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com
A Compilation of the
In the
In
CIVIL LAW
Compiled and Arranged By:
Baratbate-Ladot, Delight
&
FOREWORD
The Authors.
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Leroy Satchel Paige
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TABLE OF CONTENTS
Persons
Conflict of Laws
Jurisdiction; Courts may Assume Jurisdiction over Conflict of Laws Cases (2010)...........17
Adoption
Family Code
Paternity & Filiation; Legitimation of a Child from a Previous Valid Marriage (2008)......36
Succession
Succession; Proof of Death between persons called to succeed each other (2008).............55
Donation
Property
Contracts
Obligations
Trust
Sales
Lease
Agency
Partnership
Guaranty
Guaranty (2009).................................................................................................................................................108
Surety
Surety (2010)......................................................................................................................................................108
Pledge
Damages (2012).................................................................................................................................................109
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survived.
mother? (2%)
SUGGESTED ANSWER:
therefore the fetus acquires presumptive after birth. Ricky sought to recover the P 1
(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
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Leroy Satchel Paige
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the NCC.
enrichment.
(2007)
Australian Laws allow aliens to acquire ownership over the property bought
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.
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Leroy Satchel Paige
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Correction of Entries; Clerical Error Act surname in accordance with Rule 108 of
(2008)
and
SUGGESTED ANSWER:
the Rules of Court because said changes need of a judicial order. Errors that
SUGGESTED ANSWER:
Nationality Principle (2009)
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Leroy Satchel Paige
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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
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
jurisdiction over the action. rendered in that petition will have effect
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Leroy Satchel Paige
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SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
abroad.
ALTENATIVE ANSWER:
nationality.
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
law. This is pursuant to the application not more than two (2) sentences.
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Leroy Satchel Paige
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ALTERNATIVE ANSWER:
(A). The doctrine of "processual
SUGGESTED ANSWER:
the forum.
(2010)
each)
SUGGESTED ANSWER:
assume jurisdiction.
of the foreign law is necessary for the The Office of the Solicitor General files a
in a forum even though the application (A). Should the case be dismissed? Explain.
(2%)
of the foreign law by the courts of the
(2009)
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have been complied with and the case is adoptee who dies because adoption is
proceedings.
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
child by another woman. He is now 10 needed for the adoption (Section 7 and
SUGGESTED ANSWER:
(A) Whose consent is needed for Rexs
adoption of his illegitimate child? (2.5%) Yes, he can still adopt his illegitimate
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-
Leroy Satchel Paige
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7 and 9, RA 8552).
(2012)
SUGGESTED ANSWER:
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
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
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children, including Amy, now live with written consent of Jane, if she is over
SUGGESTED ANSWER:
Qualifications of Adopter (2010) law. The case of John does not fall in any
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her husbands sterility at the time of the governed by Kenyan law and any issue as
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
the Philippines.
law and not Philippine law. the parties under Philippine law, there is
However, while Kenyan law governs the marriage. Hence, the Philippine court
formal validity of the marriage, the legal has to deny the petition.
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
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Leroy Satchel Paige
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SUGGESTED ANSWER:
celebration.
SUGGESTED ANSWER:
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Leroy Satchel Paige
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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
(B) Suppose in late 2004 the two children Joseph returned and established
had squandered the P3 million fund for permanent residence in the Philippines.
SUGGESTED ANSWER:
SUGGESTED ANSRWER :
Yes, the two children can still ask for
even beyond the age of majority until Philippines because she is now a
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
the obligation of the parents to ensure him and, therefore, he can remarry.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-
Leroy Satchel Paige
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national law .
SUGGESTED ANSWER:
39,Rules of Court ).
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.
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.
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SUGGESTED ANSWER:
obtained.
proving only that the foreign spouse has sufficient to capacitate the Filipino
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
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(2007)
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,
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
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Leroy Satchel Paige
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early adulthood and one that is grave and performing his essential marital
incurable. Maria testified on the specific obligations. Dr. Chans report contains
SUGGESTED ANSWER:
obligations.
ALTERNATIVE ANSWER:
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Leroy Satchel Paige
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(2012)
SUGGESTED ANSWER:
respondent is psychologically
incapacitated.
sweethearts. When Roderick was 18 and Faye, (A). Was the marriage of Roderick and Faye
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-
Leroy Satchel Paige
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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
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initio.
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
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Leroy Satchel Paige
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license, went to the Office of the Mayor of assumption that there was no
neighboring municipality.
SUGGESTED ANSWER:
neighboring municipality.
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ALTERNATIVE ANSWER:
.2, FC).
SUGGESTED ANSWER:
Child (2009)
(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
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
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SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
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
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subsequent marriage is null or void, the 164 of the Family Code. In the same
illegitimate child.
Legitimacy (2010)
SUGGESTED ANSWER:
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
legitimate daughter of B by G.
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SUGGESTED ANSWER:
(A) What legal action can you file on behalf
of Majorette? Explain. (2.5%)
SUGGESTED ANSWER:
proper remedy.
ALTERNATIVE ANSWER:
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
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Leroy Satchel Paige
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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
than 5 years.
SUGGESTED ANSWER:
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
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).
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)
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SUGGESTED ANSWER:
her ex-husband.
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
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their own. Sandy was orphaned as a baby Paternity & Filiation; Use of Surname;
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
(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
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Legitimacy (2009)
claim.
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
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.
Relationship (2009)
In the problem, therefore, the filiation of
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SUGGESTED ANSWER:
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.
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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
property, because the property already birth of a child. She filed separate petitions
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
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Marriage (2012)
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
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
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(2010)
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share equally.
B and G.
follows:
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
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
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cohabitation.
(2010)
and G. Their properties are governed by
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
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contribution which will entitle the (E). A person can dispose of his corpse
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
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.
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(A). Is the condition imposed upon Ruffa, to property by intestate succession from
SUGGESTED ANSWER:
because it is tantamount to
SUGGESTED ANSWER:
Code).
SUGGESTED ANSWER:
Raymond executed a will in the case at business, acquired real properties. Peter
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
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Computation:
psychological incapacity:
(B) If the ground of nullity is not legitime of the surviving spouse which is
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
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
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(2012)
SUGGESTED ANSWER:
Franco and Ricky is a legitimate relative and not all those who are entitled to
not more than two (2) sentences. ascending ,the nearer excludes the more
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the uncles and the aunts, and half blood half the share of a full-blood sibling.
blooded relatives.
SUGGESTED ANSWER:
(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
(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
(4). The two (2) half-brothers will receive in turn be inherited by the three
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-
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Intestate Succession (2008) (D). How should the house and lot, and the
cash be distributed? (1%)
No.X. Arthur executed a will which contained
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
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.
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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
(10%)
SUGGESTED ANSWER:
Ramon:
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
personal legal relation only between possible to construe the use of the word
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
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legitimate father.
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
SUGGESTED ANSWER:
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
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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
be preterited.
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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%)
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
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SUGGESTED ANSWER:
child.
SUGGESTED ANSWER :
three children of Dr. Lopez . Marilyn
Marilyn is not entitled to a share in the because the right is not given by the law
the same time, there being no evidence the life of Dr. Lopez:
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upon the death of Dr. Lopez. When holographic will in its original tenor
Cancellations (2012)
Explain. (5%)
SUGGESTED ANSWER:
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
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
28, 1984).
However, if the cancellation of Rosas
shall remain valid. The effectively of the No.VI. On December 1, 2000, Dr. Juanito
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United States, passed the New York medical Fuentes executed his will in accordance
licensure examinations, resided therein, with the Philippine law, the Philippine
or compulsory heirs.
SUGGESTED ANSWER:
court shall apply the New Civil Code in York law he is not a compulsory heir
(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:
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SUGGESTED ANSWER:
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
London, the couple executed a joint will
(Art. 854, Civil Code); and, (b) the
appointing each other as their heirs and
disposition that Peter and Paul could not
providing that upon the death of the
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
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SUGGESTED ANSWER:
SUGGESTED ANSWER:
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
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family home.
Requisites (2008)
SUGGESTED ANSWER:
(B). Act as a witness to a will? (1%) notary public before whom the will is
820 of the Civil Code provides that "any Wills; Testamentary Disposition; Period
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SUGGESTED ANSWER:
(2007)
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
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Donation
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,
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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,
prescription.
Conditions (2007)
SUGGESTED ANSWER:
covering a one-hectare rice land in favor of disposed of while Josefa is still alive.
"For and in consideration of her love explain the reasons supporting your advice.
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Code).
same should be harmonized with its mortis causa disposition, the formalities
CA, G.R. No. 106755, Feb 1, 2002). under Art. 728 of the Civil Code,
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
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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
of the river.
SUGGESTED ANSWER:
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SUGGESTED ANSWER:
R, 10 Aug 1966).
(2009)
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
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.
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Although Ulpiano and his children live in value of the fruits the expenses for
SUGGESTED ANSWER:
contract (Art 2175, NCC). of their house did the spouses Dela Cruz
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and options open to them to protect their after payment of the indemnity provided
SUGGESTED ANSWER: (2) to oblige the one who built to pay the
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
building or trees after proper indemnity the expenses in building the house or
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Prescription (2009)
SUGGESTED ANSWER:
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indemnity;
estate.
to the servient estate is controlling
(Pathway B). Second, the right of way (Quimen v. Quimen and CA, G.R. No.
80511, Jan 25, 1991). The rule that the the four requisites required by Art 649 and
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SUGGESTED ANSWER:
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
(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
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
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ALTERNATIVE ANSWER:
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
lot C free from such right of way granted because of their historical value and the
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(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
SUGGESTED ANSWER:
(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
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.
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SUGGESTED ANSWER:
Statute of Frauds.
order that a mortgage may be validly
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
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
2125 of the Civil Code, requires that in immovable property must be in a public
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document for greater efficacy and a real Possession, on the other hand, is the
immovable property.
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
rights of ownership. If the real right of (D). The renunciation by a co-owner of his
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
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expenses of preservation.
164110, 12 Feb., 2008, the Court held (B). Can Bobby legally insist on purchasing
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SUGGESTED ANSWER:
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
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;
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analogous to a building.
ALTERNATIVE ANSWER:
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
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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,
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
cured by its transfer to Julian. It has (4.) Military installations, civil and quasi-
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
Chua before its transfer of ownership to shores, roadsteads, and the like, are
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Land Act.
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
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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,
faith.
SUGGESTED ANSWER:
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
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Property (2008)
of Deeds under Act. 3344 and obtained a purchaser in good faith (Mathay v. CA,
(A). Was Dehlma a purchaser in good faith? (B). Who as between Dehlma and XYZ Bank
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.
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
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Phil. ,534).
SUGGESTED ANSWER:
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.
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certificate of title;
register a deed or when he is in doubt as
(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
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immediately took possession by fencing off object of the litigation, the annulment of
SUGGESTED ANSWER:
community or conjugal partnership of the other spouse is void (Art 96 and Art
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
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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
SUGGESTED ANSWER:
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SUGGESTED ANSWER:
Manuel may also invoke vested rights
amended).
valuable improvements like fencing the
(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
Manuel may tack his possession to that Lands v. CA and Iglesia ni Cristo, G.R.
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SUGGESTED ANSWER:
certification; and (2) a certified true
Purchaser (2009)
(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
property;
Any action against Luis will not prosper
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.
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(2008)
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
give, to do or not to do. Compliance with time, claiming that its labor problems is a
vendee. It merely gives the vendee the (A). Can the labor unrest be considered a
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on time.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
expense of AB Corp.
(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
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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
where the depositor is the creditor and waived the need for prior demand. To
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
compensation.
(A). Can XYZ Bank validly assert legal
compensation? (2%)
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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
half the balance of the loan. Further,
(Art. 1290, Civil Code) and this would
Recardo said that when the bank invoked
not bar the bank from recovering the
compensation between the reantals and the
remaining balance of the obligation.
amount of the loan, it amounted to a new
give his consent (as owner of the property No. In order that an obligation may be
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(2013)
SUGGESTED ANSWER:
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
delivery of legal tender. A check may be General Banking Law, the mortgagor or
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,
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there has been extraordinary deflation from raising the issue that a cashier's
since 1998, and therefore, Felipe should check is not legal tender.
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
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SUGGESTED ANSWER:
(R.A. 4100).
foreclosure on the ground that he is only a to pay the full balance of the loan
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the solidary debtors (Art. 1207, Civil management of the business or property
obligations? (10%)
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
2142, NCC)
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
2144, NCC).
Fourth example, is when through
indebiti may also give rise to an injured or becomes seriously ill, and he
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
2167, NCC).
Third example, is when without the
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an agreement is when the person obliged the legal right to property which he
Trust
SUGGESTED ANSWER:
ought not, in equity and good property is made in order to secure the
v. CA, 371 Phil 523, 1991). The following grantor toward the grantee, a trust by
Art. 1456 NCC which provides: "If fulfillment of the obligation is offered by
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 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."
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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 (2009)
SUGGESTED ANSWER:
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
Eulalia and Jocelyn alleging that there was operations. Under Art 1602, Civil Code,
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sale.
Consideration (2013)
(A) Does Marcelo have a cause of action certain is binding upon him if the
against Sergio? (5%) promise is supported by a consideration
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SUGGESTED ANSWER:
unless the same, or some note or the ambit of the Statute of Frauds is
(Art. 1403 (e), Civil Code). Here, Marcelo not to contracts that are totally or
Option Contract, which refers to a G.R. No. L-11231, May 12, 1958).
(Sanchez v. Rigos, G.R. No. L-25494, Right of First Refusal; Lessee; Effect
June 14, 1972, citing Atkins, Kroll and (2008)
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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
SUGGESTED ANSWER:
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Improvements (2013)
reimbursed the value of the improvements even if he was paying nominal rental,
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SUGGESTED ANSWER:
damages.
lease contracts between Jude and his occupy the building before buying it.
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.
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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
sell.
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
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
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
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SUGGESTED ANSWER:
SUGGESTED ANSWER:
No.I. TRUE or FALSE. Answer TRUE if the contract of partnership to be valid, must
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
SUGGESTED ANSWER:
not in writing.
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Partnership (2012)
SUGGESTED ANSWER:
Commodatum & Mutuum
Mutuum; Interest; Solutio Indebiti No, Art. 1956, Civil Code, provides that
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Guaranty
Guaranty (2009)
SUGGESTED ANSWER :
debt of
ALTERNATIVE ANSWER:
pay .
No.III. Define, Enumerate or Explain. (2%
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Pledge
SUGGESTED ANSWER:
(B). Will your answer to [a] be the same if sell by herself the thing pledged. It must
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:
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
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coordinator of the hotel noticed him and ridicule or shame, his action will
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
not prosper.
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
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SUGGESTED ANSWER:
moral damages.
awarded.
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
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cannot be held liable. The facts liable for the damage awarded against
happened.
SUGGESTED ANSWER:
the driver and the defense of diligence is that in such case the liability of the
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
but failed to exercise it (Art. 2184, NCC). Doctrine of Discovered Peril (Last Clear
his driver.
No.III. Explain the following concepts and
ALTERNATIVE ANSWER:
doctrines and give an example of each:
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SUGGESTED ANSWER:
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
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because the van rented by the school was they are negligent.
Explain. (2%)
SUGGESTED ANSWER:
(B). How about the damage to the jeepney? 21 years old at the time. Hence, he was
(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
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court to justify the damages that your client where my client, the bicycle rider,
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also call the attending physician to the award for moral damages.
estimation, however.
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
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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
quasi-delict.
SUGGESTED ANSWER:
encyclopedia).
ALTERNATIVE ANSWER:
proximate cause of the injury ( Article
Those liable for quasi-delict include: was the immediate and proximate cause
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
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
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QUESTIONS
(A) P200,000
(B) P300,000
(C) P400,000
(D) P150,000
SUGGESTED ANSWER:
representation (Art 975, Civil Code) from inheriting from Armand pursuant
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.
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(A) P400,000.
(B) P150,000.
(C) P300,000.
(D) P0.
SUGGESTED ANSWER:
predeceased brother.
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.
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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
SUGGESTED ANSWER:
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
(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
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therefore consent.
(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
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).
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SUGGESTED ANSWER:
Code).
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
of L, M, N, O is 1:1:1:2, respectively.
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(A) P 0.
(B) P1 00,000.
(C) P125,000.
(D) P200,000.
SUGGESTED ANSWER:
(D) P200,000
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
(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.
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ambiguous.
parties.
(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.
Obligations arising from contract have
parties.
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(A) Yes, Gary can compel Isaac to immediately demandable. Isaac lost his
immediately pay the loan. Non- right to make use of the period.
SUGGESTED ANSWER:
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SUGGESTED ANSWER:
spouse.
(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.
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(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
defaults.
becomes due.
SUGGESTED ANSWER:
of real property.
(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,
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faith is inconsequential.
(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
(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
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(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
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the lease period, Arlene decided to sell transfer of interest in the real property.
consideration.
enforceable.
SUGGESTED ANSWER:
enforceable.
d) Juridical capacity cannot exist
Frauds under Art 1403 (2)(e) of the Civil without capacity to act.
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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.
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
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b) Philippine law
c) Indonesia law
b) The mere act of tearing the will
amounts to revocation. d) Japanese law
forum;
Philippines;
procedural in nature.
a) Chinese law
a) American law
b) Philippine law
10. Pedro (Filipino) and his wife Jane Philippines. What law will apply?
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a) Philippines laws
b) Law of the place where the
spouses reside
Philippines;
was executed.
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complaint for immorality in the Supreme
a) Valid
b) Void
c) Voidable
d) Unenforceable
a) Valid
b) Void
c) Voidable
d) Unenforceable
a) Valid
b) Void
c) Voidable
d) Unenforceable
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back.
be anulled.
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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:
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moral turpitude.
b) Concealment of a sexually-
marriage.
marriage.
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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.
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
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himself, except:
a) Will/Succession
b) Mortgage
c) Pledge
d) Lease
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.
a) Accion publiciana
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
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46. Donation is perfected from the moment
---
the NCC. Property of the state which are not
public service.)
is wrong?
dominion.
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
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generic.
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obligation.
Toti.
damages.
Ayee.
obligation is solidary.
c) No, because in solidary obligation
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
c) P 100,000.00
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as cash.
compensation, except:
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
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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,
stipulation or by law.
d) Relativity of contracts
c) Autonomy of contracts
d) Relativity of contracts
regulated, except:
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things arises.
a) voidable
b) rescissible
c) void
d) unenforceable
a) voidable
b) rescissible
c) void
d) unenforceable
a) voidable
b) rescissible
c) void
d) unenforceable
b) valid because all of the essential
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d) Absolute simulation of a
contract.
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:
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c) Right to inherit
follows, except:
a) Death of decedent
b) Transmissible estate
c) Existence and capacity of
d) Payment of Taxes
follows, except:
a) It is a legal contract.
b) Only property, rights and
death, except:
a) Legal support
b) Parental authority
a) Entirely written;
b) Dated;
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
will, except:
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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
a) reserva troncal
b) preterition
c) fideicommissary
d) disposicion captatoria
entirely lost:
any effect.
contract.
authority is not reduced into
c) Contract of Sale
d) Lease
2011 Taxation Law Exam
100. Which of the following contracts of
MCQ (November 13, 2011)
sale is void?
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called
lives.
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malice.
delict.
the property.
(C) No, since the donation and its nullity of the marriage based on
(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.
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annulment.
ceased to be a Filipino.
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building.
(D) voidable.
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
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Lorna after 5 months and they chose (24) When A and B married, they chose
P50 million plus interest in Solomons favor. annulled on ground of the latters
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
in writing.
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Fidels.
illegitimate child.
(A) grandfather.
(B) brother.
(C) uncle.
(D) first cousin.
of its skin, the child could not a legatee to receive P2 million for 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.
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based on Ys fault.
revocation, Xs designation of Y
the other?
value.
or family rejoicing.
his lifetime.
(33) Contracts take effect only between the and pay the seller at P20 per
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
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
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(A) Unenforceable.
(B) Voidable.
(C) Rescissible.
(D) Void.
fact to Y.
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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
(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.
building without the Xs fault (D) Spanish law since they live in
(40) In gratitude, the grooms parents made (42) Birth determines personality. Death
brides parents shortly before their may the personality of a deceased person
spouse.
of a deceased person.
policy.
old child, surreptitiously entered the garden that would attract a 7-year old
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?
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rest.
(48) Illegitimate children, those not (A) No, but the bank can foreclose
use the surname of their (B) No, since Boyong paid for
condition. approval.
(D) biological father unless he (D) Yes, since it is but right that
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effect.
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
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workers.
claim.
(D) Void, because the Judge did not conscious that public policy did not
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on the plaintiff.
directly to himself.
rescission valid?
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
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will?
Philippines.
(B) The administration shall be following their wedding, Judy wants to file a
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had ceased.
(D) Other collateral relatives up to (C) Solidary since Roy and Carlos
(66) Roy and Carlos both undertook a (D) Joint since the conversion of
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
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amounted to P100 million. If, in his will, ceased to be beneficial and useful.
case.
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it.
recognized by law.
other heirs.
(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
their children. After three years, Joseph (D) Void, because Joseph is still
divorce Jenny and this was granted. When the Philippines does not recognize
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P1,500,000 by right of
representation since their father
C.
accretion.
attended to first.
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to do or not to do.
performance.
wifes consent.
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(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
(A) No, the residents have not to a compromise with the defendants and
the land since they merely passed dismissed the complaint outright for failure
claims.
settle their disputes before coming
to court.
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(D) No, the family council, which (87) When does the regime of conjugal
dispute, has been eliminated under (A) At the moment the parties
the Family Code. take and declare each other as
(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.
(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
(D) No, since his parents were not set off, X still owed Y P500,000. Can Y still
(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?
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is to reimburse conjugal
partnership expenses.
certificate of title.
marriage after they became 21 of
(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.
consent. Will the case prosper? attesting witnesses signed following the
(A) No, since only the couple can formalities of law, except that the Notary
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Leroy Satchel Paige
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the will.
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carried?
should the lessees sue for damages? (1%) structure is responsible for the damages
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
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Leroy Satchel Paige
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specifications.
No.1. A , the owner .
gold and precious stones. How will the of a hidden treasure is made on the
(2). 50% to O and 50% to the spouses X allowed to the finder. In the problem, the
(4). None of the above. not entitled to any share, and there is no
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share because the finding was not by acceptance by the donees father alone
chance.
SUGGESTED ANSWER:
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%)
attorney for the purpose; otherwise, the (2). The will is valid and effective
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
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NCC.
ALTERNATIVE ANSWER:
(A). bailor;
(B). bailee;
(C) comodatario;
SUGGESTED ANSWER:
(C). a necessary deposit
ALTERNATIVE ANSWER:
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Leroy Satchel Paige
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pending;
SUGGESTED ANSWER:
pending;
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
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Leroy Satchel Paige
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