2007 2013 Civil Law Philippine Bar Examination Questions and Suggested Answers JayArhSals Ladot

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
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.
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
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
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
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
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
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
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
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
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
Page 11 of 180
be considered born if it is alive at the

time it is completely delivered from the
Persons
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
personality;
but
"birth
the
determines
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

that "for civil purposes, the fetus shall
child was more than seven months old.

mother's womb. However, if the fetus
had an intra-uterine life of less than
seven months, it is not deemed born if it
dies within twenty-four (24) hours after
its complete delivery from the maternal
womb. The act of naming the unborn
Capacity; Juridical Capacity of Donee;

Requisites for Acceptance (2012)
No.I. b) Ricky donated P 1 Million to the
unborn child of his pregnant girlfriend,
child as sole beneficiary in the insurance
which she accepted. After six (6) months of
is favorable to the conceived child and
pregnancy, the fetus was born and baptized
therefore the fetus acquires presumptive
as Angela. However, Angela died 20 hours
or provisional personality. However, said
after birth. Ricky sought to recover the P 1
presumptive personality only becomes
Million.
conclusive if the child is born alive. The

child need not survive for twenty-four
Is
Ricky
entitled
to
recover?
Explain. (5%)
SUGGESTED ANSWER:
(24) hours as required under Art. 41 of

the Code because "Marian was already
due to give birth," indicating that the
Yes, Ricky is entitled to recover the

P1,000,000.00. The NCC considers a
Page 12 of 180
fetus a person for purposes favorable to

it provided it is born later in accordance
with the provision of the NCC. While the
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
the statement is FALSE, state the reason.
(2% each).
(1). Roberta, a Filipino, 17 years of age,

without the knowledge of his parents, can
contract in Australia is governed by

acquire
house
in
Australia
because
Philippine
Law,
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
Roberta, being only 17 years old, has no
Moreover,
even
it
is
assuming
situated."
that
legal
property
acquire
ownership
where
the
will
Australian Laws allow aliens to acquire
country
over
she
bought
legal capacity to acquire and own land.
capacity of Roberta in entering the
Page 13 of 180
surname in accordance with Rule 108 of
Correction of Entries; Clerical Error Act

(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

that
of
Andy's
to
Aimee's
maiden
entry and/or change the first name or

the Rules of Court because said changes
nickname in the civil register without

need of a judicial order. Errors that
are substantive corrections.
involve the change of nationality, age,

(B).
can
status, surname or sex of petitioner are
administrative proceedings be brought for
not included from the coverage of the
the
Instead
purpose
of
a
of
judicial
making
action,
the
above
corrections? (2%)
said Act (Silverio v. Republic, G.R. No.

174689, 22 Oct., 2007).
SUGGESTED ANSWER:
No. An administrative proceeding cannot
be brought for the purpose of making the
above corrections. R.A. 9048, otherwise
known as the Clerical Error Act, which
Nationality Principle (2009)

No.XII. Emmanuel and Margarita, American
citizens and employees of the U.S. State
Department, got married in the African
authorizes the city or municipal civil
state of Kenya where sterility is a ground for
registrar or the consul general to correct
annulment of marriage. Thereafter, the
a clerical or typographical error in an
spouses were assigned to the U.S. Embassy

in Manila. On the first year of the spouses
Page 14 of 180
Court of Appeals 345 SCRA 92 [2000],
tour of duty in the Philippines, Margarita

filed an annulment case against Emmanuel
before a Philippine court on the ground of
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
Margarita.
of
Since
Emmanuel
they
are
and
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. IbaySomera, 174 SCRA 653[1989], Garcia v.

Recio, 366 SCRA 437 [2001], Llorente v.
and Bayot v. Court of Appeals 570 SCRA

472 [2008]).
not Covered (2009)

No.XX. (A). If Ligaya, a Filipino citizen
ALTERNATIVE ANSWER:
The
forum
has
jurisdiction
over
an
action for the annulment of marriage

solemnized elsewhere but only when the
residing in the United States, files a petition

for change of name before the District Court
of New York, what law shall apply? Explain.
(2%)
party bringing the actions is domiciled

in the forum. In this case, none of the
SUGGESTED ANSWER:
parties to the marriage is domiciled in
New York law shall apply. The petition of
the
as
change of name file din New York does
officials of the US Embassy whose stay in
not concern the legal capacity or status
the country is merely temporary, lasting
of the petitioner. Moreover, it does nto
only during their fixed tour of duty.
affect the registry of any other country
Hence, the Philippine courts have no
including the country of birth of the
jurisdiction over the action.
petitioner.
Philippines.
They
are
here
Whatever
judgment
is
rendered in that petition will have effect

only in New York. The New York court
Nationality Principle; Change of Name
Page 15 of 180
Philippine law will apply. The petition for
cannot, for instance, order the Civil

Registrar in the Philippines to change its
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%)
SUGGESTED ANSWER:
change of name in the Philippines will

affect only the records of the
of
petitioner and his transactions in the
Philippines. The Philippine court can
never
acquire
jurisdiction
over
the
custodian in the US of the records of the

petitioner. Moreover, change of name has
nothing to do with the legal capacity or
status of the alien. Since Philippine
records and transactions are the only
ones affected, the Philippine court may
lex
the
nationality
governed by national law, the matter of

change of name being included in the
legal status. The Supreme Court has
reiterate in several cases, that the lex
patriae as provided in Article 15 of the
Civil
Code
nationals
is
in
applicable
determining
to
foreign
their
legal
status (supra).
Conflict of Laws
with the laws governing those records
Philippine law.
or
principle, by which his legal status is
effect the change only in accordance
and transactions that law cannot be but
patriae
Processual Presumption (2009)
ALTERNATIVE ANSWER:
No.I. TRUE or FALSE. Answer TRUE if the
U.S. law shall apply as it is his national
statement
law. This is pursuant to the application
statement is false. Explain your answer in
is
true,
or
FALSE
if
the
not more than two (2) sentences.

Page 16 of 180
(A).
The
doctrine
ALTERNATIVE ANSWER:
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.
(2009)
(1) Public Order. To maintain peace and
order, disputes that disturb the peace of
No.XIII. Rafael, a wealthy bachelor, filed a

petition for the adoption of Dolly, a one-year
the forum should be settled by the court
old foundling who had a severe heart ailment.
of the forum even though the application
During
of the foreign law is necessary for the
proceedings, Rafael died of natural causes.
purpose.
The Office of the Solicitor General files a
(2) Humanitarian Principle. An aggrieved

party should not be left without remedy
the
pendency
of
the
adoption
motion to dismiss the petition on the ground

that the case can no longer proceed because
of the petitioners death.
in a forum even though the application

of the foreign law by the courts of the
(A). Should the case be dismissed? Explain.
forum is unavoidable in order to extend
(2%)
relief.
SUGGESTED ANSWER:
Adoption
Adoption; Termination; Death of Adopter
It
depends
on
the
stage
of
the
proceedings when Rafael died. If he died

after all the requirements under the law
Page 17 of 180
adoptee who dies because adoption is
have been complied with and the case is

already submitted for resolution, the
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
decree should be allowed in case it is the
primarily for his benefit.
SUGGESTED ANSWER:
Adoption; Illegitimate Child (2010)
No.VIII. Spouses Rex and Lea bore two
children now aged 14 and 8. During the
The
consent
of
the
14-year-old
legitimate child, of the 10- year -old

illegitimate child and of the biological
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
On Leas discovery of Rexs fathering a child

by another woman, she filed a petition for
legal separation which was granted.
Rex now wants to adopt his illegitimate
child.
(A) Whose consent is needed for Rexs
adoption of his illegitimate child? (2.5%)
required
because
there
was
already a final decree of legal separation.

(B) If there was no legal separation, can Rex
still adopt his illegitimate child? Explain.
(2.5%)
SUGGESTED ANSWER:
Yes, he can still adopt his illegitimate
child but with the consent of his spouse,
Page 18 of 180
law is silent as to what middle name an
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;
Mothers
Illegitimate Child; Use of

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
adoptee may use. In case of In re:
Adoption of Stephanie Nathy Astorga
Consent; Consent of the Adopters Heirs
Garcia, G.R. No. 148311, March 31,
(2008)
2005, the Supreme Court ruled that the

adopted child may use the surname of
the natural mother as his middle name
because there is no prohibition in the
No.V. Despite several relationships with

different
unmarried.
women,
His
Andrew
first
remained
relationship
with
Brenda produced a daughter, Amy, now 30
law against it. Moreover, it will also be
years old. His second, with Carla, produced
for the benefit of the adopted child who
two sons: Jon and Ryan. His third, with
shall
his
Donna, bore him no children although
mothers side and reinforce his right to
Elena has a daughter Jane, from a previous
inherit from his mother and her family.
relationship. His last, with Fe, produced no
Lastly, it will make the adopted child
biological
conform with the time-honored Filipino
adopted without court proceedings, Sandy's
preserve
tradition
of
his
lineage
carrying
the
on
mothers
surname as the persons middle name.
children
but
they
informally
now 13 years old, whom they consider as

their own. Sandy was orphaned as a baby
and was entrusted to them by the midwife
who attended to Sandy's birth. All the
Page 19 of 180
including Amy and Elena obtains the
children, including Amy, now live with
(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
Act
consent
of
of
1998,
the
the
written
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
written consent of Jane, if she is over

ten years old (Sec. 9(d), RA 8552).
andrew in his house.
Adoption
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,
husband and wife to adopt jointly except

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

No.IX. Eighteen-year old Filipina Patrice
of the exceptions (R.A. 8552).
had a daughter out of wedlock whom she
Family Code
named Laurie. At 26, Patrice married

American citizen John who brought her to
live with him in the United States of
America.
John
at
once
signified
his
willingness to adopt Laurie.
Marriage; Annulment; Grounds (2009)

No.XII. Emmanuel and Margarita, American
citizens and employees of the U.S. State
Can John file the petition for adoption? If

yes, what are the requirements? If no, why?
(5%)
Department, got married in the African

state of Kenya where sterility is a ground for
annulment of marriage. Thereafter, the
spouses were assigned to the U.S. Embassy
in Manila. On the first year of the spouses
SUGGESTED ANSWER:
tour of duty in the Philippines, Margarita

No, John cannot file the petition to
filed an annulment case against Emmanuel
adopt
before a Philippine court on the ground of
alone.
Philippine
law
requires
Page 20 of 180
governed by Kenyan law and any issue as
her husbands sterility at the time of the

(B). Assume Emmanuel and Margarita are
both
Filipinos.
Kenya,
they
After
come
their
back
wedding
and
take
in
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,
the formal validity of such marriage is
to the formal validity of that marriage
Since
shall be determined by applying Kenyan
sterility
does
not
constitute
absence or defect in the legal capacity of

the parties under Philippine law, there is
law and not Philippine law.
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).
Sterility of a party as a ground for the
Marriage; Annulment; Grounds (2007)
annulment of the marriage is not a
No. VII. Write "TRUE" if the statement is
matter of form but a matter of legal
capacity. Hence, the Philippine court
must
apply
Phillippine
law
in
determining the status of the marriage

on the ground of absence or defect in the
legal capacity of the Filipino parties.
(2% each).
(4). The day after John and Marsha got
married,
John
told
her
that
he
was
impotent. Marsha continued to live with
Page 21 of 180
by any of the spouses.
John for 2 years. Marsha is now estopped

from filing an annulment case against
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
declaration of nullity may only be filed
ALTERNATIVE SUGGESTED ANSWER:
two business firms to G and their two

No, I do not agree. There are others who
may file a petition for declaration of
children, aged 18 and 19.

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

Lite (2010)
day-to-day living expenses and upkeep of
No.V. G filed on July 8, 2000 a petition for

declaration of nullity of her marriage to B.
During the pendency of the case, the
couple
entered
agreement
For her part, G undertook to shoulder the
to
into
dissolve
compromise
their
absolute
community of property. B ceded his right to

their house and lot and all his shares in
the
children.
The
Court
approved
the
spouses agreement on September 8, 2000.

(A) Suppose the business firms suffered
reverses, rendering G unable to support
herself and the children. Can G still ask for
support pendente lite from B? Explain. (3%)
Page 22 of 180
Marriage;
SUGGESTED ANSWER:
If B acquiesces and does not file the
Divorce
Decrees;
Filipino
Spouse Becoming Alien (2009)
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
be
Europe, became a naturalized citizen of
conclusively
presumed
as
the
that country, divorced Harry, and married
legitimate daughter of B by G.
Joseph.
year
thereafter,
Joseph
had squandered the P3 million fund for
permanent residence in the Philippines.
their college degrees, can they ask for more

support from B? Explain. (3%)
and
and
(B) Suppose in late 2004 the two children
their education before they could obtain
returned
Wilma
established
(A). Is the divorce obtained by Wilma from

Harry
recognized
in
the
Philippines?
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
her
professions,
trade
or
vocation,
is
recognized
as
they shall have finished or completed
foreigner. Philippine personal laws do
their education (Article 194, Paragraph
not
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
is
the
Philippines
to
she
in
even beyond the age of majority until
apply
because
valid
foreigner.
as
to
now
However,
him
consequently, he cannot remarry.
and,
ALTERNATIVE ANSWER:
Page 23 of 180
Yes , the divorce obtained by Wilma is

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
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
foreign
and
enforcement
judgment
of
Harry legally marry Elizabeth? Explain.
divorced
of
the
(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,
Wilma is already married to Joseph. Can
(2%)
SUGGESTED ANSWER :
In Republic v. Obrecido, however, the

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
to the case of Harry it would seem that
he is not given the capacity to remarry.
This is because Wilma was a Filipino at
the time of her marriage to Harry.
Marriage;
Divorce
Decrees;
Foreign
Spouse Divorces Filipino Spouse (2012)

(b) Cipriano and Lady Miros married each
other. Lady Miros then left for the US and
there, she obtained American citizenship.
Page 24 of 180
Cipriano
later
learned
all
about
this
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
Filipino who married another Filipino at

the time of the marriage, but who was
already a foreigner when the divorce was
obtained.
Marriage;
Divorce
when a foreign spouse divorces his/her
Decrees;
Foreign
Spouse Divorces Filipino Spouse (2010)

No.I. True or False.
(A). Under Article 26 of the Family Code,
Filipino spouse, the latter may re-marry by
that the decree of divorce obtained

proving only that the foreign spouse has
abroad
by
the
obtained a divorce against her or him
sufficient
to
abroad. (1%)
spouse to remarry.
foreigner
capacitate
spouse
the
is
Filipino
SUGGESTED ANSWER :
FALSE, In Garcia v. Recio , 366 SCRA
Marriage; Legal Separation; Prescription
437 (2001) , the SC held that for a
(2012)
Filipino
spouse
to
have
capacity
to
contract a subsequent marriage, it must

also be proven that the foreign divorced
obtained abroad by the foreigner spouse
give such foreigner spouse capacity to
remarry.
ALTERNATIVE ANSWER:
No.IV.a)
After
they
got
married,
Nikki
discovered that Christian was having an

affair with another woman. But Nikki
decided to give it a try and lived with him
for two (2) years. After two (2) years, Nikki
filed an action for legal separation on the
ground of Christians sexual infidelity. Will
the action prosper? Explain. (5%)
TRUE, Art 26 (2) (FC), clearly provides
Page 25 of 180
occurrence
Although the action for legal separation

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,
action
account
of
will
sexual
infidelity
committed in 2002 runs from 2002, for
SUGGESTED ANSWER:
Nikkis
of
not
condonation.
prosper
on
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:
FALSE. The five-year prescriptive period
for filing legal separation runs from the
obligations of marriage because Neil is a

the sexual infidelity committed in 2003,
the prescriptive period runs from 2003
and
so
on.
The
action
for
legal
separation for the last act of sexual
drunkard, a womanizer, a gambler, and a

mama's boy- traits that she never knew or
saw when Neil was courting her. Although
summoned, Neil did not answer Maria's
petition and never appeared in court.
infidelity in 2005 will prescribe in 2010.

To support her petition, Maria presented
three witnesses- herself, Dr. Elsie Chan,
Marriage;
Psychological
Incapacity
(2013)
No.I. You are a Family Court judge and
before you is a Petition for the Declaration
of Nullity of Marriage (under Article 36 of
the Family Code)filed by Maria against Neil.
Maria claims that Neil is psychologically
incapacitated to comply with the essential
and Ambrosia. Dr. Chan testified on the

psychological
report
on
Neil
that
she
prepared. Since Neil never acknowledged

n9r
responded
to
her
invitation
for
interviews, her report is solely based on her

interviews with Maria and the spouses'
minor children. Dr. Chan concluded that
Neil
is
suffering
from
Narcissistic
Personality Disorder, an ailment that she

found to be already present since Neil's
Page 26 of 180
serious enough to prevent Neil from
early adulthood and one that is grave and

incurable. Maria testified on the specific
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
psychological
Personality
before
the
is
suffering
incapacity
Disorder]
marriage,
from
[Narcissistic
existing
already
incurable
and
performing
his
essential
marital
obligations. Dr. Chans report contains
mere conclusions. Being a drunkard, a

womanizer, a gambler and a mamas boy,
merely shows Neils failure to perform
his marital obligations. In a number of
cases, the Supreme Court did not find
the existence of psychological incapacity
in cases where the respondent showed
habitual
drunkenness
(Republic
v.
Melgar, G.R. No. 139676, 2006), blatant

display of infidelity and irresponsibility
(Dedel v. CA, 2004) or being hooked to
gambling and drugs (Republic v. TanyagSan Jose, G.R. No. 168328, 2007).
ALTERNATIVE ANSWER:
Yes. The petition should be granted.

The personal medical or psychological
examination
of
requirement
respondent is
for
psychological
not
declaration
incapacity.
It
is
a
of
the
totality of the evidence presented which

shall
determine
psychological
the
incapacity
existence
of
(Marcos
v.
Marcos, G.R. No. 136490, Oct 19, 2000).

Dr. Chans report corroborated by Marias
and Ambrosias testimonies, therefore,
sufficiently prove Neils psychological
incapacity
to
assume
his
marital
obligations.
Page 27 of 180
Marriage;
cannot be annulled on the ground of
Psychological
Incapacity
(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
petitioner.
only
on
Should
the
the
narration
annulment
of
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
respondent,
it
incapacity
of
the
is
that
the
required
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
respondents psychological incapacity if
When Faye was 25 years old, Brad discovered
the said report is the only evidence of

respondents psychological incapacity.
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,
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

marriage. When Faye reached 18 years of age,
her parents forcibly took her 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.
SUGGESTED ANSWER:
No. The marriage of Roderick and Faye is
not valid. Art. 4, FC provides that the
absence of any of the essential or formal
requisites renders the marriage void ab
initio. However, no license shall be
Page 28 of 180
necessary for the marriage of a man and

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 fiveyear
period
exclusivity
is
and
characterized
continuity.
In
by
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
a divorced German national born of a
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,
German
father
and
Filipino
residing in Stuttgart. To avoid being
mother
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

Parish Priest of Calamba, Laguna in a
beach in Nasugbu, Batangas, as the local
parish
priest
refused
to
solemnize
marriages except in his church. Is the
proceeding for the declaration of the

presumptive death of absent spouse.
Otherwise, the second marriage shall be
null and void. In the instant case, the
husband
marriage valid? Explain fully. (5%)
of
Ana
was
among
the
passengers on board a commercial jet

SUGGESTED ANSWER:
plane which crashed in the Atlantic
No. The marriage is not valid. Art. 41 FC

allows the present spouse to contract a
subsequent
marriage
during
the
Ocean.
The
body
of
the
deceased
husband was not recovered to confirm

his death. Thus, following Art. 41, Ana
Page 29 of 180
should
have
first
Yes. Jon and Jane can marry each other;
secured
judicial
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)
different
unmarried.
women,
His
Andrew
first
remained
relationship
with

biological
children
but
they
informally

(D). Can Jon and Jane legally marry? (1%)
SUGGESTED ANSWER:
Jon is an illegitimate child of Andrew
David and they got married when she was

while Jane is a child of Elena from a
previous
relationship.
Thus,
their
marriage is not one of the prohibited

marriages enumerated under Art. 38 of
20 years old. David had a son, Julian, with

his ex-girlfriend Sandra. Julian and Thelma
can get married.
SUGGESTED ANSWER:
the FC.
TRUE.
Julian
and
Thelma
can
get
married. Marriage between stepbrothers

and
Marriage; Void Marriages; By Reason of
Public Policy (2007)
stepsisters
are
not
among
the
marriages prohibited under the Family

Code.

Marriage;
(2% each).
Relations (2009)
(5). Amor gave birth to Thelma when she

was 15 years old. Thereafter, Amor met
Void
Marriages;
Property
No. III. In December 2000, Michael and

Anna, after obtaining a valid marriage
Page 30 of 180
assumption that there was no
license, went to the Office of the Mayor of

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
of the Family Code. This is on the
neighboring municipality.
impediment for them to validity marry

each other.
When the secretary caught up with the

Mayor at the wedding reception, she showed
him the marriage contract forms and told
Marriage;
Void Marriages; Status of
Children (2009)
Anna, after obtaining a valid marriage

license, went to the Office of the Mayor of
Urbano, Bulacan, to get married. The
was
not
were waiting in his office. The Mayor

forthwith signed all the copies of the
No. III. In December 2000, Michael and
Mayor
him that the couple and their witnesses
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
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.
(A). Is the marriage of Michael and Anna
valid,
voidable,
or
void?
Explain
your
answer. (3%)
Page 31 of 180
lesson to like-minded Lotharios.
SUGGESTED ANSWER :
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
fact, he was not; and exemplary, to teach a
marry
her,
representing that he was single when, in
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
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.
him,
because
he
is
better
why not? (2%)

SUGGESTED ANSWER:
No, because Rodolfo has no parental
Parental Authority; In Vitro Fertilization

(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

illegitimate father recognized the child
undertook to underwrite Majorettes prenatal expenses as well as those attendant
Page 32 of 180
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,
Venus. The couple acquired a residential lot
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.
The relationship produced one offspring,
Family
in Paraaque. After four (4) years or in
2001,
having
completed
her
4-year
Code).
While
Venus
was
legitimated by the subsequent marriage

of her parents, such legitimation was
college degree as a fulltime student, she
rendered
and
marriage was later on declared null and
contracted
marriage
without
license.
The marriage of B and G was, two years
void
ineffective
due
to
when
absence
of
the
said
marriage
license.
later, declared null and void due to the
Under Article 178 of the Family Code,
absence of a marriage license.
legitimation
(B). Is Venus legitimate, illegitimate, or

legitimated? Explain briefly. (3%)
subsequent
Venus is illegitimate. She was conceived

and born outside a valid marriage. Thus,
she is considered illegitimate (Art 165,
valid
take
place
marriage
by
between
parents. The annulment of a voidable

marriage
SUGGESTED ANSWER:
shall
shall
legitimation.
underscored
not
The
portion
affect
inclusion
in
the
the
of
the
Article
necessarily implies that the Article's

application
is
limited
to
voidable
marriages. It follows that when the
Page 33 of 180
presumed as the child of B under Article
subsequent marriage is null or void, the

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
offsprings.
Albeit
personality
and
they
differences,
begot
had
the
two
serious
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
daughter
on
man
the
as
his
ground
legitimate
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
164 of the Family Code. In the same
legitimate daughter of B by G.
action to impugn, B can pray for the
correction of the status of the said
Paternity
daughter in her record of birth.
&
Fertilization;
(B). If B acquiesces to the use of his
Filiation;
In
Surrogate
Mothers
Vitro
Remedy to Regain Custody (2010)
surname by Gs daughter by another man,

what is/are the consequence/s? Explain.
No.VI. Gigolo entered into an agreement
(5%)
with Majorette for her to carry in her womb

his baby via in vitro fertilization. Gigolo
SUGGESTED ANSWER:
undertook to underwrite Majorettes pre-
If B acquiesces and does not file the

action to impugn the legitimacy of the
child within the prescriptive period for
natal expenses as well as those attendant

to her delivery. Gigolo would thereafter pay
Majorette P2 million and, in return, she
would give custody of the baby to him.
doing so in Article 170 of the Family

Code, G's daughter by another man shall
After Majorette gives birth and delivers the
be
baby to Gigolo following her receipt of P2
conclusively
presumed
as
the
Page 34 of 180
million, she engages your services as her

lawyer to regain custody of the baby.
(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
baby? Explain. (2.5%)
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.
(B) Can Gigolo demand from Majorette the
return of the P2 million if he returns the
SUGGESTED ANSWER:
If Gigolo voluntarily recognized the child

No, he cannot. Both he and Majorette are
guilty of violating the provision of the
Anti-Child Abuse Law (RA7610) on child
trafficking. Being in pari delicto, the
partners shall be left where they are and
Gigolo cannot demand the return of what
he paid.
ALTERNATIVE ANSWER:
as his illegitimate child in accordance

with Article 175 in relation to Article
172 of the Family Code, the child is
entitled to support and inheritance from
Gigolo.
ALTERNATIVE ANSWER:
Yes, because Gigolo is the natural and
biological parent of the baby.
Yes. The agreement between Gigolo and

Majorette is a valid agreement.
Paternity
(D) Is the child entitled to support and
inheritance from Gigolo? Explain. (2.5%)
SUGGESTED ANSWER:
&
Filiation;
Legitimacy;
Presumption (2008)
No. III. Roderick and Faye were high school
sweethearts. When Roderick was 18 and
Faye, 16 years old, they started to live
together as husband and wife without the
Page 35 of 180
Tanhoti-Liyao, G.R. No. 138961, 07
benefit of marriage. When Faye reached 18

years of age, her parents forcibly took her
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 bring an action to
impugn her own status. In Liyao Jr. v.
No. Laica cannot be legitimated by the

March 2002, the Supreme Court ruled
that impugning the legitimacy of the
child is a strictly personal right of
husband, except: (a) when the husband
died before the expiration of the period
fixed for bringing the action; (b) if he
should
die
complaint,
after
the
without
filing
having
of
the
marriage
of
her
biological
parents
because 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 (Art. 177, FC).
desisted
therefrom, or (c) if the child was born

after the death of the husband. Laica's
case does not fall under any of the
exceptions.
(D).
Can
Laica
Paternity & Filiation; Legitimation of a

Child from a Previous Valid Marriage
(2008)
be
legitimated
by
marriage of her biological parents? (1%)
the
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
SUGGESTED ANSWER:
single at the time, Aimee was still in the
Page 36 of 180
No. I. TRUE or FALSE. Answer TRUE if 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.
(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 true, or FALSE if the
child's ascendants ,or other relatives .

Paternity
(E). A dead child can be legitimated. (1%)
&
Filiation;
Support:
Ascendants & Descendants; Collateral

Blood Relatives (2008)
SUGGESTED ANSWER:
TRUE To be legitimated, the law does not
different
require a child to be alive at the same
unmarried.
time of the marriage of his / her parents
( 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
legitimation will benefit no one but the
women,
His
Andrew
first
remained
relationship
with

biological
children
but
they
informally

Page 37 of 180
Paternity & Filiation; Use of Surname;
Illegitimate Child (2009)


(B). In his old age, can Andrew be legally
entitled to claim support from Amy, Jon,
Ryan, Vina, Wilma, and Sandy assuming
expenses
that all of them have the means to support
him? (1%)
Rodolfo
in
delivering
promised
to
the
child
marry
by
her,

SUGGESTED ANSWER:
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
SUGGESTED ANSWER:
Amy, Jon, Ryan, Vina, Wilma and Sandy
cannot legally claim support from each
other because Art. 195, par 5 limits the
giving of support to "legitimate brothers
and sisters, whether full or half blood."
him the right simply because he gave her

support (RA 9255).
Under the Family Code, an illegitimate

child was required to use only the
surname of the mother. Under RA 9255,
otherwise known as the Revilla law,
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

Page 38 of 180
No,
compel Rona, if already of age, to use

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
intervened
claiming
deceaseds
illegitimate
and
shares
Baldomero
as
the
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:
Alberto
and
Baldomero
are
entitled to share in Edilbertos estate.
not
illegitimate children. Before they can be

They are not related at all to Edilberto.
They were born during the marriage of
Conrado
and
Clarita,
hence,
are
considered legitimate children of the

said spouses. This status is conferred on
them at birth by law.
conferred
illegitimate
first
the
status
children,
impugn
their
of
Edilbertos
Condrado
must
legitimacy.
Since
Condrado has not initiated any action to

impugn their legitimacy, they continue
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.
In the problem, therefore, the filiation of

Alberto and Baldomero as legitimate
children of Condrado cannot be changed
Property
Relations;
Adulterous
Relationship (2009)
No. XI. TRUE or FALSE. Answer TRUE if
the statement is true, or FALSE if the
by their recognition by Edilberto as his

Page 39 of 180

(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
partner
relations
and
governed
between
his/her
by
ordinary
married
paramour
is
co-ownership
where the partners become co-owners

only
when
they
acquisition
paramour
of
is
contributed
the
deemed
building conjugal or paraphernal? Reasons.
to
property.
to
have
the
The
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
(5%)
Note: The rule on reverse accession is

SUGGESTED ANSWER:
applicable only to the regime of conjugal
It depends. If the value of the building is

more than the value of the land, the
building
is
conjugal
and
the
land
becomes conjugal property under Art.
partnership of gains in both the Family

Code and the New Civil Code. The foregoing
answer assumes that CPG is the regime of
the property relations of the spouses.
120 of the Family Code. This is a case of

reverse accession, where the building is
considered as the principal and the land,
the accessory. If, on the other hand, the
Property Relations; Ante-Nuptial Debt

(2007)
value of the land is more than the value
of the building, then the ordinary rule of
accession applies where the land is the
principal
and
(2% each).
accessory.
In
the
such
building,
case,
the
the
land
remains paraphernal property and the
(3). An individual, While single, purchases a

house and lot in 1990 and borrows money
building becomes paraphernal propery.

Page 40 of 180
in
1992
to
repair
it.
In
1995,
such
individual gets married while the debt is
Property
Relations;
Unions
Without
Marriage (2012)
still being paid. After the marriage, the debt

is still the responsibility of such individual.
No.V. a) Spouses Primo and Monina Lim,

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
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
that
they
were
the
childrens
death.
ALTERNATIVE ANSWER:
She decided to adopt the children by
FALSE.
The
the
availing the amnesty given under R.A. 8552
community
to those individuals who simulated the
property, because the property already
birth of a child. She filed separate petitions
constitutes
for the adoption of Michelle, then 25 years
responsibility
debt
is
of
the
absolute
already
community
property under Art. 91 of FC which took

effect in 1988 while the house and lot
here involved was purchased in 1990.
old and Michael, 18. Both Michelle and

Michael gave consent to the adoption.
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
FC). If the spouses established a conjugal
needed,
partnership, the property belongs to the

individual spouse if full ownership was
vested before marriage (Art. 118, FC).
for
the
adoptees
are
already
emancipated.
Is the trial court correct in dismissing the
petitions for adoption? Explain. (5%)
SUGGESTED ANSWER:
Page 41 of 180
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
domain.
alienable
After
lands
Jambrich
rights and interests in the Agro-Macro
of
the
and
public
Descallar
separated, Jambrich purchased an engine

and some accessories for his boat from
Borromeo. To pay for his debt, he sold his
properties to Borromeo.
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
SUGGESTED ANSWER:
the
income
of
Jambrich
from
his
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
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
part
of
the
properties,
his
Page 42 of 180
each
other
Art.
148-co-ownership
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.
Descallar
If,
on
the
other
hand
to
their
contributed
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;
ab initio under Article 36 of the Family
Void
Marriages
(2010)
No.VII. G and B were married on July 3,
1989. On March 4, 2001, the marriage,
which bore no offspring, was declared void
Code. At the time of the dissolution of the
SUGGESTED ANSWER:
marriage, the couple possessed the

following properties:
Since the marriage was declared void ab
a house and lot acquired by B on

August 3, 1988, one third (1/3) of
the
purchase
price
(representing
downpayment) of which he paid; one
or
Conjugal
Partnership
was
ever
established between B and G. Their

property relation is governed by a
G on
special co-ownership under Article 147
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.
third
(1/3) was paid by
graduation on April 6, 1989; and

the balance was paid out of the
spouses joint income; and
initio in 2001, no Absolute Community
an apartment unit donated to B by

an uncle on June 19, 1987.
Under
that
Article
147,
wages
and
salaries of the former spouses earned

during their cohabitation shall be owned
by them in equal shares while properties
acquired thru their work for industry
(B) Who
owns
Explain. (5%)
the
foregoing
properties?
shall be owned by them in proportion to
Page 43 of 180
during the cohabitation, hence, it is his
their respective contributions. Care and

maintenance of the family is recognized
as
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
exclusive property.
(2) 1/3 of the house and lot is owned by
G. She is an undivided co-owner to the

extent
for
her
contribution
in
its
acquisition when she paid 1/3 of the
After
summing
up
their
prospective
shares, B and G are undivided co-owners

of the house and lot in equal shares.
purchase price using the gift from her
As
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
industry.
because it did not come from his wage or
to
the
still
be
apartment,
his
it
exclusive
is
owned
property
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,
is shared by them equally in the absence

of any proof to the contrary.
who owns the properties? Explain. (5%)

SUGGESTED ANSWER:
Page 44 of 180
The answer is the same as in letter A.

Since the parties to the marriage which
was later declared void ab initio were
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
(2010)
Relations;
No.X. In 1997, B and G started living
Void
Marriages
together without the benefit of marriage.

The relationship produced one offspring,
Venus. The couple acquired a residential lot
and G. Their properties are governed by

in Paraaque. After four (4) years or in
the special co-ownership provision of
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
each other. The said Article provides
2001,
having
contracted
completed
marriage
her
without
license.
that when a man and a woman who are
The marriage of B and G was, two years

later, declared null and void due to the
capacitated to marry each other, live

exclusively with each other as husband
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
Absolute
Community
or
Conjugal
parties are co-owners if they contributed

something of value in the acquisition of
Partnership was established between B

Page 45 of 180
the
property.
proportion
Their
to
contributions.
share
their
In
an
is
respective
ordinary
co-
the family is not recognized as a valuable

contribution for the acquisition of a
property. In the Article 147 special cohowever,
Succession
in
ownership the care and maintenance of
ownership
care
and
Disposition; Mortis Causa vs. Intervivos;

Corpse (2009)
maintenance is recognized as a valuable

contribution
contributor
which
to
half
will
of
entitle
the
the
property
acquired.
Having
(E). A person can dispose of his corpse

through an act intervivos. (1%)
SUGGESTED ANSWER:
been
acquired
during
their
False. A persons cannot dispose of his
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
cohabitation,
the
residential
lot
Article 147 also provides that when a
to take effect upon his death.
party to the void marriage was in bad

faith, he forfeits his share in the coownership
in
favor
of
the
common
children or descendants, the default of
Heirs;
Fideicommissary
Substitution
(2008)
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
faith and no forfeiture shall take place.
her illegitimate daughter Scarlet who was

then only one year old. Raymond later died,
leaving behind his widowed mother, Ruffa
and Scarlet.
Page 46 of 180
illegitimate child, cannot inherit the
(A). Is the condition imposed upon Ruffa, to

preserve the property and to transmit it
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
Raymond's
from
death,
the
even
time
though
of
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
Raymond's
predeceases
widowed
mother
Raymond,
will
be
entitled to the inheritance. Scarlet, an
property by intestate succession from

Raymond who is a legitimate relative of
each
Ruffa (Art. 992, Civil Code). Moreover,
Scarlet is not a compulsory heir of
of
their
children
as
their
presumptive legitimes.
Peter later re-married and had two (2)
Raymond, hence she can inherit only by
children by his second wife Marie. Peter and
testamentary
Marie,
succession.
Since
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

been dissolved, they delivered P1 million to
Their shares in the estate of Peter will

depend, however, on the cause of the
Page 47 of 180
Surviving
nullity of the first marriage. If the
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
marriage
2
by first 1/6 of the estate

for each
children by second 1/6 of the estate
marriage
for each
spouse
second 1/6 of the estate
the
(B) If the ground of nullity is not
psychological capacity:
2
legitimate of the estate for
children
each
of
second
marriage
Surviving
illegitimate 1/12
children
of
is
left
after
paying
the
legitime of the surviving spouse which is

preferred.
Hence, the remaining of the estate
shall be divided among the 3 illegitimate
children.
of the estate
second spouse
3
estate
estate
for
each of first marriage
(B). What is the effect of the receipt by

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

child is supposed to be the legitime of
SUGGESTED ANSWER:
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
pay
children of the first marriage shall be
the
said
legitime
of
the
illegitimate children, because only of
presumptive
received
by
the
collated to Peters estate and shall be
Page 48 of 180
While Arnel is a legal heir of Franco, he

imputed
as
an
advance
of
their
respective inheritance from Peter. Only

half
of
the
presumptive
legitime
is
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
heir of the decedent he seeks to inherit
from.
is not a legal heir of Ricky because under
(B).In reservatroncal, all reservatarios (reser

Art 992 of the NCC, an illegitimate child
has no right to inherit ab intestato from
vees) inherit as a class and in equal shares

regardless of their proximity in degree to
the prepositus. (1%)
the legitimate children and relatives of

his
father
disqualified
or
to
mother.
inherit
Arnel
from
is
SUGGESTED ANSWER:
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
No. I. TRUE or FALSE. Answer TRUE if the

statement
is
true,
or
FALSE
if
the

and what shares they will tak, i.e., the

direct line excludes the collateral, the
descending
direct
line
excludes
the
ascending ,the nearer excludes the more

remote, the nephews and nieces exclude
Page 49 of 180
half the share of a full-blood sibling.
the uncles and the aunts, and half blood

relatives inherit half the share of fullblooded 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 fullblood 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
blood, a half blood sibling will receive
The wife will receive one half (1/2) of the

(1). The wife of Ramon will, therefore,
receive one half () of the estate or the
estate or P5,000,000.00. The other half

shall be inherited by (1) the full-blood
brother,
amount of P5,000,000.00.
(2). The three (3) full-blood brothers, will,
represented
by
his
three
children, and (2) the half-sister. They will
therefore, receive P1,000,000.00 each.
divide the other half between them such
(3).
that the share of the half-sister is just
The
nephew
P1,000,000.00
will
by
receive
right
of
half the share of the full-blood brother.

The share of the full-blood brother shall
representation.
(4). The two (2) half-brothers will receive
in
turn
be
inherited
by
the
three
nephews in equal shares by right of
P500,000.00 each.
presentation.
(B). If Ramon is survived by his wife, a halfsister,
and three
nephews
(sons
of a
deceased full-blood brother)? Explain. (3%)

SUGGESTED ANSWER:
Therefore, the three (3) nephews will

receive P1,111,111.10 each the halfsister
will
receive
the
sum
of
P1,666,666.60.
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,
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.
share as of the children. Thus, ownership
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
the
rules
on
intestate
over the house and lot will be created

among
wife
Erica
and
her
children
Bernice, Connie and Dora. Similarly, the

amount of P 1 million will be equally
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
page, but this only contained the notarial
Representation:
acknowledgement.
Child; Iron Curtain Rule (2007)
The
attestation
clause
Succession;
Rights
Illegitimate,
of
Adopted
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
have been complied with.
other, and the
notary
public
who
notarized the will. There are no marginal

signatures or pagination appearing on any of
the 3 pages. Upon his death, it was discovered
that apart from the house and lot, he had a P
1 million account deposited with ABC bank.
In 1970, Ramon and Dessa got married.

Prior to their marriage, Ramon had a child,
Anna. In 1971 and 1972, Ramon and Dessa
legally
adopted
Cherry
and
Michelle
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
Page 51 of 180
requires the representative to be a legal
twins, Hans and Gretel, with his girlfriend,

Fiona. In 2005, Anna, Larry and Cherry
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
adopted.
The
the
adopter
law
on
and
the
representation
heir of the person he is representing and
time, adoption was governed by the New

also of the person from whom the person
being
represented
was
supposed
to
inherit. While Shelly is a legal heir of

Cherry, Shelly is not a legal heir of
Ramon.
Adoption
personal
legal
created
relation
only
purely
between
Cherry and Shelly.
Civil Code. Under the New Civil Code,

husband and wife were allowed to adopt
separately or not jointly with the other
spouse. And since the problem does not
specifically and categorically state, it is
possible to construe the use of the word
"respectively"
in
the
problem
as
indicative of the situation that Cherry

(2). Hans and Gretel are barred from
was
inheriting from Ramon under Art. 992,
Michelle was adopted by Dessa alone. In
NCC. Being illegitimate children, they
such
cannot inherit ab intestao from Ramon.
alternative answer to the problem will be
ALTERNATIVE ANSWER:
The problem expressly mentioned the
dates of the adoption of Cherry and
Michelle as 1971 and 1972. During that
adopted
case
of
by
Ramon
separate
alone
adoption
and
the
as follows: Only Lia will inherit from

Ramon in representation of Ramon's
illegitimate daughter Anna. Although Lia
is an illegitimate child, she is not barred
from inheriting from Ramon because her
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
and RVC, his parents; and an illegitimate
inherit
in
representation
of
Cherry because Shelly is just an adopted

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
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
cannot
children
inherit
from
of
Larry,
the
they
legitimate
relatives of their father Larry. Ramon is

a legitimate relative of Larry who is the
legitimate father.
Legitimes; Compulsory Heirs (2012)
child, SGO?
after working for so many years in the

Middle East. He had saved P100.000 in his
SUGGESTED ANSWER:
saving account in Manila which intended to
A testator may dispose of by will the free
use to start a business in his home
portion of his estate. Since the legitime
country. On his flight home, Ernesto had a
of JCP is 1/8 of the estate, SGO is of
fatal heart attack. He left behind his
the estate and that of HBR and RVC is
widowed mother, his common-law wife and
of the hereditary estate under Art 889 of

the NCC, the remaining 1/8 of the estate
is the free portion which the testator
may dispose of by will.
their twins sons. He left no will, no debts,

no other relatives and no other properties
except the money in his saving account.
Who are the heirs entitled to inherint from
him and how much should each receive?
(3%)
Legitime; Compulsory Heirs (2008)
SUGGESTED ANSWER:
No.
Filipino
The mother and twin sons are entitled to
worker, was coming home to the Philippines
inherit from Ernesto. Art. 991 of the
XII.
Ernesto,
an
overseas
Civil Code, provides that if legitimate

Page 53 of 180
ascendants are left, the twin sons shall

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
page, but this only contained the notarial
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
lawyer who prepared the will. There was a 3rd
acknowledgement.
be preterited.
The attestation clause stated the will was
signed on the same occasion by Arthur and
his instrumental witnesses who all signed
in the presence of each other, and the
(B). What other defects of the will, if any,

can cause denial of probate? (2%)
SUGGESTED ANSWER:
notary public who notarized the will. There

are no marginal signatures or pagination
The other defects of the will that can
appearing on any of the 3 pages. Upon his
cause its denial are as follows: (a) Atty.
death, it was discovered that apart from the
Zorba, the one who prepared the will was
house and lot, he had a P 1 million account
one of the three witnesses, violating the
deposited with ABC bank.
three-witnesses rule; (b) no marginal

signature at the last page; (c ) the
(A). Was Erica preterited? (1%)
attestation did not state the number of

SUGGESTED ANSWER:
pages upon which the will is written;
Erica cannot be preterited. Art. 854 of

the
Civil
Code
provides
that
only
compulsory heirs in the direct line can
and,
(d)
no
pagination
appearing
correlatively in letters on the upper part

of the three pages (Azuela v. C.A., G.R.
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.

919, par 7, Civil Code provides that
"when a child or descendant leads a
dishonorable
or
disgraceful
life,
like
running off with a married man, there is

sufficient cause for disinheritance."
who are called to succeed each other.

The proof of death must be established
by positive or circumstantial evidence
derived from facts. It can never be
established from mere inference. In the
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
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
under 15 or above 60 and the age of the

other is in between 15 and 60, the latter
is presumed to have survived. In the
instant case, Marian was already 18
when
she
found
out
that
she
was
baby delivered were both found dead, with
pregnant. She could be of the same age
the baby's umbilical cord already cut. Pietro
or maybe 19 years of age when she gave
survived.
birth.
father of the baby, be entitled to claim the

(C). Will Pietro, as surviving biological
Page 55 of 180
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 :
As to the Estate of Dr. Lopez:
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

the same time, there being no evidence
to prove otherwise, and there shall be no
transmission of rights from one to the
other (Article 43, NCC). Hence, Roberto,
inherited nothing from his father that
Marilyn
would
Roberto
.The
in
turn
children
inherit
of
from
Roberto,
however, will succeed their grandfather,

Dr. Lopez ,in representation of their
father Roberto and together Roberto will
receive 1/3 of the estate of Dr. Lopez
since their father Roberto was one of the
As to the proceeds of the insurance on

the life of Dr. Lopez:
Since
regards
succession is
the
not
insurance
involved as
contract,
the
provisions of the Rules of Court (Rule

131, Sec. 3 , [jj] [5] ) on survivorship
shall apply. Under the Rules, Dr. Lopez,
who was 70 years old, is presumed to
have died ahead of Roberto who is
presumably between the ages 15 and 60.
Having survived the insured, Roberto's
right as a beneficiary became vested
Page 56 of 180
testator himself, Rosas claimed that the
upon the death of Dr. Lopez. When

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 onethird 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
authentication.
such
She
lack
claims
of
proper
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
holographic will in its original tenor
The writing of Gregorios name as sole

should be given effect must be denied.
The said cancellation has revoked the
entire will as nothing remains of the will
after the name of Rosa was cancelled.
Such cancellation is valid revocation of
the
will
and
does
not
require
authentication by the full signature of

the testator to be effective.
heir was ineffective, even though written

by the testator himself, because such is
an
alteration
that
requires
authentication by the full signature of

the testator to be valid and effective. Not
having an authenticated, the designation
of Gregorio as an heir was ineffective,
(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
mercy of unscrupulous third parties.
wherein he gave nothing to his recognized
executed
holographic
will,
illegitimate son, Jay. Dr. Fuentes left for the
Page 57 of 180
Civil Code (Art. 816, NCC). Since Dr.
United States, passed the New York medical

licensure examinations, resided therein,
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
Philippines,
of
an
probate
alien
in
the
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
Fuentes executed his will in accordance

with the Philippine law, the Philippine
SUGGESTED ANSWER:
court shall apply the New Civil Code in
determining the formal validity of the
holographic will. The subsequent change
in the citizenship of Dr. Fuentes did not
affect the law governing the validity of
his will. Under the new Civil Code, which
was the law used by Dr. Fuentes, the law
enforced at the time of execution of the
will shall govern the formal validity of
the will (Art. 795, NCC).
(B). Assuming that the will is probated in
No, Jay cannot insist because under New

York law he is not a compulsory heir
entitled to a legitime.
The
national
law
of
the
testator
determines who his heirs are, the order

that
they
succeed, how
much
their
successional rights are, and whether or

not a testamentary disposition in his will
is valid (Art 16, NCC). Since, Dr. Fuentes
was a US citizen, the laws of the New
York determines who his heirs are. And
the Philippines, can Jay validly insist that
since
the
New
York
law
does
not
he be given his legitime? Why or why not?
recognize the concept of compulsory
(3%)
heirs, Jay is not a compulsory heir of Dr.

Fuentes entitled to a legitime.
Page 58 of 180
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.
(B).
Are
the
testamentary
dispositions
No.VII.b) John Sagun and Maria Carla

Camua, British citizens at birth, acquired
SUGGESTED ANSWER:
Philippine
No. The testamentary dispositions are

not valid because (a) omission of Mary, a
legitimate
preterition
child,
is
which
tantamount
shall
annul
to
the
institution of Peter and Paul as heirs

(Art.
854,
Civil
Code);
and,
(b)
the
disposition that Peter and Paul could not
citizenship
by
naturalization
after their marriage. During their marriage,

the
couple
acquired
substantial
landholdings in London and in Makati.

Maria
begot
three
(3)
children,
Jorge,
Luisito, and Joshur. In one of their trips to

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
Wills; Joint Wills; Probate (2012)
subway terrorist attack in 2005. Jorge and

Luisito filed a petition for probate of their
parents will before a Makati Regional Trial
Page 59 of 180
Court. Joshur vehemently objected because

he was preterited.
(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.
(3) Is the testamentary prohibition against

the division of the London estate valid?
Explain. (1%)
that the house and lot where he lived

SUGGESTED ANSWER:
cannot be partitioned for as long as the

youngest of his four children desires to stay
Assuming the will of John and Maria was
there. As coheirs and co-owners, the other
valid, the testamentary prohibition on the
three may demand partition anytime. (1%)
division of the London estate shall be valid

but only for 20 years. Under Arts 1083 and
494 of the NCC, a testamentary disposition
of the testator cannot forbid the partition of
all or part of the estate for a period longer
than twenty (20) years.
SUGGESTED ANSWER:
FALSE, The other three co heirs may
not anytime demand the partition of the
house and lot since it was expressly
provided by the decedent in his will that
the same cannot be partitioned while his
Wills; Prohibition to Partition of a CoOwned Property (2010)

No.I. True or False.
youngest child desires to stay there.

Article 1083 of the New Civil Code allows
a decedent to prohibit, by will, the
partition of a property and his estate for
a period not longer than 20 years no
(B) X, a widower, died leaving a will stating

Page 60 of 180
Code.
matter what his reason maybe. Hence,

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
of Arts. 804, 805 and 806 of the Civil
read to him twice, once by one of the

(B). Act as a witness to a will? (1%)
subscribing witnesses, and again, by the

notary public before whom the will is
SUGGESTED ANSWER:
acknowledged (Art. 808, Civil Code).
Stevie cannot be a witness to a will. Art.

820 of the Civil Code provides that "any
person of sound mind and of the age of
eighteen years or more, and not blind,
deaf or dumb, and able to read and write,
may be a witness to the execution of a
will.
Wills; Testamentary Disposition; Period

to Prohibit Partition (2008)
No. XI. John and Paula, British citizens at
birth, acquired Philippine citizenship by
naturalization after their marriage. During
their
(C). In either of the above instances, must

the will be read to him? (1%)
SUGGESTED ANSWER:
If Stevie makes a will, the will must be
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
Page 61 of 180

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).
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
signing her will by thumb mark and said
to
be
witnesses.
During the day of signing of her will, Clara

fell down the stairs and broke her arms.
Coming from the hospital, Clara insisted on
Probate
that she can sign her full name later. While
should
be
denied.
The
requirement that the testator and at
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,
the
will
was
being
signed,
the will, was reading the 7
th
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

to notarize it. A week after, Clara was run
over by a drunk driver while crossing the
street in Greenbelt.
other witnesses signed the will not in

the presence of Roberta because she was
in the restroom for extended periods of
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
SUGGESTED ANSWER:
merely casting her eyes in the proper

direction (Jaboneta v. Gustilo, 5 Phil
541, 1906; Nera v. Rimando, 18 Phil
Page 62 of 180
451,
1914).
Therefore,
the
testatrix
signed the will in the presence of only

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
bedroom. In 1990, Brad and Jennifer broke
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,
Jennifer acquired it and placed it in his
up. While Brad was mending his broken

heart, he met Angie and fell in love.
owner of the Picasso painting, Brad

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

(10%)
SUGGESTED ANSWER:
by
Jennifer
to
Brad,
the
Under Art. 748, NCC, the donation and

acceptance of a movable worth more
than 5,000 pesos must be in writing,
otherwise the donation is void. The
NO. Angie is not correct. The Picasso
donation being void, Jennifer remained
painting is not given or donated by
the owner of the Picasso painting and
Jennifer to Brad. She merely "placed it
Brad could not have validly disposed of
in his bedroom." Hence, she is still the
said painting in favor of Angie in his will.
owner of the painting. Not being the

ALTERNATIVE ANSWER:
Page 63 of 180
be disregarded but the donation remains
YES. Angie is correct. Even assuming

that there was void donation because the
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
painting
through
prescription.
Under
ownership
of
of
the
acquisitive
Art.
movables
1132,
NCC,
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
written. Such conditions, shall therefore,
valid (Art. 727, NCC). On the other hand,
given
to
me,
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
Donation; Inter Vivos (2013)
declaration by Josefa and Jennifer that the

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

provides that:
Advise Jennifer on whether the deed is a

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%)
Page 64 of 180
donation which state that the same will

only take effect upon the death of the
SUGGESTED ANSWER:
donor and that there is a prohibition to

The donation is a donation inter vivos.
When
the
donor
intends
that
alienate, encumber, dispose, or sell the
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
donation inter vivos (Art. 729, Civil

Code).
The
Civil
Code
transmissions.
prefers
Moreover,
inter
vivos
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,
quality
absolutely incompatible with the idea of

conveyances
mortis
causa
where
revocability is the essence of the act, to

the
extent
that
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
express irrevocability (Austria-Magat v.
CA, G.R. No. 106755, Feb 1, 2002).
mortis causa disposition, the formalities

of a will should have been complied with
under
Art.
728
of
the
Civil
Code,
otherwise, the donation is void and

ALTERNATIVE ANSWER:
would produce no effect (The National
The donation is donation mortis causa.

The deed clearly states that the donation
shall take effect upon the death of the
donor,
Josefa.
retained
The
ownership
donor,
of
moreover,
the
subject
property as it was declared that the

property
cannot
be
Treasure of the Philippines v. Vda. de

Meimban, G.R. No. L-61023, Aug 22,
1984).
Property
Accretion; Alluvium (2008)
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
Page 65 of 180
deposited
properties.
on
not formed solely by the natural effect of
Jessica's
This
pattern
and
of
Jenny's
the
river
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
current of the water." Where the land is
the water current of the river bordering
(B). If Jessica's and Jenny's properties are

land but is also the consequences of the
direct and deliberate intervention of
registered,
will
the
benefit
of
such
registration extend to the increased area of

their properties? (2%)
man, it is man-made accretion and a

part of the public domain (Tiongco v.
Director of Lands, 16 C.A. Rep 211, cited
in Nazareno v. C.A., G.R. No. 98045, 26
June 1996). Thus, Jessica cannot legally
claim ownership of the additional 2
meters
because
of
land
she
along
her
constructed
property
concrete
barrier about 2 meters from her property

causing
deposits
of
soil
and
other
materials when the water recedes. In

other words, the increase in her property
was not caused by nature but was manmade.
SUGGESTED ANSWER:
If the properties of Jessica and Jenny
are
registered,
registration
increased
Accretion
the
does
area
does
benefit
not
of
extend
their
not
of
to
such
the
properties.
automatically
become registered land because there is

a specific technical description of the lot
in its Torrens title. There must be a
separate application for registration of
the alluvial deposits under the Torrens
System (Grande v. CA, G.R. No. L-17652,
30 June, 1962).
Page 66 of 180
(C). Assume the two properties are on a cliff

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
natural
gradually the land owned by Marciano
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. 34979R, 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
up in the mountains and forests so that
increased in area by three hectares.
(A). Is Marciano correct? Explain. (3%)

Ulpiano built three huts on this additional
area,
where
he
and
his
two
married
children live. On this same area, Ulpiano

and his family planted peanuts, monggo
beans
and
vegetables.
Ulpiano
also
SUGGESTED ANSWER:
Marcianos contention is correct. Since
that accretion was deposited on his land
by the action of the waters of the river
regularly paid taxes on the land, as shown
and he did not construct any structure
by tax declarations, for over thirty years.
to increase the deposition of soil and

silt, Marciano automatically owns the
When Marciano learned of the increase in

the size of the land, he ordered Ulpiano to
demolish the huts, and demanded that he
be paid his share in the proceeds of the
harvest. Marciano claims that under the
Civil Code, the alluvium belongs to him as a
registered riparian owner to whose land the
accretion. His real right of ownership is

enforceable
against
the
whole
world
including Ulpiano and his two married

children. Although Marcianos land is
registered, the three (3) hectares land
deposited through accretion was not
accretion attaches, and that his right is
automatically
enforceable against the whole world.
unregistered
registered.
land,
it
is
As
an
subject
to
acquisitive prescription by third persons.

Page 67 of 180
he has the right to deduct from the

value of the fruits the expenses for
Although Ulpiano and his children live in

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
evidence.
by
Only
clear
and
then
convincing
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
accounting of the fruits he has gathered,
CRC likewise sold to the spouses Rodriguez,

production, gathering and preservation
of the fruits (Art 443, NCC).
He may also ask for reimbursement of
a 700-square meter land (Lot B) which is

adjacent to Lot A. Lot B has a present fair
market value of P1,500,000.
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
Builder; Good Faith; Requisites (2013)

No.VIII. Ciriaco Realty Corporation (CRC)
sold to the spouses Del a Cruz a500-square
meter land (Lot A) in Paranaque. The land
now has a fair market value of Pl,200,000.
A that they purchased. They spent P 1

000,000 for the house.
As their lawyer, advise the spouses Dela
Cruz on their rights and obligations under
the given circumstances, and the recourses
Page 68 of 180
in Art 546 and 548, or
and options open to them to protect their

interests. (8%)
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
their
(2) to oblige the one who built to pay the

price of the land.
SUGGESTED ANSWER:
with
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:
(1) to appropriate as his own the works after
payment of the indemnity provided for
house,
However, the builder cannot be obliged
to
buy
the
considerable
land
more
if
its
than
value
that
of
is
the
building.. In such case, he shall pay

reasonable rent of the owner of the land
does
not
choose
to
appropriate
the
building or trees after proper indemnity

(Art 448, Civil Code).
the
spouses
Dela
Cruz
are
entitled to the right of retention pending

reimbursement of the expenses they
incurred or the increase in value which
the thing may have acquired by reason of
the improvement (Art 546, Civil Code).
Thus,
the
spouses
Dela
Cruz
may
demand P1,000,000.00 as payment of

the expenses in building the house or
increase in value of the land because of
The house constructed by the spouses
the house as a useful improvement, as
Dela Cruz is considered as a useful
may be determined by the court form
expense, since it increased the value of
the evidence presented during the trial
the lot. As such, should the spouses
(Depra v. Dumlao, 136 SCRA 475, 1985;
Rodriguez decides to appropriate the
Technogas Phils v. CA, 268 SCRA 5,

1997).
Page 69 of 180
Easement;
Prescription;
Acquisitive
Prescription (2009)
In 2006, Brand0 fenced off his property,

thereby blocking Andres' access to the
national highway. Andres demanded that
part of the fence be removed to maintain
his
(pathway A), but Brando refused, claiming
that there was another available pathway
(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%)
old
access
route
to
the
highway
(pathway B) for ingress and egress to the

highway. Andres countered that pathway B
has defects, is circuitous, and is extremely
inconvenient to use.
To settle their dispute, Andres and Brando
hired Damian, a geodetic and civil engineer,
to survey and examine the two pathways
SUGGESTED ANSWER:
True. In negative easements, acquisitive
prescription runs from the moment the
and
the
determine
prejudicial
surrounding
the
way
areas,
shortest
through
and
the
and
the
to
least
servient
owner of the dominant estate forbade, by
estates. After the survey, the engineer
an
before
concluded that pathway B is the longer
notary public, the owner of the servient
route and will need improvements and
estate from executing an act which
repairs, but will not significantly affect the
would be lawful without the easement
use of Brando's property. On the other
(Art. 621, NCC).
hand, pathway A that had long been in
instrument
acknowledged
place, is the shorter route but would

significantly affect the use of Brando's
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
been using this pathway (pathway A) since
1980.
property.
In light of the engineer's findings and the
circumstances of the case, resolve the
parties' right of way dispute. (6%)
SUGGESTED ANSWER:
Page 70 of 180
complied with. First, there is another
Andres is not entitled to the easement of

right of way for Pathway A. Pathway B
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.
The first and fourth requisites are not
available outlet to the national highway
established at the point least prejudicial

(Pathway B). Second, the right of way
obtained (Pathway A) is not the least
prejudicial
to
Brandos
property,
as
evidence by the reports of the geodetic

and civil engineer.
When
there
adequate
is
outlet
(Quimen v. Quimen and CA, G.R. No.

112331, May 29, 1996).
(Note: It is not clear from the problem if there
exists an easement in favor of the lot
already
from
an
the
existing
dominant
estate to the public highway, even if the

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

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.

(3) The vendee of the property in which a
servitude
or
easement
exists
cannot
close or put obstructions thereon to

prevent the dominant estate from using
it.
(5)
Renunciation
or
waiver
of
an
easement must be specific, clear, express

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

Note:
Since
right
of
way
is
dominant estate. Also, like any other
Page 72 of 180
contract,
an
easement
is
generally
effective between parties, their heirs and

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).
ALTERNATIVE ANSWER:
No. There was merely a promise to Ava

that a right of way shall be granted to
engaged by Blas to construct a house on a

her in lot C if Ava purchase lot E. The
promise was not reduced to writing (Obra
v. Baldria, 529 SCRA 621 [2007]). Hence,
lot which he (Blas) owns. While digging on

the lot in order to lay down the foudation of
the house, Adam hit a very hard object. It
turned out to be the vault of the old Banco
it was not or could not have been
de las Islas Filipinas. Using a detonation
registered as to warn buyers of lot C
device, Adam was able to open the vault
about the existence of the easement on
containing old notes and coins which were
the property. Not having been annotated
in circulation during the Spanish era. While
on the TCT to lot C, the buyer acquired
the notes and coins are no longer legal
lot C free from such right of way granted
tender, they were valued at P100 million
to Ava.
because of their historical value and the

coins silver nickel content. The following
filed legal claims over the notes and coins:
Hidden Treasure (2008)
(i). Adam, as finder;
No. VIII. Adam, a building contractor, was
(ii). Blas, as owner of the property where

they were found;
Page 73 of 180
the State and by chance, one-half of it
(iii). Bank of the Philippine Islands, as

successor-in-interest of the owner of the
vault; and
(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
made on the property of another, or of
shall belong to the finder who is not a

trespasser (Art. 438, Civil Code). In the
present case, Adam, as finder, and Blas,

as owner of the land, are entitled to
share
50-50
in
the
treasure.
The
government can only claim if it can

establish that the notes and coins are of
interest to science or the arts, then it
If either or both Adam and Blas are

adjudged as owners, the notes and coins
shall be deemed part of their absolute
community or conjugal partnership of
gains with their respective spouses (Art.
117, par 4, FC).
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.
Page 74 of 180
(A) Would it be legally significant - from the

point of view of validity and enforceability 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.
It is important to note that under Art.

1358 of the Civil Code, all the other
contracts where the amount involved
order that a mortgage may be validly

exceeds Five Hundred pesos (P500.00)
must appear in writing, even in private
one. However, the requirement is not for
validity of the contract, but only for its
constituted the document in which it

appears be recorded. If the instrument is
not
recorded,
the
mortgage
is
nevertheless valid and binding between

the parties. Hence, for validity of both
greater efficacy.
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
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
would
of
the
loan;
thus,
for
the
validity of the chattel mortgage, it must
purpose
be
of
enforceability,
immaterial
(Mobil
it
Oil
is
v.
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
which have for their object the creation
of
Deeds.
real
estate
mortgage, under the provisions of Art.

2125 of the Civil Code, requires that in
or
transmission
of
real
rights
over
immovable property must be in a public
Page 75 of 180
intention to become the owner thereof.
document for greater efficacy and a real

estate mortgage is a real right over
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
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
Possession, on the other hand, is the

holding of the thing or an enjoyment of a
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
in lieu of the performance of his obligation
owner,
limitations,
but
it
subject
may
to
ripen
certain
into
full
ownership of the thing or property right

through
acquisitive
prescription
depending on whether it is a case of

ordinary or extraordinary prescription
to contribute to taxes and expenses for the

preservation of the property constitutes
dacion en pago. (1%)
SUGGESTED ANSWER:
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
Ownership; Co-Ownership (2009)
taxes
and
expenses
for
the
preservation of the co-owned property.
Page 76 of 180
In
effect,
there
is
dacion
en
pago
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
(A). Can Cathy lawfully ask for demolition of
portion
on
which
his
constructed.
At
that
time,
house
the
constructed was valued at P350.000.
was
house
Bobby's house? (3%)
dominion
or
ownership
such
as
construction of a house." In the present
SUGGESTED ANSWER:
case, of Alex is the real owner of the

Yes, Cathy can lawfully ask for the
undeveloped and untitled lot in Taguig,
demolition
Where
co-ownership is created among his wife
there are two or more heirs, the whole
and four children over said property
estate
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
sanction for his conduct, he can be
the
of
of
the
Bobby's
house.
decedent,
co-owners
shall,
is,
without
the
consent of the others make alterations
compelled
in the thing owned in common, even
remove
though benefits for all would results
expense.
by
the
Cathy
to
structure
demolish
at
his
or
own
therefrom." In Cruz v. Catapang, G.R. No.

164110, 12 Feb., 2008, the Court held
that "alterations include any act of strict
(B). Can Bobby legally insist on purchasing

the land? (2%)
Page 77 of 180
though floating, are intended by their
SUGGESTED ANSWER:
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
that
"docks
and
structures
which,
hence, it remains a movable property. If

nature and object to remain at a fixed
place on a river, lake or coast." Since the
floating
operation
platform
facility,
is
it
a
is
petroleum
intended
to
remain permanently where it is situated,

even if it is tethered to a ship which is
the intention was to make the platform

stay permanent where it was moored, it
would not have been simply tethered to a
vessel but itself anchored to the seabed.
(B). Are the equipment and living quarters
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,
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
breaking the material or deterioration of
bed
i.e.
only
the
vessel
shows
that
which
it
is
not
intended to remain at a fixed place;
Page 78 of 180
the object." Both the equipment and the

living quarters are permanently attached
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
vessel
is
likewise
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
immovable or movable property?
remains
movable
property.
(C). Are the trees, plants and flowers
SUGGESTED ANSWER:
immovable.
The trees, plants and flowers planted in
the garden area of the platform are
immovable property under Art. 415 (2)
NCC which classifies as an immovable
property
"trees,
plants
and
growing
fruits, while they are attached to the

land or form an integral part of an
immovable,
the
petroleum
operation
facility.
The
platform
is
not
an
immovable property for the same reason

already given in the Alternative Answer
to Item (a) above.
Land Titles and Deeds

Acquisition
of
Lands;
Sale
of
Real
Property to an Alien (2009)

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
The trees, plants and flowers planted in
1990, leaving behind his wife and three

children,
one
of
whom,
Julian,
is
the garden area of the platform are
naturalized Filipino citizen. Six years after
movable property because they are not
Chuas
permanently attached t the land and do
extrajudicial settlement of estate, and the
not
parcel of land was allocated to Julian. In
form
an
integral
part
of
an
death,
the
heirs
executed
an
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

void
because
it
contravened
the
Constitution which prohibits the sale of

private lands to aliens. Julian moved to
dismiss the suit on grounds of pari delicto,
laches and acquisitive prescription. Decide
No.IV.
(B).
What
properties
are
not
registrable? (5%)
Supply this information.
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
extra-judicial partition of the estate, is
now the owner of the property. The
defect in ownership of the property of
(2.) Properties for public use or public

service;
(3.)
Inalienable
lands
of
the
public
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,

there
is
no
more
violation
of
the
Constitution because the subject real

property is now owned by a Filipino
(5.) All lands not classified as alienable

and disposable.
ALTERNATIVE ANSWER:
citizen (Halili v. CA, 287 SCRA 465,

[1998]). Further, after the lapse of 35
(1).
Properties
year, laches has set in and the motion to
intended
dismiss may be granted, for the failure of
canals,
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
for
of
public
rivers,
public
use,
torrents,
dominium
like
ports
roads,
and
less registration (Art. 420 NCC). This
includes public markets, public plazas,
municipal streets and public buildings
Page 80 of 180
acquired by lease if not needed by the
(Municipality of Antipolo v. Zapanta, 133

SCRA 820, 1986; Martinez v. CA, 56
SCRA 647, 1974; Navera v. Quicho, 5
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

to the public domain, and can only be
government for public or quasi-public

purposes.
purposes, and religiously paid all taxes due

(7.) Lands reclaimed by the government
from the sea, lakes, or other bodies of
water are disposed or acquisible only by
lease
and
not
otherwise,
under
the
Public Land Act.
on the property. Anthony is not aware of the

defect in Bert's title, but has been in actual
physical possession of the property from
the time he bought it from Bert, who had
never been in possession of the property for
one year.
(A). Can Anthony acquire ownership of the
Prescription;
Acquisitive
Prescription
(2008)
No. VII. Anthony bought a piece of untitled
agricultural land from Bert. Bert, in turn,
acquired the property by forging carlo's
signature in a deed of sale over the
property. Carlo had been in possession of
the property for 8 years, declared it for tax
property by acquisitive prescription? How

many more years does he have possess it to
acquire ownership? (2%)
SUGGESTED ANSWER:
Yes, Anthony can acquire ownership of
the
property
prescription.
through
In
the
acquisitive
present
case,
Anthony is a buyer/possessor in good
Page 81 of 180
property once he recovers possession.
faith because he was not aware of the

defect in Bert's title (Art. 526, Civil
Code). As such, Anthony can acquire
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:
Yes,
Carlos
can
appropriate
only
portion of the standing crops on the
Anthony being a possessor in good faith,
shall have a right to a part of the
SUGGESTED ANSWER:
expenses of cultivation, and to a part of
Yes, it prescribes in five (5) years. If the
the net harvest of the standing crops,
real property mortgaged is judicially
both in proportion to the time of the
foreclosed,
possession (Art 545, Civil Code).
foreclosure should be filed within a
the
action
for
judicial
period of ten (10) years. The request for

issuance of a writ of possession should
Prescription; Judicially Foreclosed Real
be filed upon motion of the winning
Property Mortgage (2012)
bidder within five (5) years after the

judgment of foreclosure. The writ of
No.IX.a) Does the right to request for the

issuance of a writ of possession over a
foreclosed real property prescribe in five (5)
years? (5%)
possession is an order commanding the

sheriff to place a person named therein
in possession of real property (BPI v.
Icot. G.R. No. 168081, Oct 12, 2009).
Page 82 of 180
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
amended
Land
by
the
Registration
Property
Act,
as
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
Bank
registered
the
Conveyance in the day book of the Register
Sheriff's
Deed
of
the claims of other persons that Dehlma

of Deeds under Act. 3344 and obtained a
bought the property. Thus, Dehlma is 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?
(2%)
(B). Who as between Dehlma and XYZ Bank

has a better right to the house and lot? (2%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Yes, Dehlma is a purchaser in good faith.
Dehlma
Between Dehlma and XYZ Bank, Dehlma
bought the property, she went to the
has a better right to the house and lot.
Register of Deeds to verify Juliet's title.
After the release of the mortgage, the
When she discovered that the property
Deed of Absolute Sale was registered and
was mortgaged to Elaine, she gave an
a new title was issued in Dehlma's name.
advance payment so that Juliet could
Act 3344 is applicable exclusively to
release the mortgage. It was only after
instruments resulting from agreement of
the mortgage was released and free from
parties thereto and does not apply to
In
the
present
case,
before
deeds of a sheriff conveying to a
Page 83 of 180
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
Development
Land
Corp.
is
&
a
Property
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
pertinent laws and regulations relating to
and
development,
whether developed, semi-developed or raw

land. The management of Bedrock asks you
as the company counsel to prepare a
manual containing a summary of the
description of the law.]

land registration and acquisition of title to
land.
The
manual
should
include
the
following items:
ALTERNATIVE ANSWER:
In general, the governing law relating to
registration and acquisition of title to
(A). What is the governing law? (5%)
land is Act 496 of 1902 as amended by

SUGGESTED ANSWER:
The
governing
law
PD 1529, otherwise known as Property

is
the
Land
Registration Decree of June 11, 1978.
Registration Act as amended by Property
(1.)
Registration Decree (Act 496 as amended
registration
by PD 1529).
Torrens System by voluntary ordinary
[Note: It is respectfully recommended
Chapter
of
III-I
land
governs
title
original
under
the
judicial proceedings.
that full credit be given to examinees
(2.) Chapter II-II governs compulsory
who did not give the exact title or
registration of lands through cadastral
number of the law but merely stated a
proceedings.
Page 84 of 180
(3.) Section 103 governs registration of

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
registration
actions
after
original
like:
(a).Compulsory
surrender of withheld owner's duplicate

certificate of title;
(b)
Amendment
certificate of title;
and
alteration
of
register a deed or when he is in doubt as

(c) Replacement of lost or destroyed
owner's duplicate certificate of title.
(9.)
R.A.
No.
reconstitution
26
of
governs
lost
or
R.A.
No.
6732
presented for registration.
judicial
destroyed
originals of the certificate of title.

(10.)
to what action to take on an instrument
Registration;
Party
Who
First
took
Possession (2013)
governs
No.IX.Rica petitioned for the annulment of
administrative reconstitution of lost or
her
destroyed original certificates of title.
Richard hired Atty. Cruz to represent him in
ten-year
old
marriage
to
Richard.
the proceedings. In payment for Atty. Cruz's

(11.)
Section
registration
of
113
governs
instruments
the
acceptance and legal fees, Richard conveyed
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
Page 85 of 180
object of the litigation, the annulment of
immediately took possession by fencing off

the property's entire perimeter.
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
urged that the land itself is not the
marriage, if granted, will carry with it
any disposition or encumbrance of the

the
liquidation
of
the
absolute
community or conjugal partnership of

the spouses as the case may be (Art. 50
in relation to Art 43 of the Family Code).
property
of
the
community
or
the
conjugal property without the consent of

the other spouse is void (Art 96 and Art
124, Family Code).
Richard purchased the land with his

lotto winnings during the pendency of
the suit for annulment and on the
assumption
governed
that
the
parties
are
by the regime of absolute
community
or
conjugal
partnership,
Registration; Requisites; Proof (2013)

No.X. Manuel was born on 12 March 1940
in a 1 000-square meter property where he
grew
up
helping
his
father,
Michael,
winnings from gambling or betting will
cultivate the land. Michael has lived on the
form part thereof. Also, since the land is
property since the land was opened for
part
settlement
of
the
absolute
community
or
at
about
the
time
of
the
and
Commonwealth government in 1935, but
Rica, it may not be sold or alienated
for some reason never secured any title to
without the consent of the latter and
the property other than a tax declaration in
conjugal
partnership
of
Richard
his name. He has held the property through

Page 86 of 180
notorious
the years in the concept of an owner and

his stay was uncontested by others. He has
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
has
been
in
open,
continuous
and
possession
and
occupation
thereof under bona fide claim of
ownership
since
June
12,
1945,
or
earlier. However, it is only necessary

that the land is already declared A & D
land at the time for application for
registration
is
filed
(Malabanan
v.
Republic, G.R. No. 180067, June 30,

2009).
confirmation of imperfect or incomplete

title
through
judicial
legalization
under Sec. 48 (b) of CA no. 141, or the

Public Land Act (PLA). But, as held in
Malabanan,
there
is
no
substantial
difference between this provision and

Sec 14 (1) of the PRD. Both refer to
Manuel could also invoke Sec 14 (2) of

the
Manuel could also file an application for
same
Decree,
which
allows
registration through ordinary acquisitive

prescription for thirty years, provided,
however, that the land is patrimonial
in character, i.e. already declared by the
government (a) as A & D, and (b) no
longer needed for public use or public
service (Malabanan, supra).
agricultural lands already classified as

alienable and disposable at the time the
application
is
filed,
and
require
possession and occupation since June

12, 1945. The only difference is that
under the PRD, there already exists a
title which is to be confirmed, whereas
under the PLA, the presumption is that
land is still public land (Republic v.
Page 87 of 180
Manuel's
Aquino, G.R. No. L-33983, January 27,

1983).
acquired under Rep. Act. No. 1942, dated

June 2, 1957, which amended Sec. 48 (b)
of the PLA by providing for a prescriptive
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
occupation
requires
since
possession
June
12,
and
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
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).
(B) What do you have to prove to secure
and
documentation are necessary? (4%)

SUGGESTED ANSWER:
Manuel may also invoke vested rights
period
objectives
what
valuable improvements like fencing the

Manuel has a the burden to overcome
land, constructing a residential house
the presumption of State ownership by
thereon,
well-nigh
planting fruit bearing trees, declaring
(Ong
v.
incontrovertible
Republic,
G.R.
evidence
No.
175746,
March 12, 2008). Accordingly, he must

show that ht eland is already classified
as A & D at the time the application for
registration is filed and that he has
been
in
possession
and
occupation
thereof in the manner required by law

since June 12, 1945, or earlier.
Manuel may tack his possession to that
of his predecessor-in-interest (Michael)
by the testimony of disinterested and
knowledgeable eyewitnesses. Overt acts
of possession may consist in introducing
the
land
cultivating
for
the
taxation
land
purposes
and
and
paying realty taxes, all of which are

corroborative proof of possession.
To identify the land, he must submit the
tracing cloth plan or a duly-certified
blueprint
or whiteprint
copy
thereof
(Director of Lands v. Reyes, G.R. No. L27594, November 28, 1975; Director of
Lands v. CA and Iglesia ni Cristo, G.R.
No. L-56613, March 14, 1988).
To show the classification of the land as
A
&
D,
the
application
must
be
accompanied by (1) a CENRO or PENRO
Page 88 of 180
certification; and (2) a certified true

copy
of
approved
the
by
original
the
classification
DENR
Secretary
(Republic v. Bantigue, G.R.No. 162322,

March
14,
2012).
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%)
SUGGESTED ANSWER:
(c). A criminal action for forgery or

falsification of public document;
I will institute the following actions
against Atty. Tan:
(d).
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
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
(b).
An
action
against
the
by Atty. Tan.
Page 89 of 180
Contracts
Rescission of Contract; Fortuitous Event

(2008)
Contract to Sell vs. Conditional Contract

of Sale (2012)
No.XVIII. AB Corp. entered into a contract

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
No. A contract to sell is a species of

conditional sale. The contract to sell
does not sell a thing or property; it sells
the right to buy property. A conditional
50% of the total contract price, the balance

to be paid upon completion of the work. The
work stated immediately, but AB Corp. later
experienced work slippage because of labor
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
the condition automatically gives the
case of fortuitous event, but this was
right to the vendee to demand the

delivery of the object of the sale. In a
contract to sell, however, the compliance
with
the
condition
does
not
denied by XY Corp. When it became certain

that the contruction could not be finished
on time, XY Corp. sent written notice
cancelling the contract, and requiring AB
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
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

(A). A clause in an arbitration contract
granting one of the parties the power to
choose more arbitrators than the other
renders the arbitration contract void. (1%)
SUGGESTED ANSWER:
True. The Civil Code provides that Any
clause giving one of the parties power to
choose more arbitrators than the other
is void and of no effect (Art 2045, NCC).
Obligations
account with Filipino Universal Bank in the

amount
of
five
million
pesos
(P5,000,000.00). To buy a new car, she

obtained a loan from the same bank in the
amount of P1,200,000.00, payable in twelve
monthly installments. Sarah issued in favor
of the bank post-dated checks, each in the
amount of P100,000.00, to cover the twelve
monthly installment payments. On the
third,
fourth
and
fifth
months,
the
corresponding checks bounced.

The
bank
then
declared
the
whole
obligation due, and proceeded to deduct the

amount of one million pesos
Extinguishment; Compensation (2009)
(P1,000,000.00) from Sarahs deposit after

notice to her that this is a form of
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
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
the amount compensated.
Recardo as co-signatory. In the PN, they

both
which
XYZ
acknowledged
leased
that
from
him.
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
the bank the debtor. Since Sarah is also
secure the PN, Recardo executed a real
the debtor of the bank with respect to

the loan, both are mutually principal
debtors and creditors of each other. Both
obligation
are
due,
demandable
and
liquidated but only up to the extent of
estate mortgage on his own property. When

Eduardo defaulted on the PN, XYZ stopped
payment of rentals on the building on the
ground that legal compensation had set in.
Since there was still a balance due on the
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
is
liable, his liability should not go beyond
no
retention
commenced
by
or
third
controversy
person
and
communicated in due time to the debtor,

then
all
the
requisites
of
legal
compensation are present but only up to

the amount of P300,000.00. The bank,
therefore, may deduct P300,000.00 from
Sarahs
bank
deposit
by
way
of
half the balance of the loan. Further,

Recardo said that when the bank invoked
compensation between the reantals and the
amount of the loan, it amounted to a new
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.
compensation.
(A). Can XYZ Bank validly assert legal
compensation? (2%)
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)

building
which
XYZ
leased
from
him.

both
acknowledged
that
they
are


PN
after
applying
the
rentals,
(C). Does Recardo have basis under the

Civil Code for claiming that the original
contract was novated? (2%)
XYZ
SUGGESTED ANSWER:

No. Recardo has no basis for claiming
novation of the original contract when
the bank invoked compensation because
there was simply partial compensation
(Art. 1290, Civil Code) and this would
not bar the bank from recovering the

remaining balance of the obligation.

ALTERNATIVE ANSWER:

No. In order that an obligation may be
extinguished by another, it is imperative
Page 93 of 180
may be refused receipt by the oblige
that it be so declared in unequivocal

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 extrajudicial 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
debt is not a valid tender of payment and
is sufficient to compel redemption but is

or creditors (Philippine Airlines v. CA
and
Amelia
Tan,
G.R.
No.
L-49188,
1990). Mere delivery of checks does not

discharge
the
obligation
under
judgment. A check shall produce the

effect of payment only when they have
been cashed or where through the fault
of the creditor they have been impaired
right of redemption be exercised by

delivery of legal tender. A check may be
for
the
exercise
redemptioner from his liability to pay

the redemption price (Biana v. Gimenez,
G.R. No. 132768, Sept 9, 2005, citing
Fortunado v. CA).
Redemption within the period allowed by
law is not a matter of intent but a
question of payment or valid tender of
full redemption prices within the said
However, it is not necessary that the
used
not in itself a payment that relieves the
of
right
of
redemption, the same being a right and

not an obligation. The tender of a check
period. Whether redemption is being

made under Art. 3135 or under the
General Banking Law, the mortgagor or
his
assignee
is
required
to
tender
payment to make said redemption valid

(Heirs of Quisumbing v. PNB and SLDC,
G.R. No. 178242, Jan 20, 2009).
Page 94 of 180
Moreover, Ferdies refusal was justified

on the ground that the amount tendered
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
Felipe to pay him in cash the amount of
$100
from
Gustavo in 1998, when the Phil P - US$

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
had become stale. Gustavo now wants
P5,600.
Claiming
that
the
previous
payment was not in legal tender, and that
check became stale. He is now estopped

there
has
been
extraordinary
deflation
since 1998, and therefore, Felipe should

pay him the value of the debt at the time it
was incurred. Felipe refused to pay him
again, claiming that Gustavo is estopped
from raising the issue of legal tender,
from raising the issue that a cashier's

check is not legal tender.
(B). Can Felipe validly refuse to pay Gustavo
again? (2%)
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
who allowed the check to become stale.
the
check
immediately
that
caused the check to become stale.

(A). Can Gustavo now raised the issue that
the cashier's check is not legal tender? (2%)
Although a check is not legal tender

(Belisario v. Natividad. 60 Phil 156),
there
are
instances
when
check
produces the effects of payment, for

SUGGESTED ANSWER:
No. Gustavo previously accepted a check
as payment. It was his fault why the
example: (a) when the creditor is in

estoppel or he had previously promised
he would accept a check (Paras, Civil
Page 95 of 180
Code Annotated, Vol IV, 2000 ed., p.

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)

building
which
XYZ
leased
from
him.

both
acknowledged
that
they
are


(B). Can Recardo's property be foreclosed to
pay the full balance of the loan? (2%)

PN
after
applying
the
rentals,
XYZ
SUGGESTED ANSWER:

Yes, Recardo's property can be foreclosed
to pay the full balance of the loan
because when he signed as co-signatory
in the promissory note, he acknowledged
he is solidarily liable with Eduardo. In

solidary obligations, a creditor has the

right to demand full payment of the
obligation from any of
Page 96 of 180
takes
the solidary debtors (Art. 1207, Civil

Code).
Obligations; Without Agreement (2007)

No.V. What are obligations without an
agreement"?
situations
Give
giving
five
rise
to
examples
of
this
of
type
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
charge
of
the
agency
or
management of the business or property

of another without any power from the
knowledge of the person obliged to give

latter, is obliged to continue the same
until the termination of the affair and its
incidents,
or
to
require
the
person
concerned to substitute him, if the

owner is in a position to do so (Art.
support, it is given by a stranger, the

latter shall have a right to claim the
same from the former, unless it appears
that he gave it out of piety and without
intention of being repaid (Art. 2164,
NCC).
2144, NCC).
Second
example,
indebiti
may
also
case
give
of
rise
solutio
to
an
obligation without an agreement. This

refers to the obligation to return which
arises when something is received when
there is no right to demand it, and it was
unduly delivered through mistake (Art.
2154, NCC).
Fourth
example,
is
when
through
accident or other causes a person is

injured or becomes seriously ill, and he
is treated or helped while he is not in a
condition to give consent to a contract,
he shall be liable to pay for the services
of the physician or other person aiding
him,
unless
the
service
has
been
rendered out of pure generosity (Art.

Third example, is when without the
2167, NCC).
Page 97 of 180
a trust against one who, by fraud, duress
Fifth instance of an obligation without

an agreement is when the person obliged
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
or abuse of confidence, obtains or holds

the legal right to property which he
provides: "If an absolute conveyance of

ought
not,
in
equity
and
good
conscience, to hold (Heirs of Lorenzo Yap

v. CA, 371 Phil 523, 1991). The following
are examples of constructive trust: 1.
Art.
1456
NCC
which
provides:
"If
property is acquired through mistake or

fraud, the person obtaining it is, by force
of law considered a trustee of an implied
trust for the benefit of the person for
whom the property comes." 2. Art 1451
NCC which provides: "When land passes
by succession through any person and he
causes the legal title to be put in the
name of another, a trust is established
by implication of law for the benefit of
the true owner." 3. Art 1454 NCC which
property is made in order to secure the

performance of an obligation of the
grantor toward the grantee, a trust by
virtue
of
law
is
established.
If
the
fulfillment of the obligation is offered by

the grantor when it becomes due, he
may demand the reconveyance of the
property to him." 4. Art 1455 NCC which
provides: "When any trustee, guardian or
any
person
holding
fiduciary
relationship uses trust funds for the

purchase
of
property
and
causes
conveyance to be made to him or to

third person, a trust is established by
operation of law in favor of the person to
whom the funds belong."
Page 98 of 180
In order to secure the financial capital, she
Sales
Condominium
Act;
Partition
of
Condominium (2009)
No.XVIII.
The
Ifugao
Arms
is
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
untenantable,
and
condominium
owners
(b)
units
therein
that
holding
the
an
aggregate of more than thirty percent

(30%) interests of the common areas are
opposed
to
the
business of buying and selling large cattle.
restoration
of
the
condominium project (Sec 8 [b], Republic

Act No. 472 Condominium Act).
Mortgage; Equitable Mortgage (2012)

No.VI. (b) Eulalia was engaged in the
no
advanced for her employees (biyaheros). She
required them to surrender TCT of their
properties and to execute the corresponding
Deeds
of
Sale
in
her
favor.
Domeng
Bandong was not required to post any

security but when Eulalia discovered that
he incurred shortage in cattle procurement
operation, he was required to execute a
sale
intended
but
only
equitable
mortgage for the purpose of securing the

shortage
incurred
by
Domeng
in
the
amount of P 70, 000.00 while employed as

"biyahero" by Eulalia. Was the Deed of Sale
between Domeng and Eulalia a contract of
sale or an equitable mortgage? Explain.
(5%)
SUGGESTED ANSWER:
Deed of Sale over a parcel of land in favor of

Eulalia. She sold the property to her
The contract between Domeng Bandong
grandneice
thereafter
and Eulalia was an equitable mortgage
instituted an action for ejectment against
rather than a contract of sale. The
the Spouses Bandong.
purported deed of sale was actually
Jocelyn
who
To assert their right, Spouses Bandong filed

an action for annulment of sale against
Eulalia and Jocelyn alleging that there was
intended to merely secure the payment

of the shortage incurred by Domeng in
the
conduct
of
the
cattle-buying
operations. Under Art 1602, Civil Code,
Page 99 of 180
the contract shall be presumed to be an

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.
On June 15, 2013, Sergio learned of

another buyer, Roberto, who was
offering P800,000 in ready cash for the

land. When Roberto confirmed that he
could pay in cash as soon as Sergio could
get
the
documentation
ready,
Sergio
decided to withdraw his offer to Marcelo,
Yes. Marcelo has a cause of action

against Sergio.
Under Art. 1324, when the offerer has
allowed the offeree a certain period to
hoping to just explain matters to his friend.
accept, the offer may be withdrawn at
Marcelo,
any
however,
objected
when
the
time
before
acceptance
by
withdrawal was communicated to him,
communicating such withdrawal, except
taking the position that they have a firm
when
and binding agreement that Sergio cannot
consideration,
simply walk away from because he has an
promised.
the
option
as
is
founded
something
upon
paid
or
option to buy that is duly supported by a

duly accepted valuable consideration.
An accepted unilateral promise to buy or

sell a determinate thing for a price
(A) Does Marcelo have a cause of action

against Sergio? (5%)
SUGGESTED ANSWER:
certain is binding upon him if the

promise is supported by a consideration
distinct from the price (Art. 1479).
Page 100 of 180
Art. 1403 does not apply.
Consideration in an option contract may

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
unilateral
price.
withdrawal
Thus,
of
Sergios
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
of sale for the real property. Therefore,
The
Statute
of
Frauds
covers
an
agreement for the sale of real property

or
of
an
interest
therein.
Such
agreement is unenforceable by action,

unless
the
same,
or
some
note
or
memorandum, thereof, be in writing,

(Art. 1403 (e), Civil Code). Here, Marcelo
and
Sergio
Option
merely
Contract,
entered
which
into
refers
an
to
unilateral promise to buy or sell, which
ALTERNATIVE ANSWER:
No. Sergios claim has no legal basis.
The contract of sale has already been
partially executed which takes it outside
the ambit of the Statute of Frauds is
applicable only to executory contracts,
not to contracts that are totally or
partially performed (Carbonnel v. Poncio,
G.R. No. L-11231, May 12, 1958).
need not be in writing to be enforceable

(Sanchez v. Rigos, G.R. No. L-25494,
June 14, 1972, citing Atkins, Kroll and
Co.
Inc.
v.
Cua
Hian
Tek
and
Southwestern Sugar & Molasses Co. v.

Atlantic Gulf & Pacific Co.).
Right of First Refusal; Lessee; Effect

(2008)
No.XVI. Dux leased his house to Iris for a
period of 2 years, at the rate of P25,000.00
Page 101 of 180
would make her privy to the agreement
monthly, payable annually in advance. The

contract stipulated that it may be renewed
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. Twentythree 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

that the mother is not a third party, this
of Dux and Iris, aware of the right of first
refusal. This makes the mother a buyer

in bad faith, hence giving more ground
for
rescission
(Equatorial
of
Realty,
the
et
sale
al.
v.
to
her
Mayfair
Theater, G.R. No. 106063, 21 Nov. 1996).
No. The contract stipulated that it may

be renewed for another 2-year period
upon mutual agreement of the parties.
Contracts
are
binding
between
the
parties; validity or compliance cannot be

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

because the sale is not one of those
rescissible contracts under Art. 1381 of
the Civil Code.
It depends. The alternative prayer for

the extension of the lease may prosper if
(a) there is a stipulation in the contract
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:
Page 102 of 180
Lease
Builder;
Good
reimbursed the value of the improvements

he introduced. (4%)
Faith;
Useful
Improvements (2013)
No.IV.Anselmo is the registered owner of a
land and a house that his friend Boboy
SUGGESTED ANSWER:
Boboys claim that he is a builder in
good faith has no basis. A builder in good
occupied for a nominal rental and on the
faith
condition that Boboy would vacate the
property in concept of an owner. The
property
provisions
on
demand.
With
Anselmo's
is
someone
on
who
occupies
the
builder-planter-sower
knowledge, Boboy introduced renovations
under the Civil Code cover cases in
consisting of an additional bedroom, a
which the builder, planter and sower
covered veranda, and a concrete block
believe themselves to be owners of the
fence, at his own expense.
land, or at least, to have a claim of title
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
thereto.
As Boboy is a lessee of the property,
even if he was paying nominal rental,
property, forcing Anselmo to send him a
Art. 1678, Civil Code, is applicable.
written demand to vacate.
Under this provision, if the lessee makes,

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

the lease is intended, without altering
the form or substance of the property
leased, the lessor upon the termination
of the lease, shall pay the lessee one-half
of the value of improvements at that
mere lessee. Boboy responded by removing
time.
Should
the
lessor
refuse
to
the improvements and leaving the building
reimburse said amount, the lessee may
in its original state.
remove the improvements, even though

the principal thing may suffer damage
(IVa) Resolve Boboy's claim that as a builder

in good faith, he should be
thereby.
Page 103 of 180
(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
principal
thereby.
the
same,
thing
If
in
improvements
even
may
though
suffer
removing
Boboy
the
damage
the
useful
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,
when the term of their lease shall have
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
expired. Is Ildefonso bound to respect the
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%)
Agency
SUGGESTED ANSWER:
Yes, Ildefonso must respect the lease
contracts between Jude and his tenants.
While it is true that the said lease
contracts
were
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
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
still
registered
an Agent (2010)
and
is
not
Agency; Sale of a Real Property through
not
an
the existence of the lease because the

building was already occupied by the
tenants
at
the
time
he
bought
contract of sale on her behalf.

Y thus sold the land to B1 on March 31,
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.
Page 104 of 180
B2, unaware of the sale of the land to B1,

signified to Y his interest to buy it but
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
inscribed in the Registry of Deeds, the
case is governed by Art 1544 of the New

Civil Code which provides that in case of
extinguishing right to real property not

double sales of an immovable property,
the
ownership
shall
pertain
to
the
person who is in good faith was first in

possession and in the absence thereof to
registered under Act 496 shall be valid

except as between the parties. Thus, the
Deed of Sale of B-2 has no binding effect
on B-1.
the person who presents the oldest title,
Partnership
provide there is good faith.

In a case, the Supreme Court has held
that in a sale of real estate the execution
of
notarial
document
of
sale
is
Liability; Liability of a Partner (2010)

No.XV.
A,
partnership
B,
and
to
operate
entered
a
into
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
establishing,
acknowledging,
transmitting,
modifying,
or
branch
of
the
restaurant,
incurring
obligations in the process. Creditors started
Page 105 of 180
demanding
for
the
of Mota v. Serra, 47 Phil
payment
of
their
obligations.
(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
actions,
can
for
file
instance,
the
an
appropriate
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
1829, 1835, par 2, NCC; Testate Estate
464 [1925]). However, the liability of Cs
not in writing.
individual properties shall be subject
first to the payment of his separate
debts (Art 1835. NCC).
ALTERNATIVE ANSWER:
TRUE. An oral is a consensual of the
partnership is valid even though not in
writing.
However,
If
it
involves
contribution of an immovable property
Oral Partnership (2009)
or a real right, an oral contract of
partnership is void. In such a case, the
statement
the
contract of partnership to be valid, must
be in a public instrument ( Art. 1771
,NCC
is
true,
or
FALSE
if
(C). An oral partnership is valid. (1%)
Partnership
and
the
inventory
of
said
property signed by the parties must be

attached to said public instrument (Art.
1773, NCC).
SUGGESTED ANSWER:
TRUE.
),
is
consensual
contract, hence, it is valid even though
ALTERNATIVE ANSWER:
Page 106 of 180
TRUE.
Partnership
is
consensual
contract, hence, it is valid even though

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
NCC),
the
or
mandatory
said
oral
(Article
contract
5,
of
partnership must also be valid. The

interested party may simply require the
contract
to
be
made
into
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
the existence of a partnership. Do you
agree? Explain your answer. (5%)
SUGGESTED ANSWER:
Such agreement was not reduced to writing.

Yes, he is not entitled to the return of
his contribution to the capital of the
partnership, but only to the net profits
Siga-an demanded interest which was paid

by Villanueva in cash and checks. The total
amount Villanueva paid accumulated to P
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
provided in Art 1856 and 1857, Civil

Code.
Interest;
Solutio
Indebiti
(2012)
No.VI.a)
(3%)
SUGGESTED ANSWER:
Commodatum & Mutuum

Mutuum;
(1) Is the payment of interest valid? Explain.
No, Art. 1956, Civil Code, provides that

no interest shall be due unless it has
been expressly stipulated in writing.
Siga-an
granted
loan
to
Villanueva in the amount of P 540, 000.00.
(2) Is solution indebiti applicable? Explain.

(2%)
Page 107 of 180
miscarriage of another, the Statute of

Frauds requires it to be in writing to be
SUGGESTED ANSWER:
Yes,
Solutio
because
Indebiti
Villanueva
P600,000.00
is
applicable
Overpaid
representing
by
interest
payment which is not due. He can,

therefore, demand its return.
Guaranty
Guaranty (2009)
statement
is
true,
or
FALSE
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

promise
answer
for
the
debt,
or
secondary; whereas, in suretyship, it is

enforceable ( Article 1403 [2] b, NCC).The
validity
of
the
contract
should
be
distinguished from its enforceability .
primary.
(2) In guranty, the undertaking is to pay if
the
Surety
principal
debtor
cannot
pay;
whereas, in suretyship, the undertaking

is to pay if the principal debtor does not
Surety (2010)
pay .

each)
(A).
(3) In guranty, the guarantor is entitled to

the benefit of excussion; whereas, in
What
is
the
difference
between
"guaranty" and "suretyship"?
(4) Liability in guaranty depends upon

an independent agreement to pay the
SUGGESTED ANSWER:
obligations of the principal if he fails to
Guaranty and Suretyship distinguished

(1)The
obligation
suretyship the surety is not entitled.
in
guaranty
do so; whereas, in suretyship, the surety

is
assumes liability as a regular party.
Page 108 of 180
case of default by the pledgor.
(5)The Guarantor insures the solvency

of the principal debtor; whereas, the
surety insures the debt.
(6)In
guaranty,
subsidiarlty
suretyship,
the
liable;
the
guarantor
whereas,
surety
binds
in
is
a
himself
solidarity with the principal debtor (Art

2047, Civil Code).
Pledge
Pledge; Pactum Commissorium (2009)
No.XVII.
Rosario
obtained
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
commissorium
amount
because
to
it
pactum
does
not
provide for the automatic appropriation

by the pledgee of the thing pledged in
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
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?
Reasons. (3%)
SUGGESTED ANSWER:
No, my answer will be different. While
in
accordance
with
the
Torts and Damages

Damages (2012)
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

way of pledge or mortgage, or dispose of
full of fruits which she was bringing to the

affair. At the reception, the wedding
Page 109 of 180
ridicule or shame, his action will
coordinator of the hotel noticed him and

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,
Deeply
who
however
embarrassed
denied
by
doing
the
so.
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
that exposed Roberto to unnecessary
problem makes no statement of that

prosper. Otherwise, Robertos action will
not prosper.
finding. In the contrary, the problem

states that it is a mere allegation.
The hotel is liable for the wrongful acts

of its employees.
Damages; Moral & Exemplary (2009)
COMMENT:
The facts of the problem are almost
similar to the facts of Nikko Hotel
Manila
No.
154259, Feb 28, 2005. In the said case,
however, there is a categorical finding
expenses
Garden
v.
Reyes,
G.R.
that the hotel employee did not, exposed

the complainant to the ridicule, shame
or
embarrassment;
hence,
did
not
commit any abuse of right. The present
in
delivering
the
child
by

Rodolfo
promised
to
marry
her,

Page 110 of 180
(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,"
thereby imposed higher taxes), which the
"Hope,"
and
"More"
cigarettes.
Fortune filed a complaint against VinzonsChato 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
Supreme Court later declared invalid.
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
declared
discharge
of
her
duties
as
BIR
Commissioner. Is she correct? Explain. (5%)

SUGGESTED ANSWER:
the
public
invalid
officer
by
the
issued
was
court.
The
complainant must still allege and prove

the particular injury or prejudice he has
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

are when he acted with malice, bad faith,
or gross negligence in the performance
of his duty, or when his act is in
violation of a Constitutional guaranteed
right and liberties of a person under
Art32 of the NCC.
The problem does not state any fact from

which any malice, bad faith or gross
negligence on the part of Vinzons-Chato
may be inferred, or the particular injury
or prejudice the complainant may have
suffered as a result of the violation of his
constitutional right. Hence, she
Page 111 of 180
cannot
be
held
liable for the damage awarded against
liable.
The
facts
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

civil liability, Rommel is subsidiarily
Yes, my answer will be the same except

the driver and the defense of diligence is
not available.
that in such case the liability of the

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%)

SUGGESTED ANSWER:
Yes, my answer would be the same.
Rommel, who was in the car, shall be
liable for damages if he could have
due diligence (Art. 2184, NCC). For the

owner to be held liable, the burden of
proving that he could have prevented
the misfortune rests on the shoulder of
the victim.
prevented the misfortune by the use of

due diligence in supervising his driver
but failed to exercise it (Art. 2184, NCC).
In such case, his liability is solidary with
his driver.
ALTERNATIVE ANSWER:
Doctrine of Discovered Peril (Last Clear

Chance) (2007)
No.III. Explain the following concepts and
doctrines and give an example of each:
Page 112 of 180
(B). doctrine of discovered peril (last clear

chance) (5%)
SUGGESTED ANSWER:
The doctrine of last clear chance states
that where the plaintiff was guilty of
prior or antecedent negligence, but the
defendant,
who
opportunity
to
had
avoid
the
the
ultimate
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)
No.XIV. Primo owns a pet iguana which he

keeps in a man-made pond enclosed by a
fence situated in his residential lot. A
lost. This responsibility shall cease only

typhoon knocked down the fence of the
in case the damage should come from
pond and the iguana crawled out of the gate
force majeure or from the fault of the
of Primos residence. N, a neighbor who was
person who has suffered damage (Art
passing by, started throwing stones at the
2183, NCC).
iguana, drawing the iguana to move toward

him. N panicked and ran but tripped on
something and suffered a broken leg.
Is anyone liable for Ns injuries? Explain.
Liability;
Special
Parental
Authority
(2010)
(4%)
No.XII. On May 5, 1989, 16-year old
SUGGESTED ANSWER:
No one is liable. The possessor of an
Rozanno, who was issued a student permit,

drove to school a car, a gift from his
parents. On even date, as his class was
animal or whoever may make use of the
scheduled to go on a field trip, his teacher
same is responsible for the damage it
requested him to accommodate in his car,
may cause, although it may escape or be
as he did, four (4) of his classmates
Page 113 of 180
because the van rented by the school was

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
principally liable under Art 221 (FC), if
they are negligent.
if the incident happened sometime in

(B). How about the damage to the jeepney?
Explain. (2%)
the middle of 1994, Rozanno have been

21 years old at the time. Hence, he was
already of legal age. The law reducing the
SUGGESTED ANSWER:
With respect to the damages caused to
the jeepney, only Rozanno should be
held liable because his negligence or
tortuous act was the sole, proximate and
immediate cause thereof.
(C). Under the same facts, except the date of
occurrence of the incident, this time in
age of majority to 18 years took effect in

December 1989.
Being of legal age, articles 218, 219, and
221 of the Family Code are no longer
applicable. In such case, only Rozanno
will be personally responsible for all the
consequences
of
his
act
unless
his
school or his parents were themselves
mid-1994, what would be your answer?
also
negligent
and
such
negligence
Explain. (2%)
contributed to the happening of the

incident. In that event, the school or his
SUGGESTED ANSWER:
Since Rozanno was 16 years old in 1989,
parents are not liable under Art 218, 218

or 221 of the Family Code, but will be
Page 114 of 180
liable under general provision on the
court to justify the damages that your client
Civil Code on quasi-delict.
claims? (8%)
SUGGESTED ANSWER:
Quasi-Delict; Claims; Requisites (2013)

No.II. A collision occurred at an intersection
I will the base the claim of my client on

quasi-delict under Art 2176 of the Civil
involving a bicycle and a taxicab. Both the
Code of the Philippines. The requisites
bicycle rider (a businessman then doing his
for a claim under quasi-delict to prosper
morning
are as follows:
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
(1) Act or omission, there being fault or

negligence;
(2) Damage or injury; and
(3) Causal connection between the damage
and the act or omission.
The case clearly involves quasi-delict
where
my
suffered
client,
injury
negligence
of
as
the
the
a
bicycle
result
rider,
of
the
over-speeding
taxi
driver, without fault on my clients part.
for another 3 months. In his complaint for

damages, the rider prayed for the award
To prove actual damages aside from the
ofP1,000,000 actual damages,P200,000
testimony of client, I will present his
moral
hospital and medical bills. Receipts paid
damages, P200,000
damages, P1 00,000 nominal
exemplary
damages
and P50,000 attorney's fees.
on
the
rehabilitation
will
also
be
presented. [The sentence in red should
Assuming the police report to be correct
be replaced with the following sentence
and as the lawyer for the bicycle rider, what
because he is a businessman and not an
evidence
employee. Furthermore, I will present
(documentary
and
testimonial)
and legal arguments will you present in
income tax returns, contracts and other
documents to prove unrealized profits as
a result of this temporary injury.] I will
Page 115 of 180
the award for moral damages.
also call the attending physician to

testify as to the extent of the injuries
suffered by my client, and to corroborate
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
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
eyewitness accounts, in order to support
Exemplary damages may be granted if

the defendant acted in wanton,
when exemplary damages are awarded

fraudulent,
reckless,
oppressive,
or
malevolent manner. While the amount of

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

each)
present the police report showing the

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

to testify as to the conduct of the
Note: It is recommended that the examiner

exercise leniency and liberality in grading
parties at the time of the accident in
the answers given to this question. The term
order to determine whether defendant
quasi-tort is not part of legal developments
was guilty of gross negligence.
in civil law. In Philippine legal tradition,

quasi-
Finally, attorneys fees may be recovered

Page 116 of 180
equivalent of quasi-delict. Hence the
delict has been treated as the closest civil

law equivalent of the common law tort. In
fact,
in
decisions,
number
the
two
of
Supreme
terms
have
Court
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
Civil
Law
concept
(Wikipedia
encyclopedia).
ALTERNATIVE ANSWER:
Quasi
-tort
is
considered
as
the
rules of the latter pertaining to persons
his negligence is not the proximate

who can be held liable and their defenses
would also apply.
Those liable for quasi-delict include:
cause of the injury ( Article 2179 NCC );

(c) That the plaintiff's own negligence was
the immediate and proximate cause of
his injury ( Article 2179 NCC );
(1) Those tortfeasor or the person causing

damage to another through fault or
negligence ( Article 2176 NCC ); and
(2) Persons vicariously liable under Article
2180 (NCC ).
(d ) That the person vicariously liable

has observed all the diligence of a good
father of a family to prevent damage
( Article 2180 NCC ); and
(e) That the cause of action has
The defenses available include:

(a) That the defendant was not negligent or
prescribed after the lapse s (Article 2179

NCC ).
that he exercised due diligence ( Article
The
2176 NCC );
committed contributory negligence is a
(b) That although the defendant is negligent
fact
that
the
plaintiff
had
partial defense (Art 2179, NCC).
Page 117 of 180
MULTIPLE CHOICE
per capita, and not by right of

representation (Art 975, Civil Code)
QUESTIONS
2013
I. (2) How much is Dante's share in the net
Taxation Law Exam
estate? (1%)
MCQ (October 13, 2013)
(A) P150,000.
(B) P200,000.
I. Armand died intestate. His full-blood
(C) P300,000.
brothers, Bobby and Conrad, and half-
(D) P400,000.
blood brothers, Danny, Edward and Floro,
(E) None of the above.
all predeceased him. The following are the

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

Bobby;
There is no showing that Danny is an
2. Cesar, legitimate child of Conrad;
illegitimate
3. Dante, illegitimate child of Danny;
value
of
Armand's
estate
brother
of
contrary, the law presumes that the
5. Felix, grandson of Floro.

net
half-blood
Armand. In the absence of proof to the
4. Ernie, adopted child of Edward; and
The
E. None of the above.
is
Pl,200,000.
relationship is legitimate. Thus, Dante,

an illegitimate child of Danny, is barred
from inheriting from Armand pursuant
I. (1) How much do Benny and Bonnie
to
stand to inherit by right of representation?
disqualifies an illegitimate child from
(1%)
(A) P200,000
(B) P300,000
(C) P400,000
(D) P150,000
the
iron
inheriting
ab
curtain
intestao
rule
from
which
the
legitimate children and relatives of his

father or mother, and vice versa (Art
992, Civil Code).

I. (3) How much is Ernie's share in the net
SUGGESTED ANSWER:
estate . (1%)
(A) P 0.
If all the brothers/sisters are disqualified

to inherit, the nephews/nieces inherit
(B) P400,000.
(C) P150,000.
(D) P200,000.
(E) None
above.
of
the
SUGGESTED
ANSWER:
Page 118 of 180
(A) 0 or (E) None of the above.

The
legal
relationship
Should the share of insolvent debtor C be
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).
divided
only
between
the
two
other
remaining debtors, A and B? (1%)

(A) Yes. Remission of D's share carries with it
total extinguishment of his obligation to the
benefit of the solidary debtors.
(B) Yes. The Civil Code recognizes remission as
a mode of extinguishing an obligation. This
clearly applies to D.
(C) No. The rule is that gratuitous acts should
be restrictively construed, allowing only the
I. (4) How much is Felix's share in the net

estate? (1%)
least transmission of rights.

(D) No, as the release of the share of one
(A) P400,000.
debtor would then increase the burden of
(B) P150,000.
the other debtors without their consent.
(C) P300,000.
(D) P0.
SUGGESTED ANSWER:
(D). No, as the release of the share of one
SUGGESTED ANSWER:
debtor would then increase the burden of
(D). 0. Or (E) None of the above.
the other debtors without their consent.
In the collateral line, representation is
When one of the solidary debtors cannot,
granted only to children of brother or
because of his insolvency, reimburse his
sisters,
share
Felix
is
grandson
of
to
the
debtor
paying
the
predeceased brother.
obligation, such share shall be borne by
(Note: E. None of the above: is another
all his co-debtors, in proportion to the
answer because Felix has no share at
debt of each (Art 1217, Civil Code).
all in the net estate)
Additionally, D was released only from

his share of P10,000.00 not from the
II. A, B, C and D are the solidary debtors of
solidary tie that binds him to A, B and C.
X for P40,000. X released D from the

payment of his share of PI 0,000. When the
III. Amador obtained a loan of P300,000
obligation became due and demandable, C
from Basilio payable on March25, 2012. As
turned out to be insolvent.
security for the payment of his loan,
residential house and lot in Basilio's favor.
Amador constituted a mortgage on his

Page 119 of 180
(Note: A is not the correct answer

Cacho, a good friend of Amador, guaranteed
and obligated himself to pay Basilio, in case
Amador fails to pay his loan at maturity.
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
and has resorted to all the legal remedies
against the debtor (Art. 2058, Civil Code)
because it states that all the assets of
ownership on the buyer, Diego, who must

Basilio
(the
creditor)
must
first
be
therefore consent.
(D) No, Basilio cannot foreclose the real estate
exhausted)
III. (2) If Amador sells his residential house
and lot to Diego, can Basilio foreclose the
real estate mortgage? (1%)
(A) Yes, Basilio can foreclose the real estate
mortgage. To deprive the new owner of

ownership and possession is unjust and
inequitable.
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 estate
instrument.
mortgage. It is binding upon Diego as the
Since
mortgage
instrument, there is constructive notice
is
embodied
in
public
to
instrument.
(C) No, Basilio cannot foreclose the real
estate
mortgage.
The
sale
the
Diego,
mortgage
who
is
is
the
in
buyer
public
if
the
mortgaged property.
confers
ALTERNATIVE ANSWER:
Page 120 of 180
of
(C) No, Basilio cannot foreclose the real

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
extraordinary
all
the
expenses,
ordinary
but
subject
and
to
reimbursement from Cruz.

(C) Yes, Jose's refusal is justified. The principle
unjust
enrichment
warrants
reimbursement of Jose's expenses.
the
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
preservation of the thing loaned. It is
lent the car to his girlfriend, Jolie, who
Jose's obligation to shoulder these useful
parked the car at the Mall of Asia's open
expenses.
In commodatum, the bailee is obliged to
pay for the ordinary expenses for the use
and preservation of the thing loaned (Art
parking lot, with the ignition key inside the

car. Car thieves broke into and took the car.
Is Jose liable to Cruz for the loss of the car

due to Jolie's negligence? (1%)
1941, Civil Code).

Page 121 of 180
(A) No, Jose is not liable to Cruz as the loss

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 ,
000,000. P joined as an industrial partner,

contributing only his services. The Articles
of Partnership, registered with the
V. (l) Assuming that the just and equitable

Securities
and
Commission,
share of the industrial partner, P, in the
designated L and 0 as managing partners; L
profit in 2006 amounted to P1 00,000, how
was liable only to the extent of his capital
much is the share of 0, a limited partner, in
contribution; and P was not liable for
the P800,000 net profit? (1%)
losses.
(A) P160,000.
In 2006, the partnership earned a net profit
(B) P175,000.
of P800,000. In the same year, P engaged in
(C) P280,000.
a different business with the consent of all
(D) P200,000.
the
partners.
partnership
Exchange
However,
incurred
in
2007,
net
loss
the
of
P500,000. In 2008,the partners dissolved
SUGGESTED ANSWER:
the partnership. The proceeds of the sale of
(C) P280,000.
partnership
First, deduct the share of P from the
assets
were
insufficient
to
settle its obligation. After liquidation, the
profits.
partnership
P700,000. Next, get the share of O by
ofP300,000.
had
an
unpaid
liability
P800,000
less
P100,000
is
following the proportion that the shares

of L, M, N, O is 1:1:1:2, respectively.
Page 122 of 180
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
the partnership, 0 is liable as capitalist
Partnership embodying such stipulations

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

is completely accurate.
(E) None
of
the
above
is
completely
accurate.
SUGGESTED ANSWER:
(E) None of the above is completely
capital contribution.
(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
with
although the period for delivery was not
the
requirements
of
limited
partnership.
(D) No. The Civil Code allows the partners to
stipulate that a partner shall not be liable
for losses. The registration of the Articles of
for
delivery
within
month,
guaranteed. Despite Gary's efforts to deliver

on
time,
transportation
problems
and
government red tape hindered his efforts

and he could only deliver after 30 days.
Page 123 of 180
Homer refused to accept the late delivery

and to pay on the ground that the agreed
term had not been complied with.
As
lending
investor,
Gary
granted
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.
could not insist that Homer accept the
The
contract
contemplates an obligation with a term.

Since the delivery was made after 30 days,
contrary to the terms agreed upon, Gary
tobacco leaves.
parties.
(D) No. Homer was not justified in refusing
It is clear under the facts that the period
to accept the tobacco leaves. There was no
of delivery of the tobacco leaves was not
term in the contract but a mixed condition.
guaranteed.
The fulfillment of the condition did not
factors which may prevent him from
depend purely on Gary's will but on other
making the delivery within a month.
factors, e.g., the shipping company and the
True enough, transportation problems
government. Homer should comply with his

obligation.
No.
Homer
was
not
justified
in
consented to the terms and conditions

the
sale
other
and government red tape did. Such
refusing to accept the tobacco leaves. He
of
anticipated
slight delay was, thus, excusable.
SUGGESTED ANSWER:
(B)
Gary
and
must
abide
by
it.


parties and should be complied with in
good faith (Art. 1160, Civil Code)
VI. (2) Can Gary compel Isaac to pay his

loan even before the end of the two-year
period? (1%)
Page 124 of 180
(A) Yes,
Gary
can
immediately
pay
immediately demandable. Isaac lost his
compel
the
Isaac
loan.
to
Non-
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
the P1,000,000
for
Isaac
to
pay
simplybecause
the
promised security was not delivered.

SUGGESTED ANSWER:
(A)
Yes,
Gary
immediately
can
pay
compel
the
Isaac
loan.
to
Non-
compliance with the promised guaranty

or
security
renders
the
obligation
right to make use of the period.
Under Art 1198 (2) of the Civil Code, the

debtor shall lose every right to make use
of the period when he does not furnish
to
the
creditor
the
guaranties
or
securities which he has promised.
In 2008, Lita met and married Jaime. They

now have a child of their own.
While on a tour with her former high school
classmates in a remote province of China in
2010, Lita was surprised to see Lito or
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,
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:
she
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.

Page 125 of 180
(A) The marriage subsists because the marital

bond has not been terminated by death.
(B) The marriage is valid. After an absence of

more
(B) The marriage was terminated when Lita

married Jaime.
than
10
years,
Lito
is
already
presumed dead for all purposes.

(C) The marriage is void. Lito's mere absence,
(C) The marriage subsists because Lita's
however lengthy, is insufficient to authorize

Lita to contract a subsequent marriage.
marriage to Jaime is void.

(D) The marriage is terminated because Lito is
(D) The marriage is void. If Lito is indeed alive,
presumed dead after his plane has been
his marriage to Lita was never dissolved
missing for more than 4 years.
and they can resume their marital relations
(E) The marriage can be formally declared
at any time.
terminated if Lito would not resurface.

SUGGESTED ANSWER:
SUGGESTED ANSWER:
Any answer is correct.
(C) The marriage subsists because Lita's
Under Art 390 of the Civil Code, after an
marriage to Jaime is void.
absence of seven years, it being unknown
For
the
purpose
of
contracting
the
whether or not the absentee still lives,
subsequent marriage under Art 41 of the
he
Family Code, the spouse present must
purposes, except for those of succession.
institute
as
This provision was not repealed by the
provided in the Family Code for the
present Family Code. Applying this to
declaration of presumptive death of the
the problem, (A) may be correct. (B) may
absentee, without prejudice to the effect
also be correct. (C) and
of
(D) may also be correct under Art 41 of
the
summary
reappearance
proceeding
of
the
absent
spouse.
shall
presumed
dead
doe
all
the Family Code.
VIII.Which
VII. (2) If Lito is alive, what is the status of
be
of
the
following
actions
or
defenses are meritorious: (1%)
Lita's marriage to Jaime? (1%)

(A) An action for recovery of down payment
(A) The marriage is valid because Lita's
paid under a rescinded oral sale of real
marriage to Lito was terminated upon Lito's
property.
disappearance for more than seven years.
(B) A defense in an action for ejectment that
the lessor verbally promised to extend or
renew the lease.
Page 126 of 180
down payment on the basis of solution
(C) An action for payment of sum of money filed

against one who orally promised to answer
another's debt in case the latter 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.
cancel the contract, the vendee likewise
can file an action for the recovery of the
indebiti.
can be enforced in a court action. (Art

1403, Civil Code)
ALTERNATIVE ANSWER:
(a) The recovery of the down payments
(d) The fact that a debtor has unliquidated

assets does not excuse him 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 the
possible answer.
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
Civil Code)
(c) A contract of guaranty is a promise to
answer for the debt of another and
hence, it is also covered by the Statute
commission with the express obligation to

turn over to Betty the proceeds of the sale,
or to return the jewelries if not sold in a
month's
time.
Instead
of
selling
the
jewelries, Aida pawned them with the
of Frauds. It must be in writing before it

Page 127 of 180
Tambunting
Pawnshop,
and
used
the
(C) I will rule in favor of Tambunting. Its good
money for herself. Aida failed to redeem the
faith takes precedence over the right of
pawned jewelries and after a month, Betty
Betty to recover the jewelries.
discovered what Aida had done. Betty
(D) I will rule in favor of Tambunting. Good
brought criminal charges which resulted in
faith is always presumed. Tambunting's
Aida's conviction for estafa.
lawful acquisition in the ordinary course of

business coupled with good faith gives it
Betty thereafter filed an action against
legal right over the jewelries.
Tambunting Pawnshop for the recovery of

the
jewelries.
Tambunting
raised
the
SUGGESTED ANSWER:
defense of ownership, additionally arguing
(A) I will rule in favor of Betty. My ruling
that it is duly licensed to engage in the
is based on the Civil Code provision that
pawnshop and lending business, and that it
one who has lost any movable or has
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
been unlawfully deprived thereof may

recover it from the person in possession
of the same. Tam bunting's claim of good
faith is inconsequential.
the case? (1%)

Although possession of movable property
(A) I will rule in favor of Betty. My ruling is
acquired in good faith is equivalent to a
based on the Civil Code provision that
title, nevertheless, one who has lost any
one who has lost any movable or has
movable or has been unlawfully deprived
been unlawfully deprived thereof may
thereof may recover it from the person
recover it from the person in possession
in possession of the same. Betty has
of the same. Tam bunting's claim of good
been deprived unlawfully of her jewelries
faith is inconsequential.
by the estafa committed by Aida. The
(B) I will rule in favor of Betty. Tambunting's
pledge of the said jewelries by Aida to
claim of good faith pales into insignificance
Tambunting pawnshop is void because
in light of the unlawful deprivation of the
the pledgor is not the owner (Art 2085
jewelries. However, equity dictates that
(2), Civil Code). Tambuntings claim of
Tambunting must be reimbursed for the

pawn value of the jewelries.
good faith is inconsequential, because,

aside from good faith, Tambunting must
prove also that it acquired the jewelries
retain the jewelries until reimbursed by
at a public sale in order to be able to

Page 128 of 180
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
payments
return
she
the
made.
the action is based, is unenforceable.
advance
Arlene
rental
refused,
prompting Janet to file an action to recover

the payments. Arlene filed a motion to
dismiss, claiming that the lease on which
the cause of action does not seek to

If you were the judge, would you grant
Arlene's motion? (1%)
(A) Yes, I will grant the motion because the
enforce any right under the contract of

lease.
SUGGESTED ANSWER:
lease contract between Arlene and Janet
(D) No. I will not grant the motion
was not in writing, hence, Janet may not
because the cause of action does not
enforce any right arising from the same
seek to enforce any right under the
contract.
contract of lease.
(B) No, I will not grant the motion because to

allow
Arlene
payments
to
would
retain
amount
the
to
advance
unjust
enrichment.
(C) Yes, I will grant the motion because the
action for recovery is premature; Janet
should first secure a judicial rescission of
the contract of lease.
(D) No. I will not grant the motion because
Janet is not asking for the continued use

of the leased premises. Moreover, the
contract
is
aside
the
ambit
of
the
Statute of Frauds as the same has

already been partially performed.
X. (2)Assume that Janet decided not to

accept
the
scholarship
and
continued
leasing Apartment No. 1. Midway through
Page 129 of 180
As such, it is covered by the Statute of
the lease period, Arlene decided to sell

Apartment No. 1 to Jun in breach of her
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
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.
The right of first refusal involves a
transfer of interest in the real property.
be the subject of legal relations.

Frauds under Art 1403 (2)(e) of the Civil
Code. It must be in writing in order to be
enforceable.
d) Juridical capacity cannot exist

without capacity to act.
2. Which of the following is NOT a restriction

on ones capacity to act?
2012
Taxation Law Exam
MCQ (October 14, 2012)
a) Minority
b) Marriage
c) Deaf-mute
d) Civil Interdiction
1. Which of the following is NOT included in

the attributes of juridical capacity?
SUGGESTED ANSWER:
a) Juridical capacity is inherent in
This question should be disregarded.
every natural person, and therefore
(NOTE: There is no correct answer among
it is not acquired.
the choices given. All choices are restrictions
b) Juridical
capacity
is
lost
only
through death.
c) Juridical capacity is the fitness to
on ones capacity to act. While Marriage is

the only one not mentioned in Articles 38
and 39 of the NCC as a restriction on
Page 130 of 180
capacity to act, it restricts the capacity of a
b)
married person in cases of adoption.)
Philippine law.
c)
3. This
attribute
or
incident
of
case
determine whether it is a conflict-of-laws

case or one covered by domestic law.
b) Foreign element
No, the governing law is Spanish
will. He could have observed Spanish Law
4. The capacity of an heir to succeed shall be

governed by the:
a) national law of the decedents heirs
country
where
the
decedent was a resident at the time

of his death
c) national law of the person who
died
d) law
d)
observed by the testator in executing his
d) Forum non conveniens
the
act of the testator.
Note: The facts do not state the Law
c) Jurisdiction
of
No, attestation clause is not an
law.
a) Cause of action
b) law
Yes, the will is not valid under
or Philippine Law (see comment of Tolentino

to Art. 815 NCC in 3Tolentino117, 1992). If
he observed Spanish Law, the opposition is
not correct because the will is valid under
Spanish Law, hence choice (d) is the correct
answer. If he observed Philippine Law, the
opposition
is
still
not
correct
because
Philippine Law does not require the testator

to sign the Attestation Clause of his will,
of
the
properties
of
country
the
where
the
decedent
are
located.
5. Atty. BUKO, a Filipino, executed a will while

he was in Spain. The attestation clause of
the said will does not contain Bukos
signature. It is valid under Spanish law. At
its probate in Manila, it is being opposed on
the ground that the attestation clause does
not contain BUKOs signature.
Is the opposition correct? Choose the best
answer..
a) Yes, because it is a fatal defect.
said clause not being his act. In such case,

choice (c) is the correct answer).
6. Ramon, a Filipino, executed a will in

Manila, where he left his house and located
in BP Homes Paraaque in favor of his
Filipino
son,
Ramgen.
Ramons
other
children RJ and Ramona, both Turkish

nationals, are disputing the bequest to
Ramgen. They plotted to kill Ramgen.
Ramon learned of the plot, so he tore his
will in two pieces out of anger. Which
statement is most accurate?
a) The mere act of Ramon Sr. is
immaterial because the will is still
readable.
Page 131 of 180
b) The mere act of tearing the will

amounts to revocation.
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
Filipino
citizen
but
became
naturalized Japanese citizen at the time of

his
death,
testamentary
what
law
provisions
will
if
govern
the
will
its
is
executed in China and the property being

disposed is located in Indonesia?
a) Chinese law
b) Philippine law
c) Indonesia law
d) Japanese law
a) American law
b) Philippine law
9. A Japanese national and a Filipino national
entered into a contract for services in
c) Canadian law
d) Japanese law
Thailand. The services will be rendered in

Singapore. In case of breach, what law will
11. A French national revokes his will in Japan

where he is domiciled. He then changed his
govern?
domicile to the Philippines where he died.
a) Thailand law
The revocation of his will in Japan is valid
b) Philippine law
under Japanese law but invalid under
c) Singapore law
Philippine law. The affected heir is a
d) Japanese law
Malaysian
10. Pedro
(Filipino)
and
his
wife
Jane
national
residing
in
the
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
will govern the formalities of the joint will?
d) Malaysian law
Page 132 of 180
Pedro.
12. In the absence of contrary stipulation in 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
Philippines
provided
in
the
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 construction, Bill will
transfer and convey his cattle ranch located
in Japan in favor of
In case Pedro performs his
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)

In 1989, Charice (Filipina) and Justine
(American),
were
married
in
the
Philippines. In 1990, they separated and

Justine
went
to
Las
Vegas
where
he
obtained a divorce in the same year. He

then married another Filipina, Lea, in
Canada on January 1, 1992. They had two
(2) sons, James and John (who were both
born in 1992). In 1993, after failing to hear
from Justine, Charice married Bugoy (a
a) Valid
b) Void
c) Voidable
d) Dissolved
(Note: While Art 26 of the FC does not
categorically provide that the first marriage
is dissolved by the divorce obtained by the
foreign spouse abroad, but provides that
such divorce merely gives the Filipino spouse
the capacity to contract a second marriage, it
Page 133 of 180
is believed that the dissolution of the first
examinations unless he marries Princess.
marriage us the necessary consequence of
As a consequence of the threat, Ricky
the foreign divorce.)
married Princess. Can the marriage be

annulled on the ground of intimidation
16. What id the status of the marriage between

Charice and Bugoy under Philippine laws?
under Article 45 of the Family Code?

Choose the best answer.
a) Valid
a) Yes, because without the threat,
b) Void
Ricky
c) Voidable
Princess.
d) Unenforceable
would
not
have
married
b) Yes, because the threat to enforce

the claim of Princess vitiates the
17. What is the status of the marriage between
consent of Ricky in contracting the
Charice and Bugoy under Philippine laws?
marriage.
a) Valid
c) No, because the threat made by
b) Void
Marforth is just and legal.
c) Voidable
d) No, because Marforth is not a party
d) Unenforceable
to the contract of marriage between

Princess and Ricky.
18. What is the status of the marriage between

Regine and James under Philippine laws?
a) Valid
Malolos City from Franco for P 1Million. A
b) Void
contract was executed between them which
c) Voidable
already vested upon Audrey full ownership
d) Unenforceable
19. Ricky
and
Princess
of
were
sweethearts.
Princess became pregnant. Knowing that

Ricky is preparing for the examinations,
Marforth, a lawyer and cousin of Princess,
threatened
Ricky
20. Audrey, single, bought a parcel of land in
with
the
filing
of a
complaint for immorality in the Supreme

Court, thus preventing him from taking
the
property,
although
payable
in
monthly installments for a period of four (4)

years. One (1) year after the execution of
the contract, Audrey got married to Arnel.
They
executed
marriage
settlement
whereby they agreed that their properties

shall be governed by the regime of conjugal
partnership
of
gains.
Thereafter,
subsequent installments were paid from the

conjugal partnership funds. Is the land
conjugal or paraphernal?
Page 134 of 180
a) The land is conjugal because the

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
consular
Australia.
citizen,
office
got
of
According
marriage is celebrated in accordance with
married
the
to
in
Philippines
the
laws
the
in
of
Australia, a marriage solemnized by a

consular official is valid, provided that such
was celebrated.
the laws of such consular official. Under
Philippine law, what is the status of the
marriage of Agay and Topacio? Choose the
best answer.
a)
Void, because the consular official
only
has
authority
to
solemnize
marriages between Filipinos.

b)
(Note: The issues in the problem is whether

or not the fact that one of the parties to the
marriage was an alien constituted absence
of authority or mere irregularity of authority.
The problem only give the choice, letter (a),
in case it is interpreted as absence of
authority. The problem does not give a
Valid, because according to the laws
choice in case it is interpreted as an
of Australia, such consular official has
irregularity thereby making all the other
authority to celebrate the marriage.

c)
Voidable,
because
there
answers wrong).
is
an
irregularity in the authority of the consular

official to solemnize marriages.
23. Separation of property between spouses
d)
during the marriage may take place only:
Valid, because such marriage is
recognized as valid in the place where it
a) by agreement of the spouses.
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
of 27. 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
Page 136 of 180
29. The
following
constitute
the
different
a) Children conceived or born outside

a valid marriage.
circumstances or case of fraud which will

serves as ground for the annulment of a
b) Children
marriage, except?
born
under
valid
marriage, which was later declared

previous
void because of the psychological
conviction by final judgment of the
incapacity of either or both of the
other party of a crime involving
spouses.
a) Non-disclosure
of
the
moral turpitude.
b) Concealment
c) Children
of
conceived
and
outside a valid marriage.
sexually-
transmissible disease, regardless of
d) Children
born
under
its nature, existing at the time of the
marriage,
marriage.
obtained a legal separation.
c) Concealment
of
drug
born
but
the
parents
valid
later
addiction,
habitual alcoholism, homosexuality
32. An illegitimate child may use the surname
or lesbianism existing at the time of
of
marriage.
established
d) Concealment by the wife or the

husband of the fact of sexual
his
father
in
when
any
his
of
filiation
the
is
following
instances, except:
a) Filiation has been recognized by the
father through the record of birth
relations prior to the marriage.
appearing in the civil register

30. Which of the following is not a requisite for
in a public document.
a valid donation propter nuptias?

a) The donation must be made before
donation
shall
be
automatically revoked in case of

non-celebration of the marriage.
c) The donation must be made in
consideration of the marriage.
d) The donation must be made in favor
of one or both of the future spouses.
31. Who are illegitimate children?
c) Private handwritten instrument is

made by the father acknowledging
the celebration of the marriage.

b) The
b) Admission of filiation by the father
his filiation.
d) Affidavit by the mother stating
the name of his true father.
33. Under RA 8043, an adopter is required to

be at least ____ years old and ____ years
older than the child to be adopted at the
time of the application unless the adopter is
the parent by nature of the child.
a) 30 and 15
b) 27 and 16
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 is
old.
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.
35. Which of the following DOES NOT result in

permanent
termination
of
parental
authority?
reimbursement
expenses
and
for
necessary
those
for
gathering
the
and
preservation of the fruits.
b) Death of the child.

c) Emancipation of the child.
d) Conviction of the parents of a
crime which carries with it the
penalty of civil interdiction.
36. The court, in an action filed for the

purpose, may suspend parental authority if
the parent or the person exercising parental
authority commits any of the following acts,
except:
c) The possessor in bad faith is not

entitled to a refund of ornamental
expenses.
d) The possessor in bad faith is
entitled to a refund of useful
expenses.
38. Which phrase most accurately completes

the statement The expenses incurred in
improvements
for
the
luxury
or
mere
pleasure shall not be refunded to thew

the
child
with
excessive
harshness or cruelty.
b) Gives the child corrupting orders,
counsel or example.
c) Compels the child to take up a
course in college against his/her
will.
of
production,
a) Death of the parents.
a) Treats
b) The possessor in bad faith has right
possessor in bad faith:

a) but he may remove the objects for
which such expenses have been
incurred, provided that the thing
suffers no injury thereby, and that
the
lawful
possessor
prefer to retain them.
does
not
Page 138 of 180
b) and he may not remove the objects

for which such expenses have been
of the dominion over the property as owner.

What action is being referred to?
a) Accion publiciana
incurred.
b) Accion reinvindicatoria
c) and he may not remove the objects

for which such expenses have been
c) Accion interdictal
incurred, unless he pays the value
d) Quieting of Title
they may have at the time he

42. A summary action to recover physical or
entered into possession.

d) but he may remove the objects for
material possession only and must be
which such expenses have been
brought within one (1) year from the time
incurred.
the cause of action arises. What action is

being referred to?
39. The following are the limitations on the

right of ownership imposed by the owner
himself, except:
a) Will/Succession
b) Mortgage
43. The following things are property of public
c) Pledge
dominion, except:
d) Lease
a) ports and bridges constructed by

the State.
40. A plenary action for the recovery of the

possession
of
real
estate,
upon
mere
b) vehicles and weapons of the Armed

Forces of the Philippines.
allegation and proof of a better right
c) rivers.
thereto, and without allegation of proof of

title. This action can only be brought after
d) lands reclaimed by the state from

the sea.
the expiration of one (1) year. What action is

being referred to?
SUGGESTED ANSWER:
This
question
should
be
disregarded
because there is no correct answer.

(Note: At first glance, one gets the impression
that vehicles and weapons of the AFP are
41. Action to recover real property based on

ownership. Here, the object is the recovery
not property of the public domain. But they

are actually property of the public dominion
under the second paragraph of Art 420 of

Page 139 of 180
---
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.)

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
property
public
for
divided
use
into
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.
46. Donation is perfected from the moment
a) the donee accepts the donation.

b) the donor executes the deed of
donation.
c) the donor knows of the donees
acceptance even if the latter has
48. It is a conduct that may consist of giving,

doing, or not doing something.
a) Obligation
b) Juridical necessity
c) Prestation
d) Contract
not received the copy of the deed
49. It is
a juridical relation arising
of donation.
from lawful,
voluntary and unilateral acts
d) the donee confirms that the donor
based on the principle that no one should
has learned the formers acceptance.
unjustly enrich himself at the expense of

another.
47. The following are the elements of an

obligation, except:
a) Quasi-contract
b) Quasi-delict
a) Juridical/Legal Tie
c) Cotract
b) Active subject
d) Delict
c) Passive subject
d) Consideration
50. The following are the elements of quasidelict, except:
Page 140 of 180
a) Act or omission
54. It is an international evasion of the faithful
b) Fault/negligence
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 fortuitous

event, except:
a) default (mora)
b) mistake
a) Cause is independent of the will of

the debtor.
c) negligence (culpa)
d) breach through contravention of the
b)
The
event
is unforeseeable/unavoidable.
tenor thereof
c) Occurrence
52. This term refers to a delay on the part of
renders
it
absolutely
impossible for the debtor to fulfill his
both the debtor and creditor in reciprocal
obligation
obligations.
impossibility must be absolute not
a) Mora accipiendi
d) Debtor
c) Compensation morae
manner;
contributed
to
the
creditor.
53. The following are the requisites of mora

solvendi, except:
56. A debtor may still be held liable for loss or

damages even if it was caused by a
a) Obligation pertains to the debtor

determinate,
due,
demandable, and liquidated.

b) Obligation was performed on its
maturity date.
c) There is judicial or extrajudicial
demand by the creditor.
d) Failure of the debtor to comply with
such demand.
normal
aggravation of the injury to the
d) Solution indibiti
is
partial, otherwise not force majeure.
b) Mora solvendi
and
in
fortuitous event in any of the following

instances, except:
a) The debtor is guilty of dolo, malice
or bad faith, has promised the same
thing to two or more persons who do
not have the same interest.
b) The debtor contributed to the loss.
c) The
thing
generic.
to
be
delivered
is
Page 141 of 180
d) The
creditor
negligence
is guilty
or
contravened
delay
the
of fraud,
or
tenor
if
c) No, because a motion to dismiss is a

prohibited pleading.
he
of
the
d) Yes, because Fermin and Toti should
obligation.
also
pay
their
share
of
the
obligation.
57. Buko, Fermin and Toti bound themselves
solidarily to pay Ayee the amount of P
5,000.00.
Suppose
Buko
paid
the
59. Buko, Fermin and Toti are solidarily debtors

of
Ayee.
Twelve
(12)
years
after
the
obligation, what is his right as against his
obligation became due and demandable,
co-debtors?
Buko paid Ayee and later on asked for
a) Buko cas ask for reimbursement
reimbursement
of
Fermins
and
Totis
shares. Is Buko correct? Why?
from Fermin and Toti.

b) Buko can sue Fermin and Toti for
a) No, because the obligation has

already prescribed.
damages.
b) Yes,
c) Buko can sue for rescission.
because
the
obligation
is
solidary.
d) Buko can claim a refund from Ayee.
c) No, because in solidary obligation

any one of the solidary debtors can
58. Buko, Fermin and Toti bound themselves

solidarily
to
pay
Ayee
the
sum
of
pay the entire debt.
10,000.00. When the obligation became due
d) Yes, because Fermin and Toti will be
and demandable, Ayee sued Buko for the
unduly enriched at the expense of
payment of the P 10,000.00. Buko moved to
Buko.
dismiss on the ground that there was

failure to implead Fermin and Toti who are
60. Buko, Fermin and Toti are solidary
indispensable parties. Will the motion to
debtors
dismiss prosper? Why?
300,000.00 which has fallen due. The
a) Yes, because Fermin and Toti should

have
been
impleaded
as
their
because
the
loan
obligation
of
creditor has, however, condoned Fermins

entire share in the debt. Since Toti has
become insolvent, the creditor makes a
obligation is solidary.
b) No,
under
creditor
may
proceed against any one of the

solidary debtors or some or all of
them simultaneously.
demand on Buko to pay the debt. How

much, if any, may Buko be compelled to
pay?
a) P 200.000.00
b) P 300,000.00
c) P 100,000.00
Page 142 of 180
c) That the two (2) debts are not yet

due.
d) P 150,000.00
61. Dina bought a car from Jai and delivered a

check in payment of the same. Has Dina
paid the obligation? Why?
a) No,
not
yet.
promissory
The
notes
delivery
of
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
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,
and also of the same quality if the
latter has been stated.
d) That they be liquidated and

demandable.

correct?
a) All contracts are perfected by mere
consent.
b) All
contracts
are
perfected
by
delivery of the object.

c) All contracts are required to be in
writing.
d) All contracts are required to have
a valid consideration.
64. It is a principle which holds that parties are

bound not only by what has been expressly
provided for in the contract but also to the
natural consequences that flow out of such
agreement.
a) Obligatory force of contracts
b) Mutuality of contracts
c) Autonomy of contracts
d) Relativity of contracts
65. It is a principle which holds that contracts

must be binding to both parties and its
validity and effectivity can never be left to
the will of one of the parties.
66. It refers to
is binding
the rule that a contract

not
only between
Page 143 of 180
parties but extends to the heirs, successors
b)
in interest, and assignees of the parties,
offeree.
provided
c)
that
the
contract
involved
transmissible rights by their nature, or by

stipulation or by law.
Acceptance of the offer by the
Qualified/conditional acceptance of
the offer, which becomes counter-offer.

d)
Subject
matter
illegal/impossible
communicated.
before
becomes
acceptance
is

correct?
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,
a)
Offers in interrelated contracts are
perfected upon consent.

b)
Offers
in
interrelated
contracts
require a single acceptance.
public order or public policy.
advertisements
c) Business
are definite
specific acceptance.
d) Advertisements
are only
offers
that
require
for
invitations
Bidders
to
make
proposals and the advertiser is

not
68. The following are the ways by which

innominate
contracts
contracts and delicts
71.
unless it
The
following
are solemn
writing), except:
a) Donations of real estate or of
analogous nominate contracts.
movables
d) By the customs of the place.

69. An offer becomes ineffective on any of the
following grounds, except:
civil
the
contracts (Contracts which must appear in
c) By the rules governing the most
a) Death,
accept
appears otherwise.
regulated, except:
b) By the general principles of quasi-
to
highest/lowest bidder,
are
a) By the stipulation of the parties.
bound
interdiction,
insanity/insolvency of either party

before acceptance is conveyed.
if
the
value
exceeds P 5,000.00.
b)
Stipulation to pay interest in loans.
c)
Sale
of
land
through
(authority must be in writing).
an
agent
Page 144 of 180
d) Construction contract of a 74. 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
by more than of value of property.
contracts, except:
are
c) Contracts where fraud is
a) Pactum commissorium
committed on
b) Pactum de non alienando
creditor (accion
pauliana).
c) Pactum leonina
d) Contracts entered into by
d) Pacto de retro
void
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
person in good faith.
supervision, instruction or custody shall be:

a) Joint and subsidiary
b) Principal and solidary
Page 145 of 180
a) pure
c) Principal and joint

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
82. An obligation which is based on equity and

natural law is known as:
consent from the owner, Mr. Lacas.

b) quasi-contract
c) civil
d) natural
b) valid because all of the essential

requisites of a contract are present.
c) unenforceable
because
Michael
Fermin had no authority but he

83. Consent was given by one in representation
of another but without authority. The
contract is:
a) voidable
sold the car in the name of Mr.

Lacas, the owner.
d) rescissible
because
the
contract
caused lesion to Atty. Buko.
b) rescissible
c) void
d) unenforceable
84. Michael Fermin, without the authority of
85. Which of the following contracts is void?
a) An oral sale of a parcel of land.

b) A sale of land by an agent in a
Pascual Lacas, owner of a car, sold the
public
same car in the name of Mr. Lacas to Atty.
authority from the principal is
Buko. The contract between Atty. Buko and

Mr. Lacas is --a) void because of the absence of
instrument
where
his
oral.
c) A donation of a wrist watch worth P
4,500.00.
Page 146 of 180
d) A relatively simulated contract
for fulfillment of the obligation even

if he has not tendered payment of
86. Which of the following expresses a correct

principle of law? Choose the best answer.
the purchase price.

c)
a) Failure to disclose facts when there
The contract between the parties is
rescissible.
is a duty to reveal them, does not
d)
constitute fraud.
is subject to ratification by the parties.
The contract between the parties
b) Violence or intimidation does not

render
contract
annullable
if
employed not by a contracting party

but by a third person.

wrong?
a) Creditors are protected in cases of
c) A threat to enforce ones claim

through competent authority, if the
claim is legal or just, does not vitiate
consent.
contracts intended to defraud them.

b) Contracts take effect only between
the parties, their assign and heirs,
except in case where the rights and
d) Absolute simulation of a contract

always results in a void contract.
obligations arising from the contract

are
not
transmissible
by
their
nature, or by stipulation or by
87. Aligada orally offered to sell his two-hectare
rice land to Balane for P 10Million. The
provision of law.
c) If a contract should contain some
offer was orally accepted. By agreement, the
stipulation
land was to be delivered (through execution
person,
of a notarized Deed of Sale) and the price
fulfillment
was to be paid exactly one-month from
communicated his acceptance to the
their oral agreement. Which statement is
obligor before its revocation.
most accurate?
on the agreed date despite payment

Balane,
he
favor
may
of
third
demand
its
provided
he
d) In contracts creating real rights,
a) If Aligada refuses to deliver the land
by
in
the
latter
may
not
successfully sue Aligada because

the contract is oral.
b) If Aligada refused to deliver the land,
Balane may successfully sue
third
persons
who
come
into
possession of the object of the

contract are not bound thereby.

the statement Any third person who
induces another to violate his contract:
Page 147 of 180
a) shall be liable for damages only if he

is a party to the same contract.
b) shall be liable for damages to the
93. The
attestation
clause
contains
the
following, except:
a) the number of pages used;
other contracting party.
b) that the testator signed or caused
c) shall not be liable for damages to
another to sign the will and every
the other contracting party.
page thereof in the presence of the
d) shall not be liable for damages if the
instrumental witnesses;
parties are in pari delicto.
c) notary public;
d) the
90. The requisites of succession are as follows,

except:
instrumental
witnesses
witnessed and signed the will and
a) Death of decedent
all the pages thereof in the presence
b) Transmissible estate
of the testator and one another.
c) Existence and capacity of successor,

designated by decedent or law
d) Payment of Taxes
94. The following are the formalities required in

the execution of holographic will, except:
a) Entirely written;
b) Dated;
91. The characteristics of succession are as
c) Signed by testator himself
follows, except:
d) Notarized by a notary public.
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.
95. The
following
are
the
grounds
for
disallowance of wills, except:

a) The formalities required by law have
not been complied with.
b) The testator was insane or mentally
incapable of making will.
c) The will was executed through force
92. The following rights are extinguished by

death, except:
a) Legal support
b) Parental authority
c) Right to inherit
d) Agency
or under duress, or influence of fear

or threats.
d) The will contains an attestation
clause.
Page 148 of 180
96. It is the omission in the testators will of
consideration, which gives him the right to
one, some or all of the compulsory heirs in
buy
direct line, whether living at the time of
property, from another person, at anytime
execution of the will or born after the death
within the agreed period, at a fixed price.
of the testator. What principle is being
What contract is being referred to?
referred to?
certain
merchandise
or
specified
a) Option Contract
a) reserva troncal
b) Contract to Sell
b) preterition
c) Contract of Sale
c) fideicommissary
d) Lease
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
100.
Which of the following contracts of
sale is void?
a) Sale of EGMs car by KRP, EGMs
other person shall be void. Here, both the
agent,
condition and the disposition are void.
reduced into writing.
What principle is being referred to?
whose
is
not
b) Sale of EGMs piece of land by
a) reserva troncal
KRP,
b) preterition
authority
c) fideicommissary
writing.
d) disposicion captatoria
authority
EGMs
is
agent,
not
whose
reduced
into
c) Sale of EGMs car by KRP, a person

stranger to EGM, without

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:
EGMs consent or authority.

d) Sale of EGMs piece of land by
KRP, a person stranger to EGM,
without EGMs consent or authority.
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.
99. A contract granting a privilege to a
person,
for which he has paid a
2011 Taxation Law Exam

MCQ (November 13, 2011)
(1)When does a declaration of absence of a
missing person take effect?
(A) Immediately from the issuance of
the declaration of absence.
Page 149 of 180
(B) 3 months after the publication of

accepted the substitution. Later, however,

the new debtor became insolvent and
(C) 6 months after the publication of
defaulted in his obligation. What is the

effect of the new debtors default upon the

(D) 15 days from the issuance of the
declaration of absence.
original debtor?
(A) The original debtor is freed of
liability since novation took place
(2) The authority that school administrators
and
exercise over school children under their

supervision,
instruction,
or
custody
is
called
his
(B) The original debtor shall pay or
(C) The original debtor remains liable

since he gave no consent to the
(D) special parental authority.
substitution.
(3) Can future inheritance be the subject of a
(D) The original debtor shall pay or

perform 50% of the obligation to
contract of sale?
avoid unjust enrichment on his
(A) No, since it will put the predecessor
part.
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.
seller
of
to the new debtor.
(C) ordinary parental authority.
the
him
perform the obligation with recourse
(B) substitute parental authority.
since
relieved
obligation.
(A) legal parental authority.
(C) No,
this
owns
no
inheritance while his predecessor

lives.
(5) Lennie bought a business class ticket from

Alta Airlines. As she checked in, the
manager downgraded her to economy on
the ground that a Congressman had to be
accommodated
Lennie
in
suffered
the
the
business
class.
discomfort
and
(D) Yes, but on the condition that the
embarrassment of the downgrade. She sued
amount of the inheritance can only
the airlines for quasi-delict but Alta Airlines
be ascertained after the obligations
countered
of the estate have been paid.
governed by a contract between them, no
(4) Upon the proposal of a third person, a new

debtor
substituted
the
original
debtor
without the latters consent. The creditor
that,
since
quasi-delict could arise.
her
travel
Is the
was
airline
correct?
(A) No, the breach of contract may in
fact be tortious as when it is
tainted as in this case with
Page 150 of 180
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
contractual
of
relation
pre-existing
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
of
the
property.
(B) be
the
registered
owner
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
attack. Can Ys heirs get the property?
his
affection,
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
wedding, however, Y suddenly died of heart
the company of handsome boys. What legal

(A) No, since the marriage did not take
(A) She
place.
(B) Yes, since all the requisites of a
donation
remedy does Lily have?
of
an
immovable
are
present.
(C) No, since the donation and its
acceptance are not in a public
instrument.
(D) Yes, since X freely donated the
property to Y who became its owner.
can
file
an
action
for
annulment of marriage on ground

of fraud.
(B) She can seek a declaration of nullity
of the marriage based on
Renes psychological incapacity.
(C) She can go abroad and file for
divorce in a country that can grant
it.
(D) She has none since she had the
(8) Rene and Lily got married after a brief

courtship. After one month, Lily discovered
opportunity to examine the goods

and freely entered into the marriage.
that while Rene presented himself as a

macho man he was actually gay. He would
not go to bed with her. He kept obscene
magazines of nude men and always sought
(9) Lucio executed a simple deed of donation of

P50 million on time deposit with a bank in
favor of A, B, C, D, and E,
Page 151 of 180
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
Raffys
right
only
with
his
(A) Its cause comes from the guilt of

(D) No, since there was no impediment
a spouse in a legal separation
to Raul selling his inheritance to a
case, the innocent-spouse having
stranger.
died.
(B) The truth of its cause is denied and
(11)
When one exercises a right recognized
not sufficiently proved by evidence.
by law, knowing that he thereby causes an
(C) Its cause is not authorized by the
injustice to another, the latter is entitled to
law.
recover damages. This is known as the
(D) Its cause is not specified.
principle of
(A) res ipsa loquitur.
(13)
Manuel came to Manila and married
(B) damnum absque injuria.
Marianne. Unknown to Marianne, Manuel
(C) vicarious liability.
had been previously convicted in Palawan of
(D) abuse of rights.
theft and served time for it. After Marianne

learned of his previous conviction, she
(12)
Which of the following is NOT a basis
for rendering a disinheritance defective or
stopped living with him. Can Marianne seek

the annulment of the
imperfect?
Page 152 of 180
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
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
the divorce are all legitimate
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.
(C) The children born before and after
(16)
since Philippine law does not
industrial
recognize divorce.
contracts entered into in its name and for
(D) All the children are legitimate since

they were born of the same father
partners
for
partnership
its account, when all partnership assets

have been exhausted is
and mother.
(15)
The liability of the partners, including
(A) Pro-rata.
(B) Joint.
Who can make a donation?
(C) Solidary.
(A) All persons who can enter into
(D) Voluntary.
contracts and dispose of their

property.
(B) All persons who are of legal age and
suffer from no civil interdiction.
(C) All persons who can make a last will
and testament.
(D) All persons, whether natural or
artificial, who own property.
(17)
When can a missing person who left
someone to administer his property be

declared an absentee by the court? When
he has been missing for
(A) 2 years from the receipt of the last
news about him.
(B) 7 years from the receipt of the last
news about him.
Page 153 of 180
(C) 10 years from the receipt of the last

news about him.
(D) 5 years from the receipt of the
last news about him.
(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)
deed of absolute sale on behalf of his
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
given the agent. The agent executed the
claimed that it was exempt from execution,

principal two days after the principal died,
being a family home. Is this claim correct?

(A) Yes, because while Bs parents own
an event that neither the agent nor the
the land, they agreed to have their
buyer knew at the time of the sale. What is
daughter build her family home on
the standing of the sale?
it.
(A) Voidable.
(B) No, because there is no judicial
(B) Valid.
declaration that it is a family home.
(C) Void.
(C) No, since the land does not belong
(D) Unenforceable.
to A and B, it cannot qualify as a

(21)
family home.
Spouses A and B leased a piece of land
belonging to B's parents for 25 years. The
(D) Yes, because the A and Bs family
spouses built their house on it worth
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
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
their property relations. After 3 years, B
property
relations.
When
they
married, Aragon had an unpaid balance of
succeeded in getting her marriage to A
P50 million plus interest in Solomons favor.
annulled
To whom will Aragons monthly payments
psychological incapacity. What liquidation
go after the marriage?
procedure will they follow in disposing of
(A) The
principal
conjugal
shall
go
partnership
to
but
the
the
since
the
they
are
of
the
latters
(A) They will follow the rule governing

liquidation
of
conjugal
partnership of gains where the party
(B) Both principal and interests shall go

Solomon
ground
their assets?
interests to Solomon.
to
on
his
who acted in bad faith forfeits his
exclusive properties.
share in the net profits.
(C) Both principal and interests shall go
(B) Since
the
marriage
has
been
to the conjugal partnership since
declared
these
liquidation of absolute community of
become
due
after
the
marriage.
void,
the
rule
for
property shall be followed.
(D) The principal shall go to Solomon
(C) The liquidation of a co-ownership
but the interests to the conjugal
applies
partnership.
brought their property relation
since
the
annulment
under the chapter on property

(23)
X and Y, although not suffering from
regimes without marriage.
any impediment, cohabited as husband and

wife
without
the
benefit
of
Following the birth of their child, the couple

got married. A year after, however, the court
annulled the marriage and issued a decree
of annulment. What is the present status of
the child?
(A) Legitimated.
(B) Illegitimate.
(C) Natural child.
(D) Legitimate.
(D) The
marriage.
law
on
liquidation
of
partnerships applies.
(25)
X and Y agreed verbally before their
marriage
(a)
on
the
paternity
of
the
illegitimate child of Y and (b) on the

economic regime that will govern X and Ys
property relations. Is the verbal agreement
valid?
(A) No, because a marriage settlement
to be valid should be in writing.
Page 155 of 180
(B) Yes, since ante-nuptial agreements
(B) Illegitimate, because by the color of
need not be in writing.
its skin, the child could not possibly

be that of Fidel.
(C) No, because a marriage settlement

cannot include an agreement on the
(C) Legitimate, because the child was
paternity of an illegitimate child.
(26)
born within a valid marriage.
(D) Yes, since even if it is not a valid
(D) Legitimate, because Fidel agreed to
marriage settlement, it is a valid
treat the child as his own after
verbal contract.
Gloria told him who the father was.
Spouses X and Y have a minor
(28)
The husbands acts of forcibly ejecting
daughter, Z, who needs support for her
his wife without just cause from the
education.
conjugal dwelling and refusing to take her
Both
and
Y,
who
are
financially distressed, could not give the
back constitutes
needed support to Z. As it happens, Zs
(A) desertion.
other relatives are financially capable of
(B) recrimination.
giving that support. From whom may Z first
(C) constructive abandonment.
rightfully demand support? From her
(D) de facto separation.
(A) grandfather.
(29)
(B) brother.
In his will, the testator designated X as
(C) uncle.
a legatee to receive P2 million for the
(D) first cousin.
purpose of buying an ambulance that the

residents of his Barangay can use. What
(27)
Fidel, a Filipino with fair complexion,
kind of institution is this?
married Gloria. Before the marriage, Gloria
(A) a fideicomissary institution.
confessed to Fidel that she was two-month
(B) a modal institution.
pregnant with the child of a black African
(C) a conditional institution.
who had left the country for good. When
(D) a collective institution.
the child was born, Fidel could not accept it

being too black in complexion. What is the
X insured himself for P5 million,
designating
status of the child?

(A) Illegitimate,
(30)
because
Gloria
beneficiary.
Y,
his
The
wife,
as
his
designation
sole
was
confessed that the child is not
irrevocable. A few years later, X had their
Fidels.
marriage annulled in court on the ground

that Y had an existing prior marriage. X
Page 156 of 180
subsequently died, Is Y entitled to the

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
is
revoked by operation of law upon

the annulment of their marriage
based on Ys fault.
(D) Yes,
since
revocation,
Xs
without
judicial
designation
of
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.
(A) Marlon gets 1/4 and Cecilia gets
3/4.
(B) Marlon gets 2/3 and Cecilia 1/3.
(C) Marlon gets 1/2 and Cecilia gets

1/2.
(D) Marlon gets 3/4 and Cecilia 1/4.
(33)
Contracts take effect only between the
parties or their assigns and heirs, except

where the rights and obligations arising
from the contract are not transmissible by
their nature, by stipulation, or by provision
of law. In the latter case, the assigns or the
heirs are not bound by the contracts. This
is known as the principle of
(A) Relativity of contracts.
(B) Freedom to stipulate.
(C) Mutuality of contracts.
(D) Obligatory force of contracts.
(34)
A buyer ordered 5,000 apples from the
seller at P20 per apple. The seller delivered

6,000 apples. What are the rights and
obligations of the buyer?
(A) He can accept all 6,000 apples
and pay the seller at P20 per
apple.
(B) He can accept all 6,000 apples and
pay a lesser price for the 1,000
excess apples.
(C) He
can
keep
the
6,000
apples
without paying for the 1,000 excess

since
the
seller
delivered
them
anyway.
(D) He can cancel the whole transaction
since the seller violated the terms of
their agreement.
Page 157 of 180
(35)
Lino entered into a contract to sell with
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.
(37)
cans known as "Sards." Mylene bought a
Acme Cannery produced sardines in
can of Sards from a store, ate it, and
and Mylene has not overcome such

suffered
from
poisoning
caused
by
noxious substance found in the sardines.

Mylene filed a case for damages against
Acme. Which of the following defenses will
hold?
(A) The expiry date of the "Sards" was
clearly printed on its can, still the
store sold and Mylene bought it.
(B) Mylene
must
have
detected
the
noxious substance in the sardines

by smell, yet she still ate it.
(C) Acme
had
no
transaction
presumption.
a
(38)
Fernando executed a will, prohibiting
his wife Marina from remarrying after his

death, at the pain of the legacy of P100
Million in her favor becoming a nullity. But
a year after Fernandos death, Marina was
so overwhelmed with love that she married
another man. Is she entitled to the legacy,
the amount of which is well within the
capacity of the disposable free portion of
Fernandos estate?
with
(A) Yes, since the prohibition against
Mylene; she bought the "Sards" from
remarrying is absolute, it is deemed
a store, not directly from Acme.
not written.
(D) Acme enjoys the presumption of

safeness of its canning procedure
(B) Yes,
because
the
prohibition
is
inhuman and oppressive and
Page 158 of 180
violates Marinas rights as a free
(A) It is an ordinary donation since it
woman.
(C) No,
was not given to the bride or
because
the
nullity
of
the
groom.
prohibition also nullifies the legacy.

(D) No,
since
such
prohibition
(B) It is donation propter nuptias since
is
it was given with the marriage in
authorized by law and is not
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)
her parents.
X, the owner, constituted a 10-year
(D) It is a remunatory donation.
usufruct on his land as well as on the

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 destroyed
settlements.
law
governs
their
property relations?
through no fault of Y.
(A) They may choose between Spanish
(B) No, since Y still has the right to
law and Philippine law.
use the land and the materials
(B) Philippine law since they are both
left on it.
Filipinos.
(C) Yes, since Y cannot use the land
(C) No regime of property relations will
without the building.
apply to them.
(D) Yes, since the destruction of the

building
What
without
the
Xs
(D) Spanish law since they live in Spain.
fault
terminated the usufruct.

(42)
Birth determines personality. Death
In gratitude, the grooms parents made
extinguishes it. Under what circumstances
a donation of a property in writing to the
may the personality of a deceased person
brides
continue to exist?
(40)
parents
shortly
childrens
wedding.
The
accepted.
What
the
donation?
is
before
their
donation
was
nature
of
the
(A) In
case
of
re-appearance
of
missing person presumed dead.
Page 159 of 180
(B) In
protecting
the
works
of
deceased under intellectual property

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
willfully
caused
injury to his tenants contrary to

morals, good customs or public
policy.
(44)
Illegitimate
recognized by their father.
brothers
and
sisters,
whether of full or half-blood, are bound to

support each other, EXCEPT when
(A) the brother or sister who needs
support lives in another place.
(B) such brothers and sisters are not
"attractive nuisance". Is Virgilio liable for

(C) the brother or sister in need stops
schooling without valid reason.
(D) the need for support of a brother
or sister, already of age, is due to
the latter's fault.
the death of MB?

(A) No, the child was 7 years old and
knew the dangers that the pool
offered.
(B) Yes, being an attractive nuisance,
Virgilio had the duty to prevent
children from coming near it.
(45)
Virgilio owned a bare and simple
swimming pool in his garden. MB, a 7-year

old child, surreptitiously entered the garden
and merrily romped around the ledges of
(C) No, since the pool was bare and

had
no
enticing
or
alluring
gadgets, floats, or devices in it
the pool. He accidentally tripped, fell into
that would attract a 7-year old
the pool, and drowned. MBs parents sued
child.
Virgilio for damages arising from their

childs death, premised on the principle of
(D) Yes, since Virgilio did not cover the

swimming pool while not in use to
prevent children from falling into it.
Page 160 of 180
(59)
The term of a 5-year lease contract
(D) Yes, the donation is not deemed
between X the lessor and Y the lessee,
made until the suspensive condition
where rents were paid from month to
has been fulfilled.
month, came to an end. Still, Y continued

using the property with Xs consent. In
(48)
Illegitimate
children,
those
not
such a case, it is understood that they
recognized by their biological fathers, shall
impliedly renewed the lease
use the surname of their

(A) biological
(A) from month to month under the
the
same
terms
(C) mother.
(C) under the same terms except the
(D) biological father unless he judicially
rent which they or the court must
opposes it.
fix.
control law.
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
Asiong borrowed P1 million from a
bank, secured by a mortgage on his land.
(A) Yes, since the donation is subject

to a resolutory condition which
(B) No, but Rex is entitled to recover the

land
from
the
municipality.
(C) No, the transfer of ownership has
been completed.
the payment, can Boyong compel the bank

to subrogate him in its right as mortgagee
of Asiong's land?
(A) No, but the bank can foreclose and
pay Boyong back.
Asiongs
loan
without
his
approval.
(C) Yes, since a change of creditor took
was not fulfilled.
the
the whole loan. Since Asiong benefited from
(B) No, since Boyong paid for
years. Can Rex revoke the donation?
of
(49)
Without his consent, his friend Boyong paid
(60)Rex, a philanthropist, donated a valuable lot
value
no
mothers discretion.
conditions as before.
by 10% pursuant to the rental
to
(B) mother or biological father, at the
and
(D) for only a year, with the rent raised
subject
condition.
same conditions as to the rest.

(B) under
father
place by novation with the banks

consent.
(D) Yes, since it is but right that Boyong
be able to get back his money and, if
not, to foreclose the mortgage in the
manner of the bank.
Page 161 of 180
(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
Rodrigo
borrowed
and
Fernando
P1
million
who
from
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
whole obligation.
Rodrigo,
the
other
solidary creditor, already made a

prior demand for payment from
Rudolf.
(C) Yes, since the payment covers the
its regimes shall now be governed by

the regime of absolute community of
(D) Yes, since Fernando was a solidary

creditor,
payment
to
property.
him
(D) They are superseded by the Family
extinguished the obligation.
Code which has retroactive 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 are

immutable and remain effective.
(B) Those
enjoying
specific
regimes
under the New Civil Code may adopt

the regime of absolute community of
property under the Family Code.
(C) Those that married under the New
Civil Code but did not choose any of
The only testamentary disposition in the

will is the recognition of the testator's
illegitimate child with a popular actress. Is
the will valid?
(A) Yes,
since
in
recognizing
his
illegitimate child, the testator has

made him his heir.
(B) No, because the non-designation of
heirs defeats the purpose of a will.
Page 162 of 180
(C) No, the will comes to life only when
(C) Voidable, because the Judge acted
the proper heirs are instituted.

(D) Yes,
the
recognition
illegitimate
heir
is
an
of
beyond his territorial jurisdiction

and is administratively liable for the
an
same.
ample
(D) Void, because the Judge did not
reason for a will.
solemnize the marriage within the

(54)
premises of his court.
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
(56)
X and Y, Filipinos, got married in Los
As death, B gave birth to a child, claiming
Angeles, USA, using a marriage license
it is As child. Who can assail the legitimacy
issued by the Philippine consul in Los
of the child?
Angeles, acting as Civil Registrar. X and Y
(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.
because their mothers, who were sisters,

were
separated
when
they
were
quite
young. Since X did not want to continue

with the relation when he heard of it, he left
Y, came to the Philippines and married Z.
(D) No one since A died.
(55)
did not know that they were first cousins
Can X be held liable for bigamy?
QR and TS who had a marriage license
requested a newly appointed Judge in

Manila to marry them on the beach of
(A) No since Xs marriage to Y is void ab

initio or did not exist.
(B) No since X acted in good faith,
maintained
conscious that public policy did not
Boracay as his residence, he agreed. The
approve of marriage between first
Boracay.
Since
the
Judge
sponsors were all public officials. What is

the status of the marriage.
(A) Valid, since the improper venue is
cousins.
(C) Yes since he married Z without
first
securing
merely an irregularity; all the
declaration
elements of a valid marriage are
marriage to Y.
present.
(B) Void, because the couple did not get
local permit for a beach wedding.
of
a
nullity
judicial
of
his
(D) Yes since his first marriage to Y in

Los Angeles is valid.
(57) Allan
through
bought
Billys
property
Carlos, an agent empowered with a special
power of attorney (SPA) to sell the same.
Page 163 of 180
deteriorate.
When Allan was ready to pay as scheduled,

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
allowed
character
rescission
since,
of
consumables,
is
having
the
movables
and
rice
can
easily
precedent. Is the dismissal proper?

(B) No,
the
buyer is
entitled to
(A) No, efforts at a compromise will only
deepen the wifes anguish.
customary 30-day extension of his
(B) No, since legal separation like
obligation to take delivery of the
validity of marriage is not subject
goods.
to
(C) No, since there was no express

agreement
regarding
agreement
for
purposes of filing.
automatic
rescission.
(C) Yes, to avoid a family feud that is

hurtful to everyone.
(D) No, the seller should first determine

that Y was not justified in failing to
(D) Yes, since the dispute could have
appear.
(59)
compromise
been
settled
with
the
parties
agreeing to legal separation.
The wife filed a case of legal separation
against her husband on the ground of

sexual infidelity
(60)
An Australian living in the Philippines
without previously exerting earnest efforts
acquired shares of stock worth P10 million
to come to a compromise with him. The
in food manufacturing companies. He died
judge dismissed the case for having been
in Manila, leaving a legal wife and a child in
filed without complying with a condition
Australia and a live-in partner with whom
Page 164 of 180
he had two children in Manila. He also left

a will, done according to Philippine laws,
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
(C) Yes, since X bought the land and
the
verbal
agreement has already elapsed.

(B) No, since the sale cannot under the
Statute of Frauds be enforced.
paid Y for it.
over the intestate proceedings to

a new administrator whom it will
(D) Yes, after full payment, the action
appoint.
became imprescriptible.
(C) Cicero
(62)
automatically
administrator
A court declared Ricardo, an old
of
becomes
Ricardos
estate
until judicially relieved.
bachelor, an absentee and appointed Cicero

administrator of his property. After a year, it
(D) Ciceros
alienations
of
Ricardo's
property will be set aside.
was discovered that Ricardo had died

abroad. What is the effect of the fact of his
death
on
the
administration
of
his
property?
(63)
Baldo, a rejected suitor, intimidated
Judy into marrying him. While she wanted
(A) With Ricardo no longer an absentee
to question the validity of their marriage
but a deceased person, Cicero will
two years after the intimidation ceased,
cease to be administrator of his
Judy decided in the meantime to freely
properties.
cohabit with Baldo. After more than 5 years
(B) The administration shall be given

by the court having jurisdiction
following their wedding, Judy wants to file a

case for annulment of marriage against
Page 165 of 180
Baldo on ground of lack of consent. Will her

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
marriage
was

(D) Yes,
because
the
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
support
is
the
not
right
to
subject
receive
to
any
condition.
(65)
where the decedent is legitimate, who is the
In the order of intestate succession
last intestate heirs or heir who will inherit if
liability of Roy and Carlos joint or solidary?

(A) Neither solidary nor joint since they
all heirs in the higher level are disqualified
cannot
or unable to inherit?
waive
the
defense
of
(A) Nephews and nieces.
fortuitous event to which they are
(B) Brothers and sisters.
entitled.
(B) Solidary or joint upon the discretion
(C) State.
of Sam.
(D) Other collateral relatives up to the
(C) Solidary since Roy and Carlos failed
5th degree of consanguinity.
to perform their obligation to deliver

(66)
the motor boat.
Roy and Carlos both undertook a
(D) Joint
contract to deliver to Sam in Manila a boat
since
the
conversion
of
docked in Subic. Before they could deliver
their liability to one of indemnity
it, however, the boat sank in a storm. The
for damages made it joint.
contract provides that fortuitous event shall

not exempt Roy and Carlos from their
(67)
Joanne married James, a person with
obligation. Owing to the loss of the motor
no known relatives. Through James' hard
boat, such obligation is deemed converted
work, he and his wife Joane prospered.
into one of indemnity for damages. Is the
When
James died, his estate alone
Page 166 of 180
amounted to P100 million. If, in his will,
(70)
Ric and Josie, Filipinos, have been
James designates Joanne as his only heir,
sweethearts for 5 years. While working in a
what will be the free portion of his estate.
European country where the execution of
(A) Joanne gets all; estate has no free

portion left.
joint wills are allowed, the two of them

executed a joint holographic will where they
(B) Joanne gets 1/2; the other half is

free portion.
named each other as sole heir of the other

in case either of them dies. Unfortunately,
(C) Joanne gets 1/3; the remaining 2/3
Ric died a year later. Can Josie have the

joint will successfully probated in the
is free portion.
(D) Joanne gets 1/4; the remaining 3/4
Philippines?
is free portion.
(A) Yes, in the highest interest of comity

of nations and to honor the wishes
(68)
of the deceased.
A warranty inherent in a contract of
sale, whether or not mentioned in it, is
(B) No, since Philippine law prohibits
known as the
the execution of joint wills and
(A) warranty on quality.
such law is binding on Ric and
(B) warranty against hidden defects.
Josie even abroad.
(C) warranty against eviction.
(C) Yes, since they executed their joint
(D) warranty in merchantability.
(69)
will out of mutual love and care,

values that the generally accepted
The doctrine of stare decisis prescribes
adherence
to
precedents
in
order
principles
to
where it was executed, applying the
(A) When adherence to it would result
principle of "lex loci celebrationis."
in the Governments loss of its case.
foreign national.
(C) When necessary to promote the
passage of a new law.
(D) When the precedent has ceased to
be beneficial and useful.
law
(D) Yes, since it is valid in the country
doctrine can be abandoned
would cause great prejudice to a
international
accepts.
promote the stability of the law. But the
(B) When the application of the doctrine
of
(71)
ML inherited from his father P5 million
in legitime but he waived it in a public

instrument in favor of his sister QY who
accepted the waiver in writing. But as it
happened, ML borrowed P6 million from PF
before the waiver. PF objected to the waiver
and filed an action for its rescission on the
ground that he had the right to MLs P5

Page 167 of 180
million legitime as partial settlement of
(B) Yes,
insofar
as
what ML owed him since ML has proved to
acknowledged
be insolvent. Does PF, as creditor, have the
illegitimate child.
right to rescind the waiver?
his
take place.
his sister QY amounts to a donation
(D) Yes, if they acquired properties while
and she already accepted it.

because
as
(C) None, since the marriage did not
(A) No, because the waiver in favor of
(B) Yes,
Mary
Arnold
the
living together as husband and wife.
waiver
is
(73)
Joseph, a 17-year old Filipino, married
prejudicial to the interest of a
Jenny, a 21-year old American in Illinois,
third person whose interest is
USA, where the marriage was valid. Their
recognized by law.
parents gave full consent to the marriage of
(C) No, PF must wait for ML to become
their children. After three years, Joseph
solvent and, thereafter, sue him for
filed a petition in the USA to promptly
the unpaid loan.
divorce Jenny and this was granted. When
(D) Yes, because a legitime cannot be
Joseph turned 25 years, he returned to the
waived in favor of a specific heir; it
Philippines and married Leonora. What is
must be divided among all the other
the status of this second marriage?

(A) Void, because he did not cause
heirs.
the
(72)
While engaged to be married, Arnold
and
Josephine
agreed
in
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
take place. Does the marriage settlement

have any significance?
since
the
instrument
containing the marriage settlement

is essentially void for containing an
unrelated matter.
issuance
of
declaration of the nullity of his

first marriage to Jenny before
marrying Leonora.
(B) Valid, because Joseph's marriage to
Jenny is void, he being only 17
years of age when he married her.
Josephine died before the marriage could
(A) None,
judicial
(C) Valid,
because
his
marriage
to
Leonora has all the elements of a

valid marriage.
(D) Void,
because
Joseph
is
still
considered married to Jenny since

the Philippines does not recognize
divorce.
Page 168 of 180
(74)
T died intestate, leaving an estate of
(76)
X,
who was
abroad,
phoned
his
P9,000,000. He left as heirs three legitimate
brother, Y, authorizing him to sell Xs parcel
children, namely, A, B, and C. A has two
of land in Pasay. X sent the title to Y by
children, D and E. Before he died, A
courier service. Acting for his brother, Y
irrevocably repudiated his inheritance from
executed a notarized deed of absolute sale
T in a public instrument filed with the
of the land to Z after receiving payment.
court. How much, if any, will D and E, as
What is the status of the sale?
As children, get from Ts estate?
(A) Valid, since a notarized deed of
(A) Each of D and E will get P1,500,000
absolute
covered
the
by right of representation since their
transaction and full payment was
father repudiated his inheritance.
made.
(B) Each of D and E will get P2,225,000
(75)
sale
(B) Void,
since
should
have
because they will inherit from the
authorized agent Y in writing to
estate equally with B and C.
sell the land.
(C) D and E will get none because of
(C) Valid, since Y was truly his brother
the repudiation; "B" and "C" will
Xs agent and entrusted with the
get As share by right of accretion.
title needed to effect the sale.
(D) Each of D and E will get P2,000,000
(D) Valid, since the buyer could file an
because the law gives them some
action to compel X to execute a deed
advantage due to the demise of "A".
of sale.
No decree of legal separation can be
(77)
In a true pacto de retro sale, the title
and ownership of the property sold are
issued
(A) unless
the
childrens
welfare
is
subject only to the resolutory condition of
attended to first.
(B) without
prior
efforts
at
reconciliation shown to be futile.

(C) unless
the
court
immediately vested in the vendee a retro
first
repurchase by the vendor a retro within the

stipulated period. This is known as
(A) equitable mortgage.
directs
(B) conventional redemption.
mediation of the parties.

(D) without
prior
(C) legal redemption.
investigation
(D) equity of redemption.
conducted by a public prosecutor.

(78)
A natural obligation under the New
Civil Code of the Philippines is one which
Page 169 of 180
courts authorization.
(A) the obligor has a moral 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
administration
of
the
assumed
familys
sole
mango
plantation since his wife worked abroad.

Subsequently, without his wifes knowledge,
the husband entered into an antichretic
transaction
with
company,
possession
and
management
giving
of
it
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 only
upon the wifes acceptance or the
(81)
(80)
When
donations
October 1, 2011 but failed to pay her on
without reserving sufficient funds for his
due date. Bessy sent a demand letter to
support
Anne giving her 5 days from receipt within
or
the
donor
for
the
gives
Anne owed Bessy P1 million due on
support
of
his
dependents, his donations are

(A) Rescissible,
since
it
which to pay. Two days after receipt of the

results
in
letter, Anne personally offered to pay Bessy
economic lesion of more than 25%
in manager's check but the latter refused to
of the value of his properties.
accept the same. The 5 days lapsed. May
(B) Voidable, since his consent to the

donation is vitiated by mindless
kindness.
expenditure beyond his means.
donations impaired the support
dependents.
be
considered
extinguished?
himself
and
managers check, which is presumed

funded, amounts to a satisfaction of
(D) Reducible to the extent that the
to
obligation
(A) Yes, since Bessys refusal of the
(C) Void, since it amounts to wanton
due
Annes
his
the obligation.
(B) No, since tender of payment even
in
cash,
if
refused,
will
not
discharge the obligation without

proper consignation in court.
Page 170 of 180
(C) Yes, since Anne tendered payment of

the full amount due.
legal
The owner of a thing cannot use it in a
way that will injure the right of a third
(D) No, since a managers check is not

considered
(83)
tender
in
the
Philippines.
person. Thus, every building or land is

subject to the easement which prohibits its
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
owners,
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
publicly,
peacefully,
(A) No, the residents have not been in
Jennifer
and
Laura,
Jennifers
to a compromise with the defendants and
continuous possession of the land
that
since they merely passed through
dismissed the complaint outright for failure
it in going to the highway.
to comply with a condition precedent. Is the
(B) No, the owner did not abandon his
such
efforts
failed.
The
judge
dismissal in order?
right to the property; he merely
(A) No, since Laura is a stranger to
tolerated his neighbors use of it for
the sisters, Janice has no moral
passage.
obligation to settle with her.
(C) Yes, residents of the subdivision
(B) Yes, since court should promote
have become owners by acquisitive
amicable
prescription.
relatives.
settlement
among
by
(C) Yes, since members of the same
prescription prevails over private
family, as parties to the suit, are
claims.
required to exert earnest efforts to
(D) Yes,
community
ownership
settle their disputes before coming
to court.
Page 171 of 180
(D) No, the family council, which would

ordinarily mediate the dispute, has
(87)
When does the regime of conjugal
partnership of gains begin to exist?
been eliminated under the Family
(A) At the moment the parties take
Code.
and
declare
husband
(85)
X borrowed money from a bank,
wife
as
before
(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, did
their marital relationship.
not give his consent to Ys offer to
(D) On the date agreed upon by the
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
payment of the obligation.
and
other
officiating officer.
secured by a mortgage on the land of Y, his
collateral, has an interest in the
each
(88)
Josie, 18, married Dante, 25, without
her parents knowledge and consent, and
(D) Yes, since it was X who has an

obligation to the bank.
lived with him. After a year, Josie returned

to her parents home, complained of the
unbearable battering she was getting from
(86)
The right of a mortgagor in a judicial
foreclosure
property
to
after
performance
mortgage
of
but
redeem
the
mortgaged
his
default
the
conditions
before
the
sale
in
the
of
the
of
the
Dante, and expressed a desire to have her

marriage with him annulled. Who may
bring the action?
(A) Dante.
(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?
Page 172 of 180
(A) Yes, since his parents are now
(D) Yes, as long as they leave sufficient
lawfully married.
property for themselves and for their

dependents.
(B) Yes, since he is an innocent 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 child
gave Y legacy of P1 million but the will
shall always remain illegitimate.
provided that this legacy is to be set off
(D) No, since his parents were not
against the P1.5 million X owed Y. After the
qualified
to
marry
each
other
when he was conceived.
set off, X still owed Y P500,000. Can Y still

collect this amount?
(A) Yes, because the designation of Y
(90)
as legatee created a new and
The presence of a vice of consent
vitiates the consent of a party in a contract
separate
and this renders the contract
between them, that of testator-
(A) Rescissible.
juridical
relationship
legatee.
(B) Unenforceable.
(B) It depends upon the discretion of
(C) Voidable.
the probate court if a claim is filed
(D) Void.
in the testate proceedings.

(C) No, because the intention of the
(91)
Can
properties
common-law
spouses
donate
testator in giving the legacy is to
of substantial value to one
abrogate his entire obligation to Y.
another?
(D) No, because X had no instruction in
(A) No, they are only allowed to give

moderate
gifts
to
each
his will to deliver more than the
other
legacy of P1 million to Y.
during family rejoicing.

(B) No, they cannot give anything of
value
to
each
other
to
(93)
Josie owned a lot worth P5 million
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.

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?
(C) Yes,
unlike
the
case
of
Page 173 of 180
(A) Josie and the conjugal partnership
(C) When
fortuitous
circumstances
of gains will own both on a 50-50
prevented the plaintiff from filing
basis.
the case sooner.
(B) Josie will own both since the

value
of
the
house
and
(D) When the plaintiff is in possession

of the property.
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
(95)
applied for a marriage license, making it

appear that they were over 25. They
married without their parents knowledge
before an unsuspecting judge. After the
couple has been in cohabitation for 6 years,
Lindas parents filed an action to annul the
marriage on ground of lack of parental
consent. Will the case prosper?
(A) No, since only the couple can
value of the lot.
(94)
An
action
for
Conrad and Linda, both 20 years old,
question
reconveyance
of
the
validity
of
their
marriage after they became 21 of
registered piece of land may be brought
age;
their
cohabitation
against the owner appearing on the title
convalidated the marriage.
also
based on a claim that the latter merely
(B) No, since Lindas parents made no
holds such title in trust for the plaintiff.
allegations that earnest efforts have
The action prescribes, however, within 10
been made to come to a compromise
years from the registration of the deed or
with Conrad and Linda and which
the date of the issuance of the certificate of
efforts failed.
title of the property as long as the trust had
(C) Yes, since the marriage is voidable,
not been repudiated. What is the exception
the couple being below 21 years of
to this 10-year prescriptive period?
age when they married.
(A) When the plaintiff had no notice of
(D) Yes, since Lindas parents never gave

their consent to the marriage.
the deed or the issuance of the

certificate of title.
(B) When the title holder concealed the
matter from the plaintiff.
(96)
Pepito executed a will that he and 3
attesting witnesses signed following the
formalities of law, except that the Notary
Public failed to come. Two days later, the
Page 174 of 180
Notary Public notarized the will in his law
(B) Separate
since
their
property
office where all signatories to the will
relations with their legal spouses
acknowledged that the testator signed the
are still subsisting.
will in the presence of the witnesses and
(C) Co-ownership since they agreed to
that the latter themselves signed the will in
work for their mutual benefit.
the presence of the testator and of one
(D) Communal since they earned the
another. Was the will validly notarized?
same as common-law spouses.
(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
(98)
an action for revocation of a donation based

on acts of ingratitude of the donee?
(A) 5 years from the perfection of the
the
donation.
signatories acknowledged the acts
(B) 1 year from the perfection of the
required of them in relation to
donation.
the will.
(C) 4 years from the perfection of the
(C) Yes, but the defect in the mere
donation.
notarization of the will is not fatal to
(D) Such action does not prescribe.
its execution.
(D) No, since the notary public did not
require the signatories to sign their
respective attestations again.
(97)
spouses since both have been married to

other persons from whom they had been
in
Hardworking
fact
and
for
several
years.
bright,
each
earned
incomes from their respective professions

and enterprises. What is the nature of their
since
they
earned
the
same while living as husband and

wife.
Before
Karen
married
Karl,
she
inherited P5 million from her deceased
marriage. She later used part of the money

to buy a new Mercedes Benz in her name,
which Karen and her husband used as a
family car. Is the car a conjugal or Karens
exclusive property?
(A) It is conjugal property since the
spouses use it as a family car.
(B) It is Karens exclusive property since
incomes?
(A) Conjugal
(99)
mother which amount she brought into the
Venecio and Ester lived as common-law
separated
What is the prescriptive period for filing
it is in her name.
(C) It is conjugal property having been
bought during the marriage.
Page 175 of 180
(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
resulting to injuries to some lessees. Who
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
stairway eventually gave way and collapsed,
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

or architect who drew up the plans and
SUGGESTED ANSWER:
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
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.
or engineer under Article 2192, NCC.
Consequently,
under
Article
the
structure
the
same
should
Page 176 of 180
defects in the construction plans or

specifications.
ALTERNATIVE ANSWER:
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
problem are clearly those resulting from
No. 4. None of the above.

(B) O, owner of Lot A, learning that
Japanese soldiers may have buried gold
and other treasures at the adjoining vacant
Lot B belonging to spouses X & Y, excavated
The general rule is that the treasure

shall belong to the spouses X and Y, the
owner of Lot B. Under Article 438 (NCC),
in Lot B where she succeeded in unearthing
the exception is that when the discovery
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-
(1). 100% to O as finder
half thereof shall belong to the owner of

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
(3). 50% to O and 50% to the state

(4). None of the above.
of the
treasure was
not
by
chance because O knew that the treasure

was in Lot B. While a trespasser is also
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
Page 177 of 180
acceptance by the donees father alone
share because the finding was not by

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.
No. 2 and No.4 are both false. The
(D) A executed a 5-page notarial will before a

or
mother
alone,
even
in
public
document, is not sufficient because the
notary public and three witnesses. All of them

signed each and every page of the will.
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

authorized person with a special power of
attorney for the purpose; otherwise, the
donation shall be void.
No.3 is also false. B cannot accept the

donation anytime at his convenience.
(1). The will is invalidated

(2). The will is valid and effective
(3). The legacy given to Bs child is not valid
SUGGESTED ANSWER:
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
Page 178 of 180
attesting witness to the will. However,

the said legacy is void under Article 823
NCC.
ALTERNATIVE ANSWER:
(D). all the above
(2). A deposit made in compliance with a
ALTERNATIVE ANSWER:
legal obligation is:
No. 2 .The will is valid and effective.

(A). an extrajudicial deposit;
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.
(B). a voluntary deposit;

(C). a necessary deposit;
(D). a deposit with a warehouseman;
(E). letters a and b
2007 Civil Law Exam MCQ
SUGGESTED ANSWER:
(September 09, 2007)
(C). a necessary deposit
No.IX. Multiple choice: Choose the right

answer. (2% each)
(1). The parties to a bailment are the:
(A). bailor;
(3). A contract of antichresis is always:

(A). a written contract;
(B). a contract, with a stipulation that the
debt will be paid through receipt of the
fruits of an immovable;
(B). bailee;
(C). Involves the payment of interests, if
(C) comodatario;
owing;
(D). all the above;
(D). All of the above;
(E). Letters a and b
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Page 179 of 180
(D). All of the above;
(D).
1/3
of
the
total
debts
must
be
represented by the approving creditors;

(4). An, assignee in a proceeding under the
Insolvency Law does not have the duty of:
(E). Letters a and b
(A). suing to recover the properties of the
SUGGESTED ANSWER:
state of the insolvent debtor;

(C). 3/5 of the number of creditors
(B). selling property of the insolvent debtor;
should agree to the settlement;
(C). ensuring that a debtor corporation
[Note: Items 4&5 on Insolvency Law are
operate
and
not included within the coverage of Civil
effectively while the proceedings are
Law but Commercial Law. It is therefore
pending;
suggested that the examinees be given
the
business
efficiently
(D). collecting and discharging debts owed

to the insolvent debtor.
full credit for the two items regardless of

their answers.]
SUGGESTED ANSWER:
(C). ensuring that a debtor corporation
operate
the
business
efficiently
and
effectively while the proceedings are
References:
(2007, 2009, 2010)
pending;
(5). In order to obtain approval of the
Answers
to
Bar
Examination
Questions by the UP LAW COMPLEX
UP LAW REVIEW
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;
(C). 3/5 of the number of creditors
should agree to the settlement;
PHILIPPINE ASSOCIATION OF LAW

SCHOOLS (2008)
lawphil.net
Page 180 of 180

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Civil Law Q&As (2007-2013)

ANSWERS TO BAR EXAMINATION QUESTIONS by

Civil Law Q&As (2007-2013)

Civil Law Q&As (2007-2013)

Civil Law Q&As (2007-2013)

Civil Law Q&As (2007-2013)

Paternity & Filiation; Child Born Under a Void Marriage (2010)........................................ 33

Civil Law Q&As (2007-2013)

Civil Law Q&As (2007-2013)

Wills; Prohibition to Partition of a Co-Owned Property (2010)............................................ 60

Civil Law Q&As (2007-2013)

Property; Movable or Immovable (2007).................................................................................. 78

Land Titles and Deeds

Civil Law Q&As (2007-2013)

Extinguishment; Payment of Check; Legal Tender (2008)....................................................95

Civil Law Q&As (2007-2013)

Commodatum & Mutuum

Torts and Damages

Civil Law Q&As (2007-2013)

MULTIPLE CHOICE QUESTIONS

Civil Law Q&As (2007-2013)

be considered born if it is alive at the

beneficiary. When she was already due to

kidnapped in a resort in Bataan where they

shall be considered born for all purposes

specified in Art. 41. Article 41 states

child was more than seven months old.

Capacity; Juridical Capacity of Donee;

child as sole beneficiary in the insurance

which she accepted. After six (6) months of

is favorable to the conceived child and

pregnancy, the fetus was born and baptized

therefore the fetus acquires presumptive

as Angela. However, Angela died 20 hours

or provisional personality. However, said

after birth. Ricky sought to recover the P 1

presumptive personality only becomes

conclusive if the child is born alive. The

(24) hours as required under Art. 41 of

Yes, Ricky is entitled to recover the

Civil Law Q&As (2007-2013)

fetus a person for purposes favorable to

Capacity: Legal Capacity; Lex Rei Sitae

(1). Roberta, a Filipino, 17 years of age,

contract in Australia is governed by

property from the age of 16.

until the contract is annulled.

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,

Roberta, being only 17 years old, has no

Australian Laws allow aliens to acquire