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1. Lando and Marilyn are legally married.

When Lando disappeared for four


years without
any knowledge of his whereabouts, Marilyn was able to validly procure a judicial
declaration of presumptive death of Lando and thereafter was able to validly marry
Noel in
accordance with the law. Later, Lando reappeared and executed an affidavit of
reappearance which he immediately showed to Marilyn and Noel in their residence
in Cebu
City. Aware of Lando's reappearance, Noel sought Rosario, his former girlfriend, and
told
her of the situation, rekindled their love affair and proposed marriage. Noel and
Rosario,
both 30 years old and both Protestants, obtained a marriage and license from the
Local Civil Registrar of Cebu City and the marriage was solemnized by their
Protestant minister
on June 15, 2014. Is the marriage of Noel and Rosario valid, voidable or void?
Explain well.

2. Allan and Abigail, both Filipinos, both 25 years old, met in Argentina on April
9, 2010
and fell in love with each other. They got married in Argentina on May 9, 2010
before a
notary public in accordance with the Argentine Marital Laws. There was also no valid
marriage license issued prior to the marriage. The marriage is valid in Argentina.
Allan and
Abigail went back to the Philippines and started a family. Arnulfo, father of Abigail,
after
learning of their marriage contends that such marriage having been solemnized by
a notary
public who is not among those authorized to solemnize marriages in the Philippines,
is
void. The absence of the marriage license also rendered the marriage void. Rule on
Arnulfos contention. Explain well.

3. Edgar was the usufructuary of a parcel of land owned by Fred. With the
consent of Edgar
and by chance, Greg found hidden treasure on this land. How would the hidden
treasure be
divided between the parties?

4. On a 500 sq.m. lot worth P1M located in Makati City with TCT # 1234
registered in the
name of Spouses Reyes, Spouses Santos built their house worth P900,000.00.
Spouses

Reyes became aware of the construction when they visited their land but they kept
quiet as
they did not want any trouble until such time that the construction was completely
finished. State the rights and obligations of Spouses Reyes as landowners and
Spouses
Santos as builders based on the facts given.

5. Elated that her sister Rosemarie who had been married for ten years was
pregnant
for the first time, Rosalie donated a ring worth P25,000.00 to the unborn child.
Rosemarie
was profuse in thanking her sister when they talked while shopping for baby clothes
at
Rustans. Rosemarie gave birth after 7 months of pregnancy but the baby died 21
hours
after delivery.
May Rosalie get back the ring she donated? Why or why not?

6. Ernesto, an OFW, was coming home to the Philippines after working for
several years
in Saudi Arabia. He had saved P100,000.00 in his savings account in Manila. On his
flight home, Ernesto had a fatal heart attack. He left behind his widowed mother, his
commonlaw
wife and their twin sons. Ernesto left no will, no debts and no other relatives and no
other properties except the money in his savings account. Who are the heirs
entitled to
inherit from him and how much should each receive?

7. Dina owned a valuable painting worth P1.5M which was stolen from her house
during
a robbery which was duly reported to the police authorities. A year later, during a
party in
Donnas house, Dina saw the painting hanging in Donnas living room. Upon inquiry,
Donna
said she bought the painting in a gallery auction at the Luz Gallery. The painting was
positively identified as the one stolen from Dinas house. Dina demanded the return
of her
property but Donna refused to do so. Who has a better right to the said painting,
Dina or
Donna? Explain well your answer.

8. Rollie instituted his friend Romy as heir to a parcel of land in Cavite City.
Rollie

provided in his will that Romy shall be obliged to preserve and transmit the said
parcel of
land to Romys brother Rody upon Romys death. Rollie died in 2000. Rody died in
2001.
Romy died in 2003. Upon Romys death, the claimants to the property are the
children of
Romy and Rey, the only son of Rody. If you were the judge, to whom will you
adjudicate the
property? Explain well.

9. Carlos borrowed P1.2M from Carmelo. He executed a mortgage contract over


his parcel
of land as security for the loan. It was expressly agreed by the parties that upon
failure of
Carlos to pay the debt with 12% interest within one (1) year, the mortgaged land
would
rightfully belong to Carmelo. Carlos failed to pay within the agreed period, hence,
Carmelo
contends he now becomes the owner of the land. Is Carmelo correct in his
contention?
Why?

10.Danny obtained a P500,000.00 loan from Diego payable on December 31,


2005, with
Dennis as guarantor. On due date, Danny failed to pay his debt. On January 5, 2006,
Diego
demanded payment from Dennis. If you were Dennis, what defense would you
interpose to
avoid liability? Explain fully what he must do to interpose this defense.

11.Araceli and Agaton entered into a contract of loan of P100,000.00 on January


1, 2012
secured by a promissory note whereby Agaton obligated himself to pay on or before
December 31, 2013. On June 1, 2013, Agaton wrote to Araceli stating that Armando
shall
take care of his debt to Araceli . Araceli did not reply to Agatons letter. Armando did
not
pay Araceli. On January 5, 2014, Araceli sued Agaton for the payment of the loan.
Agaton
contends that he is no longer liable as there was novation by substituting the
person of the
debtor by delegacion. Rule on Agatons contention explaining fully your answer.
12.On October 1, 2013, Joey wrote to Mario and communicated to the latter that
he is

selling his house and lot for the total purchase price of P2M. Joey gave Mario the
option to
buy the said real property until October 31, 2013. Mario accepted the offer with the
agreement that if Mario will not be able to exercise the option, Mario shall allow Joey
and
his relatives to stay and use his (Marios) condo unit in Baguio City for the whole
month of
December 2013. On October 15, 2013, Joey informed Mario that he was withdrawing
his
offer to him and he was selling his house and lot to Oscar considering that Mario did
not
give a consideration distinct from the price. Rule on Joeys contention.

13.Arnold and Belinda were married on June 1, 2005. They have 2 children,
Abigail and
Bert. Their marriage was judicially declared null and void on February 14, 2009 due
to
the absence of a valid marriage license. There was no liquidation of their assets
acquired
during their marriage. Arnold subsequently married Carina on June 1, 2012
complying with
all the essential and formal requisites provided for by the Family Code.
a. Is the marriage of Arnold and Carina valid, voidable or void? Explain well.
b. What is the property regime governing their marriage? Why?

14.Peter and Raquel, both 16 years old, were so in love with each other that they
had premarital sex resulting to Raquels pregnancy. Raquel gave birth to
Oscar when she was only 17 years old. Peter and Raquel married each other
on June 1, 2010 when they were both 18 years old. May Oscar be legitimated
due to the marriage of his parents, Peter & Raquel?
15.Anton, Bernie and Caloy are brothers. They purchased from their parents
specific
portions of a parcel of land as evidenced by 3 separate deeds of sale, each deed
referring to
a particular lot in metes and bounds. When the deeds were presented for
registration, the
Register of Deeds of Pasay City could not issue separate certificates of title due to
the
absence of a subdivision plan, hence, only 1 title was issued in the names of the
three
brothers. Anton, Bernie, and Caloy each receive the fruits exclusively from the lot
actually

purchased by each of them. Later, Anton sold his lot to Dencio, with verbal notice to
his
brothers. To enable Dencio to secure a new title in his name, the Deed of Sale was
made to
refer to an undivided interest in the property of Anton, with the metes and bounds
of the
lot being stated. Bernie and Caloy reacted violently to the sale executed by Anton
signifying
their exercise of the right of legal redemption as co-owners of the lot. Can Bernie
and Caloy
still legally redeem the lot sold by Anton to Dencio?

16.Abigail borrowed P25,000.00 from Betsy & delivered her watch to the latter
as pledge
to secure the payment of her debt.
a. What is the presumption under the law if the watch is later found in the
possession of
Abigail? Explain well.
b. Is Abigails obligation to pay the P25,000.00 loan already extinguished? Why?
17. Arnold, Boyet and Caloy borrowed P120,000.00 from Dennis. This debt is
evidenced by
a promissory note (PN) wherein the three bound themselves to pay the debt jointly
and
severally. According to the PN, Arnold can be compelled to pay on June 15, 2012;
Boyet can
be compelled to pay on January 15, 2013; while Caloy can be compelled to pay on
June 15,
2014. On February 15, 2014, Dennis made a demand upon Caloy to pay the entire
indebtedness but the latter refused to pay contending that his share is not yet due
and
demandable. Subsequently, because of Caloys refusal to pay the debt, Dennis
brought an
action against him for the collection of the full amount of the obligation. Will the
action of
Dennis prosper? Explain fully.

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