thereof may recover it from the person inpossession of the same. Tam bunting:s claim of good faith is



inconse#uential.-) I will rule in favor of etty. Tambunting:s claim of good faith

pales into insigni$cance in light of the unlawful deprivation of the "ewelries. Bowever e#uity dictates that Tambunting mustbe reimbursed for the pawn value of the "ewelries.

-/) I will rule in favor of Tambunting. Its good faith ta=esprecedence over the right of etty to recover the "ewelries.-K) I will rule in favor of Tambunting. 7ood faith is always

presumed. Tambunting:s lawful ac#uisition in the ordinarycourse of business coupled with good faith gives it legal rightover the "ewelries.

Suggested Answer:

-A) I will rule in favor of etty. 6y ruling is based on the /ivil /odeprovision that one who has lost any movable or has been

unlawfully deprived thereof may recover it from the person inpossession of the same. Tam bunting:s claim of good faith isinconse#uential.

Although possession of movable property ac#uired in good faith ise#uivalent to a title nevertheless one who has lost any movable orhas been unlawfully deprived thereof may recover it from the person inpossession of the same. etty has been deprived unlawfully of her "ewelries by the estafa committed by Aida. The pledge of the said "ewelries by Aida to Tambunting pawnshop is void because the pledgoris not the owner -Art %&9O -%) /ivil /ode). TambuntingHs claim of good

faith is inconse#uential because aside from good faith Tambuntingmust prove also that it ac#uired the "ewelries at a public sale in orderto be able to retain the "ewelries until reimbursed byetty the amountof loan including interest -Art OO8 /ivil /ode).

The only e!ception the law allows is when there is ac#uisition ingood faith of the possessor at a public sale in which case the ownercannot obtain its return without reimbursing the price -Kizon v. Suntay;D S/CA '& Sept %8 '8D%).

X. Arlene owns a row of apartment houses in amuning uezon /ity.She agreed to lease Apartment 2o. ' to <anet for a period of '9months at the rate of P'&&&& per month. The lease was notcovered by any contract. <anet promptly gave Arlene two -%) monthsdeposit and '9 chec=s covering the rental payment for '9 months. This show of good faith prompted Arlene to promise <anet thatshould Arlene decide to sell the property she would give <anet theright of $rst refusal.



X. ;1< 2ot long after <anet moved in she received news that herapplication for a 6aster of @aws scholarship at ing:s /ollegein @ondon had been approved. Since her acceptance of thescholarship entailed a transfer of residence <anet as=ed

Arlene to return the advance rental payments she made.Arlene refused prompting <anet to $le an action to recoverthe payments. Arlene $led a motion to dismiss claiming thatthe lease on which the action is based is unenforceable.

If you were the "udge would you grant Arlene:s motion+ -')

-A) Mes I will grant the motion because the lease contractbetween Arlene and <anet was not in writing hence <anetmay not enforce any right arising from the same contract.

-) 2o I will not grant the motion because to allow Arlene to

retain the advance payments would amount to un"ustenrichment.-/) Mes I will grant the motion because the action for

recovery is prematureR <anet should $rst secure a "udicialrescission of the contract of lease.

-K) 2o. I will not grant the motion because the cause of action does not see= to enforce any right under thecontract of lease.

Suggested Answer:

-K) 2o. I will not grant the motion because the cause of action doesnot see= to enforce any right under the contract of lease.

<anet is not as=ing for the continued use of the leased premises.6oreover the contract is aside the ambit of the Statute of Frauds asthe same has already been partially performed.

X. ;2< Assume that <anet decided not to accept the scholarship andcontinued leasing Apartment 2o. '. 6idway throughthe leaseperiod Arlene decided to sell Apartment 2o. ' to <un in breach

of her promise to <anet to grant her the right of $rst refusal. Thus <anet $led an action see=ing the recognition of her rightof $rst refusal the payment of damages for the violation of this right and the rescission of the sale between Arlene and <un.

Is <anet:s action meritorious+ -')



-A) Mes under the /ivil /ode a promise to buy and sell adeterminate thing is reciprocally demandable.

-) 2o the promise to buy and sell a determinate thing wasnot supported by a consideration.

-/) Mes <anet:s right of $rst refusal was clearly violated when

the property was not o0ered for sale to her before it wassold to <un.-K) 2o a right of $rst refusal involves an interest over real

property that must be embodied in a written contract tobe enforceable.


Suggested Answer:

-K) 2o a right of $rst refusal involves an interest over real propertythat must be embodied in a written contract to be enforceable.

The right of $rst refusal involves a transfer of interest in the realproperty. As such it is covered by the Statute ofFrauds under Art ';&(-%)-e) of the /ivil /ode. It must be in writing in order to be enforceable.

ESSAY UESTINS:

I.

Mou are a Family /ourt "udge and before you is a Petition for the Keclarationof 2ullity of 6arriage -under Article ( of the Family /ode)$led by 6ariaagainst 2eil. 6aria claims that 2eil is psychologically incapacitated to complywith the essential obligations of marriage because 2eil is a drun=ard awomanizer a gambler and a mama:s boy? traits that she never =new or sawwhen 2eil was courting her. Although summoned 2eil did not answer 6aria:spetition and never appeared in court.

To support her petition 6aria presented three witnesses? herself Kr. ,lsie/han and Ambrosia. Kr. /han testi$ed on the psychological report on 2eilthat she prepared. Since 2eil never ac=nowledged n8r responded to herinvitation for interviews her report is solely based on her interviews with6aria and the spouses: minor children. Kr. /han concluded that 2eil issu0ering from 2arcissistic Personality Kisorder an ailment that she found tobe already present since 2eil:searly adulthood and one that is grave andincurable. 6aria testi$ed on the speci$c instances when she found 2eil



drun= with another woman or s#uandering the family:s resources in acasino. Ambrosia the spouses: current household help corroborated 6aria:stestimony.

En the basis of the evidence presented will you grant the petition+ -9)

SUGGESTED ANSWER:

N&. The et$t$&% sh&u!" be "e%$e".

The sych&!&3$ca! $%caac$ty u%"e At. 7 &' the 4a#$!y ,&"e #ustbe chaacte$6e" by ;a< 3a-$ty ;b< )u$"$ca! a%tece"e%ce a%" ;c<$%cuab$!$ty. It $s %&t e%&u3h t& &-e that the at$es 'a$!e" t& #eetthe$ es&%s$b$!$t$es a%" "ut$es as #a$e" es&%sF $t $s esse%t$a!that they #ust be sh&*% t& be $%caab!e &' "&$%3 s& "ue t& s&#e

hys$&!&3$ca! ;%&t hys$ca!< $!!%ess ;Reub!$c -. ,A a%" M&!$%a G.R.N&. 10+7 4eb 1 1<.

I% th$s case the $eces &' e-$"e%ce ese%te" ae %&t suc$e%t t&c&%c!u"e that $%"ee" Ne$! $s su8e$%3 '&# sych&!&3$ca! $%caac$tyNac$ss$st$c es&%a!$ty D$s&"e e($st$%3 a!ea"y be'&e the#a$a3e $%cuab!e a%" se$&us e%&u3h t& e-e%t Ne$! '&#e'&#$%3 h$s esse%t$a! #a$ta! &b!$3at$&%s. D. ,ha%Js e&tc&%ta$%s#ee c&%c!us$&%s. Be$%3 a "u%/a" a *&#a%$6e a3a#b!e a%" a #a#aJs b&y #ee!y sh&*s Ne$!Js 'a$!ue t& e'&#h$s #a$ta! &b!$3at$&%s. I% a %u#be &' cases the Sue#e ,&ut "$"

%&t %" the e($ste%ce &' sych&!&3$ca! $%caac$ty $% cases *hee thees&%"e%t sh&*e" hab$tua! "u%/e%%ess ;Reub!$c -. Me!3a G.R.N&. 177 2007< b!ata%t "$s!ay &' $%"e!$ty a%" $es&%s$b$!$ty;De"e! -. ,A 200< & be$%3 h&&/e" t& 3a#b!$%3 a%" "u3s;Reub!$c -. Ta%ya3Sa% H&se G.R. N&. 17+2+ 200<.

Altenative Ans!e:

Yes. The et$t$&% sh&u!" be 3a%te".

The es&%a! #e"$ca! & sych&!&3$ca! e(a#$%at$&% &' es&%"e%t $s

%&t a eCu$e#e%t '& "ec!aat$&% &' sych&!&3$ca! $%caac$ty. It $sthe t&ta!$ty &' the e-$"e%ce ese%te" *h$ch sha!! "ete#$%e thee($ste%ce &' sych&!&3$ca! $%caac$ty ;Mac&s -. Mac&s G.R. N&.170 ct 1 2000<. D. ,ha%Js e&t c&&b&ate" by Ma$aJsa%" A#b&s$aJs test$#&%$es thee'&e suc$e%t!y &-e Ne$!Jssych&!&3$ca! $%caac$ty t& assu#e h$s #a$ta! &b!$3at$&%s.



II.

A collision occurred at an intersection involving a bicycle and a ta!icab.

oth the bicycle rider -a businessman then doing his morning e!ercise)and the ta!i driver claimed that the other was at fault. ased on thepolice report the bicycle crossed the intersection $rst but the ta!icabcrossing at a fast clip from the bicycleHs left could not bra=e in timeand hit the bicycleHs rear wheel toppling it and throwing the bicyclerider into the sidewal= O meters away.

The bicycle rider su0ered a fractured right =nee sustained when he fellon his right side on the concrete side wal=. Be was hospitalized andwas subse#uently operated on rendering him immobile for ( wee=sand re#uiring physical rehabilitation for another ( months. In his

complaint for damages the rider prayed for the award of P'&&&&&&actual damagesP%&&&&& moral damages P%&&&&& e!emplarydamages P' &&&&& nominal damages andPO&&&& attorneyHs fees.

Assuming the police report to be correct and as the lawyer for thebicycle rider what evidence -documentary and testimonial) and legalarguments will you present in court to "ustify the damages that yourclient claims+ -9)

SUGGESTED ANSWER:

I *$!! the base the c!a$# &' #y c!$e%t &% Cuas$"e!$ct u%"e At 217&' the ,$-$! ,&"e &' the h$!$$%es. The eCu$s$tes '& a c!a$# u%"eCuas$"e!$ct t& &se ae as '&!!&*s: ;1< Act & &#$ss$&% theebe$%3 'au!t & %e3!$3e%ceF ;2< Da#a3e & $%)uyF a%" ;< ,ausa!c&%%ect$&% bet*ee% the "a#a3e a%" the act & &#$ss$&%. The casec!ea!y $%-&!-es Cuas$"e!$ct *hee #y c!$e%t the b$cyc!e $"esu8ee" $%)uy as a esu!t &' the %e3!$3e%ce &' the &-esee"$%3ta($ "$-e *$th&ut 'au!t &% #y c!$e%tJs at.

T& &-e actua! "a#a3es as$"e '&# the test$#&%y &' c!$e%t I *$!!ese%t h$s h&s$ta! a%" #e"$ca! b$!!s. Rece$ts a$" &% the

ehab$!$tat$&% *$!! a!s& be ese%te". The se%te%ce $% e" sh&u!" bee!ace" *$th the '&!!&*$%3 se%te%ce because he $s a bus$%ess#a%a%" %&t a% e#!&yee. 4uthe#&e I *$!! ese%t $%c&#e ta(etu%s c&%tacts a%" &the "&cu#e%ts t& &-e u%ea!$6e" &tsas a esu!t &' th$s te#&ay $%)uy.

ese%t the &!$ce e&t sh&*$%3 the c$cu#sta%ce u%"e *h$ch the

acc$"e%t t&&/ !ace ta/$%3 $%t& acc&u%t the act$&%s &' the at$es. I



*$!! as/ the &c$a!s *h& es&%"e" t& the acc$"e%t t& test$'y as t&

the c&%"uct &' the at$es at the t$#e &' the acc$"e%t $% &"e t&

"ete#$%e *hethe "e'e%"a%t *as 3u$!ty &' 3&ss %e3!$3e%ce.

4$%a!!y att&%eyJs 'ees #ay be ec&-ee" *he% e(e#!ay "a#a3es

ae a*a"e" ;At 220+ ,$-$! ,&"e<.

I *$!! a!s& ca!! the atte%"$%3 hys$c$a% t& test$'y as t& the e(te%t &'the $%)u$es su8ee" by #y c!$e%t a%" t& c&&b&ate the c&%te%ts&' the #e"$ca! "&cu#e%ts. Base" &% At. 2202 $% Cuas$"e!$cts the"e'e%"a%t sha!! be !$ab!e '& a!! "a#a3es *h$ch ae the %atua! a%"&bab!e c&%seCue%ces &' the act & &#$ss$&% c&#!a$%e" &'. It $s%&t %ecessay that the "a#a3es ha-e bee% '&esee% & c&u!" ha-ebee% '&esee% by the "e'e%"a%t. U%!$/e actua! "a#a3es %& &&' &' ecu%$ay !&ss $s %ecessay $% &"e that #&a! %&#$%a! te#eate!$Cu$"ate" & e(e#!ay "a#a3es #ay be a")u"$cate". The

assess#e%t $s !e't t& the "$scet$&% &' the ,&ut ;At. 2217 ,$-$!,&"e<. Thee #ust be &&' ecu%$ay est$#at$&% h&*e-e. M&a!"a#a3es ca% be ec&-ee" by #y c!$e%t u%"e At$c!es 221 a%"2200. M&a! "a#a3es #ay be ec&-ee" $% case &' a Cuas$"e!$ctcaus$%3 hys$ca! $%)u$es. A""$t$&%a!!y $t #ust be &-e" that such"a#a3es *ee the &($#ate esu!t &' the act c&#!a$%e" &'.Me"$ca! cet$cates *$!! be ese%te" a!&%3 *$th the test$#&%y'&# #y c!$e%t a%" &the eye*$t%ess acc&u%ts $% &"e t& su&tthe a*a" '& #&a! "a#a3es.

E(e#!ay "a#a3es #ay be 3a%te" $' the "e'e%"a%t acte" $%

*a%t&% 'au"u!e%t ec/!ess &ess$-e & #a!e-&!e%t #a%%e.

Wh$!e the a#&u%t &' e(e#!ay "a#a3es #ay %&t be &-e" the

!a$%t$8 #ust sh&* that he $s e%t$t!e" t& #&a! & c&#e%sat&y

"a#a3es. I% su&t &' th$s I *$!! ese%t the &!$ce e&t sh&*$%3

the c$cu#sta%ce u%"e *h$ch the acc$"e%t t&&/ !ace ta/$%3 $%t&

acc&u%t the act$&%s &' the at$es. I *$!! as/ the &c$a!s *h&

es&%"e" t& the acc$"e%t t& test$'y as t& the c&%"uct &' the at$es

at the t$#e &' the acc$"e%t $% &"e t& "ete#$%e *hethe "e'e%"a%t

*as 3u$!ty &' 3&ss %e3!$3e%ce. 4$%a!!y att&%eyJs 'ees #ay be

ec&-ee" *he% e(e#!ay "a#a3es ae a*a"e" ;At 220+ ,$-$!,&"e<.



III.

Sergio is the registered owner of a O&&?s#uare meter land. Bis friend

6arcelo who has long been interested in the property succeeded in

persuading Sergio to sell it to him. En <une % %&'% they agreed on the

purchase price of P&&&&& and that Sergio would give 6arcelo up to <une(&

%&'% within which to raise the amount. 6arcelo in a light tone usual between

them said that they should seal their agreement through a case of <ac=

Kaniels lac= and PO&&& pulutanV money which he immediately handed to

Sergio and which the latter accepted. The friends then sat down and dran=

the $rst bottle from the case of bourbon.

En <une 'O %&'( Sergio learned of another buyer Coberto who was o0eringP9&&&&& in ready cash for the land. *hen Coberto con$rmed that he could

pay in cash as soon as Sergio could get the documentation ready Sergio

decided to withdraw his o0er to 6arcelo hoping to "ust e!plain matters to his

friend. 6arcelo however ob"ected when the withdrawal was communicated

to him ta=ing the position that they have a $rm and binding agreement that

Sergio cannot simply wal= away from because he has an option to buy that is

duly supported by a duly accepted valuable consideration.

-A) Koes 6arcelo have a cause of action against Sergio+ -O)

SUGGESTED ANSWER:

Yes. Mace!& has a cause &' act$&% a3a$%st Se3$&. U%"e At. 12 *he%the &8ee has a!!&*e" the &8eee a ceta$% e$&" t& accet the &8e#ay be *$th"a*% at a%y t$#e be'&e acceta%ce by c&##u%$cat$%3 such*$th"a*a! e(cet *he% the &t$&% $s '&u%"e" u&% c&%s$"eat$&% as

s&#eth$%3 a$" & &#$se".

A% accete" u%$!atea! &#$se t& buy & se!! a "ete#$%ate th$%3 '&

a $ce ceta$% $s b$%"$%3 u&% h$# $' the &#$se $s su&te" by a

c&%s$"eat$&% "$st$%ct '&# the $ce ;At. 1<.

,&%s$"eat$&% $% a% &t$&% c&%tact #ay be a%yth$%3 &' -a!ue u%!$/e



$% sa!e *hee $t #ust be the $ce ceta$% $% #&%ey & $ts eCu$-a!e%t

;Sa% M$3ue! &et$es I%c. -. S&uses 9ua%3 G.R. N&. 120 Hu!y

1 2000<.

9ee the case &' Hac/ Da%$e!s B!ac/ a%" the 5000.00 Lu!uta%

#&%ey *as a c&%s$"eat$&% t& Lsea! the$ a3ee#e%t a% a3ee#e%t

that Mace!& $s 3$-e% u%t$! Hu%e 0 2012 t& buy the ace! &' !a%".

Thee $s a!s& %& sh&*$%3 that such c&%s$"eat$&% *$!! be c&%s$"ee"

at &' the uchase $ce. Thus Se3$&Js u%$!atea! *$th"a*a! &'

the &8e -$&!ate" the t$&% ,&%tact bet*ee% h$# a%" Mace!&.

-) /an Sergio claim that whatever they might have agreed upon cannot be

enforced because any agreement relating to the sale of real property must be

supported by evidence in writing and they never reduced their agreement to

writing+ -()

SUGGESTED ANSWER:

N&. Se3$&Js c!a$# has %& !e3a! bas$s. The c&%tact at $ssue $% theese%t case $s the &t$&% c&%tact %&t the c&%tact &' sa!e '& the

ea! &ety. Thee'&e At. 10 "&es %&t a!y. The Statute &'

4au"s c&-es a% a3ee#e%t '& the sa!e &' ea! &ety & &' a%

$%teest thee$%. Such a3ee#e%t $s u%e%'&ceab!e by act$&% u%!ess

the sa#e & s&#e %&te & #e#&a%"u# thee&' be $% *$t$%3 ;At.

10 ;e< ,$-$! ,&"e<.

9ee Mace!& a%" Se3$& #ee!y e%tee" $%t& a% t$&% ,&%tact

*h$ch e'es t& a u%$!atea! &#$se t& buy & se!! *h$ch %ee" %&t be$% *$t$%3 t& be e%'&ceab!e ;Sa%che6 -. R$3&s G.R. N&. =25

Hu%e 1 12 c$t$%3 At/$%s &!! a%" ,&. I%c. -. ,ua 9$a% Te/ a%"

S&uth*este% Su3a M&!asses ,&. -. At!a%t$c Gu!' ac$c ,&.<.



I?.

Anselmo is the registered owner of a land and a house that his friend

boboy occupied for a nominal rental and on the condition that boboy

would vacate the property on demand. *ith anselmosHs =nowledge

oboy introduced innovations consisting of additional bedroom

covered veranda and a concrete bloc= fence at his own e!pense.

Subse#uently Anselmo needed the property as his residence and thus

as=ed oboy to vacate and turn it over to him. oboy despite and

e!tension failed to vacate the property forcing anselmo to send to him

a written demand.

In his own written reply oboy signi$ed that he was ready to leave butAnselmo must $rst reimburse him the value of the improvements heintroduced on the property as he is a builder in good faith. Anselmo refusedinsisting that oboy cannot as= for reimbursement as he is a mere lessee.oboy responded by removing the improvements and leaving the building inits original state.

;A< Cesolve oboy:s claim that as a builder in good faith he shouldbereimbursed the value of the improvements he introduced.-;)

SUGGESTED ANSWER:

B&b&yJs c!a$# that he $s a bu$!"e $% 3&&" 'a$th has %& bas$s. Abu$!"e $% 3&&" 'a$th $s s&#e&%e *h& &ccu$es the &ety $%c&%cet &' a% &*%e. The &-$s$&%s &% bu$!"e!a%tes&*e u%"ethe ,$-$! ,&"e c&-e cases $% *h$ch the bu$!"e !a%te a%" s&*ebe!$e-e the#se!-es t& be &*%es &' the !a%" & at !east t& ha-e a

c!a$# &' t$t!e theet&.

As B&b&y $s a !essee &' the &ety e-e% $' he *as ay$%3 %&#$%a!e%ta! At. 17+ ,$-$! ,&"e $s a!$cab!e.

U%"e th$s &-$s$&% $' the !essee #a/es $% 3&&" 'a$th use'u!$#&-e#e%ts *h$ch ae su$tab!e t& the use '& *h$ch the !ease $s$%te%"e" *$th&ut a!te$%3 the '&# & substa%ce &' the &ety



!ease" the !ess& u&% the te#$%at$&% &' the !ease sha!! ay the!essee &%eha!' &' the -a!ue &' $#&-e#e%ts at that t$#e. Sh&u!"the !ess& e'use t& e$#buse sa$" a#&u%t the !essee #ay e#&-ethe $#&-e#e%ts e-e% th&u3h the $%c$a! th$%3 #ay su8e"a#a3e theeby.

;B< /an oboy be held liable for damages for removing theimprovements over Anselmo:s ob"ection+ -;)

SUGGESTED ANSWER:

N&. B&b&y ca%%&t be he!" !$ab!e '& "a#a3es.

The !ess& A%se!#& e'use" t& e$#buse &%eha!' &' the -a!ue &'the $#&-e#e%ts s& the !essee B&b&y #ay e#&-e the sa#e

e-e% th&u3h the $%c$a! th$%3 #ay su8e "a#a3e theeby. I' $%e#&-$%3 the use'u! $#&-e#e%ts B&b&y cause" #&e $#a$#e%t$% the &ety !ease" tha% $s %ecessay he *$!! be !$ab!e '&"a#a3es ;At. 17+ ,$-$! ,&"e<.

?.

<osefa e!ecuted a deed of donation covering a one?hectare rice land in favorof her daughter <ennifer. The deed speci$cally provides that3

"For and in consideration of her love and service Jennifer has shown andgiven to me, I hereby freely, voluntarily and irrevocably donate to her myonehectare rice land covered by !! #o. $$%%&, located in SanFernando, 'amanga. !his donation shall ta)e e*ect uon my death."

The deed also contained <ennifer:s signed acceptance and an attachednotarized declaration by <osefa and <ennifer that the land will remain in <osefa:s possession and cannot be alienated encumbered sold or disposedof while <osefa is still alive.

Advise <ennifer on whether the deed is a donation inter vivos or mortis causa

and e!plain the reasons supporting your advice. -9)

SUGGESTED ANSWER:

The "&%at$&% $s a "&%at$&% $%te -$-&s.

Whe% the "&%& $%te%"s that the "&%at$&% sha!! ta/e e8ect "u$%3the !$'et$#e &' the "&%& th&u3h the &ety sha!! %&t be "e!$-ee"



t$!! a'te the "&%&Js "eath th$s sha!! be a "&%at$&% $%te -$-&s ;At.2 ,$-$! ,&"e<.

The ,$-$! ,&"e e'es $%te -$-&s ta%s#$ss$&%s. M&e&-e #&t$scausa "&%at$&%s sh&u!" '&!!&* the '&#a!$t$es &' a *$!! ;At. 2+

,$-$! ,&"e<. 9ee thee $s %& sh&*$%3 that such '&#a!$t$es *ee'&!!&*e". Thus $t $s 'a-&ab!e t& He%%$'e that the "ee" $s a "&%at$&%$%te -$-&s.

4uthe#&e *hat $s #&st s$3%$ca%t $% "ete#$%$%3 the tye &'"&%at$&% $s the abse%ce &' st$u!at$&% that the "&%& c&u!" e-&/ethe "&%at$&%F &% the c&%tay the "ee"s e(ess!y "ec!ae the# t&be L$e-&cab!e a Cua!$ty abs&!ute!y $%c&#at$b!e *$th the $"ea &'c&%-eya%ces #&t$s causa *hee e-&cab$!$ty $s the esse%ce &' theact t& the e(te%t that a testat& ca%%&t !a*'u!!y *a$-e & est$cth$s $3ht &' e-&cat$&%.

The &-$s$&%s &' the "ee" &' "&%at$&% *h$ch state that the sa#e*$!! &%!y ta/e e8ect u&% the "eath &' the "&%& a%" that thee $s a&h$b$t$&% t& a!$e%ate e%cu#be "$s&se & se!! thesa#e sh&u!"be ha#&%$6e" *$th $ts e(ess $e-&cab$!$ty ;Aust$aMa3at -. ,AG.R. N&. 10755 4eb 1 2002<.

Altenative Ans!e:

The "&%at$&% $s "&%at$&% #&t$s causa.

The "ee" c!ea!y states that the "&%at$&% sha!! ta/e e8ect u&% the"eath &' the "&%& H&se'a. The "&%& #&e&-e eta$%e" &*%esh$&' the sub)ect &ety as $t *as "ec!ae" that the &ety ca%%&tbe a!$e%ate" e%cu#bee" s&!" & "$s&se" &' *h$!e the "&%& $sst$!! a!$-e.

As the "&%at$&% $s $% the %atue &' a #&t$s causa "$s&s$t$&% the'&#a!$t$es &' a *$!! sh&u!" ha-e bee% c&#!$e" *$th u%"e At. 2+&' the ,$-$! ,&"e &the*$se the "&%at$&% $s -&$" a%" *&u!" &"uce%& e8ect ;The Nat$&%a! Teasue &' the h$!$$%es -. ?"a. "eMe$#ba% G.R. N&. =7102 Au3 22 1+<.

?I.

@ito obtained a loan of P'&&&&&& from Ferdie payable within one year. Tosecure payment @ito e!ecuted a chattel mortgage on a Toyota Avanza and areal estate mortgage on a %&&?s#uare meter piece of property.



;A< *ould it be legally signi$cant ? from the point of view of validityand enforceability ? if the loan and the mortgages were inpublic or private instruments+ -)

SUGGESTED ANSWER:

4&# the &$%t &' -$e* &' -a!$"$ty a%" e%'&ceab$!$ty thee *&u!" be!e3a! s$3%$ca%ce $' the #&t3a3e *as $% a ub!$c & $-ate$%stu#e%t. As '& the !&a% thee $s %& !e3a! s$3%$ca%ce e(cet &'$%teest *ee cha3e" &% the !&a% $% *h$ch case the cha3$%3 &'$%teest #ust be $% *$t$%3.

A c&%tact &' !&a% $s a ea! c&%tact a%" $s e'ecte" u&% "e!$-ey&' the &b)ect &' the &b!$3at$&% ;At 1 ,$-$! ,&"e<. Thus a

c&%tact &' !&a% $s -a!$" a%" e%'&ceab!e e-e% $' $t $s %e$the $% a$-ate %& $% a ub!$c "&cu#e%t.

As a u!e c&%tacts sha!! be &b!$3at&y $% *hate-e '&# they #ayha-e bee% e%tee" $%t& &-$"e" a!! the esse%t$a! eCu$s$tes '& the$-a!$"$ty ae ese%t. W$th e3a"s t& $ts e%'&ceab$!$ty a c&%tact &'!&a% $s %&t a#&%3 th&se e%u#eate" u%"e At. 10 ;2< &' the ,$-$!,&"e *h$ch ae c&-ee" by the Statute &' 4au"s.

It $s $#&ta%t t& %&te that u%"e At. 15+ &' the ,$-$! ,&"e a!! the&the c&%tacts *hee the a#&u%t $%-&!-e"e(cee"s 4$-e 9u%"e"

es&s ;500.00< #ust aea $% *$t$%3 e-e% $% $-ate &%e.9&*e-e the eCu$e#e%t $s %&t '& -a!$"$ty &' the c&%tact but &%!y'& $ts 3eate ecacy.

W$th e3a" t& the chatte! #&t3a3e At. 150+ the ,hatte!M&t3a3e =a* eCu$es a% a"a-$t &' 3&&" 'a$th stat$%3 that thechatte! #&t3a3e $s su&se" t& sta%" as secu$ty &' the !&a%F thus'& the -a!$"$ty &' the chatte! #&t3a3e $t #ust be $% a ub!$c"&cu#e%t a%" ec&"e" $% the ,hatte! M&t3a3e Re3$ste $% theRe3$ste &' Dee"s. A ea! estate #&t3a3e u%"e the &-$s$&%s &'At. 2125 &' the ,$-$! ,&"e eCu$es that $% &"e that a #&t3a3e

#ay be -a!$"!y c&%st$tute" the "&cu#e%t $% *h$ch $t aeas beec&"e". I' the $%stu#e%t $s %&t ec&"e" the #&t3a3e $s%e-ethe!ess -a!$" a%" b$%"$%3 bet*ee% the at$es. 9e%ce '&-a!$"$ty &' b&th chatte! a%" ea! estate #&t3a3es they #ust aea$% a ub!$c $%stu#e%t. But the u&se &' e%'&ceab$!$ty $t $ssub#$tte" that the '&# &' the c&%tact *hethe $% a ub!$c &$-ate "&cu#e%t *&u!" be $##ate$a! ;M&b$! $! -. D$&caesa 2S,RA 757 17<.



A!s& u%"e At 15+ acts a%" c&%tacts *h$ch ha-e '& the$ &b)ectthe ceat$&% & ta%s#$ss$&% &' ea! $3hts &-e $##&-ab!e &ety#ust be $% a ub!$c"&cu#e%t '& 3eate ecacy a%" a ea! estate#&t3a3e $s a ea! $3ht &-e $##&-ab!e &ety.

;B< @ito:s failure to pay led to the e!tra?"udicial foreclosure of themortgaged real property. *ithin a year from foreclosure @itotendered a manager:s chec= to Ferdie to redeem the property.Ferdie refused to accept payment on the ground that he wantedpayment in cash3 the chec= does not #ualify as legal tender anddoes not include the interest payment.

Is Ferdie:s refusal "usti$ed+ -;)

SUGGESTED ANSWER:

A chec/ *hethe a #a%a3eJs chec/ & a% &"$%ay chec/ $s %&t!e3a! te%"e a%" a% &8e &' a chec/ $% ay#e%t &' a "ebt $s %&t a-a!$" te%"e &' ay#e%t a%" #ay be e'use" ece$t by the &b!$3e&ce"$t&s ;h$!$$%e A$!$%es -. ,A a%" A#e!$a Ta% G.R. N&. =1++10<. Mee "e!$-ey &' chec/s "&es %&t "$scha3e the &b!$3at$&%u%"e a )u"3#e%t. A chec/ sha!! &"uce the e8ect &' ay#e%t &%!y*he% they ha-e bee% cashe" & *hee th&u3h the 'au!t &' thece"$t& they ha-e bee% $#a$e" ;At 12 ,$-$! ,&"e<.

9&*e-e $t $s %&t %ecessay that the $3ht &' e"e#t$&% be

e(ec$se" by "e!$-ey &' !e3a! te%"e. A chec/ #ay be use" '& thee(ec$se &' $3ht &' e"e#t$&% the sa#e be$%3 a $3ht a%" %&t a%&b!$3at$&%. The te%"e &' a chec/ $s suc$e%t t& c&#e! e"e#t$&%but $s %&t $% $tse!' a ay#e%t that e!$e-es the e"e#t$&%e '&#h$s !$ab$!$ty t& ay the e"e#t$&% $ce ;B$a%a -. G$#e%e6 G.R. N&.127+ Set 2005 c$t$%3 4&tu%a"& -. ,A<.

Re"e#t$&% *$th$% the e$&" a!!&*e" by !a* $s %&t a #atte &'$%te%t but a Cuest$&% &' ay#e%t & -a!$" te%"e &' 'u!! e"e#t$&%$ces *$th$% the sa$" e$&". Whethe e"e#t$&% $s be$%3 #a"eu%"e At. 15 & u%"e the Ge%ea! Ba%/$%3 =a* the #&t3a3& &

h$s ass$3%ee $s eCu$e" t& te%"e ay#e%t t& #a/e sa$" e"e#t$&%-a!$" ;9e$s &' u$su#b$%3 -. NB a%" S=D, G.R. N&. 1+22 Ha%20 200<.

M&e&-e 4e"$eJs e'usa! *as )ust$e" &% the 3&u%" that thea#&u%t te%"ee" "&es %&t $%c!u"e $%teest. I% &"e t& e8ect thee"e#t$&% &' the '&ec!&se" &ety the ay#e%t t& theuchase #ust $%c!u"e the '&!!&*$%3 su#s: ;a< the b$" $ceF ;b< the



$%teest &% the b$" $ce c&#ute" at &%e e ce%tu# ;1V< e#&%thF a%" ;c< the assess#e%ts a%" ta(es $' a%y a$" by theuchase *$th the sa#e ate &' $%teest ;Sec 2+ 1 Ru!es &' ,$-$!&ce"ue<. U%!ess thee $s a% e(ess st$u!at$&% t& that e8ect thece"$t& ca%%&t be c&#e!!e" t& ece$-e at$a! ay#e%t &' the

estat$&% ;At. 12+ ,$-$! ,&"e<.

?II

In %&&O Andres built a residential house on a lot whose only access to thenational highway was a pathway crossing randa:s property. Andres andothers have been using this pathway (athway A+ since '89&.

In %&& randa fenced o0 his property thereby bloc=ing Andres: access tothe national highway. Andres demanded that part of the fence be removed tomaintain his old access route to the highway (athway A+, but randarefused claiming that there was another available pathway (athway + foringress and egress to the highway. Andres countered that pathway hasdefects is circuitous and is e!tremely inconvenient to use.

To settle their dispute Andres and randa hired Kamian a geodetic and civilengineer to survey and e!amine the two pathways and the surroundingareas and to determine the shortest and the least pre"udicial way throughthe servient estates. After the survey the engineer concluded that pathway

is the longer route and will need improvements and repairs but will notsigni$cantly a0ect the use of randa:s roperty. En the other hand pathway Athat had long been in place is the shorter route but would signi$cantly a0ectthe use of randa:s property.

In light of the engineer:s $ndings and the circumstances of the caseresolve the parties: right of way dispute. -)

SUGGESTED ANSWER:

A%"es $s %&t e%t$t!e" t& the ease#e%t &' $3ht &' *ay '& athA. ath*ay B #ust be use".

The &*%e &' "&#$%a%t estate #ay -a!$"!y &bta$% a c&#u!s&y$3ht &' *ay &%!y a'te he has estab!$she" the e($ste%ce &' '&ueCu$s$tes:

a. "&#$%a%t estate $s su&u%"e" by a%&the $##&-ab!es a%" $s



*$th&ut a"eCuate &ut!et t& a ub!$c h$3h*ay.b. A'te ay#e%t &' &e $%"e#%$tyc. Is&!at$&% *as "ue t& the &$t&Js &*% act". =east e)u"$c$a! t& the se-$e%t estate

9&*-e S, has c&%s$ste%t!y u!e" that $% case b&th c$te$aca%%&t be c&#!$e" *$th the $3ht &' *ay sha!! be estab!$she"at the &$%t !east e)u"$c$a! t& the se-$e%t estate. Whe%thee $s a!ea"y a% e($st$%3 a"eCuate &ut!et '&# the "&#$%a%testate t& the h$3h*ay e-e% $' the sa$" &ut!et '& &%e eas&%& a%&the be $%c&%-e%$e%t the %ee" t& &e% u a%&these-$tu"e $s u%)ust$e".

?III.

/iriaco Cealty /orporation -/C/) sold to the spouses Kel a /ruz aO&&?s#uare meterland -@ot A) in Parana#ue. The land now has a fair mar=et value of Pl%&&&&&. /C/li=ewise sold to the spouses Codriguez a D&&?s#uare meter land -@ot ) which isad"acent to @ot A. @ot has a present fair mar=et value of P'O&&&&&.

The spouses Kela /ruz constructed a house on @ot relying on there presentationof the /C/ sales agent that it is the property they purchased. Enly upon thecompletion of their house did the spouses Kela /ruz discover that they built on @ot owned by the spouses Codriguez not on lot A that they purchased. They spentP'&&&&&&.&& for the house.As their lawyer advise the spouses Kela /ruz on their rights and obligations

under the given circumstances and the recourses and options open to them

to protect their interests. -9)

SUGGESTED ANSWER:

Base" &% the 'act as state" the s&uses De =a ,u6 as bu$!"es a%"

the s&uses R&"$3ue6 as !a%" &*%es ae b&th $% 3&&" 'a$th. The

s&uses De!a ,u6 ae bu$!"e $% 3&&" 'a$th because be'&e

c&%stuct$%3 the h&#e they e(ec$se" "ue "$!$3e%ce by as/$%3 thea3e%t &' ,R, the !&cat$&% &' the !&t A a%" they e!$e" &% the

$%'&#at$&% 3$-e% by the a3e%t *h& $s esu#e" t& /%&* the

$"e%t$ty &' the !&t uchase" by the De!a ,u6 ;!easa%t-$!!e -. ,A

25 S,RA 10 17<. % the &the ha%" thee $s %& sh&*$%3 that the

!a%" &*%es s&uses R&"$3ue6 acte" &% ba" 'a$th. The 'ascts "&

%&t sh&* that the bu$!"$%3 *as "&%e *$th the$ /%&*!e"3e a%"



*$th&ut &&s$t$&% &% the$ at ;At. 5 ,$-$ ,&"e. The 3&&" 'a$th

$s a!*ays esu#e" ;At. 52 ,$-$! ,&"e<

The &*%e &' the !a%" &% *h$ch a%yth$%3 has bee% bu$!t s&*% &

!a%te" $% 3&&" 'a$th sha!! ha-e the $3ht:

1. T& a&$ate as h$s &*% the *&/s a'te ay#e%t &' the $%"e#%$ty

&-$"e" '& $% At. 57 a%" 5+ &

2. T& &b!$3e the &%e *h& bu$!t t& ay the $ce &' the !a%"

9&*e-e the bu$!"e ca%%&t be &$b!$3e" t& buy the !a%" $' $ts -a!ue $s

c&%s$"eab!e #&e tha% that &' the bu$!"$%3. I% such case he sha!!

ay eas&%ab!e e%t &' the &*%e &' the !a%" "&es %&t ch&&se t&

a&$ate the bu$!"$%3 & tess a'te &e $%"e#%$ty ;At +

,$-$! ,&"e<

The h&use c&%stucte" by the s&uses De!a ,u6 $s c&%s$"ee" as a

use'u! e(e%se s$%ce $t $%cease" the -a!ue &' the !&t. As such

sh&u!" the s&uses R&"$3ue6 "ec$"es t& a&$ate the h&use the

s&uses De!a ,u6 ae e%t$t!e" t& the $3ht &' ete%t$&%e%"$%3

e$#buse#e%t &' the e(e%ses they $%cue" & the $%cease $%-a!ue *h$ch the th$%3 #ay ha-e acCu$e" by eas&% &' the

$#&-e#e%t ;At. 57 ,$-$! ,&"e<. Thus s&uses De!a ,u6 #ay

"e#a%" 1000000.00 as ay#e%t &' the e(&e%ses $% -a!ue &' the

!a%" because &' the h&use as use'u! $#&-e#e%t as #ay be

"ete#$%e" by the c&ut '&# the e-$"e%ce ese%ts "u$%3 the t$a!

;Dea - Du#!a& 15 S,RA 5<

IX.

Cica petitioned for the annulment of her ten?year old marriage to Cichard.

Cichard hired Atty. /ruz to represent him in the proceedings. In payment for

Atty. /ruz:s acceptance and legal fees Cichard conveyed to Atty. /ruz a



parcel of land in Taguig that he recently purchased with his lotto winnings.

The transfer documents were duly signed and Atty. /ruz immediately too=

possession by fencing o0 the property:s entire perimeter.

Kesperately needing money to pay for his mounting legal fees and his other

needs and despite the transfer to Atty. /ruz Cichard o0ered the same parcelof land for sale to the spouses 7arcia. After inspection of the land the

spouses considered it a good investment and purchased it from Cichard.

Immediately after the sale the spouses 7arcia commenced the construction

of a three?story building over the land but they were prevented from doing

this by Atty. /ruz who claimed he has a better right in light of the prior

conveyance in his favor.

Is Atty. /ruz:s claim correct+ -9)

SUGGESTED ANSWER:

N&. Atty. ,u6 $s %&t c&ect. At st 3!a%ce $t #ay aea that Atty.

,u6 $s the &%e *h& has the bette $3ht because he st t&&/

&ssess$&% &' the &ety. 9&*e-e a !a*ye $s &h$b$te" u%"e

At 11 &' the ,$-$! ,&"e '&# acCu$$%3 the &ety a%" $3hts

*h$ch #ay be the &b)ect &' a%y !$t$3at$&% $% *h$ch they #ay ta/e at

by -$tue &' the$ &'ess$&%.

Wh$!e the su$t $s '& a%%u!#e%t &' #a$a3e a%" $t #ay be u3e" that

the !a%" $tse!' $s %&t the &b)ect &' the !$t$3at$&% the a%%u!#e%t &'

#a$a3e $' 3a%te" *$!! cay *$th $t the !$Cu$"at$&% &' the abs&!ute

c&##u%$ty & c&%)u3a! at%esh$ &' the s&uses as the case #ay

be ;At. 50 $% e!at$&% t& At &' the 4a#$!y ,&"e<. R$cha"

uchase" the !a%" *$th h$s !&tt& *$%%$%3s "u$%3 the e%"e%cy &'

the su$t '& a%%u!#e%t a%" &% the assu#t$&% that the at$es ae

3&-e%e" by the e3$#e &' abs&!ute c&##u%$ty & c&%)u3a!

at%esh$ *$%%$%3s '&# 3a#b!$%3 & bett$%3 *$!! '&# at

thee&'.

A!s& s$%ce the !a%" $s at &' the abs&!ute c&##u%$ty & c&%)u3a!



at%esh$ &' R$cha" a%" R$ca $t #ay %&t be s&!" & a!$e%ate"

*$th&ut the c&%se%t &' the !atte a%" a%y "$s&s$t$&% &

e%cu#ba%ce &' the &ety &' the c&##u%$ty & the c&%)u3a!

&ety *$th&ut the c&%se%t &' the &the s&use $s -&$" ;At 7 a%"

At 12 4a#$!y ,&"e<.

X.

6anuel was born on '% 6arch '8;& in a ' &&&?s#uare meter property wherehe grew up helping his father 6ichael cultivate the land. 6ichael has livedon the property since the land was opened for settlement at about the time

of the /ommonwealth government in '8(O but for some reason neversecured any title to the property other than a ta! declaration in his name. Behas held the property throughthe years in the concept of an owner and hisstay was uncontested by others. Be has also conscientiously andcontinuously paid the realty ta!es on the land.

6ichael died in %&&& and 6anuel ? as 6ichaelHs only son and heir ?now wantsto secure and register title to the land in his own name. Be consults you forlegal advice as he wants to perfect his title to the land and secure itsregistration in his name.

;A< *hat are the laws that you need to consider in advising 6anuelon how he can perfect his title and register the land in hisname+ ,!plain the relevance of these laws to your pro"ectedcourse of action. -;)

SUGGESTED ANSWER:

;N&te: W$th a!! "ue esect $t $s ec&##e%"e" that the e(a#$%eaccet a%" 3$-e 'u!! ce"$t t& a%y &' the a%s*es 3$-e% $% each &' the'&!!&*$%3 aa3ahs.<

I *&u!" a"-$ce Ma%ue! t& !e a% a!$cat$&% '& e3$stat$&% u%"eSec 1 &' es. Decee N&. 152 & the &ety Re3$stat$&%Decee ;RD< sec$ca!!y Sec1 ;1< *h$ch eCu$es ;a< that the !a%"a!$e" '& '&#s at &' the a!$e%ab!e a%" "$s&sab!e ;A D<&t$&% &' the ub!$c "&#a$% a%" ;b< that the a!$ca%t has bee% $%&e% c&%t$%u&us a%" %&t&$&us &ssess$&% a%" &ccuat$&% thee&'u%"e b&%a "e c!a$# &'&*%esh$ s$%ce Hu%e 12 15 & ea!$e.



9&*e-e $t $s &%!y %ecessay that the !a%" $s a!ea"y "ec!ae" A D!a%" Lat the t$#e '& a!$cat$&% '& e3$stat$&% $s !e";Ma!aba%a% -. Reub!$c G.R. N&. 1+007 Hu%e 0 200<.

Ma%ue! c&u!" a!s& $%-&/e Sec 1 ;2< &' the sa#e Decee *h$ch

a!!&*s e3$stat$&% th&u3h &"$%ay acCu$s$t$-e esc$t$&% '&th$ty yeas &-$"e" h&*e-e that the !a%" $s Lat$#&%$a! $%chaacte $.e. a!ea"y "ec!ae" by the 3&-e%#e%t ;a< as A D a%";b< %& !&%3e %ee"e" '& ub!$c use & ub!$c se-$ce ;Ma!aba%a%sua<.

Ma%ue! c&u!" a!s& !e a% a!$cat$&% '& Lc&%#at$&% &' $#e'ect& $%c&#!ete t$t!eJ th&u3h L)u"$c$a! !e3a!$6at$&% u%"e Sec. + ;b<&' ,A %&. 11 & the ub!$c =a%" Act ;=A<. But as he!" $%Ma!aba%a% thee $s %& substa%t$a! "$8ee%ce bet*ee% th$s &-$s$&%a%" Sec 1 ;1< &' the RD. B&th e'e t& a3$cu!tua! !a%"s a!ea"y

c!ass$e" as a!$e%ab!e a%" "$s&sab!e at the t$#e the a!$cat$&% $s!e" a%" eCu$e &ssess$&% a%" &ccuat$&% s$%ce Hu%e 12 15.The &%!y "$8ee%ce $s that u%"e the RD thee a!ea"y e($sts at$t!e *h$ch $s t& be c&%#e" *heeas u%"e the =A theesu#t$&% $s that !a%" $s st$!! ub!$c !a%" ;Reub!$c -.ACu$%& G.R.N&. =+ Ha%uay 2 1+<.

Ma%ue! #ay a!s& $%-&/e L-este" $3htsJ acCu$e" u%"e Re. Act.N&. 12 "ate" Hu%e 2 15 *h$ch a#e%"e" Sec. + ;b< &' the =Aby &-$"$%3 '& a esc$t$-e e$&" &' th$ty yeas '& )u"$c$a!c&%#at$&% &' $#e'ect t$t!e. It #ust &%!y be "e#&%state" that

&ssess$&% a%" &ccuat$&% c&##e%ce" &% Ha%uay 2 1 a%" the0yea e$&" *as c&#!ete" $& t& the e8ect$-$ty &' D N&. 10&% Ha%uay 25 1. D N&. 10 %&* eCu$es &ssess$&% a%"&ccuat$&% s$%ce Hu%e 12 15 ;Reub!$c -. Es$%&sa G.R. N&.1151 Hu!y 1+ 2012<.

A%&the a!te%at$-e $s '& Ma%ue! t& secue t$t!e th&u3ha"#$%$stat$-e &cee"$%3s u%"e the h&#estea" & 'ee ate%t&-$s$&%s &' the =A. The t$t!e $ssue" has the sa#e ecacy a%"-a!$"$ty as a t$t!e $ssue" th&u3h )u"$c$a! &cee"$%3s but *$th the!$#$tat$&%s that the !a%" ca%%&t be s&!" & "$s&se" &' *$th$% -e

yeas '&# the $ssua%ce &' ate%t ;Sec. 11+ ,A N&. 11 asa#e%"e"<.

;B< *hat do you have to prove to secure 6anuel:s ob"ectives andwhat documentation are necessary+ -;)

SUGGESTED ANSWER:



Ma%ue! has the bu"e% t& &-ec&#e the esu#t$&% &' State&*%esh$ by L*e!!%$3h $%c&%t&-et$b!e e-$"e%ce ;%3 -.Reub!$c G.R. N&. 157 Mach 12 200+<. Acc&"$%3!y he #ustsh&* that the!a%" $s a!ea"y c!ass$e" as A D Lat the t$#e the

a!$cat$&% '& e3$stat$&% $s !e" a%" that he has bee% $%L&ssess$&% a%" &ccuat$&% thee&' $% the #a%%e eCu$e" by !a*s$%ce Hu%e 12 15 & ea!$e.

Ma%ue! #ay tac/ h$s &ssess$&% t& that &' h$s e"ecess&$%$%teest ;M$chae!< by the test$#&%y &' "$s$%teeste" a%"/%&*!e"3eab!e eye*$t%esses. -et acts &' &ssess$&% #ay c&%s$st$% $%t&"uc$%3 -a!uab!e $#&-e#e%ts !$/e 'e%c$%3 the !a%"c&%stuct$%3 a es$"e%t$a! h&use thee&% cu!t$-at$%3 the !a%" a%"!a%t$%3 'u$t bea$%3 tees "ec!a$%3 the !a%" '& ta(at$&%u&ses a%" ay$%3 ea!ty ta(es a!! &' *h$ch ae c&&b&at$-e

&&' &' &ssess$&%.

T& $"e%t$'y the !a%" he #ust sub#$t the tac$%3 c!&th !a% & a "u!ycet$e" b!ue$%t & *h$te$%t c&y thee&' ;D$ect& &' =a%"s -.Reyes G.R. N&. =25 N&-e#be 2+ 15F D$ect& &' =a%"s -.,A a%" I3!es$a %$ ,$st& G.R. N&. =5771 Mach 1 1++<.

T& sh&* the c!ass$cat$&% &' the !a%" as A D the a!$cat$&% #ustbe acc&#a%$e" by ;1< a ,ENR & ENRcet$cat$&%F a%" ;2< acet$e" tue c&y &' the &$3$%a! c!ass$cat$&% a&-e" by theDENR Secetay ;Reub!$c -. Ba%t$3ue G.R.N&. 17222 Mach 1

2012<. A es$"e%t$a! & !e3$s!at$-e act #ay a!s& be c&%s$"ee".

2012 BAR EXAM ;M,<

'. *hich of the following is 2ET included in the attributes of "uridicalcapacity+a) <uridical capacity is inherent in every natural person and therefore it



is not ac#uired.b) <uridical capacity is lost only through death.c) <uridical capacity is the $tness to be the sub"ect of legal relations."< Hu$"$ca! caac$ty ca%%&t e($st *$th&ut caac$ty t& act. ;At. N,,<

%. *hich of the following is 2ET a restriction on oneHs capacity to act+a) 6inorityb) 6arriagec) Keaf?muted) /ivil Interdiction

SU77,ST,K A2S*,C3 This #uestion should be disregarded. -2ET,3 There is no correctanswer among the choices given. All choices are restrictions on oneHscapacity to act. *hile 6arriage is the only one not mentioned in

Articles (9 and (8 of the 2// as a restriction on capacity to act itrestricts the capacity of a married person in cases of adoption.)

(. This attribute or incident of a case determines whether it is acon4ict?of?laws case or one covered by domestic law.a) /ause of actionb< 4&e$3% e!e#e%t ;,&%P$ct &' =a*sF De%$t$&%<c) <urisdictiond) Forum non conveniens

;. The capacity of an heir to succeed shall be governed by the3

a) national law of the decedentHs heirs

b) law of the country where the decedent was a resident at thetime of his death

c) national law of the person who died

At. Capacit" to succeed is govened #" t$e la! o% t$enation o% t$e decedent.

d) law of the country where the properties of the decedent arelocated.

O. Atty. UE a Filipino e!ecuted a will while he was in Spain. Theattestation clause of the said will does not contain u=oHs signature. Itis valid under Spanish law. At its probate in 6anila it is being opposedon the ground that the attestation clause does not contain UEHs



signature. Is the opposition correct+ /hoose the best answer..

a) Mes because it is a fatal defect.

b) Mes the will is not valid under Philippine law.

c& No' attestation clause is not an act o% t$e testato.

d& No' t$e govening la! is Spanis$ la!.

Note: T$e %acts do not state t$e (a! o#seved #" t$etestato in e)ecuting $is !ill. *e could $ave o#sevedSpanis$ (a! o P$ilippine (a! +see co,,ent o% Tolentinoto At. / NCC in 0Tolentino1' 223&. 4% $e o#sevedSpanis$ (a!' t$e opposition is not coect #ecause t$e!ill is valid unde Spanis$ (a!' $ence c$oice +d& is t$e

coect ans!e. 4% $e o#seved P$ilippine (a!' t$eopposition is still not coect #ecause P$ilippine (a! doesnot equie t$e testato to sign t$e Attestation Clause o%$is !ill' said clause not #eing $is act. 4n suc$ case' c$oice+c& is t$e coect ans!e&.

. Camon a Filipino e!ecuted a will in 6anila where he left his houseand located in P Bomes ParaWa#ue in favor of his Filipino sonCamgen. CamonHs other children C< and Camona both Tur=ishnationals are disputing the be#uest to Camgen. They plotted to =illCamgen. Camon learned of the plot so he tore his will in two pieces

out of anger. *hich statement is most accurate+

a) The mere act of Camon Sr. is immaterial because the will isstill readable.

b) The mere act of tearing the will amounts to revocation.

c& T$e teaing o% t$e !ill ,a" a,ount to evocation i%coupled !it$ intent o% evo5ing it.

At. 06. No !ill s$all #e evo5ed e)cept in t$e %ollo!ing

cases: )) +0& 78 #uning' teaing' cancelling' oo#liteating t$e !ill !it$ t$e intention o% evo5ing it' #"t$e testato $i,sel%' ))).

d) The act of tearing the will is material.

D. ,ven if the applicable law is a foreign law a count in the Philippinesmay be constrained to apply Philippine law under any of the following



instances e(cet:a) when the foreign law "udgment or contract is contrary to asound and important public policy of the forumRb< *he% the &ety sub)ect &' the case $s !&cate"&uts$"e &' the h$!$$%esF At 17 a 1

c) when the foreign law or "udgment is penal in natureRd) when the foreign law is procedural in nature.9. If a will is e!ecuted by a testator who was born a Filipino citizen butbecame naturalized <apanese citizen at the time of his death what lawwill govern its testamentary provisions if the will is e!ecuted in /hinaand the property being disposed is located in Indonesia+

a) /hinese lawb) Philippine lawc) Indonesia law"< Haa%ese !a* At 17 a 2

8. A <apanese national and a Filipino national entered into a contract

for services in Thailand. The services will be rendered in Singapore. Incase of breach what law will govern+a) Thailand lawb) Philippine lawc< S$%3a&e !a* ; I eseach a !ate<d) <apanese law

'&. Pedro -Filipino) and his wife <ane -American) e!ecuted a "oint will in/anada where such "oint will is valid. In case the "oint will is probatedin <apan what law will govern the formalities of the "oint will+ a) American law

b) Philippine lawc< ,a%a"$a% !a*d) <apanese law=EGA= BASIS:Article 9'. The will of an alien who is abroad produces e0ect in thePhilippines if made with the formalities prescribed by the law of theplace in which he resides or according to the formalities observed inhis country or in conformity with those which this /ode prescribes.

''. A French national revo=es his will in <apan where he is domiciled.Be then changed his domicile to the Philippines where he died. The

revocation of his will in <apan is valid under <apanese law but invalidunder Philippine law. The a0ected heir is a 6alaysian national residingin the Philippines. *hat law will apply+ a< Haa%ese !a*b) Philippine lawc) French lawd) 6alaysian law=EGA= BASIS:



Article 9%8. A revocation done outside the Philippines by a person whodoes not have his domicile in this country is valid when it is doneaccording to the law of the place where the will was made oraccording to the law of the place in which the testator had his domicileat the timeR and if the revocation ta=es place in this country when it is

in accordance with the provisions of this /ode.

'%. In the absence of contrary stipulation in a marriage settlementproperty relations of Filipino spouses shall be governed by ???a< h$!$$%es !a*sb) @aw of the place where the spouses residec) @aw of the place where the properties are situatedd) @aw of the place where they were married.=EGA= BASIS:Art. 9&. In the absence of a contrary stipulation in a marriagesettlement the property relations of the spouses shall be governed by

Philippine laws regardless of the place of the celebration of themarriage and their residence. This rule shall not apply3-') *here both spouses are aliensR-%) *ith respect to the e!trinsic validity of contracts a0ecting propertynot situated in the Philippines and e!ecuted in the country where theproperty is locatedR and-() *ith respect to the e!trinsic validity of contracts entered into in thePhilippines but a0ecting property situated in a foreign country whoselaws re#uire di0erent formalities for its e!trinsic validity.

'(. A will of a Filipino e!ecuted in a foreign country ? K) may beprobated in the Philippines provided it was e!ecuted in accordancewith the laws of the place where the will was e!ecuted. A *$!! &-e"a%" a!!&*e" $% a '&e$3% c&u%ty $% acc&"a%ce *$th the !a*s &' that c&u%ty #ay be a!!&*e" !e" a%" ec&"e" $% the &eRe3$&%a! T$a! ,&ut $% the h$!$$%es ;Ru!e Sec 1 R,< ;?"a"e ee6 - T&!ete 22 S,RA 22 eCu$s$tes '& e&bate: ;1<"ue e(ecut$&% &' the *$!! $% acc&"a%ce *$th '&e$3% !a* ;2<the testat& ha" h$s "&#$c$!e $% the '&e$3% c&u%ty a%" %&t $%the h$!$$%es ;< the *$!! has bee% a"#$tte" t& &bate $%

the '&e$3% c&u%ty ;< the !a*s &' the '&e$3% c&u%ty &%&ce"ue a%" a!!&*a%ce &' *$!!s.<

';. Pedro -$lipino) and ill -american) entered into a contract inAustralia whereby it was agreed that Pedro will build a commercialbuilding for ill in the Philippines and in payment for the constructionill will transfer and convey his cattle ranch located in <apan in favor of Pedro. In case Pedro performs his obligations but ill fails or refused to



pay what law will govern+ K) <apanese @aw. =e( S$tus ;At 17< Rea!a%" es&%a! &ety $s sub)ect t& the !a* &' the c&u%ty*hee $t $s s$tuate". ;A!$cat$&% &' =e( S$tus: the caac$ty t&ta%s'e & acCu$e &ety $s 3&-e%e" by !e( s$tusF the'&#a!$t$es &' a c&%tact t& c&%-ey &ety ae 3&-e%e" by

=e( S$tus<

'O. In '898 /harice -Filipina) and <ustine -American) were married inthe Philippines. In '88& they separated and <ustine went to @as egaswhere he obtained a divorce in the same year. Be then marriedanother Filipina @ea in /anada on <anuary ' '88%. They had % sons <ames and <ohn -who were both born in '88%). In '88( after failing tohear from <ustine /harice married ugoy -a Filipino) by whom she hada daughter Cegine. In %&&8 Cegine married <ames -son of <ustine with@ea) in /alifornia where such marriage is valid. *hat is the currentstatus of the marriage of /harice and <ustine under Phillipine @aws+

Suggested answer3 Kissolved. At. 27;2< 4,: Whee a #a$a3ebet*ee% a 4$!$$%& c$t$6e% a%" a '&e$3%e $s -a!$"!y ce!ebate"a%" a "$-&ce $s theea'te -a!$"!y &bta$%e" ab&a" by the a!$e%s&use caac$tat$%3 h$# & he t& e#ay the 4$!$$%& s&usesha!! ha-e caac$ty t& e#ay u%"e h$!$$%e !a*.

'. *hat is the status of the marriage between /harice and ugoyunder Philippine laws+

a) alid

b) oidc) oidabled) Unenforceable

Suggested Answer:

d) Unenforceable

'D. *hat is the status of the marriage between /harice and ugoyunder Philippine laws+

a) alidb) oidc) oidabled) Unenforceable

Suggested Answer:

a) alid



'9. *hat is the status of the marriage between Cegine and <amesunder Philippine laws+

a) alid

b) oidc) oidabled) Unenforceable

Suggested Answer:

a) alid

'8. Cic=y and Princess were sweethearts. Princess became pregnant. nowingthat Cic=y is preparing for the e!aminations 6arforth a lawyer and cousin of

Princess threatened Cic=y with the $ling of a complaint for immorality in the

Supreme /ourt thus preventing him from ta=ing e!aminations unless he

marries Princess. As a conse#uence of the threat Cic=y married Princess. /an

the marriage be annulled on the ground of intimidation under Article ;O of

the Family /ode+ /hoose the best answer.

a) Mes because without the threat Cic=y would not have married

Princess.

b) Mes because the threat to enforce the claim of Princess vitiates theconsent of Cic=y in contracting the marriage.

c) 2o because the threat made by 6arforth is "ust and legal.

d) 2o because 6arforth is not a party to the contract of marriage

between Princess and Cic=y.

SUGGESTED ANSWER:

c) 2o because the threat made by 6arforth is "ust and legal. In Ke @eon v./ourt of Appeals the /ourt held that in order that intimidation may vitiate

consent and render the contract invalid the following re#uisites must concur3

-') that the intimidation must be the determining cause of the contract or

must have caused the consent to be givenR -%) that the threatened act be

un"ust or unlawfulR -() that the threat be real and serious there being an

evident disproportion between the evil and the resistance which all men can

o0er leading to the choice of the contract as the lesser evilR and -;) that it



produces a reasonable and well?grounded fear from the fact that the person

from whom it comes has the necessary means or ability to in4ict the

threatened in"ury.

%&. Audrey single bought a parcel of land in 6alolos /ity from Franco for P

'6illion. A contract was e!ecuted between them which already vested upon

Audrey full ownership of the property although payable in monthly

installments for a period of four -;) years. Ene -') year after the e!ecution of

the contract Audrey got married to Arnel. They e!ecuted a marriage

settlement whereby they agreed that their properties shall be governed by

the regime of con"ugal partnership of gains. Thereafter subse#uent

installments were paid from the con"ugal partnership funds. Is the land

con"ugal or paraphernal+

a) The land is con"ugal because the installments were paid from the

con"ugal partnership funds.

b) The land is paraphernal because ownership thereof was ac#uired

before the marriage.

c) The land is both con"ugal and paraphernal funds of installments

were paid from both the personal funds of Audrey and the con"ugal

partnership funds.

d) The land is paraphernal because it was Audrey who purchased the

same.

SUGGESTED ANSWER:

b< The !a%" $s aahe%a! because &*%esh$ thee&' *as acCu$e"

be'&e the #a$a3e.

At$c!e 15. All property brought by the wife to the marriage as well as all

property she ac#uires during the marriage in accordance with article ';9 isparaphernal.

At$c!e 1+. The following shall be the e!clusive property of each spouse3

-') That which is brought to the marriage as his or her ownR



-%) That which each ac#uires during the marriage by lucrative titleR

-() That which is ac#uired by right of redemption or by e!change with

other property belonging to only one of the spousesR

-;) That which is purchased with e!clusive money of the wife or of thehusband.

%'. ,rnesto donated a mobile phone worth P (%&&& to Bubert orally and

delivered the unit to Bubert who accepted. *hich statement is most

accurate+

a) The donation is void and ,rnesto may get mobile phone bac=.

b) The donation is void but ,rnesto cannot get the mobile phone bac=.

c) The donation is voidable and may be anulled.

d) The donation is valid.

SUGGESTED ANSWER:

a< The "&%at$&% $s -&$" a%" E%est& #ay 3et #&b$!e h&%e bac/.

At$c!e +. The donation of a movable may be made orally or in writing.

An oral donation re#uires the simultaneous delivery of the thing or of the

document representing the right donated.

I' the -a!ue &' the es&%a! &ety "&%ate" e(cee"s -e th&usa%"

es&s the "&%at$&% a%" the acceta%ce sha!! be #a"e $% *$t$%3.

the*$se the "&%at$&% sha!! be -&$".

%%. Agay a Filipino citizen and Topacio an Australian citizen got married in theconsular oGce of the Philippines in Australia. According to the laws of Australia amarriage solemnized by a consular oGcial is valid provided that such marriage iscelebrated in accordance with the laws of such consular oGcial. Under Philippinelaw what is the status of the marriage of Agay and Topacio+ /hoose the best



answer.a) oid because the consular oGcial only has authority to solemnize marriagesbetween Filipinos.

%(. Separation of property between spouses during the marriage may ta=e placeonly3

c) Upon order of the court.

%;. The husband may impugn the legitimacy of his child but not on the ground that3a) the wife is suspected of in$delity.

%O. A marriage is void if3

a) solemnized with a marriage license issued without complying with the

re#uired '&?day posting.

b) solemnized by a minister whom the parties believe to have the authority.

c) between parties both %( years of age but without parental advice.

d) none of the above

ANSWER: "< %&%e &' the ab&-e

;At$c!es 5 7 a%" + 4a#$!y ,&"e &' the h$!$$%es<

%. In legal separation which is not correct+

a) The aggrieved spouse may $le the action within $ve -O) years from the

time of the occurrence of the cause.

b) 2o trial shall be held without the ?month cooling o0 period being

observed.

c) The spouses will be entitled to live separately upon the start of the trial.

d) The prosecuting attorney has to conduct his own investigation.

A%s*e: "< The &secut$%3 att&%ey has t& c&%"uct h$s &*%



$%-est$3at$&%.

The 4a#$!y ,&"e &' the h$!$$%es u%"e At$c!e + thee&' eCu$es

the act$-e at$c$at$&% &' the &secut$%3 att&%ey & sca!

ass$3%e" t& $t t& aea &% beha!' &' the state t& ta/e ste t&

e-e%t c&!!us$&% bet*ee% the at$es a%" t& ta/e cae that thee-$"e%ce $s %&t 'ab$cate" & suesse".

%D. A husband by chance discovered hidden treasure on the paraphernal

property of his wife. *ho owns the discovered treasure+

a) The half pertaining to the husband -$nder) belongs to the con"ugal

partnership.

b) The half pertaining to the wife -as owner) belongs to the con"ugalpartnership.

c) Ene half shall belong to the husband as $nder and the other half shall

belong to the wife as owner of the property.

d) a and b

a%s*e: "< a a%" b .The half pertaining to the husband as $nder belongs to

the con"ugal partnership. The half pertaining to the wife as proprietor also

belongs to the con"ugal partnership -See Art. 'O;). C.A (9 /II@ /EK,

%9. *hich of the following marriages is void for reasons of publicpolicy+

a) etween brothers and sisters whether of the full or half blood.b) etween step?parents and step children.c) etween parents?in?law and children?in?law.

d) b and cSU77,ST,K A2S*,C3 -) ACT. (9

%8. The following constitute the di0erent circumstances or case offraud which will serves as ground for the annulment of a marriagee!cept+

a) 2on?disclosure of the previous conviction by $nal "udgment ofthe other party of a crime involving moral turpitude.



b) /oncealment of a se!ually?transmissible disease regardless of its nature e!isting at the time of the marriage.c) /oncealment of drug addiction habitual alcoholismhomose!uality or lesbianism e!isting at the time of marriage.d) /oncealment by the wife or the husband of the fact of se!ual

relations prior to the marriage.SU77,ST,K A2S*,C3 -K) ACT. ;

(&. *hich of the following is not a re#uisite for a valid donation propternuptias+

a) The donation must be made before the celebration of themarriage.b) The donation shall be automatically revo=ed in case of non?celebration of the marriage.c) The donation must be made in consideration of the marriage.

d) The donation must be made in favor of one or both of the

future spouses.SU77,ST,K A2S*,C3 -) ACT 9%

('. *ho are illegitimate children+

a) /hildren conceived or born outside a valid marriage.b) /hildren born under a valid marriage which was later declared void

because of the psychological incapacity of either or both of thespouses.

c) /hildren conceived and born outside a valid marriage.d) /hildren born under a valid marriage but the parents later obtained a

legal separation.

Suggested Answer:

c) /hildren conceived and born outside a valid marriage.

(%. An illegitimate child may use the surname of his father when his$liation is established in any of the following instances e!cept3

a) Filiation has been recognized by the father through the record of birth appearing in the civil register

b) Admission of $liation by the father in a public document.c) Private handwritten instrument is made by the father

ac=nowledging his $liation.d) AGdavit by the mother stating the name of his true father.

Suggested Answer:



d) AGdavit by the mother stating the name of his true father.

((. Under CA 9&;( an adopter is re#uired to be at least XXXX years oldand XXXX years older than the child to be adopted at the time of the

application unless the adopter is the parent by nature of the child.

a) (& and 'Ob) %D and 'c) O& and '&d) '9 and 'O

Suggested Answer:

b) %D and '

(;. Under CA 9&;( a child #uali$ed to be adopted is any person below XXXXX years old.

a) '9b) %'c) 'Od) '

Suggested Answer:

c) 'O

(O. *hich of the following KE,S 2ET result in permanent terminationof parental authority+

a) Keath of the parents.b) Keath of the child.c) ,mancipation of the child.d) /onviction of the parents of a crime which carries with it the

penalty of civil interdiction.

Suggested Answer:

d) /onviction of the parents of a crime which carries with it thepenalty of civil interdiction.

(. The court in an action $led for the purpose may suspend parentalauthority if the parent or the person e!ercising parental authoritycommits any of the following acts e!cept3



a) Treats the child with e!cessive harshness or cruelty.b) 7ives the child corrupting orders counsel or e!ample.c) /ompels the child to ta=e up a course in college against his>her

will.d) Sub"ects the child or allows him to be sub"ected to acts of

lasciviousness.

Suggested Answer:

c) /ompels the child to ta=e up a course in college againsthis>her will.

(D. *hich of the following statements is wrong+

a) The possessor in bad faith shall reimburse the fruits received andthose which the legitimate possessor could have received.

b) The possessor in bad faith has right of reimbursement fornecessary e!penses and those for the production gathering andpreservation of the fruits.

c) The possessor in bad faith is not entitled to a refund of ornamental e!penses.

d) The possessor in bad faith is entitled to a refund of usefule!penses.

Suggested Answer:

d) The possessor in bad faith is entitled to a refund of useful

e!penses.

(9. *hich phrase most accurately completes the statement The e!penses

incurred in improvements for the lu!ury or mere pleasure shall not be refunded to

thew possessor in bad faith3

a< but he #ay e#&-e the &b)ects '& *h$ch such e(e%ses

ha-e bee% $%cue" &-$"e" that the th$%3 su8es %& $%)uy

theeby a%" that the !a*'u! &ssess& "&es %&t e'e t&

eta$% the#.

b) and he may not remove the ob"ects for which such e!penses have

been incurred.

c) and he may not remove the ob"ects for which such e!penses have

been incurred unless he pays the value they may have at the time he

entered into possession.



d) but he may remove the ob"ects for which such e!penses have been

incurred.

SUGGESTED ANSWER:

A. =e3a! Bas$s $s At. ;%&t sue<

At$c!e . The owner of the land who ma=es thereon personally or through

another plantings constructions or wor=s with the materials of another shall paytheir valueR a%" $' he acte" $% ba" 'a$th he sha!! a!s& be &b!$3e" t& the

eaat$&% &' "a#a3es. The &*%e &' the #ate$a!s sha!! ha-e the $3ht t&

e#&-e the# &%!y $% case he ca% "& s& *$th&ut $%)uy t& the *&/

c&%stucte" & *$th&ut the !a%t$%3s c&%stuct$&%s & *&/s be$%3

"est&ye". Bowever if the landowner acted in bad faith the owner of the

materials may remove them in any event with a right to be indemni$ed for

damages. -(&a)

(8. The following are the limitations on the right of ownership imposed by the owner

himself e(cet:a< W$!!OSuccess$&%

b) 6ortgage

c) Pledge

d) @ease

SUGGESTED ANSWER:

A. I ha-e %& !e3a! bas$s bsta /y h&* ca% y&u !$#$t &*%e $' "ea" %a S&

that $s #y a%s*e. a(%(ah$. :<

;&. A plenary action for the recovery of the possession of real estate upon mere

allegation and proof of a better right thereto and without allegation of proof of title. This action can only be brought after the e!piration of one -') year. *hat action is

being referred to+

a< Acc$&% ub!$c$a%a

b) Accion reinvindicatoria

c) Accion interdictal

d) uieting of Title

A. Accion publiciana is a plenary action for recovery of possession in an ordinary

civil proceeding in order to determine the better and legal right to possess

independently of title.

;'. Action to recover real property based on ownership. Bere the ob"ect is the

recovery of the dominion over the property as owner. *hat action is being referred

to+

a) Accion publiciana

b< Acc$&% e$%-$%"$cat&$a

c) Accion interdictal

https://bataspinoy.wordpress.com/2012/02/02/accion-publiciana-is-a-plenary-action-for-recovery-of-possession-in-an-ordinary-civil-proceeding-in-order-to-determine-the-better-and-legal-right-to-possess-independently-of-title/








d) uieting of Title

SUGGESTED ANSWER:

B. Accion eivindicatoia & accion de eivindicacion $s thus a% act$&%

*heeby !a$%t$8 a!!e3es &*%esh$ &-e a ace! &' !a%" a%" see/s

ec&-ey &' $ts 'u!! &ssess$&%.

;%. A summary action to recover physical or material possession only and must be

brought within one -') year from the time the cause of action arises. *hat action is

being referred to+

a) Accion publiciana

b) Accion reinvindicatoria

c< Acc$&% $%te"$cta!

d) uieting of Title

SUGGESTED ANSWER:

C. Accion intedictal & a% e)ect#e%t &cee"$%3 *h$ch #ay be e$the that

'& '&c$b!e e%ty +detentacion& & u%!a*'u! "eta$%e +desa$ucio& *h$ch $sa su##ay act$&% '& ec&-ey &' hys$ca! &ssess$&% *hee the

"$s&ssess$&% has %&t !aste" '& #&e tha% &%e yea a%" sh&u!" be

b&u3ht $% the &e $%'e$& c&ut.

;(. The following things are property of public dominion e!cept3

a) ports and bridges constructed by the State.

b) vehicles and weapons of the Armed Forces of the Philippines.

c) rivers.

d) lands reclaimed by the state from the sea.

2o answer. 2earest is b< -eh$c!es a%" *ea&%s &' the A#e" 4&ces &' the

h$!$$%es but dli "pon because these are used for government services.

;;. *hich of the following statements is *&%3

a< at$#&%$a! &ety &' the state *he% %& !&%3e $%te%"e"

'& ub!$c use & '& ub!$c se-$ce sha!! bec&#e &ety &'

ub!$c "&#$%$&%.

b) all property of the State which is not of public dominion is

patrimonial property.

c) The property of provinces cities and municipalities is divided into

property for public use and patrimonial property.

d) Property is either of public dominion or of private ownership.

;O. The following cannot as= for the reduction of inoGcious donation e!cept3



b) The debtor contributed to the loss.c) The thing to be delivered is generic.d) The creditor is guilty of fraud negligence or delay or if hecontravened the tenor of the obligation.

=e3a! bas$s: At$c!e 1272

OD. u=o Fermin and Toti bound themselves solidarily to pay Ayee theamount of P O&&&.&&. Suppose u=o paid the obligation what is hisright as against his co?debtors+

a) u=o can as= for reimbursement from Fermin and Toti.b) u=o can sue Fermin and Toti for damages.c) u=o can sue for rescission.d) u=o can claim a refund from Ayee.

=e3a! bas$s: aa3ah 2 At$c!e 121

O9. u=o Fermin and Toti bound themselves solidarily to pay Ayee the

sum of P '&&&&.&&. *hen the obligation became due anddemandable Ayee sued u=o for the payment of the P '&&&&.&&. u=omoved to dismiss on the ground that there was failure to impleadFermin and Toti who are indispensable parties. *ill the motion todismiss prosper+ *hy+

a) Mes because Fermin and Toti should have been impleaded astheir obligation is solidary.b) 2o because the creditor may proceed against any one of thesolidary debtors or some or all of them simultaneously.c) 2o because a motion to dismiss is a prohibited pleading.d) Mes because Fermin and Toti should also pay their share of the

obligation.=e3a! bas$s: At$c!e 1217

O8. u=o Fermin and Toti are solidarily debtors of Ayee. Twelve -'%) years

after the obligation became due and demandable u=o paid Ayee and later

on as=ed for reimbursement of FerminHs and TotiHs shares. Is u=o correct+

*hy+

a< N& because the &b!$3at$&% has a!ea"y esc$be".

b) Mes because the obligation is solidary.

c) 2o because in solidary obligation any one of the solidary debtors

can pay the entire debt.

d) Mes because Fermin and Toti will be unduly enriched at the e!pense

of u=o.



=e3a! Bas$s: At 121+ Ne* ,$-$! ,&"e

&. u=o Fermin and Toti are solidary debtors under a loan obligation

of P (&&&&&.&& which has fallen due. The creditor has however condonedFerminHs entire share in the debt. Since Toti has become insolvent the

creditor ma=es a demand on u=o to pay the debt. Bow much if any may

u=o be compelled to pay+

a< 200.000.00

b) P (&&&&&.&&

c) P '&&&&&.&&

d) P 'O&&&&.&&

=e3a! Bas$s: At 1215 a. 1 Ne* ,$-$! ,&"e

'. Kina bought a car from <ai and delivered a chec= in payment of the same.

Bas Kina paid the obligation+ *hy+

a< N& %&t yet. The "e!$-ey &' &#$ss&y %&tes ayab!e t&

&"e & b$!!s &' e(cha%3e & &the #eca%t$!e "&cu#e%ts sha!!&"uce the e8ect &' ay#e%t &%!y *he% they ha-e bee%

cashe" & *he% th&u3h the 'au!t &' the ce"$t& they ha-e

bee% $#a$e".

b) Mes because a chec= is a valid legal tender of payment.

c) It depends. If the chec= is a managerHs chec= or cashierHs chec= it

will produce the e0ect of payment. If itHs an ordinary chec= no

payment.

d) Mes because a chec= is as good as cash.

=e3a! Bas$s: At 12 a. 2 Ne* ,$-$! ,&"e

%. The following are the re#uisites of legal compensation e(cet:



a) That each of the obligors is bound principally and that he be the

same time a principal creditor of the other.

b) That both debts consist in a sum of money or if the things due are

consumable they be the same =ind and also of the same #uality if the

latter has been stated.

c< That the t*& ;2< "ebts ae %&t yet "ue.

d) That they be li#uidated and demandable.

=e3a! Bas$s: At 12 Ne* ,$-$! ,&"e

(. *hich of the following statements is c&ect

a) All contracts are perfected by mere consent.

b) All contracts are perfected by delivery of the ob"ect.

c) All contracts are re#uired to be in writing.

"< A!! c&%tacts ae eCu$e" t& ha-e a -a!$" c&%s$"eat$&%.

=e3a! Bas$s: At 11+ Ne* ,$-$! ,&"e

;. It is a principle which holds that parties are bound not only by what has

been e!pressly provided for in the contract but also to the natural

conse#uences that 4ow out of such agreement.

a< b!$3at&y '&ce &' c&%tacts

b) 6utuality of contracts

c) Autonomy of contracts

d) Celativity of contracts

=e3a! Bas$s: At 10+ Ne* ,$-$! ,&"e

O. It is a principle which holds that contracts must be binding to both parties

and its validity and e0ectivity can never be left to the will of one of the



parties.

a) Ebligatory force of contracts

b< Mutua!$ty &' c&%tacts



=e3a! Bas$s: At 10+ Ne* ,$-$! ,&"e

. It refers to the rule that a contract is binding not only between

parties but e!tends to the heirs successors in interest and assignees of theparties rovided that the contract involved transmissible rights by their

nature or by stipulation or by law.





D. It is rule which holds that the freedom of the parties to contract includes

the freedom to stipulate provided the stipulations are not contrary to law

morals good customs public order or public policy.





9. The following are the ways by which innominate contracts are



regulated e(cet:

a) y the stiulation of the parties.

b) y the general rinciles of #uasi?contracts and delicts

c) y the rules governing the most analogous nominate contracts.

d) y the customs of the place.

Bas$s: Innominate contracts have been elevated to a codal provision in the

2ew /ivil /ode by providing under Article '(&D that such contracts shall be

regulated by the stipulations of the parties by the general provisions or

principles of obligations and contracts by the rules governing the most

analogous nominate contracts and by the customs of the people. The

rationale of this article was stated in the '8&( case of 'ere vs. 'omar -% Phil.

9%).

Source3 C,S,AC/B and S,CI/,S C,A@TM I2/. petitioner vs. /EUCT EF

APP,A@S and 6A2U,@ S. FE2A/I,C <C. respondents. 7.C. 2o. '%;&D;

<anuary %D '88D

8. An o0er becomes ine0ective on any of the following grounds e(cet3

a) Keath civil interdiction insanity>insolvency of either party beforeacceptance is conveyed.

b) Acceptance of the o0er by the o0eree.

c) uali$ed>conditional acceptance of the o0er which becomes

counter?o0er.

d) Sub"ect matter becomes illegal>impossible before acceptance is

communicated.

D&. *hich of the following statements is c&ect

a) E0ers in interrelated contracts are perfected upon consent.

b) E0ers in interrelated contracts re#uire a single acceptance.



c) usiness advertisements are de$nite o0ers that re#uire speci$c

acceptance.

d) Advertisements for idders are only invitations to ma=e proposals

and the advertiser is not bound to accept the highest>lowest bidder

unless it appears otherwise.

asis3 ACT. '(%. Advertisements for bidders are simply invitations to ma=e

proposals and the advertiser is not bound to accept the highest or lowest

bidder unless the contrary appears.

D'. The following are solemn contracts -/ontracts which must appear in

writing) e(cet:

a) Konations of real estate or of movables if the valuee!ceeds P O&&&.&&.

b) Stipulation to pay interest in loans.

c) Sale of land through an agent -authority must be in writing).

d) /onstruction contract of a building.

D%. The following are rescissible contracts e(cet:

a) ,ntered into by guardian whenever ward su0ers damage more than

Y of value of property.

b) Agreed upon in representation of absentees if absentee su0ers

lesion by more than Y of value of property.

c) /ontracts where fraud is committed on creditor -accion pauliana).

d) /ontracts entered into by minors.

D(. The following are the re#uisites before a contract entered into infraud of creditors may be rescinded e!cept3

d) The ob"ect of the contract must be legally in the possession of a (rd



person in good faith.-The action to rescind contracts in fraud of creditors is =nown as accionpauliana. For this action to prosper the following re#uisites must bepresent3 -') the plainti0 as=ing for rescission has a credit prior to thealienation although demandable laterR -%) the debtor has made a

subse#uent contract conveying a patrimonial bene$t to a third personR-() the creditor has no other legal remedy to satisfy his claimR -;) theact being impugned is fraudulentR -O) the third person who receivedthe property conveyed if it is by onerous title has been an accomplicein the fraud. Siguan vs. @im 7.C. 2o. '(;9O. 2ovember '8 '888)

D;. The following are the characteristics of a voidable contract e!cept3

d) /an be assailed only by either party.-Art. '(8&. The following contracts are voidable or annullable eventhough there may have been no damage to the contracting parties3

-') Those where one of the parties is incapable of giving consent to acontractR-%) Those where the consent is vitiated by mista=e violenceintimidation undue in4uence or fraud.)

DO. The following are void contracts e!cept3

d) Pacto de retroPactum commisorium ? Art. %&99. The creditor cannot appropriate thethings given by way of pledge or mortgage or dispose of them. Anystipulation to the contrary is null and void

Pact de non alienando ? Art. %'(&. A stipulation forbidding the ownerfrom alienating the immovable mortgaged shall be void.

Pactum leonine ? Art. 'D88. A stipulation which e!cludes one or morepartners from any share in the pro$ts or losses is void.

Pacto de retro ? Art. '&'. /onventional redemption shall ta=e placewhen the vendor reserves the right to repurchase the thing sold withthe obligation to comply with the provisions of Article '' and otherstipulations which may have been agreed upon.

D. The borrower in a contract of loan or mutuum must pay interest tothe lender.

a) If there is an agreement in writing to the e0ect.Art. '8O. 2o interest shall be due unless it has been e!presslystipulated in writing.



DD. The liability of the school its administrators and teachers or theindividual entity or institution engaged in child care over the minorchild or damage caused by the acts or omissions of the unemancipatedminor while under their supervision instruction or custody shall be3

b) Principal and solidaryArt. %'9. The school its administrators and teachers or the individualentity or institution engaged in child are shall have special parentalauthority and responsibility over the minor child while under theirsupervision instruction or custody.

Authority and responsibility shall apply to all authorized activitieswhether inside or outside the premises of the school entity orinstitution.

Art. %'8. Those given the authority and responsibility under the

preceding Article shall be principally and solidarily liable for damagescaused by the acts or omissions of the unemancipated minor. Theparents "udicial guardians or the persons e!ercising substituteparental authority over said minor shall be subsidiarily liable.

The respective liabilities of those referred to in the precedingparagraph shall not apply if it is proved that they e!ercised the properdiligence re#uired under the particular circumstances.

D9. The creditor has the right to the fruits of the thing from the time3

b) the obligation to deliver the things arises.Art. '';. The creditor has a right to the fruits of the thing from thetime the obligation to deliver it arises. Bowever he shall ac#uire noreal right over it until the same has been delivered to him.

D8. If one of the parties to the contract is without "uridical capacity thecontract is3

c) voidArt. (D. <uridical capacity which is the $tness to be the sub"ect of legalrelations is inherent in every natural person and is lost only through

death. /apacity to act which is the power to do acts with legal e0ectis ac#uired and may be lost.

9&. *hen both parties to the contract are minors the contract is3a) voidableb) rescissiblec) voidd) unenforceable



9'. *hen the consent of one of the parties was vitiated the contractis3

a) voidableb) rescissiblec) void

d) unenforceable9%. An obligation which is based on e#uity and natural law is =nown as3a) pureb) #uasi?contractc) civild) natural

9(. /onsent was given by one in representation of another but withoutauthority. The contract is3

a) voidableb) rescissiblec) void

d) unenforceable9;. 6ichael Fermin without the authority of Pascual @acas owner of acar sold the same car in the name of 6r. @acas to Atty. u=o. Thecontract between Atty. u=o and 6r. @acas is ???

a) void because of the absence of consent from the owner [email protected]) valid because all of the essential re#uisites of a contract arepresent.c) unenforceable because 6ichael Fermin had no authority buthe sold the car in the name of 6r. @acas the owner.d) rescissible because the contract caused lesion to Atty. u=o.

9O. *hich of the following contracts is void+a) An oral sale of a parcel of land.b) A sale of land by an agent in a public instrument where hisauthority from the principal is oral.c) A donation of a wrist watch worth P ;O&&.&&.d) A relatively simulated contract.

9. *hich of the following e!presses a correct principle of law+ /hoosethe best answer.

a) Failure to disclose facts when there is a duty to reveal themdoes not constitute fraud.b) iolence or intimidation does not render a contract annullable

if employed not by a contracting party but by a third person.c) A threat to enforce oneHs claim through competent authority if the claim is legal or "ust does not vitiate consent.d) Absolute simulation of a contract always results in a voidcontract.

SUGGESTED ANSWERS:9&. d -art ';&9 par.()9'. a -art '(8& par.%)



9%. d -art ';%()9(. d -art ';&9 par.')9;. c -art ';&9 par.')9O. b -art ';&8)9. d -art '(;)

+.Aligada orally o0ered to sell his two?hectare rice land to alanefor P '&6illion. The o0er was orally accepted. y agreement the landwas to be delivered -through e!ecution of a notarized Keed of Sale)and the price was to be paid e!actly one?month from their oralagreement. *hich statement is most accurate+Z

a) If Aligada refuses to deliver the land on the agreed datedespite payment by alane the latter may not successfully sue

Aligada because the contract is oral.b) If Aligada refused to deliver the land alane may successfullysue for ful$llment of the obligation even if he has not tenderedpayment of the purchase price.c) The contract between the parties is rescissible."< The c&%tact bet*ee% the at$es $s sub)ect t&at$cat$&% by the at$es.

=EGA= BASIS,9ATER + U%e%'&ceab!e ,&%tacts -n)N,, At$c!e 10. The following contracts are unenforceable unless

they are rati$ed3LLL-%) Those that do not comply with the Statute of Frauds as set forth inthis number. In the following cases an a3ee#e%t heea'te #a"esha!! be u%e%'&ceab!e by act$&% u%!ess the same or some noteor memorandum thereof be $% *$t$%3 and subscribed by the partycharged or by his agentR evidence therefore of the agreement cannotbe received without the writing or a secondary evidence of itscontents3LLL

-e) An agreement for the leasing for a longer period than

one year or '& the sale o% eal popet" or of an interestthereinR

At$c!e 107.*hen a contract is enforceable under the Statute ofFrauds and a public document is necessary for its registration in theCegistry of Keeds the parties may avail themselves of the right underArticle '(OD.,9ATER 4&# &' ,&%tacts



At$c!e 15.If the !a* eCu$es a "&cu#e%t & &the sec$a!'&# as in the acts and contracts enumerated in the following articlethe contacting paties ,a" co,pel eac$ ot$e to o#seve t$at%o, once the contract has been perfected. This right may bee!ercised simultaneously with the action upon the contract. -'%D8a)

++. *hich of the following statements is *&%3a) /reditors are protected in cases of contracts intended todefraud them.b) /ontracts ta=e e0ect only between the parties their assignand heirs e!cept in case where the rights and obligations arisingfrom the contract are not transmissible by their nature or bystipulation or by provision of law.c) If a contract should contain some stipulation in favor of a thirdperson he may demand its ful$llment provided he

communicated his acceptance to the obligor before itsrevocation."< I% c&%tacts ceat$%3 ea! $3hts th$" es&%s *h&c&#e $%t& &ssess$&% &' the &b)ect &' the c&%tact ae %&tb&u%" theeby.

=EGA= BASISN,, At$c!e 112. In contracts creating real rights, third

ersons who come into ossession of the ob/ect of the contract ae#ound t$ee#" sub"ect to the provisions of the 6ortgage @aw andthe @and Cegistration @aws. -n)

+. *hich phrase most accurately completes the statement Any thirdperson who induces another to violate his contract3

a) shall be liable for damages only if he is a party to the samecontract.b< sha!! be !$ab!e '& "a#a3es t& the &the c&%tact$%3aty.c) shall not be liable for damages to the other contracting party.d) shall not be liable for damages if the parties are in pari delicto.

=EGA= BASISN,, At$c!e 11. Any third person who induces another to violate

his contract s$all #e lia#le %o da,ages to t$e ot$e contacting pat". -n)

0. The re#uisites of succession are as follows e(cet:a) Keath of decedent



b) Transmissible estatec) ,!istence and capacity of successor designated by decedentor law"< ay#e%t &' Ta(es

=EGA= BASISa) Keath of decedent

N,, At$c!e . Succession is a mode of ac#uisition by

virtue of which the property rights and obligations to the

e!tent of the value of the inheritance of a es&% are

transmitted through h$s "eath to another or others either by

his will or by operation of law. -n)

b) Transmissible estate

N,, At$c!e 7. The inheritance -Cight to inherit as e!plainedbelow.) includes all the popet"' ig$ts and o#ligations o% a peson !$ic$ ae not e)tinguis$ed #" $is deat$. -O8)

c) ,!istence and capacity of successor designated by decedent or law

N,, At$c!e +2. Ene who has no compulsory heirs may dispose by willof all his estate or any part of it in favor of any peson $avingcapacit" to succeed .Ene who has compulsory heirs may dispose of his estate

provided he does not contravene the provisions of this /ode

with regard to the legitime of said heirs. -D(a)

1. The characteristics of succession are as follows e(cet:a< It $s a !e3a! c&%tact.b) Enly property rights and obligations to the e!tent of the valueof the inheritance are transmitted.c) The transmission ta=es place only at the time of death.d) The transmission ta=es place either by will or by operation oflaw.

=EGA= BASISN,, At$c!e . Succession is a mode of ac#uisition by virtue

of which the property rights and obligations to the e!tent of the valueof the inheritance of a person are transmitted through his death toanother or others either by his will or by operation of law. -n)See Paras on Succession %&&9 ,d. pg. (-%) Important ,lements of the Ke$nition

a.) mode of ac#uisition -or ownership)



b.< transfer of popet" ig$ts and o#ligations to t$e e)tento% t$e value o% t$e in$eitance of a person -called grantor ortransferor decedent testator or intestate)

c.< tans,ission t$u deat$ -not during life)d.) transmission to another -called grantee or transferee heir

legatee or devissee)e.) ".<#" !ill o #" opeation o% la! -testamentary or legalsuccession)

2. The following rights are e!tinguished by death e(cet:a) @egal supportb) Parental authorityc< R$3ht t& $%he$td) Agency

=EGA= BASISN,, At$c!e 7. The $%he$ta%ce ;R$3ht t& $%he$t as e(!a$%e"be!&*.< includes all the property rights and obligations of a person !$ic$ae not e)tinguis$ed #" $is deat$. -O8)See Paras on Succession %&&9 ,d. pg. ;

1< I%he$ta%ceJ D$st$%3u$she" 4&# Success$&%J

4n$eitance is t$e popet" o ig$t acquied +Rig$t to

4n$eit&R succession is the manner by virtue of which the

property or right is ac#uired.

. The attestation clause contains the following e(cet:a) the number of pages usedRb) that the testator signed or caused another to sign the will andevery page thereof in the presence of the instrumentalwitnessesRc< %&tay ub!$cFd) the instrumental witnesses witnessed and signed the will andall the pages thereof in the presence of the testator and oneanother.

=EAGA= BASISN,, At$c!e +05. ,very will other than a holographic will must be

subscribed at the end thereof by the testator himself or by the testator:sname written by some other person in his presence and by his e!pressdirection and attested and subscribed by three or more credible witnesses inthe presence of the testator and of one another.

The testator or the person re#uested by him to write his name and theinstrumental witnesses of the will shall also sign as aforesaid each and everypage thereof e!cept the last on the left margin and all the pages shall be



numbered correlatively in letters placed on the upper part of each page. The attestation shall state ;a<t$e nu,#e o% pages used upon which the will iswritten and the fact that ;b<t$e testato signed t$e !ill and eve" paget$eeo%' o caused so,e ot$e peson to !ite $is na,e' unde $is e)pessdiection' in t$e pesence o% t$e instu,ental !itnesses and that ;c< t$elatte !itnessed and signed t$e !ill and all t$e pages t$eeo% in t$e

pesence o% t$e testato and o% one anot$e.If the attestation clause is in a language not =nown to the

witnesses it shall be interpreted to them. -n)

8;. The following are the formalities re#uired in the e!ecution ofholographic will e!cept3a) ,ntirely writtenRb) KatedRc) Signed by testator himself d) 2otarized by a notary public.A2S*,C3 K

Art. 9&O. ,very will other than a holographic will must be subscribedat the end thereof by the testator himself or by the testator:s namewritten by some other person in his presence and by his e!pressdirection and attested and subscribed by three or more crediblewitnesses in the presence of the testator and of one another.

8O. The following are the grounds for disallowance of wills e!cept3a) The formalities re#uired by law have not been complied with.b) The testator was insane or mentally incapable of ma=ing will.c) The will was e!ecuted through force or under duress or in4uence offear or threats.d) The will contains an attestation clause.A2S*,C3 K

8. It is the omission in the testatorHs will of one some or all of thecompulsory heirs in direct line whether living at the time of e!ecutionof the will or born after the death of the testator. *hat principle isbeing referred to+a) reserva troncalb) preteritionc) $deicommissaryd) disposicion captatoriaA2S*,C3 Art. 9O;. The preterition or omission of one some or all of thecompulsory heirs in the direct line whether living at the time of thee!ecution of the will or born after the death of the testator shall annulthe institution of heirR but the devises and legacies shall be validinsofar as they are not inoGcious.



8D. Any disposition made upon the condition that the heir shall ma=esome provision in his will in favor of the testator or of any other personshall be void. Bere both the condition and the disposition are void.*hat principle is being referred to+a) reserva troncal

b) preteritionc) $deicommissaryd) disposicion captatoriaA2S*,C3 KArt. 9DO. Any disposition made upon the condition that the heir shallma=e some provision in his will in favor of the testator or of any otherperson shall be void.

89. *hich phrase most accurately completes the statement If at thetime the contract of sale is perfected the thing which is the ob"ect ofthe contract has been entirely lost3

a) the buyer bears the ris= of loss.b) the contract shall be without any e0ect.c) the seller bears the ris= of loss.d) the buyer may withdraw from the contract.A2S*,C3 Art. ';8(. If at the time the contract of sale is perfected the thingwhich is the ob"ect of the contract has been entirely lost the contractshall be without any e0ect.

88. A contract granting a privilege to a person for which he has paid aconsideration which gives him the right to buy certain merchandise or

speci$ed property from another person at anytime within the agreedperiod at a $!ed price. *hat contract is being referred to+a) Eption /ontractb) /ontract to Sellc) /ontract of Saled) @easeA2S*,C3 A

'&&. *hich of the following contracts of sale is void+a) Sale of ,76Hs car by CP ,76Hs agent whose authority is notreduced into writing.

b) Sale of ,76Hs piece of land by CP ,76Hs agent whose authority isnot reduced into writing.c) Sale of ,76Hs car by CP a person stranger to ,76 without ,76Hsconsent or authority.d) Sale of ,76Hs piece of land by CP a person stranger to ,76without ,76Hs consent or authority.A2S*,C3 Art. '9D;. *hen a sale of a piece of land or any interest therein is



through an agent the authority of the latter shall be in writingRotherwise the sale shall be void.

I.

a) Coberto was in 2i==o Botel when he bumped into a friend who wasthen on her way to a wedding reception being held in said hotel.Coberto alleged that he was then invited by his friend to "oin her atthe wedding reception and carried the bas=et full of fruits which shewas bringing to the a0air. At the reception the wedding coordinatorof the hotel noticed him and as=ed him allegedly in a loud voice toleave as he was not in the guest list. Be retorted that he had beeninvited to the a0air by his friend who however denied doing so.Keeply embarrassed by the incident Coberto then sued the hotelfor damages under Articles '8 and %' of the /ivil /ode. *ill

CobertoHs action prosper+ ,!plain. -O)

Suggested Answer:

2o. CobertoHs action will not prosper. From the facts given in theproblem the wedding coordinator did not abuse her right when sheas=ed him to leave the wedding reception because he was not in theguest list. Botel 2i==o could not be held liable for damages as itsliability springs from the liability of its employee -2i==o Botel 6anila7arden v. Ceyes 7.C. 2o. 'O;%O8 Feb %9 %&&O).

b) Cic=y donated P ' 6illion to the unborn child of his pregnantgirlfriend which she accepted. After si! -) months of pregnancythe fetus was born and baptized as Angela. Bowever Angela died%& hours after birth. Cic=y sought to recover the P ' 6illion. Is Cic=yentitled to recover+ ,!plain. -O)

Suggested Answer:

Mes Cic=y is entitled to recover the P'&&&&&&.&&. The 2//considers afetus a person for purposes favorable to it provided it is

born later in accordance with the provision of the 2//. *hile thedonation is favorable to the fetus the donation did not ta=e e0ectbecause the fetus was not born in accordance with the 2//.

To be considered born the fetus that had an intrauterine life of lessthan seven -D) months should live for %; hours from its completedelivery from the motherHs womb. Since Angela had an intrauterine lifeof less than seven -D) months but did not live for %; hours she was not



considered born and therefore did not become a person. 2ot being aperson she has no "uridical capacity to be a donee hence thedonation to her did not ta=e e0ect. The donation not being e0ectivethe amount donated may be recovered. To retain it will be un"ustenrichment.

II.

a) @iwayway inzons?/hato was then the /ommissioner of InternalCevenue while Fortune Tobacco /orporation is an entity engaged inthe manufacture of di0erent brands of cigarettes among which areQ/hampionQ QBopeQ and Q6oreQ cigarettes.

Fortune $led a complaint against inzons?/hato to recover damagesfor the alleged violation of its constitutional rights arising frominzons?/hatoHs issuance of Cevenue 6emorandum /ircular 2o. (D?

8(; -which re?classi$ed Fortune cigarettes as locally manufacturedwith foreign brands and thereby imposed higher ta!es) which theSupreme /ourt later declared invalid.

inzons?/hato $led a 6otion to Kismiss arguing that she cannot beheld liable for damages for acts she performed while in thedischarge of her duties as IC /ommissioner. Is she correct+,!plain. -O)

Suggested Answer: Mes. As a general rule a public oGcer is not liable for acts

performed in the discharge of his duties. The e!ceptions are when heacted with malice bad faith or gross negligence in the performance ofhis duty or when his act is in violation of a /onstitutional guaranteedright and liberties of a person under Art. (% of the 2//.

The public oGcer is not automatically considered to have violatedthe rights or liberties of a person simply because the rule the publicoGcer issued was declared invalid by the court. The complainant muststill allege and prove the particular in"ury or pre"udice he has su0eredfrom the violation of his constitutional right by the issuance of theinvalidated rule.

The problem does not state any fact from which any malice badfaith or gross negligence on the part of inzons?/hato may be inferredor the particular in"ury or pre"udice the complainant may have su0eredas a result of the violation of his constitutional right. Bence shecannotbe held liable.

The facts presented are similar to facts of the case of inzons?/hato



v. Fortune 7.C. 2o. ';'(&8 Kec %( %&&9.

b) The petitioner $led a petition for declaration of nullity of marriagebased allegedly on the psychological incapacity of the respondentbut the psychologist was not able to personally e!amine the

respondent and the psychological report was based only on thenarration of petitioner. Should the annulment be granted+ ,!plain.-O)

Suggested Answer:

The annulment cannot be guaranteed solely on the basis of thepsychological report. For the report to prove the psychologicalincapacity of the respondent it is re#uired that the psychologist shouldpersonally e!amine the respondent and the psychological reportshould be based on the psychologistHs independent assessment of the

facts as to whether or not the respondent is psychologicallyincapacitated.

Since the psychologist did not personally e!amine the respondentand his report is based solely on the story of the petitioner who has aninterest in the outcome of the petition the marriage cannot beannulled on the ground of respondentHs psychological incapacity ifthesaid report is the only evidence of respondentHs psychologicalincapacity.

III.

a) 6aria wife of Pedro withdrew P O 6illion from their con"ugal funds.*ith this money she constructed a building on a lot which sheinherited from her father. Is the building con"ugal or paraphernal+Ceasons. -O)

Suggested Answer:

It depends. If the value of the building is more than the value of theland the building is con"ugal and the land becomes con"ugal propertyunder Art. '%& of the Family /ode. This is a case of reverse accession

where the building is considered as the principal and the land theaccessory. If on the other hand the value of the land is more than thevalue of the building then the ordinary rule of accession applies wherethe land is the principal and the building the accessory. In such casethe land remains paraphernal property and the building becomesparaphernal property.

b) /ipriano and @ady 6iros married each other. @ady 6iros then left for



the US and there she obtained American citizenship. /ipriano laterlearned all about this including the fact that @ady 6iros has divorcedhim in America and that she had remarried there. Be then $led apetition for authority to remarry invo=ing Par. % Art. % of theFamily /ode. Is /ipriano capacitated to re?marry by virtue of the

divorce decree obtained by his Filipino spouse who was laternaturalized as an American citizen+ ,!plain. -O)

Suggested Answer:

Mes he is capacitated to remarry. *hile the second paragraph of Art% of the Family /ode is applicableonly to a Filipino who married a foreigner at the time of marriage theSupreme /ourt ruled in the case of Cepublic v. Erbecido 7.C. 2o.'O;(9& O Ect %&&O that the said provision e#ually applies to aFilipino who married another Filipino at the time of the marriage but

who was already a foreigner when the divorce was obtained.

I.

a) After they got married 2i==i discovered that /hristian was havingan a0air with another woman. ut 2i==i decided to give it a try andlived with him for two -%) years. After two -%) years 2i==i $led anaction for legal separation on the ground of /hristianHs se!ualin$delity. *ill the action prosper+ ,!plain. -O)

Suggested Answer:

Although the action for legal separation has not yet prescribed theprescriptive period being O years if /hriatianHs a0air with anotherwoman was ended when 2i==i decided to live with him again 2i==iHsaction will not prosper on account of condonation. Bowever if sucha0air is still continuing 2i==iHs action would prosper because theaction will surely be within $ve -O) years from the commission of thelatest act of se!ual in$delity. ,very act of se!ual liaison is a ground forlegal separation.

b) Bonorato $led a petition to adopt his minor illegitimate child

Stephanie alleging that StephanieHs mother is 7emma Astorga7arciaR that Stephanie has been using her motherHs middle nameand surnameR and that he is now a widower and #uali$ed to be heradopting parent. Be prayed that StephanieHs middle name bechanged from QAstorgaQ to Q7arciaQ which is her motherHs surnameand that her surname Q7arciaQ be changed to Q/atindigQ which ishis surname. This the trial court denied. *as the trial court correctin denying BororatoHs re#uest for StephanieHs use of her motherHs



surname as her middle name+ ,!plain. -O)

Suggested Answer:

2o the trial court was not correct. There is no law prohibiting an

illegitimate child adopted by his natural father to use as middle namehis motherHs surname. The law is silent as to what middle name anadoptee may use. In case of In re3Adoption of Stephanie 2athy Astorga7arcia 7.C. 2o. ';9('' 6arch (' %&&O the Supreme /ourt ruled thatthe adopted child may use the surname of the natural mother as hismiddle name because there is no prohibition in the law against it.6oreover it will also be for the bene$t of the adopted child who shallpreserve his lineage on his motherHs side and reinforce his right toinherit from his mother and her family. @astly it will ma=e the adoptedchild conform with the time?honored Filipino tradition of carrying themotherHs surname as the personHs middle name.

.

a) Spouses Primo and 6onina @im childless were entrusted with thecustody of two -%) minor children the parents of whom wereun=nown. ,ager of having children of their own the spouses madeit appear that they were the childrenHs parents by naming them6ichelle P. @im and 6ichael <ude @im. Subse#uently 6onina marriedAngel Elario after PrimoHs death.

She decided to adopt the children by availing the amnesty given

under C.A. 9OO% to those individuals who simulated the birth of achild. She $led separate petitions for the adoption of 6ichelle then%O years old and 6ichael '9. oth 6ichelle and 6ichael gaveconsent to the adoption.

The trial court dismissed the petition and ruled that 6onina shouldhave $led the petition "ointly with her new husband. 6onina in a6otion for Ceconsideration argues that mere consent of herhusband would suGce and that "oint adoption is not needed for theadoptees are already emancipated.

Is the trial court correct in dismissing the petitions for adoption+,!plain. -O)

Suggested Answer:

Mes the trial court was correct. At the time the petitions foradoptions were $led petitioner had already remarried. Under the lawhusband and wife shall adopt "ointly e!cept in the cases enumerated



in the law. The adoption cases of 6ichelle and <ames do not fall in anyof the e!ceptions provided in the law where a spouse is permitted toadopt alone. Bence 6onina should adopt "ointly with her husbandAngel -Adoption of 6ichelle P. @im 7.C. 2os. '988%?8( 6ay %'%&&8).

b) <ambrich an Austrian fell in?love and lived together with Kescallarand bought their houses and lots at Agro?6acro Subdivision. In the/ontracts to Sell <ambrich and Kescallar were referred to as thebuyers. *hen the Keed of Absolute Sale was presented forregistration before the Cegister of Keeds it was refused because <ambrich was an alien and could not ac#uire alienable lands of thepublic domain. After <ambrich and Kescallar separated <ambrichpurchased an engine and some accessories for his boat fromorromeo. To pay for his debt he sold his rights and interests in theAgro?6acro properties to orromeo.

orromeo discovered that titles to the three -() lots have beentransfereed in the name of Kescallar. *ho is the rightful owner ofthe properties+ ,!plain. -O)

Suggested Answer:

It depends. En the assumption that the Family /ode is theapplicable law the ownership of the properties depends on whether ornot <ambrich and Kescallar are capacitated to marry each other duringtheir cohabitation and whether or not both have contributed funds forthe ac#uisition of the properties.

If both of them are capacitated to marry each other Art ';D? co?ownership will apply to their property relations and the properties in#uestion are owned by them in e#ual shares even though all the fundsused in ac#uiring the properties came only from the salaries or wagesor the income of <ambrich from his business or profession. In suchcase while <ambrich is dis#uali$ed to own any part of the propertieshis subse#uent transfer of all his interest therein to orromeo aFilipino was valid as it removed the dis#uali$cation. In such case theproperties are owned by orromeo and Kescallar in e#ual shares.

If on the other hand <ambrich and Kescallar were not capacitatedto marryeach other Art. ';9?co?ownership governs their propertyrelations. Under this regime <ambrich and Kescallar are co?owners ofthe properties but only if both of them contributed in their ac#uisition.If all the funds used in ac#uiring the properties in #uestion came from <ambrich the entire property is his even though he is dis#uali$ed fromowning it. Bis subse#uent transfer to orromeo however is valid as itremoved the dis#uali$cation. In such case all the properties are owned



by orromeo. If on the other hand Kescallar contributed to theirac#uisition the properties are co?owned by Kescallar and orromeo inproportion to the respective contributions of the Kescallar and <ambrich.

2ote3 The facts of the problem are not e!actly the same as in thecase of orromeo v. Kescallar 7.C. 2E. 'O8('& Feb %; %&&8 hencethe di0erence in the resulting answer.

I.

a) Siga?an granted a loan to illanueva in the amount of P O;& &&&.&&.Such agreement was not reduced to writing. Siga?an demandedinterest which was paid by illanueva in cash and chec=s. The totalamount illanueva paid accumulated to P ' %&& &&&.&&. Uponadvice of her lawyer illanueva demanded for the return of the

e!cess amount of P & &&&.&& which was ignored by Siga?an.

'. Is the payment of interest valid+ ,!plain. -()

Suggested Answer:

2o Art. '8O /ivil /ode provides that no interest shall be dueunless it has been e!pressly stipulated in writing.V

%. Is solution indebiti applicable+ ,!plain. -%)

Suggested Answer:

Mes Solutio Indebiti is applicable because illanueva Everpaid byP&&&&&.&& representing interest payment which is not due. Be cantherefore demand its return.

b) ,ulalia was engaged in the business of buying and selling largecattle. In order to secure the $nancial capital sheadvanced for heremployees -biyaheros). She re#uired them to surrender T/T of theirproperties and to e!ecute the corresponding Keeds of Sale in herfavor. Komeng andong was not re#uired to post any security but

when ,ulalia discovered that he incurred shortage in cattleprocurement operation he was re#uired to e!ecute a Keed of Saleover a parcel of land in favor of ,ulalia. She sold the property to hergrandneice <ocelyn who thereafter instituted an action for e"ectmentagainst the Spouses andong.

To assert their right Spouses andong $led an action for annulmentof sale against ,ulalia and <ocelyn alleging that there was no sale



intended but only e#uitable mortgage for the purpose of securingthe shortage incurred by Komeng in the amount of P D& &&&.&&while employed as QbiyaheroQ by ,ulalia. *as the Keed of Salebetween Komeng and ,ulalia a contract of sale or an e#uitablemortgage+ ,!plain. -O)

Suggested Answer:

The contract between Komeng andong and ,ulalia was ane#uitable mortgage rather than a contract of sale. The purported deedof sale was actually intended to merely secure the payment of theshortage incurred by Komeng in the conduct of the cattle?buyingoperations. Under Art '&% /ivil /odethe contract shall be presumedto be an e#uitable mortgage when it may be fairly inferred that thereal intention of the parties is simply to secure the payment of a debtor the performance of any other obligation. The present transaction

was clearly intended to "ust secure the shortage incurred by ,ulaliabecause andung remained in possession of the property inspite of thee!ecution of the sale.

II.

a) 2atividadHs holographic will which had only one -') substantialprovision as $rst written named Cosa as her sole heir. Boweverwhen 7regorio presented it for probate it already contained analteration naming 7regorio instead of Cosa as sole heir butwithout authentication by 2atividadHs signature. Cosa opposes the

probate alleging such lac= of proper authentication. She claims thatthe unaltered form of the will should be given e0ect. *hose claimshould be granted+ ,!plain. -O)

Suggested Answer:

It depends. If the cancellation of CosaHs name in the will was doneby the testator himself CosaHs claimed that the holographic will in itsoriginal tenorshould be given e0ect must be denied. The saidcancellation has revo=ed the entire will as nothing remains of the willafter the name of Cosa was cancelled. Such cancellation is valid

revocation of the will and does not re#uire authentication by the fullsignature of the testator to be e0ective.

Bowever if the cancellation of CosaHs name was not done by thetestator himself such cancellation shall not be e0ective and the will inits original tenor shall remain valid. The e0ectively of the holographicwill cannot be left to the mercy of unscrupulous third parties.



The writing of 7regorioHs name as sole heir was ine0ective eventhough written by the testator himself because such is an alterationthat re#uires authentication by the full signature of the testator to bevalid and e0ective. 2ot having an authenticated the designation of7regorio as an heir was ine0ective -alaw v. Celova 7.C. 2o. @?;&%&D

Sept %9 '89;).

b) <ohn Sagun and 6aria /arla /amua ritish citizens at birthac#uired Philippine citizenship by naturalization after their marriage.Kuring their marriage the couple ac#uired substantial landholdingsin @ondon and in 6a=ati. 6aria begot three -() children <orge@uisito and <oshur. In one of their trips to @ondon the couplee!ecuted a "oint will appointing each other as their heirs andproviding that upon the death of the survivor between them theentire estate would go to <orge and @uisito only but the two -%) couldnot dispose of nor divide the @ondon estate as long as they live.

<ohn and 6aria died tragically in the @ondon subway terrorist attac=in %&&O. <orge and @uisito $led a petition for probate of theirparentsH will before a 6a=ati Cegional Trial/ourt. <oshur vehementlyob"ected because he was preterited.

'. Should the will be admitted to probate+ ,!plain. -%)

Suggested Answer:

2o the will should not be admitted to probate. Since the couplesare both Filipino citizens Art 9'9 and 9'8 of the 2// shall apply. Said

articles prohibits the e!ecution of "oint wills and ma=e them void eventhough authorized of the country where they were e!ecuted.

%. Are the testamentary dispositions valid+ ,!plain. -%)Suggested Answer:

Since the "oint will is void all the testamentary disposition writtentherein are also void. Bowever if the will is valid the institutions of theheirs shall be annulled because <oshur was preterited. Be waspreterited because he will receive nothing from the will will receivenothing in testacy and the facts do not show that he received anything

as an advance on his inheritance. Be was totally e!cluded from theinheritance of his parents.

(. Is the testamentary prohibition against the division of the @ondonestate valid+ ,!plain. -')

Suggested Answer:



Assuming the will of <ohn and 6aria was valid the testamentaryprohibition on the division of the @ondon estate shall be valid but onlyfor %& years. Under Arts '&9( and ;8; of the 2// a testamentarydisposition of the testator cannot forbid the partition of all or part ofthe estate for a period longer than twenty -%&) years.

III.

a) Cic=y and Arlene are married. They begot Franco during theirmarriage. Franco had an illicit relationship with Audrey and out of which they begot Arnel. Frnaco predeceased Cic=y Arlene andArnel. efore Cic=y died he e!ecuted a will which when submittedto probate was opposed by Arnel on the ground that he should begiven the share of his father Franco. Is the opposition of Arnelcorrect+ *hy+ -O)

Suggested Answer:

2o his opposition is not correct. Arnel cannot inherit from Cic=y inthe representation of his father Franco. In representation therepresentative must not only be a legal heir of the person he isrepresenting he must also be a legal heir of the decedent he see=s toinherit from.

*hile Arnel is a legal heir of Franco he is not a legal heir of Cic=ybecause underArt 88% of the 2// an illegitimate child has no right toinherit ab intestato from the legitimate children and relatives of his

father or mother. Arnel is dis#uali$ed to inherit from Cic=y becauseArnel is an illegitimate child of Franco and Cic=y is a legitimate relativeof Franco.

b) Bow can C<P distribute his estate by will if his heirs are </P his wifeRBC and C/ his parentsR and an illegitimate child S7E+

Suggested Answer:

A testator may dispose of by will the free portion of his estate. Sincethe legitime of </P is '>9 of the estate S7E is Y of the estate and that

of BC and C/ is [ of the hereditary estate under Art 998 of the 2//the remaining '>9 of the estate is the free portion which the testatormay dispose of by will.

IL.

a) Koes the right to re#uest for the issuance of a writ of possessionover a foreclosed real property prescribe in $ve -O) years+ -O)



Suggested Answer:

Mes it prescribes in $ve -O) years. If the real property mortgaged is "udicially foreclosed the action for "udicial foreclosure should be $led

within a period of ten -'&) years. The re#uest for issuance of a writ ofpossession should be $led upon motion of the winning bidder within$ve -O) years after the "udgment of foreclosure. The writ of possessionis an order commanding the sheri0 to place a person named therein inpossession of real property -PI v. Icot. 7.C. 2o. '9&9' Ect '% %&&8).

b) A petition for declaration of nullity of a void marriage can only be$led by either the husband or the wife+ Ko you agree+ ,!plain youranswer. -O)

Suggested Answer:

Mes I agree. Under the rules promulgated by the Supreme /ourt adirect action for declaration of nullity may only be $led by any of thespouses. Alternative Answer:

2011 BAR EXAM ;M,<

-')*hen does a declaration of absence of a missing person ta=e e0ect+

-A) Immediately from the issuance of the declaration of absence.-) ( months after the publication of the declaration of absence.;,< 7 #&%ths a'te the ub!$cat$&% &' the "ec!aat$&% &'abse%ce. ;At. +7 N,,<-K) 'O days from the issuance of the declaration of absence.

-%) The authority that school administrators e!ercise over schoolchildren under their supervision instruction or custody is called-A) legal parental authority.-) substitute parental authority.-/) ordinary parental authority.

;D< sec$a! ae%ta! auth&$ty. ;At. 21+ 4,<

-() /an future inheritance be the sub"ect of a contract of sale+-A) 2o since it will put the predecessor at the ris= of harm from atempted buyer contrary to public policy.-) Mes since the death of the decedent is certain to occur.;,< N& s$%ce the se!!e &*%s %& $%he$ta%ce *h$!e h$se"ecess& !$-es. ;At. 1 N,,<



-K) Mes but on the condition that the amount of the inheritance canonly be ascertained after the obligations of the estate have been paid.

-;) Upon the proposal of a third person a new debtor substituted theoriginal debtor without the latterHs consent. The creditor accepted the

substitution. @ater however the new debtor became insolvent anddefaulted in his obligation. *hat is the e0ect of the new debtorHsdefault upon the original debtor+;A< The &$3$%a! "ebt& $s 'ee" &' !$ab$!$ty s$%ce %&-at$&% t&&/!ace a%" th$s e!$e-e" h$# &' h$s &b!$3at$&%. ;At. 12 N,,<-) The original debtor shall pay or perform the obligation withrecourse to the new debtor.-/) The original debtor remains liable since he gave no consent to thesubstitution.-K) The original debtor shall pay or perform O& of the obligation toavoid un"ust enrichment on his part.

-O) @ennie bought a business class tic=et from Alta Airlines. As shechec=ed in the manager downgraded her to economy on the groundthat a /ongressman had to be accommodated in the business class.@ennie su0ered the discomfort and embarrassment of the downgrade.She sued the airlines for #uasi?delict but Alta Airlines countered thatsince her travel was governed by a contract between them no #uasi?delict could arise. Is the airline correct+;A< N& the beach &' c&%tact #ay $% 'act be t&t$&us as *he%$t $s ta$%te" as $% th$s case *$th ab$ta$%ess 3&ss ba" 'a$tha%" #a!$ce. ;At. 2201 N,,<

-) 2o denying @ennie the comfort and amenities of the business classas provided in the tic=et is a tortious act.-/) Mes since the facts show a breach of contract not a #uasi?delict.-K) Mes since #uasi?delict presupposes the absence of a pre?e!istingcontractual relation between the parties.

-) *hich of the following is an indispensable re#uirement in an actionfor Q#uieting of titleQ involving real property+ The plainti0 must

-A) be in actual possession of the property.

-) be the registered owner of the property.

-/) have legal or e#uitable title to the property.

At. 911. T$e plainti ,ust $ave legal o equita#le titleto' o inteest in t$e eal popet" !$ic$ is t$e su#;ect-,atte o% t$e action. *e need not #e in possession o%



said popet".

-K) be the bene$cial owner of the property.

-D) L and M were to marry in ( months. 6eantime to e!press his

a0ection L donated a house and lot to M which donation L wrote in aletter to M. M wrote bac= accepting the donation and too= possession of the property. efore the wedding however M suddenly died of heartattac=. /an MHs heirs get the property+

-A) 2o since the marriage did not ta=e place.

-) Mes since all the re#uisites of a donation of an immovable arepresent.

-/) 2o since the donation and its acceptance are not in a public

instrument.

At. 192. 4n ode t$at t$e donation o% an i,,ova#le ,a" #e valid' it ,ust #e ,ade in a pu#lic instu,ent'speci%"ing t$eein t$e popet" donated and t$e value o%t$e c$ages !$ic$ t$e done ,ust satis%".

-K) Mes since L freely donated the property to M who became itsowner.

-9) Cene and @ily got married after a brief courtship. After one month

@ily discovered that while Cene presented himself as a macho man hewas actually gay. Be would not go to bed with her. Be =ept obscenemagazines of nude men and always sought the company of handsomeboys. *hat legal remedy does @ily have+

-A) She can $le an action for annulment of marriage on ground of fraud.

At. 9/ o% t$e <a,il" Code. A ,aiage' ,a"#e annulled%o an" o% t$e %ollo!ing causes' e)isting at t$e ti,e o%t$e ,aiage: +0& T$at t$e consent o% eit$e pat" !as

o#tained #" %aud' unless suc$ pat" a%te!ads' !it$ %ull 5no!ledge o% t$e %acts constituting t$e %aud' %eel"co$a#ited !it$ ot$e as $us#and and !i%e.

At. 9= %ut$e povides t$at an" o% t$e %ollo!ingcicu,stances s$all constitute %aud e%eed to innu,#e 0 o% t$e peceding Aticle: Conceal,ent o% dugaddiction hab$tua! a!c&h&!$s# & h&#&se(ua!$ty &



!esb$a%$s# e($st$%3 at the t$#e &' #a$a3e.

-) She can see= a declaration of nullity of the marriage based onCeneHs psychological incapacity.

-/) She can go abroad and $le for divorce in a country that cangrant it.

-K) She has none since she had the opportunity to e!amine thegoods and freely entered into the marriage.

-8) @ucio e!ecuted a simple deed of donation of PO& million on timedeposit with a ban= in favor of A / K and , without indicating theshare of each donee. All the donees accepted the donation in writing.A one of the donees died. *ill / K and , get AHs share in themoney+

-A) Mes accretion will automatically apply to the "oint?donees ine#ual shares.

-) Mes since the donorHs intention is to give the whole of PO&million to the "ointdonees in e#ual shares.

-/) 2o AQs share will revert to the donor because accretionapplies only if the "oint?donees are spouses.

-K) 2o AHs share goes to his heirs since the donation did not

provide for reversion to donor.

At. 1/0. W$en a donation is ,ade to seveal pesons ;ointl"' it is undestood to #e in equal s$aes' and t$ees$all #e no ig$t o% accetion a,ong t$e,' unless t$edono $as ot$e!ise povided.

At. 1/1. Revesion ,a" #e validl" esta#lis$ed in %avo o% onl" t$e dono %o an" case and cicu,stances' #ut not in%avo o% ot$e pesons unless t$e" ae all living at t$eti,e o% donation.

An" evesion stipulated #" t$e dono in %avo o% a t$id peson in violation o% !$at is povided in t$e peceding paagap$ s$all #e void' #ut s$all not nulli%" t$edonation.

-'&) Caul ,ster and Cufus inherited a '&?hectare land from theirfather. efore the land could be partitioned however Caul sold his



hereditary right to Ca0y a stranger to the family for PO million. Ko,ster and Cufus have a remedy for =eeping the land within theirfamily+

-A) Mes they may be subrogated to Ca0yHs right by reimbursing

to him within the re#uired time what he paid Caul.

At. 6. S$ould an" o% t$e $eis sell $is $eedita"ig$ts #e%oe patition' an" o all o% t$e co-$eis ,a" #esu#ogated to t$e ig$ts o% t$e puc$ase #" ei,#using$i, %o t$e pice o% t$e sale' povided t$e" do so !it$int$e peiod on one ,ont$ %o, t$e ti,e t$e" !ee noti>ed in !iting o% t$e sale #" t$e vendo.

-) Mes they may be subrogated to Ca0yHs right provided theybuy him out before he registers the sale.

-/) 2o they can be subrogated to Ca0yHs right only with hisconformity.

-K) 2o since there was no impediment to Caul selling hisinheritance to a stranger.

-'') *hen one e!ercises a right recognized by law =nowing that he thereby

causes an in"ustice to another the latter is entitled to recover damages. Thisis =nown as the principle of

-A) res ipsa lo#uitur.

-) damnum abs#ue in"uria.

-/) vicarious liability.

-K< abuse &' $3hts. At 1 a%" 21 Ne* ,$-$! ,&e RA +7

-'%) *hich of the following is 2ET a basis for rendering a disinheritancedefective or imperfect+

-A) Its cause comes from the guilt of a spouse in a legal separation

case the innocent?spouse having died. At 7 a 4a#$!y ,&"e

-) The truth of its cause is denied and not suGciently proved by



;A< A!! es&%s *h& ca% e%te $%t& c&%tacts a%" "$s&se &'

the$ &ety. At 5 N,,

-) All persons who are of legal age and su0er from no civil

interdiction.

-/) All persons who can ma=e a last will and testament.

-K) All persons whether natural or arti$cial who own property.

-') The liability of the partners including industrial partners forpartnership contracts entered into in its name and for its account

when all partnership assets have been e!hausted is;A< &ata. -) <oint. -/) Solidary.-K) oluntary.=EGA= BASIS:ACTI/@, '9'. All partners including industrial ones shall be liable prorata with all their property and after all the partnership assets havebeen e!hausted for the contracts which may be entered into in thename and for the account of the partnership under its signature andby a person authorized to act for the partnership. Bowever anypartner may enter into a separate obligation to perform a partnershipcontract.

-'D) *hen can a missing person who left someone to administer hisproperty be declared an absentee by the court+ *hen he has beenmissing for -A) % years from the receipt of the last news about him. -) D years from the receipt of the last news about him.-/) '& years from the receipt of the last news about him. ;D< 5 yeas '&# the ece$t &' the !ast %e*s ab&ut h$#.=EGA= BASIS:Article (9;. Two years having elapsed without any news about theabsentee or since the receipt of the last news and $ve years incase the absentee has left a person in charge of the administration ofhis property his absence may be declared.

-'9) *hich of the following claims against the debtor en"oys preferenceover the others with respect to his speci$c immovable property and



real rights+ -A) Unpaid price of real property sold upon the immovable property.-) 6ortgage credits recorded in the registry of property upon themortgaged real estate. ;,< Ta(es "ue u&% the !a%" & bu$!"$%3.

-K) ,!penses for the preservation and improvement of property whenthe law authorizes reimbursement upon the preserved or improvedimmovable.=EGA= BASIS:Article %%;%. *ith reference to speci$c immovable property and realrights of the debtor the following claims mortgages and liensshall be preferred and shall constitute an encumbrance on theimmovable or real right3

-') Ta!es due upon the land or buildingR-%) For the unpaid price of real property sold upon theimmovable soldR

-() /laims of laborers masons mechanics and other wor=menas well as of architects engineers and contractorsengaged in the construction reconstruction or repair ofbuildings canals or other wor=s upon said buildings canals orother wor=sR-;) /laims of furnishers of materials used in the constructionreconstruction or repair of buildings canals or otherwor=s upon said buildings canals or other wor=sR-O) 6ortgage credits recorded in the Cegistry of Property uponthe real estate mortgagedR-) ,!penses for the preservation or improvement of real

property when the law authorizes reimbursement upon theimmovable preserved or improvedR-D) /redits annotated in the Cegistry of Property in virtue of a "udicial order by attachments or e!ecutions upon theproperty a0ected and only as to later creditsR-9) /laims of co?heirs for warranty in the partition of animmovable among them upon the real property thus dividedR-8) /laims of donors or real property for pecuniary charges orother conditions imposed upon the donee upon theimmovable donatedR-'&) /redits of insurers upon the property insured for the

insurance premium for two years.

-'8) *hen bilateral contracts are vitiated with vices of consent theyare rendered -A) rescissible.-) void.-/) unenforceable. ;D< -&$"ab!e.



=EGA= BASIS:Article '(8&. The following contracts are voidable or annullable eventhough there may have been no damage to the contracting parties3-') Those where one of the parties is incapable of giving consent to acontractR

-%) Those where the consent is vitiated by mista=e violenceintimidation undue in4uence or fraud. These contracts are binding unless they are annulled by a properaction in court. They are susceptible of rati$cation.

-%&) An agent authorized by a special power of attorney to sell a landbelonging to the principal succeeded in selling the same to a buyeraccording to the instructions given the agent. The agent e!ecuted thedeed of absolute sale on behalf of his principal two days after theprincipal died an event that neither the agent nor the buyer =new atthe time of the sale. *hat is the standing of the sale+

-A) oidable.;B< ?a!$". -/) oid. -K) Unenforceable.=EGA= BASIS:Article '9D;. *hen a sale of a piece of land or any interest therein isthrough an agent the authority of the latter shall be in writingRotherwise the sale shall be void.Article '9D9. Special powers of attorney are necessary in the followingcases3

-') To ma=e such payments as are not usually considered as acts

of administrationR-%) To e0ect novations which put an end to obligations already ine!istence at the time the agency was constitutedR-() To compromise to submit #uestions to arbitration torenounce the right to appeal from a "udgment to waiveob"ections to the venue of an action or to abandon a prescriptionalready ac#uiredR-;) To waive any obligation gratuitouslyR-O) To enter into any contract by which the ownership of animmovable is transmitted or ac#uired either gratuitously orfor a valuable considerationR

-) To ma=e gifts e!cept customary ones for charity or thosemade to employees in the business managed by theagentR-D) To loan or borrow money unless the latter act be urgent andindispensable for the preservation of the things whichare under administrationR-9) To lease any real property to another person for more thanone yearR



-8) To bind the principal to render some service withoutcompensationR-'&) To bind the principal in a contract of partnershipR-'') To obligate the principal as a guarantor or suretyR-'%) To create or convey real rights over immovable propertyR

-'() To accept or repudiate an inheritanceR-';) To ratify or recognize obligations contracted before theagencyR-'O) Any other act of strict dominion.

%'. Spouses A and leased a piece of land belonging to :s parents for %O

years. The spouses built their house on it worth P(&&&&&. Subse#uently in acase that / $led against A and the court found the latter liable to / for

P%&&&&&. *hen the sheri0 was attaching their house for the satisfaction of

the "udgement A and claimed that it was e!empt from e!ecution being a

family home. Is the claim correct+ /) 2o since the land does not belong to A

and it cannot #ualify as a family home. ARTI,=E 152. The 'a#$!y h&#e

c&%st$tute" )&$%t!y by the husba%" a%" the *$'e & by a% u%#a$e"

hea" &' a 'a#$!y $s the "*e!!$%3 h&use *hee they a%" the$ 'a#$!y

es$"e a%" the !a%" &% *h$ch $t $s s$tuate". ;GUIDE=INES: ;1< It $s

"ee#e" c&%st$tute" '&# t$#e &' actua! &ccuat$&% as a 'a#$!y

es$"e%ceF ;2< It #ust be &*%e" by es&% c&%st$tut$%3 $tF ;< It #ust

be e#a%e%tF ;< Ru!e a!$es t& -a!$" a%" -&$"ab!e a%" e-e% t&

c&##&%!a* #a$a3es u%"e Ats.1 a%" 1+F ;5< It c&%t$%ues

"es$te "eath &' &%e & #&e s&uses & u%#a$e" hea" &' 'a#$!y

'& 10 yeas & as !&%3 as thee $s a #$%& be%ec$ay ;At.15<F ;7<

,a% &%!y c&%st$tute &%e 'a#$!y h&#e<

%%. Solomon sold his coconut plantation to Aragon Inc for P'&& millionpayable in installments of '&6 per month with interest per annum.

Solomon married @orna after O months and they chose con"ugalpartnership of gains to govern their relations. *hen they marriedAragon had an unpaid balance of PO&6 plus interest in Solomon:sfavor. To whom will Aragon :s monthly payments go after the marriage+K) The principal shall go to Solomon but the interest to the con"ugalpartnership. ARTI,=E 107. U%"e the e3$#e &' c&%)u3a!at%esh$ &' 3a$%s the husba%" a%" *$'e !ace $% a c&##&%'u%" the &cee"s &"ucts 'u$ts a%" $%c&#e '&# the$



seaate &et$es a%" th&se acCu$e" by e$the & b&ths&uses th&u3h the$ e8&ts & by cha%ce a%" u&%"$ss&!ut$&% &' the #a$a3e & &' the at%esh$ the %et 3a$%s& be%ets &bta$%e" by e$the & b&th s&uses sha!! be "$-$"e"eCua!!y bet*ee% the# u%!ess &the*$se a3ee" $% the

#a$a3e sett!e#e%ts.

%(. L and M although not su0ering from any impediment cohabited ashusband and wife without the bene$t of marriage. Following the birthof their child the couple got married. A year after however the courtannulled the marriage and issued a decree of annulment. *hat is thepresent status of the child+ A) legitimated. ARTI,=E 1+.=e3$t$#at$&% sha!! ta/e !ace by a subseCue%t -a!$" #a$a3ebet*ee% ae%ts. The a%%u!#e%t &' a -&$"ab!e #a$a3e sha!!%&t a8ect the !e3$t$#at$&%. ;N&te: T BE ,AAB=E 4=EGITIMATIN: ;1< The ch$!" #ust ha-e bee% c&%ce$-e" a%"

b&% &uts$"e &' *e"!&c/F a%" ;2< Ge%ea! u!e: The ae%ts atthe t$#e &' the ch$!"@s c&%cet$&% *ee %&t "$sCua!$e" by a%y$#e"$#e%t t& #ay each &the ;At. 1<. E(cet$&%: RA +5+ ,h$!"e% b&% t& ae%ts *h& *ee s& "$sCua!$e" &%!ybecause e$the & b&th &' the# *ee be!&* e$3htee% ;1+<yeas &' a3e at the t$#e &' ch$!"Js c&%cet$&% #ay be!e3$t$#ate".<

%;. *hen A and married they chose con"ugal partnership of gains togovern their property relations. After ( years succeeded in gettingher marriage to A annulled on ground of the latter:s psychological

incapacity. *hat li#uidation procedure will they follow in disposing oftheir assets+ /) The li#uidation of a co?ownership applies since theannulment brought their property relation under the chapter onproperty regimes without marriage.ARTI,=E 1. Whe% a #a% a%"a *&#a% *h& ae caac$tate" t& #ay each &the !$-ee(c!us$-e!y *$th each &the as husba%" a%" *$'e *$th&ut thebe%et &' #a$a3e & u%"e a -&$" #a$a3e the$ *a3es a%"sa!a$es sha!! be &*%e" by the# $% eCua! shaes a%" the&ety acCu$e" by b&th &' the# th&u3h the$ *&/ &$%"usty sha!! be 3&-e%e" by the u!es &% c&&*%esh$.

%O. L and M agreed verbally before their marriage -a) on the paternityof the illegitimate child of M and -b) on the economic regime that willgovern L and M:s property relations. Is the verbal agreement valid+ A)2o because a marriage settlement to be valid should be in writing.ARTI,=E . The #a$a3e sett!e#e%ts a%" a%y #&"$cat$&%thee&' sha!! be $% *$t$%3 s$3%e" by the at$es a%" e(ecute"be'&e the ce!ebat$&% &' the #a$a3e. They sha!! %&te)u"$ce th$" es&%s u%!ess they ae e3$stee" $% the !&ca!



c$-$! e3$sty *hee the #a$a3e c&%tact $s ec&"e" as *e!!as $% the &e e3$st$es &' &et$es.

%. Spouses L and M have a minor daughter N who needs support for hereducation.oth L and M who are $nancially distressed could not give theneeded support to N.As it happens NHs other relatives are $nancially capable ofgiving that support. Fromwhom may N $rst rightfully demand support+ From her

a. grandfather.b. brother.c. uncle.d. $rst cousin.

Suggested Answer:

grandfather.

%D. Fidel a Filipino with fair comple!ion married 7loria. efore the marriage7loriaconfessed to Fidel that she was two?month pregnant with the child of ablac= Africanwho had left the country for good. *hen the child was born Fidelcould not accept itbeing too blac= in comple!ion. *hat is the status of the child+

a. Illegitimate because 7loria confessed that the child is not FidelHs.b. Illegitimate because by the color of its s=in the child could not possibly bethat of Fidel.c. @egitimate because the child was born within a valid marriage.d. @egitimate because Fidel agreed to treat the child as his own after 7loria toldhimwho the father was.

Suggested Answer:

c.@egitimate because the child was born within a valid marriage.

%9. The husbandHs acts of forcibly e"ecting his wife without "ust cause fromthecon"ugal dwelling and refusing to ta=e her bac= constitutes

a. desertion.b. recrimination.c. constructive abandonment.d. de facto separation.

Suggested Answer:

c. constructive abandonment.

%8. In his will the testator designated L as a legatee to receive P% million forthepurpose of buying an ambulance that the residents of his arangay canuse.*hat =ind of institution is this+

a. a $deicomissary institution.



b. a modal institution.c. a conditional institution.d. a collective institution.

Suggested Answer:

b. a modal institution.

(&. L insured himself for PO million designating M his wife as his sole bene$ciary. The designation was irrevocable. A few years later L had their marriage annulled incourt on the ground that M had an e!isting prior marriage. L subse#uently died Is Mentitled to the insurance bene$ts+

a. Mes since the insurance was not dependent on the marriage.b.Mes since her designation as bene$ciary was irrevocable.c. 2o LHs designation of M is revo=ed by operation of law upon the annulment of their marriage based on MHs fault.d. Mes since without "udicial revocation LHs designation of M remains valid and

binding.

Suggested Answer:

c. 2o LHs designation of M is revo=ed by operation of law upon the annulment of their marriage based on MHs fault.

('. 6ay a spouse freely donate communal or con"ugal property withoutthe

consent of the other+

A. Absolutely not since the spouses co?own such property.. Mes for properties that the family may spare regardless of value./. Mes provided the donation is moderate and intended for charity orfamilyre"oicing.K. Mes in a donation mortis causa that the donor may still revo=e in hislifetime.

SUGGESTED ANSWER:

,. Yes &-$"e" the "&%at$&% $s #&"eate a%" $%te%"e" '&cha$ty & 'a#$!ye)&$c$%3. At$c!e + &' the 4a#$!y ,&"e provides 2either spousemay donate any community property without the consent of the other.Bowever either spouse may without the consent of the other ma=emoderate donations from the community property for charity or onoccasions of family re"oicing or family distress.V



is not suGcient. The contracting parties must have clearly and deliberately

conferred a favor upon a third person.

(;. A buyer ordered O&&& apples from the seller at P%& per apple. Thesellerdelivered &&& apples. *hat are the rights and obligations of thebuyer+

A. Be can accept all &&& apples and pay the seller at P%& per apple.. Be can accept all &&& apples and pay a lesser price for the '&&&e!cessapples./. Be can =eep the &&& apples without paying for the '&&& e!cesssince the

seller delivered them anyway.K. Be can cancel the whole transaction since the seller violated theterms of theiragreement.

SUGGESTED ANSWER:

A. 9e ca% accet a!! 7000 a!es a%" ay the se!!e at 20 e

a!e. At$c!e 1522 &' the ,$-$! ,&"e provides *here the seller delivers

to the buyer a #uantity of goods less than he contracted to sell the buyer

may re"ect them but if the buyer accepts or retains the goods so delivered

=nowing that the seller is not going to perform the contract in full he mustpay for them at the contract rate. If however the buyer has used or disposed

of the goods delivered before he =nows that the seller is not going to perform

his contract in full the buyer shall not be liable for more than the fair value to

him of the goods so received.

Whee the se!!e "e!$-es t& the buye a Cua%t$ty &' 3&&"s !a3e

tha% he c&%tacte" t& se!! the buye #ay accet the 3&&"s $%c!u"e"

$% the c&%tact a%" e)ect the est. I' the buye accets the *h&!e &'

the 3&&"s s& "e!$-ee" he #ust ay '& the# at the c&%tact ate.

*here the seller delivers to the buyer the goods he contracted to sell mi!ed

with goods of a di0erent description not included in the contract the buyer

may accept the goods which are in accordance with the contract and re"ect

the rest.

In the preceding two paragraphs if the sub"ect matter is indivisible the buyer

may re"ect the whole of the goods.



The provisions of this article are sub"ect to any usage of trade special

agreement or course of dealing between the parties.V

(O. @ino entered into a contract to sell with Camon underta=ing toconvey to thelatter one of the $ve lots he owns without specifying which lot it wasfor the priceof P' million. @ater the parties could not agree which of $ve lots heowned @inoundertoo= to sell to Camon. *hat is the standing of the contract+

A. Unenforceable.. oidable./. Cescissible.

K. oid.SUGGESTED ANSWER:

D. ?&$". At$c!e 10 &' the ,$-$! ,&"e provides The followingcontracts are ine!istent and void from the beginning3

-') Those whose cause ob"ect or purpose is contrary to law morals

good customs public order or public policyR

-%) Those which are absolutely simulated or $ctitiousR

-() Those whose cause or ob"ect did not e!ist at the time of thetransactionR

-;) Those whose ob"ect is outside the commerce of menR

-O) Those which contemplate an impossible serviceR

;7< Th&se *hee the $%te%t$&% &' the at$es e!at$-e t& the

$%c$a! &b)ect &' the c&%tact ca%%&t be asceta$%e"R

-D) Those e!pressly prohibited or declared void by law.V

() nowing that the car had a hidden crac= in the engine L sold it to M withoutinforming the latter about it. In any event the deed of sale e!pressly stipulated that



L was not liable for hidden defects. Koes M have the right to demand from L areimbursement of what he spent to repair the engine plus damages+-) Mes since the defect was not hiddenR L =new of it but he acted in bad faith in notdisclosing the fact to M.

-(D) Acme /annery produced sardines in cans =nown as QSards.Q 6ylene bought a

can of Sards from a store ate it and su0ered from poisoning caused by a no!ioussubstance found in the sardines. 6ylene $led a case for damages against Acme.*hich of the following defenses will hold+-A) The e!piry date of the QSardsQ was clearly printed on its can still the store soldand 6ylene bought it.

-(9) Fernando e!ecuted a will prohibiting his wife 6arina from remarrying after hisdeath at the pain of the legacy of P'&& 6illion in her favor becoming a nullity. ut ayear after FernandoHs death 6arina was so overwhelmed with love that she marriedanother man. Is she entitled to the legacy the amount of which is well within thecapacity of the disposable free portion of FernandoHs estate+-K) 2o since such prohibition is authorized by law and is not repressiveR she could

remarry but must give up the money.

-(8) L the owner constituted a '&?year usufruct on his land as well as on thebuilding standing on it in MHs favor. After 4ood totally destroyed the building O yearslater L told M that an act of 7od terminated the usufruct and that he should vacatethe land. Is L the owner of the land correct+-) 2o since M still has the right to use the land and the materials left on it.

-;&) In gratitude the groomHs parents made a donation of a property in writing tothe brideHs parents shortly before their childrenHs wedding. The donation wasaccepted. *hat is the nature of the donation+-A) It is an ordinary donation since it was not given to the bride or groom.

-;') L and M both Filipinos were married and resided in Spain although they

intend to return to the Philippines at some future time. They have not

e!ecuted any marriage settlements. *hat law governs their property

relations+

-A) They may choose between Spanish law and Philippine law.

-) Philippine law since they are both Filipinos.

-/) 2o regime of property relations will apply to them.

-K) Spanish law since they live in Spain.



A%s*e: ;B< h$!$$%e !a* s$%ce they ae b&th 4$!$$%&s.

At$c!es u t& 1+ '&# T$t!e I? &' the 4a#$!y ,&"e ae the

3&-e%$%3 !a*s &% the &ety e!at$&%s bet*ee% husba%" a%" *$'e.

I% the abse%ce &' a c&%tay st$u!at$&% $% a #a$a3e sett!e#e%t

the &ety e!at$&%s &' the s&uses ae 3&-e%e" by h$!$$%e!a*s e3a"!ess &' the !ace &' the ce!ebat$&% &' the #a$a3e a%"

the$ es$"e%ce. ;At. +0.<

-;%) irth determines personality. Keath e!tinguishes it. Under what

circumstances may the personality of a deceased person continue to e!ist+

-A) In case of re?appearance of a missing person presumed dead.

-) In protecting the wor=s of a deceased under intellectual property laws.

-/) In case of declaration of presumptive death of a missing spouse.

-K) In the settlement of the estate of a deceased person.

ANSWER: ;D< I% the sett!e#e%t &' the estate &' a "ecease" es&%.

At. 2. ,$-$! es&%a!$ty $s e(t$%3u$she" by "eath.

The e8ect &' "eath u&% the $3hts a%" &b!$3at$&%s &' the "ecease"$s "ete#$%e" by !a* by c&%tact a%" by *$!!. ;2a< ARTI,=E 2 ,I?I=

,DE

-;() Si! tenants sued L the landowner for willfully denying them water for

their farms which water happened to 4ow from land under LHs control his

intention being to force them to leave his properties. Is L liable for his act and

why+

-A) 2o because the tenants must be content with waiting for rainfall for theirfarms.

-) 2o since L owns both the land and the water.

-/) Mes because the tenantsH farms have the natural right of access to water

wherever it is located.



-K) Mes since L willfully caused in"ury to his tenants contrary to morals good

customs or public policy.

A%s*e: ;D< Yes s$%ce X *$!!'u!!y cause" $%)uy t& h$s te%a%ts

c&%tay t& #&a!s 3&&" cust&#s & ub!$c &!$cy.

,I?I= ,DE At. 1. E-ey es&% #ust $% the e(ec$se &' h$s $3hts

a%" $% the e'&#a%ce &' h$s "ut$es act *$th )ust$ce 3$-e e-ey&%e

h$s "ue a%" &bse-e h&%esty a%" 3&&" 'a$th.

-;;) Illegitimate brothers and sisters whether of full or half?blood are bound

to support each other ,L/,PT when

-A) the brother or sister who needs support lives in another place.

-) such brothers and sisters are not recognized by their father.

-/) the brother or sister in need stops schooling without valid reason.

-K) the need for support of a brother or sister already of age is due to the

latter:s fault.

A%s*e: ;D< the %ee" '& su&t &' a b&the & s$ste a!ea"y &'

a3e $s "ue t& the !atte@s 'au!t. E-e% b&thes a%" s$stes %&t

!e3$t$#ate!y e!ate" *hethe 'u!! & ha!' b!&&" ae !$/e*$se b&u%" t&su&t each &the t& the 'u!! e(te%t &' th&se set '&th u%"e At$c!e

1 e(cet &%!y *he% the %ee" '& su&t &' the b&the & s$ste

*h& $s &' a3e $s "ue t& a cause $#utab!e t& the c!a$#a%tJs 'au!t &

%e3!$3e%ce ;At$c!e 17 I".<. 4AMI=Y ,DE

-;O) irgilio owned a bare and simple swimming pool in his garden. 6 a D?

year old child surreptitiously entered the garden and merrily romped around

the ledges of the pool. Be accidentally tripped fell into the pool and

drowned. 6Hs parents sued irgilio for damages arising from their childHsdeath premised on the principle of Qattractive nuisanceQ. Is irgilio liable for

the death of 6+

-A) 2o the child was D years old and =new the dangers that the pool o0ered.

-) Mes being an attractive nuisance irgilio had the duty to prevent children



from coming near it.

-/) 2o since the pool was bare and had no enticing or alluring gadgets

4oats or devices in it that would attract a D?year old child.

-K) Mes since irgilio did not cover the swimming pool while not in use toprevent children from falling into it.

ANSWER: ;,< N& s$%ce the &&! *as bae a%" ha" %& e%t$c$%3 &

a!!u$%3 3a"3ets P&ats & "e-$ces $% $t that *&u!" attact a yea

&!" ch$!".

%e *h& #a$%ta$%s &% h$s estate & e#$ses a% attact$-e %u$sa%ce

*$th&ut e(ec$s$%3 "ue case t& e-e%t ch$!"e% '&# !ay$%3

thee*$th & es&t$%3 theet& $s !$ab!e t& a ch$!" &' te%"e yeas

*h& $s $%)ue" theeby e-e% $' the ch$!" $s tech%$ca!!y a tesasse $%

the e#$ses. ;Hac& Ma/et$%3 ,&. -. ,A 11 S,AD +1+ 21 S,RA

5 ;11< aas . 1<

-;) The term of a O?year lease contract between L the lessor and M the

lessee where rents were paid from month to month came to an end. Still M

continued using the property with LHs consent. In such a case it is

understood that they impliedly renewed the lease

-A) from month to month under the same conditions as to the rest.

-) under the same terms and conditions as before.

-/) under the same terms e!cept the rent which they or the court must

$!.

-K) for only a year with the rent raised by '& pursuant to the rental

control law.

@,7A@ PCEISIE2 3 ACT 'D&



-;D) Ce! a philanthropist donated a valuable lot to the municipality on the

condition that it will build a public school on such lot within % years from its

acceptance of the donation. The municipality properly accepted the donation

but did not yet build the public school after % years. /an Ce! revo=e thedonation+

-A) Mes since the donation is sub"ect to a resolutory condition which

was not ful$lled.

-) 2o but Ce! is entitled to recover the value of the land from the

municipality.

-/) 2o the transfer of ownership has been completed.

-K) Mes the donation is not deemed made until the suspensivecondition has been ful$lled.

@,7A@ PCEISIE23 ACT D;

-;9) Illegitimate children those not recognized by their biological fathers

shall use the surname of their

-A) biological father sub"ect to no condition.

-) mother or biological father at the motherHs discretion.

-/) mother.

-K) biological father unless he "udicially opposes it.

@,7A@ PCEISIE23

-;8) Asiong borrowed P' million from a ban= secured by a mortgage on his

land. *ithout his consent his friend oyong paid the whole loan. Since

Asiong bene$ted from the payment can oyong compel the ban= to

subrogate him in its right as mortgagee of Asiong:s land+

-A) 2o but the ban= can foreclose and pay oyong bac=.



-) 2o since oyong paid for AsiongHs loan without his approval.

-/) Mes since a change of creditor too= place by novation with the

ban=Hs consent.

-K) Mes since it is but right that oyong be able to get bac= his moneyand if not to foreclose the mortgage in the manner of the ban=

@,7A@ PCEISIE23 ACT '%(D

-O&) /ongress passed a law imposing ta!es on income earned out of a

particular activity that was not previously ta!ed. The law however ta!ed

incomes already earned within the $scal year when the law too= e0ect. Is the

law valid+

-A) 2o because laws are intended to be prospective not retroactive.

-) 2o the law is arbitrary in that it ta!es income that has already

been spent.

-/) Mes since ta! laws are the lifeblood of the nation.

-K) Mes ta! laws are an e!ceptionR they can be given retroactivee0ect.

O'. Cudolf borrowed P' million from Codrigo and Fernando who acted as solidarycreditors. *hen the loan matured Codrigo wrote a letter to Cudolf demandingpayment of the loan directly to him. efore Cudolf could comply Fernando went tosee him personally to collect and he paid him. Kid Cudolf ma=e a valid payment+

a. 2o since Cudolf should have split the payment between Codrigo and Fernando.b. 2o since Codrigo the other solidary creditor already made a prior demand forpayment from Cudolf.c.. Mes since the payment covers the whole obligation.d. Mes since Fernando was a solidary creditor payment to him e!tinguished the

obligation.

Suggested Answer:

b. 2o since Codrigo the other solidary creditor already made a prior demand forpayment from Cudolf.

O%. *hat happens to the property regimes that were subsisting under the 2ew/ivil/ode when the Family /ode too= e0ect+



A. The original property regimes are immutable and remain e0ective.. Those en"oying speci$c regimes under the 2ew /ivil /ode may adopt theregimeof absolute community of property under the Family /ode./. Those that married under the 2ew /ivil /ode but did not choose any of itsregimes shall now be governed by the regime of absolute community of property.

K. They are superseded by the Family /ode which has retroactive e0ect.

Suggested Answer:

A. The original property regimes are immutable and remain e0ective.

O(. The testator e!ecuted a will following the formalities re#uired by the lawonsuccession without designating any heir. The only testamentary disposition inthewill is the recognition of the testator:s illegitimate child with a popular actress.Is thewill valid+

A. Mes since in recognizing his illegitimate child the testator has made him hisheir.

. 2o because the non?designation of heirs defeats the purpose of a will./. 2o the will comes to life only when the proper heirs are instituted.K. Mes the recognition of an illegitimate heir is an ample reason for a will.

Suggested Answer:

K. Mes the recognition of an illegitimate heir is an ample reason for a will.

O;. A left his wife in the Philippines to wor= in ,gypt but died in thatcountryafter a yearHs continuous stay. Two months after AHs death gave birth toachild claiming it is AHs child. *ho can assail the legitimacy of the child+

A. AHs other heirs apart from .. The State which has interest in the welfare of overseas contract wor=ers./. Any one who is outraged by Hs claim.K. 2o one since A died.

Suggested Answer:

A. AHs other heirs apart from .

OO. C and TS who had a marriage license re#uested a newly appointed <udgein6anila to marry them on the beach of oracay. Since the <udge maintainedoracayas his residence he agreed. The sponsors were all public oGcials.*hat is the statusof the marriage.

A. alid since the improper venue is merely an irregularityR all the elements of avalid marriage are present.. oid because the couple did not get local permit for a beach wedding./. oidable because the <udge acted beyond his territorial "urisdiction andisadministratively liable for the same.



K. oid because the <udge did not solemnize the marriage within the premisesof his court.

Suggested Answer:

A. alid since the improper venue is merely an irregularityR all the elements of avalid marriage are present.

O) L and M Filipinos got married in @os Angeles USA using a marriage license

issued by the Philippine consul in @os Angeles acting as /ivil Cegistrar. L and M did

not =now that they were $rst cousins because their mothers who were sisters were

separated when they were #uite young. Since L did not want to continue with the

relation when he heard of it he left M came to the Philippines and married N. /an L

be held liable for bigamy+

-A) 2o since LHs marriage to M is void ab initio or did not e!ist.

-) 2o since L acted in good faith conscious that public policy did not

approve of marriage between $rst cousins.

;,< Yes s$%ce he #a$e" Q *$th&ut st secu$%3 a )u"$c$a!

"ec!aat$&% &' %u!!$ty &' h$s #a$a3e t& Y.

-K) Mes since his $rst marriage to M in @os Angeles is valid.

SUGGESTED ANSWER:

,. At. 0. The abs&!ute %u!!$ty &' a e-$&us #a$a3e #ay be $%-&/e" '&

u&ses &' e#a$a3e &% the bas$s s&!e!y &' a %a! )u"3#e%t "ec!a$%3

such e-$&us #a$a3e -&$". ;%<.

-OD) Allan bought illyHs property through /arlos an agent empowered with a

special power of attorney -SPA) to sell the same. *hen Allan was ready to pay as

scheduled illy called directing Allan to pay directly to him. En learning of this

/arlos illy:s agent told Allan to pay through him as his SPA provided and to

protect his commission. Faced with two claimants Allan consigned the payment in

court. illy protested contending that the consignation is ine0ective since no

tender of payment was made to him. Is he correct+

;A< N& s$%ce c&%s$3%at$&% *$th&ut te%"e &' ay#e%t $s

a!!&*e" $% the 'ace &' the c&%P$ct$%3 c!a$#s &% the !a$%t$8.

-) Mes as owner of the property sold illy can demand payment

directly to himself.

-/) Mes since Allan made no announcement of the tender.



-K) Mes a tender of payment is re#uired for a valid consignation.

SUGGESTED ANSWER:

At$c!e 1257. If the creditor to whom tender of payment has been made refuses

without "ust cause to accept it the debtor shall be released from responsibility by

the consignation of the thing or sum due./onsignation alone shall produce the same e0ect in the following cases3

-') *hen the creditor is absent or un=nown or does not appear at the

place of paymentR

-%) *hen he is incapacitated to receive the payment at the time it is

dueR

-() *hen without "ust cause he refuses to give a receiptR

;< Whe% t*& & #&e es&%s c!a$# the sa#e $3ht t& c&!!ectF

-O) *hen the title of the obligation has been lost. -''Da)

-O9) L sold M '&& sac=s of rice that M was to pic= up from LHs rice mill on a particulardate. M did not however appear on the agreed date to ta=e delivery of the rice.

After one wee= L automatically rescinded the sale without notarial notice to M. Is

the rescission valid+

;A< Yes aut&#at$c esc$ss$&% $s a!!&*e" s$%ce ha-$%3 the

chaacte &' #&-ab!es a%" c&%su#ab!es $ce ca% eas$!y

"ete$&ate.

-) 2o the buyer is entitled to a customary (&?day e!tension of his

obligation to ta=e delivery of the goods.

-/) 2o since there was no e!press agreement regarding automatic

rescission.-K) 2o the seller should $rst determine that M was not "usti$ed in

failing to appear.

SUGGESTED ANSWER:

At$c!e 15. W$th esect t& #&-ab!e &ety the esc$ss$&% &' the sa!e

sha!! &' $3ht ta/e !ace $% the $%teest &' the -e%"& $' the -e%"ee u&%

the e($at$&% &' the e$&" (e" '& the "e!$-ey &' the th$%3 sh&u!" %&t

ha-e aeae" t& ece$-e $t & ha-$%3 aeae" he sh&u!" %&t ha-e

te%"ee" the $ce at the sa#e t$#e u%!ess a !&%3e e$&" has bee%

st$u!ate" '& $ts ay#e%t. ;1505<

-O8) The wife $led a case of legal separation against her husband on the ground of

se!ual in$delity without previously e!erting earnest e0orts to come to a

compromise with him. The "udge dismissed the case for having been $led without

complying with a condition precedent. Is the dismissal proper+

-A) 2o e0orts at a compromise will only deepen the wifeHs anguish.



;B< N& s$%ce !e3a! seaat$&% !$/e -a!$"$ty &' #a$a3e $s %&t

sub)ect t& c&#&#$se a3ee#e%t '& u&ses &' !$%3.

-/) Mes to avoid a family feud that is hurtful to everyone.

-K) Mes since the dispute could have been settled with the parties

agreeing to legal separation.

SUGGESTED ANSWER:At. 70. N& "ecee &' !e3a! seaat$&% sha!! be base" u&% a st$u!at$&% &'

'acts & a c&%'ess$&% &' )u"3#e%t.

I% a%y case the ,&ut sha!! &"e the &secut$%3 att&%ey & sca!

ass$3%e" t& $t t& ta/e stes t& e-e%t c&!!us$&% bet*ee% the at$es a%"

t& ta/e cae that the e-$"e%ce $s %&t 'ab$cate" & suesse". ;101a<

-&) An Australian living in the Philippines ac#uired shares of stoc= worth P'& million

in food manufacturing companies. Be died in 6anila leaving a legal wife and a child

in Australia and a live?in partner with whom he had two children in 6anila. Be also

left a will done according to Philippine laws leaving all his properties to his live?inpartner and their children. *hat law will govern the validity of the disposition in the

will+

-A) Australia law since his legal wife and legitimate child are

Australians and domiciled in Australia.

;B< Austa!$a% !a* s$%ce the $%t$%s$c -a!$"$ty &' the &-$s$&%s

&' a *$!! $s 3&-e%e" by the "ece"e%tJs %at$&%a! !a*.

-/) Philippine law since the decedent died in 6anila and he e!ecuted

his will according to such law.

-K) Philippine law since the decedentHs properties are in the

Philippines.SUGGESTED ANSWER:

At$c!e 17. Rea! &ety as *e!! as es&%a! &ety $s sub)ect t& the !a*

&' the c&u%ty *hee $t $s st$u!ate".

9&*e-e $%testate a%" testa#e%tay success$&%s b&th *$th esect t&

the &"e &' success$&% a%" t& the a#&u%t &' success$&%a! $3hts a%" t&

the $%t$%s$c -a!$"$ty &' testa#e%tay &-$s$&%s sha!! be e3u!ate" by the

%at$&%a! !a* &' the es&% *h&se success$&% $s u%"e c&%s$"eat$&%

*hate-e #ay be the %atue &' the &ety a%" e3a"!ess &' the c&u%ty

*hee$% sa$" &ety #ay be '&u%". ;10a<

'. L bought a land from M paying him cash. Since they were friendsthey did not e!ecute any document of sale. After D years the heirs of Las=ed M to e!ecute a deed of absolute sale to formalize the verbal saleto their father. Unwilling to do so L:s heirs $led an action for speci$cperformance against M. *ill the action prosper+ A) 2o after more than



years the action to enforce the verbal agreement has alreadyelapsed.At. 115. The '&!!&*$%3 act$&%s #ust be c&##e%ce"*$th$% s$( yeas:;1< U&% a% &a! c&%tactF;2< U&% a Cuas$c&%tact.

%. A court declared Cicardo an old bachelor an absentee andappointing /icero administrator of his property. After a year it wasdiscovered that Cicardo had died abroad. *hat is the e0ect of the factof his death on the administration of his property+ ) theadministration shall be given by the court having "urisdiction over theintestate proceedings to a new administrator whom it will appoint. At+. The a"#$%$stat$&% sha!! cease $% a%y &' the '&!!&*$%3cases: ;2< *he% "eath &' the abse%tee $s &-e" a%" h$stestate & $%testate he$s aea.

(. aldo a re"ected suitor intimidated <udy into marrying him. *hile

she wanted to #uestion the validity of their marriage two years afterthe intimidation ceased "udy decided in the meantime to freely cohabitwith aldo. After more than O years following their wedding <udy wantsto $le a case for annulment of marriage against aldo on ground oflac= of consent. *ill her action prosper+ ) 2o since the marriage wasmerely voidable and <udy rati$ed it by freely cohabiting with aldoafter the force and intimidation had ceased.ARTI,=E 5. A #a$a3e#ay be a%%u!!e" '& a%y &' the '&!!&*$%3 causes e($st$%3 atthe t$#e &' the #a$a3e:;< That the c&%se%t &' e$the aty*as &bta$%e" by '&ce $%t$#$"at$&% & u%"ue $%Pue%ce u%!essthe sa#e ha-$%3 "$saeae" & cease" such aty theea'te

'ee!y c&hab$te" *$th the &the as husba%" a%" *$'eF

;. Is the wife who leaves her husband without a "ust cause entitled tosupport+ /) 2o because in leaving the con"ugal home without "ustcause she forfeits her right to support. ARTI,=E 100. Theseaat$&% $% 'act bet*ee% husba%" a%" *$'e sha!! %&t a8ectthe e3$#e &' abs&!ute c&##u%$ty e(cet that: ;1< The s&use*h& !ea-es the c&%)u3a! h&#e & e'uses t& !$-e thee$%*$th&ut )ust cause sha!! %&t ha-e the $3ht t& be su&te"F;N&te: G&$t$a - ,a#&s Rue"a 171,&ut ca%%&t c&#e! the*&#a% t& 3& bac/ t& the husba%". The "uty &' the husba%" t&

su&t the *$'e $s a!s& %&t te#$%ate" because she !e't theh&use *he% $t $s the husba%"Js 'au!t she !e't $% the st !ace

O. In the order of intestate succession where the decedent inlegitimate who is the last intestate heirs of heir who will inherit if allheirs in the higher level are dis#uali$ed or unable to inherit+ /) state.At. 1011. I% "e'au!t &' es&%s e%t$t!e" t& succee" $%acc&"a%ce *$th the &-$s$&%s &' the ece"$%3 Sect$&%s the



State sha!! $%he$t the *h&!e estate.

-) Coy and /arlos both undertoo= a contract to deliver to Sam in 6anila aboat doc=ed in Subic. efore they could deliver it however the boat san= in a

storm. The contract provides that fortuitous event shall not e!empt Coy and

/arlos from their obligation. Ewing to the loss of the motor boat such

obligation is deemed converted into one of indemnity for damages. Is the

liability of Coy and /arlos "oint or solidary+

-A) 2either solidary nor "oint since they cannot waive the defense of

fortuitous event to which they are entitled.

-) Solidary or "oint upon the discretion of Sam.

-/) Solidary since Coy and /arlos failed to perform their obligation to

deliver the motor boat.

-K) <oint since the conversion of their liability to one of indemnity for

damages made it "oint.


-D) <oanne married <ames a person with no =nown relatives. Through <ames:

hard wor= he and his wife <oane prospered. *hen <ames died his estate

alone amounted to P'&& million. If in his will <ames designates <oanne as his

only heir what will be the free portion of his estate.

-A) <oanne gets allR estate has no free portion left.

-) <oanne gets '>%R the other half is free portion.

-/) <oanne gets '>(R the remaining %>( is free portion.

-K) <oanne gets '>;R the remaining (>; is free portion.


-9) A warranty inherent in a contract of sale whether or not mentioned in it



is =nown as the

-A) warranty on #uality.

-) warranty against hidden defects.

-/) warranty against eviction.

-K) warranty in merchantability.

=e3a! bas$s: aa3ah 1 At$c!e 15

-8) The doctrine of stare decisis prescribes adherence to precedents in order

to promote the stability of the law. ut the doctrine can be abandoned

-A) *hen adherence to it would result in the 7overnmentHs loss of its

case.

-) *hen the application of the doctrine would cause great pre"udice to

a foreign national.

-/) *hen necessary to promote the passage of a new law.

-K) *hen the precedent has ceased to be bene$cial and useful.

=e3a! bas$s: At$c!e +

-D&) Cic and <osie Filipinos have been sweethearts for O years. *hile wor=ing

in a ,uropean country where the e!ecution of "oint wills are allowed the two

of them e!ecuted a "oint holographic will where they named each other as

sole heir of the other in case either of them dies. Unfortunately Cic died a

year later. /an <osie have the "oint will successfully probated in the

Philippines+

-A) Mes in the highest interest of comity of nations and to honor the

wishes of the deceased.

-) 2o since Philippine law prohibits the e!ecution of "oint wills and

such law is binding on Cic and <osie even abroad.

-/) Mes since they e!ecuted their "oint will out of mutual love and care



values that the generally accepted principles of international law

accepts.

-K) Mes since it is valid in the country where it was e!ecuted applying

the principle of Qle! loci celebrationis.Q

=e3a! bases: At$c!e +1+ a%" At$c!e +1

-D') 6@ inherited from his father PO million in legitime but he waived it in a

public instrument in favor of his sister M who accepted the waiver in writing.

ut as it happened 6@ borrowed P million from PF before the waiver. PF

ob"ected to the waiver and $led an action for its rescission on the ground that

he had the right to 6@Hs PO million legitime as partial settlement of what 6@owed him since 6@ has proved to be insolvent. Koes PF as creditor have the

right to rescind the waiver+

-A) 2o because the waiver in favor of his sister M amounts to a

donation and she already accepted it.

;B< Yes because the *a$-e $s e)u"$c$a! t& the $%teest &' a

th$" es&% *h&se $%teest $s ec&3%$6e" by !a*.

-/) 2o PF must wait for 6@ to become solvent and thereafter sue himfor the unpaid loan.

-K) Mes because a legitime cannot be waived in favor of a speci$c heirR

it must be divided among all the other heirs.

=e3a! Bas$s: At 1052 Ne* ,$-$! ,&"e

-D%) *hile engaged to be married Arnold and <osephine agreed in a public

instrument to adopt out the economic regime of absolute community of

property. Arnold ac=nowledged in the same instrument that <osephineHs

daughter 6ary is his illegitimate child. ut <osephine died before themarriage could ta=e place. Koes the marriage settlement have any

signi$cance+

-A) 2one since the instrument containing the marriage settlement is

essentially void for containing an unrelated matter.



;B< Yes $%s&'a as A%&!" ac/%&*!e"3e" May as h$s

$!!e3$t$#ate ch$!".

-/) 2one since the marriage did not ta=e place.

-K) Mes if they ac#uired properties while living together as husbandand wife.

=e3a! Bas$s: At 15 4a#$!y ,&"eF At 12 ;2< 4a#$!y ,&"e

-D() <oseph a 'D?year old Filipino married <enny a %'?year old American in

Illinois USA where the marriage was valid. Their parents gave full consent to

the marriage of their children. After three years <oseph $led a petition in the

USA to promptly divorce <enny and this was granted. *hen <oseph turned %O

years he returned to the Philippines and married @eonora. *hat is the statusof this second marriage+

;A< ?&$" because he "$" %&t cause the )u"$c$a! $ssua%ce &'

"ec!aat$&% &' the %u!!$ty &' h$s st #a$a3e t& He%%y be'&e

#ay$%3 =e&%&a.

-) alid because <oseph:s marriage to <enny is void he being only 'D

years of age when he married her.

-/) alid because his marriage to @eonora has all the elements of avalid marriage.

-K) oid because <oseph is still considered married to <enny since the

Philippines does not recognize divorce.

=e3a! Bas$s: At 0 4a#$!y ,&"e

-D;) T died intestate leaving an estate of P8&&&&&&. Be left as heirs three

legitimate children namely A and /. A has two children K and ,. eforehe died A irrevocably repudiated his inheritance from T in a public instrument

$led with the court. Bow much if any will K and , as AHs children get from

THs estate+

-A) ,ach of K and , will get P'O&&&&& by right of representation since

their father repudiated his inheritance.



-) ,ach of K and , will get P%%%O&&& because they will inherit from

the estate e#ually with and /.

;,< D a%" E *$!! 3et %&%e because &' the eu"$at$&%F KBK a%"

K,K *$!! 3et AJs shae by $3ht &' accet$&%.

-K) ,ach of K and , will get P%&&&&&& because the law gives them

some advantage due to the demise of QAQ.

=e3a! Bas$s: At 101+ Ne* ,$-$! ,&"e

-DO) 2o decree of legal separation can be issued

-A) unless the childrenHs welfare is attended to $rst.

;B< *$th&ut $& e8&ts at ec&%c$!$at$&% sh&*% t& be 'ut$!e.

-/) unless the court $rst directs mediation of the parties.

-K) without prior investigation conducted by a public prosecutor.

=e3a! Bas$s: At 5 4a#$!y ,&"e

-D) L who was abroad phoned his brother M authorizing him to sell LHs

parcel of land in Pasay. L sent the title to M by courier service. Acting for his

brother M e!ecuted a notarized deed of absolute sale of the land to N after

receiving payment. *hat is the status of the sale+

-A) alid since a notarized deed of absolute sale covered the

transaction and full payment was made.

-) oid since L should have authorized agent M in writing to sell the

land.

-/) alid since M was truly his brother LHs agent and entrusted with thetitle needed to e0ect the sale.

-K) alid since the buyer could $le an action to compel L to e!ecute a

deed of sale.

asis3 *hen a piece of land or any interest therein is through an agent the

authority of the latter shall be in writing otherwise the sale shall be void.



-) It is void absent an authorization from the court.

-/) The transaction is void and can neither be rati$ed by the wife nor

authorized by the court.

-K) It is considered a continuing o0er by the parties perfected onlyupon the wifeHs acceptance or the courtHs authorization.

asis3 Article '%; of the Family ode

-9&) *hen the donor gives donations without reserving suGcient funds for

his support or for the support of his dependents his donations are

-A) Cescissible since it results in economic lesion of more than %O of

the value of his properties.

-) oidable since his consent to the donation is vitiated by mindless

=indness.

-/) oid since it amounts to wanton e!penditure beyond his means.

-K) Ceducible to the e!tent that the donations impaired the support

due to himself and his dependents.

9'. Anne owed essy P' million due on Ectober ' %&'' but failed topay her on due date. essy sent a demand letter to Anne giving her Odays from receipt within which to pay. Two days after receipt of theletter Anne personally o0ered to pay essy in manager:s chec= butthe latter refused to accept the same. The O days lapsed. 6ay AnneHsobligation be considered e!tinguished+

. 2o since tender of payment even in cash if refused will notdischarge the obligation without proper consignation in court.

Art. '%O. If the creditor to whom tender of payment has been maderefuses without "ust cause to accept it the debtor shall be releasedfrom responsibility by the consignation of the thing or sum due.

/onsignation alone shall produce the same e0ect in the followingcases3

-') *hen the creditor is absent or un=nown or does not appear at



the place of paymentR -%) *hen he is incapacitated to receive the payment at the time it isdueR -() *hen without "ust cause he refuses to give a receiptR -;) *hen two or more persons claim the same right to collectR

-O) *hen the title of the obligation has been lost.

9%. The residents of a subdivision have been using an open strip ofland as passage to the highway for over (& years. The owner of thatland decided however to close it in preparation for building his houseon it. The residents protested claiming that they became owners ofthe land through ac#uisitive prescription having been in possession ofthe same in the concept of owners publicly peacefully andcontinuously for more than (& years. Is this claim correct+

A. 2o the residents have not been in continuous possession of the land

since they merely passed through it in going to the highway.PK 'O%8 Section ';. *ho may apply. The following persons may $le inthe proper /ourt of First Instance an application for registration of titleto land whether personally or through their duly authorizedrepresentatives3

-') Those who by themselves or through their predecessors?in?interesthave been in open continuous e!clusive and notorious possession andoccupation of alienable and disposable lands of the public domainunder a bona $de claim of ownership since <une '% '8;O or earlier.

9(. The owner of a thing cannot use it in a way that will in"ure the rightof a third person. Thus every building or land is sub"ect to theeasement which prohibits its proprietor or possessor from committingnuisance li=e noise "arring o0ensive odor and smo=e. This principle is=nown as

. Sic utere tuo ut alienum non laedas.Art. ;('. The owner of a thing cannot ma=e use thereof in such manneras to in"ure the rights of a third person.

9;. <anice and <ennifer are sisters. <anice sued <ennifer and @aura

<enniferHs business partner for recovery of property with damages. Thecomplaint did not allege that <anice e!erted earnest e0orts to come toa compromise with the defendants and that such e0orts failed. The "udge dismissed the complaint outright for failure to comply with acondition precedent. Is the dismissal in order+

A. 2o since @aura is a stranger to the sisters <anice has no moralobligation to settle with her.



to redeem the property ,FEC, the con$rmation of the sale.

9D) A. At the #&#e%t the at$es ta/e a%" "ec!ae each &theas husba%" a%" *$'e be'&e &c$at$%3 &ce.

Article '&D. The rules provided in Articles 99 and 98 shall also apply tocon"ugal partnership of gains.

Article 99. The absolute community of property between spouses shallcommence at the precise moment that the marriage is celebrated. Anystipulation e!press or implied for the commencement of thecommunity regime at any other time shall be void.

99) B. 9e ae%ts.

Article ';. In case either or both of the contracting parties not having

been emancipated by a previous marriage are between the ages ofeighteen and twenty?one they shall in addition to the re#uirements ofthe preceding articles e!hibit to the local civil registrar the consent totheir marriage of their father mother surviving parent or guardian orpersons having legal charge of them in the order mentioned. Suchconsent shall be manifested in writing by the interested party whopersonally appears before the proper local civil registrar or in the formof an aGdavit made in the presence of two witnesses and attestedbefore any oGcial authorized by law to administer oaths. The personalmanifestation shall be recorded in both applications for marriagelicense and the aGdavit if one is e!ecuted instead shall be attached

to said applicationsV -Family /ode of the Philippines).

98) D. N& s$%ce h$s ae%ts *ee %&t Cua!$e" t& #ay each&the *he% he *as c&%ce$-e".

Cepublic Act 2o. 89O9 @egitimation of /hildren orn to 6inor ParentsVamended Article 'DD of the Family /ode as of Kecember %& %&&8. Thearticle -Article 'DD) now reads3

/hildren conceived and born outside of wedloc= of parents who at thetime of conception of the former were not dis#uali$ed by any

impediment to marry each other or were so dis#uali$ed only becauseeither or both of them were below eighteen -'9) years of age may belegitimated.V

8&) ,. ?&$"ab!e.

Article '(8&. The following contracts are voidable or annullable eventhough there may have been no damage to the contracting parties3



-') Those where one of the parties is incapable of giving consent to acontractR

-%) Those where the consent is vitiated by mista=e violence

intimidation undue in4uence or fraud.

These contracts are binding unless they are annulled by a properaction in court. They are susceptible of rati$cation. -n)

;1< /an common?law spouses donate properties of substantial value to one

another+

-A) 2o they are only allowed to give moderate gifts to each other

during family re"oicing.

-) 2o they cannot give anything of value to each other to prevent

placing their legitimate relatives at a disadvantage.

-/) Mes unli=e the case of legally married spouses such donations are

not prohibited.

-K) Mes as long as they leave suGcient property for themselves and for

their dependents.

=EGA= BASIS

4, At. + provides that every dontation or grant of gratuitous

advantage direct or indirect between the spouses during the marriage shall

be void e(cet #&"eate 3$'ts *h$ch the s&uses #ay 3$-e each

&the &% the &ccas$&% &' a%y 'a#$!y e)&$c$%3. !he rohibition shall also

appl" to pesons living toget$e as $us#and and !i%e !it$out a valid

,aiage.

;2< L owed M P'.O million. In his will L gave M legacy of P' million but the

will provided that this legacy is to be set o0 against the P'.O million L owed M.

After the set o0 L still owed M PO&&&&&. /an M still collect this amount+

-A) Mes because the designation of M as legatee created a new and



separate "uridical relationship between them that of testator?legatee.

-) It depends upon the discretion of the probate court if a claim is $led

in the testate proceedings.

-/) 2o because the intention of the testator in giving the legacy is toabrogate his entire obligation to M.

-K) 2o because L had no instruction in his will to deliver more than the

legacy of P' million to M.

=EGA= BASIS

AR. 1 N=Y

N,, At$c!e 5. !he legacy of a credit against a third erson or of the

remission or release of a debt of the legatee shall be e*ective onl" as egadst$at pat o% t$e cedit o de#t e)isting at t$e ti,e o% t$e deat$ o% t$etestato.In the $rst case the estate shall comply with the legacy by assigning to the legateeall rights of action it may have against the debtor. In the second case by giving thelegatee an ac#uittance should he re#uest one.In both cases the legacy shall comprise all interests on the credit or debt whichmay be due the testator at the time of his death. -9D&a)For better understanding here is an e!cerpt from the boo= of Paras onSuccession %&&9 edition page OD in relation to Article 8(O on page ;'8.,!amples3

@egacy of a credit T is the creditor of K to the amount of P'&&&&&&. T made a willin %&&( giving this credit to L. If by %&& at THs death K has paidalready P &&&&& to T how much will L get+

Ans3 Enly the remaining P;&& &&& which still e!ists at THs death.\2ET,3 If upn the other hand K borrowed P&&&&& more instead

of paying how much will L get P '&& &&& which represents the totalcredit or only P '&&&&&& which represents the credit originallye!isting at the time the will was made+

A2S3 Enly the original P '&&&&&& since the e!tra P&&&&& willbe after?ac#uired property.V It is clear that Art. 8(O cannot apply

because said article contemplates a credit that is reduced notincreased. ]\2ET,3 It is understood of course that the legacy includes all

interestso the credit or debt which may be due the testator at the timeof his death.]



;< <osie owned a lot worth PO million prior to her marriage to Cey.

Subse#uently their con"ugal partnership spent P( million for the construction

of a house on the lot. The construction resulted in an increase in the value of

the house and lot to P8 million. *ho owns the house and the lot+

-A) <osie and the con"ugal partnership of gains will own both on a O&?O&basis.

-) <osie will own both since the value of the house and the increase in

the propertyHs value is less than her lotHs valueR but she is to reimburse

con"ugal partnership e!penses.

-/) <osie still owns the lot it being her e!clusive property but the

house belongs to the con"ugal partnership.

-K) The house and lot shall both belong to the con"ugal partnership

with <osie entitled to reimbursement for the value of the lot.

=EGA= BASIS

N,, At. 120. The ownership of improvements whether for utility or

adornment made on the separate property of the spouses at of the spouses

at the e!pense of the partnership or through the acts or e0orts of either or

both spouses shall pertain to the con"ugal partnership or to the original

owner?spouse sub"ect to the following rules3

*hen the cost of the improvement made by the con"ugal partnershipand any resulting increase in value are more than the value of the property at

the time of the improvement the entire property of one of the spouses shall

belong to the con"ugal partnership sub"ect to reimbursement of the value of

the property of the owner?spouse at the time of improvementR otherwise said

property shall be retained in ownership by the owner?spouse li=ewise sub"ect

to reimbursement of the cost of the improvement.

In either case the ownership of the entire property shall be vested

upon the reimbursement which shall be made at the time of the li#uidation

of the con"ugal partnership. -'O9a)

For better understanding here is an e!cerpt from the boo= of3????? Sta. 6aria on Persons and family relations %&'& ,d. page O%OIf the property of the owner?spouse is worth more than theimprovement the entire improvement shall belong to the owner?spouse sub"ect to the reimbursement at the time of li#uidation in favorof the con"ugal partnership.



If -b) is greater the whole thing belongs to the con"ugal

partnership but the owner?spouse must be reimbursed.

(. If on the lot of the husband worth P '&&&&&& a O?6illion peso -PO&&&&&&&)

house is constructed the house and lot will belong to the con"ugal

partnership but it will reimburse the husband P '&&&&&&. The ownershipwill be vested in the con"ugal partnership at the time of reimbursement and

this reimbursement will be made when the con"ugal partnership is li#uidated.

;. In 2o. ( if the house costs less than P '&&&&&& the husband will be the

owner of the house and lot but must reimburse the con"ugal partnership the

cost of the house.

;< An action for reconveyance of a registered piece of land may be brought

against the owner appearing on the title based on a claim that the latter

merely holds such title in trust for the plainti0. The action prescribes

however within '& years from the registration of the deed or the date of the

issuance of the certi$cate of title of the property as long as the trust had not

been repudiated. *hat is the e!ception to this '&?year prescriptive period+

-A) *hen the plainti0 had no notice of the deed or the issuance of the

certi$cate of title.

-) *hen the title holder concealed the matter from the plainti0.

-/) *hen fortuitous circumstances prevented the plainti0 from $ling

the case sooner.

-K) *hen the plainti0 is in possession of the property.

=EGA= BASIS

The /ourt agrees with the /AHs dis#uisition that an action for

reconveyance can indeed be barred by prescription. In a long line of cases

decided by this /ourt we ruled that an action for reconveyance based on

imlied or constructive trust must erforce rescribe in ten ($&+ years from

the issuance of the !orrens title over the roerty .



Bowever there is an e)ception to this rule. In the case of *eis o%

Po,posa Saludaes v. Cout o% Appeals' the /ourt reiterating the ruling

in ?illena v. Cout o% Appeals held that there is but one instance !$en

pesciption cannot #e invo5ed in an action %o econve"ance' t$at

is' !$en t$e plainti is in possession o% t$e land to #e econve"ed . In

Beirs of Pomposa Saludares this /ourt e!plained that the /ourt in a series of cases has permitted the $ling of an action for reconveyance despite the

lapse of more than ten -'&) years from the issuance of title to the land and

declared that said action when based on fraud is imprescriptible as long as

the land has not passed to an innocent buyer for value. ut in all those cases

the common factual bac)dro was that the registered owners were never in

ossession of the disuted roerty . The e!ception was based on the theory

that registration proceedings could not be used as a shield for fraud or for

enriching a person at the e!pense of another. ;ESTRE==A TING, YARED

?S. HSE B. TING, G.R. N&. 17170 ct&be 1 2011<

;5) /onrad and @inda both %& years old applied for a marriage license

ma=ing it appear that they were over %O. They married without their parentsH

=nowledge before an unsuspecting "udge. After the couple has been in

cohabitation for years @indaHs parents $led an action to annul the marriage

on ground of lac= of parental consent. *ill the case prosper+

-A) 2o since only the couple can #uestion the validity of their marriage

after they became %' of ageR their cohabitation also convalidated the

marriage.

-) 2o since @indaHs parents made no allegations that earnest e0orts

have been made to come to a compromise with /onrad and @inda and

which e0orts failed.

-/) Mes since the marriage is voidable the couple being below %'

years of age when they married.

-K) Mes since @indaHs parents never gave their consent to the

marriage.

=EGA= BASIS4, At. . The action for annulment of marriage must be $led

by the following persons and within the periods indicated therein3') For causes mentioned in Nu#e 1 &' At$c!e 5 by the party

whose parent or guardian did not give his or her consent within $ve



years after attaining the age of twenty?oneR or by the parent orguardian or person having legal charge of the minor at any timebefore such party reaced the age of twenty?oneR

4, At. 5. A marriage may be annulled for any of the following

causes e!isting at the time of the marriage3'.)That the party in whose behalf it is sought to have the marriageannulled was eighteen years of age or over but below twenty?oneand the marriage was solemnized without the consent of theparents guardian or person having substitute parental authorityover the party in that order unless after attaining the age of twenty?one such party freely cohabited with the other and bothlived together as husband and wifeR

For better understanding please refer to the boo= of Sta. 6aria onPersons and family relations %&'& ,d. page ('&. Cefer to the Table onpage (''. I did not copy all "ust the related part.

7CEU2K PACTM TEFI@, TB, SUIT

PC,S/CIPTIE2P,CIEK

'. 2o Parental /onsent

a. 'arent or 0uardian having1egal harge of 2noconsent arty.3

Any time before2noconsent arty 2reaches age of!wentyone

b. 2o?/onsent Party *ithin Five Mearsafter attaining

Twenty?on

-8) Pepito e!ecuted a will that he and ( attesting witnesses signedfollowing the formalities of law e!cept that the 2otary Public failed tocome. Two days later the 2otary Public notarized the will in his lawoGce where all signatories to the will ac=nowledged that the testatorsigned the will in the presence of the witnesses and that the latter

themselves signed the will in the presence of the testator and of oneanother. *as the will validly notarized+-A) 2o since it was not notarized on the occasion when the signatoriesaG!ed their signatures on the will.-) Mes since the 2otary Public has to be present only when thesignatories ac=nowledged the acts re#uired of them in relation to thewill.-/) Mes but the defect in the mere notarization of the will is not fatal to



its e!ecution.-K) 2o since the notary public did not re#uire the signatories to signtheir respective attestations again.A2S*,C3

-8D) enecio and ,ster lived as common?law spouses since both havebeen married to other persons from whom they had been separated infact for several years. Bardwor=ing and bright each earned incomesfrom their respective professions and enterprises. *hat is the nature of their incomes+-A) /on"ugal since they earned the same while living as husband andwife.-) Separate since their property relations with their legal spouses arestill subsisting.-/) /o?ownership since they agreed to wor= for their mutual bene$t.-K) /ommunal since they earned the same as common?law spouses.

A2S*,C3

-89) *hat is the prescriptive period for $ling an action for revocation of a donation based on acts of ingratitude of the donee+-A) O years from the perfection of the donation.-) ' year from the perfection of the donation.-/) ; years from the perfection of the donation.-K) Such action does not prescribe.A2S*,C3

-88) efore aren married arl she inherited PO million from her

deceased mother which amount she brought into the marriage. Shelater used part of the money to buy a new 6ercedes enz in her namewhich aren and her husband used as a family car. Is the car acon"ugal or arenHs e!clusive property+-A) It is con"ugal property since the spouses use it as a family car.-) It is arenHs e!clusive property since it is in her name.-/) It is con"ugal property having been bought during the marriage.-K) It is arenHs e!clusive property since she bought it with her ownmoney.A2S*,C3 K

-'&&) ecause of LHs gross negligence M su0ered in"uries that resultedin the abortion of the foetus she carried. M sued L for among otherdamages P' million for the death of a family member. Is M entitled toindemnity for the death of the foetus she carried+-A) Mes since the foetus is already regarded as a child from conceptionthough unborn.-) 2o since LHs would not have =nown that the accident would resultin MHs abortion.



-/) 2o since birth determines personality the accident did not resultin the death of a person.-K) Mes since the mother believed in her heart that she lost a child.A2S*,C3 /

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