2007 2013 Civil Law

Civil Law Q&As (2007-2013) hectorchristopher@yahoo.com dbaratbateladot@gmail.
com
A Compilation of the
Questions and Suggested Answers
In the
PHILIPPINE BAR EXAMINATIONS 2007-2013
In
CIVIL LAW
Compiled and Arranged By:
Baratbate-Ladot, Delight
Salise, Hector Christopher Jay-Arh Jr. M.
(University of San Jose-Recoletos School of Law)
ANSWERS TO BAR EXAMINATION QUESTIONS by
the UP LAW COMPLEX (2007-2013)
&
PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)

Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-
Leroy Satchel Paige
Page 1 of 180
Civil Law Q&As (2007-2013) hectorchristopher@yahoo.com dbaratbateladot@gmail.com
FOREWORD
This work is a compilation of the ANSWERS TO BAR

EXAMINATION QUESTIONS by the UP LAW COMPLEX ,
Philippine Association of Law Schools from 2007-2010 and
local law students and lawyers forum sites from 2011-2013
and not an original creation or formulation of the author.
The authors were inspired by the work of Silliman Universitys

College of Law and its students of producing a very good
material to everyone involved in the legal field particularly the
students and the reviewees for free. Hence, this work is a
freeware.
Everyone is free to distribute and mass produce copies of this

work, however, the author accepts no liability for the content of
this reviewer, or for the consequences of the usage, abuse, or
any actions taken by the user on the basis of the information
given.
The answers (views or opinions) presented in this reviewer are

solely those of the authors in the given references and do not
necessarily represent those of the authors of this work.
The Authors.
Leroy Satchel Paige
Page 2 of 180
TABLE OF CONTENTS
(Titles are based on Sillimans Compilation [Arranged by Topic])
Persons
Capacity: Juridical Capacity (2008).......................................................................................................... 12
Capacity; Juridical Capacity of Donee; Requisites for Acceptance (2012)...............................12
Capacity: Legal Capacity; Lex Rei Sitae (2007).....................................................................................13
Correction of Entries; Clerical Error Act (2008)..................................................................................14
Nationality Principle (2009)...........................................................................................................................14
Nationality Principle; Change of Name not Covered (2009).............................................................15
Conflict of Laws
Processual Presumption (2009).................................................................................................................... 16
Jurisdiction; Courts may Assume Jurisdiction over Conflict of Laws Cases (2010)...........17
Adoption
Adoption; Termination; Death of Adopter (2009).................................................................................17
Adoption; Illegitimate Child (2010)............................................................................................................18
Adoption; Illegitimate Child; Use of Mothers Surname as Middle Name (2012)..................19
Consent; Consent of the Adopters Heirs (2008)..................................................................................19
Qualifications of Adopter (2010).................................................................................................................20

Leroy Satchel Paige
Page 3 of 180
Family Code
Marriage; Annulment; Grounds (2009).....................................................................................................20
Marriage; Annulment; Grounds (2007).....................................................................................................21
Marriage; Annulment; Parties (2012).........................................................................................................22
Marriage; Annulment; Support Pendente Lite (2010).........................................................................22
Marriage; Divorce Decrees; Filipino Spouse Becoming Alien (2009)..........................................23
Marriage; Divorce Decrees; Foreign Spouse Divorces Filipino Spouse (2012)........................24
Marriage; Divorce Decrees; Foreign Spouse Divorces Filipino Spouse (2010)........................25
Marriage; Legal Separation; Prescription (2012)..................................................................................25
Marriage; Legal Separation; Prescription (2007)..................................................................................26
Marriage; Psychological Incapacity (2013).............................................................................................26
Marriage; Psychological Incapacity (2012).............................................................................................28
Marriage; Requisites (2008)...........................................................................................................................28
Marriage; Subsequent Marriage (2008).....................................................................................................29
Marriage; Void Marriages; By Reason of Public Policy (2008)........................................................30
Marriage; Void Marriages; By Reason of Public Policy (2007)........................................................30
Marriage; Void Marriages; Property Relations (2009).........................................................................30
Marriage; Void Marriages; Status of Children (2009)..........................................................................31
Parental Authority; Illegitimate Minor Child (2009)..........................................................................32
Parental Authority; In Vitro Fertilization (2010).................................................................................32

Leroy Satchel Paige
Page 4 of 180
Paternity & Filiation; Child Born Under a Void Marriage (2010)................................................33
Paternity & Filiation; Impugning Legitimacy (2010)..........................................................................34
Paternity & Filiation; In Vitro Fertilization;
Surrogate Mothers Remedy to Regain Custody (2010).........................34
Paternity & Filiation; Legitimacy; Presumption (2008)................................................................... 35
Paternity & Filiation; Legitimation of a Child from a Previous Valid Marriage (2008)......36
Paternity & Filiation; Legitimation of a Dead Child (2009)............................................................37
Paternity & Filiation; Support: Ascendants & Descendants;
Collateral Blood Relatives (2008).................................................................... 37
Paternity & Filiation; Use of Surname; Illegitimate Child (2009)................................................38
Paternity & Filiation; Who May Impugn Legitimacy (2009)...........................................................39
Property Relations; Adulterous Relationship (2009)..........................................................................39
Property Relations; Accession (2012)........................................................................................................40
Property Relations; Ante-Nuptial Debt (2007)...................................................................................... 40
Property Relations; Unions Without Marriage (2012)........................................................................41
Property Relations; Unions Without Marriage (2012)........................................................................42
Property Relations; Void Marriages (2010).............................................................................................43
Property Relations; Void Marriages (2010).............................................................................................45

Leroy Satchel Paige
Page 5 of 180
Succession
Disposition; Mortis Causa vs. Intervivos; Corpse (2009)................................................................. 46
Heirs; Fideicommissary Substitution (2008).........................................................................................46
Heirs; Intestate Succession; Legitime; Computation (2010)..........................................................47
Heirs; Representation; Iron-Curtain Rule (2012).................................................................................49
Heirs; Reserva Troncal (2009)......................................................................................................................49
Intestate Succession (2008)...........................................................................................................................50
Intestate Succession (2008)...........................................................................................................................51
Intestate Succession; Rights of Representation:
Illegitimate, Adopted Child; Iron Curtain Rule (2007).......................... 51
Legitimes; Compulsory Heirs (2012).........................................................................................................53
Legitime; Compulsory Heirs (2008)............................................................................................................53
Preterition; Disinheritance (2008).............................................................................................................54
Succession; Proof of Death between persons called to succeed each other (2008).............55
Succession; Rule on Survivorship (2009)...............................................................................................56
Wills; Holographic Wills; Insertions & Cancellations (2012)...........................................................57
Wills; Holographic Wills; Probate (2009).................................................................................................. 57
Wills; Joint Wills (2008)...................................................................................................................................59
Wills; Joint Wills; Probate (2012)................................................................................................................59

Leroy Satchel Paige
Page 6 of 180
Wills; Prohibition to Partition of a Co-Owned Property (2010).....................................................60
Wills; Notarial Wills; Blind Testator; Requisites (2008).....................................................................61
Wills; Testamentary Disposition; Period to Prohibit Partition (2008)........................................61
Wills; Witnesses to a Will, Presence required; Thumbmark as Signature (2007)..................62
Donation
Donations; Formalities; In Writing (2007).............................................................................................. 63
Donations; Illegal & Impossible Conditions (2007).............................................................................64
Donation; Inter Vivos (2013)..........................................................................................................................64
Property
Accretion; Alluvium (2008)............................................................................................................................65
Accretion; Rights of the Riparian Owner (2009)..................................................................................67
Builder; Good Faith; Requisites (2013).....................................................................................................68
Easement; Prescription; Acquisitive Prescription (2009)................................................................70
Easement; Right of Way (2013)....................................................................................................................70
Easement; Right of Way (2010)....................................................................................................................72
Hidden Treasure (2008)...................................................................................................................................73
Mortgage; Public or Private Instrument (2013).....................................................................................74
Occupation vs. Possession (2007)...............................................................................................................76
Ownership; Co-Ownership (2009)................................................................................................................76
Ownership; Co-Ownership (2008)................................................................................................................77

Leroy Satchel Paige
Page 7 of 180
Property; Movable or Immovable (2007)...................................................................................................78
Land Titles and Deeds
Acquisition of Lands; Sale of Real Property to an Alien (2009)....................................................79
Non-Registrable Properties (2007)...............................................................................................................80
Prescription; Acquisitive Prescription (2008)....................................................................................... 81
Prescription; Judicially Foreclosed Real Property Mortgage (2012)...........................................82
Purchaser in Good Faith; Mortgaged Property (2008)....................................................................... 83
Registration; Governing Law (2007)...........................................................................................................84
Registration; Party Who First took Possession (2013)......................................................................85
Registration; Requisites; Proof (2013)...................................................................................................... 86
Remedies; Fraud; Rights of Innocent Purchaser (2009)...................................................................89
Contracts
Contract to Sell vs. Conditional Contract of Sale (2012)................................................................90
Rescission of Contract; Fortuitous Event (2008).................................................................................90
Stipulation; Arbitration Clause (2009).......................................................................................................91
Obligations
Extinguishment; Compensation (2009)....................................................................................................91
Extinguishment; Compensation (2008)....................................................................................................92
Extinguishment; Novation (2008)...............................................................................................................93
Extinguishment; Payment of Check (2013)............................................................................................94

Leroy Satchel Paige
Page 8 of 180
Extinguishment; Payment of Check; Legal Tender (2008)..............................................................95
Liability; Solidary Liability (2008).............................................................................................................. 96
Obligations; Without Agreement (2007)..................................................................................................97
Trust
Trust De Son Tort (2007)................................................................................................................................98
Sales
Condominium Act; Partition of a Condominium (2009)...................................................................99
Mortgage; Equitable Mortgage (2012)........................................................................................................99
Option Contract; Liquor & Pulutan as Consideration (2013)...................................................100
Right of First Refusal; Lessee; Effect (2008).......................................................................................101
Lease
Builder; Good Faith; Useful Improvements (2013)...........................................................................103
Lease; Caveat Emptor (2009)......................................................................................................................104
Agency
Agency; Sale of a Real Property through an Agent (2010)............................................................104
Partnership
Liability; Liability of a Partner (2010)....................................................................................................105
Oral Partnership (2009)................................................................................................................................106
Share; Demand during the Existence of Partnership (2012)........................................................107

Leroy Satchel Paige
Page 9 of 180
Commodatum & Mutuum
Mutuum; Interest; Solutio Indebiti (2012)............................................................................................107
Guaranty
Guaranty (2009).................................................................................................................................................108
Surety
Surety (2010)......................................................................................................................................................108
Pledge
Pledge; Pactum Commissorium (2009)..................................................................................................109
Torts and Damages
Damages (2012).................................................................................................................................................109
Damages; Moral & Exemplary (2009)......................................................................................................110
Damages; Public Officers acting in the Performance of their Duties (2012).......................111
Death Indemnity (2009)................................................................................................................................ 112
Doctrine of Discovered Peril (Last Clear Chance) (2007)...............................................................112
Liability; Owner of a Pet; Fortuitous Event (2010)..........................................................................113
Liability; Special Parental Authority (2010).......................................................................................115
Quasi-Delict; Claims; Requisites (2013).................................................................................................115
Quasi Tort (2010)..............................................................................................................................................116

Leroy Satchel Paige
Page 10 of 180
MULTIPLE CHOICE QUESTIONS
2013 Civil Law Exam MCQ (October 13, 2013)..............118
2012 Civil Law Exam MCQ (October 14, 2012).................130
2011 Civil Law Exam MCQ (November 13, 2011)..............149
2010 Civil Law Exam MCQ (September 12, 2010).............176
2007 Civil Law Exam MCQ (September 09, 2007).............179
Leroy Satchel Paige
Page 11 of 180
that "for civil purposes, the fetus shall
be considered born if it is alive at the

Persons
time it is completely delivered from the
Capacity: Juridical Capacity (2008)
No. II. At age 18, Marian found out that she
was pregnant. She insured her own life and

named her unborn child as her sole
beneficiary. When she was already due to

give birth, she and her boyfriend Pietro, the
father of her unboarn child, were

kidnapped in a resort in Bataan where they
were vacationing. The military gave chase

and after one week, they were found in an
abandoned hut in Cavite. Marian and Pietro

were hacked with bolos. Marian and the
baby delivered were both found dead, with

the baby's umbilical cord already cut. Pietro
survived.
(A). Can Marian's baby be the beneficiary of

the insurance taken on the life of the
mother? (2%)
SUGGESTED ANSWER:
Yes, the baby can be the beneficiary of
the life insurance of Marian. Art. 40 NCC
provides that "birth determines
personality; but the conceived child
shall be considered born for all purposes
that are favorable to it, provided that it
be born later with the conditions
specified in Art. 41. Article 41 states

mother's womb. However, if the fetus
Capacity; Juridical Capacity of Donee;
had an intra-uterine life of less than
Requisites for Acceptance (2012)
seven months, it is not deemed born if it
dies within twenty-four (24) hours after

No.I. b) Ricky donated P 1 Million to the
its complete delivery from the maternal
unborn child of his pregnant girlfriend,
womb. The act of naming the unborn
which she accepted. After six (6) months of
child as sole beneficiary in the insurance pregnancy, the fetus was born and baptized
is favorable to the conceived child and as Angela. However, Angela died 20 hours
therefore the fetus acquires presumptive after birth. Ricky sought to recover the P 1
or provisional personality. However, said Million. Is Ricky entitled to recover?
presumptive personality only becomes Explain. (5%)
conclusive if the child is born alive. The

SUGGESTED ANSWER:
child need not survive for twenty-four
(24) hours as required under Art. 41 of Yes, Ricky is entitled to recover the
the Code because "Marian was already P1,000,000.00. The NCC considers a
due to give birth," indicating that the
child was more than seven months old.
Leroy Satchel Paige
Page 12 of 180
the statement is FALSE, state the reason.

(2% each).
fetus a person for purposes favorable to
it provided it is born later in accordance

(1). Roberta, a Filipino, 17 years of age,
with the provision of the NCC. While the without the knowledge of his parents, can
donation is favorable to the fetus, the
donation did not take effect because the
fetus was not born in accordance with
the NCC.
To be considered born, the fetus that
had an intrauterine life of less than
seven (7) months should live for 24
hours from its complete delivery from
the mothers womb. Since Angela had an
intrauterine life of less than seven (7)
months but did not live for 24 hours, she
was not considered born and, therefore,
did not become a person. Not being a
person, she has no juridical capacity to
be a donee, hence, the donation to her
did not take effect. The donation not
being effective, the amount donated may
be recovered. To retain it will be unjust
enrichment.
Capacity: Legal Capacity; Lex Rei Sitae
(2007)
No.VII. Write "TRUE" if the statement is

true or "FALSE" if the statement is false. If
contract in Australia is governed by
acquire a house in Australia because Philippine Law, she will acquire
Australian Laws allow aliens to acquire ownership over the property bought
property from the age of 16. until the contract is annulled.
SUGGESTED ANSWER: ALTERNATIVE ANSWER:
TRUE. Since Australian Law allows alien FALSE. Laws relating to family rights
to acquire property from the age of 16, and duties, or to the status, condition or
Roberta may validly own a house in legal capacity of persons are binding
Australia, following the principle of lex upon the citizens of the Philippines,
rei sitae enshrined in Art. 16, NCC, even though living abroad (Art. 15, NCC).
which states "Real property as well as The age of majority under Philippine law
personal property is subject to the law of is 18 years (R.A. No. 6809); hence,
the country where it is situated." Roberta, being only 17 years old, has no
Moreover, even assuming that legal legal capacity to acquire and own land.
capacity of Roberta in entering the
Leroy Satchel Paige
Page 13 of 180
that of Andy's to Aimee's maiden
Correction of Entries; Clerical Error Act surname in accordance with Rule 108 of
(2008)
No. IV. Gianna was born to Andy and
Aimee, who at the time Gianna's birth were

not married to each other. While Andy was
single at the time, Aimee was still in the

process of securing a judicial declaration of
nullity on her marriage to her ex-husband.

Gianna's birth certificate, which was signed
by both Andy and Aimee, registered the

status of Gianna as "legitimate", her
surname carrying that of Andy's and that

her parents were married to each other.
(A). Can a judicial action for correction of

entries in Gianna's birth certificate be
successfully maintained to:
a). Change her status from "legitimate" to

"illegitimate" (1%);
and
b). Change her surname from that of Andy's

to Aimee's maiden surname? (1%)
SUGGESTED ANSWER:
Yes, a judicial action for correction of
entries in Gianna's birth certificate can
be successfully maintained to change (a)
her status from "legitimate" to
"illegitimate," and (b) her surname from

nickname in the civil register without
the Rules of Court because said changes need of a judicial order. Errors that
are substantive corrections. involve the change of nationality, age,
status, surname or sex of petitioner are

(B). Instead of a judicial action, can not included from the coverage of the
administrative proceedings be brought for
said Act (Silverio v. Republic, G.R. No.
the purpose of making the above
174689, 22 Oct., 2007).
corrections? (2%)
SUGGESTED ANSWER:
Nationality Principle (2009)
No. An administrative proceeding cannot

No.XII. Emmanuel and Margarita, American
be brought for the purpose of making the
citizens and employees of the U.S. State
above corrections. R.A. 9048, otherwise
Department, got married in the African
known as the Clerical Error Act, which state of Kenya where sterility is a ground for
authorizes the city or municipal civil annulment of marriage. Thereafter, the
registrar or the consul general to correct spouses were assigned to the U.S. Embassy
a clerical or typographical error in an in Manila. On the first year of the spouses
entry and/or change the first name or
Leroy Satchel Paige
Page 14 of 180
Recio, 366 SCRA 437 [2001], Llorente v.
tour of duty in the Philippines, Margarita Court of Appeals 345 SCRA 92 [2000],
filed an annulment case against Emmanuel and Bayot v. Court of Appeals 570 SCRA
before a Philippine court on the ground of 472 [2008]).
her husbands sterility at the time of the

celebration of the marriage.
(A). Will the suit prosper? Explain your

answer. (3%)
SUGGESTED ANSWER:
No, the suits will not prosper. As applied
to foreign nationals with the respect to
family relations and status of persons,
the nationality principle set forth in
Article 15 of the Civil Code will govern
the relations of Emmanuel and
Margarita. Since they are American
citizens, the governing law as to the
ground for annulment is not Kenyan Law
which Magarita invokes in support of
sterility as such ground; but should be
U.S. Law, which is the national Law of
both Emmanuel and Margarita as
recognized under Philippine Law. Hence,
the Philippine court will not give due
course to the case based on Kenyan Law.
The nationality principle as expressed in
the application of national law of foreign
nationals by Philippine courts is
established by precedents (Pilapil v. Ibay-
Somera, 174 SCRA 653[1989], Garcia v.

No.XX. (A). If Ligaya, a Filipino citizen
residing in the United States, files a petition

ALTERNATIVE ANSWER:
for change of name before the District Court
The forum has jurisdiction over an
of New York, what law shall apply? Explain.
action for the annulment of marriage
(2%)
solemnized elsewhere but only when the
party bringing the actions is domiciled SUGGESTED ANSWER:
in the forum. In this case, none of the New York law shall apply. The petition of
parties to the marriage is domiciled in change of name file din New York does
the Philippines. They are here as not concern the legal capacity or status
officials of the US Embassy whose stay in of the petitioner. Moreover, it does nto
the country is merely temporary, lasting affect the registry of any other country
only during their fixed tour of duty. including the country of birth of the
Hence, the Philippine courts have no petitioner. Whatever judgment is
jurisdiction over the action. rendered in that petition will have effect
only in New York. The New York court
Nationality Principle; Change of Name
not Covered (2009)
Leroy Satchel Paige
Page 15 of 180
SUGGESTED ANSWER:
Philippine law will apply. The petition for

cannot, for instance, order the Civil
change of name in the Philippines will
Registrar in the Philippines to change its
affect only the records of the
records. The judgment of the New York
court allowing a change in the name of
the petitioner will be limited to the
records of the petitioner in New York and
the use of her new name in all
transactions in New York. Since the
records and processes in New York are
the only ones affected, the New York
court will apply New YorK law in
resolving the petition.
ALTERNATIVE ANSWER:
Philippine law shall apply (Art 15, NCC).
Status, conditions, family rights and
duties are governed by Philippine laws as
to Filipinos even though sojourning
abroad.
ALTENATIVE ANSWER:
If Ligaya, a Filipino, files a petition for
change of name with the District Court
of New YoRk, the laws of New York will
govern since change of name is not one
of those covered by the principles of
nationality.
(B). If Henry, an American citizen residing

in the Philippines, files a petition for change
of name before a Philippine court, what law

shall apply? Explain. (2%)
principle, by which his legal status is
petitioner and his transactions in the governed by national law, the matter of
Philippines. The Philippine court can change of name being included in the
never acquire jurisdiction over the legal status. The Supreme Court has
custodian in the US of the records of the reiterate in several cases, that the lex
petitioner. Moreover, change of name has patriae as provided in Article 15 of the
nothing to do with the legal capacity or Civil Code is applicable to foreign
status of the alien. Since Philippine nationals in determining their legal
records and transactions are the only status (supra).
ones affected, the Philippine court may
effect the change only in accordance Conflict of Laws

with the laws governing those records
Processual Presumption (2009)
and transactions that law cannot be but
Philippine law. No.I. TRUE or FALSE. Answer TRUE if the

ALTERNATIVE ANSWER: statement is true, or FALSE if the
U.S. law shall apply as it is his national statement is false. Explain your answer in
law. This is pursuant to the application not more than two (2) sentences.
of lex patriae or the nationality
Leroy Satchel Paige
Page 16 of 180
ALTERNATIVE ANSWER:
(A). The doctrine of "processual
presumption" allows the court of the forum

to presume that the foreign law applicable
to the case is the same as the local or

domestic law. (1%)
SUGGESTED ANSWER:
TRUE. If the foreign law necessary to the
resolve an issue is not proven as a fact,
the court of the forum may presume that
the foreign law is the same as the law of
the forum.
Jurisdiction; Courts may Assume
Jurisdiction over Conflict of Laws Cases
(2010)
No.III. Define, Enumerate or Explain. (2%
each)
(C) Give at least two reasons why a court
may assume jurisdiction over a conflict of

laws case.
SUGGESTED ANSWER:
(1) Statute theory. There is a domestic
law authorizing the local court to
assume jurisdiction.
(2) Comity theory. The local court
assumes jurisdiction based on the
principle of comity or courtesy.

No.XIII. Rafael, a wealthy bachelor, filed a
(1) Public Order. To maintain peace and
petition for the adoption of Dolly, a one-year
order, disputes that disturb the peace of old foundling who had a severe heart ailment.
the forum should be settled by the court During the pendency of the adoption
of the forum even though the application proceedings, Rafael died of natural causes.
of the foreign law is necessary for the The Office of the Solicitor General files a
purpose. motion to dismiss the petition on the ground
that the case can no longer proceed because

(2) Humanitarian Principle. An aggrieved
of the petitioners death.
party should not be left without remedy
in a forum even though the application (A). Should the case be dismissed? Explain.
(2%)
of the foreign law by the courts of the
forum is unavoidable in order to extend

SUGGESTED ANSWER:
relief.
It depends on the stage of the
proceedings when Rafael died. If he died

Adoption
after all the requirements under the law
Adoption; Termination; Death of Adopter
(2009)
Leroy Satchel Paige
Page 17 of 180
decree should be allowed in case it is the
have been complied with and the case is adoptee who dies because adoption is
already submitted for resolution, the primarily for his benefit.
court may grant the petition and issue a
decree of adoption despite the death of
the adopter (Section 13, RA 8552).
Otherwise, the death of the petitioner
shall have the effect terminating the
proceedings.
(B). Will your answer be the same if it was

Dolly who died during the pendency of the
adoption proceedings? Explain. (2%)
SUGGESTED ANSWER:
No, if it was Dolly who died, the case
should be dismissed. Her death
terminates the proceedings (Art. 13,
Domestic Adoption Law).
ALTERNATIVE ANSWER:
It depends. If all the requirements under
the law have already been complied with
and the case is already submitted for
resolution, the death of the adoptee
should not abate the proceedings. The
court should issue the decree of
adoption if will be for the best interest of
the adoptee. While RA8552 provides only
for the case where it is the petitioner
who dies before the decree is issued, it is
with more compelling reason that the

SUGGESTED ANSWER:
Adoption; Illegitimate Child (2010) The consent of the 14-year-old
legitimate child, of the 10- year -old

No.VIII. Spouses Rex and Lea bore two
illegitimate child and of the biological
children now aged 14 and 8. During the
subsistence of their marriage, Rex begot a mother of the illegitimate child are
child by another woman. He is now 10 needed for the adoption (Section 7 and
years of age. 9, RA 8552). The consent of Lea is no
longer required because there was

On Leas discovery of Rexs fathering a child
already a final decree of legal separation.
by another woman, she filed a petition for
legal separation which was granted. (B) If there was no legal separation, can Rex
still adopt his illegitimate child? Explain.
Rex now wants to adopt his illegitimate
(2.5%)
child.
SUGGESTED ANSWER:
(A) Whose consent is needed for Rexs
adoption of his illegitimate child? (2.5%) Yes, he can still adopt his illegitimate
child but with the consent of his spouse,
Leroy Satchel Paige
Page 18 of 180
law is silent as to what middle name an
adoptee may use. In case of In re:

of his 14-year-old legitimate child, of the
illegitimate child, and of the biological
mother of the illegitimate child (Section
7 and 9, RA 8552).
Adoption; Illegitimate Child; Use of
Mothers Surname as Middle Name
(2012)
No.IV.b) Honorato filed a petition to adopt

his minor illegitimate child Stephanie,
alleging that Stephanies mother is Gemma
Astorga Garcia; that Stephanie has been

using her mothers middle name and
surname; and that he is now a widower and

qualified to be her adopting parent. He
prayed that Stephanies middle name be

changed from "Astorga" to "Garcia," which is
her mothers surname and that her

surname "Garcia" be changed to "Catindig,"
which is his surname. This the trial court

denied. Was the trial court correct in
denying Hororatos request for Stephanies

use of her mothers surname as her middle
name? Explain. (5%)
SUGGESTED ANSWER:
No, the trial court was not correct. There
is no law prohibiting an illegitimate child
adopted by his natural father to use as
middle name his mothers surname. The

Consent; Consent of the Adopters Heirs
Adoption of Stephanie Nathy Astorga
(2008)
Garcia, G.R. No. 148311, March 31,
2005, the Supreme Court ruled that the No.V. Despite several relationships with
adopted child may use the surname of different women, Andrew remained
the natural mother as his middle name unmarried. His first relationship with
because there is no prohibition in the Brenda produced a daughter, Amy, now 30
law against it. Moreover, it will also be years old. His second, with Carla, produced
two sons: Jon and Ryan. His third, with
for the benefit of the adopted child who
Donna, bore him no children although
shall preserve his lineage on his
Elena has a daughter Jane, from a previous
mothers side and reinforce his right to
relationship. His last, with Fe, produced no
inherit from his mother and her family.
biological children but they informally
Lastly, it will make the adopted child
adopted without court proceedings, Sandy's
conform with the time-honored Filipino
now 13 years old, whom they consider as
tradition of carrying the mothers their own. Sandy was orphaned as a baby
surname as the persons middle name. and was entrusted to them by the midwife
who attended to Sandy's birth. All the
Leroy Satchel Paige
Page 19 of 180
including Amy and Elena obtains the
children, including Amy, now live with written consent of Jane, if she is over
andrew in his house. ten years old (Sec. 9(d), RA 8552).
(A). Is there any legal obstacle to the legal

adoption of Amy by Andrew? To the legal
adoption of Sandy by Andrew and Elena?

(2%)
SUGGESTED ANSWER:
Yes, there is a legal obstacle to the legal
adoption of Amy by Andrew. Under Sec.
9(d) of RA 8552, the New Domestic
Adoption Act of 1998, the written
consent of the illegitimate
sons/daughters, ten (10) years of age or
over, of the adopter, if living with said
adopter and the latter's spouse, if any, is
necessary to the adoption. All the
children of Andrew are living with him.
Andrew needs to get the written consent
of Jon, Ryan, Vina and Wilma, who are
all ten (10) years old or more. Sandy's
consent to Amy's adoption is not
necessary because she was not legally
adopted by Andrew. Jane's consent is
likewise not necessary because she is
not a child of Andrew. Sandy, an orphan
since birth, is eligible for adoption under
Sec. 8(f) of RA 8552, provided that
Andrew obtains the written consent of
the other children mentioned above,

on certain situations enumerated in the
Qualifications of Adopter (2010) law. The case of John does not fall in any
of the exceptions (R.A. 8552).

No.IX. Eighteen-year old Filipina Patrice
Family Code
had a daughter out of wedlock whom she
named Laurie. At 26, Patrice married

Marriage; Annulment; Grounds (2009)
American citizen John who brought her to
live with him in the United States of

No.XII. Emmanuel and Margarita, American
America. John at once signified his
citizens and employees of the U.S. State
willingness to adopt Laurie.
Department, got married in the African
state of Kenya where sterility is a ground for
Can John file the petition for adoption? If
annulment of marriage. Thereafter, the
yes, what are the requirements? If no, why?
spouses were assigned to the U.S. Embassy
(5%)
in Manila. On the first year of the spouses
SUGGESTED ANSWER: tour of duty in the Philippines, Margarita
filed an annulment case against Emmanuel

No, John cannot file the petition to
before a Philippine court on the ground of
adopt alone. Philippine law requires
husband and wife to adopt jointly except
Leroy Satchel Paige
Page 20 of 180
the formal validity of such marriage is
her husbands sterility at the time of the governed by Kenyan law and any issue as
celebration of the marriage. to the formal validity of that marriage
(B). Assume Emmanuel and Margarita are

both Filipinos. After their wedding in
Kenya, they come back and take up

residence in the Philippines. Can their
marriage be annulled on the ground of
Emmanuels sterility? Explain. (3%)
SUGGESTED ANSWER:
No, the marriage cannot be annulled
under the Philippine law. Sterility is not
a ground for annulment of marriage
under Article 45 of the Family Code.
ALTERNATIVE ANSWER:
No, the marriage cannot be annulled in
the Philippines.
The Philippine court shall have
jurisdiction over the action to annul the
marriage not only because the parties
are residents of the Philippines but
because they are Filipino citizens. The
Philippine court, however, shall apply
the law of the place where the marriage
was celebrated in determining its formal
validity (Article 26, FC; Article 17, NCC).
Since the marriage was celebrated in
Kenya in accordance with Kenyan law,

Since sterility does not constitute
shall be determined by applying Kenyan absence or defect in the legal capacity of
law and not Philippine law. the parties under Philippine law, there is
no ground to avoid or annul the
However, while Kenyan law governs the marriage. Hence, the Philippine court
formal validity of the marriage, the legal has to deny the petition.
capacity of the Filipino parties to the
marriage is governed not by Kenyan law
but by Philippine law (Article 15, NCC).

Marriage; Annulment; Grounds (2007)
Sterility of a party as a ground for the
annulment of the marriage is not a No. VII. Write "TRUE" if the statement is
matter of form but a matter of legal true or "FALSE" if the statement is false. If
capacity. Hence, the Philippine court the statement is FALSE, state the reason.
(2% each).
must apply Phillippine law in
determining the status of the marriage

(4). The day after John and Marsha got
on the ground of absence or defect in the
married, John told her that he was
legal capacity of the Filipino parties. impotent. Marsha continued to live with
Leroy Satchel Paige
Page 21 of 180
declaration of nullity may only be filed
John for 2 years. Marsha is now estopped by any of the spouses.
from filing an annulment case against

ALTERNATIVE SUGGESTED ANSWER:
John.
SUGGESTED ANSWER:
FALSE. Marsha is not estopped from
filing an annulment case against John on
the ground of his impotence, because
she learned of his impotence after the
celebration of the marriage and not
before. Physical incapacity to
consummate is a valid ground for the
annulment of marriage if such incapacity
was existing at the time of the marriage,
continues and appears to be incurable.
The marriage may be annulled on this
ground within five years from its
celebration.
Marriage; Annulment; Parties (2012)
No.IX.b) A petition for declaration of nullity
of a void marriage can only be filed by

either the husband or the wife? Do you
agree? Explain your answer. (5%)
SUGGESTED ANSWER:
Yes, I agree. Under the rules promulgated
by the Supreme Court, a direct action for

two business firms to G and their two
children, aged 18 and 19.
No, I do not agree. There are others who
may file a petition for declaration of

B also opened a bank account in the
nullity such as the other spouse in amount of P3 million in the name of the two
bigamous marriages. children to answer for their educational
expenses until they finish their college

degrees.
Marriage; Annulment; Support Pendente

For her part, G undertook to shoulder the
Lite (2010)
day-to-day living expenses and upkeep of
the children. The Court approved the
No.V. G filed on July 8, 2000 a petition for
spouses agreement on September 8, 2000.
declaration of nullity of her marriage to B.
During the pendency of the case, the
(A) Suppose the business firms suffered
couple entered into a compromise
reverses, rendering G unable to support
agreement to dissolve their absolute
herself and the children. Can G still ask for
community of property. B ceded his right to
support pendente lite from B? Explain. (3%)
their house and lot and all his shares in
Leroy Satchel Paige
Page 22 of 180
SUGGESTED ANSWER: Marriage; Divorce Decrees; Filipino
Spouse Becoming Alien (2009)

If B acquiesces and does not file the
action to impugn the legitimacy of the No.IV. Harry married Wilma, a very wealthy
child within the prescriptive period for woman. Barely five (5) years into the
doing so in Article 170 of the Family marriage, Wilma fell in love with Joseph.
Code, G's daughter by another man shall Thus, Wilma went to a small country in
Europe, became a naturalized citizen of

be conclusively presumed as the
that country, divorced Harry, and married
legitimate daughter of B by G.
Joseph. A year thereafter, Wilma and
(B) Suppose in late 2004 the two children Joseph returned and established
had squandered the P3 million fund for permanent residence in the Philippines.
their education before they could obtain

(A). Is the divorce obtained by Wilma from
their college degrees, can they ask for more
Harry recognized in the Philippines?
support from B? Explain. (3%)
Explain your answer. (3%)
SUGGESTED ANSWER:
SUGGESTED ANSRWER :
Yes, the two children can still ask for
support for schooling or training for As to Wilma, the divorced obtained by
some professions, trade or vocation, her is recognized as valid in the
even beyond the age of majority until Philippines because she is now a
they shall have finished or completed foreigner. Philippine personal laws do
their education (Article 194, Paragraph not apply to a foreigner. However,
2, Family Code; Javier v. Lucero, 94 Phil. recognition of the divorce as regards
634 {1954}].Their having squandered the Harry will depend on the applicability to
money given to them for their education his case of the second paragraph of
will not deprive them of their right to Article 26 of the Family Code. If it is
complete an education, or to extinguish applicable, divorce is recognized as to
the obligation of the parents to ensure him and, therefore, he can remarry.
the future of their children. However, if it is not applicable, divorce is
not recognized as to him and,
consequently, he cannot remarry.

ALTERNATIVE ANSWER:
Leroy Satchel Paige
Page 23 of 180
Wilma is already married to Joseph. Can

Harry legally marry Elizabeth? Explain.
Yes , the divorce obtained by Wilma is
(2%)
recognized as valid in the Philippines. At
the time she got the divorce, she was
already a foreign national having been
naturalized as a citizen of that small
country in Europe. Based on precedents
established by the Supreme Court
( Bayot v. CA, 570 SCRA 472 [2008]),
divorce obtained by a foreigner is
recognized in the Philippines if validly
obtained in accordance with his or her
national law .
(B). If Harry hires you as his lawyer, what

legal recourse would you advise him to
take? Why? (2%)
SUGGESTED ANSWER:
I will advice Harry to:
(1) Dissolve and liquidate his property
relations with Wilma ; and
(2) If he will remarry, file a petition for
the recognition and enforcement of the
foreign judgment of divorced (Rule
39,Rules of Court ).
(C). Harry tells you that he has fallen in
love with another woman, Elizabeth, and

wants to marry her because, after all,
In Republic v. Obrecido, however, the
SUGGESTED ANSWER :
Supreme Court ruled that a Filipino
Yes, he can validly marry Elizabeth, spouse is given the capacity to remarry
applying the doctrine laid down by the even though the spouse who obtained
Supreme Court in Republic v. Obrecido the divorce was a Filipino at the time of
(427 SCRA 114 [2005]). Under the second the marriage, if the latter was already a
paragraph of Article 26 of the Family foreigner when the divorce was already
Code, for the Filipino spouse to have obtained abroad. According to the court,
capacity to remarry, the law expressly to rule otherwise will violate the equal
requires the spouse who obtained the protection clause of the Constitution.
divorce to be a foreigner at the time of
the marriage. Applying this requirement

Marriage; Divorce Decrees; Foreign
to the case of Harry it would seem that
Spouse Divorces Filipino Spouse (2012)
he is not given the capacity to remarry.
This is because Wilma was a Filipino at (b) Cipriano and Lady Miros married each
the time of her marriage to Harry. other. Lady Miros then left for the US and
there, she obtained American citizenship.
Leroy Satchel Paige
Page 24 of 180
(A). Under Article 26 of the Family Code,

when a foreign spouse divorces his/her
Cipriano later learned all about this
Filipino spouse, the latter may re-marry by
including the fact that Lady Miros has
divorced him in America and that she had
remarried there. He then filed a petition for

authority to remarry, invoking Par. 2, Art.
26 of the Family Code. Is Cipriano

capacitated to re-marry by virtue of the
divorce decree obtained by his Filipino

spouse who was later naturalized as an
American citizen? Explain. (5%)
SUGGESTED ANSWER:
Yes, he is capacitated to remarry. While
the second paragraph of Art 26 of the
Family Code is applicable only to a
Filipino who married a foreigner at the
time of marriage, the Supreme Court
ruled in the case of Republic v. Orbecido,
G.R. No. 154380, 5 Oct, 2005, that the
said provision equally applies to a
Filipino who married another Filipino at
the time of the marriage, but who was
already a foreigner when the divorce was
obtained.
Marriage; Divorce Decrees; Foreign
Spouse Divorces Filipino Spouse (2010)
No.I. True or False.

abroad by the foreigner spouse is
proving only that the foreign spouse has sufficient to capacitate the Filipino
obtained a divorce against her or him spouse to remarry.
abroad. (1%)
SUGGESTED ANSWER :
Marriage; Legal Separation; Prescription
FALSE, In Garcia v. Recio , 366 SCRA
(2012)
437 (2001) , the SC held that for a
Filipino spouse to have capacity to No.IV.a) After they got married, Nikki
contract a subsequent marriage, it must discovered that Christian was having an
affair with another woman. But Nikki

also be proven that the foreign divorced
decided to give it a try and lived with him
obtained abroad by the foreigner spouse
for two (2) years. After two (2) years, Nikki
give such foreigner spouse capacity to
filed an action for legal separation on the
remarry.
ground of Christians sexual infidelity. Will
ALTERNATIVE ANSWER: the action prosper? Explain. (5%)
TRUE, Art 26 (2) (FC), clearly provides
that the decree of divorce obtained
Leroy Satchel Paige
Page 25 of 180
FALSE. The five-year prescriptive period
SUGGESTED ANSWER: for filing legal separation runs from the
occurrence of sexual infidelity

Although the action for legal separation
committed in 2002 runs from 2002, for
has not yet prescribed, the prescriptive
period being 5 years, if Obecidos affair
with another woman was ended when
Nikki decided to live with him again,
Nikkis action will not prosper on
account of condonation. However, if
such affair is still continuing, Nikkis
action would prosper because the action
will surely be within five (5) years from
the commission of the latest act of
sexual infidelity. Every act of sexual
liaison is a ground for legal separation.
Marriage; Legal Separation; Prescription
(2007)
No.VII. Write "TRUE" if the statement is


(2% each).
(2). If a man commits several acts of sexual
infidelity, particularly in 2002, 2003, 2004,

2005, the prescriptive period to file for legal
separation runs from 2002.
SUGGESTED ANSWER:
drunkard, a womanizer, a gambler, and a
mama's boy- traits that she never knew or
the sexual infidelity committed in 2003,
saw when Neil was courting her. Although
the prescriptive period runs from 2003
summoned, Neil did not answer Maria's
and so on. The action for legal
petition and never appeared in court.
separation for the last act of sexual
infidelity in 2005 will prescribe in 2010. To support her petition, Maria presented
three witnesses- herself, Dr. Elsie Chan,
and Ambrosia. Dr. Chan testified on the

psychological report on Neil that she
Marriage; Psychological Incapacity
prepared. Since Neil never acknowledged
(2013)
n9r responded to her invitation for
No.I. You are a Family Court judge and interviews, her report is solely based on her
before you is a Petition for the Declaration interviews with Maria and the spouses'
of Nullity of Marriage (under Article 36 of minor children. Dr. Chan concluded that
the Family Code)filed by Maria against Neil. Neil is suffering from Narcissistic
Maria claims that Neil is psychologically Personality Disorder, an ailment that she
incapacitated to comply with the essential found to be already present since Neil's
obligations of marriage because Neil is a
Leroy Satchel Paige
Page 26 of 180
serious enough to prevent Neil from
early adulthood and one that is grave and performing his essential marital
incurable. Maria testified on the specific obligations. Dr. Chans report contains
instances when she found Neil drunk, with
another woman, or squandering the

family's resources in a casino. Ambrosia,
the spouses' current household help,

corroborated Maria's testimony.
On the basis of the evidence presented, will

you grant the petition? (8%)
SUGGESTED ANSWER:
No. The petition should be denied.
The psychological incapacity under Art.
36 of the Family Code must be
characterized by (a) gravity, (b) juridical
antecedence, and (c) incurability. It is
not enough to prove that the parties
failed to meet their responsibilities and
duties as married persons; it is essential
that they must be shown to be incapable
of doing so, due to some physiological
(not physical) illness (Republic v. CA and
Molina, G.R. No. 108763, Feb 13, 1997).
In this case, the pieces of evidence
presented are not sufficient to conclude
that indeed Neil is suffering from
psychological incapacity [Narcissistic
Personality Disorder] existing already
before the marriage, incurable and

Yes. The petition should be granted.
mere conclusions. Being a drunkard, a
womanizer, a gambler and a mamas boy,

The personal medical or psychological
merely shows Neils failure to perform
examination of respondent is not a
his marital obligations. In a number of
requirement for declaration of
cases, the Supreme Court did not find
psychological incapacity. It is the
the existence of psychological incapacity
totality of the evidence presented which
in cases where the respondent showed
shall determine the existence of
habitual drunkenness (Republic v.
psychological incapacity (Marcos v.
Melgar, G.R. No. 139676, 2006), blatant
Marcos, G.R. No. 136490, Oct 19, 2000).
display of infidelity and irresponsibility
Dr. Chans report corroborated by Marias
(Dedel v. CA, 2004) or being hooked to
and Ambrosias testimonies, therefore,
gambling and drugs (Republic v. Tanyag-
sufficiently prove Neils psychological
San Jose, G.R. No. 168328, 2007).
incapacity to assume his marital
obligations.
ALTERNATIVE ANSWER:
Leroy Satchel Paige
Page 27 of 180
cannot be annulled on the ground of
Marriage; Psychological Incapacity respondents psychological incapacity if
(2012)
No.II.b) The petitioner filed a petition for
declaration of nullity of marriage based

allegedly on the psychological incapacity of
the respondent, but the psychologist was

not able to personally examine the
respondent and the psychological report

was based only on the narration of
petitioner. Should the annulment be

granted? Explain. (5%)
SUGGESTED ANSWER:
The annulment cannot be guaranteed
solely on the basis of the psychological
report. For the report to prove the
psychological incapacity of the
respondent, it is required that the
psychologist should personally examine
the respondent and the psychological
report should be based on the
psychologists independent assessment
of the facts as to whether or not the
respondent is psychologically
incapacitated.
Since, the psychologist did not
personally examine the respondent, and
his report is based solely on the story of
the petitioner who has an interest in the
outcome of the petition, the marriage

When Faye was 25 years old, Brad discovered
her continued liason with Roderick and in one

the said report is the only evidence of
of their heated arguments, Faye shot Brad to
respondents psychological incapacity.
death. She lost no time in marrying her true
love Roderick, without a marriage license,
Marriage; Requisites (2008) claiming that they have been continuously
cohabiting for more than 5 years.

No. III. Roderick and Faye were high school
sweethearts. When Roderick was 18 and Faye, (A). Was the marriage of Roderick and Faye
16 years old, they started to live together as valid? (2%)
husband and wife without the benefit of

SUGGESTED ANSWER:
marriage. When Faye reached 18 years of age,
her parents forcibly took her back and

No. The marriage of Roderick and Faye is
arranged for her marriage to Brad. Although
not valid. Art. 4, FC provides that the
Faye lived with Brad after the marriage,
absence of any of the essential or formal
Roderick continued to regularly visit Faye
requisites renders the marriage void ab
while Brad was away at work. During their
initio. However, no license shall be
marriage, Faye gave birth to a baby girl, Laica.
Leroy Satchel Paige
Page 28 of 180
a divorced German national born of a

German father and a Filipino mother
necessary for the marriage of a man and
residing in Stuttgart. To avoid being
a woman who have lived together as
husband and wife for at least 5 years and
without any legal impediment to marry
each other. In Republic v. Dayot, G.R.
No. 175581, 28 March 2008, reiterating
the doctrine in Nial v. Bayadog, G.R.
No. 133778, 14 March 2000, this five-
year period is characterized by
exclusivity and continuity. In the
present case, the marriage of Roderick
and Faye cannot be considered as a
marriage of exceptional character,
because there were 2 legal impediments
during their cohabitation: minority on
the part of Faye, during the first two
years of cohabitation; and, lack of legal
capacity, since Faye married Brad at the
age of 18. The absence of a marriage
license made the marriage of Faye and
Roderick void ab initio.
Marriage; Subsequent Marriage (2008)
No. I. Ana Rivera had a husband, a Filipino
citizen like her, who was among the

passengers on board a commercial jet plane
which crashed in the Atlantic Ocean ten

(10) years earlier and had never been heard
of ever since. Believing that her husband

had died, Ana married Adolf Cruz Staedtler,
subsistence of his previous marriage
reqiured to submit the required certificate provided that: (a) his prior spouse in the
of capacity to marry from the German first marriage had been absent for four
Embassy in Manila, Adolf stated in the consecutive years; (b) that the spouse
application for marriage license that he was present has a well-founded belief that
a Filipino citizen. With the marriage license the absent spouse was already dead, and
stating that Adolf was a Filipino, the couple
(C) present spouse instituted a summary
got married in a ceremony officiated by the
proceeding for the declaration of the
Parish Priest of Calamba, Laguna in a
presumptive death of absent spouse.
beach in Nasugbu, Batangas, as the local
Otherwise, the second marriage shall be
parish priest refused to solemnize
null and void. In the instant case, the
marriages except in his church. Is the
husband of Ana was among the
marriage valid? Explain fully. (5%)
passengers on board a commercial jet
SUGGESTED ANSWER: plane which crashed in the Atlantic
Ocean. The body of the deceased

No. The marriage is not valid. Art. 41 FC
husband was not recovered to confirm
allows the present spouse to contract a
his death. Thus, following Art. 41, Ana
subsequent marriage during the
Leroy Satchel Paige
Page 29 of 180
Yes. Jon and Jane can marry each other;

should have first secured a judicial
Jon is an illegitimate child of Andrew
declaration of his presumptive death
before she married Adolf. The absence of
the said judicial declaration
incapacitated Ana from contracting her
second marriage, making it void ab
initio.
Marriage; Void Marriages; By Reason of
Public Policy (2008)
No.V. Despite several relationships with

different women, Andrew remained
unmarried. His first relationship with

Brenda produced a daughter, Amy, now 30
years old. His second, with Carla, produced




now 13 years old, whom they consider as
their own. Sandy was orphaned as a baby

and was entrusted to them by the midwife

children, including Amy, now live with
andrew in his house.
(D). Can Jon and Jane legally marry? (1%)
SUGGESTED ANSWER:
20 years old. David had a son, Julian, with
his ex-girlfriend Sandra. Julian and Thelma
while Jane is a child of Elena from a
can get married.
previous relationship. Thus, their
marriage is not one of the prohibited SUGGESTED ANSWER:

marriages enumerated under Art. 38 of
the FC. TRUE. Julian and Thelma can get
married. Marriage between stepbrothers
and stepsisters are not among the
marriages prohibited under the Family

Marriage; Void Marriages; By Reason of
Code.
Public Policy (2007)
No. VII. Write "TRUE" if the statement is
Marriage; Void Marriages; Property
Relations (2009)
(2% each).
No. III. In December 2000, Michael and

(5). Amor gave birth to Thelma when she
Anna, after obtaining a valid marriage
was 15 years old. Thereafter, Amor met
David and they got married when she was
Leroy Satchel Paige
Page 30 of 180
of the Family Code. This is on the
license, went to the Office of the Mayor of assumption that there was no
Urbano, Bulacan, to get married. The

Mayor was not there, but the Mayors
secretary asked Michael and Anna and their
witnesses to fill up and sign the required
marriage contract forms. The secretary then
told them to wait, and went out to look for the
Mayor who was attending a wedding in a
neighboring municipality.
When the secretary caught up with the
Mayor at the wedding reception, she showed

him the marriage contract forms and told
him that the couple and their witnesses

were waiting in his office. The Mayor
forthwith signed all the copies of the

marriage contract, gave them to the
secretary who returned to the Mayors

office. She then gave copies of the marriage
contract to the parties, and told Michael

and Anna that they were already married.
Thereafter, the couple lived together as

husband and wife, and had three sons.
(C). What property regime governs the
properties acquired by the couple? Explain.

(2%)
SUGGESTED ANSWER:
The marriage being void, the property
relationship that governed their union is
special co-ownership under Article 147

When the secretary caught up with the
impediment for them to validity marry
Mayor at the wedding reception, she showed
each other. him the marriage contract forms and told
him that the couple and their witnesses
were waiting in his office. The Mayor

Marriage; Void Marriages; Status of
forthwith signed all the copies of the
Children (2009)
marriage contract, gave them to the
secretary who returned to the Mayors
No. III. In December 2000, Michael and
office. She then gave copies of the marriage
Anna, after obtaining a valid marriage
contract to the parties, and told Michael
license, went to the Office of the Mayor of
and Anna that they were already married.
Urbano, Bulacan, to get married. The
Thereafter, the couple lived together as
Mayor was not there, but the Mayors
husband and wife, and had three sons.
secretary asked Michael and Anna and their
witnesses to fill up and sign the required

(A). Is the marriage of Michael and Anna
marriage contract forms. The secretary then
valid, voidable, or void? Explain your
told them to wait, and went out to look for the
answer. (3%)
Mayor who was attending a wedding in a
neighboring municipality.
Leroy Satchel Paige
Page 31 of 180
representing that he was single when, in

fact, he was not; and exemplary, to teach a
SUGGESTED ANSWER :
lesson to like-minded Lotharios.
The marriage is void because the formal
requisite of marriage ceremony was
absent ( Art.3, F.C. 209, Family Code).
ALTERNATIVE ANSWER:
The marriage is void because an
essential requisite was absent: consent
of the parties freely given in the
presence of the solemnizing officer (Art
.2, FC).
(B). What is the status of the three children

of Michael and Anna? Explain your answer.
(2%)
SUGGESTED ANSWER:
The children are illegitimate, having
been born outside a valid marriage.
Parental Authority; Illegitimate Minor
Child (2009)
No.XIV. Rodolfo, married to Sharon, had an

illicit affair with his secretary, Nanette, a
19-year old girl, and begot a baby girl,

Rona. Nanette sued Rodolfo for damages:
actual, for hospital and other medical

expenses in delivering the child by
caesarean section; moral, claiming that

Rodolfo promised to marry her,
and even though he is giving support for
(C). When Rona reaches seven (7) years old, the child. To acquire custody over Rona,
she tells Rodolfo that she prefers to live Rodolfo should first deprive Nanette of
with him, because he is better off parental authority if there is ground
financially than Nanette. If Rodolfo files an under the law, and in a proper court
action for the custody of Rona, alleging that proceedings. In the same action, the
he is Ronas choice as custodial parent, will
court may award custody of Rona to
the court grant Rodolfos petition? Why or
Rodolfo if it is for her best interest.
why not? (2%)
SUGGESTED ANSWER:
Parental Authority; In Vitro Fertilization
No, because Rodolfo has no parental
(2010)
authority over Rona. He who has the
parental authority has the right to No.VI. Gigolo entered into an agreement
custody. Under the Family Code, the with Majorette for her to carry in her womb
mother alone has parental authority over his baby via in vitro fertilization. Gigolo
the illegitimate child. This is true even if undertook to underwrite Majorettes pre-
illegitimate father recognized the child natal expenses as well as those attendant
Leroy Satchel Paige
Page 32 of 180
The relationship produced one offspring,

Venus. The couple acquired a residential lot
to her delivery. Gigolo would thereafter pay
Majorette P2 million and, in return, she
would give custody of the baby to him.
After Majorette gives birth and delivers the
baby to Gigolo following her receipt of P2

million, she engages your services as her
lawyer to regain custody of the baby.
(C) Who of the two can exercise parental

authority over the child? Explain. (2.5%)
SUGGESTED ANSWER:
Majorette, the mother, can exercise
parental authority. Since the child was
born out of wedlock, the child is
illegitimate and the mother has the
exclusive parental authority and custody
over the child.
ALTERNATIVE ANSWER:
Gigolo can exercise parental authority
over the child. Majorette has no blood
relation to the child. She is just a
carrier of the child.
Paternity & Filiation; Child Born Under a
Void Marriage (2010)
No.X. In 1997, B and G started living

together without the benefit of marriage.
legitimated by the subsequent marriage
in Paraaque. After four (4) years or in of her parents, such legitimation was
2001, G having completed her 4-year rendered ineffective when the said
college degree as a fulltime student, she marriage was later on declared null and
and B contracted marriage without a void due to absence of a marriage
license. license.
The marriage of B and G was, two years Under Article 178 of the Family Code,
later, declared null and void due to the legitimation shall take place by a
absence of a marriage license. subsequent valid marriage between
parents. The annulment of a voidable

(B). Is Venus legitimate, illegitimate, or
marriage shall not affect the
legitimated? Explain briefly. (3%)
legitimation. The inclusion of the
SUGGESTED ANSWER: underscored portion in the Article
necessarily implies that the Article's

Venus is illegitimate. She was conceived
application is limited to voidable
and born outside a valid marriage. Thus,
marriages. It follows that when the
she is considered illegitimate (Art 165,
Family Code). While Venus was
Leroy Satchel Paige
Page 33 of 180
presumed as the child of B under Article
subsequent marriage is null or void, the 164 of the Family Code. In the same
legitimation must also be null and void.
In the present problem, the marriage
between B and G was not voidable but
void. Hence, Venus has remained an
illegitimate child.
Paternity & Filiation; Impugning
Legitimacy (2010)
No.IV. Spouses B and G begot two
offsprings. Albeit they had serious

personality differences, the spouses
continued to live under one roof. B begot a

son by another woman. G also begot a
daughter by another man.
(A). If G gives the surname of B to her

daughter by another man, what can B do to
protect their legitimate children's interests?

Explain. (5%)
SUGGESTED ANSWER:
B can impugn the status of G's daughter
by another man as his legitimate
daughter on the ground that for
biological reason he could not have been
the father of the child, a fact that may
be proven by the DNA test. Having been
born during the marriage between B and
G, G's daughter by another man is

action to impugn, B can pray for the
correction of the status of the said Paternity & Filiation; In Vitro
daughter in her record of birth. Fertilization; Surrogate Mothers
Remedy to Regain Custody (2010)

(B). If B acquiesces to the use of his
No.VI. Gigolo entered into an agreement
surname by Gs daughter by another man,
what is/are the consequence/s? Explain. with Majorette for her to carry in her womb
(5%) his baby via in vitro fertilization. Gigolo
undertook to underwrite Majorettes pre-

SUGGESTED ANSWER: natal expenses as well as those attendant
to her delivery. Gigolo would thereafter pay

If B acquiesces and does not file the
Majorette P2 million and, in return, she
action to impugn the legitimacy of the
would give custody of the baby to him.
child within the prescriptive period for
doing so in Article 170 of the Family After Majorette gives birth and delivers the
Code, G's daughter by another man shall baby to Gigolo following her receipt of P2
be conclusively presumed as the
legitimate daughter of B by G.
Leroy Satchel Paige
Page 34 of 180
(B) Can Gigolo demand from Majorette the

return of the P2 million if he returns the
million, she engages your services as her
baby? Explain. (2.5%)
lawyer to regain custody of the baby.
SUGGESTED ANSWER:
(A) What legal action can you file on behalf
of Majorette? Explain. (2.5%)
SUGGESTED ANSWER:
As her lawyer, I can file a petition for
habeas corpus on behalf Majorette to
recover custody of her child. Since she is
the mother of the child that was born
out of wedlock, she has exclusive
parental authority and custody over the
child. Gigolo, therefore, has no right to
have custody of the child and his refusal
to give up custody will constitute illegal
detention for which habeas corpus is the
proper remedy.
ALTERNATIVE ANSWER:
The action to regain custody will not
prosper. In the first place Majorette
cannot regain custody of the baby. As
surrogate mother she merely carries the
child in her womb for its development.
The child is the child of the natural
parents- Gigolo and his partner. The
agreement between Gigolo and Majorette
is a valid agreement.
If Gigolo voluntarily recognized the child
No, he cannot. Both he and Majorette are as his illegitimate child in accordance
guilty of violating the provision of the with Article 175 in relation to Article
Anti-Child Abuse Law (RA7610) on child 172 of the Family Code, the child is
trafficking. Being in pari delicto, the entitled to support and inheritance from
partners shall be left where they are and Gigolo.
Gigolo cannot demand the return of what

ALTERNATIVE ANSWER:
he paid.
Yes, because Gigolo is the natural and
ALTERNATIVE ANSWER: biological parent of the baby.
Yes. The agreement between Gigolo and
Majorette is a valid agreement.

Paternity & Filiation; Legitimacy;
(D) Is the child entitled to support and Presumption (2008)
inheritance from Gigolo? Explain. (2.5%) No. III. Roderick and Faye were high school
sweethearts. When Roderick was 18 and
SUGGESTED ANSWER:
Faye, 16 years old, they started to live
together as husband and wife without the
Leroy Satchel Paige
Page 35 of 180
No. Laica cannot bring an action to
benefit of marriage. When Faye reached 18 impugn her own status. In Liyao Jr. v.
years of age, her parents forcibly took her Tanhoti-Liyao, G.R. No. 138961, 07
back and arranged for her marriage to Brad.
Although Faye lived with Brad after the
marriage, Roderick continued to regularly
visit Faye while Brad was away at work.
During their marriage, Faye gave birth to a
baby girl, Laica. When Faye was 25 years old,
Brad discovered her continued liason with
Roderick and in one of their heated
arguments, Faye shot Brad to death. She lost
no time in marrying her true love Roderick,
without a marriage license, claiming that they
have been continuosly cohabiting for more
than 5 years.
(B). What is the filiation status of Laica?

(2%)
SUGGESTED ANSWER:
Laica is legitimate because children
conceived or born during the marriage of
the parents are presumed to be
legitimate (Art. 164, FC).
(C).Can Laica bring an action to impugn her
own status on the ground that based on

DNA results, Roderick is her biological
father? (2%)
SUGGESTED ANSWER:
No. Laica cannot be legitimated by the
March 2002, the Supreme Court ruled marriage of her biological parents
that impugning the legitimacy of the because only children conceived and
child is a strictly personal right of born outside of wedlock of parents who
husband, except: (a) when the husband at the time of the conception of the
died before the expiration of the period former were not disqualified by any
fixed for bringing the action; (b) if he impediment to marry each other may be
should die after the filing of the legitimated (Art. 177, FC).
complaint, without having desisted
therefrom, or (c) if the child was born
after the death of the husband. Laica's Paternity & Filiation; Legitimation of a
case does not fall under any of the Child from a Previous Valid Marriage
exceptions. (2008)
No. IV. Gianna was born to Andy and

(D). Can Laica be legitimated by the
Aimee, who at the time Gianna's birth were
marriage of her biological parents? (1%)
not married to each other. While Andy was
single at the time, Aimee was still in the

SUGGESTED ANSWER:
Leroy Satchel Paige
Page 36 of 180
No. I. TRUE or FALSE. Answer TRUE if the

process of securing a judicial declaration of
statement is true, or FALSE if the
nullity on her marriage to her ex-husband.
Gianna's birth certificate, which was signed
by both Andy and Aimee, registered the

status of Gianna as "legitimate", her
surname carrying that of Andy's and that

her parents were married to each other.
(C). Assuming that Aimee is successful in
declaring her former marriage void, and

Andy and Aimee subsequently married each
other, would Gianna be legitimated? (1%)
SUGGESTED ANSWER:
Gianna cannot be legitimated by the
subsequent marriage of Andy and Aimee.
Art. 177 of the FC provides that "only
children conceived and born outside of
wedlock of parents who, at the time of
the conception of the former, were not
disqualified by any impediment to marry
each other may be legitimated." In the
present case, a legal impediment was
existing at the time of the conception of
Gianna. Her mother, Aimee, was still
alive in the process of securing judicial
declaration of nullity on her marriage to
her ex-husband.
Paternity & Filiation; Legitimation of a
Dead Child (2009)

statement is false. Explain your answer in
Paternity & Filiation; Support:
not more than two (2) sentences.
Ascendants & Descendants; Collateral
Blood Relatives (2008)

(E). A dead child can be legitimated. (1%)
No.V. Despite several relationships with

SUGGESTED ANSWER:
different women, Andrew remained
TRUE To be legitimated, the law does not unmarried. His first relationship with
require a child to be alive at the same Brenda produced a daughter, Amy, now 30
time of the marriage of his / her parents years old. His second, with Carla, produced

( Article 177, FC ). Furthermore, Art.
181 of the Family Code which states
that [Th]e llegitimation of children who
died before the celebration of marriage
will benefit their descendants, does not
preclude instances where such now 13 years old, whom they consider as
legitimation will benefit no one but the
child's ascendants ,or other relatives .
Leroy Satchel Paige
Page 37 of 180
their own. Sandy was orphaned as a baby Paternity & Filiation; Use of Surname;
and was entrusted to them by the midwife Illegitimate Child (2009)

children, including Amy, now live with
andrew in his house.
19-year old girl, and begot a baby girl,
(B). In his old age, can Andrew be legally Rona. Nanette sued Rodolfo for damages:
entitled to claim support from Amy, Jon, actual, for hospital and other medical
Ryan, Vina, Wilma, and Sandy assuming expenses in delivering the child by
that all of them have the means to support caesarean section; moral, claiming that
him? (1%) Rodolfo promised to marry her,

SUGGESTED ANSWER: fact, he was not; and exemplary, to teach a

Andrew, in his old age, cannot be legally
entitled to claim support because Art. (B). Suppose Rodolfo later on acknowledges
195, par 2 of the FC limits the giving of Rona and gives her regular support, can he
support to "legitimate ascendants and compel her to use his surname? Why or
descendants." why not? (2%)
(C). Can Amy, Jon, Ryan, Vina, Wilma, and SUGGESTED ANSWER:
Sandy legally claim support from each No. he has no right to compel Rona to
other? (2%) use his surname. The law does not give
him the right simply because he gave her

SUGGESTED ANSWER:
support (RA 9255).
Amy, Jon, Ryan, Vina, Wilma and Sandy

Under the Family Code, an illegitimate
cannot legally claim support from each
child was required to use only the
other because Art. 195, par 5 limits the
surname of the mother. Under RA 9255,
giving of support to "legitimate brothers
otherwise known as the Revilla law,
and sisters, whether full or half blood."
however, the illegitimate child is given
the option to use the surname of the
illegitimate father when the latter has

recognized the former in accordance illegitimate child, Rodolfo cannot
with law. Since the choice belongs to the
Leroy Satchel Paige
Page 38 of 180
No, Alberto and Baldomero are not

compel Rona, if already of age, to use
entitled to share in Edilbertos estate.
the surname against her will. If Rona is
still a minor, to use the surname of
Rodolfo will require the consent of
Rona's mother who has sole parental
authority over her.
Paternity & Filiation; Who May Impugn
Legitimacy (2009)
No.V. Four children, namely: Alberto,
Baldomero, Caridad, and Dioscoro, were

born to the spouses Conrado and Clarita de
la Costa. The childrens birth certificates

were duly signed by Conrado, showing them
to be the couples legitimate children.
Later, one Edilberto de la Cruz executed a
notarial document acknowledging Alberto

and Baldomero as his illegitimate children
>with Clarita. Edilberto died leaving

substantial properties. In the settlement of
his estate, Alberto and Baldomero

intervened claiming shares as the
deceaseds illegitimate children. The

legitimate family of Edilberto opposed the
claim.
Are Alberto and Baldomero entitled to share

in the estate of Edilberto? Explain. (4%)
SUGGESTED ANSWER:
illegitimate children. Before they can be
They are not related at all to Edilberto. conferred the status of Edilbertos
They were born during the marriage of illegitimate children, Condrado must
Conrado and Clarita, hence, are first impugn their legitimacy. Since
considered legitimate children of the Condrado has not initiated any action to
said spouses. This status is conferred on impugn their legitimacy, they continue
them at birth by law. to be the legitimate of Condrado. They
cannot be the illegitimate children of
Under Philippine law, a person cannot Edilberto at the same time. Not being
have more than one natural filiation. the illegitimate children of Edilberto,
The legitimate filiation of a person can they have no right to inherit from him.
be changed only if the legitimate father
will successfully impugn such status.

Property Relations; Adulterous
Relationship (2009)
In the problem, therefore, the filiation of
Alberto and Baldomero as legitimate

No. XI. TRUE or FALSE. Answer TRUE if
children of Condrado cannot be changed
the statement is true, or FALSE if the
by their recognition by Edilberto as his
Leroy Satchel Paige
Page 39 of 180
building conjugal or paraphernal? Reasons.

(5%)
(B). If there is no marriage settlement, the

salary of a "spouse" in an adulterous
marriage belongs to the conjugal

partnership of gains. (1%)
SUGGESTED ANSWER:
False. In adulterous relationship, the
salary of a married partner belongs to
the absolute community, or conjugal
partnership, of such married partner
with his or her lawful spouse. Under
Articles 148 of the Family Code, the
property relations between married
partner and his/her paramour is
governed by ordinary co-ownership
where the partners become co-owners
only when they contributed to the
acquisition of the property. The
paramour is deemed to have not
contributed in the earning of the salary
of the married partner.
Property Relations; Accession (2012)
No.III.(a) Maria, wife of Pedro, withdrew P 5
Million from their conjugal funds. With this

money, she constructed a building on a lot
which she inherited from her father. Is the

Note: The rule on reverse accession is
SUGGESTED ANSWER: applicable only to the regime of conjugal
partnership of gains in both the Family

It depends. If the value of the building is
Code and the New Civil Code. The foregoing
more than the value of the land, the
answer assumes that CPG is the regime of
building is conjugal and the land
the property relations of the spouses.
becomes conjugal property under Art.
120 of the Family Code. This is a case of
reverse accession, where the building is

Property Relations; Ante-Nuptial Debt
considered as the principal and the land,
(2007)
the accessory. If, on the other hand, the
value of the land is more than the value No. VII. Write "TRUE" if the statement is
of the building, then the ordinary rule of true or "FALSE" if the statement is false. If
accession applies where the land is the the statement is FALSE, state the reason.
principal and the building, the (2% each).
accessory. In such case, the land

(3). An individual, While single, purchases a
remains paraphernal property and the
house and lot in 1990 and borrows money
building becomes paraphernal propery.
Leroy Satchel Paige
Page 40 of 180
in 1992 to repair it. In 1995, such Property Relations; Unions Without

individual gets married while the debt is Marriage (2012)
still being paid. After the marriage, the debt
No.V. a) Spouses Primo and Monina Lim,
is still the responsibility of such individual.
childless, were entrusted with the custody
SUGGESTED ANSWER: of two (2) minor children, the parents of
whom were unknown. Eager of having

FALSE. The absolute Community of
children of their own, the spouses made it
property is liable for the ante-nuptial appear that they were the childrens
debts of either spouse in so far as the parents by naming them Michelle P. Lim
same redounded to the benefit of the and Michael Jude Lim. Subsequently,
family (Art. 94 par.7, FC). Monina married Angel Olario after Primos
death.
ALTERNATIVE ANSWER:
She decided to adopt the children by
FALSE. The debt is already the availing the amnesty given under R.A. 8552
responsibility of the community to those individuals who simulated the
property, because the property already birth of a child. She filed separate petitions
constitutes absolute community for the adoption of Michelle, then 25 years
old and Michael, 18. Both Michelle and

property under Art. 91 of FC which took
Michael gave consent to the adoption.
effect in 1988 while the house and lot
here involved was purchased in 1990.

The trial court dismissed the petition and
There is no indication that the spouse ruled that Monina should have filed the
who bought the property had legitimate petition jointly with her new husband.
descendants by a former marriage, which Monina, in a Motion for Reconsideration
would exclude the house and lot from argues that mere consent of her husband
the community property, Art. 92 par 3, would suffice and that joint adoption is not
needed, for the adoptees are already

FC). If the spouses established a conjugal
emancipated.
partnership, the property belongs to the
individual spouse if full ownership was

Is the trial court correct in dismissing the
vested before marriage (Art. 118, FC). petitions for adoption? Explain. (5%)
SUGGESTED ANSWER:
Leroy Satchel Paige
Page 41 of 180
rights and interests in the Agro-Macro

properties to Borromeo.
Yes, the trial court was correct. At the
time the petitions for adoptions were
filed, petitioner had already remarried.
Under the law, husband and wife shall
adopt jointly, except in the cases
enumerated in the law. The adoption
cases of Michelle and James do not fall
in any of the exceptions provided in the
law where a spouse is permitted to adopt
alone. Hence, Monina should adopt
jointly with her husband Angel (Adoption
of Michelle P. Lim, G.R. Nos. 168992-93,
May 21, 2009).
Property Relations; Unions Without
Marriage (2012)
No.V. b) Jambrich, an Austrian, fell in-love

and lived together with Descallar and
bought their houses and lots at Agro-Macro

Subdivision. In the Contracts to Sell,
Jambrich and Descallar were referred to as

the buyers. When the Deed of Absolute Sale
was presented for registration before the

Register of Deeds, it was refused because
Jambrich was an alien and could not

acquire alienable lands of the public
domain. After Jambrich and Descallar

separated, Jambrich purchased an engine
and some accessories for his boat from

Borromeo. To pay for his debt, he sold his
apply to their property relations and the
Borromeo discovered that titles to the three properties in question are owned by
(3) lots have been transfereed in the name them in equal shares even though all the
of Descallar. Who is the rightful owner of funds used in acquiring the properties
the properties? Explain. (5%) came only from the salaries or wages, or
the income of Jambrich from his

SUGGESTED ANSWER:
business or profession. In such case,
It depends. On the assumption that the while Jambrich is disqualified to own
Family Code is the applicable law, the any part of the properties, his
ownership of the properties depends on subsequent transfer of all his interest
whether or not, Jambrich and Descallar therein to Borromeo, a Filipino, was
are capacitated to marry each other valid as it removed the disqualification.
during their cohabitation, and whether In such case, the properties are owned
or not both have contributed funds for by Borromeo and Descallar in equal
the acquisition of the properties. shares.
If both of them are capacitated to marry If, on the other hand, Jambrich and
each other, Art 147- co-ownership will Descallar were not capacitated to marry
Leroy Satchel Paige
Page 42 of 180
which bore no offspring, was declared void
ab initio under Article 36 of the Family

each other Art. 148-co-ownership
Code. At the time of the dissolution of the
governs their property relations. Under
this regime, Jambrich and Descallar are
co-owners of the properties but only if
both of them contributed in their
acquisition. If all the funds used in
acquiring the properties in question
came from Jambrich, the entire property
is his even though he is disqualified from
owning it. His subsequent transfer to
Borromeo, however, is valid as it
removed the disqualification. In such
case, all the properties are owned by
Borromeo. If, on the other hand
Descallar contributed to their
acquisition, the properties are co-owned
by Descallar and Borromeo in proportion
to the respective contributions of the
Descallar and Jambrich.
Note: The facts of the problem are not
exactly the same as in the case of
Borromeo v. Descallar, G.R. NO. 159310,
Feb 24, 2009, hence, the difference in
the resulting answer.
Property Relations; Void Marriages
(2010)
No.VII. G and B were married on July 3,
1989. On March 4, 2001, the marriage,

SUGGESTED ANSWER:
marriage, the couple possessed the
following properties: Since the marriage was declared void ab
initio in 2001, no Absolute Community

a house and lot acquired by B on
or Conjugal Partnership was ever
August 3, 1988, one third (1/3) of
established between B and G. Their
the purchase price (representing
property relation is governed by a
downpayment) of which he paid; one
special co-ownership under Article 147
third (1/3) was paid by G on
February 14, 1990 out of a cash gift of the Family Code because they were
given to her by her parents on her capacitated to marry each other.
graduation on April 6, 1989; and

Under that Article 147, wages and
the balance was paid out of the
salaries of the former spouses earned
spouses joint income; and
during their cohabitation shall be owned
an apartment unit donated to B by
an uncle on June 19, 1987. by them in equal shares while properties
acquired thru their work for industry

(A) Who owns the foregoing properties?
shall be owned by them in proportion to
Explain. (5%)
Leroy Satchel Paige
Page 43 of 180
during the cohabitation, hence, it is his
their respective contributions. Care and exclusive property.
maintenance of the family is recognized

(2) 1/3 of the house and lot is owned by
as a valuable contribution. In the
absence of proof as to the value of their
respective contributions, they shall
share equally.
If ownership of the house and lot was
acquired by B on August 3, 1988 at the
time he bought it on installment before
he got married, he shall remain owner of
the house and lot but he must reimburse
G for all the amounts she advanced to
pay the purchase price and for one-half
share in the last payment from their
joint income. In such case, the house
and lot were not acquired during their
cohabitation, hence, are not co-owned by
B and G.
But if the ownership of the house and lot
was acquired during the cohabitation,
the house and lot will be owned as
follows:
(1) 1/3 of the house and lot is owned by
B. He is an undivided co-owner to that
extent for his contributions in its
acquisition in the form of the down
payment he made before the celebration
of the marriage. The money he used to
pay the down payment was not earned

After summing up their prospective
G. She is an undivided co-owner to the
shares, B and G are undivided co-owners
extent for her contribution in its
of the house and lot in equal shares.
acquisition when she paid 1/3 of the
purchase price using the gift from her As to the apartment, it is owned
parents. Although the gift was acquired exclusive by B because he acquired it
by G during her cohabitation with B, it is before their cohabitation. Even if he
her exclusive property. It did not consist acquired it during their cohabitation, it
of wage or salary or fruit of her work or will still be his exclusive property
industry. because it did not come from his wage or
salary, or from his work or industry. It

(3) 1/3 of the house is co-owned by B
was acquired gratuitously from his uncle.
and G because the payment came from
their co-owned funds, i.e., their joint (B) If G and B had married on July 3, 1987
income during their cohabitation which and their marriage was dissolved in 2007,
who owns the properties? Explain. (5%)
is shared by them equally in the absence
of any proof to the contrary.

SUGGESTED ANSWER:
Leroy Satchel Paige
Page 44 of 180
No.X. In 1997, B and G started living

The answer is the same as in letter A.
together without the benefit of marriage.
Since the parties to the marriage which
The relationship produced one offspring,
was later declared void ab initio were Venus. The couple acquired a residential lot
capacitated to marry each other, the
applicable law under the New Civil Code
was Article 144.This Article is
substantially the same as Article 147 of
the Family Code.
Hence, the determination of ownership
will remain the same as in question A.
And even assuming that the two
provisions are not the same, Article 147
of the Family Code is still the law that
will govern the property relations of B
and G because under Article 256, the
Family Code has retroactive effect
insofar as it does not prejudice or impair
vested or acquired rights under the new
Civil Code or other laws. Applying Article
147 retroactively to the case of G and B
will not impair any vested right. Until
the declaration of nullity of the marriage
under the Family Code, B and G have not
as yet acquired any vested right over the
properties acquired during their
cohabitation.
Property Relations; Void Marriages
(2010)
and G. Their properties are governed by
in Paraaque. After four (4) years or in the special co-ownership provision of
2001, G having completed her 4-year Article 147 of the Family Code because
college degree as a fulltime student, she both B and G were capacitated to marry
and B contracted marriage without a each other. The said Article provides
license. that when a man and a woman who are
capacitated to marry each other, live

The marriage of B and G was, two years
exclusively with each other as husband
later, declared null and void due to the
and wife without the benefit of marriage,
absence of a marriage license.
or under a void marriage: (1) their wages
(A). If you were the judge who declared the and salaries shall be owned by them in
nullity of the marriage, to whom would you
equal shares; and (2) property acquired
award the lot? Explain briefly. (3%)
by both of them through their work or
industry shall be governed by the rules

SUGGESTED ANSWER:
on co-ownership. In co-ownership, the
Since the marriage was null and void, no
parties are co-owners if they contributed
Absolute Community or Conjugal
something of value in the acquisition of
Partnership was established between B
Leroy Satchel Paige
Page 45 of 180
the property. Their share is in Succession

proportion to their respective
contributions. In an ordinary co- Disposition; Mortis Causa vs. Intervivos;
ownership the care and maintenance of Corpse (2009)
the family is not recognized as a valuable

contribution for the acquisition of a
property. In the Article 147 special co-
ownership however, care and
maintenance is recognized as a valuable
contribution which will entitle the (E). A person can dispose of his corpse
contributor to half of the property through an act intervivos. (1%)
acquired.
SUGGESTED ANSWER:
Having been acquired during their False. A persons cannot dispose of his
cohabitation, the residential lot is corpse through an act inter vivos, i.e.,
presumed acquired through their joint an act to take effect during his lifetime.
work and industr under Article 147, Before his death there is no corpse to
hence, B and G are co-owners of the said dispose. But he is allowed to do so
property in equal shares. through an act mortis causa, i.e., an act
to take effect upon his death.

Article 147 also provides that when a
party to the void marriage was in bad
faith, he forfeits his share in the co-

Heirs; Fideicommissary Substitution
ownership in favor of the common
(2008)
children or descendants, the default of
children or descendants, the forfeited No. XIII. Raymond, single, named his sister
share shall belong to the innocent party. Ruffa in his will as a devisee of a parcel of
In the foregoing problem, there is no land which he owned. The will imposed
showing that one party was in bad faith. upon Ruffa the obligation of preseving the
Hence, both shall be presumed in good land and transferring it, upon her death, to
her illegitimate daughter Scarlet who was
faith and no forfeiture shall take place.
then only one year old. Raymond later died,
leaving behind his widowed mother, Ruffa
and Scarlet.
Leroy Satchel Paige
Page 46 of 180
illegitimate child, cannot inherit the
(A). Is the condition imposed upon Ruffa, to property by intestate succession from
preserve the property and to transmit it Raymond who is a legitimate relative of
upon her death to Scarlet, valid? (1%)
SUGGESTED ANSWER:
Yes, the condition imposed upon Ruffa
to preserve the property and to transmit
it upon her death to Scarlet is valid
because it is tantamount to
fideicommissary substitution under Art.
863 of the Civil Code.
(B). If Scarlet predeceases Ruffa, who

inherits the property? (2%)
SUGGESTED ANSWER:
Ruffa will inherit the property as
Scarlet's heir. Scarlet acquires a right to
the succession from the time of
Raymond's death, even though she
should predecease Ruffa (Art. 866, Civil
Code).
(C). If Ruffa predeceases Raymond, can

Scarlet inherit the property directly from
Raymond? (2%)
SUGGESTED ANSWER:
If Ruffa predeceases Raymond,
Raymond's widowed mother will be
entitled to the inheritance. Scarlet, an

each of their 3 children as their
presumptive legitimes.
Ruffa (Art. 992, Civil Code). Moreover,
Scarlet is not a compulsory heir of

Peter later re-married and had two (2)
Raymond, hence she can inherit only by children by his second wife Marie. Peter and
testamentary succession. Since Marie, having successfully engaged in
Raymond executed a will in the case at business, acquired real properties. Peter
bar, Scarlet may inherit from Raymond. later died intestate.
(A). Who are Peters legal heirs and how will

his estate be divided among them? (5%)
Heirs; Intestate Succession; Legitime;
Computation (2010) SUGGESTED ANSWER:
No.XI. The spouses Peter and Paula had The legal heirs of Peter are his children
three (3) children. Paula later obtained a by the first and second marriages and
judgment of nullity of marriage. Their his surviving second wife.
absolute community of property having

Their shares in the estate of Peter will
been dissolved, they delivered P1 million to
depend, however, on the cause of the
Leroy Satchel Paige
Page 47 of 180
Surviving second 1/6 of the estate

nullity of the first marriage. If the spouse
nullity of the first marriage was
psychological incapacity of one or both
spouses, the three children of that void
marriage are legitimate and all of the
legal heirs shall share the estate of Peter
in equal shares. If the judgment of
nullity was for other causes, the three
children are illegitimate and the estate
shall be distributed such that an
illegitimate child of the first marriage
shall receive half of the share of a
legitimate child of the second marriage,
and the second wife will inherit a share
equal to that of a legitimate child. In no
case may the two legitimate children of
the second marriage receive a share less
than one-half of the estate which is their
legitime. When the estate is not
sufficient to pay all the legitimes of the
compulsory heirs, the legitime of the
spouse is preferred and the illegitimate
children suffer the reduction.
Computation:
(A) If the ground of nullity is
psychological incapacity:
3 children by first 1/6 of the estate

marriage for each
2 children by second 1/6 of the estate

marriage for each
the estate is left after paying the
(B) If the ground of nullity is not legitime of the surviving spouse which is
psychological capacity: preferred.
2 legitimate of the estate for

Hence, the remaining of the estate
children each of second
marriage shall be divided among the 3 illegitimate
children.
Surviving of the estate
second spouse
(B). What is the effect of the receipt by
3 illegitimate 1/12 of estate for
children each of first marriage Peters 3 children by his first marriage of
their presumptive legitimes on their right to

inherit following Peters death? (5%)
Note: The legitime of an illegitimate

SUGGESTED ANSWER:
child is supposed to be the legitime of
a legitimate child or 1/8 of the estate. In the distribution of Peters estate, of
But the estate will not be sufficient to the presumptive received by the 3
pay the said legitime of the 3 children of the first marriage shall be
illegitimate children, because only of collated to Peters estate and shall be
Leroy Satchel Paige
Page 48 of 180
heir of the decedent he seeks to inherit
imputed as an advance of their from.
respective inheritance from Peter. Only

While Arnel is a legal heir of Franco, he
half of the presumptive legitime is
is not a legal heir of Ricky because under
collated to the estate of Peter because
the other half shall be collated to the
estate of his first wife.
Heirs; Representation; Iron-Curtain Rule
(2012)
No.VIII.a) Ricky and Arlene are married.
They begot Franco during their marriage.

Franco had an illicit relationship with
Audrey and out of which, they begot Arnel.

Frnaco predeceased Ricky, Arlene and
Arnel. Before Ricky died, he executed a will

which when submitted to probate was
opposed by Arnel on the ground that he

should be given the share of his father,
Franco. Is the opposition of Arnel correct?

Why? (5%)
SUGGESTED ANSWER:
No, his opposition is not correct. Arnel
cannot inherit from Ricky in the
representation of his father Franco. In
representation, the representative must
not only be a legal heir of the person he
is representing, he must also be a legal

(B).In reservatroncal, all reservatarios (reser
vees) inherit as a class and in equal shares

Art 992 of the NCC, an illegitimate child
regardless of their proximity in degree to
has no right to inherit ab intestato from
the prepositus. (1%)
the legitimate children and relatives of
his father or mother. Arnel is SUGGESTED ANSWER:

disqualified to inherit from Ricky FALSE. Not all the relatives within the
because Arnel is an illegitimate child of third degree will inherit as reservatario ,
Franco and Ricky is a legitimate relative and not all those who are entitled to
of Franco. inherit will inherit in the equal shares .
The applicable laws of intestate
succession will determine who among

Heirs; Reserva Troncal (2009) the relatives will inherit as reservatarios
and what shares they will tak, i.e., the

No. I. TRUE or FALSE. Answer TRUE if the
direct line excludes the collateral, the
descending direct line excludes the
not more than two (2) sentences. ascending ,the nearer excludes the more
remote, the nephews and nieces exclude
Leroy Satchel Paige
Page 49 of 180
blood, a half blood sibling will receive
the uncles and the aunts, and half blood half the share of a full-blood sibling.
relatives inherit half the share of full-
blooded relatives.
Intestate Succession (2008)
No. VII. Ramon Mayaman died intestate,
leaving a net estate of P10,000,000.00.

Determine how much each heir will receive
from the estate:
(A). If Ramon is survived by his wife, three

full-blood brothers, two half-brothers, and
one nephew (the son of a deceased full-

blood brother)? Explain. (3%)
SUGGESTED ANSWER:
Having died intestate, the estate of
Ramon shall be inherited by his wife and
his full and half blood siblings or their
respective representatives. In intestacy,
if the wife concurs with no one but the
siblings of the husband, all of them are
the intestate heirs of the deceased
husband. The wife will receive half of the
intestate estate, while the siblings or
their respective representatives, will
inherit the other half to be divided
among them equally. If some siblings are
of the full-blood and the other of the half

The wife will receive one half (1/2) of the
(1). The wife of Ramon will, therefore, estate or P5,000,000.00. The other half
receive one half () of the estate or the shall be inherited by (1) the full-blood
amount of P5,000,000.00. brother, represented by his three
(2). The three (3) full-blood brothers, will, children, and (2) the half-sister. They will
therefore, receive P1,000,000.00 each. divide the other half between them such
(3). The nephew will receive that the share of the half-sister is just
P1,000,000.00 by right of half the share of the full-blood brother.
representation. The share of the full-blood brother shall
(4). The two (2) half-brothers will receive in turn be inherited by the three
P500,000.00 each. nephews in equal shares by right of
presentation.
(B). If Ramon is survived by his wife, a half-
sister, and three nephews (sons of a Therefore, the three (3) nephews will
deceased full-blood brother)? Explain. (3%)
receive P1,111,111.10 each the half-
sister will receive the sum of

SUGGESTED ANSWER:
P1,666,666.60.
Leroy Satchel Paige
Page 50 of 180
Intestate Succession (2008) (D). How should the house and lot, and the
cash be distributed? (1%)
No.X. Arthur executed a will which contained
only: (i) a provision disinheriting his daughter SUGGESTED ANSWER:

Bernica for running off with a married man,
and (ii) a provision disposing of his share in Since the probate of the will cannot be
the family house and lot in favor of his other allowed, the rules on intestate
children Connie and Dora. He did not make succession apply. Under Art. 996 of the
any provisions in favor of his wife Erica, Civil Code, if a widow or widower and
because as the will stated, she would anyway legitimate children or descendants are
get of the house and lot as her conjugal
left, the surviving spouse has the same
share. The will was very brief and
share as of the children. Thus, ownership
straightforward and both the above provisions
over the house and lot will be created
were contained in page 1, which Arthur and
among wife Erica and her children
his instrumental witness, signed at the
Bernice, Connie and Dora. Similarly, the
bottom. Page 2 contained the attestation
amount of P 1 million will be equally
clause and the signatures, at the bottom
thereof, of the 3 instrumental witnesses divided among them.
which included Lambert, the driver of Arthur;
Yoly, the family cook, and Attorney Zorba, the
lawyer who prepared the will. There was a 3rd Intestate Succession; Rights of
page, but this only contained the notarial Representation: Illegitimate, Adopted
acknowledgement. The attestation clause
Child; Iron Curtain Rule (2007)
stated the will was signed on the same
occasion by Arthur and his instrumental No. X. For purpose of this question, assume
witnesses who all signed in the presence of all formalities and procedural requirements
each other, and the notary public who have been complied with.
notarized the will. There are no marginal

In 1970, Ramon and Dessa got married.
signatures or pagination appearing on any of
Prior to their marriage, Ramon had a child,
the 3 pages. Upon his death, it was discovered
Anna. In 1971 and 1972, Ramon and Dessa
that apart from the house and lot, he had a P
legally adopted Cherry and Michelle
1 million account deposited with ABC bank.
respectively. In 1973, Dessa died while
giving birth to Larry Anna had a child, Lia.

Anna never married. Cherry, on the other
hand, legally adopted Shelly. Larry had
Leroy Satchel Paige
Page 51 of 180
adopted. The law on representation
twins, Hans and Gretel, with his girlfriend, requires the representative to be a legal
Fiona. In 2005, Anna, Larry and Cherry heir of the person he is representing and
died in a car accident. In 2007, Ramon
died. Who may inherit from Ramon and

who may not? Give your reason briefly.
(10%)
SUGGESTED ANSWER:
The following may inherit from Ramon:
(1). Michelle, as an adopted child of
Ramon, will inherit as a legitimate child
of Ramon. As an adopted child, Michelle
has all the rights of a legitimate child
(Sec 18, Domestic Adoption Law).
(2). Lia will inherit in representation of
Anna. Although Lia is an illegitimate
child, she is not barred by Articles 992,
because her mother Anna is an
illegitimate herself. She will represent
Anna as regards Anna's legitime under
Art. 902, NCC and as regards Anna's
intestate share under Art. 990, NCC.
The following may not inherit from
Ramon:
(1). Shelly, being an adopted child, she
cannot represent Cherry. This is because
adoption creates a personal legal relation
only between the adopter and the

time, adoption was governed by the New
also of the person from whom the person Civil Code. Under the New Civil Code,
being represented was supposed to husband and wife were allowed to adopt
inherit. While Shelly is a legal heir of separately or not jointly with the other
Cherry, Shelly is not a legal heir of spouse. And since the problem does not
Ramon. Adoption created a purely specifically and categorically state, it is
personal legal relation only between possible to construe the use of the word
Cherry and Shelly. "respectively" in the problem as
indicative of the situation that Cherry

(2). Hans and Gretel are barred from was adopted by Ramon alone and
inheriting from Ramon under Art. 992, Michelle was adopted by Dessa alone. In
NCC. Being illegitimate children, they such case of separate adoption the
cannot inherit ab intestao from Ramon. alternative answer to the problem will be
as follows: Only Lia will inherit from

ALTERNATIVE ANSWER:
Ramon in representation of Ramon's
The problem expressly mentioned the illegitimate daughter Anna. Although Lia
dates of the adoption of Cherry and is an illegitimate child, she is not barred
Michelle as 1971 and 1972. During that from inheriting from Ramon because her
Leroy Satchel Paige
Page 52 of 180
No.VIII.b) How can RJP distribute his estate

mother is herself illegitimate. Shelly by will, if his heirs are JCP, his wife; HBR
cannot inherit in representation of and RVC, his parents; and an illegitimate
Cherry because Shelly is just an adopted child, SGO?
child of Cherry. In representation, the
representative must not only be a legal
heir of the person he is representing but
also of the decedent from whom the
represented person is supposed to
inherit. In the case of Shelly, while she
is a legal heir of Cherry by virtue of
adoption, she is not a legal heir of
Ramon. Adoption creates a personal
legal relation only between the adopting
parent and the adopted child (Teotico v.
Del Val, 13 SCRA 406, 1965. Michelle
cannot inherit from Ramon, because she
was adopted not by Ramon but by Dessa.
In the eyes of the law, she is not related
to Ramon at all. Hence, she is not a legal
heir of Ramon. Hans and Gretel are not
entitled to inherit from Ramon, because
they are barred by Art. 992 NCC. Being
illegitimate children of Larry, they
cannot inherit from the legitimate
relatives of their father Larry. Ramon is
a legitimate relative of Larry who is the
legitimate father.
Legitimes; Compulsory Heirs (2012)

Middle East. He had saved P100.000 in his
saving account in Manila which intended to
SUGGESTED ANSWER:
use to start a business in his home
A testator may dispose of by will the free country. On his flight home, Ernesto had a
portion of his estate. Since the legitime fatal heart attack. He left behind his
of JCP is 1/8 of the estate, SGO is of widowed mother, his common-law wife and
the estate and that of HBR and RVC is their twins sons. He left no will, no debts,
of the hereditary estate under Art 889 of no other relatives and no other properties
except the money in his saving account.

the NCC, the remaining 1/8 of the estate
Who are the heirs entitled to inherint from
is the free portion which the testator
him and how much should each receive?
may dispose of by will.
(3%)
SUGGESTED ANSWER:
Legitime; Compulsory Heirs (2008)

The mother and twin sons are entitled to
No. XII. Ernesto, an overseas Filipino inherit from Ernesto. Art. 991 of the
worker, was coming home to the Philippines Civil Code, provides that if legitimate
after working for so many years in the
Leroy Satchel Paige
Page 53 of 180
lawyer who prepared the will. There was a 3rd
page, but this only contained the notarial

ascendants are left, the twin sons shall
acknowledgement.
divide the inheritance with them taking
one-half of the estate. Thus, the widowed
mother gets P50,000.00 while the twin
sons shall receive P25,000.00 each. The
common-law wife cannot inherit from
him because when the law speaks "widow
or widower" as a compulsory heir, the
law refers to a legitimate spouse (Art.
887, par 3, Civil Code).
Preterition; Disinheritance (2008)
No.X. Arthur executed a will which contained
only: (i) a provision disinheriting his daughter
Bernica for running off with a married man,
and (ii) a provision disposing of his share in
the family house and lot in favor of his other
children Connie and Dora. He did not make
any provisions in favor of his wife Erica,
because as the will stated, she would anyway
get of the house and lot as her conjugal
share. The will was very brief and
straightforward and both the above provisions
were contained in page 1, which Arthur and
his instrumental witness, signed at the
bottom. Page 2 contained the attestation
clause and the signatures, at the bottom
thereof, of the 3 instrumental witnesses
which included Lambert, the driver of Arthur;
Yoly, the family cook, and Attorney Zorba, the

(B). What other defects of the will, if any,
The attestation clause stated the will was
can cause denial of probate? (2%)
signed on the same occasion by Arthur and
his instrumental witnesses who all signed SUGGESTED ANSWER:
in the presence of each other, and the
notary public who notarized the will. There The other defects of the will that can
are no marginal signatures or pagination cause its denial are as follows: (a) Atty.
appearing on any of the 3 pages. Upon his Zorba, the one who prepared the will was
death, it was discovered that apart from the one of the three witnesses, violating the
house and lot, he had a P 1 million account three-witnesses rule; (b) no marginal
deposited with ABC bank.
signature at the last page; (c ) the
attestation did not state the number of

(A). Was Erica preterited? (1%)
pages upon which the will is written;
SUGGESTED ANSWER: and, (d) no pagination appearing
correlatively in letters on the upper part

Erica cannot be preterited. Art. 854 of
of the three pages (Azuela v. C.A., G.R.
the Civil Code provides that only
compulsory heirs in the direct line can
be preterited.
Leroy Satchel Paige
Page 54 of 180
No. 122880, 12 Apr 2006 and cited cases (B). Between Marian and the baby, who is
therein, Art 805 and 806, Civil Code). presumed to have died ahead? (1%)
(C). Was the disinheritance valid? (1%) SUGGESTED ANSWER:
SUGGESTED ANSWER: Marian is presumed to have died ahead
of the baby. Art. 43 applies to persons

Yes, the disinheritance was valid. Art.
who are called to succeed each other.
919, par 7, Civil Code provides that
The proof of death must be established
"when a child or descendant leads a
by positive or circumstantial evidence
dishonorable or disgraceful life, like
derived from facts. It can never be
running off with a married man, there is
established from mere inference. In the
sufficient cause for disinheritance."
present case, it is very clear that only
Marian and Pietro were hacked with
bolos. There was no showing that the

Succession; Proof of Death between baby was also hacked to death. The
persons called to succeed each other baby's death could have been due to lack
(2008) of nutrition.
No. II. At age 18, Marian found out that she

ALTERNATIVE ANSWER:
was pregnant. She insured her own life and
named her unborn child as her sole The baby is presumed to have died ahead
beneficiary. When she was already due to of Marian. Under Par. 5, rule 131, Sec. 5
give birth, she and her boyfriend Pietro, the (KK) of the Rules of Court, if one is
father of her unboarn child, were
under 15 or above 60 and the age of the
kidnapped in a resort in Bataan where they
other is in between 15 and 60, the latter
were vacationing. The military gave chase
is presumed to have survived. In the
and after one week, they were found in an
instant case, Marian was already 18
abandoned hut in Cavite. Marian and Pietro
when she found out that she was
were hacked with bolos. Marian and the
pregnant. She could be of the same age
baby delivered were both found dead, with
the baby's umbilical cord already cut. Pietro or maybe 19 years of age when she gave
survived. birth.
(C). Will Pietro, as surviving biological
father of the baby, be entitled to claim the
Leroy Satchel Paige
Page 55 of 180
As to the Estate of Dr. Lopez:

proceeds of the life insurance on the life of
Marian? (2%)
SUGGESTED ANSWER:
Pietro, as the biological father of the
baby, shall be entitled to claim the
proceeds of life insurance of the Marian
because he is a compulsory heir of his
child.
Succession; Rule on Survivorship (2009)
No. II. Dr. Lopez, a 70-year old widower, and
his son Roberto both died in a fire that
gutted their home while they were sleeping

in their air-conditioned rooms. Robertos
wife, Marilyn, and their two children were

spared because they were in the province at
the time. Dr. Lopez left an estate worth

P20M and a life insurance policy in the
amount of P1M with his three children ---
one of whom is Roberto --- as beneficiaries.
Marilyn is now claiming for herself and her
children her husbands share in the estate

left by Dr. Lopez, and her husbands share
in the proceeds of Dr. Lopezs life insurance

policy. Rule on the validity of Marilyns
claims with reasons. (4%)
SUGGESTED ANSWER :
three children of Dr. Lopez . Marilyn
cannot represent her husband Roberto
Marilyn is not entitled to a share in the because the right is not given by the law
estate of Dr. Lopez. For purpose of to a surviving spouse.
succession, Dr. Lopez and his son
Roberto are presumed to have died at As to the proceeds of the insurance on
the same time, there being no evidence the life of Dr. Lopez:
to prove otherwise, and there shall be no

Since succession is not involved as
transmission of rights from one to the
regards the insurance contract, the
other (Article 43, NCC). Hence, Roberto,
provisions of the Rules of Court (Rule
inherited nothing from his father that
131, Sec. 3 , [jj] [5] ) on survivorship
Marilyn would in turn inherit from
shall apply. Under the Rules, Dr. Lopez,
Roberto .The children of Roberto,
who was 70 years old, is presumed to
however, will succeed their grandfather,
have died ahead of Roberto who is
Dr. Lopez ,in representation of their
presumably between the ages 15 and 60.
father Roberto and together Roberto will
Having survived the insured, Roberto's
receive 1/3 of the estate of Dr. Lopez
right as a beneficiary became vested
since their father Roberto was one of the
Leroy Satchel Paige
Page 56 of 180
testator himself, Rosas claimed that the
upon the death of Dr. Lopez. When holographic will in its original tenor
Roberto died after Dr. Lopez, his right to
receive the insurance became part of his
hereditary estate, which in turn was
inherited in equal shares by his legal
heirs, namely, his spouse and children.
Therefore, Roberto's children and his
spouse are entitled to Roberto's one-
third share in the insurance proceeds.
Wills; Holographic Wills; Insertions &
Cancellations (2012)
No.VII.a) Natividads holographic will, which
had only one (1) substantial provision, as

first written, named Rosa as her sole heir.
However, when Gregorio presented it for

probate, it already contained an alteration,
naming Gregorio, instead of Rosa, as sole

heir, but without authentication by
Natividads signature. Rosa opposes the
probate alleging such lack of proper

authentication. She claims that the
unaltered form of the will should be given

effect. Whose claim should be granted?
Explain. (5%)
SUGGESTED ANSWER:
It depends. If the cancellation of Rosas
name in the will was done by the

The writing of Gregorios name as sole
should be given effect must be denied. heir was ineffective, even though written
The said cancellation has revoked the by the testator himself, because such is
entire will as nothing remains of the will an alteration that requires
after the name of Rosa was cancelled. authentication by the full signature of
Such cancellation is valid revocation of the testator to be valid and effective. Not
the will and does not require having an authenticated, the designation
authentication by the full signature of of Gregorio as an heir was ineffective,
the testator to be effective. (Kalaw v. Relova, G.R. No. L-40207, Sept
28, 1984).
However, if the cancellation of Rosas
name was not done by the testator
himself, such cancellation shall not be

Wills; Holographic Wills; Probate (2009)
effective and the will in its original tenor
shall remain valid. The effectively of the No.VI. On December 1, 2000, Dr. Juanito
holographic will cannot be left to the Fuentes executed a holographic will,
wherein he gave nothing to his recognized

mercy of unscrupulous third parties.
illegitimate son, Jay. Dr. Fuentes left for the
Leroy Satchel Paige
Page 57 of 180
Civil Code (Art. 816, NCC). Since Dr.
United States, passed the New York medical Fuentes executed his will in accordance
licensure examinations, resided therein, with the Philippine law, the Philippine
and became a naturalized American citizen.
He died in New York in 2007. The laws of

New York do not recognize holographic wills
or compulsory heirs.
(A). Can the holographic will of Dr. Fuentes

be admitted to probate in the Philippines?
Why or why not? (3%)
SUGGESTED ANSWER:
Yes, the holographic will of Dr. Fuentes
may be admitted to probate in the
Philippines because there is no public
policy violated by such probate. The only
issue at probate is the due execution of
the will which includes the formal
validity of the will. As regards formal
validity, the only issue the court will
resolve at probate is whether or not the
will was executed in accordance with the
form prescribed by the law observed by
the testator in the execution of his will.
For purposes of probate in the
Philippines, an alien testator may
observe the law of the place where the
will was executed (Art 17, NCC), or the
formalities of the law of the place where
he resides, or according to the
formalities of the law of his own country,
or in accordance with the Philippine

No, Jay cannot insist because under New
court shall apply the New Civil Code in York law he is not a compulsory heir
determining the formal validity of the entitled to a legitime.
holographic will. The subsequent change

The national law of the testator
in the citizenship of Dr. Fuentes did not
determines who his heirs are, the order
affect the law governing the validity of
that they succeed, how much their
his will. Under the new Civil Code, which
successional rights are, and whether or
was the law used by Dr. Fuentes, the law
not a testamentary disposition in his will
enforced at the time of execution of the
is valid (Art 16, NCC). Since, Dr. Fuentes
will shall govern the formal validity of
was a US citizen, the laws of the New
the will (Art. 795, NCC).
York determines who his heirs are. And
(B). Assuming that the will is probated in since the New York law does not
the Philippines, can Jay validly insist that recognize the concept of compulsory
he be given his legitime? Why or why not?
heirs, Jay is not a compulsory heir of Dr.
(3%)
Fuentes entitled to a legitime.
SUGGESTED ANSWER:
Leroy Satchel Paige
Page 58 of 180
(B). Are the testamentary dispositions

valid? (2%)
Wills; Joint Wills (2008)
No. XI. John and Paula, British citizens at
birth, acquired Philippine citizenship by

naturalization after their marriage. During
their marriage the couple acquired

substanial landholdings in London and in
Makati. Paula bore John three children,

Peter, Paul and Mary. In one of their trips to
London, the couple executed a joint will

appointing each other as their heirs and
providing that upon the death of the

survivor between them the entire estate
would go to Peter and Paul only but the two

could not dispose of nor divide the London
estate as long as they live. John and Paul

died tragically in the London Subway
terrorist attack in 2005. Peter and Paul filed

a petition for probate of their parent's will
before a Makati Regional Trial Court.
(A). Should the will be admitted to probate?

(2%)
SUGGESTED ANSWER:
No. The will cannot be admitted to
probate because a joint will is expressly
prohibited under Art. 818 of the Civil
Code. This provision applies John and
Paula became Filipino citizens after
their marriage.
No.VII.b) John Sagun and Maria Carla
Camua, British citizens at birth, acquired
SUGGESTED ANSWER:
Philippine citizenship by naturalization
No. The testamentary dispositions are after their marriage. During their marriage,
not valid because (a) omission of Mary, a the couple acquired substantial
landholdings in London and in Makati.
legitimate child, is tantamount to
Maria begot three (3) children, Jorge,
preterition which shall annul the
Luisito, and Joshur. In one of their trips to
institution of Peter and Paul as heirs
(Art. 854, Civil Code); and, (b) the
disposition that Peter and Paul could not
dispose of nor divide the London estate
survivor between them, the entire estate
for more than 20 years is void (Art. 870, would go to Jorge and Luisito only but the
Civil Code). two (2) could not dispose of nor divide the
London estate as long as they live. John

and Maria died tragically in the London
subway terrorist attack in 2005. Jorge and

Wills; Joint Wills; Probate (2012)
Luisito filed a petition for probate of their
parents will before a Makati Regional Trial
Leroy Satchel Paige
Page 59 of 180
(3) Is the testamentary prohibition against

Court. Joshur vehemently objected because
the division of the London estate valid?
he was preterited.
Explain. (1%)
(1) Should the will be admitted to probate?

Explain. (2%)
SUGGESTED ANSWER:
No, the will should not be admitted to
probate. Since the couples are both
Filipino citizens, Art 818 and 819 of the
NCC shall apply. Said articles prohibits
the execution of joint wills and make
them void, even though authorized of
the country where they were executed.
(2) Are the testamentary dispositions valid?

Explain. (2%)
SUGGESTED ANSWER:
Since the joint will is void, all the
testamentary disposition written therein
are also void. However, if the will is
valid, the institutions of the heirs shall
be annulled because Joshur was
preterited. He was preterited because he
will receive nothing from the will, will
receive nothing in testacy, and the facts
do not show that he received anything as
an advance on his inheritance. He was
totally excluded from the inheritance of
his parents.
cannot be partitioned for as long as the
youngest of his four children desires to stay
SUGGESTED ANSWER:
there. As coheirs and co-owners, the other
Assuming the will of John and Maria was three may demand partition anytime. (1%)
valid, the testamentary prohibition on the
division of the London estate shall be valid SUGGESTED ANSWER:
but only for 20 years. Under Arts 1083 and

FALSE, The other three co heirs may
494 of the NCC, a testamentary disposition
not anytime demand the partition of the
of the testator cannot forbid the partition of
house and lot since it was expressly
all or part of the estate for a period longer
provided by the decedent in his will that
than twenty (20) years.
the same cannot be partitioned while his
youngest child desires to stay there.
Article 1083 of the New Civil Code allows

Wills; Prohibition to Partition of a Co-
a decedent to prohibit, by will, the
Owned Property (2010)
partition of a property and his estate for
No.I. True or False. a period not longer than 20 years no
(B) X, a widower, died leaving a will stating

that the house and lot where he lived
Leroy Satchel Paige
Page 60 of 180
of Arts. 804, 805 and 806 of the Civil
matter what his reason maybe. Hence, Code.
the three co-heir cannot demand its
partition at anytime but only after 20
years from the death of their father.
Even if the deceased parent did not leave
a will, if the house and lot constituted
their family home, Article 159 of the
Family Code prohibits its partition for a
period of ten (10) years, or for as long as
there is a minor beneficiary living in the
family home.
Wills; Notarial Wills; Blind Testator;
Requisites (2008)
No. XIV. Stevie was born blind. He went to

school for the blind, and learned to read in
Baille Language. He Speaks English

fluently. Can he:
(A). Make a will? (1%)
SUGGESTED ANSWER:
Assuming that he is of legal age (Art.
797, Civil Code) and of sound mind at
the time of execution of the will (Art.
798, Civil Code), Stevie, a blind person,
can make a notarial will, subject to
compliance with the "two-reading rule"
(Art. 808, Civil Code) and the provisions

subscribing witnesses, and again, by the
(B). Act as a witness to a will? (1%) notary public before whom the will is
acknowledged (Art. 808, Civil Code).

SUGGESTED ANSWER:
Stevie cannot be a witness to a will. Art.
820 of the Civil Code provides that "any Wills; Testamentary Disposition; Period
person of sound mind and of the age of to Prohibit Partition (2008)
eighteen years or more, and not blind,

No. XI. John and Paula, British citizens at
deaf or dumb, and able to read and write,
birth, acquired Philippine citizenship by
may be a witness to the execution of a
naturalization after their marriage. During
will. their marriage the couple acquired
substanial landholdings in London and in

(C). In either of the above instances, must
Makati. Paula bore John three children,
the will be read to him? (1%)
Peter, Paul and Mary. In one of their trips to
SUGGESTED ANSWER:
If Stevie makes a will, the will must be
read to him twice, once by one of the
Leroy Satchel Paige
Page 61 of 180
Coming from the hospital, Clara insisted on

signing her will by thumb mark and said
survivor between them the entire estate

would go to Peter and Paul only but the two
could not dispose of nor divide the London

estate as long as they live. John and Paul
died tragically in the London Subway

terrorist attack in 2005. Peter and Paul filed
a petition for probate of their parent's will

before a Makati Regional Trial Court.
(C). Is the testamentary prohibition against

the division of the London estate valid? (2%)
SUGGESTED ANSWER:
No. the testamentary prohibition against
the division of the London estate is void
(Art. 870, Civil Code). A testator,
however, may prohibit partition for a
period which shall not exceed twenty
(20) years (Art. 870 in relation to Art.
494, par 3, Civil Code).
Wills; Witnesses to a Will, Presence
required; Thumbmark as Signature
(2007)
No.VI. Clara, thinking of her mortality,
drafted a will and asked Roberta, Hannah,

Luisa and Benjamin to be witnesses.
During the day of signing of her will, Clara

fell down the stairs and broke her arms.
Probate should be denied. The
that she can sign her full name later. While requirement that the testator and at
the will was being signed, Roberta least three (3) witnesses must sign all in
experienced a stomach ache and kept going the "presence" of one another was not
to the restroom for long periods of time. complied with. Benjamin who notarized
Hannah, while waiting for her turn to sign the will is disqualified as a witness,
th
the will, was reading the 7 Harry Potter hence he cannot be counted as one of
book on the couch, beside the table on the three witnesses (Cruz v. Villasor, 54
which everyone was signing. Benjamin,
SCRA 31, 1973). The testatrix and the
aside from witnessing the will, also offered
other witnesses signed the will not in
to notarize it. A week after, Clara was run
the presence of Roberta because she was
over by a drunk driver while crossing the
in the restroom for extended periods of
street in Greenbelt.
time. Inside the restroom, Roberta could
May the will of Clara be admitted to not have possibly seen the testatrix and
probate? Give your reasons briefly. (10%) the other witnesses sign the will by
merely casting her eyes in the proper

SUGGESTED ANSWER:
direction (Jaboneta v. Gustilo, 5 Phil
541, 1906; Nera v. Rimando, 18 Phil
Leroy Satchel Paige
Page 62 of 180
Jennifer acquired it and placed it in his

bedroom. In 1990, Brad and Jennifer broke
451, 1914). Therefore, the testatrix
up. While Brad was mending his broken
signed the will in the presence of only
heart, he met Angie and fell in love.
two witnesses, and only two witnesses
signed the will in the presence of the
testatrix and of one another.
It is to be noted, however, that the
thumb mark intended by the testator to
be his signature in executing his last will
and testament is valid (Payad v.
Tolentino, 62 Phil 848, 1936; Matias v.
Salud, L-104 Phil 1046, 23 June, 1958).
The problem, however, states that Clara
"said that she can sign her full name
later;" Hence, she did not consider her
thumb mark as her "complete" signature,
and intended further action on her part.
The testatrix and the other witness
signed the will in the presence of
Hannah, because she was aware of her
function and role as witness and was in a
position to see the testatrix and the
other witnesses sign by merely casting
her eyes in the proper direction.
Donation
Donations; Formalities; In Writing (2007)
No. VIII. In 1986, Jennifer and Brad were

madly in love. In 1989, because a certain
Picasso painting reminded Brad of her,

cannot validly bequeath the same to
Because the Picasso painting reminded Angie (Art. 930, NCC). Even assuming
Angie of him, Brad in his will bequeathed that the painting was impliedly given or
the painting to Angie. Brad died in 1995. donated by Jennifer to Brad, the
Saddened by Brad's death, Jennifer asked donation is nevertheless void for not
for the Picasso painting as a remembrance being in writing. The Picasso painting
of him. Angie refused and claimed that
must be worth more than 5,000 pesos.
Brad, in his will, bequeathed the painting
Under Art. 748, NCC, the donation and
to her. Is Angie correct? Why or why not?
acceptance of a movable worth more
(10%)
than 5,000 pesos must be in writing,
SUGGESTED ANSWER: otherwise the donation is void. The
donation being void, Jennifer remained

NO. Angie is not correct. The Picasso
the owner of the Picasso painting and
painting is not given or donated by
Brad could not have validly disposed of
Jennifer to Brad. She merely "placed it
said painting in favor of Angie in his will.
in his bedroom." Hence, she is still the
owner of the painting. Not being the ALTERNATIVE ANSWER:
owner of the Picasso painting, Brad
Leroy Satchel Paige
Page 63 of 180
written. Such conditions, shall therefore,
YES. Angie is correct. Even assuming be disregarded but the donation remains
that there was void donation because the valid (Art. 727, NCC). On the other hand,
same was not in writing, Brad was in
uninterrupted possession of the Picasso
painting from 1989 to 1995, lasting for
six (6) years prior to his death. Brad has
already acquired ownership of the
painting through acquisitive
prescription. Under Art. 1132, NCC,
ownership of movables prescribes
through continuous possession for four
(4) years in good faith and for eight (8)
years without need of other conditions.
A void donation may be the basis of
possession in the concept of owner and
of just title for purposes of acquisitive
prescription.
Donations; Illegal & Impossible
Conditions (2007)
No.I. Distinguish the following concepts:
(B). Illegal and impossible conditions in a

simple donation v. illegal and impossible
conditions in an onerous donation. (5%)
SUGGESTED ANSWER:
Illegal and impossible conditions in a
simple donation are considered as not

given to me, I hereby freely,
voluntarily and irrevocably donate to

illegal and impossible donations imposed
her my one-hectare rice land covered
in an onerous donation shall annul the
by TCT No. 11550, located in San
donation (Art. 1183, NCC). This is so,
Fernando, Pampanga. This donation
because onerous donations are governed
shall take effect upon my death."
by the law on contracts (Art. 733, NCC).
The deed also contained Jennifer's signed

acceptance, and an attached notarized
declaration by Josefa and Jennifer that the

Donation; Inter Vivos (2013)
land will remain in Josefa's possession and
No.V. Josefa executed a deed of donation cannot be alienated, encumbered, sold or
covering a one-hectare rice land in favor of disposed of while Josefa is still alive.
her daughter, Jennifer. The deed specifically

Advise Jennifer on whether the deed is a
provides that:
donation inter vivos or mortis causa and
"For and in consideration of her love explain the reasons supporting your advice.
and service Jennifer has shown and (8%)
Leroy Satchel Paige
Page 64 of 180
donation which state that the same will
SUGGESTED ANSWER: only take effect upon the death of the
donor and that there is a prohibition to

The donation is a donation inter vivos. alienate, encumber, dispose, or sell the
When the donor intends that the
donation shall take effect during the
lifetime of the donor, though the
property shall not be delivered till after
the donors death, this shall be a
donation inter vivos (Art. 729, Civil
Code).
The Civil Code prefers inter vivos
transmissions. Moreover, mortis causa
donations should follow the formalities of a
will (Art. 728, Civil Code). Here there is no
showing that such formalities were
followed. Thus, it is favorable to Jennifer
that the deed is a donation inter vivos.
Furthermore, what is most significant in
determining the type of donation is the
absence of stipulation that the donor
could revoke the donation; on the
contrary, the deeds expressly declare
them to be irrevocable, a quality
absolutely incompatible with the idea of
conveyances mortis causa where
revocability is the essence of the act, to
the extent that a testator cannot
lawfully waive or restrict his right of
revocation. The provisions of the deed of

As the donation is in the nature of a
same should be harmonized with its mortis causa disposition, the formalities
express irrevocability (Austria-Magat v. of a will should have been complied with
CA, G.R. No. 106755, Feb 1, 2002). under Art. 728 of the Civil Code,
otherwise, the donation is void and

ALTERNATIVE ANSWER: would produce no effect (The National
Treasure of the Philippines v. Vda. de

The donation is donation mortis causa.
Meimban, G.R. No. L-61023, Aug 22,
The deed clearly states that the donation 1984).
shall take effect upon the death of the
donor, Josefa. The donor, moreover, Property

retained ownership of the subject
Accretion; Alluvium (2008)
property as it was declared that the
property cannot be alienated, No. IX. The properties of Jessica and Jenny,
encumbered, sold or disposed of while who are neighbors, lie along the banks of
the donor is still alive. the Marikina River. At certain times of the
year, the river would swell and as the water
recedes, soil, rocks and other materials are
Leroy Satchel Paige
Page 65 of 180
current of the water." Where the land is
deposited on Jessica's and Jenny's not formed solely by the natural effect of
properties. This pattern of the river the water current of the river bordering
swelling, receding and depositing soil and
other materials being deposited on the

neighbors' properties have gone on for
many years. Knowing his pattern, Jessica

constructed a concrete barrier about 2
meters from her property line and

extending towards the river, so that when
the water recedes, soil and other materials

are trapped within this barrier. After several
years, the area between Jessica's property

line to the concrete barrier was completely
filled with soil, effectively increasing

Jessica's property by 2 meters. Jenny's
property, where no barrier was constructed,

also increased by one meter along the side
of the river.
(A). Can Jessica and Jenny legally claim

ownership over the additional 2 meters and
one meter, respectively, of land deposited

along their properties?(2%)
SUGGESTED ANSWER:
Only Jenny can claim ownership over
the additional one meter of land
deposited along her property. Art. 457 of
the Civil Code provides that "to the
owners of lands adjoining the banks of
river belong the accretion which they
gradually receive from the effects of the

(B). If Jessica's and Jenny's properties are
registered, will the benefit of such
land but is also the consequences of the
registration extend to the increased area of
direct and deliberate intervention of
their properties? (2%)
man, it is man-made accretion and a
part of the public domain (Tiongco v. SUGGESTED ANSWER:

Director of Lands, 16 C.A. Rep 211, cited
If the properties of Jessica and Jenny
in Nazareno v. C.A., G.R. No. 98045, 26
are registered, the benefit of such
June 1996). Thus, Jessica cannot legally
registration does not extend to the
claim ownership of the additional 2
increased area of their properties.
meters of land along her property
Accretion does not automatically
because she constructed a concrete
become registered land because there is
barrier about 2 meters from her property
a specific technical description of the lot
causing deposits of soil and other
in its Torrens title. There must be a
materials when the water recedes. In
separate application for registration of
other words, the increase in her property
the alluvial deposits under the Torrens
was not caused by nature but was man-
System (Grande v. CA, G.R. No. L-17652,
made.
30 June, 1962).
Leroy Satchel Paige
Page 66 of 180
up in the mountains and forests so that

gradually the land owned by Marciano
(C). Assume the two properties are on a cliff
increased in area by three hectares.
adjoining the shore of Laguna Lake. Jessica
and Jenny had a hotel built on the
properties. They had the erath and rocks

excavated from the properties dumped on
the adjoining shore, giving rise to a new

patch of dry land. Can they validly lay claim
to the patch of land? (2%)
SUGGESTED ANSWER:
No. Jessica and Jenny cannot validly lay
claim to the patch of land because in
order to acquire land by accretion, there
should be a natural and actual
continuity of the accretion to the land of
the riparian owner caused by natural ebb
and flow of the current of the river
(Delgado v. Samonte, CA-G.R. No. 34979-
R, 10 Aug 1966).
Accretion; Rights of the Riparian Owner
(2009)
No.XVI. Marciano is the owner of a parcel of

land through which a river runs out into
the sea. The land had been brought under

the Torrens System, and is cultivated by
Ulpiano and his family as farmworkers

therein. Over the years, the river has
brought silt and sediment from its sources

SUGGESTED ANSWER:
Ulpiano built three huts on this additional
Marcianos contention is correct. Since
area, where he and his two married
children live. On this same area, Ulpiano that accretion was deposited on his land
and his family planted peanuts, monggo by the action of the waters of the river
beans and vegetables. Ulpiano also and he did not construct any structure
regularly paid taxes on the land, as shown to increase the deposition of soil and
by tax declarations, for over thirty years. silt, Marciano automatically owns the
accretion. His real right of ownership is

When Marciano learned of the increase in
enforceable against the whole world
the size of the land, he ordered Ulpiano to
demolish the huts, and demanded that he including Ulpiano and his two married
be paid his share in the proceeds of the children. Although Marcianos land is
harvest. Marciano claims that under the registered, the three (3) hectares land
Civil Code, the alluvium belongs to him as a deposited through accretion was not
registered riparian owner to whose land the automatically registered. As an
accretion attaches, and that his right is unregistered land, it is subject to
enforceable against the whole world.
acquisitive prescription by third persons.
(A). Is Marciano correct? Explain. (3%)
Leroy Satchel Paige
Page 67 of 180
accounting of the fruits he has gathered,
he has the right to deduct from the
Although Ulpiano and his children live in value of the fruits the expenses for
the three (3) hectare unregistered land
owned by Marciano, they are farm
workers; therefore, they are possessors
not in the concept of owners but in the
concept of mere holders. Even if they
possess the land for more than 30 years,
they cannot become the owners thereof
through extraordinary acquisitive
prescription, because the law requires
possession in the concept of the owner.
Payment of taxes and tax declaration are
not enough to make their possession one
in the concept of owner. They must
repudiate the possession in the concept
of holder by executing unequivocal acts
of repudiation amounting to ouster of
Marciano, known to Marciano and must
be proven by clear and convincing
evidence. Only then would his
possession become adverse.
(B). What rights, if any, does Ulpiano have

against Marciano? Explain. (3%)
SUGGESTED ANSWER:
Although Ulpiano is a possessor in bad
faith, because he knew he does not own
the land, he will lose the three huts he
built in bad faith and make an

CRC likewise sold to the spouses Rodriguez,
a 700-square meter land (Lot B) which is
production, gathering and preservation
adjacent to Lot A. Lot B has a present fair
of the fruits (Art 443, NCC).
market value of P1,500,000.
He may also ask for reimbursement of

The spouses Dela Cruz constructed a house
the taxes he has paid, as these are on Lot B, relying on their presentation of
charges on the land owned by Marciano. the CRC sales agent that it is the property
This obligation is based on a quasi- they purchased. Only upon the completion
contract (Art 2175, NCC). of their house did the spouses Dela Cruz
discovered that they had built on Lot B

owned by the spouses Rodriguez, not on Lot
A that they purchased. They spent P 1

Builder; Good Faith; Requisites (2013)
000,000 for the house.
No.VIII. Ciriaco Realty Corporation (CRC)

As their lawyer, advise the spouses Dela
sold to the spouses Del a Cruz a500-square
Cruz on their rights and obligations under
meter land (Lot A) in Paranaque. The land
the given circumstances, and the recourses
now has a fair market value of Pl,200,000.
Leroy Satchel Paige
Page 68 of 180
(1) to appropriate as his own the works
and options open to them to protect their after payment of the indemnity provided
interests. (8%) for in Art 546 and 548, or
SUGGESTED ANSWER: (2) to oblige the one who built to pay the
price of the land.

Based on the fact as stated, the spouses
Dela Cruz as builders and the spouses
Rodriguez as land owners, are both in
good faith. The spouses Dela Cruz are
builder in good faith because before
constructing the house they exercised
due diligence by asking the Agent of CRC
the location of the lot A, and they relied
on the information given by the agent
who is presumed to know the identity of
the lot purchased by the Dela Cruz
spouses (Pleasantville v. CA, 253 SCRA
10, 1996). On the other hand, there is no
showing that the land owners, spouse
Rodriguez acted in bad faith. The facts
do not show that the building was done
with their knowledge and without
opposition on their part (Art 453, Civil
Code). The good faith is always presumed
(Art. 527, Civil Code).
The owner of the land on which anything
has been built, sown, or planted in good
faith shall have the right:

entitled to the right of retention pending
However, the builder cannot be obliged reimbursement of the expenses they
to buy the land if its value is incurred or the increase in value which
considerable more than that of the the thing may have acquired by reason of
building.. In such case, he shall pay the improvement (Art 546, Civil Code).
reasonable rent of the owner of the land Thus, the spouses Dela Cruz may
does not choose to appropriate the demand P1,000,000.00 as payment of
building or trees after proper indemnity the expenses in building the house or
(Art 448, Civil Code). increase in value of the land because of
the house as a useful improvement, as

The house constructed by the spouses may be determined by the court form
Dela Cruz is considered as a useful the evidence presented during the trial
expense, since it increased the value of (Depra v. Dumlao, 136 SCRA 475, 1985;
the lot. As such, should the spouses Technogas Phils v. CA, 268 SCRA 5,
Rodriguez decides to appropriate the 1997).
house, the spouses Dela Cruz are
Leroy Satchel Paige
Page 69 of 180
been using this pathway (pathway A) since

1980.
Easement; Prescription; Acquisitive
Prescription (2009)

(C). Acquisitive prescription of a negative
easement runs from the time the owner of

the dominant estate forbids, in a notarized
document, the owner of the servient estate

from executing an act which would be
lawful without the easement. (1%)
SUGGESTED ANSWER:
True. In negative easements, acquisitive
prescription runs from the moment the
owner of the dominant estate forbade, by
an instrument acknowledged before
notary public, the owner of the servient
estate from executing an act which
would be lawful without the easement
(Art. 621, NCC).
Easement; Right of Way (2013)
No.VII.In 2005, Andres built a residential

house on a lot whose only access to the
national highway was a pathway crossing

Brando's property. Andres and others have
determine the shortest and the least
prejudicial way through the servient
In 2006, Brand0 fenced off his property,
estates. After the survey, the engineer
thereby blocking Andres' access to the
concluded that pathway B is the longer
national highway. Andres demanded that
route and will need improvements and
part of the fence be removed to maintain
repairs, but will not significantly affect the
his old access route to the highway
use of Brando's property. On the other
(pathway A), but Brando refused, claiming
hand, pathway A that had long been in
that there was another available pathway
place, is the shorter route but would
(pathway B) for ingress and egress to the
significantly affect the use of Brando's
highway. Andres countered that pathway B
property.
has defects, is circuitous, and is extremely
inconvenient to use.
In light of the engineer's findings and the
circumstances of the case, resolve the

To settle their dispute, Andres and Brando
parties' right of way dispute. (6%)
hired Damian, a geodetic and civil engineer,
to survey and examine the two pathways

SUGGESTED ANSWER:
and the surrounding areas, and to
Leroy Satchel Paige
Page 70 of 180
The first and fourth requisites are not

Andres is not entitled to the easement of
complied with. First, there is another
right of way for Pathway A. Pathway B
available outlet to the national highway
must be used.
The owner of a dominant estate may
validly obtain a compulsory right of way
only after he has established the
existence of four requisites, to wit:
(1) The (dominant) estate is surrounded
by other immovables and is without
adequate outlet to a public highway;
(2) After payment of the proper
indemnity;
(3) The isolation was not due to the
proprietors own acts; and
(4) The right of way claimed is at a point
least prejudicial to the servient estate,
and insofar as consistent with this rule,
where the distance from the dominant
estate to the public highway maybe the
shortest (Art 650, civil Code).
However, the Supreme Court has
consistently ruled that in case both
criteria cannot be complied with, the
right of way shall be established at the
point least prejudicial to the servient
estate.
to the servient estate is controlling
(Pathway B). Second, the right of way (Quimen v. Quimen and CA, G.R. No.
obtained (Pathway A) is not the least 112331, May 29, 1996).
prejudicial to Brandos property, as

(Note: It is not clear from the problem if there
evidence by the reports of the geodetic
exists an easement in favor of the lot
and civil engineer.
belonging to Andres and if Brandos lot is
burdened as a servient estate by a right of

When there is already an existing
way as a servient estate. If there is such an
adequate outlet from the dominant
easement burdening Brandos lot, was it
estate to the public highway, even if the
created as legal easement or as a voluntary
said outlet, for one reason or another, be
easement. If the used pathway was only a
inconvenient, the need to open up tolerance, then Brando may close it. Andres
another servitude is entirely unjustified must ask for the constitution of a legal
(Costabella Corporation v. CA, G.R. No. easement through Brandos lot by proving
80511, Jan 25, 1991). The rule that the the four requisites required by Art 649 and
easement of right of way shall be 65, Civil Code).
established at the point least prejudicial
Leroy Satchel Paige
Page 71 of 180
(2) The sale of the property includes the

Easement; Right of Way (2010)
No.XIII. Franz was the owner of Lot E which
was surrounded by four (4) lots one of

which Lot C he also owned. He promised
Ava that if she bought Lot E, he would give

her a right of way in Lot C.
Convinced, Ava bought Lot E and, as

promised, Franz gave her a right of way in
Lot C.
Ava cultivated Lot E and used the right of

way granted by Franz.
Ava later found gainful employment abroad.

On her return after more than 10 years, the
right of way was no longer available to her

because Franz had in the meantime sold
Lot C to Julia who had it fenced.
(A). Does Ava have a right to demand from

Julia the activation of her right of way?
Explain. (2.5%)
SUGGESTED ANSWER:
Yes. Ava has the right to demand from
Julia the activation of the right of way,
for the following reasons:
(1) The easement of the right of way is a
real right which attaches to, and is
inseperable from, the estate to which it
belongs.
ten years of non-user, shall be computed
easement or servitude, even if the deed from the day it ceased to be used under
of sale is silent on the matter. Act 6341 (2) CC.
(5) Renunciation or waiver of an

(3) The vendee of the property in which a
easement must be specific, clear, express
servitude or easement exists cannot
and made in a public instrument in
close or put obstructions thereon to
accordance of Art 1358 of the New Civil
prevent the dominant estate from using
Code.
it.
ALTERNATIVE ANSWER:
(4) Avas working abroad for more than Yes. Ava has the right to demand from
ten (10) years should not be construed as Julia the activation of the right of way. A
non-user, because it cannot be implied voluntary easement of right of way, like
from the fact that she or those she left any other contract, could be
behind to cultivate the lot no longer use extinguished only by mutual agreement
the right of way. or by renunciation of the owner of the
dominant estate. Also, like any other

Note: Since a right of way is a
discontinuous easement, the period of
Leroy Satchel Paige
Page 72 of 180
ALTERNATIVE ANSWER:
contract, an easement is generally

No. There was merely a promise to Ava
effective between parties, their heirs and
that a right of way shall be granted to
assignees, except in case where the
rights and obligations arising from the
contract are not transmissible by their
nature, or by stipulations or by provision
of law (Unisource Commercial v. Chung,
593 SCRA 530 [2009]).
(B). Assuming Ava opts to demand a right of

way from any of the owners of Lots A, B,
and D, can she do that? Explain. (2.5%)
SUGGESTED ANSWER:
Yes. Ava has the option to demand a
right of way on any of the remaining lots
of Franz more so after Franz sold lot C
to Julia. The essential elements of a
legal right of way under Art 649 and 650
of the New Civil Code are complied with.
ALTERNATIVE ANSWER:
Yes. Ava has the option to demand a
right of way from the other lots. The law
provides that whenever a piece of land
acquired by sale, exchange or partition is
surrounded by other estates of the
vendor, exchanger, or co-owner, he shall
be obliged to grant a right of way
without indemnity (Art 652, NCC).

lot which he (Blas) owns. While digging on
the lot in order to lay down the foudation of
her in lot C if Ava purchase lot E. The
the house, Adam hit a very hard object. It
promise was not reduced to writing (Obra
turned out to be the vault of the old Banco
v. Baldria, 529 SCRA 621 [2007]). Hence,
de las Islas Filipinas. Using a detonation
it was not or could not have been
device, Adam was able to open the vault
registered as to warn buyers of lot C
containing old notes and coins which were
about the existence of the easement on in circulation during the Spanish era. While
the property. Not having been annotated the notes and coins are no longer legal
on the TCT to lot C, the buyer acquired tender, they were valued at P100 million
lot C free from such right of way granted because of their historical value and the
to Ava. coins silver nickel content. The following
filed legal claims over the notes and coins:
(i). Adam, as finder;

Hidden Treasure (2008)
(ii). Blas, as owner of the property where
No. VIII. Adam, a building contractor, was they were found;
engaged by Blas to construct a house on a
Leroy Satchel Paige
Page 73 of 180
made on the property of another, or of
(iii). Bank of the Philippine Islands, as the State and by chance, one-half of it
successor-in-interest of the owner of the shall belong to the finder who is not a
vault; and trespasser (Art. 438, Civil Code). In the
(iv). The Philippine Government because of

their historical value.
(A). Who owns the notes and coins? (4%)
SUGGESTED ANSWER:
The notes and coins are no longer owned
by the Bank of the Philippine Islands,
which has either lost or abandoned the
vault and its contents, and it has not
taken any effort to search, locate or
recover the vault. In any case, since the
vault is in actual possession of Adam,
BPI may attempt, in a judicial action to
recover, to rebut the presumption of
ownership in favor of Adam and Blas
(Art. 433, Civil Code). Hidden treasure is
any hidden and unknown deposit of
money, jewelry, or other precious
objects, the lawful ownership of which
does not appear. Given the age and
importance of the items found, it would
be safe to consider the vault, notes and
coins abandoned by BPI and its
predecessor (Art. 439, Civil Code). It
belongs to the owner of the land on
which it is found. When the discovery is

If either or both Adam and Blas are
present case, Adam, as finder, and Blas,
adjudged as owners, the notes and coins
as owner of the land, are entitled to
shall be deemed part of their absolute
share 50-50 in the treasure. The
community or conjugal partnership of
government can only claim if it can
gains with their respective spouses (Art.
establish that the notes and coins are of
117, par 4, FC).
interest to science or the arts, then it
must pay just price of the things found,
to be divided equally between Adam and
Blas (Art. 438, Civil Code). Mortgage; Public or Private Instrument
(2013)
(B). Assuming that either or both Adam and
Blas are adjudged as owners, will the notes No.VI. Lito obtained a loan of P1,000,000
and coins be deemed part of their absolute from Ferdie, payable within one year. To
community or conjugal partnership of gains secure payment, Lito executed a chattel
with their respective spouses? (2%) mortgage on a Toyota Avanza and a real
estate mortgage on a 200-square meter
SUGGESTED ANSWER: piece of property.
Leroy Satchel Paige
Page 74 of 180
It is important to note that under Art.

(A) Would it be legally significant - from the
1358 of the Civil Code, all the other
point of view of validity and enforceability -
contracts where the amount involved
if the loan and the mortgages were in public
or private instruments? (6%)
SUGGESTED ANSWER:
From the point of view of validity and
enforceability, there would be legal
significance if the mortgage was in a
public or private instrument. As for the
loan, there is no legal significance
except of interest were charged on the
loan, in which case, the charging of
interest must be in writing.
A contract of loan is a real contract and
is perfected upon delivery of the object
of the obligation (Art 1934, Civil Code).
Thus, a contract of loan is valid and
enforceable even if it is neither in a
private nor in a public document.
As a rule, contracts shall be obligatory in
whatever form they may have been
entered into provided all the essential
requisites for their validity are present.
With regards to its enforceability, a
contact of loan is not among those
enumerated under Art. 1403 (2) of the
Civil Code, which are covered by the
Statute of Frauds.
order that a mortgage may be validly
exceeds Five Hundred pesos (P500.00) constituted the document in which it
must appear in writing, even in private appears be recorded. If the instrument is
one. However, the requirement is not for not recorded, the mortgage is
validity of the contract, but only for its nevertheless valid and binding between
greater efficacy. the parties. Hence, for validity of both
chattel and real estate mortgages, they

With regard to the chattel mortgage, Art. must appear in a public instrument. But
1508, the Chattel Mortgage Law, requires the purpose of enforceability, it is
an affidavit of good faith stating that the submitted that the form of the contract,
chattel mortgage is supposed to stand as whether in a public or private document,
security of the loan; thus, for the would be immaterial (Mobil Oil v.
validity of the chattel mortgage, it must Diocaresa, 29 SCRA 656, 1969).
be in a public document and recorded in
the Chattel Mortgage Register in the Also, under Art 1358, acts and contracts
Register of Deeds. A real estate which have for their object the creation
mortgage, under the provisions of Art. or transmission of real rights over
2125 of the Civil Code, requires that in immovable property must be in a public
Leroy Satchel Paige
Page 75 of 180
intention to become the owner thereof.
document for greater efficacy and a real Possession, on the other hand, is the
estate mortgage is a real right over holding of the thing or an enjoyment of a
immovable property.
Occupation vs. Possession (2007)
No.I. Distinguish the following concepts:
(A). Occupation v. possession. (5%)
SUGGESTED ANSWER:
Occupation is an original mode of
acquiring ownership (Art. 712, NCC).
Things appropriable by nature which are
without an owner, such as animals that
are the object of hunting and fishing,
hidden treasure and abandoned
movables, are acquired by occupation
(Art. 713, NCC). However, ownership of a
piece of land cannot be acquired by
occupation (Art. 714, NCC).
ALTERNATIVE ANSWER:
Occupation is a mode of acquiring
dominion by the seizure of corporeal
things which have no owner, with the
intention of acquiring the ownership
thereof. It is an original mode of
acquiring ownership upon seizure of a
res nullius by the occupant who has the

right. Possession may be the real right of
possession or jus possessiones or it can
be merely the right to possess or jus
possedendi, which are among the basic
rights of ownership. If the real right of (D). The renunciation by a co-owner of his
possession is possession in the concept undivided share in the co-owned property
of owner, but subject to certain in lieu of the performance of his obligation
limitations, it may ripen into full to contribute to taxes and expenses for the
preservation of the property constitutes
ownership of the thing or property right
dacion en pago. (1%)
through acquisitive prescription
depending on whether it is a case of

SUGGESTED ANSWER:
ordinary or extraordinary prescription True, Under the Civil Code, a co-owner
and whether the property is movable or may renounce his share in the co-owned
immovable. property in lieu of paying for his share in
the taxes and expenses for the
preservation of the co-owned property.

Ownership; Co-Ownership (2009)
Leroy Satchel Paige
Page 76 of 180
(A). Can Cathy lawfully ask for demolition of

In effect, there is dacion en pago
Bobby's house? (3%)
because the co-owner is discharging his
monetary obligation by paying it with his
non-monetary interest in the co-owned
property. The fact that he is giving up
his entire interest simply means that he
is accepting the value of his interest as
equivalent to his share in the taxes and
expenses of preservation.
Ownership; Co-Ownership (2008)
No. VI. Alex died without a will, leaving only
an undeveloped and untitled lot in Tagiug

City. He is survived by his wife and 4
children. His wife told the children that she

is waiving her share in the property, and
allowed Bobby, the eldest son who was

about to get married, to construct his
house on of the lot, without however

obtaining the consent of his siblings. After
settlement of Alex's estate and partition

among the heirs, it was discovered that
Bobby's house was constructed on the

portion allocated to his sister, Cathy asked
Bobby to demolish his house and vacate the

portion alloted to her. In leiu of demolition,
Bobby offered to purchase from Cathy the

lot portion on which his house was
constructed. At that time, the house

constructed was valued at P350.000.
dominion or ownership such as
SUGGESTED ANSWER: construction of a house." In the present
case, of Alex is the real owner of the

Yes, Cathy can lawfully ask for the undeveloped and untitled lot in Taguig,
demolition of Bobby's house. Where co-ownership is created among his wife
there are two or more heirs, the whole and four children over said property
estate of the decedent, is, before upon his death. Since the construction
partition, owned in common by such of the house by Bobby was done without
heirs, subject to the payment of debts of obtaining the consent of his siblings, the
the deceased (Art. 1078, Civil Code), alteration effected is illegal. Bobby is
Under the rules on co-ownership, "none considered to be in bad faith and as a
of the co-owners shall, without the sanction for his conduct, he can be
consent of the others make alterations compelled by Cathy to demolish or
in the thing owned in common, even remove the structure at his own
though benefits for all would results expense.
therefrom." In Cruz v. Catapang, G.R. No.
164110, 12 Feb., 2008, the Court held (B). Can Bobby legally insist on purchasing
that "alterations include any act of strict the land? (2%)
Leroy Satchel Paige
Page 77 of 180
that "docks and structures which,
SUGGESTED ANSWER: though floating, are intended by their
No. Bobby cannot legally insist on
purchasing the land. Being in bad faith,
he has no option to pay for the price of
the lot (Art. 450, Civil Code).
Property; Movable or Immovable (2007)
No.II. Manila Petroleum Co. owned and
operated a petroleum operation facility off

the coast of Manila. The facility was located
on a floating platform made of wood and

metal, upon which was permanently
attached the heavy equipment for the

petroleum operations and living quarters of
the crew. The floating platform likewise

contained a garden area, where trees,
plants and flowers were planted. The

platform was tethered to a ship, the MV
101, which was anchored to the seabed.
Please briefly give the reason for your

answers. (10%)
(A).Is the platform movable or immovable

property?
SUGGESTED ANSWER:
The platform is an immovable property
under Art. 415 (9) NCC, which provides

hence, it remains a movable property. If
nature and object to remain at a fixed the intention was to make the platform
place on a river, lake or coast." Since the stay permanent where it was moored, it
floating platform is a petroleum would not have been simply tethered to a
operation facility, it is intended to vessel but itself anchored to the seabed.
remain permanently where it is situated,

(B). Are the equipment and living quarters
even if it is tethered to a ship which is
movable or immovable property?
anchored to the seabed.
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
The thing and living quarters of the crew
The platform is a movable property
are immovable property under Art. 415
because it is attached to a movable
(3) NCC, classifies as an immovable
property, i.e. the vessel which was
"everything attached to an immovable in
merely anchored to the seabed. The fact
a fixed manner, in such a way that it
that the vessel is merely anchored to the
cannot be separated therefrom without
sea bed only shows that it is not
breaking the material or deterioration of
intended to remain at a fixed place;
Leroy Satchel Paige
Page 78 of 180
(C). Are the trees, plants and flowers

immovable or movable property?
the object." Both the equipment and the
living quarters are permanently attached

SUGGESTED ANSWER:
to the platform which is also an
immovable. The equipment can also be
classified as an immovable property
under Art. 415 (5) NCC because such
equipment are "machinery, receptacles,
instruments or implements intended by
the owner of the tenement for an
industry or works which may be carried
on in a building or on a piece of land and
which tend directly to meet the needs of
the industry or works." It is logically
assumed that the petroleum industry
may be carried on in a building or on a
piece of land and the platform is
analogous to a building.
ALTERNATIVE ANSWER:
The equipment and living quarters of the
crew are movable properties since they
are attached to a platform which is also
a movable property, because it is simply
attached to a vessel is likewise a
movable property since it was merely
anchored on the seabed only shows that
it is not intended to remain at a fixed
place; hence, it remains a movable
property.
immovable. The platform is not an
The trees, plants and flowers planted in immovable property for the same reason
the garden area of the platform are already given in the Alternative Answer
immovable property under Art. 415 (2) to Item (a) above.
NCC which classifies as an immovable

Land Titles and Deeds
property "trees, plants and growing
fruits, while they are attached to the

Acquisition of Lands; Sale of Real
land or form an integral part of an
Property to an Alien (2009)
immovable, the petroleum operation
facility. No.XIX. In 1972, Luciano de la Cruz sold to
Chua Chung Chun, a Chinese citizen, a

ALTERNATIVE ANSWER: parcel of land in Binondo. Chua died in
1990, leaving behind his wife and three

The trees, plants and flowers planted in
children, one of whom, Julian, is a
the garden area of the platform are
naturalized Filipino citizen. Six years after
movable property because they are not
Chuas death, the heirs executed an
permanently attached t the land and do extrajudicial settlement of estate, and the
not form an integral part of an parcel of land was allocated to Julian. In
Leroy Satchel Paige
Page 79 of 180
2007, Luciano filed suit to recover the land Non-Registrable Properties (2007)
he sold to Chua, alleging that the sale was
No.IV. (B). What properties are not
void because it contravened the
registrable? (5%)
Constitution which prohibits the sale of
private lands to aliens. Julian moved to
Supply this information.
dismiss the suit on grounds of pari delicto,
laches and acquisitive prescription. Decide SUGGESTED ANSWER:

the case with reasons. (4%)
The following properties are not
SUGGESTED ANSWER: registrable:
The case must be dismissed. Julian, who (1.) Properties of the Public dominion;
is a naturialized Filipino citizen and to
whom the property was allocated in a n (2.) Properties for public use or public
extra-judicial partition of the estate, is service;
now the owner of the property. The

(3.) Inalienable lands of the public
defect in ownership of the property of
domain;
Julians alien father has already been
cured by its transfer to Julian. It has (4.) Military installations, civil and quasi-
been validated by the transfer of the public lands; and
property to a Filipino citizen. Hence,

(5.) All lands not classified as alienable
there is no more violation of the
and disposable.
Constitution because the subject real
property is now owned by a Filipino

ALTERNATIVE ANSWER:
citizen (Halili v. CA, 287 SCRA 465,
[1998]). Further, after the lapse of 35 (1). Properties of public dominium
year, laches has set in and the motion to intended for public use, like roads,
dismiss may be granted, for the failure of canals, rivers, torrents, ports and
Luciano to question the ownership of bridges constructed by the State, banks,
Chua before its transfer of ownership to shores, roadsteads, and the like, are
Julian. incapable of private appropriation, much
less registration (Art. 420 NCC). This

includes public markets, public plazas,
municipal streets and public buildings
Leroy Satchel Paige
Page 80 of 180
to the public domain, and can only be
(Municipality of Antipolo v. Zapanta, 133 acquired by lease if not needed by the
SCRA 820, 1986; Martinez v. CA, 56 government for public or quasi-public
SCRA 647, 1974; Navera v. Quicho, 5 purposes.
SCRA 454, 1962).
(2.) Lands proclaimed or classified as
forest, timberlands, mineral lands and
national parks. Under Sec 2, Art XII,
Constitution of the Philippines, these
lands are inalienable.
(3.) Lands that are reserved by law or
Presidential proclamation for military,
civic or quasi-public purpose, Under Sec
88, Chapter XII of the Public Land Act,
such lands shall be inalienable and shall
not be subject to occupation, entry, sale,
lease or other disposition.
(4.) In general, all lands of the public
domain that has not been classified as
alienable and disposable under the Public
Land Act.
(5.) Lands that form part of the seabed,
riverbed or lakebed. These lands are not
susceptible to private appropriation.
(6.) Foreshore lands is that strip of land
that lies between the high and low water
marks and alternately wet and dry
according to the flow of the tide belong

on the property. Anthony is not aware of the
defect in Bert's title, but has been in actual
(7.) Lands reclaimed by the government
physical possession of the property from
from the sea, lakes, or other bodies of
the time he bought it from Bert, who had
water are disposed or acquisible only by
never been in possession of the property for
lease and not otherwise, under the
one year.
Public Land Act.
(A). Can Anthony acquire ownership of the
property by acquisitive prescription? How

many more years does he have possess it to
Prescription; Acquisitive Prescription
acquire ownership? (2%)
(2008)
SUGGESTED ANSWER:
No. VII. Anthony bought a piece of untitled
agricultural land from Bert. Bert, in turn,
Yes, Anthony can acquire ownership of
acquired the property by forging carlo's
the property through acquisitive
signature in a deed of sale over the
prescription. In the present case,
property. Carlo had been in possession of
Anthony is a buyer/possessor in good
the property for 8 years, declared it for tax
purposes, and religiously paid all taxes due
Leroy Satchel Paige
Page 81 of 180
Yes, Carlos can appropriate only a
faith because he was not aware of the portion of the standing crops on the
defect in Bert's title (Art. 526, Civil property once he recovers possession.
Code). As such, Anthony can acquire Anthony being a possessor in good faith,
ownership and other real rights over
immovable property through open,
continuous possession of 10 years (Art.
1134, Civil Code). Anthony needs nine
(9) more years of possession, in addition
to his one (1) year of possession in good
faith.
(B).If Carlo is able to legally recover his
property, can he require Anthony to

account for all the fruits he has harvested
from the property while in possession? (2%)
SUGGESTED ANSWER:
If Carlo is able to legally recover his
property, he cannot require Anthony to
account for all the fruits harvested from
the property. Anthony is entitled to the
fruits harvested in good faith before his
possession was legally interrupted (Art.
544, Civil Code).
(C).If there are standing crops on the

property when Carlo recovers possession,
can Carlo appropriate them? (2%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
shall have a right to a part of the Yes, it prescribes in five (5) years. If the
expenses of cultivation, and to a part of real property mortgaged is judicially
the net harvest of the standing crops, foreclosed, the action for judicial
both in proportion to the time of the foreclosure should be filed within a
possession (Art 545, Civil Code). period of ten (10) years. The request for
issuance of a writ of possession should
be filed upon motion of the winning

Prescription; Judicially Foreclosed Real bidder within five (5) years after the
Property Mortgage (2012) judgment of foreclosure. The writ of
possession is an order commanding the

No.IX.a) Does the right to request for the
sheriff to place a person named therein
issuance of a writ of possession over a
foreclosed real property prescribe in five (5) in possession of real property (BPI v.
years? (5%) Icot. G.R. No. 168081, Oct 12, 2009).
Leroy Satchel Paige
Page 82 of 180
Bank registered the Sheriff's Deed of

Conveyance in the day book of the Register
Purchaser in Good Faith; Mortgaged
Property (2008)
No. XIX. Juliet offered to sell her house and
lot, together with all the furniture and

appliances therein to Dehlma. Before
agreeing to purchase the property, Dehlma

went to the Register of Deeds to verify
Juliet's title. She discovered that while the

property was registered in Juliet's name
under the Land Registration Act, as
amended by the Property Registration
Decree, it property, Dehlma told Juliet to

redeem the property from Elaine, and gave
her an advance payment to be used for

purposes of realesing the mortgage on the
property. When the mortgage was released,

Juliet executed a Deed of Absolute Sale over
the property which was duly registered with

the Registry of Deeds, and a new TCT was
issued in Dehlma's name. Dehlma

immediately took possession over the house
and lot and the movables therein.

Thereafter, Dehlma went to theAssessor's
Office to get a new tax declaration under

her name. She was surprised to find out
that the property was already declared for

tax purposes in the name of XYZ Bank
which had foreclosed the mortgage on the

property before it was sold to her. XYZ Bank
was also the purchaser in the foreclosure

sale of the property. At that time, the
property was still unregistered but XYZ

bought the property. Thus, Dehlma is a
of Deeds under Act. 3344 and obtained a purchaser in good faith (Mathay v. CA,
tax declaration in its name. G.R. No. 115788, 17 Sept, 1998).
(A). Was Dehlma a purchaser in good faith? (B). Who as between Dehlma and XYZ Bank
(2%) has a better right to the house and lot? (2%)
SUGGESTED ANSWER: SUGGESTED ANSWER:
Yes, Dehlma is a purchaser in good faith. Between Dehlma and XYZ Bank, Dehlma
In the present case, before Dehlma has a better right to the house and lot.
bought the property, she went to the After the release of the mortgage, the
Register of Deeds to verify Juliet's title. Deed of Absolute Sale was registered and
When she discovered that the property a new title was issued in Dehlma's name.
was mortgaged to Elaine, she gave an Act 3344 is applicable exclusively to
advance payment so that Juliet could instruments resulting from agreement of
release the mortgage. It was only after parties thereto and does not apply to
the mortgage was released and free from deeds of a sheriff conveying to a
the claims of other persons that Dehlma
Leroy Satchel Paige
Page 83 of 180
manual containing a summary of the

pertinent laws and regulations relating to
purchaser unregistered lands sold to him
under execution (Williams v. Suer, 49
Phil. ,534).
(C). Who owns the movables inside the

house? (2%)
SUGGESTED ANSWER:
Dehlma owns the movables because
when she acquired the house and lot
from Juliet, all the furniture and
appliances therein were included in the
sale. As owner of the real property,
Dehlma also owns the movables found
therein (Art. 542, Civil Code).
Registration; Governing Law (2007)
No.IV. Bedrock Land & Property
Development Corp. is a development

company engaged in developing and selling
subdivisions, condominium units and

industrial estates. In order to replenish its
inventories, it embarked on an aggressive

land banking program. It employed "scouts"
who roam all over the Philippines to look for

and conduct investigations on prospective
sites for acquisition and development,

whether developed, semi-developed or raw
land. The management of Bedrock asks you

as the company counsel to prepare a
ALTERNATIVE ANSWER:
land registration and acquisition of title to
land. The manual should include the In general, the governing law relating to
following items:
registration and acquisition of title to
land is Act 496 of 1902 as amended by

(A). What is the governing law? (5%)
PD 1529, otherwise known as Property
SUGGESTED ANSWER: Registration Decree of June 11, 1978.
The governing law is the Land (1.) Chapter III-I governs original
Registration Act as amended by Property registration of land title under the
Registration Decree (Act 496 as amended Torrens System by voluntary ordinary
by PD 1529). judicial proceedings.
[Note: It is respectfully recommended (2.) Chapter II-II governs compulsory

that full credit be given to examinees registration of lands through cadastral
who did not give the exact title or proceedings.
number of the law but merely stated a
description of the law.]
Leroy Satchel Paige
Page 84 of 180
(b) Amendment and alteration of

(3.) Section 103 governs registration of
certificate of title;
homestead, sales, free patent under CA
No. 141, as amended, otherwise known
as the Public Land Act.
(4.) Section 104 governs registration of
certificates of land transfers,
emancipation patents and Certificates of
Land Ownership Award (CLOA) under
Comprehensive Land Reform Law.
(5.) Chapter V governs the registration of
land dealings on registered land like
conveyances, transfers, mortgages,
leases, powers of attorney, trusts and
similar contracts inter vivos.
(6.) Chapter V-II governs the registration
of involuntary dealings on registered
land like attachments, adverse claims,
enforcement of liens on registered land,
notices of lis pendens. (7.) Chapter VI
governs the registration of judgments,
orders and partitions, condemnation in
eminent domain proceedings, judicial
and extra-judicial settlement of estates.
(8.) Sections 107, 108 and 109 govern
petitions and actions after original
registration like: (a).Compulsory
surrender of withheld owner's duplicate
certificate of title;
register a deed or when he is in doubt as
(c) Replacement of lost or destroyed to what action to take on an instrument
owner's duplicate certificate of title. presented for registration.
(9.) R.A. No. 26 governs judicial
reconstitution of lost or destroyed

Registration; Party Who First took
originals of the certificate of title.
Possession (2013)
(10.) R.A. No. 6732 governs No.IX.Rica petitioned for the annulment of
administrative reconstitution of lost or her ten-year old marriage to Richard.
destroyed original certificates of title. Richard hired Atty. Cruz to represent him in
the proceedings. In payment for Atty. Cruz's
(11.) Section 113 governs the acceptance and legal fees, Richard conveyed
registration of instruments affecting to Atty. Cruz a parcel of land in Taguig that
unregistered private lands. he recently purchased with his lotto
winnings. The transfer documents were
(12.) Section 117 governs "consultas,"
duly signed and Atty. Cruz
where the Register of Deeds refuses to
Leroy Satchel Paige
Page 85 of 180
urged that the land itself is not the
immediately took possession by fencing off object of the litigation, the annulment of
the property's entire perimeter. marriage, if granted, will carry with it
Desperately needing money to pay for his

mounting legal fees and his other needs
and despite the transfer to Atty. Cruz,

Richard offered the same parcel of land for
sale to the spouses Garcia. After inspection

of the land, the spouses considered it a
good investment and purchased it from

Richard. Immediately after the sale, the
spouses Garcia commenced the

construction of a three-story building over
the land, but they were prevented from

doing this by Atty. Cruz who claimed he has
a better right in light of the prior

conveyance in his favor.
Is Atty. Cruz's claim correct? (8%)
SUGGESTED ANSWER:
No. Atty. Cruz is not correct. At first
glance, it may appear that Atty. Cruz is
the one who has the better right because
he first took possession of the property.
However, a lawyer is prohibited under
Art 1491 of the Civil Code from
acquiring the property and rights which
may be the object of any litigation in
which they may take part by virtue of
their profession. While the suit is for
annulment of marriage and it may be

property of the community or the
the liquidation of the absolute conjugal property without the consent of
community or conjugal partnership of the other spouse is void (Art 96 and Art
the spouses as the case may be (Art. 50 124, Family Code).
in relation to Art 43 of the Family Code).
Richard purchased the land with his
lotto winnings during the pendency of Registration; Requisites; Proof (2013)
the suit for annulment and on the

No.X. Manuel was born on 12 March 1940
assumption that the parties are
in a 1 000-square meter property where he
governed by the regime of absolute
grew up helping his father, Michael,
community or conjugal partnership,
cultivate the land. Michael has lived on the
winnings from gambling or betting will property since the land was opened for
form part thereof. Also, since the land is settlement at about the time of the
part of the absolute community or Commonwealth government in 1935, but
conjugal partnership of Richard and for some reason never secured any title to
Rica, it may not be sold or alienated the property other than a tax declaration in
his name. He has held the property through

without the consent of the latter and
any disposition or encumbrance of the
Leroy Satchel Paige
Page 86 of 180
has been in open, continuous and
the years in the concept of an owner and notorious possession and occupation
his stay was uncontested by others. He has thereof under bona fide claim of
also conscientiously and continuously paid
the realty taxes on the land.
Michael died in 2000 and Manuel - as

Michaels only son and heir -now wants to
secure and register title to the land in his

own name. He consults you for legal advice
as he wants to perfect his title to the land

and secure its registration in his name.
(A) What are the laws that you need to

consider in advising Manuel on how he can
perfect his title and register the land in his

name? Explain the relevance of these laws
to your projected course of action. (4%)
SUGGESTED ANSWER:
(Note: With all due respect, it is
recommended that the examiner accept and
give full credit to any of the answers given in
each of the following paragraphs.)
I would advice Manuel to file an
application for registration under Sec 14
of Pres. Decree No. 1529, or the Property
Registration Decree (PRD), specifically
Sec14 (1) which requires (a) that the land
applied for forms part of the alienable
and disposable (A & D) portion of the
public domain, and (b) that the applicant

Manuel could also file an application for
ownership since June 12, 1945, or
confirmation of imperfect or incomplete
earlier. However, it is only necessary
title through judicial legalization
that the land is already declared A & D
under Sec. 48 (b) of CA no. 141, or the
land at the time for application for
Public Land Act (PLA). But, as held in
registration is filed (Malabanan v.
Malabanan, there is no substantial
Republic, G.R. No. 180067, June 30,
difference between this provision and
2009).
Sec 14 (1) of the PRD. Both refer to
agricultural lands already classified as

Manuel could also invoke Sec 14 (2) of
alienable and disposable at the time the
the same Decree, which allows
application is filed, and require
registration through ordinary acquisitive
possession and occupation since June
prescription for thirty years, provided,
12, 1945. The only difference is that
however, that the land is patrimonial
under the PRD, there already exists a
in character, i.e. already declared by the
title which is to be confirmed, whereas
government (a) as A & D, and (b) no
under the PLA, the presumption is that
longer needed for public use or public
land is still public land (Republic v.
service (Malabanan, supra).
Leroy Satchel Paige
Page 87 of 180
(B) What do you have to prove to secure

Manuel's objectives and what
Aquino, G.R. No. L-33983, January 27,
documentation are necessary? (4%)
1983).
SUGGESTED ANSWER:
Manuel may also invoke vested rights
acquired under Rep. Act. No. 1942, dated
June 2, 1957, which amended Sec. 48 (b)
of the PLA by providing for a prescriptive
period of thirty years for judicial
confirmation of imperfect title. It must
only be demonstrated that possession
and occupation commenced on January
24, 1947 and the 30-year period was
completed prior to the effectivity of PD
No. 1073 on January 25, 1977. PD No.
1073 now requires possession and
occupation since June 12, 1945
(Republic v. Espinosa, G.R. No. 171514,
July 18, 2012).
Another alternative is for Manuel to
secure title through administrative
proceedings under the homestead or free
patent provisions of the PLA. The title
issued has the same efficacy and validity
as a title issued through judicial
proceedings, but with the limitations
that the land cannot be sold or disposed
of within five years from the issuance of
patent (Sec. 118, CA No. 141, as
amended).
valuable improvements like fencing the
Manuel has a the burden to overcome land, constructing a residential house
the presumption of State ownership by thereon, cultivating the land and
well-nigh incontrovertible evidence planting fruit bearing trees, declaring
(Ong v. Republic, G.R. No. 175746, the land for taxation purposes and
March 12, 2008). Accordingly, he must paying realty taxes, all of which are
show that ht eland is already classified corroborative proof of possession.
as A & D at the time the application for

To identify the land, he must submit the
registration is filed and that he has
tracing cloth plan or a duly-certified
been in possession and occupation
blueprint or whiteprint copy thereof
thereof in the manner required by law
(Director of Lands v. Reyes, G.R. No. L-
since June 12, 1945, or earlier.
27594, November 28, 1975; Director of
Manuel may tack his possession to that Lands v. CA and Iglesia ni Cristo, G.R.
of his predecessor-in-interest (Michael) No. L-56613, March 14, 1988).
by the testimony of disinterested and

To show the classification of the land as
knowledgeable eyewitnesses. Overt acts
A & D, the application must be
of possession may consist in introducing
accompanied by (1) a CENRO or PENRO
Leroy Satchel Paige
Page 88 of 180
SUGGESTED ANSWER:
certification; and (2) a certified true
copy of the original classification
approved by the DENR Secretary
(Republic v. Bantigue, G.R.No. 162322,
March 14, 2012). A presidential or
legislative act may also be considered.
Remedies; Fraud; Rights of Innocent
Purchaser (2009)
No.IX. Before migrating to Canada in 1992,

the spouses Teodoro and Anita entrusted
all their legal papers and documents to

their nephew, Atty. Tan. Taking advantage
of the situation, Atty. Tan forged a deed of

sale, making it appear that he had bought
the couples property in Quezon City. In
2000, he succeeded in obtaining a TCT over

the property in his name. Subsequently,
Atty. Tan sold the same property to Luis,

who built an auto repair shop on the
property. In 2004, Luis registered the deed

of conveyance, and title over the property
was transferred in his name.
In 2006, the spouses Teodoro and Anita

came to the Philippines for a visit and
discovered what had happened to their

property. They immediately hire you as
lawyer. What action or actions will you

institute in order to vindicate their rights?
Explain fully. (4%)

(c). A criminal action for forgery or
falsification of public document;
I will institute the following actions
against Atty. Tan: (d). A complaint with the Supreme
Court/Integrated Bar of the Philippines
(a). A civil action for damage for the to disbar or suspend him or other
fraudulent transfer of the title in his disciplinary action for violation or the
name and to recover the value of the Code of Professional Ethics.
property;
Any action against Luis will not prosper
(b). An action against the National because he is an innocent purchaser for
Treasurer for compensation from the value. The Title to the land he bought
State Assurance Fund which is set aside was already in the name of the person
by law to pay those who lose their land who sold the property to him, and there
suffer damages as a consequence of the is nothing on the title which will make
operation of the Torrens system; him suspect about the fraud committed
by Atty. Tan.
Leroy Satchel Paige
Page 89 of 180
Contracts Rescission of Contract; Fortuitous Event
(2008)
Contract to Sell vs. Conditional Contract

No.XVIII. AB Corp. entered into a contract
of Sale (2012)
with XY Corp. whereby the former agreed to
No.X.a) A contract to sell is the same as a construct the research and laboratory
conditional contract of sale. Do you agree? facilities of the latter. Under the terms of
Explain your answer. (5%) the contract, AB Corp. agreed to complete
the facility in 18 months, at the total

SUGGESTED ANSWER: contract price of P10 million. XY Corp. paid
50% of the total contract price, the balance

No. A contract to sell is a species of
to be paid upon completion of the work. The
conditional sale. The contract to sell
work stated immediately, but AB Corp. later
does not sell a thing or property; it sells
experienced work slippage because of labor
the right to buy property. A conditional
unrest in his company. AB Corp.'s
sale is a sale subject to the happening or employees claimed that they are not being
performance of a condition, such as paid on time; hence, the work slowdown. As
payment of the full purchase price, or of the 17th month, work was only 45%
the performance of other prestation to completed. AB Corp. asked for extension of
give, to do or not to do. Compliance with time, claiming that its labor problems is a
case of fortuitous event, but this was

the condition automatically gives the
denied by XY Corp. When it became certain
right to the vendee to demand the
that the contruction could not be finished
delivery of the object of the sale. In a
on time, XY Corp. sent written notice
contract to sell, however, the compliance
cancelling the contract, and requiring AB
with the condition does not
Corp. to immediately vacate the premises.
automatically sell the property to the
vendee. It merely gives the vendee the (A). Can the labor unrest be considered a
right to compel the vendor to execute fortuitous event? (1%)
the deed of absolute sale.

SUGGESTED ANSWER:
No. The labor unrest cannot be
considered a fortuitous event under Art.

1174 of the Civil Code. A fortuitous
event should occur independent of the
Leroy Satchel Paige
Page 90 of 180

will of the debtor or without his
participation or aggravation (Paras, Civil
Code Annotated, vol. IV, 2000 ed., p
159). As mentioned in the facts, labor
unrest of the employees was caused by
AB Corp.'s failure to pay its employees
on time.
(B). Can XY Corp. unilaterrally and

immediately cancel the contract? (2%)
SUGGESTED ANSWER:
No, XY Corp. cannot unilaterally and
immediately cancel the contract. In the
absence of any stipulation for automatic
rescission, rescission must be judicial
(C). Must AB Corp. return the 50%

downpayment? (2%)
SUGGESTED ANSWER:
AB Corp. need not return the 50% down
payment because 45% of the work was
already completed, otherwise, XY Corp.
would be unjustly enriching itself at the
expense of AB Corp.
Stipulation; Arbitration Clause (2009)

No.XV. Sarah had a deposit in a savings
account with Filipino Universal Bank in the
amount of five million pesos
(P5,000,000.00). To buy a new car, she
(A). A clause in an arbitration contract obtained a loan from the same bank in the
granting one of the parties the power to amount of P1,200,000.00, payable in twelve
choose more arbitrators than the other monthly installments. Sarah issued in favor
renders the arbitration contract void. (1%) of the bank post-dated checks, each in the
amount of P100,000.00, to cover the twelve

SUGGESTED ANSWER: monthly installment payments. On the
True. The Civil Code provides that Any third, fourth and fifth months, the
clause giving one of the parties power to corresponding checks bounced.
choose more arbitrators than the other
The bank then declared the whole
is void and of no effect (Art 2045, NCC).
obligation due, and proceeded to deduct the
Obligations amount of one million pesos
(P1,000,000.00) from Sarahs deposit after

Extinguishment; Compensation (2009)
notice to her that this is a form of
Leroy Satchel Paige
Page 91 of 180
compensation allowed by law. Is the bank Extinguishment; Compensation (2008)

correct? Explain. (4%)
No. XV. Eduardo was granted a loan by XYZ
SUGGESTED ANSWER: Bank for the purpose of improving a
No, the bank is not correct. While the building which XYZ leased from him.
Bank is correct about the applicability of Eduardo, executed the promissory note
compensation, it was not correct as to ("PN") in favor of the bank, with his friend
Recardo as co-signatory. In the PN, they

the amount compensated.
both acknowledged that they are
A bank deposit is a contract of loan, "individually and collectively" liable and
where the depositor is the creditor and waived the need for prior demand. To
secure the PN, Recardo executed a real

the bank the debtor. Since Sarah is also
estate mortgage on his own property. When
the debtor of the bank with respect to
Eduardo defaulted on the PN, XYZ stopped
the loan, both are mutually principal
payment of rentals on the building on the
debtors and creditors of each other. Both
ground that legal compensation had set in.
obligation are due, demandable and
Since there was still a balance due on the
liquidated but only up to the extent of PN after applying the rentals, XYZ
P300,000.00 (covering the unpaid third, foreclosed the real estate mortgage over
fourth and fifth monthly installments). Recardo's property. Recardo opposed the
The entire one million was not yet due foreclosure on the ground that he is only a
because the loan has no acceleration co-signatory; that no demand was made
clause in case of default. And since there upon him for payment, and assuming he is
liable, his liability should not go beyond

is no retention or controversy
half the balance of the loan. Further,
commenced by third person and
Recardo said that when the bank invoked
communicated in due time to the debtor,
compensation between the reantals and the
then all the requisites of legal
amount of the loan, it amounted to a new
compensation are present but only up to
contract or novation, and had the effect of
the amount of P300,000.00. The bank, extinguishing the security since he did not
therefore, may deduct P300,000.00 from give his consent (as owner of the property
Sarahs bank deposit by way of under the real estate mortgage) thereto.
compensation.
(A). Can XYZ Bank validly assert legal
compensation? (2%)
Leroy Satchel Paige
Page 92 of 180

SUGGESTED ANSWER:
Yes, XYZ Bank can validly assert legal
compensation. In the present case, all of
the elements of legal compensation are
present: (1) XYZ Bank is the creditor of
Eduardo while Eduardo is the lessor of
XYZ Bank; (2) both debts consist in a
sum of money, or if the things due are
consumable, they be of the same kind,
and also of the same quality if the latter
has been stated; (3) the two debts be
due; (4) they be liquidated and
demandable, and (5) over neither of them
there be any retention or controversy,
commenced by third persons and
communicated in due time to the debtor
Extinguishment; Novation (2008)

Bank for the purpose of improving a
building which XYZ leased from him.

Eduardo, executed the promissory note
("PN") in favor of the bank, with his friend


"individually and collectively" liable and
waived the need for prior demand. To

(C). Does Recardo have basis under the
Civil Code for claiming that the original
contract was novated? (2%)
PN after applying the rentals, XYZ
foreclosed the real estate mortgage over SUGGESTED ANSWER:

Recardo's property. Recardo opposed the
foreclosure on the ground that he is only a No. Recardo has no basis for claiming
co-signatory; that no demand was made novation of the original contract when
upon him for payment, and assuming he is the bank invoked compensation because
liable, his liability should not go beyond there was simply partial compensation
(Art. 1290, Civil Code) and this would
not bar the bank from recovering the
remaining balance of the obligation.
contract or novation, and had the effect of ALTERNATIVE ANSWER:

extinguishing the security since he did not
give his consent (as owner of the property No. In order that an obligation may be
under the real estate mortgage) thereto. extinguished by another, it is imperative
Leroy Satchel Paige
Page 93 of 180
debt is not a valid tender of payment and
that it be so declared in unequivocal may be refused receipt by the oblige
terms, or that the old and new
obligations be on every point compatible
with each other. Novation is never
presumed (Art. 1292, Civil Code).
Extinguishment; Payment of Check
(2013)
No.VI. Lito obtained a loan of P1,000,000

from Ferdie, payable within one year. To
secure payment, Lito executed a chattel

mortgage on a Toyota Avanza and a real
estate mortgage on a 200-square meter

piece of property.
(B) Lito's failure to pay led to the extra-

judicial foreclosure of the mortgaged real
property. Within a year from foreclosure,

Lito tendered a manager's check to Ferdie to
redeem the property. Ferdie refused to

accept payment on the ground that he
wanted payment in cash: the check does

not qualify as legal tender and does not
include the interest payment. Is Ferdie's

refusal justified? (4%)
SUGGESTED ANSWER:
A check, whether a managers check or
an ordinary check is not legal tender,
and an offer of a check in payment of a

is sufficient to compel redemption but is
or creditors (Philippine Airlines v. CA not in itself a payment that relieves the
and Amelia Tan, G.R. No. L-49188, redemptioner from his liability to pay
1990). Mere delivery of checks does not the redemption price (Biana v. Gimenez,
discharge the obligation under a G.R. No. 132768, Sept 9, 2005, citing
judgment. A check shall produce the Fortunado v. CA).
effect of payment only when they have

Redemption within the period allowed by
been cashed or where through the fault
law is not a matter of intent but a
of the creditor they have been impaired
question of payment or valid tender of
(Art 1249, Civil Code).
full redemption prices within the said
However, it is not necessary that the period. Whether redemption is being
right of redemption be exercised by made under Art. 3135 or under the
delivery of legal tender. A check may be General Banking Law, the mortgagor or
used for the exercise of right of his assignee is required to tender
redemption, the same being a right and payment to make said redemption valid
not an obligation. The tender of a check (Heirs of Quisumbing v. PNB and SLDC,
G.R. No. 178242, Jan 20, 2009).
Leroy Satchel Paige
Page 94 of 180
had become stale. Gustavo now wants

Felipe to pay him in cash the amount of
Moreover, Ferdies refusal was justified
P5,600. Claiming that the previous
on the ground that the amount tendered
payment was not in legal tender, and that
does not include interest. In order to
effect the redemption of the foreclosed
property, the payment to the purchaser
must include the following sums: (a) the
bid price; (b) the interest on the bid
price, computed at one per centum (1%)
per month; and (c) the assessments and
taxes, if any, paid by the purchaser with
the same rate of interest (Sec 28, 1997
Rules of Civil Procedure). Unless there is
an express stipulation to that effect, the
creditor cannot be compelled to receive
partial payment of the prestation (Art.
1248, Civil Code).
Extinguishment; Payment of Check;
Legal Tender (2008)
No. XVII. Felipe borrowed $100 from

Gustavo in 1998, when the Phil P - US$
exchange rate was P56 - US$1. On March

1, 2008, Felipe tendered to Gustavo a
cashier's check in the amount of P4,135 in

payment of his US$ 100 debt, based on the
Phil P - US$ exchange rat at that time.

Gustavo accepted the check, but forgot to
deposit it until Sept. 12, 2008. His bank

refused to accepted the check because it
check became stale. He is now estopped
there has been extraordinary deflation from raising the issue that a cashier's
since 1998, and therefore, Felipe should check is not legal tender.
pay him the value of the debt at the time it

(B). Can Felipe validly refuse to pay Gustavo
was incurred. Felipe refused to pay him
again? (2%)
again, claiming that Gustavo is estopped
from raising the issue of legal tender,

SUGGESTED ANSWER:
having accepted the check in March, and
that it was Gustavo's negligence in not Yes, Felipe can refuse to pay Gustavo,
depositing the check immediately that who allowed the check to become stale.
caused the check to become stale.
Although a check is not legal tender
(Belisario v. Natividad. 60 Phil 156),

(A). Can Gustavo now raised the issue that
the cashier's check is not legal tender? (2%) there are instances when a check
produces the effects of payment, for

SUGGESTED ANSWER: example: (a) when the creditor is in
estoppel or he had previously promised

No. Gustavo previously accepted a check
he would accept a check (Paras, Civil
as payment. It was his fault why the
Leroy Satchel Paige
Page 95 of 180

"individually and collectively" liable and
Code Annotated, Vol IV, 2000 ed., p.
waived the need for prior demand. To
394); (b) when the check has lost its
value because of the fault of the creditor
(Art. 1249, 2nd par.),as when he was
unreasonably delayed in presenting the
check for payment (PNB v. Seeto, G.R.
No, L-4388, 13 August 1952).
(C). Can Felipe compel Gustavo to receive

US$100 instead? (1%)
SUGGESTED ANSWER:
Felipe cannot compel Gustavo to receive
US$100 because under RA 529, payment
of loans should be at Philippine currency
at the rate of exchange prevailing at the
time of the stipulated date of payment.
Felipe could only compel Gustavo to
receive US$ 100 if they stipulated that
obligation be paid in foreign currency
(R.A. 4100).
Liability; Solidary Liability (2008)

Bank for the purpose of improving a
building which XYZ leased from him.

Eduardo, executed the promissory note
("PN") in favor of the bank, with his friend

contract or novation, and had the effect of
extinguishing the security since he did not
give his consent (as owner of the property
under the real estate mortgage) thereto.

(B). Can Recardo's property be foreclosed to
pay the full balance of the loan? (2%)
PN after applying the rentals, XYZ SUGGESTED ANSWER:
foreclosed the real estate mortgage over
Recardo's property. Recardo opposed the Yes, Recardo's property can be foreclosed
foreclosure on the ground that he is only a to pay the full balance of the loan
co-signatory; that no demand was made because when he signed as co-signatory

upon him for payment, and assuming he is in the promissory note, he acknowledged
liable, his liability should not go beyond he is solidarily liable with Eduardo. In
solidary obligations, a creditor has the
right to demand full payment of the
obligation from any of
Leroy Satchel Paige
Page 96 of 180
takes charge of the agency or
the solidary debtors (Art. 1207, Civil management of the business or property
Code). of another without any power from the
Obligations; Without Agreement (2007)
No.V. What are obligations without an
agreement"? Give five examples of

situations giving rise to this type of
obligations? (10%)
SUGGESTED ANSWER:
"Obligations without an agreement" are
obligations that do not arise from
contract such as those arising from: 1.
delicts; 2. quasi-delicts; 3. solutio
indebiti; 4. negotiorum gestio; and 5. all
other obligations arising from law.
ALTERNATIVE ANSWER:
"Obligations without an agreement" refer
to the juridical relation of quasi-contract
which arise from certain lawful,
voluntary and unilateral acts to the end
that no one shall be unjustly enriched or
benefited at the expense of another. (Art.
2142, NCC)
First Example of an obligation without
an agreement is a case of negotiorum
gestio, whereby one who voluntarily

support, it is given by a stranger, the
latter, is obliged to continue the same latter shall have a right to claim the
until the termination of the affair and its same from the former, unless it appears
incidents, or to require the person that he gave it out of piety and without
concerned to substitute him, if the intention of being repaid (Art. 2164,
owner is in a position to do so (Art. NCC).
2144, NCC).
Fourth example, is when through
Second example, a case of solutio accident or other causes a person is
indebiti may also give rise to an injured or becomes seriously ill, and he
obligation without an agreement. This is treated or helped while he is not in a
refers to the obligation to return which condition to give consent to a contract,
arises when something is received when he shall be liable to pay for the services
there is no right to demand it, and it was of the physician or other person aiding
unduly delivered through mistake (Art. him, unless the service has been
2154, NCC). rendered out of pure generosity (Art.
2167, NCC).
Third example, is when without the
knowledge of the person obliged to give
Leroy Satchel Paige
Page 97 of 180
a trust against one who, by fraud, duress
Fifth instance of an obligation without or abuse of confidence, obtains or holds
an agreement is when the person obliged the legal right to property which he
to support an orphan or an insane or
other indigent person unjustly refuses to
give support to the latter, any third
person may furnish support to the needy
individual, with right of reimbursement
from the person obliged to give support.
The provisions of this article apply when
the father or mother of a child under
eighteen years of age unjustly refuses to
support him (Art. 2166, NCC).
Trust
Trust De Son Tort (2007)
No.III. Explain the following concepts and

doctrines and give an example of each:
(A). concept of trust de son

tort (constructive trust) (5%)
SUGGESTED ANSWER:
A constructive trust is a trust NOT
created by any word or phrase, either
expressly or impliedly, evincing a direct
intention to create a trust, but is one
that arises in order to satisfy the
demands of justice. It does not come
about by agreement or intention but
mainly operation of law and construed as

provides: "If an absolute conveyance of
ought not, in equity and good property is made in order to secure the
conscience, to hold (Heirs of Lorenzo Yap performance of an obligation of the
v. CA, 371 Phil 523, 1991). The following grantor toward the grantee, a trust by
are examples of constructive trust: 1. virtue of law is established. If the
Art. 1456 NCC which provides: "If fulfillment of the obligation is offered by
property is acquired through mistake or the grantor when it becomes due, he
fraud, the person obtaining it is, by force may demand the reconveyance of the
of law considered a trustee of an implied property to him." 4. Art 1455 NCC which
trust for the benefit of the person for provides: "When any trustee, guardian or
whom the property comes." 2. Art 1451 any person holding a fiduciary
NCC which provides: "When land passes relationship uses trust funds for the
by succession through any person and he purchase of property and causes
causes the legal title to be put in the conveyance to be made to him or to
name of another, a trust is established third person, a trust is established by
by implication of law for the benefit of operation of law in favor of the person to
the true owner." 3. Art 1454 NCC which whom the funds belong."
Leroy Satchel Paige
Page 98 of 180
No.VI. (b) Eulalia was engaged in the
business of buying and selling large cattle.
Sales
In order to secure the financial capital, she
Condominium Act; Partition of a
Condominium (2009)
No.XVIII. The Ifugao Arms is a

condominium project in Baguio City. A
strong earthquake occurred which left huge

cracks in the outer walls of the building. As
a result, a number of condominium units

were rendered unfit for use. May Edwin,
owner of one of the condominium units

affected, legally sue for partition by sale of
the whole project? Explain. (4%)
SUGGESTED ANSWER:
Yes, Edwin may legally sue for partition
by sale of the whole condominium
project under the following conditions:
(a) the damage or destruction caused by
the earthquake has rendered one-half
(1/2) or more of the units therein
untenantable, and (b) that the
condominium owners holding an
aggregate of more than thirty percent
(30%) interests of the common areas are
opposed to the restoration of the
condominium project (Sec 8 [b], Republic
Act No. 472 Condominium Act).
Mortgage; Equitable Mortgage (2012)

mortgage for the purpose of securing the
shortage incurred by Domeng in the
advanced for her employees (biyaheros). She
amount of P 70, 000.00 while employed as
required them to surrender TCT of their
"biyahero" by Eulalia. Was the Deed of Sale
properties and to execute the corresponding
between Domeng and Eulalia a contract of
Deeds of Sale in her favor. Domeng
sale or an equitable mortgage? Explain.
Bandong was not required to post any
(5%)
security but when Eulalia discovered that
he incurred shortage in cattle procurement
SUGGESTED ANSWER:
operation, he was required to execute a
Deed of Sale over a parcel of land in favor of The contract between Domeng Bandong
Eulalia. She sold the property to her and Eulalia was an equitable mortgage
grandneice Jocelyn who thereafter rather than a contract of sale. The
instituted an action for ejectment against purported deed of sale was actually
the Spouses Bandong.
intended to merely secure the payment
of the shortage incurred by Domeng in

To assert their right, Spouses Bandong filed
an action for annulment of sale against the conduct of the cattle-buying
Eulalia and Jocelyn alleging that there was operations. Under Art 1602, Civil Code,
no sale intended but only equitable
Leroy Satchel Paige
Page 99 of 180
On June 15, 2013, Sergio learned of

the contract shall be presumed to be an
another buyer, Roberto, who was
equitable mortgage when it may be fairly
inferred that the real intention of the
parties is simply to secure the payment
of a debt or the performance of any
other obligation. The present transaction
was clearly intended to just secure the
shortage incurred by Eulalia because
Bandung remained in possession of the
property inspite of the execution of the
sale.
Option Contract; Liquor & Pulutan as
Consideration (2013)
No.III.Sergio is the registered owner of a

500-square meter land. His friend, Marcelo,
who has long been interested in the

property, succeeded in persuading Sergio to
sell it to him. On June 2, 2012, they agreed

on the purchase price of P600,000 and that
Sergio would give Marcelo up to June30,

2012 within which to raise the amount.
Marcelo, in a light tone usual between

them, said that they should seal their
agreement through a case of Jack Daniels

Black and P5,000 "pulutan" money which
he immediately handed to Sergio and which

the latter accepted. The friends then sat
down and drank the first bottle from the

case of bourbon.
Yes. Marcelo has a cause of action
offering P800,000 in ready cash for the
against Sergio.
land. When Roberto confirmed that he
could pay in cash as soon as Sergio could Under Art. 1324, when the offerer has
get the documentation ready, Sergio allowed the offeree a certain period to
decided to withdraw his offer to Marcelo,
accept, the offer may be withdrawn at
hoping to just explain matters to his friend.
any time before acceptance by
Marcelo, however, objected when the
communicating such withdrawal, except
withdrawal was communicated to him,
when the option is founded upon
taking the position that they have a firm
consideration, as something paid or
and binding agreement that Sergio cannot
promised.
simply walk away from because he has an
option to buy that is duly supported by a

An accepted unilateral promise to buy or
duly accepted valuable consideration.
sell a determinate thing for a price
(A) Does Marcelo have a cause of action certain is binding upon him if the
against Sergio? (5%) promise is supported by a consideration
distinct from the price (Art. 1479).

SUGGESTED ANSWER:
Leroy Satchel Paige
Page 100 of 180
of sale for the real property. Therefore,
Consideration in an option contract may Art. 1403 does not apply.
be anything of value,, unlike in sale
where it must be the price certain in
money or its equivalent (San Miguel
Properties Inc. v. Spouses Huang, G.R.
No. 137290, July 31, 2000).
Here, the case of Jack Daniels Black and
the P5,000.00 pulutan money was a
consideration to seal their agreement,
an agreement that Marcelo is given until
June 30, 2012 to buy the parcel of land.
There is also no showing that such
consideration will be considered part of
the purchase price. Thus, Sergios
unilateral withdrawal of the offer
violated the Option Contract between
him and Marcelo.
(B) Can 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? (3%)
SUGGESTED ANSWER:
No. Sergios claim has no legal basis.
The contract at issue in the present case
is the option contract, not the contract

ALTERNATIVE ANSWER:
The Statute of Frauds covers an

No. Sergios claim has no legal basis.
agreement for the sale of real property
or of an interest therein. Such The contract of sale has already been
agreement is unenforceable by action, partially executed which takes it outside
unless the same, or some note or the ambit of the Statute of Frauds is
memorandum, thereof, be in writing, applicable only to executory contracts,
(Art. 1403 (e), Civil Code). Here, Marcelo not to contracts that are totally or
and Sergio merely entered into an partially performed (Carbonnel v. Poncio,
Option Contract, which refers to a G.R. No. L-11231, May 12, 1958).
unilateral promise to buy or sell, which
need not be in writing to be enforceable
(Sanchez v. Rigos, G.R. No. L-25494, Right of First Refusal; Lessee; Effect
June 14, 1972, citing Atkins, Kroll and (2008)
Co. Inc. v. Cua Hian Tek and

No.XVI. Dux leased his house to Iris for a
Southwestern Sugar & Molasses Co. v.
period of 2 years, at the rate of P25,000.00
Atlantic Gulf & Pacific Co.).
Leroy Satchel Paige
Page 101 of 180
that the mother is not a third party, this
monthly, payable annually in advance. The would make her privy to the agreement
contract stipulated that it may be renewed of Dux and Iris, aware of the right of first
for another 2-year period upon mutual
agreement of the parties. The contract also

granted Iris the right of first refusal to
purchase the property at any time during

the lease, if Dux decides to sell the property
at the same price that the property is

offered for sale to a third party. Twenty-
three months after execution of the lease

contract, Dux sold breach of her right of
first refusal. Dux said there was no breach

because the property was sold to his
mother who is not a third party. Iris filed an

action to rescind the sale and to compel
Dux to sell the property to her at the same

price. Alternatively, she asked the court to
extend the lease for another 2 years on the

same terms.
(A). Can Iris seek rescission of the sale of

the property to Dux's mother? (3%)
SUGGESTED ANSWER:
Yes, because the right of first refusal is
included in the contract signed by the
parties. Only if the lessee failed to
exercise the right of first refusal could
the lessor lawfully sell the subject
property to others, under no less than
the same terms and conditions
previously offered to the lessee. Granting

No. The contract stipulated that it may
refusal. This makes the mother a buyer
be renewed for another 2-year period
in bad faith, hence giving more ground
upon mutual agreement of the parties.
for rescission of the sale to her
Contracts are binding between the
(Equatorial Realty, et al. v. Mayfair
parties; validity or compliance cannot be
Theater, G.R. No. 106063, 21 Nov. 1996).
left to the will of one of the parties (Art.
ALTERNATIVE ANSWER: 1308, Civil Code).
No, Iris cannot seek rescission of the ALTERNATIVE ANSWER:

sale of the property to Duxs mother
It depends. The alternative prayer for
because the sale is not one of those
the extension of the lease may prosper if
rescissible contracts under Art. 1381 of
(a) there is a stipulation in the contract
the Civil Code.
of sale; (b) Dux's mother is aware of the
(B). Will the alternative prayer for extension existing contract of lease; or (c) the lease
of the lease prosper? (2%) is recorded in the Registry of Property

SUGGESTED ANSWER:
Leroy Satchel Paige
Page 102 of 180
(IVa) Resolve Boboy's claim that as a builder

in good faith, he should be
Lease
Builder; Good Faith; Useful
Improvements (2013)
No.IV.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. With Anselmo's

knowledge, Boboy introduced renovations
consisting of an additional bedroom, a

covered veranda, and a concrete block
fence, at his own expense.
Subsequently, Anselmo needed the property

as his residence and thus asked Boboy to
vacate and turn it over to him. Boboy,

despite an extension, failed to vacate the
property, forcing Anselmo to send him a

written demand to vacate.
In his own written reply, Boboy signified

that he was ready to leave but Anselmo
must first reimburse him the value of the

improvements he introduced on the
property as he is a builder in good faith.

Anselmo refused, insisting that Boboy
cannot ask for reimbursement as he is a

mere lessee. Boboy responded by removing
the improvements and leaving the building

in its original state.
As Boboy is a lessee of the property,
reimbursed the value of the improvements even if he was paying nominal rental,
he introduced. (4%) Art. 1678, Civil Code, is applicable.
Under this provision, if the lessee makes,

SUGGESTED ANSWER:
in good faith, useful improvements
which are suitable to the use for which

Boboys claim that he is a builder in
the lease is intended, without altering
good faith has no basis. A builder in good
the form or substance of the property
faith is someone who occupies the
leased, the lessor upon the termination
property in concept of an owner. The
of the lease, shall pay the lessee one-half
provisions on builder-planter-sower
of the value of improvements at that
under the Civil Code cover cases in
time. Should the lessor refuse to
which the builder, planter and sower
reimburse said amount, the lessee may
believe themselves to be owners of the
remove the improvements, even though
land, or at least, to have a claim of title
the principal thing may suffer damage
thereto.
thereby.
Leroy Satchel Paige
Page 103 of 180
when the term of their lease shall have

expired. Is Ildefonso bound to respect the
(IVb) Can Boboy be held liable for damages
for removing the improvements over
Anselmo's objection? (4%)
SUGGESTED ANSWER:
No. Boboy cannot be held liable for
damages.
The lessor, Anselmo, refused to
reimburse one-half of the value of the
improvements, so the lessee, Boboy, may
remove the same, even though the
principal thing may suffer damage
thereby. If in removing the useful
improvements Boboy caused more
impairment in the property leased than
is necessary he will be liable for damages
Lease; Caveat Emptor (2009)
No.VIII. Jude owned a building which he

had leased to several tenants. Without
informing his tenants, Jude sold the

building to Ildefonso. Thereafter, the latter
notified all the tenants that he is the new

owner of the building. Ildefonso ordered the
tenants to vacate the premises within thirty

(30) days from notice because he had other
plans for the building. The tenants refused

to vacate, insisting that they will only do so
status of the occupants of their right to
lease contracts between Jude and his occupy the building before buying it.
tenants? Explain your answer. (3%)
SUGGESTED ANSWER:
Agency
Yes, Ildefonso must respect the lease
Agency; Sale of a Real Property through
contracts between Jude and his tenants.
an Agent (2010)
While it is true that the said lease
contracts were not registered and No.XVI. X was the owner of an unregistered
annotated on the title to the property, parcel of land in Cabanatuan City. As she
Ildefonso is still not an innocent was abroad, she advised her sister Y via
purchaser for value. He ought to know overseas call to sell the land and sign a
the existence of the lease because the contract of sale on her behalf.
building was already occupied by the

Y thus sold the land to B1 on March 31,
tenants at the time he bought it.
2001 and executed a deed of absolute sale
Applying the principle of caveat emptor, on behalf of X. B1 fully paid the purchase
he should have checked and known the price.
Leroy Satchel Paige
Page 104 of 180
inscribed in the Registry of Deeds, the
B2, unaware of the sale of the land to B1, case is governed by Art 1544 of the New
signified to Y his interest to buy it but Civil Code which provides that in case of
asked Y for her authority from X. Without
informing X that she had sold the land to

B1, Y sought X for a written authority to
sell.
X e-mailed Y an authority to sell the land. Y
thereafter sold the land on May 1, 2001 to

B2 on monthly installment basis for two
years, the first installment to be paid at the
end of May 2001.
Who between B1 and B2 has a better right

over the land? Explain. (5%)
SUGGESTED ANSWER:
B-2 has a better title. This is not a case
of double sale. Since the first sale was
void. The law provides that when a sale
of 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 (Art 1874, NCC). The
property was sold by Y to B1 wihtout any
written authority from the owner X.
Hence, the sale to B1 was void.
ALTERNATIVE ANSWER:
Under the facts, B-1 has a better right to
the land. Given the fact that the Deed of
Sale in favor of B-1 and B-2 are not

extinguishing right to real property not
double sales of an immovable property, registered under Act 496 shall be valid
the ownership shall pertain to the except as between the parties. Thus, the
person who is in good faith was first in Deed of Sale of B-2 has no binding effect
possession and in the absence thereof to on B-1.
the person who presents the oldest title,

Partnership
provide there is good faith.
Liability; Liability of a Partner (2010)

In a case, the Supreme Court has held
that in a sale of real estate the execution

No.XV. A, B, and C entered into a
of a notarial document of sale is partnership to operate a restaurant
tantamount to delivery of the possession business. When the restaurant had gone
of the property sold. The ownership of past break-even stage and started to garner
the land therefore pertains to the first considerable profits, C died. A and B
buyer. It may also be mentioned that continued the business without dissolving
under Art 3344 no instruments or deed the partnership. They in fact opened a
branch of the restaurant, incurring
establishing, transmitting,
obligations in the process. Creditors started
acknowledging, modifying, or
Leroy Satchel Paige
Page 105 of 180
1829, 1835, par 2, NCC; Testate Estate
demanding for the payment of their of Mota v. Serra, 47 Phil
obligations. 464 [1925]). However, the liability of Cs
(A). Who are liable for the settlement of the

partnerships obligations? Explain? (3%)
SUGGESTED ANSWER:
The two remaining partners, A and B, are
liable. When any partner dies and the
business is continued without any
settlement of accounts as between him
or his estate, the surviving partners are
held liable for continuing the business
despite the death of C (Art 1841, 1785,
par 2, and Art 1833 of NCC).
(B).What are the creditors recourse/s?

Explain. (3%)
SUGGESTED ANSWER:
Creditors can file the appropriate
actions, for instance, an action for
collection of sum of money against the
partnership at will and if there are no
sufficient funds, the creditors may go
after the private properties of A and B
(Art 816, NCC). Creditors may also sue
the estate of C. The estate is not excused
from the liabilities of the partnership
even if C is dead already but only up to
the time that he remained a partner (Art

ALTERNATIVE ANSWER:
individual properties shall be subject
TRUE. An oral is a consensual of the
first to the payment of his separate
partnership is valid even though not in
debts (Art 1835. NCC).
writing. However, If it involves
contribution of an immovable property
or a real right, an oral contract of

Oral Partnership (2009)
partnership is void. In such a case, the
No.I. TRUE or FALSE. Answer TRUE if the contract of partnership to be valid, must
statement is true, or FALSE if the be in a public instrument ( Art. 1771
statement is false. Explain your answer in ,NCC ), and the inventory of said
not more than two (2) sentences. property signed by the parties must be
attached to said public instrument (Art.

(C). An oral partnership is valid. (1%)
1773, NCC).
SUGGESTED ANSWER:
TRUE. Partnership is a consensual ALTERNATIVE ANSWER:
contract, hence, it is valid even though
not in writing.
Leroy Satchel Paige
Page 106 of 180
the existence of a partnership. Do you

agree? Explain your answer. (5%)
TRUE. Partnership is a consensual
contract, hence, it is valid even though

SUGGESTED ANSWER:
not in writing. The oral contract of
partnership is also valid even if an
immovable property or real right is
contributed thereto. While the law, in
such a case, requires the partnership to
be in a public document, the law does
not expressly declare the contract void if
not executed in the required form
(Article 1409 (7 ,NCC ). And there being
nothing in the law from which it can be
inferred that the said requirement is
prohibitory or mandatory (Article 5,
NCC), the said oral contract of
partnership must also be valid. The
interested party may simply require the
contract to be made into a public
document in order to comply with the
required form (Article 1357, NCC). The
purpose of the law in requiring a public
document is simply to notify the public
about the contribution.
Share; Demand during the Existence of
Partnership (2012)
No.X.b) A partner cannot demand the

return of his share (contribution) during
Such agreement was not reduced to writing.
Siga-an demanded interest which was paid
Yes, he is not entitled to the return of
by Villanueva in cash and checks. The total
his contribution to the capital of the
amount Villanueva paid accumulated to P
partnership, but only to the net profits
1, 200, 000.00. Upon advice of her lawyer,
from the partnership business during the
Villanueva demanded for the return of the
life of the partnership period. If he is a
excess amount of P 660, 000.00 which was
limited partner, however, he may ask for ignored by Siga-an.
the return of his contributions as
(1) Is the payment of interest valid? Explain.
provided in Art 1856 and 1857, Civil
(3%)
Code.
SUGGESTED ANSWER:
Commodatum & Mutuum
Mutuum; Interest; Solutio Indebiti No, Art. 1956, Civil Code, provides that
no interest shall be due unless it has

(2012)
been expressly stipulated in writing.
No.VI.a) Siga-an granted a loan to
Villanueva in the amount of P 540, 000.00. (2) Is solution indebiti applicable? Explain.
(2%)
Leroy Satchel Paige
Page 107 of 180
promise answer for the debt, or
SUGGESTED ANSWER: miscarriage of another, the Statute of
Frauds requires it to be in writing to be

Yes, Solutio Indebiti is applicable
because Villanueva Overpaid by
P600,000.00 representing interest
payment which is not due. He can,
therefore, demand its return.
Guaranty
Guaranty (2009)
No.I. TRUE or FALSE. Answer TRUE if the

(D). An oral promise of guaranty is valid

and binding. (1%)
SUGGESTED ANSWER :
FALSE. An oral contract of guaranty,
being a special promise to answer for the
debt of
another, is unenforceable unless in
writing (Article 1403 [2] b, NCC ).
ALTERNATIVE ANSWER:
TRUE. An oral promise of guaranty is
valid and binding. While the contract is
valid, however ,it is unenforceable
because it is not writing . Being a special

(1)The obligation in guaranty is
enforceable ( Article 1403 [2] b, NCC).The secondary; whereas, in suretyship, it is
validity of the contract should be primary.
distinguished from its enforceability .

(2) In guranty, the undertaking is to pay
Surety if the principal debtor cannot pay;
whereas, in suretyship, the undertaking

Surety (2010)
is to pay if the principal debtor does not
pay .
each) (3) In guranty, the guarantor is entitled
to the benefit of excussion; whereas, in

(A). What is the difference between
suretyship the surety is not entitled.
"guaranty" and "suretyship"?
(4) Liability in guaranty depends upon

SUGGESTED ANSWER:
an independent agreement to pay the
Guaranty and Suretyship distinguished obligations of the principal if he fails to
do so; whereas, in suretyship, the surety
assumes liability as a regular party.
Leroy Satchel Paige
Page 108 of 180
by the pledgee of the thing pledged in
(5)The Guarantor insures the solvency case of default by the pledgor.
of the principal debtor; whereas, the
surety insures the debt.
(6)In a guaranty, the guarantor is
subsidiarlty liable; whereas, in a
suretyship, the surety binds himself
solidarity with the principal debtor (Art
2047, Civil Code).
Pledge
Pledge; Pactum Commissorium (2009)
No.XVII. Rosario obtained a loan of
P100,000.00 from Jennifer, and pledged her

diamond ring. The contract signed by the
parties stipulated that if Rosario is unable

to redeem the ring on due date, she will
execute a document in favor of Jennifer

providing that the ring shall automatically
be considered full payment of the loan.
(A). Is the contract valid? Explain. (3%)
SUGGESTED ANSWER:
The contract is valid because Rosario
has to execute a document in favor of
Jennifer to transfer the ownership of the
pledged ring to the latter. The contract
does not amount to pactum
commissorium because it does not
provide for the automatic appropriation

them xxx. Jennifer cannot immediately
(B). Will your answer to [a] be the same if sell by herself the thing pledged. It must
the contract stipulates that upon failure of be foreclosed by selling it at a public
Rosario to redeem the ring on due date, auction in accordance with the
Jennifer may immediately sell the ring and procedure under Art 2112 of the New
appropriate the entire proceeds thereof for Civil Code.
herself as full payment of the loan?
Torts and Damages
Reasons. (3%)
Damages (2012)
SUGGESTED ANSWER:
No, my answer will be different. While

No.I. a) Roberto was in Nikko Hotel when he
the contract of pledge is valid, the
bumped into a friend who was then on her
stipulation authorizing the pledgee to way to a wedding reception being held in
immediately sell the thing pledged is said hotel. Roberto alleged that he was then
void under Art 2088 of the New Civil invited by his friend to join her at the
Code, which provides that the creditor wedding reception and carried the basket
cannot appropriate the things given by full of fruits which she was bringing to the
affair. At the reception, the wedding
way of pledge or mortgage, or dispose of
Leroy Satchel Paige
Page 109 of 180
that exposed Roberto to unnecessary
coordinator of the hotel noticed him and ridicule or shame, his action will
asked him, allegedly in a loud voice, to leave

as he was not in the guest list. He retorted
that he had been invited to the affair by his

friend, who however denied doing so.
Deeply embarrassed by the incident,

Roberto then sued the hotel for damages
under Articles 19 and 21 of the
Civil Code. Will Robertos action prosper?

Explain. (5%)
SUGGESTED ANSWER:
No. Robertos action will not prosper.
From the facts given in the problem, the
wedding coordinator did not abuse her
right when she asked him to leave the
wedding reception because he was not in
the guest list. Hotel Nikko could not be
held liable for damages as its liable
spring from the liability of its employee
(Nikko Hotel Manila Garden v. Reyes,
G.R. No. 154259, Feb 28, 2005).
ALTERNATIVE ANSWER:
It depends. While the hotel has the right
to exclude an uninvited guest from the
wedding reception, that does not give
the hotel the license to humiliate
Roberto. If the wedding coordinator of
the hotel acted wrongfully e.g. with the
abuse of right, unfairly, or in a matter

finding. In the contrary, the problem
prosper. Otherwise, Robertos action will states that it is a mere allegation.
not prosper.
The hotel is liable for the wrongful acts

Damages; Moral & Exemplary (2009)
of its employees.

COMMENT:
The facts of the problem are almost 19-year old girl, and begot a baby girl,
similar to the facts of Nikko Hotel Rona. Nanette sued Rodolfo for damages:
Manila Garden v. Reyes, G.R. No. actual, for hospital and other medical
expenses in delivering the child by

154259, Feb 28, 2005. In the said case,
caesarean section; moral, claiming that
however, there is a categorical finding
Rodolfo promised to marry her,
that the hotel employee did not, exposed
the complainant to the ridicule, shame
fact, he was not; and exemplary, to teach a
or embarrassment; hence, did not
commit any abuse of right. The present
problem makes no statement of that
Leroy Satchel Paige
Page 110 of 180
thereby imposed higher taxes), which the

Supreme Court later declared invalid.
(A). If you were the judge, would you award
all the claims of Nanette? Explain. (3%)
SUGGESTED ANSWER:
If Rodolfo's marriage could not have
been possibly known to Nanette or there
is no gross negligence on the part of
Nanette, Rodolfo could be held liable for
moral damages.
If there is gross negligence in a suit for
quasi-delict, exemplary could be
awarded.
Damages; Public Officers acting in the
Performance of their Duties (2012)
No.II.a) Liwayway Vinzons-Chato was then
the Commissioner of Internal Revenue

while Fortune Tobacco Corporation is an
entity engaged in the manufacture of

different brands of cigarettes, among which
are "Champion," "Hope," and "More"

cigarettes.
Fortune filed a complaint against Vinzons-
Chato to recover damages for the alleged

violation of its constitutional rights arising
from Vinzons-Chatos issuance of Revenue
Memorandum Circular No. 37-934 (which

re-classified Fortune cigarettes as locally
manufactured with foreign brands and

The public officer is not automatically
Vinzons-Chato filed a Motion to Dismiss considered to have violated the rights or
arguing that she cannot be held liable for liberties of a person simply because the
damages for acts she performed while in rule the public officer issued was
the discharge of her duties as BIR declared invalid by the court. The
Commissioner. Is she correct? Explain. (5%) complainant must still allege and prove
the particular injury or prejudice he has

SUGGESTED ANSWER:
suffered from the violation of his
Yes. As a general rule, a public officer is constitutional right by the issuance of
not liable for acts performed in the the invalidated rule.
discharge of his duties. The exceptions
The problem does not state any fact from
are when he acted with malice, bad faith,
which any malice, bad faith or gross
or gross negligence in the performance
negligence on the part of Vinzons-Chato
of his duty, or when his act is in
may be inferred, or the particular injury
violation of a Constitutional guaranteed
or prejudice the complainant may have
right and liberties of a person under
suffered as a result of the violation of his
Art32 of the NCC.
constitutional right. Hence, she
Leroy Satchel Paige
Page 111 of 180
civil liability, Rommel is subsidiarily
cannot be held liable. The facts liable for the damage awarded against
presented are similar to facts of the case
of Vinzons-Chato v. Fortune, G.R. No.
141309, Dec 23, 2008.
Death Indemnity (2009)
No. X. Rommels private car, while being

driven by the regular family driver, Amado,
hits a pedestrian causing the latters death.

Rommel is not in the car when the incident
happened.
(A). Is Rommel liable for damages to the

heirs of the deceased? Explain. (2%)
SUGGESTED ANSWER:
Yes, Rommel may be held liable for
damages if he fails to prove that he
exercised the diligence of a good father
of a family (Art. 2180, par 5, NCC) in
selecting and supervising his family
driver. The owner is presumed liable
unless he proves the defense of
diligence. If the driver was performing
his assigned task when the accident
happened, Rommel shall be solidarily
liable with the driver.
In case the driver is convicted of
reckless imprudence and cannot pay the

Yes, my answer will be the same except
the driver and the defense of diligence is that in such case the liability of the
not available. owner is not presumed. When the owner
is inside the vehicle, he becomes liable

(B).Would your answer be the same if only when it is shown that he could have
Rommel was in the car at the time of the
prevented the misfortune by the use of
accident? Explain. (2%)
due diligence (Art. 2184, NCC). For the
owner to be held liable, the burden of

SUGGESTED ANSWER:
Yes, my answer would be the same. proving that he could have prevented
Rommel, who was in the car, shall be the misfortune rests on the shoulder of
liable for damages if he could have the victim.
prevented the misfortune by the use of
due diligence in supervising his driver
but failed to exercise it (Art. 2184, NCC). Doctrine of Discovered Peril (Last Clear
In such case, his liability is solidary with Chance) (2007)
his driver.
No.III. Explain the following concepts and
ALTERNATIVE ANSWER:
doctrines and give an example of each:
Leroy Satchel Paige
Page 112 of 180
No.XIV. Primo owns a pet iguana which he

(B). doctrine of discovered peril (last clear keeps in a man-made pond enclosed by a
chance) (5%) fence situated in his residential lot. A
SUGGESTED ANSWER:
The doctrine of last clear chance states
that where the plaintiff was guilty of
prior or antecedent negligence, but the
defendant, who had the ultimate
opportunity to avoid the impending
harm failed to do so, it is the defendant
who is liable for all the consequences of
the accident notwithstanding the prior
negligence of the plaintiff. An example is
where a person was riding a pony on a
bridge and improperly pulled the pony to
the wrong side when he saw a car
coming. The driver of the car did not
stop or change direction, and nearly hit
the horse, and, the frightened animal
jumped to its death. The driver of the
car is guilty of negligence because he
had a fair opportunity to avoid the
accident and failed to avail himself of
that opportunity. He is liable under the
doctrine of last clear chance (Picart v.
Smith, 37 Phil. 809, 1918).
Liability; Owner of a Pet; Fortuitous
Event (2010)
in case the damage should come from
typhoon knocked down the fence of the force majeure or from the fault of the
pond and the iguana crawled out of the gate person who has suffered damage (Art
of Primos residence. N, a neighbor who was 2183, NCC).
passing by, started throwing stones at the

iguana, drawing the iguana to move toward
him. N panicked and ran but tripped on

Liability; Special Parental Authority
something and suffered a broken leg.
(2010)
Is anyone liable for Ns injuries? Explain.

No.XII. On May 5, 1989, 16-year old
(4%)
Rozanno, who was issued a student permit,
SUGGESTED ANSWER: drove to school a car, a gift from his
parents. On even date, as his class was

No one is liable. The possessor of an
scheduled to go on a field trip, his teacher
animal or whoever may make use of the
requested him to accommodate in his car,
same is responsible for the damage it
as he did, four (4) of his classmates
may cause, although it may escape or be
lost. This responsibility shall cease only
Leroy Satchel Paige
Page 113 of 180
principally liable under Art 221 (FC), if
because the van rented by the school was they are negligent.
too crowded. On the way to a museum

which the students were scheduled to visit,
Rozanno made a wrong maneuver, causing

a collision with a jeepney. One of his
classmates died. He and the three (3) others

were badly injured.
(A). Who is liable for the death of Rozannos
classmate and the injuries suffered by

Rozanno and his 3 other classmates?
Explain. (2%)
SUGGESTED ANSWER:
At the time the incident occurred in May
1989, Rozanno was still a minor. Being a
minor, Art 218 of the Family Code
applies. Pursuant to Art 218, the school,
its administrators and teachers shall be
liable for the acts of minor Rozanno
because of the special parental authority
and responsibility that they exercise
over him. The authority applies to all
authorized activities, whether inside or
outside the premises of the school,
entity or institution. The field trip on
which occasion Rozanno drove the car,
was an authorized activity, and , thus,
covered by the provision. Furthermore,
the parents of Rozanno are subsidiarily
liable pursuant to Art 219 (FC), and

the middle of 1994, Rozanno have been
(B). How about the damage to the jeepney? 21 years old at the time. Hence, he was
Explain. (2%) already of legal age. The law reducing the
age of majority to 18 years took effect in

SUGGESTED ANSWER:
December 1989.
With respect to the damages caused to

Being of legal age, articles 218, 219, and
the jeepney, only Rozanno should be
221 of the Family Code are no longer
held liable because his negligence or
applicable. In such case, only Rozanno
tortuous act was the sole, proximate and
will be personally responsible for all the
immediate cause thereof.
consequences of his act unless his
(C). Under the same facts, except the date of school or his parents were themselves
occurrence of the incident, this time in also negligent and such negligence
mid-1994, what would be your answer? contributed to the happening of the
Explain. (2%) incident. In that event, the school or his
parents are not liable under Art 218, 218

SUGGESTED ANSWER:
or 221 of the Family Code, but will be
Since Rozanno was 16 years old in 1989,
if the incident happened sometime in
Leroy Satchel Paige
Page 114 of 180
evidence (documentary and testimonial)

and legal arguments will you present in
liable under general provision on the
Civil Code on quasi-delict.
Quasi-Delict; Claims; Requisites (2013)
No.II. A collision occurred at an intersection

involving a bicycle and a taxicab. Both the
bicycle rider (a businessman then doing his

morning exercise) and the taxi driver
claimed that the other was at fault. Based

on the police report, the bicycle crossed the
intersection first but the taxicab, crossing

at a fast clip from the bicycle's left, could
not brake in time and hit the bicycle's rear

wheel, toppling it and throwing the bicycle
rider into the sidewalk 5 meters away.
The bicycle rider suffered a fractured right
knee, sustained when he fell on his right

side on the concrete side walk. He was
hospitalized and was subsequently

operated on, rendering him immobile for 3
weeks and requiring physical rehabilitation

for another 3 months. In his complaint for
damages, the rider prayed for the award

ofP1,000,000 actual damages,P200,000
moral damages, P200,000 exemplary
damages, P1 00,000 nominal damages
and P50,000 attorney's fees.
Assuming the police report to be correct
and as the lawyer for the bicycle rider, what

The case clearly involves quasi-delict
court to justify the damages that your client where my client, the bicycle rider,
claims? (8%) suffered injury as a result of the
negligence of the over-speeding taxi

SUGGESTED ANSWER:
driver, without fault on my clients part.
I will the base the claim of my client on

To prove actual damages aside from the
quasi-delict under Art 2176 of the Civil
testimony of client, I will present his
Code of the Philippines. The requisites
hospital and medical bills. Receipts paid
for a claim under quasi-delict to prosper
on the rehabilitation will also be
are as follows:
presented. [The sentence in red should
be replaced with the following sentence

(1) Act or omission, there being fault or
because he is a businessman and not an
negligence;
employee. Furthermore, I will present
(2) Damage or injury; and income tax returns, contracts and other
documents to prove unrealized profits as

(3) Causal connection between the
a result of this temporary injury.] I will
damage and the act or omission.
Leroy Satchel Paige
Page 115 of 180
eyewitness accounts, in order to support
also call the attending physician to the award for moral damages.
testify as to the extent of the injuries

Exemplary damages may be granted if
suffered by my client, and to corroborate
the defendant acted in wanton,
the contents of the medical documents.
Based on Art. 2202, in quasi-delicts, the
defendant shall be liable for all damages
which are the natural and probable
consequences of the act or omission
complained of. It is not necessary that
the damages have been foreseen or could
have been foreseen by the defendant.
Unlike actual damages, no proof of
pecuniary loss is necessary in order that
moral, nominal, temperate liquidated or
exemplary damages may be adjudicated.
The assessment is left to the discretion
of the Court (Art. 2216, Civil Code).
There must be proof pecuniary
estimation, however.
Moral damages can be recovered by my
client under Articles 2219 and 2200.
Moral damages may be recovered in case
of a quasi-delict causing physical
injuries. Additionally, it must be proved
that such damages were the proximate
result of the act complained of. Medical
certificates will be presented, along with
the testimony from my client and other

Finally, attorneys fees may be recovered
fraudulent, reckless, oppressive, or when exemplary damages are awarded
(Art 2208, Civil Code).

malevolent manner. While the amount of
exemplary damages may not be proved,
the plaintiff must show that he is
entitled to moral or compensatory Quasi Tort (2010)
damages. In support of this, I will

present the police report showing the
each)
circumstance under which the accident
took place, taking into account the (B). Define quasi tort. Who are the persons
actions of the parties. I will ask the liable under quasi torts and what are the
officials who responded to the accident defenses available to them?
to testify as to the conduct of the

Note: It is recommended that the examiner
parties at the time of the accident in
exercise leniency and liberality in grading the
order to determine whether defendant
answers given to this question. The term quasi-
was guilty of gross negligence.
tort is not part of legal developments in civil
law. In Philippine legal tradition, quasi-
Leroy Satchel Paige
Page 116 of 180
Quasi -tort is considered as the
delict has been treated as the closest civil equivalent of quasi-delict. Hence the
law equivalent of the common law tort. In rules of the latter pertaining to persons
fact, in a number of Supreme Court
decisions, the two terms have been
considered synonymous. In reality, however,
the common law tort is much broader in
scope than the civil law quasi-delict. In
recent developments in common law, the
concept of quasi-torts can be considered as
the closest common law equivalent of the
civil law concept of quasi-delict. This is
because it is argued that the growing
recognition of quasi-torts as a source of
obligation is hinged on the acceptance at
common law of the civil law principles of
quasi-delict.
SUGGESTED ANSWER:
Quasi -tort is a legal concept upholding
the doctrine that some legal duty exists
that cannot be classified strictly as a
personal duty (thus resulting in a tort),
nor as a contractual duty but rather
some other kind of duty recognizable by
the law. Tort or Quasi-tort is an
Anglo American or Common Law
concept, while Delict or Quasi-Delict
is a Civil Law concept (Wikipedia
encyclopedia).
ALTERNATIVE ANSWER:
proximate cause of the injury ( Article
who can be held liable and their defenses 2179 NCC );
would also apply.

(c) That the plaintiff's own negligence
Those liable for quasi-delict include: was the immediate and proximate cause
of his injury ( Article 2179 NCC );

(1) Those tortfeasor or the person
causing damage to another through fault (d ) That the person vicariously liable
or negligence ( Article 2176 NCC ); and has observed all the diligence of a good
(2) Persons vicariously liable under father of a family to prevent damage
Article 2180 (NCC ). ( Article 2180 NCC ); and
(e) That the cause of action has
The defenses available include: prescribed after the lapse s (Article 2179
NCC ).
(a) That the defendant was not negligent
or that he exercised due diligence The fact that the plaintiff had
( Article 2176 NCC ); committed contributory negligence is a
partial defense (Art 2179, NCC).

(b) That although the defendant is
negligent his negligence is not the
Leroy Satchel Paige
Page 117 of 180
If all the brothers/sisters are disqualified
to inherit, the nephews/nieces inherit

MULTIPLE CHOICE
QUESTIONS
2013 Taxation Law Exam
MCQ (October 13, 2013)
I. Armand died intestate. His full-blood
brothers, Bobby and Conrad, and half-

blood brothers, Danny, Edward and Floro,
all predeceased him. The following are the

surviving relatives:
1. Benny and Bonnie, legitimate children of

Bobby;
2. Cesar, legitimate child of Conrad;
3. Dante, illegitimate child of Danny;
4. Ernie, adopted child of Edward; and
5. Felix, grandson of Floro.
The net value of Armand's estate is
Pl,200,000.
I. (1) How much do Benny and Bonnie

stand to inherit by right of representation?
(1%)
(A) P200,000
(B) P300,000
(C) P400,000
(D) P150,000
(E) None of the above.
SUGGESTED ANSWER:

relationship is legitimate. Thus, Dante,
per capita, and not by right of an illegitimate child of Danny, is barred
representation (Art 975, Civil Code) from inheriting from Armand pursuant
to the iron curtain rule which
I. (2) How much is Dante's share in the net disqualifies an illegitimate child from
estate? (1%) inheriting ab intestao from the
(A) P150,000. legitimate children and relatives of his
(B) P200,000.
father or mother, and vice versa (Art
(C) P300,000.
992, Civil Code).
(D) P400,000.

I. (3) How much is Ernie's share in the net
estate . (1%)
SUGGESTED ANSWER:
(A) P 0.
E. None of the above.
(B) P400,000.
There is no showing that Danny is an
(C) P150,000.
illegitimate half-blood brother of
(D) P200,000.
Armand. In the absence of proof to the (E) None of the above.
contrary, the law presumes that the SUGGESTED ANSWER:
Leroy Satchel Paige
Page 118 of 180
obligation became due and demandable, C

turned out to be insolvent.
(A) 0 or (E) None of the above.
The legal relationship created by
adoption is strictly between the adopter
and the adopted. It does not extend to
the relatives of either party (Sayson v.
CA, G.R. Nos. 89224-25, Jan 23, 1992).
(Note: E. None of the above is another
answer because Ernie has no share at
all in the net estate).
I. (4) How much is Felix's share in the net

estate? (1%)
(A) P400,000.
(B) P150,000.
(C) P300,000.
(D) P0.
SUGGESTED ANSWER:
(D). 0. Or (E) None of the above.
In the collateral line, representation is
granted only to children of brother or
sisters, Felix is a grandson of a
predeceased brother.
(Note: E. None of the above: is another
answer because Felix has no share at
all in the net estate)
II. A, B, C and D are the solidary debtors of

X for P40,000. X released D from the
payment of his share of PI 0,000. When the

(D). No, as the release of the share of one
Should the share of insolvent debtor C be debtor would then increase the burden of
divided only between the two other the other debtors without their consent.
remaining debtors, A and B? (1%) When one of the solidary debtors cannot,
(A) Yes. Remission of D's share carries with because of his insolvency, reimburse his
it total extinguishment of his obligation to share to the debtor paying the
the benefit of the solidary debtors. obligation, such share shall be borne by
(B) Yes. The Civil Code recognizes remission
all his co-debtors, in proportion to the
as a mode of extinguishing an obligation.
debt of each (Art 1217, Civil Code).
This clearly applies to D.
Additionally, D was released only from
(C) No. The rule is that gratuitous acts
his share of P10,000.00 not from the
should be restrictively construed, allowing
solidary tie that binds him to A, B and C.
only the least transmission of rights.
(D) No, as the release of the share of one

III. Amador obtained a loan of P300,000
debtor would then increase the burden of
from Basilio payable on March25, 2012. As
the other debtors without their consent.
security for the payment of his loan,
Amador constituted a mortgage on his

SUGGESTED ANSWER:
residential house and lot in Basilio's favor.
Leroy Satchel Paige
Page 119 of 180
and has resorted to all the legal remedies
Cacho, a good friend of Amador, guaranteed against the debtor (Art. 2058, Civil Code)
and obligated himself to pay Basilio, in case (Note: A is not the correct answer
Amador fails to pay his loan at maturity. because it states that all the assets of
III. (1) If Amador fails to pay Basilio his loan

on March 25, 2012, can Basilio compel
Cacho to pay? (1%)
(A) No, Basilio cannot compel Cacho to pay
because as guarantor, Cacho can invoke the

principle of excussion, i.e., all the assets of
Basilio must first be exhausted.
(B) No, Basilio cannot compel Cacho to
pay because Basilio has not exhausted
the available remedies against Amador.
(C) Yes, Basilio can compel Cacho to pay
because the nature of Cacho's undertaking

indicates that he has bound himself
solidarily with Amador.
(D) Yes, Basilio can compel Cacho who
bound himself to unconditionally pay in

case Amador fails to pay; thus the benefit of
excussion will not apply.
SUGGESTED ANSWER:
(B) No, Basilio cannot compel Cacho to
pay because Basilio has not exhausted
the available remedies against Amador.
The guarantor cannot be compelled to
pay the creditor unless the latter has
exhausted all the property of the debtor

ownership on the buyer, Diego, who must
Basilio (the creditor) must first be therefore consent.
exhausted) (D) No, Basilio cannot foreclose the real
III. (2) If Amador sells his residential house estate mortgage. To deprive the new owner
and lot to Diego, can Basilio foreclose the of ownership and possession is unjust and
real estate mortgage? (1%) inequitable.
(A) Yes, Basilio can foreclose the real estate SUGGESTED ANSWER:
mortgage because real estate mortgage (B) Yes, Basilio can foreclose the real
creates a real right that attaches to the estate mortgage. It is binding upon Diego
property. as the mortgage is embodied in a public

(B) Yes, Basilio can foreclose the real instrument.
estate mortgage. It is binding upon Diego Since the mortgage is in a public
as the mortgage is embodied in a public instrument, there is constructive notice
instrument. to Diego, who is the buyer if the
(C) No, Basilio cannot foreclose the real mortgaged property.
estate mortgage. The sale confers
ALTERNATIVE ANSWER:
Leroy Satchel Paige
Page 120 of 180
(C) Yes, Jose's refusal is justified. The

principle of unjust enrichment warrants the
(C) No, Basilio cannot foreclose the real
reimbursement of Jose's expenses.
estate mortgage. The sale confers
ownership on the buyer, Diego, who must
therefore consent.
The mortgage is not registered, thus,
cannot be binding against third persons
(Art. 2125, Civil Code)
IV. Cruz lent Jose his car until Jose
finished his Bar exams. Soon after Cruz

delivered the car, Jose brought it to
Mitsubishi Cubao for maintenance check

up and incurred costs of P8,000. Seeing the
car's peeling and faded paint, Jose also had

the car repainted for P10,000. Answer the
two questions below based on these

common facts.
IV. (1) After the bar exams, Cruz asked for
the return of his car. Jose said he would

return it as soon as Cruz has reimbursed
him for the car maintenance and repainting

costs of P 18,000.
Is Jose's refusal justified? (1%)

(A) No, Jose's refusal is not justified. In this
kind of contract, Jose is obliged to pay for

all the expenses incurred for the
preservation of the thing loaned.
(B) Yes, Jose's refusal is justified. He is
obliged to pay for all the ordinary and

extraordinary expenses, but subject to
reimbursement from Cruz.

The bailee, Jose, has no right of
(D) No, Jose's refusal is not justified. The retention on the ground that the bailor
expenses he incurred are useful for the owes him something, even if it may be
preservation of the thing loaned. It is by reason of expenses. He can only
Jose's obligation to shoulder these useful retain it if he suffers damages by reason
expenses. of a flaw or defect in the thing loaned of
which the bailor knows (Art 1951, Civil
SUGGESTED ANSWER: Code).
(D) No, Jose's refusal is not justified. The
expenses he incurred are useful for the IV. (2) During the bar exam month, Jose
lent the car to his girlfriend, Jolie, who
preservation of the thing loaned. It is
parked the car at the Mall of Asia's open
Jose's obligation to shoulder these useful
parking lot, with the ignition key inside the
expenses.
car. Car thieves broke into and took the car.
In commodatum, the bailee is obliged to
pay for the ordinary expenses for the use Is Jose liable to Cruz for the loss of the car
and preservation of the thing loaned (Art due to Jolie's negligence? (1%)
1941, Civil Code).
Leroy Satchel Paige
Page 121 of 180
000,000. P joined as an industrial partner,

contributing only his services. The Articles
(A) No, Jose is not liable to Cruz as the loss
of Partnership, registered with the
was not due to his fault or negligence.
(B) No, Jose is not liable to Cruz. In the
absence of any prohibition, Jose could lend

the car to Jolie. Since the loss was due to
force majeure, neither Jose nor Jolie is

liable.
(C) Yes, Jose is liable to Cruz. Since Jose
lent the car to Jolie without Cruz's
consent, Jose must bear the consequent
loss of the car.
(D) Yes, Jose is liable to Cruz. The contract

between them is personal in nature. Jose
can neither lend nor lease the car to a third

person.
SUGGESTED ANSWER:
(C) Yes, Jose is liable to Cruz. Since Jose
lent the car to Jolie without Cruz's
consent, Jose must bear the consequent
loss of the car.
The bailee is liable for the loss of the
thing, even if it should be through a
fortuitous event if he lends or leases the
thing to a third person, who is not a
member of his household (Art 1942, Civil
Code).
V. In 2005, L, M, N, 0 and P formed a
partnership. L, M and N were capitalist

partners who contributed P500,000 each,
while 0, a limited partner, contributed P1 ,

V. (l) Assuming that the just and equitable
share of the industrial partner, P, in the
Securities and Exchange Commission,
profit in 2006 amounted to P1 00,000, how
designated L and 0 as managing partners; L
much is the share of 0, a limited partner, in
was liable only to the extent of his capital
the P800,000 net profit? (1%)
contribution; and P was not liable for
(A) P160,000.
losses.
(B) P175,000.
In 2006, the partnership earned a net profit
(C) P280,000.
of P800,000. In the same year, P engaged in
a different business with the consent of all (D) P200,000.
the partners. However, in 2007, the (E) None of the above.
partnership incurred a net loss of

SUGGESTED ANSWER:
P500,000. In 2008,the partners dissolved
(C) P280,000.
the partnership. The proceeds of the sale of
partnership assets were insufficient to First, deduct the share of P from the
settle its obligation. After liquidation, the profits. P800,000 less P100,000 is
partnership had an unpaid liability P700,000. Next, get the share of O by
ofP300,000. following the proportion that the shares
of L, M, N, O is 1:1:1:2, respectively.
Leroy Satchel Paige
Page 122 of 180
the partnership, 0 is liable as capitalist

partner.
V. (2) In 2007, how much is the share of 0,

a limited partner, in the net loss of
P500,000? (1%)
(A) P 0.
(B) P1 00,000.
(C) P125,000.
(D) P200,000.
SUGGESTED ANSWER:
(D) P200,000
A limited partner shall not become liable
a s a general partner unless, in addition
to the exercise of his rights and powers
as a limited partner, he takes part in the
control of the business (Art 1948, Civil
Code). In the absence of stipulation as to
profits and losses, the share of each
partner in the losses shall be
proportionate to what he may have
contributed (Art 1797).
V. (3) Can the partnership creditors hold L,

0 and Pliable after all the assets of the
partnership are exhausted? (1%)
(A) Yes. The stipulation exempting P from
losses is valid only among the partners. L is

liable because the agreement limiting his
liability to his capital contribution is not

valid insofar as the creditors are concerned.
Having taken part in the management of

Articles of Partnership embodying such
stipulations serves as constructive notice to
(B) No. P is not liable because there is a
the partnership creditors.(E) None of the
valid stipulation exempting him from losses.
above is completely accurate.
Since the other partners allowed him to
(E) None of the above is completely
engage in an outside business activity, the
stipulation absolving P from liability is accurate.
valid. For 0, it is basic that a limited

partner is liable only up to the extent of his SUGGESTED ANSWER:
capital contribution. (E) None of the above is completely
(C) Yes. The stipulations exempting P and L accurate.
from losses are not binding upon the VI. Gary is a tobacco trader and also a
creditors. 0 is likewise liable because the lending investor. He sold tobacco leaves to
partnership was not formed in accordance Homer for delivery within a month,
with the requirements of a limited although the period for delivery was not
partnership. guaranteed. Despite Gary's efforts to deliver
(D) No. The Civil Code allows the partners on time, transportation problems and
to stipulate that a partner shall not be government red tape hindered his efforts
liable for losses. The registration of the and he could only deliver after 30 days.
Leroy Satchel Paige
Page 123 of 180
contrary to the terms agreed upon, Gary

could not insist that Homer accept the
Homer refused to accept the late delivery
tobacco leaves.
and to pay on the ground that the agreed
term had not been complied with.
As lending investor, Gary granted a

Pl,000,000 loan to Isaac to be paid within
two years from execution of the contract. As

security for the loan, Isaac promised to
deliver to Gary his Toyota Innova within

seven (7) days, but Isaac failed to do so.
Gary was thus compelled to demand

payment for the loan before the end of the
agreed two-year term.
VI. (l) Was Homer justified in refusing to

accept the tobacco leaves? (1%)
(A) Yes. Homer was justified in refusing to
accept the tobacco leaves. The delivery was

to be made within a month. Gary's promise
of delivery on a "best effort" basis made the

delivery uncertain. The term, therefore, was
ambiguous.
(B) No. Homer was not justified in
refusing to accept the tobacco leaves. He
consented to the terms and conditions
of the sale and must abide by it.
Obligations arising from contract have
the force of law between the contracting
parties.
(C) Yes. Homer was justified in his refusal
to accept the delivery. The contract

contemplates an obligation with a term.
Since the delivery was made after 30 days,

It is clear under the facts that the period
(D) No. Homer was not justified in refusing of delivery of the tobacco leaves was not
to accept the tobacco leaves. There was no guaranteed. Gary anticipated other
term in the contract but a mixed condition. factors which may prevent him from
The fulfillment of the condition did not making the delivery within a month.
depend purely on Gary's will but on other True enough, transportation problems
factors, e.g., the shipping company and the
and government red tape did. Such
government. Homer should comply with his
slight delay was, thus, excusable.
obligation.

SUGGESTED ANSWER:
parties and should be complied with in
(B) No. Homer was not justified in
good faith (Art. 1160, Civil Code)
refusing to accept the tobacco leaves. He
consented to the terms and conditions

VI. (2) Can Gary compel Isaac to pay his
of the sale and must abide by it.
loan even before the end of the two-year
period? (1%)
parties.
Leroy Satchel Paige
Page 124 of 180
or security renders the obligation
(A) Yes, Gary can compel Isaac to immediately demandable. Isaac lost his
immediately pay the loan. Non- right to make use of the period.
compliance with the promised guaranty
or security renders the obligation
immediately demandable. Isaac lost his
right to make use of the period.
(B) Yes, Gary can compel Isaac to

immediately pay the loan. The delivery of
the Toyota Innova is a condition for the

loan. Isaac's failure to deliver the car
violated the condition upon which the loan

was granted. It is but fair for Gary to
demand immediate payment.
(C) No, Gary cannot compel Isaac to

immediately pay the loan. The delivery of
the car as security for the loan is an

accessory contract; the principal contract is
still the P 1,000,000 loan. Thus, Isaac can

still make use of the period.
(D) No, Gary cannot compel Isaac to
immediately pay the loan. Equity dictates

that Gary should have granted a reasonable
extension of time for Isaac to deliver his

Toyota Innova. It would be unfair and
burdensome for Isaac to pay

the P1,000,000 simplybecause the
promised security was not delivered.
SUGGESTED ANSWER:
(A) Yes, Gary can compel Isaac to
immediately pay the loan. Non-
compliance with the promised guaranty

In 2008, Lita met and married Jaime. They
Under Art 1198 (2) of the Civil Code, the
now have a child of their own.
debtor shall lose every right to make use
While on a tour with her former high school
of the period when he does not furnish
classmates in a remote province of China in
to the creditor the guaranties or
2010, Lita was surprised to see Lito or
securities which he has promised. somebody who looked exactly like him, but
she was sure it was Lito because of the

VII. Lito was a commercial pilot who flew for extreme surprise that registered in his face
Pacific-Micronesian Air. In 1998, he was the
when he also saw her. Shocked, she
co-pilot of the airline's Flight MA916 that immediately fled to her hotel and post haste
mysteriously disappeared two hours after
returned to the country the next day. Lita
take-off from Agana, Guam, presumably
now comes to you for legal advice. She asks
over the Pacific Ocean. No trace of the plane
you the following questions:
and its 105 passengers and crew was ever
found despite diligent search; Lito himself VII. (l) If Lito is alive, what is the status of
was never heard of again. Lito left behind his marriage to Lita? (1%)
his wife, Lita, and their two children.
Leroy Satchel Paige
Page 125 of 180
(A) The marriage is valid because Lita's

marriage to Lito was terminated upon Lito's
(A) The marriage subsists because the
disappearance for more than seven years.
marital bond has not been terminated by
death.
(B) The marriage was terminated when Lita

married Jaime.
(C) The marriage subsists because Lita's
marriage to Jaime is void.
(D) The marriage is terminated because Lito

is presumed dead after his plane has been
missing for more than 4 years.
(E) The marriage can be formally declared

terminated if Lito would not resurface.
SUGGESTED ANSWER:
(C) The marriage subsists because Lita's
marriage to Jaime is void.
For the purpose of contracting the
subsequent marriage under Art 41 of the
Family Code, the spouse present must
institute a summary proceeding as
provided in the Family Code for the
declaration of presumptive death of the
absentee, without prejudice to the effect
of the reappearance of the absent
spouse.
VII. (2) If Lito is alive, what is the status of

Lita's marriage to Jaime? (1%)
he shall be presumed dead doe all
(B) The marriage is valid. After an absence purposes, except for those of succession.
of more than 10 years, Lito is already This provision was not repealed by the
presumed dead for all purposes. present Family Code. Applying this to
(C) The marriage is void. Lito's mere the problem, (A) may be correct. (B) may
absence, however lengthy, is insufficient to also be correct. (C) and
authorize Lita to contract a subsequent
(D) may also be correct under Art 41 of
marriage.
the Family Code.
(D) The marriage is void. If Lito is indeed
alive, his marriage to Lita was never
VIII.Which of the following actions or
dissolved and they can resume their
defenses are meritorious: (1%)
marital relations at any time.
(A) An action for recovery of down

SUGGESTED ANSWER:
payment paid under a rescinded oral sale
Any answer is correct.
of real property.
Under Art 390 of the Civil Code, after an
(B) A defense in an action for ejectment that
absence of seven years, it being unknown the lessor verbally promised to extend or
whether or not the absentee still lives, renew the lease.
Leroy Satchel Paige
Page 126 of 180
cancel the contract, the vendee likewise
(C) An action for payment of sum of money can file an action for the recovery of the
filed against one who orally promised to down payment on the basis of solution
answer another's debt in case the latter indebiti.
defaults.
(D) A defense in an action for damages that
the debtor has sufficient, but unliquidated

assets to satisfy the credit acquired when it
becomes due.
SUGGESTED ANSWER:
(A) An action for recovery of down
payment paid under a rescinded oral sale
of real property.
An oral sale of real property is an
unenforceable contract under the
Statute of Frauds. Since, in the problem,
the vendee paid down payment, it takes
it out of the ambit of Statute of Frauds.
The rescission here must be in the sense
of resolution of the reciprocal obligation
arising from the contract of sale. If
rescinded (resolved) by the vendee on
account of the vendors failure to deliver
the thing sold, the parties will go back to
their status prior to the contract. If the
vendor refuses to return the down
payment, then the vendee can file an
action to recover the down payment.
If, on the other hand, the vendor and the
vendee mutually agree to rescind i.e.

can be enforced in a court action. (Art
1403, Civil Code)
ALTERNATIVE ANSWER: (d) The fact that a debtor has
(E) None of the above. unliquidated assets does not excuse him
(a) The recovery of the down payments from paying his debt.
should be made in the same action for (e) In the technical meaning of rescission
rescission. Otherwise, it would be a under Art 1191 of the Civil Code will be
ground for dismissal under Rule 2, Sec 4 adhered to, then there is no absolutely
of Rules of Court. correct answer. Hence, letter E is also a
(b) Lease of a real property is covered by possible answer.
the Statute of Frauds. Furthermore, it
also consists of interest in real property. IX. Betty entrusted to her agent, Aida,
Hence, it must be in writing. (Art 1403, several pieces of jewelry to be sold on
commission with the express obligation to

Civil Code)
turn over to Betty the proceeds of the sale,
(c) A contract of guaranty is a promise to
or to return the jewelries if not sold in a
answer for the debt of another and
month's time. Instead of selling the
hence, it is also covered by the Statute
jewelries, Aida pawned them with the
of Frauds. It must be in writing before it
Leroy Satchel Paige
Page 127 of 180
reimbursed for the pawn value of the

jewelries.
Tambunting Pawnshop, and used the
money for herself. Aida failed to redeem the

pawned jewelries and after a month, Betty
discovered what Aida had done. Betty

brought criminal charges which resulted in
Aida's conviction for estafa.
Betty thereafter filed an action against
Tambunting Pawnshop for the recovery of

the jewelries. Tambunting raised the
defense of ownership, additionally arguing

that it is duly licensed to engage in the
pawnshop and lending business, and that it

accepted the mortgage of the jewelry in
good faith and in the regular course of its

business.
If you were the judge, how will you decide

the case? (1%)
(A) I will rule in favor of Betty. My ruling
is based on the Civil Code provision that
one who has lost any movable or has
been unlawfully deprived thereof may
recover it from the person in possession
of the same. Tam bunting's claim of good
faith is inconsequential.
(B) I will rule in favor of Betty.

Tambunting's claim of good faith pales into
insignificance in light of the unlawful

deprivation of the jewelries. However, equity
dictates that Tambunting must be

Although possession of movable property
(C) I will rule in favor of Tambunting. Its acquired in good faith is equivalent to a
good faith takes precedence over the right title, nevertheless, one who has lost any
of Betty to recover the jewelries. movable or has been unlawfully deprived
(D) I will rule in favor of Tambunting. Good thereof may recover it from the person
faith is always presumed. Tambunting's in possession of the same. Betty has
lawful acquisition in the ordinary course of been deprived unlawfully of her jewelries
business coupled with good faith gives it
by the estafa committed by Aida. The
legal right over the jewelries.
pledge of the said jewelries by Aida to
Tambunting pawnshop is void because

SUGGESTED ANSWER:
the pledgor is not the owner (Art 2085
(A) I will rule in favor of Betty. My ruling
(2), Civil Code). Tambuntings claim of
is based on the Civil Code provision that
good faith is inconsequential, because,
one who has lost any movable or has
aside from good faith, Tambunting must
been unlawfully deprived thereof may
prove also that it acquired the jewelries
recover it from the person in possession
at a public sale in order to be able to
of the same. Tam bunting's claim of good
retain the jewelries until reimbursed by
faith is inconsequential.
Leroy Satchel Paige
Page 128 of 180
dismiss, claiming that the lease on which

the action is based, is unenforceable.
Betty the amount of loan including
interest (Art 559, Civil Code).
The only exception the law allows is
when there is acquisition in good faith of
the possessor at a public sale, in which
case, the owner cannot obtain its return
without reimbursing the price (Dizon v.
Suntay, 47 SCRA 160, Sept 29, 1972).
X. Arlene owns a row of apartment houses

in Kamuning, Quezon City. She agreed to
lease Apartment No. 1 to Janet for a period

of 18 months at the rate of P10,000 per
month. The lease was not covered by any

contract. Janet promptly gave Arlene two
(2) months deposit and 18 checks covering
the rental payment for 18 months. This

show of good faith prompted Arlene to
promise Janet that should Arlene decide to

sell the property, she would give Janet the
right of first refusal.
X. (1) Not long after Janet moved in, she

received news that her application for a
Master of Laws scholarship at King's

College in London had been approved.
Since her acceptance of the scholarship

entailed a transfer of residence, Janet asked
Arlene to return the advance rental

payments she made. Arlene refused,
prompting Janet to file an action to recover

the payments. Arlene filed a motion to
seek to enforce any right under the
If you were the judge, would you grant contract of lease.
Arlene's motion? (1%)

SUGGESTED ANSWER:
(A) Yes, I will grant the motion because the (D) No. I will not grant the motion
lease contract between Arlene and Janet because the cause of action does not
was not in writing, hence, Janet may not seek to enforce any right under the
enforce any right arising from the same contract of lease.
contract.
Janet is not asking for the continued use
(B) No, I will not grant the motion because
of the leased premises. Moreover, the
to allow Arlene to retain the advance
contract is aside the ambit of the
payments would amount to unjust
Statute of Frauds as the same has
enrichment.
already been partially performed.
(C) Yes, I will grant the motion because the
action for recovery is premature; Janet

X. (2)Assume that Janet decided not to
should first secure a judicial rescission of
accept the scholarship and continued
the contract of lease.
leasing Apartment No. 1. Midway through
(D) No. I will not grant the motion
because the cause of action does not
Leroy Satchel Paige
Page 129 of 180
The right of first refusal involves a
the lease period, Arlene decided to sell transfer of interest in the real property.
Apartment No. 1 to Jun in breach of her As such, it is covered by the Statute of
promise to Janet to grant her the right of
first refusal. Thus, Janet filed an action

seeking the recognition of her right of first
refusal, the payment of damages for the

violation of this right, and the rescission of
the sale between Arlene and Jun.
Is Janet's action meritorious? (1%)
(A) Yes, under the Civil Code, a promise to

buy and sell a determinate thing is
reciprocally demandable.
(B) No, the promise to buy and sell a

determinate thing was not supported by a
consideration.
(C) Yes, Janet's right of first refusal was

clearly violated when the property was not
offered for sale to her before it was sold to

Jun.
(D) No, a right of first refusal involves an
interest over real property that must be
embodied in a written contract to be
enforceable.
SUGGESTED ANSWER:
(D) No, a right of first refusal involves an
interest over real property that must be
embodied in a written contract to be
enforceable.
d) Juridical capacity cannot exist
Frauds under Art 1403 (2)(e) of the Civil without capacity to act.
Code. It must be in writing in order to be

2. Which of the following is NOT a
enforceable.
restriction on ones capacity to act?
a) Minority
b) Marriage
c) Deaf-mute
MCQ (October 14, 2012) d) Civil Interdiction
1. Which of the following is NOT included in SUGGESTED ANSWER:

the attributes of juridical capacity? This question should be disregarded.
a) Juridical capacity is inherent in (NOTE: There is no correct answer among
every natural person, and therefore the choices given. All choices are restrictions
it is not acquired. on ones capacity to act. While Marriage is
b) Juridical capacity is lost only the only one not mentioned in Articles 38
through death. and 39 of the NCC as a restriction on
c) Juridical capacity is the fitness to
be the subject of legal relations.
Leroy Satchel Paige
Page 130 of 180
capacity to act, it restricts the capacity of a b) Yes, the will is not valid under
married person in cases of adoption.) Philippine law.
c) No, attestation clause is not an

3. This attribute or incident of a case
act of the testator.
determine whether it is a conflict-of-laws
d) No, the governing law is
case or one covered by domestic law.
Spanish law.
a) Cause of action
b) Foreign element
Note: The facts do not state the Law
c) Jurisdiction
observed by the testator in executing his
d) Forum non conveniens
will. He could have observed Spanish Law
or Philippine Law (see comment of Tolentino

4. The capacity of an heir to succeed shall
to Art. 815 NCC in 3Tolentino117, 1992). If
be governed by the:
he observed Spanish Law, the opposition is
a) national law of the decedents
not correct because the will is valid under
heirs
Spanish Law, hence choice (d) is the correct
b) law of the country where the
answer. If he observed Philippine Law, the
decedent was a resident at the time
opposition is still not correct because
of his death
Philippine Law does not require the testator
c) national law of the person who
to sign the Attestation Clause of his will,
died
said clause not being his act. In such case,
d) law of the country where the
choice (c) is the correct answer).
properties of the decedent are
located.
6. Ramon, a Filipino, executed a will in
Manila, where he left his house and located
5. Atty. BUKO, a Filipino, executed a will
in BP Homes Paraaque in favor of his
while he was in Spain. The attestation
Filipino son, Ramgen. Ramons other
clause of the said will does not contain
children RJ and Ramona, both Turkish
Bukos signature. It is valid under Spanish
nationals, are disputing the bequest to
law. At its probate in Manila, it is being
Ramgen. They plotted to kill Ramgen.
opposed on the ground that the attestation
Ramon learned of the plot, so he tore his
clause does not contain BUKOs signature.
will in two pieces out of anger. Which
Is the opposition correct? Choose the best
statement is most accurate?
answer..
a) Yes, because it is a fatal defect.

a) The mere act of Ramon Sr. is readable.
immaterial because the will is still
Leroy Satchel Paige
Page 131 of 180
b) Philippine law
c) Indonesia law
b) The mere act of tearing the will
amounts to revocation. d) Japanese law
c) The tearing of the will may
amount to revocation if coupled
with intent of revoking it.
d) The act of tearing the will is

material.
7. Even if the applicable law is a foreign
law, a count in the Philippines may be

constrained to apply Philippine law under
any of the following instances, except:
a) when the foreign law, judgment or
contract is contrary to a sound and

important public policy of the
forum;
b) when the property subject of
the case is located outside of the
Philippines;
c) when the foreign law or
judgment is penal in nature;
d) when the foreign law is
procedural in nature.
8. If a will is executed by a testator who was

born a Filipino citizen but became
naturalized Japanese citizen at the time of

his death, what law will govern its
testamentary provisions if the will is

executed in China and the property being
disposed is located in Indonesia?
a) Chinese law
a) American law
b) Philippine law
9. A Japanese national and a Filipino c) Canadian law

d) Japanese law
national entered into a contract for services
in Thailand. The services will be rendered

11. A French national revokes his will in
in Singapore. In case of breach, what law
Japan where he is domiciled. He then
will govern?
changed his domicile to the Philippines
a) Thailand law
where he died. The revocation of his will in
b) Philippine law
Japan is valid under Japanese law but
c) Singapore law
invalid under Philippine law. The affected
d) Japanese law
heir is a Malaysian national residing in the
10. Pedro (Filipino) and his wife Jane Philippines. What law will apply?
(American) executed a joint will in Canada, a) Japanese law
where such joint will is valid. In case the b) Philippine law
joint will is probated in Japan, what law c) French law

d) Malaysian law
will govern the formalities of the joint will?
Leroy Satchel Paige
Page 132 of 180
construction, Bill will transfer and convey

his cattle ranch located in Japan in favor of
12. In the absence of contrary stipulation in
Pedro. In case Pedro performs his
a marriage settlement, property relations of
Filipino spouses shall be governed by ---
a) Philippines laws
b) Law of the place where the
spouses reside
c) Law of the place where the

properties are situated
d) Law of the place where they were

married.
13. The will of a Filipino executed in a

foreign country ---
a) cannot be probated in the

Philippines;
b) may be probated in the
Philippines provided that properties

in the estate are located in the
Philippines;
c) cannot be probated before the

death of the testator;
d) may be probated in the
Philippines provided it was
executed in accordance with the
laws of the place where the will
was executed.
14. Pedro (Filipino and Bill (American)

entered into a contract in Australia,
whereby it was agreed that Pedro will build

a commercial building for Bill in the
Philippines, and in payment for the

Filipino), by whom she had a daughter,
Regine. In 2009, Regine married James
obligation, but Bill fails or refuses to pay,
(son of Justine with Lea) in California,
what law will govern?
where such marriage is valid.
a) American law
b) Philippine law
15. What is the current status of the
c) Australian law
marriage of Charice and Justine under
d) Japanese law
Philippine laws?
(Facts for item numbers 15-18)
a) Valid
In 1989, Charice (Filipina) and Justine
b) Void
(American), were married in the
c) Voidable
Philippines. In 1990, they separated and
d) Dissolved
Justine went to Las Vegas where he
(Note: While Art 26 of the FC does not
obtained a divorce in the same year. He
categorically provide that the first marriage
then married another Filipina, Lea, in
is dissolved by the divorce obtained by the
Canada on January 1, 1992. They had two
foreign spouse abroad, but provides that
(2) sons, James and John (who were both
such divorce merely gives the Filipino spouse
born in 1992). In 1993, after failing to hear
the capacity to contract a second marriage, it
from Justine, Charice married Bugoy (a
Leroy Satchel Paige
Page 133 of 180
complaint for immorality in the Supreme
Court, thus preventing him from taking

is believed that the dissolution of the first
marriage us the necessary consequence of
the foreign divorce.)
16. What id the status of the marriage

between Charice and Bugoy under
Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
17. What is the status of the marriage

between Charice and Bugoy under
Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
18. What is the status of the marriage

between Regine and James under
Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
19. Ricky and Princess were sweethearts.

Princess became pregnant. Knowing that
Ricky is preparing for the examinations,

Marforth, a lawyer and cousin of Princess,
threatened Ricky with the filing of a

20. Audrey, single, bought a parcel of land
examinations unless he marries Princess.
in Malolos City from Franco for P 1Million.
As a consequence of the threat, Ricky
A contract was executed between them
married Princess. Can the marriage be
which already vested upon Audrey full
annulled on the ground of intimidation
ownership of the property, although payable
under Article 45 of the Family Code?
in monthly installments for a period of four
Choose the best answer.
(4) years. One (1) year after the execution of
a) Yes, because without the threat,
the contract, Audrey got married to Arnel.
Ricky would not have married
They executed a marriage settlement
Princess.
whereby they agreed that their properties
b) Yes, because the threat to enforce
shall be governed by the regime of conjugal
the claim of Princess vitiates the
partnership of gains. Thereafter,
consent of Ricky in contracting the
subsequent installments were paid from the
marriage.
conjugal partnership funds. Is the land
c) No, because the threat made by
conjugal or paraphernal?
Marforth is just and legal.
d) No, because Marforth is not a
party to the contract of marriage

between Princess and Ricky.
Leroy Satchel Paige
Page 134 of 180
Australia, a marriage solemnized by a

consular official is valid, provided that such
a) The land is conjugal because the
marriage is celebrated in accordance with
installments were paid from the
conjugal partnership funds.
b) The land is paraphernal
because ownership thereof was
acquired before the marriage.
c) The land is both conjugal and
paraphernal funds of installments

were paid from both the personal
funds of Audrey and the conjugal

partnership funds.
d) The land is paraphernal because
it was Audrey who purchased the

same.
21. Ernesto donated a mobile phone
worth P 32,000 to Hubert orally and

delivered the unit to Hubert who accepted.
Which statement is most accurate?
a) The donation is void and
Ernesto may get mobile phone
back.
b) The donation is void but Ernesto
cannot get the mobile phone back.
c) The donation is voidable and may
be anulled.
d) The donation is valid.
22. Agay, a Filipino citizen and Topacio, an

Australian citizen, got married in the
consular office of the Philippines in

Australia. According to the laws of
d) Valid, because such marriage is
recognized as valid in the place

the laws of such consular official. Under
where it was celebrated.
Philippine law, what is the status of the
marriage of Agay and Topacio? Choose the
(Note: The issues in the problem is whether
best answer.
or not the fact that one of the parties to the
a) Void, because the consular
marriage was an alien constituted absence
official only has authority to
of authority or mere irregularity of authority.
solemnize marriages between
The problem only give the choice, letter (a),
Filipinos.
in case it is interpreted as absence of
b) Valid, because according to the authority. The problem does not give a
laws of Australia, such consular choice in case it is interpreted as an
official has authority to celebrate irregularity thereby making all the other
the marriage. answers wrong).
c) Voidable, because there is an
irregularity in the authority of the

consular official to solemnize 23. Separation of property between spouses
marriages. during the marriage may take place only:
a) by agreement of the spouses.
Leroy Satchel Paige
Page 135 of 180
b) If one of the spouses has given b) No trial shall be held without the
ground for legal separation. 6-month cooling off period being
c) Upon order of the court. observed.
d) If one spouse has abandoned the c) The spouses will be entitled to live
other. separately upon the start of the
trial.
24. The husband may impugn the d) The prosecuting attorney has
legitimacy of his child but not on the to conduct his own investigation.
ground that:
a) the wife is suspected of27. A husband by chance discovered

infidelity. hidden treasure on the paraphernal
b) the husband had a serious illness property of his wife. Who owns the
that prevented him from engaging in discovered treasure?
sexual intercourse. a) The half pertaining to the
c) they were living apart. husband (finder) belongs to the
d) he is physically incapable of conjugal partnership.
sexual intercourse. b) The half pertaining to the wife (as
owner) belongs to the conjugal
25. A marriage is void if: partnership.
a) solemnized with a marriage c) One half shall belong to the
license issued without complying husband as finder and the other
with the required 10-day posting. half shall belong to the wife as
b) solemnized by a minister whom owner of the property.
the parties believe to have the d) a and b
authority.
c) between parties both 23 years of 28. Which of the following marriages is void
age but without parental advice. for reasons of public policy?
d) none of the above a) Between brothers and sisters,
whether of the full or half blood.
26. In legal separation, which is not b) Between step-parents and step
correct? children.
a) The aggrieved spouse may file the c) Between parents-in-law and
action within five (5) years from the children-in-law.
time of the occurrence of the cause. d) b and c
Leroy Satchel Paige
Page 136 of 180
d) The donation must be made in
favor of one or both of the future

29. The following constitute the different
spouses.
circumstances or case of fraud which will
serves as ground for the annulment of a
31. Who are illegitimate children?
marriage, except?
a) Non-disclosure of the previous
conviction by final judgment of the

other party of a crime involving
moral turpitude.
b) Concealment of a sexually-
transmissible disease, regardless of

its nature, existing at the time of the
marriage.
c) Concealment of drug addiction,
habitual alcoholism, homosexuality

or lesbianism existing at the time of
marriage.
d) Concealment by the wife or the
husband of the fact of sexual
relations prior to the marriage.
30. Which of the following is not a requisite

for a valid donation propter nuptias?
a) The donation must be made
before the celebration of the

marriage.
b) The donation shall be
automatically revoked in case of
non-celebration of the marriage.
c) The donation must be made in
consideration of the marriage.

a) Filiation has been recognized by
the father through the record of
a) Children conceived or born
birth appearing in the civil register
outside a valid marriage.
b) Admission of filiation by the
b) Children born under a valid
father in a public document.
marriage, which was later declared
c) Private handwritten instrument is
void because of the psychological
made by the father acknowledging
incapacity of either or both of the
his filiation.
spouses.
d) Affidavit by the mother stating
c) Children conceived and born
the name of his true father.
outside a valid marriage.
d) Children born under a valid

33. Under RA 8043, an adopter is required
marriage, but the parents later
to be at least ____ years old and ____ years
obtained a legal separation.
older than the child to be adopted at the
time of the application unless the adopter is

32. An illegitimate child may use the
the parent by nature of the child.
surname of his father when his filiation is
a) 30 and 15
established in any of the following
b) 27 and 16
instances, except:
Leroy Satchel Paige
Page 137 of 180
c) 50 and 10 d) Subjects the child or allows him

d) 18 and 15 to be subjected to acts of
lasciviousness.
34. Under RA 8043, a child qualified to be
adopted is any person below _____ years 37. Which of the following statements
old. is wrong?
a) 18 a) The possessor in bad faith shall
b) 21 reimburse the fruits received and
c) 15 those which the legitimate possessor
d) 16 could have received.
b) The possessor in bad faith has

35. Which of the following DOES NOT
right of reimbursement for
result in permanent termination of parental
necessary expenses and those for
authority?
the production, gathering and
a) Death of the parents.
preservation of the fruits.
b) Death of the child.
c) The possessor in bad faith is not
c) Emancipation of the child.
entitled to a refund of ornamental
d) Conviction of the parents of a
expenses.
crime which carries with it the
d) The possessor in bad faith is
penalty of civil interdiction.
entitled to a refund of useful
expenses.
36. The court, in an action filed for the
purpose, may suspend parental authority if
38. Which phrase most accurately
the parent or the person exercising parental
completes the statement The expenses
authority commits any of the following acts,
incurred in improvements for the luxury or
except:
mere pleasure shall not be refunded to thew
a) Treats the child with excessive
possessor in bad faith:
harshness or cruelty.
a) but he may remove the objects
b) Gives the child corrupting orders,
for which such expenses have
counsel or example.
been incurred, provided that the
c) Compels the child to take up a
thing suffers no injury thereby,
course in college against his/her
will.
and that the lawful possessor does
not prefer to retain them.
Leroy Satchel Paige
Page 138 of 180
41. Action to recover real property based on

ownership. Here, the object is the recovery
b) and he may not remove the
objects for which such expenses
have been incurred.
c) and he may not remove the

objects for which such expenses
have been incurred, unless he pays

the value they may have at the time
he entered into possession.
d) but he may remove the objects for

which such expenses have been
incurred.
39. The following are the limitations on the

right of ownership imposed by the owner
himself, except:
a) Will/Succession
b) Mortgage
c) Pledge
d) Lease
40. 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 expiration of one (1) year. What action is

being referred to?
a) Accion publiciana
b) Accion reinvindicatoria
c) Accion interdictal
d) Quieting of Title
43. The following things are property of
public dominion, except:
of the dominion over the property as owner.
a) ports and bridges constructed by
What action is being referred to?
the State.
b) vehicles and weapons of the
b) Accion reinvindicatoria
Armed Forces of the Philippines.
c) Accion interdictal
c) rivers.
d) Quieting of Title
d) lands reclaimed by the state from
42. A summary action to recover physical the sea.
or material possession only and must be

SUGGESTED ANSWER:
brought within one (1) year from the time
This question should be disregarded
the cause of action arises. What action is
because there is no correct answer.
being referred to?
(Note: At first glance, one gets the impression
b) Accion reinvindicatoria that vehicles and weapons of the AFP are
c) Accion interdictal not property of the public domain. But they
d) Quieting of Title are actually property of the public dominion
under the second paragraph of Art 420 of
Leroy Satchel Paige
Page 139 of 180
46. Donation is perfected from the moment
---
the NCC. Property of the state which are not
for public use but are intended for some
public service are properties of the public
dominion. While the vehicles and weapons
of the AFP are not for public use, they are
used for the defense of the State which is a
public service.)
44. Which of the following statements
is wrong?
a) patrimonial property of the
state, when no longer intended for
public use or for public service,
shall become property of public
dominion.
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.
45. The following cannot ask for the
reduction of inofficious donation, except:
a) Creditors of the deceased

b) Devisees or legatees
c) Compulsory heirs of the donor

d) The surviving spouse of the
donee.
48. It is a conduct that may consist of
a) the donee accepts the donation.
giving, doing, or not doing something.
b) the donor executes the deed of
a) Obligation
donation. b) Juridical necessity
c) the donor knows of the donees c) Prestation
acceptance even if the latter has d) Contract
not received the copy of the deed 49. It is a juridical relation arising
from lawful, voluntary and unilateral acts
of donation.
based on the principle that no one should
d) the donee confirms that the
unjustly enrich himself at the expense of
donor has learned the formers
another.
acceptance.
a) Quasi-contract
47. The following are the elements of an b) Quasi-delict

c) Cotract
obligation, except:
d) Delict
a) Juridical/Legal Tie
b) Active subject
50. The following are the elements of quasi-
c) Passive subject
delict, except:
d) Consideration
Leroy Satchel Paige
Page 140 of 180
a) Act or omission 54. It is an international evasion of the

b) Fault/negligence faithful performance of the obligation.
c) Damage/injury a) Negligence
d) Pre-existing contract b) Fraud
c) Delay
51. A debtor is liable for damages in case of d) Mistake
delay if he is guilty of any of the following,
except: 55. The following are the requisites of
a) default (mora) fortuitous event, except:
b) mistake a) Cause is independent of the will

c) negligence (culpa) of the debtor.
d) breach through contravention of b) The event
the tenor thereof is unforeseeable/unavoidable.
c) Occurrence renders it absolutely

52. This term refers to a delay on the part impossible for the debtor to fulfill his
of both the debtor and creditor in reciprocal obligation in a normal manner;
obligations. impossibility must be absolute not
a) Mora accipiendi partial, otherwise not force majeure.
b) Mora solvendi
d) Debtor contributed to the
c) Compensation morae
aggravation of the injury to the
d) Solution indibiti
creditor.
53. The following are the requisites of mora

56. A debtor may still be held liable for loss
solvendi, except:
or damages even if it was caused by a
a) Obligation pertains to the debtor
fortuitous event in any of the following
and is determinate, due,
instances, except:
demandable, and liquidated.
a) The debtor is guilty of dolo, malice
b) Obligation was performed on its
or bad faith, has promised the same
maturity date.
thing to two or more persons who do
c) There is judicial or extrajudicial
not have the same interest.
demand by the creditor.
b) The debtor contributed to the
d) Failure of the debtor to comply
loss.
with such demand.
c) The thing to be delivered is
generic.
Leroy Satchel Paige
Page 141 of 180
b) No, because the creditor may
d) The creditor is guilty of fraud, proceed against any one of the
negligence or delay or if he solidary debtors or some or all of
contravened the tenor of the them simultaneously.
obligation.
57. Buko, Fermin and Toti bound
themselves solidarily to pay Ayee the

amount of P 5,000.00. Suppose Buko paid
the obligation, what is his right as against

his co-debtors?
a) Buko cas ask for
reimbursement from Fermin and
Toti.
b) Buko can sue Fermin and Toti for
damages.
c) Buko can sue for rescission.
d) Buko can claim a refund from
Ayee.
58. Buko, Fermin and Toti bound
themselves solidarily to pay Ayee the sum of

P 10,000.00. When the obligation became
due and demandable, Ayee sued Buko for

the payment of the P 10,000.00. Buko
moved to dismiss on the ground that there

was failure to implead Fermin and Toti who
are indispensable parties. Will the motion

to dismiss prosper? Why?
a) Yes, because Fermin and Toti
should have been impleaded as their
obligation is solidary.
c) No, because in solidary obligation
any one of the solidary debtors can

c) No, because a motion to dismiss
pay the entire debt.
is a prohibited pleading.
d) Yes, because Fermin and Toti d) Yes, because Fermin and Toti will
should also pay their share of the be unduly enriched at the expense
obligation. of Buko.
59. Buko, Fermin and Toti are solidarily 60. Buko, Fermin and Toti are solidary
debtors of Ayee. Twelve (12) years after the debtors under a loan obligation of P
obligation became due and demandable, 300,000.00 which has fallen due. The
Buko paid Ayee and later on asked for creditor has, however, condoned Fermins
reimbursement of Fermins and Totis entire share in the debt. Since Toti has
shares. Is Buko correct? Why? become insolvent, the creditor makes a
demand on Buko to pay the debt. How

a) No, because the obligation has
much, if any, may Buko be compelled to
already prescribed.
pay?
b) Yes, because the obligation is
a) P 200.000.00
solidary.
b) P 300,000.00
c) P 100,000.00
Leroy Satchel Paige
Page 142 of 180
and also of the same quality if the

latter has been stated.
d) P 150,000.00
c) That the two (2) debts are not
61. Dina bought a car from Jai and yet due.
delivered a check in payment of the same.

Has Dina paid the obligation? Why?
a) No, not yet. The delivery of
promissory notes payable to
order, or bills of exchange or
other mercantile documents shall
produce the effect of payment
only when they have been cashed,
or when through the fault of the
creditor they have been impaired.
b) Yes, because a check is a valid
legal tender of payment.
c) It depends. If the check is a
managers check or cashiers check

it will produce the effect of payment.
If its an ordinary check, no

payment.
d) Yes, because a check is as good
as cash.
62. The following are the requisites of legal
compensation, except:
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 kind,

also to the natural consequences that flow
out of such agreement.
d) That they be liquidated and
a) Obligatory force of contracts
demandable.
b) Mutuality of contracts
63. Which of the following statements c) Autonomy of contracts
is correct? d) Relativity of contracts
a) All contracts are perfected by

65. It is a principle which holds that
mere consent.
contracts must be binding to both parties
b) All contracts are perfected by
and its validity and effectivity can never be
delivery of the object.
left to the will of one of the parties.
c) All contracts are required to be in
writing.
d) All contracts are required to
c) Autonomy of contracts
have a valid consideration.
d) Relativity of contracts
64. It is a principle which holds that parties 66. It refers to the rule that a contract
are bound not only by what has been is binding not only between
expressly provided for in the contract but
Leroy Satchel Paige
Page 143 of 180
a) Death, civil interdiction,
insanity/insolvency of either party
parties but extends to the heirs, successors
before acceptance is conveyed.
in interest, and assignees of the parties,
provided that the contract involved
transmissible rights by their nature, or by
stipulation or by law.

67. 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.

68. The following are the ways by which

innominate contracts are
regulated, except:
a) By the stipulation of the parties.
b) By the general principles of
quasi-contracts and delicts
c) By the rules governing the most
analogous nominate contracts.
d) By the customs of the place.

69. An offer becomes ineffective on any of
the following grounds, except:

specific acceptance.
d) Advertisements for Bidders
b) Acceptance of the offer by the
are only invitations to make
offeree. proposals and the advertiser is
c) Qualified/conditional acceptance not bound to accept the
of the offer, which becomes counter- highest/lowest bidder, unless it
offer. appears otherwise.

71. The following are solemn
d) Subject matter becomes
illegal/impossible before acceptance
contracts (Contracts which must appear in
is communicated.
writing), except:
70. Which of the following statements a) Donations of real estate or of
is correct? movables if the value
a) Offers in interrelated contracts exceeds P 5,000.00.
are perfected upon consent. b) Stipulation to pay interest in
b) Offers in interrelated contracts loans.
require a single acceptance. c) Sale of land through an agent
c) Business advertisements (authority must be in writing).

are definite offers that require
Leroy Satchel Paige
Page 144 of 180
d) Construction contract of a74. The following are the characteristics of

building. a voidable contract, except:
a) Effective until set aside.
72. The following are rescissible b) May be assailed/attacked only in
contracts, except: an action for that purpose.
a) Entered into by guardian c) Can be confirmed or ratified.
whenever ward suffers damage more d) Can be assailed only by either
than of value of property. party.
b) Agreed upon in representation of
absentees, if absentee suffers lesion 75. The following are void
by more than of value of property. contracts, except:
c) Contracts where fraud is a) Pactum commissorium
committed on creditor (accion b) Pactum de non alienando
pauliana). c) Pactum leonina
d) Contracts entered into by d) Pacto de retro
minors.
76. The borrower in a contract of loan or
73. The following are the requisites before a mutuum must pay interest to the lender.
contract entered into in fraud of creditors a) If there is an agreement in
may be rescinded, except: writing to the effect.
a) There must be credited existing b) As a matter of course.
prior to the celebration of the c) If the amount borrowed is very
contract. large.
b) There must be fraud, or at least, d) If the lender so demands at the
the intent to commit fraud to the maturity date.
prejudice of the creditor seeking
rescission. 77. The liability of the school, its
c) The creditor cannot in any legal administrators and teachers, or the
manner collect his credit (subsidiary individual, entity or institution engaged in
character of rescission) child care over the minor child or damage
d) The object of the contract must caused by the acts or omissions of the
be legally in the possession of a unemancipated minor while under their
rd supervision, instruction or custody shall be:
3 person in good faith.
a) Joint and subsidiary
b) Principal and solidary
Leroy Satchel Paige
Page 145 of 180
82. An obligation which is based on equity

and natural law is known as:
c) Principal and joint
a) pure
d) Subsidiary and solidary.
78. The creditor has the right to the fruits

of the thing from the time:
a) the thing is delivered.
b) the obligation to deliver the
things arises.
c) the contract is perfected.
d) the fruits are delivered.
79. If one of the parties to the contract is

without juridical capacity, the contract is:
a) voidable
b) rescissible
c) void
d) unenforceable
80. When both parties to the contract are

minors, the contract is:
a) voidable
b) rescissible
c) void
d) unenforceable
81. When the consent of one of the parties

was vitiated, the contract is:
a) voidable
b) rescissible
c) void
d) unenforceable
b) valid because all of the essential
b) quasi-contract requisites of a contract are present.
c) civil c) unenforceable because Michael
d) natural Fermin had no authority but he
sold the car in the name of Mr.

83. Consent was given by one in
Lacas, the owner.
representation of another but without
d) rescissible because the contract
authority. The contract is:
caused lesion to Atty. Buko.
a) voidable
b) rescissible 85. Which of the following contracts is void?

c) void a) An oral sale of a parcel of land.
d) unenforceable b) A sale of land by an agent in a
84. Michael Fermin, without the authority
public instrument where his
of Pascual Lacas, owner of a car, sold the
authority from the principal is
same car in the name of Mr. Lacas to Atty.
oral.
Buko. The contract between Atty. Buko and
c) A donation of a wrist watch
Mr. Lacas is ---
worth P 4,500.00.
a) void because of the absence of
consent from the owner, Mr. Lacas.
Leroy Satchel Paige
Page 146 of 180
b) If Aligada refused to deliver the
d) A relatively simulated contract land, Balane may successfully sue
86. Which of the following expresses a
correct principle of law? Choose the best

answer.
a) Failure to disclose facts when
there is a duty to reveal them, does

not constitute fraud.
b) Violence 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 ones claim
through competent authority, if the
claim is legal or just, does not vitiate

consent.
d) Absolute simulation of a
contract always results in a void
contract.
87. Aligada orally offered to sell his two-

hectare rice land to Balane for P 10Million.
The offer was orally accepted. By

agreement, the land was to be delivered
(through execution of a notarized Deed of

Sale) and the price was to be paid exactly
one-month from their oral agreement.

Which statement is most accurate?
a) If Aligada refuses to deliver the
land on the agreed date despite
payment by Balane, the latter may

not successfully sue Aligada
because the contract is oral.

the contract are not transmissible
by their nature, or by stipulation or
for fulfillment of the obligation even
by provision of law.
if he has not tendered payment of
the purchase price. c) If a contract should contain some
stipulation in favor of a third

c) The contract between the parties
person, he may demand its
is rescissible.
fulfillment provided he
d) The contract between the
communicated his acceptance to the
parties is subject to ratification
obligor before its revocation.
by the parties.
d) In contracts creating real
rights, third persons who come

88. Which of the following statements
is wrong? into possession of the object of
a) Creditors are protected in cases of the contract are not bound
contracts intended to defraud them. thereby.
b) Contracts take effect only
between the parties, their assign 89. Which phrase most accurately
and heirs, except in case where the completes the statement Any third person
rights and obligations arising from who induces another to violate his contract:
Leroy Satchel Paige
Page 147 of 180
c) Right to inherit
a) shall be liable for damages only if d) Agency
he is a party to the same contract.
b) shall be liable for damages to
the other contracting party.
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.
90. The requisites of succession are as
follows, except:
a) Death of decedent
b) Transmissible estate
c) Existence and capacity of
successor, designated by decedent

or law
d) Payment of Taxes
91. The characteristics of succession are as
follows, except:
a) It is a legal contract.
b) Only property, rights and
obligations to the extent of the value

of the inheritance are transmitted.
c) The transmission takes place only

at the time of death.
d) The transmission takes place

either by will or by operation of law.
92. The following rights are extinguished by
death, except:
a) Legal support
b) Parental authority
a) Entirely written;
b) Dated;
93. The attestation clause contains the c) Signed by testator himself
following, except: d) Notarized by a notary public.
a) the number of pages used;

95. The following are the grounds for
b) that the testator signed or caused
disallowance of wills, except:
another to sign the will and every
a) The formalities required by law
page thereof in the presence of the
have not been complied with.
instrumental witnesses;
c) notary public; b) The testator was insane or
mentally incapable of making will.

d) the instrumental witnesses
witnessed and signed the will and c) The will was executed through
all the pages thereof in the presence force or under duress, or influence
of the testator and one another. of fear or threats.
d) The will contains an attestation
94. The following are the formalities clause.

required in the execution of holographic
will, except:
Leroy Satchel Paige
Page 148 of 180
99. A contract granting a privilege to a

96. It is the omission in the testators will of
person, for which he has paid a
one, some or all of the compulsory heirs in
direct line, whether living at the time of
execution of the will or born after the death

of the testator. What principle is being
referred to?
a) reserva troncal
b) preterition
c) fideicommissary
d) disposicion captatoria
97. Any disposition made upon the
condition that the heir shall make some
provision in his will in favor of the testator

or of any other person shall be void. Here,
both the condition and the disposition are

void. What principle is being referred to?
a) reserva troncal
b) preterition
c) fideicommissary
d) disposicion captatoria
98. Which phrase most accurately

completes the statement If at the time the
contract of sale is perfected, the thing

which is the object of the contract has been
entirely lost:
a) the buyer bears the risk of loss.
b) the contract shall be without
any effect.
c) the seller bears the risk of loss.
d) the buyer may withdraw from the
contract.
authority is not reduced into
consideration, which gives him the right to writing.
buy certain merchandise or specified c) Sale of EGMs car by KRP, a
property, from another person, at anytime person stranger to EGM, without
within the agreed period, at a fixed price. EGMs consent or authority.
What contract is being referred to? d) Sale of EGMs piece of land by
a) Option Contract KRP, a person stranger to EGM,
b) Contract to Sell without EGMs consent or authority.
c) Contract of Sale
d) Lease
100. Which of the following contracts of
MCQ (November 13, 2011)
sale is void?
a) Sale of EGMs car by KRP, EGMs (1)When does a declaration of absence of a

agent, whose authority is not missing person take effect?
reduced into writing. (A) Immediately from the issuance of
b) Sale of EGMs piece of land by the declaration of absence.
KRP, EGMs agent, whose
Leroy Satchel Paige
Page 149 of 180
(4) Upon the proposal of a third person, a

new debtor substituted the original debtor
(B) 3 months after the publication of
without the latters consent. The creditor
the declaration of absence.
(C) 6 months after the publication
of the declaration of absence.
(D) 15 days from the issuance of the

declaration of absence.
(2) The authority that school administrators
exercise over school children under their

supervision, instruction, or custody is
called
(A) legal parental authority.

(B) substitute parental authority.
(C) ordinary parental authority.
(D) special parental authority.
(3) Can future inheritance be the subject of

a contract of sale?
(A) No, since it will put the

predecessor at the risk of harm from
a tempted buyer, contrary to public

policy.
(B) Yes, since the death of the

decedent is certain to occur.
(C) No, since the seller owns no
inheritance while his predecessor
lives.
(D) Yes, but on the condition that
the amount of the inheritance can

only be ascertained after the
obligations of the estate have been

paid.
avoid unjust enrichment on his
part.
accepted the substitution. Later, however,
the new debtor became insolvent and

(5) Lennie bought a business class ticket
defaulted in his obligation. What is the
from Alta Airlines. As she checked in, the
effect of the new debtors default upon the
manager downgraded her to economy on
original debtor?
the ground that a Congressman had to be
(A) The original debtor is freed of
accommodated in the business class.
liability since novation took place
Lennie suffered the discomfort and
and this relieved him of his
embarrassment of the downgrade. She sued
obligation. the airlines for quasi-delict but Alta Airlines
(B) The original debtor shall pay or countered that, since her travel was
perform the obligation with recourse governed by a contract between them, no
to the new debtor. quasi-delict could arise. Is the airline
(C) The original debtor remains correct?
liable since he gave no consent to (A) No, the breach of contract may
the substitution.
in fact be tortious as when it is
(D) The original debtor shall pay or
tainted as in this case with
perform 50% of the obligation to
Leroy Satchel Paige
Page 150 of 180
wedding, however, Y suddenly died of heart

attack. Can Ys heirs get the property?
arbitrariness, gross bad faith, and
malice.
(B) No, denying Lennie the comfort

and amenities of the business class
as provided in the ticket is a tortious

act.
(C) Yes, since the facts show a

breach of contract, not a quasi-
delict.
(D) Yes, since quasi-delict

presupposes the absence of a pre-
existing contractual relation

between the parties.
(6) Which of the following is an
indispensable requirement in an action for

"quieting of title" involving real property?
The plaintiff must
(A) be in actual possession of the

property.
(B) be the registered owner of the

property.
(C) have legal or equitable title to
the property.
(D) be the beneficial owner of the

property.
(7) X and Y were to marry in 3 months.

Meantime, to express his affection, X
donated a house and lot to Y, which

donation X wrote in a letter to Y. Y wrote
back, accepting the donation and took

possession of the property. Before the
the company of handsome boys. What legal
remedy does Lily have?
(A) No, since the marriage did not
(A) She can file an action for
take place.
(B) Yes, since all the requisites of a annulment of marriage on ground
donation of an immovable are of fraud.
present. (B) She can seek a declaration of
(C) No, since the donation and its nullity of the marriage based on
acceptance are not in a public Renes psychological incapacity.

(C) She can go abroad and file for
instrument.
divorce in a country that can grant
(D) Yes, since X freely donated the
it.
property to Y who became its owner.
(D) She has none since she had the
(8) Rene and Lily got married after a brief opportunity to examine the goods
courtship. After one month, Lily discovered and freely entered into the marriage.
that while Rene presented himself as a

(9) Lucio executed a simple deed of
macho man he was actually gay. He would
donation of P50 million on time deposit
not go to bed with her. He kept obscene
with a bank in favor of A, B, C, D, and E,
magazines of nude men and always sought
Leroy Satchel Paige
Page 151 of 180
Raffys right only with his

conformity.
without indicating the share of each donee.
All the donees accepted the donation in
writing. A, one of the donees, died. Will B,
C, D, and E get As share in the money?
(A) Yes, accretion will automatically
apply to the joint-donees in equal

shares.
(B) Yes, since the donors intention
is to give the whole of P50 million to

the jointdonees in equal shares.
(C) No, A"s share will revert to the
donor because accretion applies
only if the joint-donees are spouses.
(D) No, As share goes to his heirs
since the donation did not
provide for reversion to donor.
(10) Raul, Ester, and Rufus inherited a 10-
hectare land from their father. Before the

land could be partitioned, however, Raul
sold his hereditary right to Raffy, a stranger

to the family, for P5 million. Do Ester and
Rufus have a remedy for keeping the land

within their family?
(A) Yes, they may be subrogated to
Raffys right by reimbursing to
him within the required time
what he paid Raul.
(B) Yes, they may be subrogated to
Raffys right provided they buy him

out before he registers the sale.
(C) No, they can be subrogated to

(A) Its cause comes from the guilt
(D) No, since there was no of a spouse in a legal separation
impediment to Raul selling his case, the innocent-spouse having
inheritance to a stranger. died.
(B) The truth of its cause is denied

(11) When one exercises a right recognized and not sufficiently proved by
by law, knowing that he thereby causes an evidence.
injustice to another, the latter is entitled to (C) Its cause is not authorized by
recover damages. This is known as the the law.
principle of (D) Its cause is not specified.
(A) res ipsa loquitur.
(B) damnum absque injuria. (13) Manuel came to Manila and married
(C) vicarious liability. Marianne. Unknown to Marianne, Manuel
(D) abuse of rights. had been previously convicted in Palawan of
theft and served time for it. After Marianne
(12) Which of the following is NOT a basis learned of his previous conviction, she
for rendering a disinheritance defective or stopped living with him. Can Marianne seek
imperfect? the annulment of the
Leroy Satchel Paige
Page 152 of 180
(C) The children born before and

after the divorce are all legitimate
marriage based on Manuels nondisclosure
of his previous crime?
(A) No, since the assumption is that

marriage forgives all past wrongs.
(B) Yes, since the non-disclosure
of that crime is the equivalent of
fraud, which is a ground for
annulment.
(C) No, in case of doubt, the law

must be construed to preserve the
institution of marriage.
(D) No, since Manuel already served

the penalty for his crime.
(14) Arthur and Helen, both Filipinos, got
married and had 2 children. Arthur later

worked in Rome where he acquired Italian
citizenship. He got a divorce from Helen in

Rome but, on returning to the Philippines,
he realized his mistake, asked forgiveness of

his wife, and resumed living with her. They
had 2 more children. What is the status of

their 4 children?
(A) The children born before the
divorce are legitimate but those
born after it are not since Arthur
got the divorce when he had
ceased to be a Filipino.
(B) The divorce rendered illegitimate

the children born before it since the
marriage that begot them had been

nullified.
(16) The liability of the partners, including
industrial partners for partnership
since Philippine law does not
contracts entered into in its name and for
recognize divorce.
its account, when all partnership assets
(D) All the children are legitimate
have been exhausted is
since they were born of the same
(A) Pro-rata.
father and mother.
(B) Joint.
(15) Who can make a donation? (C) Solidary.
(A) All persons who can enter into (D) Voluntary.
contracts and dispose of their

(17) When can a missing person who left
property.
someone to administer his property be
(B) All persons who are of legal age
declared an absentee by the court? When
and suffer from no civil interdiction.
he has been missing for
(C) All persons who can make a last
(A) 2 years from the receipt of the
will and testament.
last news about him.
(D) All persons, whether natural or
(B) 7 years from the receipt of the
artificial, who own property.
Leroy Satchel Paige
Page 153 of 180
given the agent. The agent executed the

deed of absolute sale on behalf of his
(C) 10 years from the receipt of the
(D) 5 years from the receipt of the
(18) Which of the following claims against
the debtor enjoys preference over the others

with respect to his specific immovable
property and real rights?
(A) Unpaid price of real property

sold, upon the immovable property.
(B) Mortgage credits recorded in the

registry of property, upon the
mortgaged real estate.
(C) Taxes due, upon the land or
building.
(D) Expenses for the preservation
and improvement of property, when

the law authorizes reimbursement,
upon the preserved or improved

immovable.
(19) When bilateral contracts are vitiated

with vices of consent, they are rendered
(A) rescissible.
(B) void.
(C) unenforceable.
(D) voidable.
(20) An agent, authorized by a special
power of attorney to sell a land belonging to

the principal succeeded in selling the same
to a buyer according to the instructions

claimed that it was exempt from execution,
being a family home. Is this claim correct?
principal two days after the principal died,
(A) Yes, because while Bs parents
an event that neither the agent nor the
own the land, they agreed to have
buyer knew at the time of the sale. What is
their daughter build her family
the standing of the sale?
home on it.
(A) Voidable.
(B) No, because there is no judicial
(B) Valid.
declaration that it is a family home.
(C) Void.
(D) Unenforceable. (C) No, since the land does not
belong to A and B, it cannot

(21) Spouses A and B leased a piece of land qualify as a family home.
belonging to B's parents for 25 years. The (D) Yes, because the A and Bs
spouses built their house on it worth family actually lives in that house.
P300,000.00. Subsequently, in a case that
C filed against A and B, the court found the (22) Solomon sold his coconut plantation to
latter liable to C for P200,000.00. When the Aragon, Inc. for P100 million, payable in
sheriff was attaching their house for the installments of P10 million per month with
satisfaction of the judgment, A and B 6% interest per annum. Solomon married
Leroy Satchel Paige
Page 154 of 180
Lorna after 5 months and they chose (24) When A and B married, they chose
conjugal partnership of gains to govern conjugal partnership of gains to govern

their property relations. When they their property relations. After 3 years, B
married, Aragon had an unpaid balance of succeeded in getting her marriage to A
P50 million plus interest in Solomons favor. annulled on ground of the latters
To whom will Aragons monthly payments psychological incapacity. What liquidation
go after the marriage? procedure will they follow in disposing of
(A) The principal shall go to the their assets?
conjugal partnership but the (A) They will follow the rule
interests to Solomon. governing the liquidation of a
(B) Both principal and interests conjugal partnership of gains where
shall go to Solomon since they are the party who acted in bad faith
his exclusive properties. forfeits his share in the net profits.
(C) Both principal and interests (B) Since the marriage has been
shall go to the conjugal partnership declared void, the rule for
since these become due after the liquidation of absolute community of
marriage. property shall be followed.
(D) The principal shall go to (C) The liquidation of a co-
Solomon but the interests to the ownership applies since the
conjugal partnership. annulment brought their property
relation under the chapter on

(23) X and Y, although not suffering from
property regimes without
any impediment, cohabited as husband and
marriage.
wife without the benefit of marriage.
(D) The law on liquidation of
Following the birth of their child, the couple
partnerships applies.
got married. A year after, however, the court
(25) X and Y agreed verbally before their
annulled the marriage and issued a decree
marriage (a) on the paternity of the
of annulment. What is the present status of
illegitimate child of Y and (b) on the
the child?
economic regime that will govern X and Ys
(A) Legitimated.
property relations. Is the verbal agreement
(B) Illegitimate.
valid?
(C) Natural child.
(D) Legitimate.
(A) No, because a marriage
settlement to be valid should be
in writing.
Leroy Satchel Paige
Page 155 of 180
Fidels.
(B) Yes, since ante-nuptial

agreements need not be in writing.
(C) No, because a marriage
settlement cannot include an

agreement on the paternity of an
illegitimate child.
(D) Yes, since even if it is not a valid
marriage settlement, it is a valid

verbal contract.
(26) Spouses X and Y have a minor

daughter, Z, who needs support for her
education. Both X and Y, who are

financially distressed, could not give the
needed support to Z. As it happens, Zs

other relatives are financially capable of
giving that support. From whom may Z first

rightfully demand support? From her
(A) grandfather.
(B) brother.
(C) uncle.
(D) first cousin.
(27) Fidel, a Filipino with fair complexion,
married Gloria. Before the marriage, Gloria

confessed to Fidel that she was two-month
pregnant with the child of a black African

who had left the country for good. When
the child was born, Fidel could not accept it

being too black in complexion. What is the
status of the child?
(A) Illegitimate, because Gloria

confessed that the child is not
(B) Illegitimate, because by the color (29) In his will, the testator designated X as
of its skin, the child could not a legatee to receive P2 million for the
possibly be that of Fidel. purpose of buying an ambulance that the
(C) Legitimate, because the child residents of his Barangay can use. What
kind of institution is this?
was born within a valid marriage.
(A) a fideicomissary institution.
(D) Legitimate, because Fidel agreed
(B) a modal institution.
to treat the child as his own after
(C) a conditional institution.
Gloria told him who the father was.
(D) a collective institution.
(28) The husbands acts of forcibly ejecting

(30) X insured himself for P5 million,
his wife without just cause from the
designating Y, his wife, as his sole
conjugal dwelling and refusing to take her
beneficiary. The designation was
back constitutes
irrevocable. A few years later, X had their
(A) desertion.
marriage annulled in court on the ground
(B) recrimination.
that Y had an existing prior marriage. X
(C) constructive abandonment.
(D) de facto separation.
Leroy Satchel Paige
Page 156 of 180
(A) Marlon gets 1/4 and Cecilia gets

3/4.
subsequently died, Is Y entitled to the
(B) Marlon gets 2/3 and Cecilia 1/3.
insurance benefits?
(A) Yes, since the insurance was not
dependent on the marriage.
(B) Yes, since her designation as
beneficiary was irrevocable.
(C) No, Xs designation of Y is
revoked by operation of law upon
the annulment of their marriage
based on Ys fault.
(D) Yes, since without judicial
revocation, Xs designation of Y
remains valid and binding.
(31) May a spouse freely donate communal

or conjugal property without the consent of
the other?
(A) Absolutely not, since the spouses

co-own such property.
(B) Yes, for properties that the

family may spare, regardless of
value.
(C) Yes, provided the donation is
moderate and intended for charity
or family rejoicing.
(D) Yes, in a donation mortis causa

that the donor may still revoke in
his lifetime.
(32) The decedent died intestate leaving an
estate of P10 million. He left the following

heirs: a) Marlon, a legitimate child and b)
Cecilia, the legal spouse. Divide the estate.

(34) A buyer ordered 5,000 apples from the
seller at P20 per apple. The seller delivered
(C) Marlon gets 1/2 and Cecilia
6,000 apples. What are the rights and
gets 1/2.
obligations of the buyer?
(D) Marlon gets 3/4 and Cecilia 1/4.
(A) He can accept all 6,000 apples
(33) Contracts take effect only between the and pay the seller at P20 per
parties or their assigns and heirs, except apple.
where the rights and obligations arising (B) He can accept all 6,000 apples
from the contract are not transmissible by and pay a lesser price for the 1,000
their nature, by stipulation, or by provision excess apples.
of law. In the latter case, the assigns or the (C) He can keep the 6,000 apples
heirs are not bound by the contracts. This without paying for the 1,000 excess
is known as the principle of since the seller delivered them
(A) Relativity of contracts. anyway.
(B) Freedom to stipulate. (D) He can cancel the whole
(C) Mutuality of contracts. transaction since the seller violated

(D) Obligatory force of contracts. the terms of their agreement.
Leroy Satchel Paige
Page 157 of 180
(37) Acme Cannery produced sardines in

cans known as "Sards." Mylene bought a
(35) Lino entered into a contract to sell with
can of Sards from a store, ate it, and
Ramon, undertaking to convey to the latter
one of the five lots he owns, without
specifying which lot it was, for the price of

P1 million. Later, the parties could not
agree which of five lots he owned Lino

undertook to sell to Ramon. What is the
standing of the contract?
(A) Unenforceable.
(B) Voidable.
(C) Rescissible.
(D) Void.
(36) Knowing that the car had a hidden
crack in the engine, X sold it to Y without

informing the latter about it. In any event,
the deed of sale expressly stipulated that X

was not liable for hidden defects. Does Y
have the right to demand from X a

reimbursement of what he spent to repair
the engine plus damages?
(A) Yes. X is liable whether or not he

was aware of the hidden defect.
(B) Yes, since the defect was not
hidden; X knew of it but he acted
in bad faith in not disclosing the
fact to Y.
(C) No, because Y is in estoppel,

having changed engine without prior
demand.
(D) No, because Y waived the

warranty against hidden defects.
and Mylene has not overcome such
presumption.
suffered from poisoning caused by a
noxious substance found in the sardines.

(38) Fernando executed a will, prohibiting
Mylene filed a case for damages against
his wife Marina from remarrying after his
Acme. Which of the following defenses will
death, at the pain of the legacy of P100
hold?
Million in her favor becoming a nullity. But
(A) The expiry date of the "Sards"
a year after Fernandos death, Marina was
was clearly printed on its can,
so overwhelmed with love that she married
still the store sold and Mylene
another man. Is she entitled to the legacy,
bought it. the amount of which is well within the
(B) Mylene must have detected the capacity of the disposable free portion of
noxious substance in the sardines Fernandos estate?
by smell, yet she still ate it. (A) Yes, since the prohibition against
(C) Acme had no transaction with remarrying is absolute, it is deemed
Mylene; she bought the "Sards" from not written.
a store, not directly from Acme. (B) Yes, because the prohibition is
(D) Acme enjoys the presumption of inhuman and oppressive and
safeness of its canning procedure
Leroy Satchel Paige
Page 158 of 180
violates Marinas rights as a free (A) It is an ordinary donation

woman. since it was not given to the bride
(C) No, because the nullity of the
or groom.
prohibition also nullifies the legacy.
(B) It is donation propter nuptias
(D) No, since such prohibition is
since it was given with the marriage
authorized by law and is not in mind.
repressive; she could remarry but (C) It is an indirect donation propter
must give up the money. nuptias since the bride would
eventually inherit the property from
(39) X, the owner, constituted a 10-year her parents.
usufruct on his land as well as on the (D) It is a remunatory donation.
building standing on it in Ys favor. After
flood totally destroyed the building 5 years (41) X and Y, both Filipinos, were married
later, X told Y that an act of God terminated and resided in Spain although they intend
the usufruct and that he should vacate the to return to the Philippines at some future
land. Is X, the owner of the land, correct? time. They have not executed any marriage
(A) No, since the building was settlements. What law governs their
destroyed through no fault of Y. property relations?
(B) No, since Y still has the right (A) They may choose between
to use the land and the materials Spanish law and Philippine law.
left on it. (B) Philippine law since they are
(C) Yes, since Y cannot use the land both Filipinos.
without the building. (C) No regime of property relations
(D) Yes, since the destruction of the will apply to them.
building without the Xs fault (D) Spanish law since they live in
terminated the usufruct. Spain.
(40) In gratitude, the grooms parents made (42) Birth determines personality. Death
a donation of a property in writing to the extinguishes it. Under what circumstances
brides parents shortly before their may the personality of a deceased person
childrens wedding. The donation was continue to exist?
accepted. What is the nature of the (A) In case of re-appearance of a
donation? missing person presumed dead.

Leroy Satchel Paige
Page 159 of 180
(A) the brother or sister who needs

support lives in another place.
(B) In protecting the works of a
(B) such brothers and sisters are not
deceased under intellectual property
recognized by their father.
laws.
(C) In case of declaration of

presumptive death of a missing
spouse.
(D) In the settlement of the estate
of a deceased person.
(43) Six tenants sued X, the landowner, for

willfully denying them water for their farms,
which water happened to flow from land

under Xs control, his intention being to
force them to leave his properties. Is X

liable for his act and why?
(A) No, because the tenants must be

content with waiting for rainfall for
their farms.
(B) No, since X owns both the land

and the water.
(C) Yes, because the tenants farms

have the natural right of access to
water wherever it is located.
(D) Yes, since X willfully caused
injury to his tenants contrary to
morals, good customs or public
policy.
(44) Illegitimate brothers and sisters,

whether of full or half-blood, are bound to
support each other, EXCEPT when

(A) No, the child was 7 years old and
knew the dangers that the pool
(C) the brother or sister in need
offered.
stops schooling without valid
(B) Yes, being an attractive
reason.
nuisance, Virgilio had the duty to
(D) the need for support of a
prevent children from coming near
brother or sister, already of age, is
it.
due to the latter's fault.
(C) No, since the pool was bare
and had no enticing or alluring

(45) Virgilio owned a bare and simple
swimming pool in his garden. MB, a 7-year gadgets, floats, or devices in it
old child, surreptitiously entered the garden that would attract a 7-year old
and merrily romped around the ledges of child.
the pool. He accidentally tripped, fell into (D) Yes, since Virgilio did not cover
the pool, and drowned. MBs parents sued the swimming pool while not in use
Virgilio for damages arising from their to prevent children from falling into
childs death, premised on the principle of it.
"attractive nuisance". Is Virgilio liable for
the death of MB?
Leroy Satchel Paige
Page 160 of 180
(B) No, but Rex is entitled to recover

the value of the land from the
(46) The term of a 5-year lease contract
municipality.
between X the lessor and Y the lessee,
(C) No, the transfer of ownership has
where rents were paid from month to
been completed.
month, came to an end. Still, Y continued
using the property with Xs 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.
(B) under the same terms and

conditions as before.
(C) under the same terms except the

rent which they or the court must
fix.
(D) for only a year, with the rent

raised by 10% pursuant to the
rental control law.
(47) Rex, a philanthropist, donated a
valuable lot to the municipality on the
condition that it will build a public school on
such lot within 2 years from its acceptance of
the donation. The municipality properly
accepted the donation but did not yet build
the public school after 2 years. Can Rex
revoke the donation?
(A) Yes, since the donation is
subject to a resolutory condition
which was not fulfilled.

Without his consent, his friend Boyong paid
the whole loan. Since Asiong benefited from
(D) Yes, the donation is not deemed
the payment, can Boyong compel the bank
made until the suspensive condition
to subrogate him in its right as mortgagee
has been fulfilled.
of Asiong's land?
(48) Illegitimate children, those not (A) No, but the bank can foreclose
recognized by their biological fathers, shall and pay Boyong back.
use the surname of their (B) No, since Boyong paid for
(A) biological father subject to no Asiongs loan without his
condition. approval.
(B) mother or biological father, at (C) Yes, since a change of creditor
the mothers discretion. took place by novation with the
(C) mother. banks consent.
(D) biological father unless he (D) Yes, since it is but right that
judicially opposes it. Boyong be able to get back his

money and, if not, to foreclose the
(49) Asiong borrowed P1 million from a mortgage in the manner of the
bank, secured by a mortgage on his land. bank.
Leroy Satchel Paige
Page 161 of 180
(C) Yes, since the payment covers

the whole obligation.
(50) Congress passed a law imposing taxes
on income earned out of a particular

activity that was not previously taxed. The
law, however, taxed incomes already earned

within the fiscal year when the law took
effect. Is the law valid?
(A) No, because laws are intended to

be prospective, not retroactive.
(B) No, the law is arbitrary in that it

taxes income that has already been
spent.
(C) Yes, since tax laws are the

lifeblood of the nation.
(D) Yes, tax laws are an exception;
they can be given retroactive
effect.
(51) Rudolf borrowed P1 million from
Rodrigo and Fernando who acted as

solidary creditors. When the loan matured,
Rodrigo wrote a letter to Rudolf, demanding

payment of the loan directly to him. Before
Rudolf could comply, Fernando went to see

him personally to collect and he paid him.
Did Rudolf make a valid payment?
(A) No, since Rudolf should have
split the payment between Rodrigo

and Fernando.
(B) No, since Rodrigo, the other
solidary creditor, already made a
prior demand for payment from
Rudolf.
governed by the regime of absolute
community of property.
(D) Yes, since Fernando was a
(D) They are superseded by the
solidary creditor, payment to him
Family Code which has retroactive
extinguished the obligation.
effect.
(52) What happens to the property regimes (53) The testator executed a will following
that were subsisting under the New Civil the formalities required by the law on
Code when the Family Code took effect? succession without designating any heir.
(A) The original property regimes The only testamentary disposition in the
will is the recognition of the testator's

are immutable and remain
illegitimate child with a popular actress. Is
effective.
the will valid?
(B) Those enjoying specific regimes
(A) Yes, since in recognizing his
under the New Civil Code may adopt
illegitimate child, the testator has
the regime of absolute community of
made him his heir.
property under the Family Code.
(B) No, because the non-designation
(C) Those that married under the
of heirs defeats the purpose of a will.
New Civil Code but did not choose
any of its regimes shall now be
Leroy Satchel Paige
Page 162 of 180
(B) Void, because the couple did not
get local permit for a beach wedding.

(C) No, the will comes to life only
when the proper heirs are instituted.
(D) Yes, the recognition of an
illegitimate heir is an ample
reason for a will.
(54) A left B, his wife, in the Philippines to

work in Egypt but died in that country after
a years continuous stay. Two months after

As death, B gave birth to a child, claiming
it is As child. Who can assail the legitimacy

of the child?
(A) As other heirs apart from B.
(B) The State which has interest in
the welfare of overseas contract
workers.
(C) Any one who is outraged by Bs
claim.
(D) No one since A died.
(55) QR and TS who had a marriage license

requested a newly appointed Judge in
Manila to marry them on the beach of
Boracay. Since the Judge maintained

Boracay as his residence, he agreed. The
sponsors were all public officials. What is

the status of the marriage.
(A) Valid, since the improper
venue is merely an irregularity;
all the elements of a valid
marriage are present.

Y, came to the Philippines and married Z.
Can X be held liable for bigamy?
(C) Voidable, because the Judge
(A) No since Xs marriage to Y is void
acted beyond his territorial
ab initio or did not exist.
jurisdiction and is administratively
liable for the same. (B) No since X acted in good faith,
(D) Void, because the Judge did not conscious that public policy did not
solemnize the marriage within the approve of marriage between first
premises of his court. cousins.
(C) Yes since he married Z without
(56) X and Y, Filipinos, got married in Los first securing a judicial

Angeles, USA, using a marriage license declaration of nullity of his
issued by the Philippine consul in Los marriage to Y.
Angeles, acting as Civil Registrar. X and Y
(D) Yes since his first marriage to Y
did not know that they were first cousins
in Los Angeles is valid.
because their mothers, who were sisters,
were separated when they were quite (57) Allan bought Billys property through
young. Since X did not want to continue Carlos, an agent empowered with a special
with the relation when he heard of it, he left power of attorney (SPA) to sell the same.
Leroy Satchel Paige
Page 163 of 180
consumables, rice can easily
When Allan was ready to pay as scheduled, deteriorate.
Billy called, directing Allan to pay directly to

him. On learning of this, Carlos, Billy'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. Billy
protested, contending that the consignation

is ineffective since no tender of payment
was made to him. Is he correct?
(A) No, since consignation without
tender of payment is allowed in
the face of the conflicting claims
on the plaintiff.
(B) Yes, as owner of the property

sold, Billy can demand payment
directly to himself.
(C) Yes, since Allan made no

announcement of the tender.
(D) Yes, a tender of payment is

required for a valid consignation.
(58) X sold Y 100 sacks of rice that Y was to

pick up from Xs rice mill on a particular
date. Y did not, however, appear on the

agreed date to take delivery of the rice.
After one week, X automatically rescinded

the sale without notarial notice to Y. Is the
rescission valid?
(A) Yes, automatic rescission is
allowed since, having the
character of movables and

(A) No, efforts at a compromise will
only deepen the wifes anguish.
(B) No, the buyer is entitled to a
(B) No, since legal separation like
customary 30-day extension of his
obligation to take delivery of the validity of marriage is not subject
goods. to compromise agreement for
(C) No, since there was no express purposes of filing.

agreement regarding automatic (C) Yes, to avoid a family feud that is
rescission. hurtful to everyone.
(D) No, the seller should first (D) Yes, since the dispute could have
determine that Y was not justified in been settled with the parties
failing to appear. agreeing to legal separation.
(59) The wife filed a case of legal separation
against her husband on the ground of (60) An Australian living in the Philippines
sexual infidelity acquired shares of stock worth P10 million
without previously exerting earnest efforts in food manufacturing companies. He died
to come to a compromise with him. The in Manila, leaving a legal wife and a child in
judge dismissed the case for having been Australia and a live-in partner with whom
filed without complying with a condition

precedent. Is the dismissal proper?
Leroy Satchel Paige
Page 164 of 180
(B) No, since the sale cannot under

the Statute of Frauds be enforced.
he had two children in Manila. He also left
(C) Yes, since X bought the land and
a will, done according to Philippine laws,
paid Y for it.
leaving all his properties to his live-in
partner and their children. What 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) Australian law since the
intrinsic validity of the provisions
of a will is governed by the
decedents national law.
(C) Philippine law since the decedent
died in Manila and he executed his
will according to such law.
(D) Philippine law since the
decedents properties are in the
Philippines.
(61) X bought a land from Y, paying him
cash. Since they were friends, they did not
execute any document of sale. After 7 years,
the heirs of X asked Y to execute a deed of
absolute sale to formalize the verbal sale to
their father. Unwilling to do so, Xs heirs filed
an action for specific performance against Y.
Will their action prosper?
(A) No, after more than 6 years,
the action to enforce the verbal
agreement has already elapsed.

proceedings to a new
(D) Yes, after full payment, the administrator whom it will
action became imprescriptible. appoint.
(C) Cicero automatically becomes

(62) A court declared Ricardo, an old administrator of Ricardos estate
bachelor, an absentee and appointed Cicero until judicially relieved.
administrator of his property. After a year, it (D) Ciceros alienations of Ricardo's
was discovered that Ricardo had died property will be set aside.
abroad. What is the effect of the fact of his
death on the administration of his (63) Baldo, a rejected suitor, intimidated
property? Judy into marrying him. While she wanted
(A) With Ricardo no longer an to question the validity of their marriage
absentee but a deceased person, two years after the intimidation ceased,
Cicero will cease to be administrator Judy decided in the meantime to freely
of his properties. cohabit with Baldo. After more than 5 years
(B) The administration shall be following their wedding, Judy wants to file a
given by the court having case for annulment of marriage against
jurisdiction over the intestate
Leroy Satchel Paige
Page 165 of 180
(65) In the order of intestate succession

where the decedent is legitimate, who is the
Baldo on ground of lack of consent. Will her
last intestate heirs or heir who will inherit if
action prosper?
(A) Yes, the action for annulment is

imprescriptible.
(B) No, since the marriage was
merely voidable and Judy ratified
it by freely cohabiting with Baldo
after the force and intimidation
had ceased.
(C) No, since the action prescribed 5

years from the date of the
celebration of the marriage.
(D) Yes, because the marriage was

celebrated without Judy's consent
freely given.
(64) Is the wife who leaves her husband

without just cause entitled to support?
(A) No, because the wife must
always be submissive and respectful

to the husband.
(B) Yes. The marriage not having
been dissolved, the husband

continues to have an obligation to
support his wife.
(C) No, because in leaving the
conjugal home without just cause,
she forfeits her right to support.
(D) Yes, since the right to receive
support is not subject to any

condition.
(A) Neither solidary nor joint since
they cannot waive the defense of

all heirs in the higher level are disqualified
fortuitous event to which they are
or unable to inherit?
entitled.
(A) Nephews and nieces.
(B) Brothers and sisters. (B) Solidary or joint upon the
(C) State. discretion of Sam.
(D) Other collateral relatives up to (C) Solidary since Roy and Carlos
the 5th degree of consanguinity. failed to perform their obligation to

deliver the motor boat.
(66) Roy and Carlos both undertook a (D) Joint since the conversion of
contract to deliver to Sam in Manila a boat their liability to one of indemnity

docked in Subic. Before they could deliver for damages made it joint.
it, however, the boat sank in a storm. The
contract provides that fortuitous event shall (67) Joanne married James, a person with
not exempt Roy and Carlos from their no known relatives. Through James' hard
obligation. Owing to the loss of the motor work, he and his wife Joane prospered.
boat, such obligation is deemed converted When James died, his estate alone
into one of indemnity for damages. Is the

liability of Roy and Carlos joint or solidary?
Leroy Satchel Paige
Page 166 of 180
(D) When the precedent has
amounted to P100 million. If, in his will, ceased to be beneficial and useful.
James designates Joanne as his only heir,

what will be the free portion of his estate.
(A) Joanne gets all; estate has no

free portion left.
(B) Joanne gets 1/2; the other
half is free portion.
(C) Joanne gets 1/3; the remaining

2/3 is free portion.
(D) Joanne gets 1/4; the remaining

3/4 is free portion.
(68) A warranty inherent in a contract of

sale, whether or not mentioned in it, is
known as the
(A) warranty on quality.

(B) warranty against hidden defects.
(C) warranty against eviction.

(D) warranty in merchantability.
(69) The doctrine of stare decisis prescribes
adherence to precedents in order to

promote the stability of the law. But the
doctrine can be abandoned
(A) When adherence to it would

result in the Governments loss of its
case.
(B) When the application of the

doctrine would cause great
prejudice to a foreign national.
(C) When necessary to promote the

passage of a new law.
(C) Yes, since they executed their
joint will out of mutual love and

(70) Ric and Josie, Filipinos, have been
care, values that the generally
sweethearts for 5 years. While working in a
accepted principles of international
European country where the execution of
law accepts.
joint wills are allowed, the two of them
(D) Yes, since it is valid in the
executed a joint holographic will where they
country where it was executed,
named each other as sole heir of the other
applying the principle of "lex loci
in case either of them dies. Unfortunately,
celebrationis."
Ric died a year later. Can Josie have the
joint will successfully probated in the
(71) ML inherited from his father P5 million
Philippines?
in legitime but he waived it in a public
(A) Yes, in the highest interest of
instrument in favor of his sister QY who
comity of nations and to honor the
accepted the waiver in writing. But as it
wishes of the deceased.
happened, ML borrowed P6 million from PF
(B) No, since Philippine law
before the waiver. PF objected to the waiver
prohibits the execution of joint
and filed an action for its rescission on the
wills and such law is binding on
ground that he had the right to MLs P5
Ric and Josie even abroad.
Leroy Satchel Paige
Page 167 of 180
is essentially void for containing an

unrelated matter.
million legitime as partial settlement of
what ML owed him since ML has proved to

be insolvent. Does PF, as creditor, have the
right to rescind the waiver?
(A) No, because the waiver in favor
of his sister QY amounts to a

donation and she already accepted
it.
(B) Yes, because the waiver is
prejudicial to the interest of a
third person whose interest is
recognized by law.
(C) No, PF must wait for ML to

become solvent and, thereafter, sue
him for the unpaid loan.
(D) Yes, because a legitime cannot
be waived in favor of a specific heir;

it must be divided among all the
other heirs.
(72) While engaged to be married, Arnold

and Josephine agreed in a public
instrument to adopt out the economic

regime of absolute community of property.
Arnold acknowledged in the same

instrument that Josephines daughter
Mary, is his illegitimate child. But

Josephine died before the marriage could
take place. Does the marriage settlement

have any significance?
(A) None, since the instrument

containing the marriage settlement
Philippines and married Leonora. What is
the status of this second marriage?
(B) Yes, insofar as Arnold
(A) Void, because he did not cause
acknowledged Mary as his
the judicial issuance of
illegitimate child.
declaration of the nullity of his
(C) None, since the marriage did not
first marriage to Jenny before
take place.
marrying Leonora.
(D) Yes, if they acquired properties
while living together as husband (B) Valid, because Joseph's marriage
and wife. to Jenny is void, he being only 17
(73) Joseph, a 17-year old Filipino, married years of age when he married her.
Jenny, a 21-year old American in Illinois, (C) Valid, because his marriage to
USA, where the marriage was valid. Their Leonora has all the elements of a
parents gave full consent to the marriage of valid marriage.
their children. After three years, Joseph (D) Void, because Joseph is still
filed a petition in the USA to promptly considered married to Jenny since
divorce Jenny and this was granted. When the Philippines does not recognize
Joseph turned 25 years, he returned to the divorce.
Leroy Satchel Paige
Page 168 of 180
(C) unless the court first directs
mediation of the parties.

(74) T died intestate, leaving an estate of
P9,000,000. He left as heirs three legitimate (D) without prior investigation
children, namely, A, B, and C. A has two conducted by a public prosecutor.
children, D and E. Before he died, A

irrevocably repudiated his inheritance from
T in a public instrument filed with the

court. How much, if any, will D and E, as
As children, get from Ts estate?
(A) Each of D and E will get
P1,500,000 by right of
representation since their father
repudiated his inheritance.
(B) Each of D and E will get
P2,225,000 because they will inherit

from the estate equally with B and
C.
(C) D and E will get none because
of the repudiation; "B" and "C"
will get As share by right of
accretion.
(D) Each of D and E will get
P2,000,000 because the law gives
them some advantage due to the

demise of "A".
(75) No decree of legal separation can be

issued
(A) unless the childrens welfare is
attended to first.
(B) without prior efforts at
reconciliation shown to be futile.

with the title needed to effect the
sale.
(76) X, who was abroad, phoned his
(D) Valid, since the buyer could file
brother, Y, authorizing him to sell Xs parcel
an action to compel X to execute a
of land in Pasay. X sent the title to Y by
deed of sale.
courier service. Acting for his brother, Y
executed a notarized deed of absolute sale
(77) In a true pacto de retro sale, the title
of the land to Z after receiving payment.
and ownership of the property sold are
What is the status of the sale?
immediately vested in the vendee a retro
(A) Valid, since a notarized deed of
subject only to the resolutory condition of
absolute sale covered the
repurchase by the vendor a retro within the
transaction and full payment was
stipulated period. This is known as
made.
(A) equitable mortgage.
(B) Void, since X should have
(B) conventional redemption.
authorized agent Y in writing to
(C) legal redemption.
sell the land.
(D) equity of redemption.
(C) Valid, since Y was truly his (78) A natural obligation under the New
brother Xs agent and entrusted Civil Code of the Philippines is one which
Leroy Satchel Paige
Page 169 of 180
only upon the wifes acceptance
(A) the obligor has a moral or the courts authorization.
obligation to do, otherwise entitling

the obligee to damages.
(B) refers to an obligation in writing
to do or not to do.
(C) the obligee may enforce through
the court if violated by the obligor.
(D) cannot be judicially enforced
but authorizes the obligee to
retain the obligors payment or
performance.
(79) The husband assumed sole

administration of the familys mango
plantation since his wife worked abroad.
Subsequently, without his wifes knowledge,
the husband entered into an antichretic

transaction with a company, giving it
possession and management of the

plantation with power to harvest and sell
the fruits and to apply the proceeds to the

payment of a loan he got. What is the
standing of the contract?
(A) It is void in the absence of the
wifes consent.
(B) It is void absent an authorization
from the court.
(C) The transaction is void and can
neither be ratified by the wife nor

authorized by the court.
(D) It is considered a continuing
offer by the parties, perfected

(81) Anne owed Bessy P1 million due on
October 1, 2011 but failed to pay her on
(80) When the donor gives donations
due date. Bessy sent a demand letter to
without reserving sufficient funds for his
Anne giving her 5 days from receipt within
support or for the support of his
which to pay. Two days after receipt of the
dependents, his donations are
letter, Anne personally offered to pay Bessy
(A) Rescissible, since it results in
in manager's check but the latter refused to
economic lesion of more than 25%
accept the same. The 5 days lapsed. May
of the value of his properties.
Annes obligation be considered
(B) Voidable, since his consent to
extinguished?
the donation is vitiated by mindless
(A) Yes, since Bessys refusal of the
kindness.
managers check, which is presumed
(C) Void, since it amounts to wanton
funded, amounts to a satisfaction of
expenditure beyond his means.
the obligation.
(D) Reducible to the extent that
(B) No, since tender of payment
the donations impaired the
even in cash, if refused, will not
support due to himself and his
discharge the obligation without
dependents.
proper consignation in court.
Leroy Satchel Paige
Page 170 of 180
(C) Yes, since Anne tendered (83) The owner of a thing cannot use it in a
payment of the full amount due. way that will injure the right of a third
(D) No, since a managers check is person. Thus, every building or land is
not considered legal tender in the subject to the easement which prohibits its
Philippines. proprietor or possessor from committing
nuisance like noise, jarring, offensive odor,

(82) The residents of a subdivision have and smoke. This principle is known as
been using an open strip of land as passage (A) Jus vindicandi.
to the highway for over 30 years. The owner (B) Sic utere tuo ut alienum non
of that land decided, however, to close it in laedas.
preparation for building his house on it. (C) Jus dispondendi.
The residents protested, claiming that they (D) Jus abutendi.
became owners of the land through
acquisitive prescription, having been in (84) Janice and Jennifer are sisters. Janice
possession of the same in the concept of sued Jennifer and Laura, Jennifers
owners, publicly, peacefully, and business partner for recovery of property
continuously for more than 30 years. Is this with damages. The complaint did not allege
claim correct? that Janice exerted earnest efforts to come
(A) No, the residents have not to a compromise with the defendants and
been in continuous possession of that such efforts failed. The judge
the land since they merely passed dismissed the complaint outright for failure
to comply with a condition precedent. Is the

through it in going to the
dismissal in order?
highway.
(A) No, since Laura is a stranger to
(B) No, the owner did not abandon
the sisters, Janice has no moral
his right to the property; he merely
tolerated his neighbors use of it for obligation to settle with her.
passage. (B) Yes, since court should promote
(C) Yes, residents of the subdivision amicable settlement among
have become owners by acquisitive relatives.
prescription. (C) Yes, since members of the same
(D) Yes, community ownership by family, as parties to the suit, are
prescription prevails over private required to exert earnest efforts to
claims.
settle their disputes before coming
to court.
Leroy Satchel Paige
Page 171 of 180
(D) No, the family council, which (87) When does the regime of conjugal
would ordinarily mediate the partnership of gains begin to exist?
dispute, has been eliminated under (A) At the moment the parties
the Family Code. take and declare each other as
husband and wife before

(85) X borrowed money from a bank,
officiating officer.
secured by a mortgage on the land of Y, his
(B) At the time the spouses acquire
close friend. When the loan matured, Y
properties through joint efforts.
offered to pay the bank but it refused since
(C) On the date the future spouses
Y was not the borrower. Is the banks action
executed their marriage settlements
correct?
because this is the starting point of
(A) Yes, since X, the true borrower,
their marital relationship.
did not give his consent to Ys offer
(D) On the date agreed upon by the
to pay.
future spouses in their marriage
(B) No, since anybody can discharge
settlements since their agreement is
Xs obligation to his benefit.
the law between them.
(C) No, since Y, the owner of the
collateral, has an interest in the

(88) Josie, 18, married Dante, 25, without
payment of the obligation.
her parents knowledge and consent, and
(D) Yes, since it was X who has an
lived with him. After a year, Josie returned
obligation to the bank.
to her parents home, complained of the
unbearable battering she was getting from

(86) The right of a mortgagor in a judicial
Dante, and expressed a desire to have her
foreclosure to redeem the mortgaged
marriage with him annulled. Who may
property after his default in the
bring the action?
performance of the conditions of the
(A) Dante.
mortgage but before the sale of the
(B) Her parents.
mortgaged property or confirmation of the
(C) Josie herself.
sale by the court, is known as
(D) The State.
(A) accion publiciana.
(B) equity of redemption.

(89) X, a married man, cohabited with Y, an
(C) pacto de retro.
unmarried woman. Their relation bore them
(D) right of redemption.
BB, a baby boy. Subsequently, after X
became a widower, he married Y. Was BB
legitimated by that marriage?

Leroy Satchel Paige
Page 172 of 180
(A) Yes, since his parents are now (D) Yes, as long as they leave
lawfully married. sufficient property for themselves
(B) Yes, since he is an innocent and for their dependents.
party and the marriage rectified the

wrong done him. (92) X owed Y P1.5 million. In his will, X
(C) No, since once illegitimate, a gave Y legacy of P1 million but the will
child shall always remain provided that this legacy is to be set off
illegitimate. against the P1.5 million X owed Y. After the
(D) No, since his parents were not set off, X still owed Y P500,000. Can Y still
qualified to marry each other collect this amount?
(A) Yes, because the designation

when he was conceived.
of Y as legatee created a new and
(90) The presence of a vice of consent separate juridical relationship
vitiates the consent of a party in a contract between them, that of testator-

and this renders the contract legatee.
(A) Rescissible. (B) It depends upon the discretion of
(B) Unenforceable. the probate court if a claim is filed
(C) Voidable. in the testate proceedings.
(D) Void.
(C) No, because the intention of the
testator in giving the legacy is to
(91) Can common-law spouses donate
abrogate his entire obligation to Y.
properties of substantial value to one
(D) No, because X had no
another?
instruction in his will to deliver
(A) No, they are only allowed to
more than the legacy of P1 million to
give moderate gifts to each other
Y.
during family rejoicing.
(B) No, they cannot give anything of (93) Josie owned a lot worth P5 million
value to each other to prevent prior to her marriage to Rey. Subsequently,
placing their legitimate relatives at a their conjugal partnership spent P3 million
disadvantage. for the construction of a house on the lot.
(C) Yes, unlike the case of legally The construction resulted in an increase in
married spouses, such donations the value of the house and lot to P9 million.
are not prohibited. Who owns the house and the lot?
Leroy Satchel Paige
Page 173 of 180
(B) When the title holder concealed

the matter from the plaintiff.
(A) Josie and the conjugal
partnership of gains will own both

on a 50-50 basis.
(B) Josie will own both since the
value of the house and the
increase in the propertys value is
less than her lots value; but she
is to reimburse conjugal
partnership expenses.
(C) Josie still owns the lot, it being
her exclusive property, but the
house belongs to the conjugal

partnership.
(D) The house and lot shall both
belong to the conjugal partnership,
with Josie entitled to reimbursement
for the value of the lot.
(94) 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 plaintiff.

The action prescribes, however, within 10
years from the registration of the deed or

the date of the issuance of the certificate of
title of the property as long as the trust had

not been repudiated. What is the exception
to this 10-year prescriptive period?
(A) When the plaintiff had no notice

of the deed or the issuance of the
certificate of title.
marriage after they became 21 of
(C) When fortuitous circumstances age; their cohabitation also
prevented the plaintiff from filing convalidated the marriage.
the case sooner. (B) No, since Lindas parents made
(D) When the plaintiff is in no allegations that earnest efforts
possession of the property. have been made to come to a

compromise with Conrad and Linda
(95) Conrad and Linda, both 20 years old, and which efforts failed.
applied for a marriage license, making it (C) Yes, since the marriage is
appear that they were over 25. They voidable, the couple being below 21
married without their parents knowledge years of age when they married.
before an unsuspecting judge. After the (D) Yes, since Lindas parents never
couple has been in cohabitation for 6 years, gave their consent to the marriage.
Lindas parents filed an action to annul the

marriage on ground of lack of parental (96) Pepito executed a will that he and 3
consent. Will the case prosper? attesting witnesses signed following the
(A) No, since only the couple can formalities of law, except that the Notary
Public failed to come. Two days later, the

question the validity of their
Leroy Satchel Paige
Page 174 of 180
(A) Conjugal since they earned the

same while living as husband and
Notary Public notarized the will in his law
wife.
office where all signatories to the will
acknowledged that the testator signed the
will in the presence of the witnesses and

that the latter themselves signed the will in
the presence of the testator and of one

another. Was the will validly notarized?
(A) No, since it was not notarized on
the occasion when the signatories

affixed their signatures on the will.
(B) Yes, since the Notary Public
has to be present only when the
signatories acknowledged the acts
required of them in relation to
the will.
(C) Yes, but the defect in the mere

notarization of the will is not fatal to
its execution.
(D) No, since the notary public did
not require the signatories to sign

their respective attestations again.
(97) Venecio and Ester lived as common-law

spouses since both have been married to
other persons from whom they had been

separated in fact for several years.
Hardworking and bright, each earned

incomes from their respective professions
and enterprises. What is the nature of their

incomes?
(C) 4 years from the perfection of the
donation.
(B) Separate since their property
(D) Such action does not prescribe.
relations with their legal spouses
are still subsisting.

(99) Before Karen married Karl, she
(C) Co-ownership since they agreed inherited P5 million from her deceased
to work for their mutual benefit.
mother which amount she brought into the
(D) Communal since they earned the marriage. She later used part of the money
same as common-law spouses.
to buy a new Mercedes Benz in her name,
which Karen and her husband used as a

(98) What is the prescriptive period for filing
family car. Is the car a conjugal or Karens
an action for revocation of a donation based
exclusive property?
on acts of ingratitude of the donee?
(A) It is conjugal property since the
(A) 5 years from the perfection of the
spouses use it as a family car.
donation.
(B) It is Karens exclusive property
(B) 1 year from the perfection of
since it is in her name.
the donation.
(C) It is conjugal property having
been bought during the marriage.
Leroy Satchel Paige
Page 175 of 180
stairway eventually gave way and collapsed,

resulting to injuries to some lessees. Who
(D) It is Karens exclusive
property since she bought it with
her own money.
(100) Because of Xs gross negligence, Y

suffered injuries that resulted in the
abortion of the foetus she carried. Y sued X

for, among other damages, P1 million for
the death of a family member. Is Y entitled

to indemnity for the death of the foetus she
carried?
(A) Yes, since the foetus is already

regarded as a child from conception,
though unborn.
(B) No, since Xs would not have
known that the accident would

result in Ys abortion.
(C) No, since birth determines
personality, the accident did not
result in the death of a person.
(D) Yes, since the mother believed in

her heart that she lost a child.
2010 Civil Law Exam MCQ
(September 12, 2010)
No.II. Multiple choice.
(A). A had a 4-storey building which was

constructed by Engineer B. After five years,
the building developed cracks and its

1659 NCC, the proprietor of a building or
should the lessees sue for damages? (1%) structure is responsible for the damages
(1). A, the owner resulting from its total or partial
collapse, if it is due to lack of necessary

(2). B, the engineer
repairs.
(3). both A & B

Under Article 1723, NCC, the engineer
SUGGESTED ANSWER: or architect who drew up the plans and
specifications for a building is liable for

3. Both A & B.
damage if 15 years from the completion
The lessee may proceed against A for of the structure the same should
breach of contract, and against B for tort collapse by a reason of a defect by those
or statutory liability. Under Article 1654 plans and specifications, or due to the
(2) of the New Civil Code, the lessor is defects in the ground. This liability
obliged to make all the necessary repairs maybe enforced against the architect or
in order to keep the leased property engineer even by a third party who has
suitable for the use to which it has been no privity of contract with the architect
devoted. Consequently, under Article or engineer under Article 2192, NCC.
Leroy Satchel Paige
Page 176 of 180
problem are clearly those resulting from
ALTERNATIVE ANSWER: defects in the construction plans or
specifications.
No.1. A , the owner .
The lessee can sue only the lessor for
breach of contract under Article 1659 in
relation to Article 1654, NCC. The lessee
cannot sue the architect or the engineer
because there was no privity of contracts
between them. When sued, however, the
lessor may file a third party claim
against the architect or the engineer.
ANOTHER ALTERNATIVE ANSWER:
No. 2. B, the Engineer .
Under Article 1723 the engineer or
architect who drew up the plans and
specifications for a building is liable for
damages if within 15 years from the
completion of the structure, the same
should collapse by reason of a defect in
those plans and specifications, or due to
the defects in the ground. Under Article
2192 (NCC), however, if the damages
should be the result of any of the defects
in the construction mentioned in Art
1723, NCC, the third person suffering
damages may proceed only against the
engineer or architect or contractor
within the period fixed therein. The
damages suffered by the lessee in the

No. 4. None of the above.
(B) O, owner of Lot A, learning that

The general rule is that the treasure
Japanese soldiers may have buried gold
shall belong to the spouses X and Y, the
and other treasures at the adjoining vacant
owner of Lot B. Under Article 438 (NCC),
Lot B belonging to spouses X & Y, excavated
the exception is that when the discovery
in Lot B where she succeeded in unearthing
gold and precious stones. How will the of a hidden treasure is made on the
treasures found by O be divided? (1%) property of another and by chance, one-
half thereof shall belong to the owner of

(1). 100% to O as finder
the land and the other one-half is
(2). 50% to O and 50% to the spouses X allowed to the finder. In the problem, the
and Y finding of the treasure was not by
chance because O knew that the treasure

(3). 50% to O and 50% to the state
was in Lot B. While a trespasser is also
(4). None of the above. not entitled to any share, and there is no
indication in the problem whether or not

SUGGESTED ANSWER: O was a trespasser, O is not entitled to a
Leroy Satchel Paige
Page 177 of 180
No. 2 and No.4 are both false. The
share because the finding was not by acceptance by the donees father alone
chance.
(C) A executed a Deed of Donation in favor
of B, a bachelor, covering a parcel of land

valued at P1 million. B was, however, out of
the country at the time. For the donation to

be valid, (1%)
(1). B may e-mail A accepting the donation.
(2). The donation may be accepted by Bs

father with whom he lives.
(3). B can accept the donation anytime

convenient to him.
(4). Bs mother who has a general power of

attorney may accept the donation for him.
(5). None of the above is sufficient to make

Bs acceptance valid
SUGGESTED ANSWER:
No. 5 None of the above is sufficient to
make B's acceptance valid .
Since the donation covered an
immovable property, the donation and
the acceptance must be in public
document and e-mail is not a public
document. Hence, No.1 is false.

(D) A executed a 5-page notarial will before a
notary public and three witnesses. All of them

or mother alone, even in a public
signed each and every page of the will.
document, is not sufficient because the
father and mother did not have a special One of the witnesses was B, the father of
power of attorney for the purpose. Under one of the legatees to the will. What is the
Article 745 (NCC), the donee must accept effect of B being a witness to the will? (1%)
the donation personally, or through an

(1). The will is invalidated
authorized person with a special power of
attorney for the purpose; otherwise, the (2). The will is valid and effective
donation shall be void.

(3). The legacy given to Bs child is not valid
No.3 is also false. B cannot accept the
SUGGESTED ANSWER:
donation anytime at his convenience.
Under Article 749 NCC, the donee may No. 3. The legacy given to B's child is not
accept the donation only during the valid.
lifetime of the donor.
The validity of the will is not affected by
the legacy in favor of the son of an
Leroy Satchel Paige
Page 178 of 180
(E). letters a and b
attesting witness to the will. However,
the said legacy is void under Article 823
NCC.
ALTERNATIVE ANSWER:
No. 2 .The will is valid and effective.
Under Article 823 ( NCC ),the legacy
given in favor of the son of an
instrumental witness to a will has no
effect on the validity of the will. Hence,
the will is valid and effective.
2007 Civil Law Exam MCQ
(September 09, 2007)
No.IX. Multiple choice: Choose the right

answer. (2% each)
(1). The parties to a bailment are the:
(A). bailor;
(B). bailee;
(C) comodatario;
(D). all the above;
(E). letters a and b
SUGGESTED ANSWER:
(C). a necessary deposit
ALTERNATIVE ANSWER:
(3). A contract of antichresis is always:

(D). all the above
(A). a written contract;

(2). A deposit made in compliance with a
legal obligation is:
(B). a contract, with a stipulation that the
debt will be paid through receipt of the
(A). an extrajudicial deposit;
fruits of an immovable;
(B). a voluntary deposit;

(C). Involves the payment of interests, if
(C). a necessary deposit; owing;
(D). a deposit with a warehouseman; (D). All of the above;
(E). letters a and b (E). Letters a and b
SUGGESTED ANSWER: SUGGESTED ANSWER:
Leroy Satchel Paige
Page 179 of 180
(C). 3/5 of the number of creditors
(D). All of the above; should agree to the settlement;
(4). An, assignee in a proceeding under the

Insolvency Law does not have the duty of:
(A). suing to recover the properties of the

state of the insolvent debtor;
(B). selling property of the insolvent debtor;
(C). ensuring that a debtor corporation
operate the business efficiently and
effectively while the proceedings are
pending;
(D). collecting and discharging debts owed

to the insolvent debtor.
SUGGESTED ANSWER:
(C). ensuring that a debtor corporation
operate the business efficiently and
effectively while the proceedings are
pending;
(5). In order to obtain approval of the

proposed settlement of the debtor in an
insolvency proceeding.
(A). the court must initiate the proposal
(B). 2/3 of the number of creditors should

agree to the settlement;
full credit for the two items regardless of
(D). 1/3 of the total debts must be their answers.]
represented by the approving creditors;
(E). Letters a and b

References:
SUGGESTED ANSWER:

Answers to Bar Examination
(C). 3/5 of the number of creditors Questions by the UP LAW COMPLEX
should agree to the settlement; (2007, 2009, 2010)

[Note: Items 4&5 on Insolvency Law are UP LAW REVIEW
not included within the coverage of Civil

Law but Commercial Law. It is therefore PHILIPPINE ASSOCIATION OF LAW
SCHOOLS (2008)
suggested that the examinees be given

lawphil.net
Leroy Satchel Paige
Page 180 of 180

2007 2013 Civil Law

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

2007 2013 Civil Law

Uploaded by

Copyright:

Available Formats

Civil Law Q&As (2007-2013) hectorchristopher@yahoo.com dbaratbateladot@gmail.

Questions and Suggested Answers

PHILIPPINE BAR EXAMINATIONS 2007-2013

Salise, Hector Christopher Jay-Arh Jr. M.

(University of San Jose-Recoletos School of Law)

ANSWERS TO BAR EXAMINATION QUESTIONS by

the UP LAW COMPLEX (2007-2013)

PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)

This work is a compilation of the ANSWERS TO BAR

The authors were inspired by the work of Silliman Universitys

Everyone is free to distribute and mass produce copies of this

The answers (views or opinions) presented in this reviewer are

(Titles are based on Sillimans Compilation [Arranged by Topic])

Capacity: Juridical Capacity (2008).......................................................................................................... 12

Capacity; Juridical Capacity of Donee; Requisites for Acceptance (2012)...............................12

Capacity: Legal Capacity; Lex Rei Sitae (2007).....................................................................................13

Correction of Entries; Clerical Error Act (2008)..................................................................................14

Nationality Principle (2009)...........................................................................................................................14

Nationality Principle; Change of Name not Covered (2009).............................................................15

Processual Presumption (2009).................................................................................................................... 16

Adoption; Termination; Death of Adopter (2009).................................................................................17

Adoption; Illegitimate Child (2010)............................................................................................................18

Adoption; Illegitimate Child; Use of Mothers Surname as Middle Name (2012)..................19

Consent; Consent of the Adopters Heirs (2008)..................................................................................19

Qualifications of Adopter (2010).................................................................................................................20

Marriage; Annulment; Grounds (2009).....................................................................................................20

Marriage; Annulment; Grounds (2007).....................................................................................................21

Marriage; Annulment; Parties (2012).........................................................................................................22

Marriage; Annulment; Support Pendente Lite (2010).........................................................................22

Marriage; Divorce Decrees; Filipino Spouse Becoming Alien (2009)..........................................23

Marriage; Divorce Decrees; Foreign Spouse Divorces Filipino Spouse (2012)........................24

Marriage; Divorce Decrees; Foreign Spouse Divorces Filipino Spouse (2010)........................25

Marriage; Legal Separation; Prescription (2012)..................................................................................25

Marriage; Legal Separation; Prescription (2007)..................................................................................26

Marriage; Psychological Incapacity (2013).............................................................................................26

Marriage; Psychological Incapacity (2012).............................................................................................28

Marriage; Requisites (2008)...........................................................................................................................28

Marriage; Subsequent Marriage (2008).....................................................................................................29

Marriage; Void Marriages; By Reason of Public Policy (2008)........................................................30

Marriage; Void Marriages; By Reason of Public Policy (2007)........................................................30

Marriage; Void Marriages; Property Relations (2009).........................................................................30

Marriage; Void Marriages; Status of Children (2009)..........................................................................31

Parental Authority; Illegitimate Minor Child (2009)..........................................................................32

Parental Authority; In Vitro Fertilization (2010).................................................................................32

Paternity & Filiation; Child Born Under a Void Marriage (2010)................................................33

Paternity & Filiation; Impugning Legitimacy (2010)..........................................................................34

Paternity & Filiation; In Vitro Fertilization;

Surrogate Mothers Remedy to Regain Custody (2010).........................34

Paternity & Filiation; Legitimacy; Presumption (2008)................................................................... 35

Paternity & Filiation; Legitimation of a Dead Child (2009)............................................................37

Paternity & Filiation; Support: Ascendants & Descendants;

Collateral Blood Relatives (2008).................................................................... 37

Paternity & Filiation; Use of Surname; Illegitimate Child (2009)................................................38

Paternity & Filiation; Who May Impugn Legitimacy (2009)...........................................................39

Property Relations; Adulterous Relationship (2009)..........................................................................39

Property Relations; Accession (2012)........................................................................................................40

Property Relations; Ante-Nuptial Debt (2007)...................................................................................... 40

Property Relations; Unions Without Marriage (2012)........................................................................41

Property Relations; Unions Without Marriage (2012)........................................................................42

Property Relations; Void Marriages (2010).............................................................................................43

Property Relations; Void Marriages (2010).............................................................................................45

Disposition; Mortis Causa vs. Intervivos; Corpse (2009)................................................................. 46

Heirs; Fideicommissary Substitution (2008).........................................................................................46