2007 2013 Civil Law

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

the UP LAW COMPLEX (2007-2013)
&
PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.Leroy Satchel Paige
Page 1 of 180
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
that "for civil purposes, the fetus shall

be considered born if it is alive at the
Persons
time it is completely delivered from the
Capacity: Juridical Capacity (2008)

No. II. At age 18, Marian found out that she
was pregnant. She insured her own life and
named her unborn
child
as her sole
beneficiary. When she was already due to

give birth, she and her boyfriend Pietro, the
father
of
her
unboarn
child,
were
kidnapped in a resort in Bataan where they

were vacationing. The military gave chase
and after one week, they were found in an
abandoned hut in Cavite. Marian and Pietro
were hacked with bolos. Marian and the
baby delivered were both found dead, with
the baby's umbilical cord already cut. Pietro
survived.
(A). Can Marian's baby be the beneficiary of
the insurance taken on the life of the
mother? (2%)
SUGGESTED ANSWER:
Yes, the baby can be the beneficiary of
the life insurance of Marian. Art. 40 NCC
provides
that
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
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
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,
womb. The act of naming the unborn
which she accepted. After six (6) months of
child as sole beneficiary in the insurance
pregnancy, the fetus was born and baptized
is favorable to the conceived child and
as Angela. However, Angela died 20 hours
therefore the fetus acquires presumptive
after birth. Ricky sought to recover the P 1
or provisional personality. However, said
Million.
presumptive personality only becomes
Explain. (5%)
conclusive if the child is born alive. The

child need not survive for twenty-four
Is
Ricky
entitled
to
recover?
SUGGESTED ANSWER:
(24) hours as required under Art. 41 of
Yes, Ricky is entitled to recover the
the Code because "Marian was already
P1,000,000.00. The NCC considers a
due to give birth," indicating that the

child was more than seven months old.
Page 12 of 180
the statement is FALSE, state the reason.

fetus a person for purposes favorable to
(2% each).
it provided it is born later in accordance
(1). Roberta, a Filipino, 17 years of age,
with the provision of the NCC. While the
without the knowledge of his parents, can
donation is favorable to the fetus, the

donation did not take effect because the
fetus was not born in accordance with
the NCC.
To be considered born, the fetus that
had an intrauterine life of less than
seven (7) months should live for 24
hours from its complete delivery from
the mothers womb. Since Angela had an
intrauterine life of less than seven (7)
months but did not live for 24 hours, she
was not considered born and, therefore,
did not become a person. Not being a
person, she has no juridical capacity to
be a donee, hence, the donation to her
did not take effect. The donation not
being effective, the amount donated may
be recovered. To retain it will be unjust
enrichment.
Capacity: Legal Capacity; Lex Rei Sitae

(2007)
No.VII. Write "TRUE" if the statement is
true or "FALSE" if the statement is false. If
contract in Australia is governed by

because
Philippine
Australian Laws allow aliens to acquire
ownership
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
acquire
house
country
Moreover,
in
where
even
Australia
it
is
assuming
situated."
that
legal
Law,
over
she
the
will
property
acquire
bought
legal capacity to acquire and own land.
capacity of Roberta in entering the
Page 13 of 180
that
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
of
Andy's
to
Aimee's
maiden
surname in accordance with Rule 108 of
nickname in the civil register without

the Rules of Court because said changes
need of a judicial order. Errors that
are substantive corrections.
involve the change of nationality, age,

status, surname or sex of petitioner are
(B).
can
not included from the coverage of the
administrative proceedings be brought for
said Act (Silverio v. Republic, G.R. No.
the
Instead
purpose
of
of
judicial
making
action,
the
above
corrections? (2%)
SUGGESTED ANSWER:
No. An administrative proceeding cannot
be brought for the purpose of making the
above corrections. R.A. 9048, otherwise
174689, 22 Oct., 2007).
Nationality Principle (2009)

No.XII. Emmanuel and Margarita, American
citizens and employees of the U.S. State
Department, got married in the African
known as the Clerical Error Act, which
state of Kenya where sterility is a ground for
authorizes the city or municipal civil
annulment of marriage. Thereafter, the
registrar or the consul general to correct
spouses were assigned to the U.S. Embassy
a clerical or typographical error in an
in Manila. On the first year of the spouses
entry and/or change the first name or

Page 14 of 180
Recio, 366 SCRA 437 [2001], Llorente v.

tour of duty in the Philippines, Margarita
Court of Appeals 345 SCRA 92 [2000],
filed an annulment case against Emmanuel
and Bayot v. Court of Appeals 570 SCRA
before a Philippine court on the ground of
472 [2008]).
her husbands sterility at the time of the

celebration of the marriage.
(A). Will the suit prosper? Explain your
answer. (3%)
SUGGESTED ANSWER:
No, the suits will not prosper. As applied
to foreign nationals with the respect to
family relations and status of persons,
the nationality principle set forth in
Article 15 of the Civil Code will govern
the
relations
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.
No.XX. (A). If Ligaya, a Filipino citizen

residing in the United States, files a petition
ALTERNATIVE ANSWER:
The
forum
has
jurisdiction
over
an
action for the annulment of marriage

solemnized elsewhere but only when the
for change of name before the District Court

of New York, what law shall apply? Explain.
(2%)
party bringing the actions is domiciled
SUGGESTED ANSWER:
in the forum. In this case, none of the
New York law shall apply. The petition of
parties to the marriage is domiciled in
change of name file din New York does
the
as
not concern the legal capacity or status
officials of the US Embassy whose stay in
of the petitioner. Moreover, it does nto
the country is merely temporary, lasting
affect the registry of any other country
only during their fixed tour of duty.
including the country of birth of the
Hence, the Philippine courts have no
petitioner.
jurisdiction over the action.
rendered in that petition will have effect
Philippines.
They
are
here
Whatever
judgment
is
only in New York. The New York court

Nationality Principle; Change of Name
not Covered (2009)
Page 15 of 180
SUGGESTED ANSWER:
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%)
Philippine law will apply. The petition for

change of name in the Philippines will
affect only the records of the
principle, by which his legal status is

petitioner and his transactions in the
governed by national law, the matter of
Philippines. The Philippine court can
change of name being included in the
never
the
legal status. The Supreme Court has
custodian in the US of the records of the
reiterate in several cases, that the lex
petitioner. Moreover, change of name has
patriae as provided in Article 15 of the
nothing to do with the legal capacity or
Civil
status of the alien. Since Philippine
nationals
records and transactions are the only
status (supra).
acquire
jurisdiction
over
Code
ones affected, the Philippine court may
and transactions that law cannot be but
in
applicable
determining
to
foreign
their
legal
Conflict of Laws
effect the change only in accordance

with the laws governing those records
is
Processual Presumption (2009)
Philippine law.
No.I. TRUE or FALSE. Answer TRUE if the
ALTERNATIVE ANSWER:
statement
U.S. law shall apply as it is his national
statement is false. Explain your answer in
law. This is pursuant to the application
not more than two (2) sentences.
of
lex
patriae
or
the
is
true,
or
FALSE
if
the
nationality
Page 16 of 180
ALTERNATIVE ANSWER:
(A).
The
doctrine
of
"processual
presumption" allows the court of the forum

to presume that the foreign law applicable
to the case is the same as the local or
domestic law. (1%)
SUGGESTED ANSWER:
TRUE. If the foreign law necessary to the
resolve an issue is not proven as a fact,
the court of the forum may presume that
the foreign law is the same as the law of
the forum.
Jurisdiction;
Courts
may
Assume
Jurisdiction over Conflict of Laws Cases

(2010)
No.III. Define, Enumerate or Explain. (2%
each)
(C) Give at least two reasons why a court
may assume jurisdiction over a conflict of
laws case.
SUGGESTED ANSWER:
(1) Statute theory. There is a domestic
law
authorizing
the
local
court
to
assume jurisdiction.
(2)
Comity
assumes
theory.
jurisdiction
The
local
based
principle of comity or courtesy.
on
court
the
(1) Public Order. To maintain peace and
No.XIII. Rafael, a wealthy bachelor, filed a

petition for the adoption of Dolly, a one-year
order, disputes that disturb the peace of
old foundling who had a severe heart ailment.
the forum should be settled by the court
During
of the forum even though the application
proceedings, Rafael died of natural causes.
of the foreign law is necessary for the
The Office of the Solicitor General files a
purpose.
motion to dismiss the petition on the ground
the
pendency
of
the
adoption
that the case can no longer proceed because
(2) Humanitarian Principle. An aggrieved
of the petitioners death.
party should not be left without remedy

in a forum even though the application
of the foreign law by the courts of the
forum is unavoidable in order to extend
relief.
(A). Should the case be dismissed? Explain.

(2%)
SUGGESTED ANSWER:
It
Adoption
depends
on
the
stage
of
the
proceedings when Rafael died. If he died

after all the requirements under the law
Adoption; Termination; Death of Adopter

(2009)
Page 17 of 180
decree should be allowed in case it is the

have been complied with and the case is
adoptee who dies because adoption is
already submitted for resolution, the
primarily for his benefit.
court may grant the petition and issue a

decree of adoption despite the death of
the
adopter
(Section
13,
RA
8552).
Otherwise, the death of the petitioner

shall have the effect terminating the
proceedings.
(B). Will your answer be the same if it was
Dolly who died during the pendency of the
adoption proceedings? Explain. (2%)
SUGGESTED ANSWER:
No, if it was Dolly who died, the case
should
be
dismissed.
Her
death
terminates the proceedings (Art. 13,

Domestic Adoption Law).
ALTERNATIVE ANSWER:
It depends. If all the requirements under
the law have already been complied with
and the case is already submitted for
resolution, the death of the adoptee
should not abate the proceedings. The
court
should
issue
the
decree
of
adoption if will be for the best interest of

the adoptee. While RA8552 provides only
for the case where it is the petitioner
who dies before the decree is issued, it is
with more compelling reason that the
SUGGESTED ANSWER:
Adoption; Illegitimate Child (2010)
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
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%)
longer
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
Surname
as
Child;
Use
Middle
of
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

Garcia, G.R. No. 148311, March 31,
Consent; Consent of the Adopters Heirs

(2008)
2005, the Supreme Court ruled that the
No.V. Despite several relationships with
adopted child may use the surname of
different
the natural mother as his middle name
unmarried.
because there is no prohibition in the
Brenda produced a daughter, Amy, now 30
law against it. Moreover, it will also be
years old. His second, with Carla, produced
for the benefit of the adopted child who

shall
preserve
his
lineage
on
his
mothers side and reinforce his right to

inherit from his mother and her family.
Lastly, it will make the adopted child
women,
His
Andrew
first
remained
relationship
with
two sons: Jon and Ryan. His third, with

Donna, bore him no children although
Elena has a daughter Jane, from a previous
relationship. His last, with Fe, produced no
biological
children
but
they
informally
adopted without court proceedings, Sandy's
conform with the time-honored Filipino
now 13 years old, whom they consider as
tradition
their own. Sandy was orphaned as a baby
of
carrying
the
mothers
surname as the persons middle name.
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
written consent of Jane, if she is over
andrew in his house.
ten years old (Sec. 9(d), RA 8552).
(A). Is there any legal obstacle to the legal

adoption of Amy by Andrew? To the legal
adoption of Sandy by Andrew and Elena?
(2%)
SUGGESTED ANSWER:
Yes, there is a legal obstacle to the legal
adoption of Amy by Andrew. Under Sec.
9(d) of RA 8552, the New Domestic
Adoption
Act
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
adoption
is
not
necessary because she was not legally

adopted by Andrew. Jane's consent is
likewise not necessary because she is
not a child of Andrew. Sandy, an orphan
since birth, is eligible for adoption under
Sec. 8(f) of RA 8552, provided that
Andrew obtains the written consent of
the other children mentioned above,
on certain situations enumerated in the

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

No.IX. Eighteen-year old Filipina Patrice
had a daughter out of wedlock whom she
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
Department, got married in the African
Can John file the petition for adoption? If

yes, what are the requirements? If no, why?
(5%)
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
tour of duty in the Philippines, Margarita
SUGGESTED ANSWER:
No, John cannot file the petition to
adopt
Family Code
alone.
Philippine
law
filed an annulment case against Emmanuel

before a Philippine court on the ground of
requires
husband and wife to adopt jointly except

Page 20 of 180
the formal validity of such marriage is

her husbands sterility at the time of the
governed by Kenyan law and any issue as
to the formal validity of that marriage
(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,
Since
sterility
does
not
constitute
shall be determined by applying Kenyan
absence or defect in the legal capacity of
law and not Philippine law.
the parties under Philippine law, there is

no
ground
to
avoid
or
annul
the
However, while Kenyan law governs the
marriage. Hence, the Philippine court
formal validity of the marriage, the legal
has to deny the petition.
capacity of the Filipino parties to the

marriage is governed not by Kenyan law
but by Philippine law (Article 15, NCC).
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
(2% each).
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.
(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
declaration of nullity may only be filed

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
by any of the spouses.

ALTERNATIVE SUGGESTED ANSWER:
two business firms to G and their two

No, I do not agree. There are others who
children, aged 18 and 19.
may file a petition for declaration of
B also opened a bank account in the
nullity such as the other spouse in
amount of P3 million in the name of the two
bigamous marriages.
children to answer for their educational

expenses until they finish their college
degrees.
Marriage; Annulment; Support Pendente

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
Wilma is already married to Joseph. Can

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 and enforcement of the
foreign
judgment
of
divorced
(Rule
39,Rules of Court ).
(C). Harry tells you that he has fallen in

love with another woman, Elizabeth, and
wants to marry her because, after all,
Harry legally marry Elizabeth? Explain.

(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
(A). Under Article 26 of the Family Code,

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
Decrees;
Foreign
Spouse Divorces Filipino Spouse (2010)

No.I. True or False.
when a foreign spouse divorces his/her

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

Filipino
spouse
to
have
capacity
to
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

that the decree of divorce obtained
Page 25 of 180
FALSE. The five-year prescriptive period

for filing legal separation runs from the
SUGGESTED ANSWER:
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,
Nikkis
action
account
of
will
not
condonation.
prosper
However,
on
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:
occurrence
of
sexual
infidelity
committed in 2002 runs from 2002, for
drunkard, a womanizer, a gambler, and 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

infidelity in 2005 will prescribe in 2010.
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.
To support her petition, Maria presented
three witnesses- herself, Dr. Elsie Chan,
and Ambrosia. Dr. Chan testified on the
Marriage;
Psychological
Incapacity
(2013)
psychological
report
on
Neil
that
she
prepared. Since Neil never acknowledged

n9r
responded
to
her
invitation
for
No.I. You are a Family Court judge and
interviews, her report is solely based on her
before you is a Petition for the Declaration
interviews with Maria and the spouses'
of Nullity of Marriage (under Article 36 of
minor children. Dr. Chan concluded that
the Family Code)filed by Maria against Neil.
Neil
Maria claims that Neil is psychologically
Personality Disorder, an ailment that she
incapacitated to comply with the essential
found to be already present since Neil's
is
suffering
from
Narcissistic
obligations of marriage because Neil is a

Page 26 of 180
serious enough to prevent Neil from

early adulthood and one that is grave and
performing
incurable. Maria testified on the specific
obligations. Dr. Chans report contains
instances when she found Neil drunk, with

another
woman,
or
squandering
the
family's resources in a casino. Ambrosia,

the
spouses'
current
household
help,
corroborated Maria's testimony.

On the basis of the evidence presented, will
you grant the petition? (8%)
SUGGESTED ANSWER:
No. The petition should be denied.
The psychological incapacity under Art.
36
of
the
Family
Code
must
be
characterized by (a) gravity, (b) juridical

antecedence, and (c) incurability. It is
not enough to prove that the parties
failed to meet their responsibilities and
duties as married persons; it is essential
that they must be shown to be incapable
of doing so, due to some physiological
(not physical) illness (Republic v. CA and
Molina, G.R. No. 108763, Feb 13, 1997).
In this case, the pieces of evidence
presented are not sufficient to conclude
that
indeed
Neil
psychological
Personality
before
the
is
suffering
incapacity
Disorder]
marriage,
from
[Narcissistic
existing
already
incurable
and
his
essential
marital
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
cannot be annulled on the ground of

Marriage;
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
a divorced German national born of a

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
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
Yes. Jon and Jane can marry each other;

should
have
first
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
20 years old. David had a son, Julian, with

while Jane is a child of Elena from a
previous
relationship.
Thus,
their
marriage is not one of the prohibited
his ex-girlfriend Sandra. Julian and Thelma

can get married.
SUGGESTED ANSWER:
marriages enumerated under Art. 38 of

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.

(2% each).
(5). Amor gave birth to Thelma when she
was 15 years old. Thereafter, Amor met
Marriage;
Void
Marriages;
Property
Relations (2009)
No. III. In December 2000, Michael and
Anna, after obtaining a valid marriage
David and they got married when she was

Page 30 of 180
of the Family Code. This is on the

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
assumption that there was no
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
him that the couple and their witnesses
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
forthwith signed all the copies of the

marriage
No. III. In December 2000, Michael and
Mayor
were waiting in his office. The Mayor
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
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%)
neighboring municipality.
Page 31 of 180
representing that he was single when, in

fact, he was not; and exemplary, to teach a
SUGGESTED ANSWER :
lesson to like-minded Lotharios.
The marriage is void because the formal

requisite
of
marriage
ceremony
was
absent ( Art.3, F.C. 209, Family Code).

ALTERNATIVE ANSWER:
The
marriage
is
void
because
an
essential requisite was absent: consent

of
the
parties
freely
given
in
the
presence of the solemnizing officer (Art

.2, FC).
(B). What is the status of the three children
of Michael and Anna? Explain your answer.
(2%)
SUGGESTED ANSWER:
The children are illegitimate, having
been born outside a valid marriage.
Parental Authority; Illegitimate Minor

Child (2009)
No.XIV. Rodolfo, married to Sharon, had an
illicit affair with his secretary, Nanette, a
19-year old girl, and begot a baby girl,
Rona. Nanette sued Rodolfo for damages:
actual, for hospital and other medical
expenses
in
delivering
the
child
by
caesarean section; moral, claiming that

Rodolfo
promised
to
marry
her,
and even though he is giving support for

(C). When Rona reaches seven (7) years old,
the child. To acquire custody over Rona,
she tells Rodolfo that she prefers to live
Rodolfo should first deprive Nanette of
with
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
him,
because
he
is
better
the court grant Rodolfos petition? Why or

why not? (2%)
SUGGESTED ANSWER:
No, because Rodolfo has no parental
authority over Rona. He who has the
parental
authority
has
the
right
Rodolfo if it is for her best interest.
Parental Authority; In Vitro Fertilization

(2010)
to
No.VI. Gigolo entered into an agreement
custody. Under the Family Code, the
with Majorette for her to carry in her womb
mother alone has parental authority over
his baby via in vitro fertilization. Gigolo
the illegitimate child. This is true even if
undertook to underwrite Majorettes pre-
illegitimate father recognized the child
natal expenses as well as those attendant
Page 32 of 180
The relationship produced one offspring,

to her delivery. Gigolo would thereafter pay
Majorette P2 million and, in return, she
would give custody of the baby to him.
After Majorette gives birth and delivers the
baby to Gigolo following her receipt of P2
million, she engages your services as her
lawyer to regain custody of the baby.
(C) Who of the two can exercise parental
authority over the child? Explain. (2.5%)
SUGGESTED ANSWER:
Majorette,
the
mother,
can
exercise
parental authority. Since the child was

born
out
of
wedlock,
the
child
is
illegitimate and the mother has the

exclusive parental authority and custody
over the child.
ALTERNATIVE ANSWER:
Gigolo can exercise parental authority
over the child. Majorette has no blood
relation to the child. She is just a
carrier of the child.
Paternity & Filiation; Child Born Under a

Void Marriage (2010)
No.X. In 1997, B and G started living
together without the benefit of marriage.
Venus. The couple acquired a residential lot
legitimated by the subsequent marriage

in Paraaque. After four (4) years or in
of her parents, such legitimation was
2001,
rendered
having
completed
her
4-year
ineffective
when
the
said
college degree as a fulltime student, she
marriage was later on declared null and
and
void
contracted
marriage
without
due
to
absence
of
marriage
license.
license.
The marriage of B and G was, two years
Under Article 178 of the Family Code,
later, declared null and void due to the
legitimation
absence of a marriage license.
subsequent
(B). Is Venus legitimate, illegitimate, or

legitimated? Explain briefly. (3%)
shall
valid
marriage
underscored
Venus is illegitimate. She was conceived

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

shall
legitimation.
SUGGESTED ANSWER:
take
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
was
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
action to impugn, B can pray for the

correction of the status of the said
Paternity
&
daughter in her record of birth.
Fertilization;
Filiation;
Surrogate
In
Vitro
Mothers
Remedy to Regain Custody (2010)

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

undertook to underwrite Majorettes pre-
SUGGESTED ANSWER:
natal expenses as well as those attendant
If B acquiesces and does not file the

action to impugn the legitimacy of the
child within the prescriptive period for
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
After Majorette gives birth and delivers the
Code, G's daughter by another man shall
baby to Gigolo following her receipt of P2
be
conclusively
presumed
as
the
legitimate daughter of B by G.
Page 34 of 180
(B) Can Gigolo demand from Majorette the

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
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.
return of the P2 million if he returns the

baby? Explain. (2.5%)
SUGGESTED ANSWER:
If Gigolo voluntarily recognized the child

No, he cannot. Both he and Majorette are
as his illegitimate child in accordance
guilty of violating the provision of the
with Article 175 in relation to Article
Anti-Child Abuse Law (RA7610) on child
172 of the Family Code, the child is
trafficking. Being in pari delicto, the
entitled to support and inheritance from
partners shall be left where they are and
Gigolo.
Gigolo cannot demand the return of what

he paid.
ALTERNATIVE ANSWER:
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
&
Filiation;
Legitimacy;
(D) Is the child entitled to support and
Presumption (2008)
inheritance from Gigolo? Explain. (2.5%)
No. III. Roderick and Faye were high school
SUGGESTED ANSWER:
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
No. Laica cannot bring an action to

benefit of marriage. When Faye reached 18
impugn her own status. In Liyao Jr. v.
years of age, her parents forcibly took her
Tanhoti-Liyao, G.R. No. 138961, 07
back and arranged for her marriage to Brad.

Although Faye lived with Brad after the
marriage, Roderick continued to regularly
visit Faye while Brad was away at work.
During their marriage, Faye gave birth to a
baby girl, Laica. When Faye was 25 years old,
Brad discovered her continued liason with
Roderick
and
in
one
of
their
heated
arguments, Faye shot Brad to death. She lost

no time in marrying her true love Roderick,
without a marriage license, claiming that they
have been continuosly cohabiting for more
than 5 years.
(B). What is the filiation status of Laica?

(2%)
SUGGESTED ANSWER:
Laica
is
legitimate
because
children
conceived or born during the marriage of

the
parents
are
presumed
to
be
legitimate (Art. 164, FC).

(C).Can Laica bring an action to impugn her
own status on the ground that based on
DNA results, Roderick is her biological
father? (2%)
SUGGESTED ANSWER:
No. Laica cannot be legitimated by the

March 2002, the Supreme Court ruled
marriage
that impugning the legitimacy of the
because only children conceived and
child is a strictly personal right of
born outside of wedlock of parents who
husband, except: (a) when the husband
at the time of the conception of the
died before the expiration of the period
former were not disqualified by any
fixed for bringing the action; (b) if he
impediment to marry each other may be
should
legitimated (Art. 177, FC).
die
complaint,
after
the
without
filing
having
of
the
of
her
biological
parents
desisted
therefrom, or (c) if the child was born

after the death of the husband. Laica's
Paternity & Filiation; Legitimation of a
case does not fall under any of the
Child from a Previous Valid Marriage
exceptions.
(2008)
(D).
Can
Laica
be
legitimated
by
marriage of her biological parents? (1%)

SUGGESTED ANSWER:
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
single at the time, Aimee was still in the
Page 36 of 180
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)
No. I. TRUE or FALSE. Answer TRUE if the

statement is true, or FALSE if the

Paternity
&
Ascendants &
(E). A dead child can be legitimated. (1%)
Filiation;
Support:
Descendants; Collateral
Blood Relatives (2008)

SUGGESTED ANSWER:
different
women,
unmarried.
require a child to be alive at the same
time of the marriage of his / her parents
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
first
remained
TRUE To be legitimated, the law does not
( Article 177, FC ). Furthermore, Art.
His
Andrew
relationship
with

biological
children
but
they
informally

legitimation will benefit no one but the

child's ascendants ,or other relatives .
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
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:
No,
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.
conferred
They were born during the marriage of
illegitimate
Conrado
first
and
Clarita,
hence,
are
the
status
children,
impugn
their
of
Edilbertos
Condrado
must
legitimacy.
Since
considered legitimate children of the
Condrado has not initiated any action to
said spouses. This status is conferred on
impugn their legitimacy, they continue
them at birth by law.
to be the legitimate of Condrado. They

cannot be the illegitimate children of
Under Philippine law, a person cannot
Edilberto at the same time. Not being
have more than one natural filiation.
the illegitimate children of Edilberto,
The legitimate filiation of a person can
they have no right to inherit from him.
be changed only if the legitimate father

will successfully impugn such status.
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
building conjugal or paraphernal? Reasons.

(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
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
community
for the adoption of Michelle, then 25 years
property under Art. 91 of FC which took
old and Michael, 18. Both Michelle and
responsibility
debt
is
of
the
absolute
already
effect in 1988 while the house and lot
Michael gave consent to the adoption.
here involved was purchased in 1990.
The trial court dismissed the petition and
There is no indication that the spouse
ruled that Monina should have filed the
who bought the property had legitimate
petition jointly with her new husband.
descendants by a former marriage, which
Monina, in a Motion for Reconsideration
would exclude the house and lot from
argues that mere consent of her husband
the community property, Art. 92 par 3,
would suffice and that joint adoption is not
FC). If the spouses established a conjugal
needed,
partnership, the property belongs to the
for
the
adoptees
are
already
emancipated.
individual spouse if full ownership was
Is the trial court correct in dismissing the
vested before marriage (Art. 118, FC).
petitions for adoption? Explain. (5%)
SUGGESTED ANSWER:
Page 41 of 180
rights and interests in the Agro-Macro

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
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
which bore no offspring, was declared void

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;
Void
Marriages
(2010)
No.VII. G and B were married on July 3,
1989. On March 4, 2001, the marriage,
ab initio under Article 36 of the Family

Code. At the time of the dissolution of the
SUGGESTED ANSWER:
marriage, the couple possessed the
Since the marriage was declared void ab
following properties:
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
initio in 2001, no Absolute Community

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
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
(A) Who owns the foregoing properties?

Explain. (5%)
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.
No.X. In 1997, B and G started living

together without the benefit of marriage.
Since the parties to the marriage which
The relationship produced one offspring,
was later declared void ab initio were
Venus. The couple acquired a residential lot
capacitated to marry each other, the

applicable law under the New Civil Code
was
Article
144.This
Article
is
substantially the same as Article 147 of

the Family Code.
Hence, the determination of ownership
will remain the same as in question A.
And
even
assuming
that
the
two
provisions are not the same, Article 147

of the Family Code is still the law that
will govern the property relations of B
and G because under Article 256, the
Family
Code
has
retroactive
effect
insofar as it does not prejudice or impair

vested or acquired rights under the new
Civil Code or other laws. Applying Article
147 retroactively to the case of G and B
will not impair any vested right. Until
the declaration of nullity of the marriage
under the Family Code, B and G have not
as yet acquired any vested right over the
properties
acquired
during
their
cohabitation.
Property
(2010)
Relations;
Void
Marriages
and G. Their properties are governed by

in Paraaque. After four (4) years or in
the special co-ownership provision of
2001,
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
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,
care
and
maintenance is recognized as a valuable

contribution
contributor
which
to
half
will
of
entitle
the
the
property
acquired.
Having
Succession
in
ownership the care and maintenance of
ownership
Disposition; Mortis Causa vs. Intervivos;

Corpse (2009)
(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
property by intestate succession from
preserve the property and to transmit it
Raymond who is a legitimate relative of
upon her death to Scarlet, valid? (1%)

SUGGESTED ANSWER:
Yes, the condition imposed upon Ruffa
to preserve the property and to transmit
it upon her death to Scarlet is valid
because
it
is
tantamount
to
fideicommissary substitution under Art.

863 of the Civil Code.
(B).
If Scarlet
predeceases
Ruffa, who
inherits the property? (2%)

SUGGESTED ANSWER:
Ruffa
will
inherit
the
property
as
Scarlet's heir. Scarlet acquires a right to

the
succession
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
each
Ruffa (Art. 992, Civil Code). Moreover,
of
their
children
as
their
presumptive legitimes.
Scarlet is not a compulsory heir of
Peter later re-married and had two (2)
Raymond, hence she can inherit only by
children by his second wife Marie. Peter and
testamentary
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
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
by first 1/6 of the estate

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

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

shall be divided among the 3 illegitimate
marriage
Surviving
second spouse
children.
of the estate
3
illegitimate 1/12 of
estate for
children
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
heir of the decedent he seeks to inherit

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
from.
While Arnel is a legal heir of Franco, he
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
the legitimate children and relatives of
his
father
disqualified
or
to
mother.
inherit
Arnel
from
is
vees) inherit as a class and in equal shares

regardless of their proximity in degree to
the prepositus. (1%)
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
blood, a half blood sibling will receive

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
half the share of a full-blood sibling.
The wife will receive one half (1/2) of the

(1). The wife of Ramon will, therefore,
estate or P5,000,000.00. The other half
receive one half () of the estate or the
shall be inherited by (1) the full-blood
amount of P5,000,000.00.
brother,
(2). The three (3) full-blood brothers, will,
children, and (2) the half-sister. They will
therefore, receive P1,000,000.00 each.
divide the other half between them such
(3).
receive
that the share of the half-sister is just
of
half the share of the full-blood brother.
The
nephew
P1,000,000.00
will
by
right
represented
by
his
three
representation.
The share of the full-blood brother shall
(4). The two (2) half-brothers will receive
in
P500,000.00 each.
nephews in equal shares by right of
turn
be
inherited
by
the
three
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.
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
share as of the children. Thus, ownership

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
adopted.
The
law
on
representation
twins, Hans and Gretel, with his girlfriend,
requires the representative to be a legal
Fiona. In 2005, Anna, Larry and Cherry
heir of the person he is representing and
died in a car accident. In 2007, Ramon

died. Who may inherit from Ramon and
who may not? Give your reason briefly.
(10%)
SUGGESTED ANSWER:
The following may inherit from Ramon:
(1). Michelle, as an adopted child of
Ramon, will inherit as a legitimate child
of Ramon. As an adopted child, Michelle
has all the rights of a legitimate child
(Sec 18, Domestic Adoption Law).
(2). Lia will inherit in representation of
Anna. Although Lia is an illegitimate
child, she is not barred by Articles 992,
because
her
mother
Anna
is
an
illegitimate herself. She will represent

Anna as regards Anna's legitime under
Art. 902, NCC and as regards Anna's
intestate share under Art. 990, NCC.
The following may not inherit from
Ramon:
(1). Shelly, being an adopted child, she
cannot represent Cherry. This is because
adoption creates a personal legal relation
only
between
the
adopter
and
the
time, adoption was governed by the New

also of the person from whom the person
Civil Code. Under the New Civil Code,
being
to
husband and wife were allowed to adopt
inherit. While Shelly is a legal heir of
separately or not jointly with the other
Cherry, Shelly is not a legal heir of
spouse. And since the problem does not
Ramon.
Adoption
purely
specifically and categorically state, it is
personal
legal
between
possible to construe the use of the word
represented
was
supposed
created
relation
only
Cherry and Shelly.
"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:
adopted
case
of
by
Ramon
separate
alone
adoption
and
the
as follows: Only Lia will inherit from

Ramon in representation of Ramon's
The problem expressly mentioned the
illegitimate daughter Anna. Although Lia
dates of the adoption of Cherry and
is an illegitimate child, she is not barred
Michelle as 1971 and 1972. During that
from inheriting from Ramon because her
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?
Middle East. He had saved P100.000 in his

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

is the free portion which the testator
may dispose of by will.
except the money in his saving account.

Who are the heirs entitled to inherint from
him and how much should each receive?
(3%)
SUGGESTED ANSWER:
Legitime; Compulsory Heirs (2008)

No.
XII.
Ernesto,
an
overseas
Filipino
worker, was coming home to the Philippines
The mother and twin sons are entitled to

inherit from Ernesto. Art. 991 of the
Civil Code, provides that if legitimate
after working for so many years in the

Page 53 of 180
lawyer who prepared the will. There was a 3rd
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
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
page, but this only contained the notarial

acknowledgement.
The attestation clause stated the will was

signed on the same occasion by Arthur and
his instrumental witnesses who all signed
(B). What other defects of the will, if any,

can cause denial of probate? (2%)
SUGGESTED ANSWER:
in the presence of each other, and the

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

attestation did not state the number of
(A). Was Erica preterited? (1%)
pages upon which the will is written;

SUGGESTED ANSWER:
and,
Erica cannot be preterited. Art. 854 of

the
Civil
Code
provides
that
only
(d)
no
pagination
appearing
correlatively in letters on the upper part

of the three pages (Azuela v. C.A., G.R.
compulsory heirs in the direct line can

be preterited.
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

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
under 15 or above 60 and the age of the
named her unborn
of
her
child
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
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
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.
(C). Will Pietro, as surviving biological

father of the baby, be entitled to claim the
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
As to the proceeds of the insurance on
the same time, there being no evidence
the life of Dr. Lopez:
to prove otherwise, and there shall be no

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
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.
heir was ineffective, even though written
The said cancellation has revoked the
by the testator himself, because such is
entire will as nothing remains of the will
an
after the name of Rosa was cancelled.
authentication by the full signature of
Such cancellation is valid revocation of
the testator to be valid and effective. Not
the
require
having an authenticated, the designation
authentication by the full signature of
of Gregorio as an heir was ineffective,
the testator to be effective.
(Kalaw v. Relova, G.R. No. L-40207, Sept
will
and
does
not
alteration
that
requires
28, 1984).
However, if the cancellation of Rosas
name was not done by the testator
himself, such cancellation shall not be
effective and the will in its original tenor
Wills; Holographic Wills; Probate (2009)
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
Fuentes executed his will in accordance
licensure examinations, resided therein,
with the Philippine law, the Philippine
and became a naturalized American citizen.

He died in New York in 2007. The laws of
New York do not recognize holographic wills
or compulsory heirs.
(A). Can the holographic will of Dr. Fuentes
be admitted to probate in the Philippines?
Why or why not? (3%)
SUGGESTED ANSWER:
Yes, the holographic will of Dr. Fuentes
may be admitted to probate in the
Philippines because there is no public
policy violated by such probate. The only
issue at probate is the due execution of
the
will
which
includes
the
formal
validity of the will. As regards formal

validity, the only issue the court will
resolve at probate is whether or not the
will was executed in accordance with the
form prescribed by the law observed by
the testator in the execution of his will.
For
purposes
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
No, Jay cannot insist because under New

court shall apply the New Civil Code in
York law he is not a compulsory heir
determining the formal validity of the
entitled to a legitime.
holographic will. The subsequent change

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).
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
(B). Assuming that the will is probated in
since
the Philippines, can Jay validly insist that
recognize the concept of compulsory
he be given his legitime? Why or why not?
heirs, Jay is not a compulsory heir of Dr.
(3%)
the
New
York
law
does
not
Fuentes entitled to a legitime.
SUGGESTED ANSWER:
Page 58 of 180
(B).
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
their marriage.
Are
Filipino
citizens
after
the
testamentary
dispositions
No.VII.b) John Sagun and Maria Carla

Camua, British citizens at birth, acquired
SUGGESTED ANSWER:
Philippine
citizenship
by
naturalization
No. The testamentary dispositions are
after their marriage. During their marriage,
not valid because (a) omission of Mary, a
the
legitimate
landholdings in London and in Makati.
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

dispose of nor divide the London estate
Maria
couple
begot
acquired
three
(3)
substantial
children,
Jorge,
Luisito, and Joshur. In one of their trips to

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.
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%)
(1) Should the will be admitted to probate?
cannot be partitioned for as long as the

SUGGESTED ANSWER:
Assuming the will of John and Maria was
youngest of his four children desires to stay

there. As coheirs and co-owners, the other
three may demand partition anytime. (1%)
valid, the testamentary prohibition on the

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
youngest child desires to stay there.
Wills; Prohibition to Partition of a CoOwned Property (2010)
Article 1083 of the New Civil Code allows

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

that the house and lot where he lived
Page 60 of 180
of Arts. 804, 805 and 806 of the Civil

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
Code.
subscribing witnesses, and again, by the

(B). Act as a witness to a will? (1%)
notary public before whom the will is

acknowledged (Art. 808, Civil Code).
SUGGESTED ANSWER:
Stevie cannot be a witness to a will. Art.
820 of the Civil Code provides that "any
Wills; Testamentary Disposition; Period
person of sound mind and of the age of
to Prohibit Partition (2008)
eighteen years or more, and not blind,

deaf or dumb, and able to read and write,
No. XI. John and Paula, British citizens at

birth, acquired Philippine citizenship by
may be a witness to the execution of a
naturalization after their marriage. During
will.
their
(C). In either of the above instances, must

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

read to him twice, once by one of the
Page 61 of 180
Coming from the hospital, Clara insisted on

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

fell down the stairs and broke her arms.
signing her will by thumb mark and said
Probate
should
be
denied.
The
that she can sign her full name later. While
requirement that the testator and at
the
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,
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,

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.
SCRA 31, 1973). The testatrix and the

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
Jennifer acquired it and placed it in his

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
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,
bedroom. In 1990, Brad and Jennifer broke

up. While Brad was mending his broken
heart, he met Angie and fell in love.
cannot validly bequeath the same to

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

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
donation being void, Jennifer remained
NO. Angie is not correct. The Picasso

painting is not given or donated by
Jennifer to Brad. She merely "placed it
the owner of the Picasso painting and

Brad could not have validly disposed of
said painting in favor of Angie in his will.
in his bedroom." Hence, she is still the

owner of the painting. Not being the
ALTERNATIVE ANSWER:
owner of the Picasso painting, Brad

Page 63 of 180
written. Such conditions, shall therefore,

YES. Angie is correct. Even assuming
be disregarded but the donation remains
that there was void donation because the
valid (Art. 727, NCC). On the other hand,
same was not in writing, Brad was in

uninterrupted possession of the Picasso
painting from 1989 to 1995, lasting for
six (6) years prior to his death. Brad has
already
acquired
ownership
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
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
mortis causa disposition, the formalities
express irrevocability (Austria-Magat v.
of a will should have been complied with
CA, G.R. No. 106755, Feb 1, 2002).
under
Art.
728
of
the
Civil
Code,
otherwise, the donation is void and

ALTERNATIVE ANSWER:
would produce no effect (The National
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
current of the water." Where the land is

deposited
properties.
on
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
not formed solely by the natural effect of

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
man, it is man-made accretion and a
part of the public domain (Tiongco v.
registered,
will
the
benefit
of
such
registration extend to the increased area of

their properties? (2%)
SUGGESTED ANSWER:
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.
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
up in the mountains and forests so that

(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
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
gradually the land owned by Marciano

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

the size of the land, he ordered Ulpiano to
accretion. His real right of ownership is

enforceable
against
the
whole
world
demolish the huts, and demanded that he
including Ulpiano and his two married
be paid his share in the proceeds of the
children. Although Marcianos land is
harvest. Marciano claims that under the
registered, the three (3) hectares land
Civil Code, the alluvium belongs to him as a
deposited through accretion was not
registered riparian owner to whose land the
automatically
accretion attaches, and that his right is
unregistered
enforceable against the whole world.
registered.
land,
it
is
As
an
subject
to
acquisitive prescription by third persons.
(A). Is Marciano correct? Explain. (3%)

Page 67 of 180
accounting of the fruits he has gathered,

he has the right to deduct from the
Although Ulpiano and his children live in
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
value of the fruits the expenses for
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
(1) to appropriate as his own the works

and options open to them to protect their
after payment of the indemnity provided
interests. (8%)
for in Art 546 and 548, or
SUGGESTED ANSWER:
(2) to oblige the one who built to pay the
Based on the fact as stated, the spouses

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

Code). The good faith is always presumed
(Art. 527, Civil Code).
The owner of the land on which anything
has been built, sown, or planted in good
faith shall have the right:
price of the land.
entitled to the right of retention pending

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

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

Easement;
Prescription;
Acquisitive
Prescription (2009)
(C). Acquisitive prescription of a negative
easement runs from the time the owner of
the dominant estate forbids, in a notarized
document, the owner of the servient estate
from executing an act which would be
lawful without the easement. (1%)
SUGGESTED ANSWER:
True. In negative easements, acquisitive
prescription runs from the moment the
owner of the dominant estate forbade, by
an
instrument
acknowledged
before
notary public, the owner of the servient

estate from executing an act which
would be lawful without the easement
(Art. 621, NCC).
Easement; Right of Way (2013)

No.VII.In 2005, Andres built a residential
house on a lot whose only access to the
national highway was a pathway crossing
Brando's property. Andres and others have
1980.
determine
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
old
access
route
to
the
highway
(pathway A), but Brando refused, claiming

that there was another available pathway
(pathway B) for ingress and egress to the
highway. Andres countered that pathway B
has defects, is circuitous, and is extremely
inconvenient to use.
hired Damian, a geodetic and civil engineer,

to survey and examine the two pathways
the
surrounding
way
shortest
through
and
the
the
least
servient
estates. After the survey, the engineer

concluded that pathway B is the longer
route and will need improvements and
repairs, but will not significantly affect the
use of Brando's property. On the other
hand, pathway A that had long been in
place, is the shorter route but would
significantly affect the use of Brando's
property.
In light of the engineer's findings and the
To settle their dispute, Andres and Brando
and
prejudicial
the
areas,
and
to
circumstances of the case, resolve the

parties' right of way dispute. (6%)
SUGGESTED ANSWER:
Page 70 of 180
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

complied with. First, there is another
available outlet to the national highway
to the servient estate is controlling

(Pathway B). Second, the right of way
(Quimen v. Quimen and CA, G.R. No.
obtained (Pathway A) is not the least
112331, May 29, 1996).
prejudicial
to
Brandos
property,
as
evidence by the reports of the geodetic

and civil engineer.
When
there
adequate
is
outlet
exists an easement in favor of the lot

belonging to Andres and if Brandos lot is
already
from
an
the
existing
dominant
estate to the public highway, even if the

said outlet, for one reason or another, be
inconvenient,
(Note: It is not clear from the problem if there
easement. If the used pathway was only a
must ask for the constitution of a legal
(Costabella Corporation v. CA, G.R. No.
easement through Brandos lot by proving
80511, Jan 25, 1991). The rule that the
the four requisites required by Art 649 and
easement
65, Civil Code).
way
open
created as legal easement or as a voluntary
another servitude is entirely unjustified
of
to
easement burdening Brandos lot, was it
tolerance, then Brando may close it. Andres
right
need
way as a servient estate. If there is such an
up
of
the
burdened as a servient estate by a right of
shall
be
established at the point least prejudicial
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
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.
ALTERNATIVE ANSWER:
(4) Avas working abroad for more than
Yes. Ava has the right to demand from
ten (10) years should not be construed as
Julia the activation of the right of way. A
non-user, because it cannot be implied
voluntary easement of right of way, like
from the fact that she or those she left
any
behind to cultivate the lot no longer use
extinguished only by mutual agreement
the right of way.
or by renunciation of the owner of the
other
contract,
could
be
dominant estate. Also, like any other

Note:
Since
right
of
way
is
discontinuous easement, the period of

Page 72 of 180
ALTERNATIVE ANSWER:
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).
No. There was merely a promise to Ava

that a right of way shall be granted to
lot which he (Blas) owns. While digging on

her in lot C if Ava purchase lot E. The
promise was not reduced to writing (Obra
v. Baldria, 529 SCRA 621 [2007]). Hence,
it was not or could not have been
registered as to warn buyers of lot C
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
de las Islas Filipinas. Using a detonation
device, Adam was able to open the vault
containing old notes and coins which were
about the existence of the easement on
in circulation during the Spanish era. While
the property. Not having been annotated
the notes and coins are no longer legal
on the TCT to lot C, the buyer acquired
tender, they were valued at P100 million
lot C free from such right of way granted
because of their historical value and the
to Ava.
coins silver nickel content. The following

filed legal claims over the notes and coins:
(i). Adam, as finder;
Hidden Treasure (2008)

(ii). Blas, as owner of the property where
No. VIII. Adam, a building contractor, was
they were found;
engaged by Blas to construct a house on a

Page 73 of 180
made on the property of another, or of

(iii). Bank of the Philippine Islands, as
the State and by chance, one-half of it
successor-in-interest of the owner of the
shall belong to the finder who is not a
vault; and
trespasser (Art. 438, Civil Code). In the
(iv). The Philippine Government because of

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

does not appear. Given the age and
importance of the items found, it would
be safe to consider the vault, notes and
coins
abandoned
by
BPI
and
its
predecessor (Art. 439, Civil Code). It

belongs to the owner of the land on
which it is found. When the discovery is
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)
constituted the document in which it
must appear in writing, even in private
appears be recorded. If the instrument is
one. However, the requirement is not for
not
validity of the contract, but only for its
nevertheless valid and binding between
greater efficacy.
the parties. Hence, for validity of both
recorded,
the
mortgage
is
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.
or
transmission
of
real
rights
over
2125 of the Civil Code, requires that in
immovable property must be in a public
Page 75 of 180
intention to become the owner thereof.

document for greater efficacy and a real
Possession, on the other hand, is the
estate mortgage is a real right over
holding of the thing or an enjoyment of a
immovable property.
Occupation vs. Possession (2007)

No.I. Distinguish the following concepts:
(A). Occupation v. possession. (5%)
SUGGESTED ANSWER:
Occupation
is
an
original
mode
of
acquiring ownership (Art. 712, NCC).

Things appropriable by nature which are
without an owner, such as animals that
are the object of hunting and fishing,
hidden
treasure
and
abandoned
movables, are acquired by occupation

(Art. 713, NCC). However, ownership of a
piece of land cannot be acquired by
occupation (Art. 714, NCC).
ALTERNATIVE ANSWER:
Occupation
is
mode
of
acquiring
dominion by the seizure of corporeal

things which have no owner, with the
intention of acquiring the ownership
thereof.
It
is
an
original
mode
of
acquiring ownership upon seizure of a

res nullius by the occupant who has the
right. Possession may be the real right of

possession or jus possessiones or it can
be merely the right to possess or jus
possedendi, which are among the basic

rights of ownership. If the real right of
(D). The renunciation by a co-owner of his
possession is possession in the concept
undivided share in the co-owned property
of
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
to contribute to taxes and expenses for the

preservation of the property constitutes
dacion en pago. (1%)
SUGGESTED ANSWER:
ordinary or extraordinary prescription
True, Under the Civil Code, a co-owner
and whether the property is movable or
may renounce his share in the co-owned
immovable.
property in lieu of paying for his share in

the
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
portion
on
which
his
constructed.
At
that
time,
house
the
constructed was valued at P350.000.
was
house
(A). Can Cathy lawfully ask for demolition of

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
(B). Can Bobby legally insist on purchasing
that "alterations include any act of strict
the land? (2%)
Page 77 of 180
that
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
and
structures
which,
though floating, are intended by their
SUGGESTED ANSWER:
No.
"docks
were
planted.
The
platform was tethered to a ship, the MV

101, which was anchored to the seabed.
Please briefly give the reason for your
answers. (10%)
(A).Is the platform movable or immovable
property?
SUGGESTED ANSWER:
The platform is an immovable property
under Art. 415 (9) NCC, which provides
hence, it remains a movable property. If

nature and object to remain at a fixed
the intention was to make the platform
place on a river, lake or coast." Since the
stay permanent where it was moored, it
floating
would not have been simply tethered to a
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
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
because it is attached to a movable
property,
i.e.
the
vessel
which
was
merely anchored to the seabed. The fact

that the vessel is merely anchored to the
sea
bed
only
shows
that
it
is
not
are immovable property under Art. 415

(3) NCC, classifies as an immovable
"everything attached to an immovable in
a fixed manner, in such a way that it
cannot be separated therefrom without
breaking the material or deterioration of
intended to remain at a fixed place;

Page 78 of 180
(C). Are the trees, plants and flowers

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,
property.
it
remains
movable
immovable or movable property?

SUGGESTED ANSWER:
immovable.
The
platform
is
not
an
The trees, plants and flowers planted in
immovable property for the same reason
the garden area of the platform are
already given in the Alternative Answer
immovable property under Art. 415 (2)
to Item (a) above.
NCC which classifies as an immovable

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.
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

the garden area of the platform are
movable property because they are not
1990, leaving behind his wife and three

children,
one
of
whom,
Julian,
is
naturalized Filipino citizen. Six years after

Chuas
death,
the
heirs
executed
an
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
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
(2.) Properties for public use or public
extra-judicial partition of the estate, is
service;
now the owner of the property. The

defect in ownership of the property of
Julians alien father has already been
(3.)
Inalienable
lands
of
the
public
domain;
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
citizen (Halili v. CA, 287 SCRA 465,
(5.) All lands not classified as alienable

and disposable.
ALTERNATIVE ANSWER:
[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
to the public domain, and can only be

(Municipality of Antipolo v. Zapanta, 133
acquired by lease if not needed by the
SCRA 820, 1986; Martinez v. CA, 56
government for public or quasi-public
SCRA 647, 1974; Navera v. Quicho, 5
purposes.
SCRA 454, 1962).

(2.) Lands proclaimed or classified as
forest, timberlands, mineral lands and
national parks. Under Sec 2, Art XII,
Constitution of the Philippines, these
lands are inalienable.
(3.) Lands that are reserved by law or
Presidential proclamation for military,
civic or quasi-public purpose, Under Sec
88, Chapter XII of the Public Land Act,
such lands shall be inalienable and shall
not be subject to occupation, entry, sale,
lease or other disposition.
(4.) In general, all lands of the public
domain that has not been classified as
alienable and disposable under the Public
Land Act.
(5.) Lands that form part of the seabed,
riverbed or lakebed. These lands are not
susceptible to private appropriation.
(6.) Foreshore lands is that strip of land
that lies between the high and low water
marks
and
alternately
wet
and
dry
according to the flow of the tide belong
on the property. Anthony is not aware of the

(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
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.
Public Land Act.

(A). Can Anthony acquire ownership of the
property by acquisitive prescription? How
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
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
purposes, and religiously paid all taxes due

Page 81 of 180
Yes,
Carlos
can
appropriate
only
faith because he was not aware of the
portion of the standing crops on the
defect in Bert's title (Art. 526, Civil
property once he recovers possession.
Code). As such, Anthony can acquire
Anthony being a possessor in good faith,
ownership and other real rights over

immovable
property
through
open,
continuous possession of 10 years (Art.

1134, Civil Code). Anthony needs nine
(9) more years of possession, in addition
to his one (1) year of possession in good
faith.
(B).If Carlo is able to legally recover his
property,
can
he
require
Anthony
to
account for all the fruits he has harvested

from the property while in possession? (2%)
SUGGESTED ANSWER:
If Carlo is able to legally recover his
property, he cannot require Anthony to
account for all the fruits harvested from
the property. Anthony is entitled to the
fruits harvested in good faith before his
possession was legally interrupted (Art.
544, Civil Code).
(C).If there are standing crops on the
property when Carlo recovers possession,
can Carlo appropriate them? (2%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
shall have a right to a part of the
Yes, it prescribes in five (5) years. If the
expenses of cultivation, and to a part of
real property mortgaged
is judicially
the net harvest of the standing crops,
foreclosed,
for
both in proportion to the time of the
foreclosure should be filed within a
possession (Art 545, Civil Code).
period of ten (10) years. The request for
the
action
judicial
issuance of a writ of possession should

be filed upon motion of the winning
Prescription; Judicially Foreclosed Real
bidder within five (5) years after the
Property Mortgage (2012)
judgment of foreclosure. The writ of
No.IX.a) Does the right to request for the

issuance of a writ of possession over a
possession is an order commanding the

sheriff to place a person named therein
foreclosed real property prescribe in five (5)
in possession of real property (BPI v.
years? (5%)
Icot. G.R. No. 168081, Oct 12, 2009).
Page 82 of 180
Bank
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
registered
the
Sheriff's
Deed
of
Conveyance in the day book of the Register
bought the property. Thus, Dehlma is a

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

Page 83 of 180
manual containing a summary of the

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
and
development,
whether developed, semi-developed or raw

land. The management of Bedrock asks you
as the company counsel to prepare a
pertinent laws and regulations relating to
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
land is Act 496 of 1902 as amended by
(A). What is the governing law? (5%)
PD 1529, otherwise known as Property

SUGGESTED ANSWER:
The
governing
law
Registration Decree of June 11, 1978.

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

description of the law.]
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
to what action to take on an instrument
owner's duplicate certificate of title.
presented for registration.
(9.)
R.A.
No.
reconstitution
26
of
governs
lost
or
judicial
destroyed
originals of the certificate of title.

(10.)
R.A.
No.
6732
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
urged that the land itself is not the

immediately took possession by fencing off
object of the litigation, the annulment of
the property's entire perimeter.
marriage, if granted, will carry with it
Desperately needing money to pay for his

mounting legal fees and his other needs
and despite the transfer to Atty. Cruz,
Richard offered the same parcel of land for
sale to the spouses Garcia. After inspection
of the land, the spouses considered it a
good investment and purchased it from
Richard. Immediately after the sale, the
spouses
Garcia
commenced
the
construction of a three-story building over

the land, but they were prevented from
doing this by Atty. Cruz who claimed he has
a
better
right
in
light
of
the
prior
conveyance in his favor.

Is Atty. Cruz's claim correct? (8%)
SUGGESTED ANSWER:
No. Atty. Cruz is not correct. At first
glance, it may appear that Atty. Cruz is
the one who has the better right because
he first took possession of the property.
However, a lawyer is prohibited under
Art
1491
of
the
Civil
Code
from
acquiring the property and rights which

may be the object of any litigation in
which they may take part by virtue of
their profession. While the suit is for
annulment of marriage and it may be
property
of
the
community
or
the
absolute
conjugal property without the consent of
community or conjugal partnership of
the other spouse is void (Art 96 and Art
the spouses as the case may be (Art. 50
124, Family Code).
the
liquidation
of
the
in relation to Art 43 of the Family Code).

Richard purchased the land with his
lotto winnings during the pendency of
the suit for annulment and on the
assumption
governed
that
by the
community
parties
are
regime of absolute
in a 1 000-square meter property where he

grew
up
helping
his
father,
Michael,
cultivate the land. Michael has lived on the
winnings from gambling or betting will
property since the land was opened for
form part thereof. Also, since the land is
settlement
part
or
Commonwealth government in 1935, but
and
for some reason never secured any title to
Rica, it may not be sold or alienated
the property other than a tax declaration in
without the consent of the latter and
his name. He has held the property through
conjugal
the
conjugal
No.X. Manuel was born on 12 March 1940
partnership,
of
or
the
Registration; Requisites; Proof (2013)
absolute
partnership
community
of
Richard
at
about
the
time
of
the
any disposition or encumbrance of the

Page 86 of 180
has
been
in
open,
the years in the concept of an owner and
notorious
his stay was uncontested by others. He has
thereof under bona fide claim of
also conscientiously and continuously paid

the realty taxes on the land.
Michael died in 2000 and Manuel - as
Michaels only son and heir -now wants to
secure and register title to the land in his
own name. He consults you for legal advice
as he wants to perfect his title to the land
and secure its registration in his name.
(A) What are the laws that you need to
consider in advising Manuel on how he can
perfect his title and register the land in his
name? Explain the relevance of these laws
to your projected course of action. (4%)
SUGGESTED ANSWER:
(Note:
With
all
due
respect,
it
is
recommended that the examiner accept and

give full credit to any of the answers given in
each of the following paragraphs.)
I
would
advice
Manuel
to
file
an
application for registration under Sec 14

of Pres. Decree No. 1529, or the Property
Registration Decree (PRD), specifically
Sec14 (1) which requires (a) that the land
applied for forms part of the alienable
and disposable (A & D) portion of the
public domain, and (b) that the applicant
possession
continuous
and
and
occupation
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
(B) What do you have to prove to secure

Aquino, G.R. No. L-33983, January 27,
1983).
Manuel may also invoke vested rights
acquired under Rep. Act. No. 1942, dated
June 2, 1957, which amended Sec. 48 (b)
of the PLA by providing for a prescriptive
period
of
thirty
years
for
judicial
confirmation of imperfect title. It must

only be demonstrated that possession
and occupation commenced on January
24, 1947 and the 30-year period was
completed prior to the effectivity of PD
No. 1073 on January 25, 1977. PD No.
1073
now
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.
amended).
118,
CA
No.
141,
as
Manuel's
objectives
and
documentation are necessary? (4%)

SUGGESTED ANSWER:
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,
the
land
cultivating
for
the
taxation
land
purposes
and
and
March 12, 2008). Accordingly, he must
paying realty taxes, all of which are
show that ht eland is already classified
corroborative proof of possession.
as A & D at the time the application for

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.
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
Manuel may tack his possession to that
Lands v. CA and Iglesia ni Cristo, G.R.
of his predecessor-in-interest (Michael)
No. L-56613, March 14, 1988).
by the testimony of disinterested and

knowledgeable eyewitnesses. Overt acts
of possession may consist in introducing
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
(d).
against Atty. Tan:
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

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

the facility in 18 months, at the total
SUGGESTED ANSWER:
contract price of P10 million. XY Corp. paid
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

account with Filipino Universal Bank in the

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

(A). A clause in an arbitration contract
obtained a loan from the same bank in the
granting one of the parties the power to
amount of P1,200,000.00, payable in twelve
choose more arbitrators than the other
monthly installments. Sarah issued in favor
renders the arbitration contract void. (1%)
of the bank post-dated checks, each in the

amount of P100,000.00, to cover the twelve
SUGGESTED ANSWER:
monthly installment payments. On the
True. The Civil Code provides that Any
third,
clause giving one of the parties power to
corresponding checks bounced.
fourth
and
fifth
months,
the
choose more arbitrators than the other

is void and of no effect (Art 2045, NCC).
Obligations
Extinguishment; Compensation (2009)
The
bank
then
declared
the
whole
obligation due, and proceeded to deduct the

amount of one million pesos
(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
which
XYZ
leased
from
him.
Recardo as co-signatory. In the PN, they
the amount compensated.
both
acknowledged
that
they
are
A bank deposit is a contract of loan,
"individually and collectively" liable and
where the depositor is the creditor and
waived the need for prior demand. To
the bank the debtor. Since Sarah is also

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
secure the PN, Recardo executed a real

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
liquidated but only up to the extent of
PN
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
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
after
applying
the
rentals,
XYZ
liable, his liability should not go beyond

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
the amount of P300,000.00. The bank,
extinguishing the security since he did not
therefore, may deduct P300,000.00 from
give his consent (as owner of the property
Sarahs
under the real estate mortgage) thereto.
bank
compensation.
deposit
by
way
of
(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,
XYZ
(C). Does Recardo have basis under the

Civil Code for claiming that the original
contract was novated? (2%)
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
debt is not a valid tender of payment and

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
may be refused receipt by the oblige
is sufficient to compel redemption but is

or creditors (Philippine Airlines v. CA
not in itself a payment that relieves the
and
L-49188,
redemptioner from his liability to pay
1990). Mere delivery of checks does not
the redemption price (Biana v. Gimenez,
discharge
G.R. No. 132768, Sept 9, 2005, citing
Amelia
Tan,
the
G.R.
No.
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
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
period. Whether redemption is being
right of redemption be exercised by
made under Art. 3135 or under the
delivery of legal tender. A check may be
General Banking Law, the mortgagor or
used
his
for
the
exercise
of
right
of
assignee
is
required
to
tender
redemption, the same being a right and
payment to make said redemption valid
not an obligation. The tender of a check
(Heirs of Quisumbing v. PNB and SLDC,

G.R. No. 178242, Jan 20, 2009).
Page 94 of 180
had become stale. Gustavo now wants

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
$100
from
Gustavo in 1998, when the Phil P - US$

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
Felipe to pay him in cash the amount of

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,
having accepted the check in March, and
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:
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
both
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.

acknowledged
that
they
are


PN
after
applying
the
rentals,
XYZ

(B). Can Recardo's property be foreclosed to
pay the full balance of the loan? (2%)
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
charge
of
the
agency
or
the solidary debtors (Art. 1207, Civil
management of the business or property
Code).
of another without any power from the
Obligations; Without Agreement (2007)

No.V. What are obligations without an
agreement"?
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
support, it is given by a stranger, the

latter, is obliged to continue the same
latter shall have a right to claim the
until the termination of the affair and its
same from the former, unless it appears
incidents,
or
person
that he gave it out of piety and without
concerned
to substitute him, if the
intention of being repaid (Art. 2164,
to
require
the
owner is in a position to do so (Art.

2144, NCC).
NCC).
Fourth
example,
is
when
through
solutio
accident or other causes a person is
to
an
injured or becomes seriously ill, and he
obligation without an agreement. This
is treated or helped while he is not in a
refers to the obligation to return which
condition to give consent to a contract,
arises when something is received when
he shall be liable to pay for the services
there is no right to demand it, and it was
of the physician or other person aiding
unduly delivered through mistake (Art.
him,
2154, NCC).
rendered out of pure generosity (Art.
Second
example,
indebiti
may
also
case
give
of
rise
unless
the
service
has
been
2167, NCC).
Third example, is when without the
knowledge of the person obliged to give
Page 97 of 180
a trust against one who, by fraud, duress

Fifth instance of an obligation without
or abuse of confidence, obtains or holds
an agreement is when the person obliged
the legal right to property which he
to support an orphan or an insane or

other indigent person unjustly refuses to
give support to the latter, any third
person may furnish support to the needy
individual, with right of reimbursement
from the person obliged to give support.
The provisions of this article apply when
the father or mother of a child under
eighteen years of age unjustly refuses to
support him (Art. 2166, NCC).
Trust
Trust De Son Tort (2007)
No.III. Explain the following concepts and
doctrines and give an example of each:
trust de
(A).
concept
of
tort (constructive trust) (5%)
son
SUGGESTED ANSWER:
A constructive trust is a trust NOT
created by any word or phrase, either
expressly or impliedly, evincing a direct
intention to create a trust, but is one
that
arises
in
order
to
satisfy
the
demands of justice. It does not come

about by agreement or intention but
mainly operation of law and construed as
provides: "If an absolute conveyance of

good
property is made in order to secure the
conscience, to hold (Heirs of Lorenzo Yap
performance of an obligation of the
v. CA, 371 Phil 523, 1991). The following
grantor toward the grantee, a trust by
are examples of constructive trust: 1.
virtue
Art.
"If
fulfillment of the obligation is offered by
property is acquired through mistake or
the grantor when it becomes due, he
fraud, the person obtaining it is, by force
may demand the reconveyance of the
of law considered a trustee of an implied
property to him." 4. Art 1455 NCC which
trust for the benefit of the person for
provides: "When any trustee, guardian or
whom the property comes." 2. Art 1451
any
NCC which provides: "When land passes
relationship uses trust funds for the
by succession through any person and he
purchase
causes the legal title to be put in the
conveyance to be made to him or to
name of another, a trust is established
third person, a trust is established by
by implication of law for the benefit of
operation of law in favor of the person to
the true owner." 3. Art 1454 NCC which
whom the funds belong."
ought
not,
1456
in
NCC
equity
which
and
provides:
of
law
person
of
is
established.
holding
property
and
If
the
fiduciary
causes
Page 98 of 180
business of buying and selling large cattle.
Sales
Condominium
Act;
In order to secure the financial capital, she
Partition
of
is
Condominium (2009)
No.XVIII.
The
Ifugao
Arms
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
No.VI. (b) Eulalia was engaged in the
restoration
of
the
condominium project (Sec 8 [b], Republic

Act No. 472 Condominium Act).
Mortgage; Equitable Mortgage (2012)
mortgage for the purpose of securing the

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
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
The contract between Domeng Bandong
Eulalia. She sold the property to her
and Eulalia was an equitable mortgage
grandneice
thereafter
rather than a contract of sale. The
instituted an action for ejectment against
purported deed of sale was actually
Jocelyn
who
the Spouses Bandong.
intended to merely secure the payment
To assert their right, Spouses Bandong filed
of the shortage incurred by Domeng in
an action for annulment of sale against
the
Eulalia and Jocelyn alleging that there was
operations. Under Art 1602, Civil Code,
no
sale
intended
but
only
conduct
of
the
cattle-buying
equitable
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
Yes. Marcelo has a cause of action

offering P800,000 in ready cash for the
against Sergio.
land. When Roberto confirmed that he

could pay in cash as soon as Sergio could
Under Art. 1324, when the offerer has
get
Sergio
allowed the offeree a certain period to
decided to withdraw his offer to Marcelo,
accept, the offer may be withdrawn at
the
documentation
ready,
hoping to just explain matters to his friend.

Marcelo,
withdrawal
however,
objected
when
the
was communicated to him,
taking the position that they have a firm

and binding agreement that Sergio cannot
simply walk away from because he has an
option to buy that is duly supported by a
duly accepted valuable consideration.
any
time
before
acceptance
by
communicating such withdrawal, except

when
the
option
consideration,
as
is
founded
something
upon
paid
or
promised.
An accepted unilateral promise to buy or
sell a determinate thing for a price
(A) Does Marcelo have a cause of action
certain
against Sergio? (5%)
promise is supported by a consideration
SUGGESTED ANSWER:
is binding upon him if the
distinct from the price (Art. 1479).
Page 100 of 180
of sale for the real property. Therefore,

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
Art. 1403 does not apply.
ALTERNATIVE ANSWER:
The
Statute
of
Frauds
covers
an
agreement for the sale of real property
No. Sergios claim has no legal basis.
Such
The contract of sale has already been
agreement is unenforceable by action,
partially executed which takes it outside
unless
or
the ambit of the Statute of Frauds is
memorandum, thereof, be in writing,
applicable only to executory contracts,
(Art. 1403 (e), Civil Code). Here, Marcelo
not to contracts that are totally or
and
partially performed (Carbonnel v. Poncio,
or
of
an
the
Sergio
Option
interest
same,
or
merely
Contract,
therein.
some
entered
which
note
into
refers
an
to
G.R. No. L-11231, May 12, 1958).
unilateral promise to buy or sell, which

need not be in writing to be enforceable
(Sanchez v. Rigos, G.R. No. L-25494,
Right of First Refusal; Lessee; Effect
June 14, 1972, citing Atkins, Kroll and
(2008)
Co.
Inc.
v.
Cua
Hian
Tek
and
Southwestern Sugar & Molasses Co. v.

Atlantic Gulf & Pacific Co.).
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
that the mother is not a third party, this

monthly, payable annually in advance. The
would make her privy to the agreement
contract stipulated that it may be renewed
of Dux and Iris, aware of the right of first
for another 2-year period upon mutual

agreement of the parties. The contract also
granted Iris the right of first refusal to
purchase the property at any time during
the lease, if Dux decides to sell the property
at the same price that the property is
offered for sale to a third party. 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
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
(IVa) Resolve Boboy's claim that as a builder

in good faith, he should be
Lease
Builder;
Good
Faith;
Useful
Improvements (2013)
No.IV.Anselmo is the registered owner of a
land and a house that his friend Boboy
occupied for a nominal rental and on the
condition that Boboy would vacate the
property
on
demand.
With
Anselmo's
knowledge, Boboy introduced renovations

consisting of an additional bedroom, a
covered veranda, and a concrete block
fence, at his own expense.
Subsequently, Anselmo needed the property
as his residence and thus asked Boboy to
vacate and turn it over to him. Boboy,
despite an extension, failed to vacate the
property, forcing Anselmo to send him a
written demand to vacate.
In his own written reply, Boboy signified
that he was ready to leave but Anselmo
must first reimburse him the value of the
improvements
he
introduced
on
the
property as he is a builder in good faith.

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

mere lessee. Boboy responded by removing
the improvements and leaving the building
in its original state.
As Boboy is a lessee of the property,

reimbursed the value of the improvements
even if he was paying nominal rental,
he introduced. (4%)
Art. 1678, Civil Code, is applicable.

Under this provision, if the lessee makes,
SUGGESTED ANSWER:
in
Boboys claim that he is a builder in

good faith has no basis. A builder in good
faith
is
someone
who
occupies
the
property in concept of an owner. The

provisions
on
builder-planter-sower
under the Civil Code cover cases in

which the builder, planter and sower
believe themselves to be owners of the
land, or at least, to have a claim of title
thereto.
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
time.
Should
the
lessor
refuse
to
reimburse said amount, the lessee may

remove the improvements, even though
the principal thing may suffer damage
thereby.
Page 103 of 180
when the term of their lease shall have

(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
suffer
removing
Boboy
though
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,
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
the existence of the lease because the
contract of sale on her behalf.
still
registered
an Agent (2010)
and
is
not
Agency; Sale of a Real Property through
not
an
building was already occupied by the

tenants
at
the
time
he
bought
it.
Y thus sold the land to B1 on March 31,

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
inscribed in the Registry of Deeds, the

B2, unaware of the sale of the land to B1,
case is governed by Art 1544 of the New
signified to Y his interest to buy it but
Civil Code which provides that in case of
asked Y for her authority from X. Without

informing X that she had sold the land to
B1, Y sought X for a written authority to
sell.
X e-mailed Y an authority to sell the land. Y
thereafter sold the land on May 1, 2001 to
B2 on monthly installment basis for two
years, the first installment to be paid at the
end of May 2001.
Who between B1 and B2 has a better right
over the land? Explain. (5%)
SUGGESTED ANSWER:
B-2 has a better title. This is not a case
of double sale. Since the first sale was
void. The law provides that when a sale
of a piece of land or any interest therein
is through an agent, the authority of the
latter shall be in writing; otherwise, the
sale shall be void (Art 1874, NCC). The
property was sold by Y to B1 wihtout any
written authority from the owner X.
Hence, the sale to B1 was void.
ALTERNATIVE ANSWER:
Under the facts, B-1 has a better right to
the land. Given the fact that the Deed of
Sale in favor of B-1 and B-2 are not
extinguishing right to real property not

double sales of an immovable property,
registered under Act 496 shall be valid
the
the
except as between the parties. Thus, the
person who is in good faith was first in
Deed of Sale of B-2 has no binding effect
possession and in the absence thereof to
on B-1.
ownership
shall
pertain
to
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
1829, 1835, par 2, NCC; Testate Estate

demanding
for
the
payment
of
their
464 [1925]). However, the liability of Cs
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,
of Mota v. Serra, 47 Phil
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
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

or a real right, an oral contract of
Oral Partnership (2009)
partnership is void. In such a case, the
contract of partnership to be valid, must
statement
be in a public instrument ( Art. 1771
is
true,
or
FALSE
if
the
,NCC
property signed by the parties must be
(C). An oral partnership is valid. (1%)
),
and
the
inventory
of
said
attached to said public instrument (Art.

1773, NCC).
SUGGESTED ANSWER:
TRUE.
Partnership
is
consensual
ALTERNATIVE ANSWER:
contract, hence, it is valid even though

not in writing.
Page 106 of 180
the existence of a partnership. Do you

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
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
from the partnership business during the
life of the partnership period. If he is a
limited partner, however, he may ask for
the
return
of
his
contributions
by Villanueva in cash and checks. The total

amount Villanueva paid accumulated to P
1, 200, 000.00. Upon advice of her lawyer,
Villanueva demanded for the return of the
excess amount of P 660, 000.00 which was
ignored by Siga-an.
as
provided in Art 1856 and 1857, Civil
(1) Is the payment of interest valid? Explain.

(3%)
Code.
SUGGESTED ANSWER:
Commodatum & Mutuum

Mutuum;
Siga-an demanded interest which was paid
Interest;
Solutio
Indebiti
No, Art. 1956, Civil Code, provides that

no interest shall be due unless it has
(2012)
been expressly stipulated in writing.

No.VI.a)
Siga-an
granted
loan
to
Villanueva in the amount of P 540, 000.00.
(2) Is solution indebiti applicable? Explain.

(2%)
Page 107 of 180
promise
answer
for
the
debt,
or
miscarriage of another, the Statute of
SUGGESTED ANSWER:
Frauds requires it to be in writing to be

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

if
the
principal
debtor
cannot
pay;
whereas, in suretyship, the undertaking

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

each)
(A).
pay .
(3) In guranty, the guarantor is entitled
What
is
the
difference
between
"guaranty" and "suretyship"?

SUGGESTED ANSWER:
Guaranty and Suretyship distinguished
to the benefit of excussion; whereas, in

suretyship the surety is not entitled.
(4) Liability in guaranty depends upon
an independent agreement to pay the
obligations of the principal if he fails to
do so; whereas, in suretyship, the surety
assumes liability as a regular party.
Page 108 of 180
by the pledgee of the thing pledged in

(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
case of default by the pledgor.
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
the contract of pledge is valid, the
in
accordance
with
the
Torts and Damages

Damages (2012)
No.I. a) Roberto was in Nikko Hotel when he
bumped into a friend who was then on her
stipulation authorizing the pledgee to
way to a wedding reception being held in
immediately sell the thing pledged is
said hotel. Roberto alleged that he was then
void under Art 2088 of the New Civil
invited by his friend to join her at the
Code, which provides that the creditor
wedding reception and carried the basket
cannot appropriate the things given by
full of fruits which she was bringing to the
way of pledge or mortgage, or dispose of
affair. At the reception, the wedding
Page 109 of 180
that exposed Roberto to unnecessary

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
ridicule or shame, his action will
finding. In the contrary, the problem

prosper. Otherwise, Robertos action will
states that it is a mere allegation.
not prosper.
The hotel is liable for the wrongful acts
of its employees.
Damages; Moral & Exemplary (2009)

COMMENT:
The facts of the problem are almost
similar to the facts of Nikko Hotel
Manila
Garden
v.
Reyes,
G.R.
No.
154259, Feb 28, 2005. In the said case,

however, there is a categorical finding
that the hotel employee did not, exposed
the complainant to the ridicule, shame
or
embarrassment;
hence,
did
not
expenses
in
delivering
the
child
by

Rodolfo
promised
to
marry
her,

commit any abuse of right. The present

problem makes no statement of that
Page 110 of 180
thereby imposed higher taxes), which the

(A). If you were the judge, would you award
all the claims of Nanette? Explain. (3%)
SUGGESTED ANSWER:
If Rodolfo's marriage could not have
been possibly known to Nanette or there
is no gross negligence on the part of
Nanette, Rodolfo could be held liable for
moral damages.
If there is gross negligence in a suit for

quasi-delict,
exemplary
could
be
awarded.
Damages; Public Officers acting in the

Performance of their Duties (2012)
No.II.a) Liwayway Vinzons-Chato was then
the
Commissioner
of
Internal
Revenue
while Fortune Tobacco Corporation is an

entity
engaged
in
the
manufacture
of
different brands of cigarettes, among which

are
"Champion,"
"Hope,"
and
"More"
cigarettes.
Fortune filed a complaint against 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
civil liability, Rommel is subsidiarily

cannot
be
held
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
liable for the damage awarded against
Yes, my answer will be the same except

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

is inside the vehicle, he becomes liable
(B).Would your answer be the same if
only when it is shown that he could have
Rommel was in the car at the time of the
prevented the misfortune by the use of
accident? Explain. (2%)

SUGGESTED ANSWER:
due diligence (Art. 2184, NCC). For the

owner to be held liable, the burden of
Yes, my answer would be the same.
proving that he could have prevented
Rommel, who was in the car, shall be
the misfortune rests on the shoulder of
liable for damages if he could have
the victim.
prevented the misfortune by the use of

due diligence in supervising his driver
but failed to exercise it (Art. 2184, NCC).
Doctrine of Discovered Peril (Last Clear
In such case, his liability is solidary with
Chance) (2007)
his driver.
ALTERNATIVE ANSWER:
No.III. Explain the following concepts and

doctrines and give an example of each:
Page 112 of 180
No.XIV. Primo owns a pet iguana which he

(B). doctrine of discovered peril (last clear
keeps in a man-made pond enclosed by a
chance) (5%)
fence situated in his residential lot. A
SUGGESTED ANSWER:
The doctrine of last clear chance states
that where the plaintiff was guilty of
prior or antecedent negligence, but the
defendant,
who
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)
in case the damage should come from

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

iguana, drawing the iguana to move toward
him. N panicked and ran but tripped on
something and suffered a broken leg.
Liability;
Special
Parental
Authority
(2010)
Is anyone liable for Ns injuries? Explain.

(4%)
No.XII. On May 5, 1989, 16-year old

Rozanno, who was issued a student permit,
SUGGESTED ANSWER:
No one is liable. The possessor of an
animal or whoever may make use of the
same is responsible for the damage it
drove to school a car, a gift from his

parents. On even date, as his class was
scheduled to go on a field trip, his teacher
requested him to accommodate in his car,
as he did, four (4) of his classmates
may cause, although it may escape or be

lost. This responsibility shall cease only
Page 113 of 180
principally liable under Art 221 (FC), if

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
they are negligent.
the middle of 1994, Rozanno have been

(B). How about the damage to the jeepney?
21 years old at the time. Hence, he was
Explain. (2%)
already of legal age. The law reducing the

age of majority to 18 years took effect in
SUGGESTED ANSWER:
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.
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
(C). Under the same facts, except the date of
school or his parents were themselves
occurrence of the incident, this time in
also
mid-1994, what would be your answer?
contributed to the happening of the
Explain. (2%)
incident. In that event, the school or his
SUGGESTED ANSWER:
negligent
and
such
negligence
parents are not liable under Art 218, 218

or 221 of the Family Code, but will be
Since Rozanno was 16 years old in 1989,

if the incident happened sometime in
Page 114 of 180
evidence
liable under general provision on the
Civil Code on quasi-delict.
Quasi-Delict; Claims; Requisites (2013)

No.II. A collision occurred at an intersection
involving a bicycle and a taxicab. Both the
bicycle rider (a businessman then doing his
morning
exercise)
and
the
taxi
driver
claimed that the other was at fault. Based

on the police report, the bicycle crossed the
intersection first but the taxicab, crossing
at a fast clip from the bicycle's left, could
not brake in time and hit the bicycle's rear
wheel, toppling it and throwing the bicycle
rider into the sidewalk 5 meters away.
The bicycle rider suffered a fractured right
knee, sustained when he fell on his right
side on the concrete side walk. He was
hospitalized
and
was
subsequently
operated on, rendering him immobile for 3

weeks and requiring physical rehabilitation
for another 3 months. In his complaint for
damages, the rider prayed for the award
ofP1,000,000 actual damages,P200,000
moral
damages, P200,000
damages, P1 00,000 nominal
exemplary
damages
and P50,000 attorney's fees.
Assuming the police report to be correct

and as the lawyer for the bicycle rider, what
(documentary
and
testimonial)
and legal arguments will you present in
The case clearly involves quasi-delict

court to justify the damages that your client
where
my
claims? (8%)
suffered
injury
negligence
SUGGESTED ANSWER:
client,
of
as
the
the
a
bicycle
result
rider,
of
the
over-speeding
taxi
driver, without fault on my clients part.
I will the base the claim of my client on

quasi-delict under Art 2176 of the Civil
Code of the Philippines. The requisites
for a claim under quasi-delict to prosper
are as follows:
To prove actual damages aside from the

testimony of client, I will present his
hospital and medical bills. Receipts paid
on
the
rehabilitation
will
also
be
presented. [The sentence in red should
(1) Act or omission, there being fault or
be replaced with the following sentence

because he is a businessman and not an
negligence;
employee. Furthermore, I will present

(2) Damage or injury; and
(3)
Causal
connection
income tax returns, contracts and other

between
damage and the act or omission.
the
documents to prove unrealized profits as

a result of this temporary injury.] I will
Page 115 of 180
eyewitness accounts, in order to support

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
the award for moral damages.

Exemplary damages may be granted if
the defendant acted in wanton,
Finally, attorneys fees may be recovered

fraudulent,
reckless,
oppressive,
or
malevolent manner. While the amount of
when exemplary damages are awarded

exemplary damages may not be proved,

the
plaintiff
entitled
damages.
to
In
must
moral
show
or
support
of
that
he
is
compensatory
this,
will
present the police report showing the

circumstance under which the accident
Quasi Tort (2010)

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

parties at the time of the accident in
order to determine whether defendant
was guilty of gross negligence.
Note: It is recommended that the examiner

exercise leniency and liberality in grading the
answers given to this question. The term quasitort is not part of legal developments in civil
law. In Philippine legal tradition, quasi-
Page 116 of 180
Quasi
-tort
is
considered
as
the
delict has been treated as the closest civil
equivalent of quasi-delict. Hence the
law equivalent of the common law tort. In
rules of the latter pertaining to persons
fact,
in
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
encyclopedia).
ALTERNATIVE ANSWER:
(Wikipedia
proximate cause of the injury ( Article

who can be held liable and their defenses
would also apply.
(c) That the plaintiff's own negligence

was the immediate and proximate cause
Those liable for quasi-delict include:

(1)
Those
2179 NCC );
tortfeasor
or
the
person
causing damage to another through fault
of his injury ( Article 2179 NCC );

(d ) That the person vicariously liable
or negligence ( Article 2176 NCC ); and
has observed all the diligence of a good
(2)
father of a family to prevent damage
Persons
vicariously
liable
under
( Article 2180 NCC ); and
Article 2180 (NCC ).
(e)
The defenses available include:
prescribed after the lapse s (Article 2179
(a) That the defendant was not negligent

or
that
he
exercised
due
diligence
( Article 2176 NCC );

(b)
That
negligent
although
his
That the cause of action has
NCC ).
The
fact
that
the
plaintiff
had
committed contributory negligence is a

the
negligence
defendant
is
not
is
partial defense (Art 2179, NCC).
the
Page 117 of 180
If all the brothers/sisters are disqualified

to inherit, the nephews/nieces inherit
MULTIPLE CHOICE
QUESTIONS
2013
Taxation
Law
Exam
MCQ (October 13, 2013)

I. Armand died intestate. His full-blood
brothers, Bobby and Conrad, and halfblood brothers, Danny, Edward and Floro,
all predeceased him. The following are the
surviving relatives:
1. Benny and Bonnie, legitimate children of
Bobby;
2. Cesar, legitimate child of Conrad;
3. Dante, illegitimate child of Danny;
4. Ernie, adopted child of Edward; and
5. Felix, grandson of Floro.
The
net
value
of
Armand's
estate
is
Pl,200,000.
I. (1) How much do Benny and Bonnie
stand to inherit by right of representation?
(1%)
(A) P200,000
(B) P300,000
(C) P400,000
(D) P150,000
(E) None of the above.
SUGGESTED ANSWER:
relationship is legitimate. Thus, Dante,

per capita, and not by right of
an illegitimate child of Danny, is barred
representation (Art 975, Civil Code)
from inheriting from Armand pursuant

to
the
iron
curtain
rule
which
I. (2) How much is Dante's share in the net
disqualifies an illegitimate child from
estate? (1%)
inheriting
(A) P150,000.
legitimate children and relatives of his
(B) P200,000.
intestao
from
the
father or mother, and vice versa (Art
(C) P300,000.
992, Civil Code).
(D) P400,000.
I. (3) How much is Ernie's share in the net

estate . (1%)
SUGGESTED ANSWER:
(A) P 0.
E. None of the above.

There is no showing that Danny is an
illegitimate
ab
half-blood
brother
of
(B) P400,000.
(C) P150,000.
(D) P200,000.
Armand. In the absence of proof to the
contrary, the law presumes that the
SUGGESTED ANSWER:
Page 118 of 180
obligation became due and demandable, C

turned out to be insolvent.
(A) 0 or (E) None of the above.

The
legal
relationship
created
by
adoption is strictly between the adopter

and the adopted. It does not extend to
the relatives of either party (Sayson v.
CA, G.R. Nos. 89224-25, Jan 23, 1992).
(Note: E. None of the above is another
answer because Ernie has no share at
all in the net estate).
I. (4) How much is Felix's share in the net

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

X for P40,000. X released D from the
payment of his share of PI 0,000. When the
(D). No, as the release of the share of one

Should the share of insolvent debtor C be
debtor would then increase the burden of
divided
the other debtors without their consent.
only
between
the
two
other
remaining debtors, A and B? (1%)
When one of the solidary debtors cannot,
(A) Yes. Remission of D's share carries with
because of his insolvency, reimburse his
it total extinguishment of his obligation to
share
the benefit of the solidary debtors.
obligation, such share shall be borne by
(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 least transmission of rights.
(D) No, as the release of the share of one
debtor would then increase the burden of
the other debtors without their consent.
SUGGESTED ANSWER:
to
the
debtor
paying
the
all his co-debtors, in proportion to the

debt of each (Art 1217, Civil Code).
Additionally, D was released only from
his share of P10,000.00 not from the
solidary tie that binds him to A, B and C.
III. Amador obtained a loan of P300,000

from Basilio payable on March25, 2012. As
security for the payment of his loan,
Amador constituted a mortgage on his
residential house and lot in Basilio's favor.
Page 119 of 180
and has resorted to all the legal remedies

Cacho, a good friend of Amador, guaranteed
against the debtor (Art. 2058, Civil Code)
and obligated himself to pay Basilio, in case
(Note: A is not the correct answer
Amador fails to pay his loan at maturity.
because it states that all the assets of
III. (1) If Amador fails to pay Basilio his loan

on March 25, 2012, can Basilio compel
Cacho to pay? (1%)
(A) No, Basilio cannot compel Cacho to pay
because as guarantor, Cacho can invoke the
principle of excussion, i.e., all the assets of
Basilio must first be exhausted.
(B) No, Basilio cannot compel Cacho to
pay because Basilio has not exhausted
the available remedies against Amador.
(C) Yes, Basilio can compel Cacho to pay
because the nature of Cacho's undertaking
indicates
that
he
has
bound
himself
solidarily with Amador.

(D) Yes, Basilio can compel Cacho who
bound himself to unconditionally pay in
case Amador fails to pay; thus the benefit of
excussion will not apply.
SUGGESTED ANSWER:
(B) No, Basilio cannot compel Cacho to
pay because Basilio has not exhausted
the available remedies against Amador.
The guarantor cannot be compelled to
pay the creditor unless the latter has
exhausted all the property of the debtor
ownership on the buyer, Diego, who must

Basilio
(the
creditor)
must
first
be
therefore consent.
exhausted)
(D) No, Basilio cannot foreclose the real
III. (2) If Amador sells his residential house
estate mortgage. To deprive the new owner
and lot to Diego, can Basilio foreclose the
of ownership and possession is unjust and
real estate mortgage? (1%)
inequitable.
(A) Yes, Basilio can foreclose the real estate
SUGGESTED ANSWER:
mortgage because real estate mortgage
(B) Yes, Basilio can foreclose the real
creates a real right that attaches to the
estate mortgage. It is binding upon Diego
property.
as the mortgage is embodied in a public
(B) Yes, Basilio can foreclose the real
instrument.
estate mortgage. It is binding upon Diego
Since
as the mortgage is embodied in a public
instrument, there is constructive notice
instrument.
to
(C) No, Basilio cannot foreclose the real
mortgaged property.
estate
mortgage.
The
sale
the
Diego,
mortgage
who
is
is
the
in
buyer
public
if
the
confers
ALTERNATIVE ANSWER:
Page 120 of 180
(C) Yes, Jose's refusal is justified. The

(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 all the ordinary and
extraordinary
expenses,
reimbursement from Cruz.
but
subject
to
principle of unjust enrichment warrants the

reimbursement of Jose's expenses.
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

expenses.
In commodatum, the bailee is obliged to
parked the car at the Mall of Asia's open

parking lot, with the ignition key inside the
car. Car thieves broke into and took the car.
pay for the ordinary expenses for the use
Is Jose liable to Cruz for the loss of the car
and preservation of the thing loaned (Art
due to Jolie's negligence? (1%)
1941, Civil Code).

Page 121 of 180
000,000. P joined as an industrial partner,

(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 ,
contributing only his services. The Articles

of Partnership, registered with the
V. (l) Assuming that the just and equitable

Securities
and
Exchange
Commission,
designated L and 0 as managing partners; L

was liable only to the extent of his capital
contribution; and P was not liable for
share of the industrial partner, P, in the

profit in 2006 amounted to P1 00,000, how
much is the share of 0, a limited partner, in
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
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
the partnership, 0 is liable as capitalist

partner.
V. (2) In 2007, how much is the share of 0,
a limited partner, in the net loss of
P500,000? (1%)
(A) P 0.
(B) P1 00,000.
(C) P125,000.
(D) P200,000.
SUGGESTED ANSWER:
(D) P200,000
A limited partner shall not become liable
a s a general partner unless, in addition
to the exercise of his rights and powers
as a limited partner, he takes part in the
control of the business (Art 1948, Civil
Code). In the absence of stipulation as to
profits and losses, the share of each
partner
in
proportionate
the
losses
shall
be
to what he may have
contributed (Art 1797).
V. (3) Can the partnership creditors hold L,

0 and Pliable after all the assets of the
partnership are exhausted? (1%)
(A) Yes. The stipulation exempting P from
losses is valid only among the partners. L is
liable because the agreement limiting his
liability to his capital contribution is not
valid insofar as the creditors are concerned.
Having taken part in the management of
Articles of Partnership embodying such

(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
stipulations serves as constructive notice to

the partnership creditors.(E) None of the
above is completely accurate.
(E) None of the above is completely
accurate.
valid. For 0, it is basic that a limited

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

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.
The
contract
contemplates an obligation with a term.

Since the delivery was made after 30 days,
could not insist that Homer accept the

tobacco leaves.
It is clear under the facts that the period

(D) No. Homer was not justified in refusing
of delivery of the tobacco leaves was not
to accept the tobacco leaves. There was no
guaranteed.
term in the contract but a mixed condition.
factors which may prevent him from
The fulfillment of the condition did not
making the delivery within a month.
depend purely on Gary's will but on other
True enough, transportation problems
factors, e.g., the shipping company and the
and government
government. Homer should comply with his

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

the
sale
other
red tape did. Such
slight delay was, thus, excusable.
refusing to accept the tobacco leaves. He
of
anticipated
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%)

parties.
Page 124 of 180
or
(A)
Yes,
Gary
can
immediately
pay
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
for
Isaac
to
the P1,000,000
simplybecause
pay
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
security
renders
the
obligation
immediately demandable. Isaac lost his

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

Pacific-Micronesian Air. In 1998, he was the
co-pilot of the airline's Flight MA916 that
mysteriously disappeared two hours after
take-off from Agana, Guam, presumably
over the Pacific Ocean. No trace of the plane
extreme surprise that registered in his face

when he also saw her. Shocked,
she
immediately fled to her hotel and post haste

returned to the country the next day. Lita
now comes to you for legal advice. She asks
you the following questions:
and its 105 passengers and crew was ever

found despite diligent search; Lito himself
VII. (l) If Lito is alive, what is the status of
was never heard of again. Lito left behind
his marriage to Lita? (1%)
his wife, Lita, and their two children.

Page 125 of 180
(A) The marriage is valid because Lita's

(A) The marriage subsists because the
marital bond has not been terminated by
death.
(B) The marriage was terminated when Lita
married Jaime.
(C) The marriage subsists because Lita's
marriage to Jaime is void.
(D) The marriage is terminated because Lito
is presumed dead after his plane has been
missing for more than 4 years.
(E) The marriage can be formally declared
terminated if Lito would not resurface.
SUGGESTED ANSWER:
(C) The marriage subsists because Lita's
marriage to Jaime is void.
For
the
purpose
of
contracting
the
subsequent marriage under Art 41 of the

Family Code, the spouse present must
institute
summary
proceeding
as
provided in the Family Code for the

declaration of presumptive death of the
absentee, without prejudice to the effect
of
the
reappearance
of
the
absent
spouse.
VII. (2) If Lito is alive, what is the status of

Lita's marriage to Jaime? (1%)
marriage to Lito was terminated upon Lito's

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

(A) An action for recovery of down
SUGGESTED ANSWER:
Any answer is correct.
Under Art 390 of the Civil Code, after an
payment paid under a rescinded oral sale

of real property.
(B) A defense in an action for ejectment that
absence of seven years, it being unknown
the lessor verbally promised to extend or
whether or not the absentee still lives,
renew the lease.
Page 126 of 180
cancel the contract, the vendee likewise

(C) An action for payment of sum of money
can file an action for the recovery of the
filed against one who orally promised to
down payment on the basis of solution
answer another's debt in case the latter
indebiti.
defaults.
(D) A defense in an action for damages that
the debtor has sufficient, but unliquidated
assets to satisfy the credit acquired when it
becomes due.
SUGGESTED ANSWER:
(A) An action for recovery of down
payment paid under a rescinded oral sale
of real property.
An oral sale of real property is an
unenforceable
contract
under
the
Statute of Frauds. Since, in the problem,

the vendee paid down payment, it takes
it out of the ambit of Statute of Frauds.
The rescission here must be in the sense
of resolution of the reciprocal obligation
arising from the contract of sale. If
rescinded (resolved) by the vendee on
account of the vendors failure to deliver
the thing sold, the parties will go back to
their status prior to the contract. If the
vendor
refuses
to
return
the
down
payment, then the vendee can file an

action to recover the down payment.
If, on the other hand, the vendor and the
vendee mutually agree to rescind i.e.
can be enforced in a court action. (Art

1403, Civil Code)
ALTERNATIVE ANSWER:
(d)
The
fact
that
debtor
has
unliquidated assets does not excuse him
(a) The recovery of the down payments
from paying his debt.
should be made in the same action for
(e) In the technical meaning of rescission
rescission. Otherwise, it would be a
under Art 1191 of the Civil Code will be
ground for dismissal under Rule 2, Sec 4
adhered to, then there is no absolutely
of Rules of Court.
correct answer. Hence, letter E is also a
(b) Lease of a real property is covered by
possible answer.
the Statute of Frauds. Furthermore, it

also consists of interest in real property.
IX. Betty entrusted to her agent, Aida,
Hence, it must be in writing. (Art 1403,
several pieces of jewelry to be sold on
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
of Frauds. It must be in writing before it
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
Page 127 of 180
reimbursed for the pawn value of the

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

pawned jewelries and after a month, Betty
discovered what Aida had done. Betty
brought criminal charges which resulted in
Aida's conviction for estafa.
Betty thereafter filed an action against
Tambunting Pawnshop for the recovery of
the
jewelries.
Tambunting
raised
the
defense of ownership, additionally arguing

that it is duly licensed to engage in the
pawnshop and lending business, and that it
accepted the mortgage of the jewelry in
good faith and in the regular course of its
business.
If you were the judge, how will you decide
the case? (1%)
(A) I will rule in favor of Betty. My ruling
is based on the Civil Code provision that
one who has lost any movable or has
been unlawfully deprived thereof may
recover it from the person in possession
of the same. Tam bunting's claim of good
faith is inconsequential.
(B)
will
rule
in
favor
of
Betty.
Tambunting's claim of good faith pales into

insignificance
in light
of the
unlawful
deprivation of the jewelries. However, equity

dictates
that
Tambunting
must
be
jewelries.
Although possession of movable property

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

legal right over the jewelries.
SUGGESTED ANSWER:
(A) I will rule in favor of Betty. My ruling
is based on the Civil Code provision that
one who has lost any movable or has
been unlawfully deprived thereof may
recover it from the person in possession
of the same. Tam bunting's claim of good
faith is inconsequential.
by the estafa committed by Aida. The

pledge of the said jewelries by Aida to
Tambunting pawnshop is void because
the pledgor is not the owner (Art 2085
(2), Civil Code). Tambuntings claim of
good faith is inconsequential, because,
aside from good faith, Tambunting must
prove also that it acquired the jewelries
at a public sale in order to be able to
retain the jewelries until reimbursed by
Page 128 of 180
dismiss, claiming that the lease on which

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.
advance
Arlene
rental
refused,
prompting Janet to file an action to recover

the payments. Arlene filed a motion to
the action is based, is unenforceable.
seek to enforce any right under the

If you were the judge, would you grant
contract of lease.
Arlene's motion? (1%)

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

to allow Arlene to retain the advance
payments
would
amount
to
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
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
because the cause of action does not

Page 129 of 180
The right of first refusal involves a

the lease period, Arlene decided to sell
transfer of interest in the real property.
Apartment No. 1 to Jun in breach of her
As such, it is covered by the Statute of
promise to Janet to grant her the right of

first refusal. Thus, Janet filed an action
seeking the recognition of her right of first
refusal, the payment of damages for the
violation of this right, and the rescission of
the sale between Arlene and Jun.
Is Janet's action meritorious? (1%)
(A) Yes, under the Civil Code, a promise to
buy
and
sell
determinate
thing
is
reciprocally demandable.
(B) No, the promise to buy and sell a
determinate thing was not supported by a
consideration.
(C) Yes, Janet's right of first refusal was
clearly violated when the property was not
offered for sale to her before it was sold to
Jun.
(D) No, a right of first refusal involves an
interest over real property that must be
embodied in a written contract to be
enforceable.
SUGGESTED ANSWER:
(D) No, a right of first refusal involves an
interest over real property that must be
embodied in a written contract to be
enforceable.
d) Juridical capacity cannot exist

without capacity to act.
Frauds under Art 1403 (2)(e) of the Civil

Code. It must be in writing in order to be
enforceable.
2.
Which
of
the
following
is
NOT
restriction on ones capacity to act?

a) Minority
2012
Taxation
Law
Exam
MCQ (October 14, 2012)
b) Marriage
c) Deaf-mute
d) Civil Interdiction
1. Which of the following is NOT included in
SUGGESTED ANSWER:
the attributes of juridical capacity?
This question should be disregarded.
a) Juridical capacity is inherent in
(NOTE: There is no correct answer among
every natural person, and therefore
the choices given. All choices are restrictions
it is not acquired.
on ones capacity to act. While Marriage is
b) Juridical capacity is lost only
the only one not mentioned in Articles 38
through death.
and 39 of the NCC as a restriction on
c) Juridical capacity is the fitness to

be the subject of legal relations.
Page 130 of 180
capacity to act, it restricts the capacity of a
b) Yes, the will is not valid under
married person in cases of adoption.)
Philippine law.
c) No, attestation clause is not an
3. This attribute or incident of a case

determine whether it is a conflict-of-laws
case or one covered by domestic law.
d)
b) Foreign element
governing
law
is
observed by the testator in executing his
d) Forum non conveniens
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
b) law of the country where the
decedent was a resident at the time
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
of his death
c) national law of the person who
died
d) law of the country where the
the
the
Note: The facts do not state the Law
c) Jurisdiction
of
No,
Spanish law.
a) Cause of action
properties
act of the testator.
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.
is
still
not
correct
because
Philippine Law does not require the testator

to sign the Attestation Clause of his will,
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
readable.
immaterial because the will is still

Page 131 of 180
b) Philippine law
b) The mere act of tearing the will
c) Indonesia law
amounts to revocation.
d) Japanese law
c) The tearing of the will may

amount to revocation if coupled
with intent of revoking it.
d) The act of tearing the will is
material.
7. Even if the applicable law is a foreign
law, a count in the Philippines may be
constrained to apply Philippine law under
any of the following instances, except:
a) when the foreign law, judgment or
contract is contrary to a sound and
important
public
policy
of
the
forum;
b) when the property subject of
the case is located outside of the
Philippines;
c)
when
the
foreign
law
or
judgment is penal in nature;

d)
when
the
foreign
law
is
procedural in nature.
8. If a will is executed by a testator who was
born
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
a) American law
b) Philippine law
9. A Japanese national and a Filipino
national entered into a contract for services
in Thailand. The services will be rendered
in Singapore. In case of breach, what law
will govern?
a) Thailand law
b) Philippine law
c) Singapore law
d) Japanese law
10. Pedro (Filipino) and his wife Jane
c) Canadian law
d) Japanese law
11. A French national revokes his will in
Japan where he is domiciled. He then
changed his domicile to the Philippines
where he died. The revocation of his will in
Japan is valid under Japanese law but
invalid under Philippine law. The affected
heir is a Malaysian 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
construction, Bill will transfer and convey

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
in
the
Philippines;
b)
may
be
probated
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
Philippines
probated
provided
in
it
the
was
executed in accordance with the

laws of the place where the will
was executed.
14. Pedro (Filipino and Bill (American)

entered
into
contract
in
Australia,
whereby it was agreed that Pedro will build

a commercial building for Bill in the
Philippines,
and
in
payment
for
the
his cattle ranch located in Japan in favor of

Pedro.
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

marriage us the necessary consequence of
the foreign divorce.)
16. What id the status of the marriage
between
Charice
and
Bugoy
under
Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
17. What is the status of the marriage
between
Charice
and
Bugoy
under
Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
18. What is the status of the marriage
between
Regine
and
James
under
Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
19. Ricky and Princess were sweethearts.
Princess became pregnant. Knowing that
Ricky is preparing for the examinations,
Marforth, a lawyer and cousin of Princess,
threatened
Ricky
with
complaint for immorality in the Supreme
the
filing
of a
Court, thus preventing him from taking
examinations unless he marries Princess.

As a consequence of the threat, Ricky
married Princess. Can the marriage be
annulled on the ground of intimidation
under Article 45 of the Family Code?
Choose the best answer.
a) Yes, because without the threat,
Ricky
would
not
have
married
Princess.
b) Yes, because the threat to enforce
the claim of Princess vitiates the
consent of Ricky in contracting the
marriage.
c) No, because the threat made by
Marforth is just and legal.
20. Audrey, single, bought a parcel of land

in Malolos City from Franco for P 1Million.
A contract was executed between them
which already vested upon Audrey full
ownership of 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?
d) No, because Marforth is not a

party to the contract of marriage
between Princess and Ricky.
Page 134 of 180
Australia, a marriage solemnized by a

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
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
married
the
to
in
Philippines
the
laws
the
in
of
consular official is valid, provided that such

marriage is celebrated in accordance with
d) Valid, because such marriage is

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,
official
because
only
solemnize
has
the
consular
authority
marriages
to
between
Filipinos.
recognized as valid in the place

where it was celebrated.
(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
b) Valid, because according to the
authority. The problem does not give a
laws of Australia, such consular
choice in case it is interpreted as an
official has authority to celebrate
irregularity thereby making all the other
the marriage.
answers wrong).
c) Voidable, because there is an

irregularity in the authority of the
consular
marriages.
official
to
solemnize
23. Separation of property between spouses

during the marriage may take place only:
a) by agreement of the spouses.
Page 135 of 180
b) If one of the spouses has given

ground for legal separation.
b) No trial shall be held without the

6-month cooling off period being
c) Upon order of the court.
observed.
d) If one spouse has abandoned the
c) The spouses will be entitled to live
other.
separately upon the start of the

trial.
24. The husband may impugn the
d) The prosecuting attorney has
legitimacy of his child but not on the
to conduct his own investigation.
ground that:
a)
the
wife
is
suspected
of27. A husband by chance discovered
infidelity.
b) the husband had a serious illness
hidden treasure on the paraphernal

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
d) The donation must be made in

29. The following constitute the different
circumstances or case of fraud which will
serves as ground for the annulment of a
marriage, except?
a) Non-disclosure of the previous
conviction by final judgment of the
other party of a crime involving
moral turpitude.
b)
Concealment
of
sexually-
transmissible disease, regardless of

its nature, existing at the time of the
marriage.
c) Concealment of drug addiction,
habitual alcoholism, homosexuality
or lesbianism existing at the time of
marriage.
d) Concealment by the wife or the
husband of the fact of sexual
relations prior to the marriage.
30. Which of the following is not a requisite

for a valid donation propter nuptias?
a) The donation must be made
before
the
celebration
of
the
shall
be
marriage.
b)
The
donation
automatically revoked in case of

non-celebration of the marriage.
c) The donation must be made in
consideration of the marriage.
favor of one or both of the future

spouses.
31. Who are illegitimate children?
a) Filiation has been recognized by

a)
Children
conceived
or
born
birth appearing in the civil register
outside a valid marriage.

b) Children born under a valid
marriage, which was later declared
void because of the psychological
incapacity of either or both of the
c) Children conceived and born
d) Children born under a valid

but
the
parents
later
obtained a legal separation.
surname of his father when his filiation is
instances, except:
c) Private handwritten instrument is

made by the father acknowledging
any
of
the
d) Affidavit by the mother stating
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
32. An illegitimate child may use the
in
father in a public document.
the name of his true father.
outside a valid marriage.
established
b) Admission of filiation by the
his filiation.
spouses.
marriage,
the father through the record of
following
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
old.
is wrong?
of the following
statements
a) 18
a) The possessor in bad faith shall
b) 21
reimburse the fruits received and
c) 15
those which the legitimate possessor
d) 16
could have received.

b) The possessor in bad faith has
35. Which of the following DOES NOT
right
result in permanent termination of parental
the
a) Death of the parents.
d) The possessor in bad faith is
penalty of civil interdiction.
entitled to a refund of useful

expenses.
36. The court, in an action filed for the
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.
and
expenses.
crime which carries with it the
a) Treats the child with excessive
gathering
entitled to a refund of ornamental
d) Conviction of the parents of a
except:
production,
c) The possessor in bad faith is not
c) Emancipation of the child.
authority commits any of the following acts,
for
preservation of the fruits.
b) Death of the child.
the parent or the person exercising parental
reimbursement
necessary expenses and those for
authority?
purpose, may suspend parental authority if
of
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
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 does

not prefer to retain them.
Page 138 of 180
41. Action to recover real property based on

b) and he may not remove the
objects for which such expenses
have been incurred.
c) and he may not remove the
objects for which such expenses
have been incurred, unless he pays
the value they may have at the time
he entered into possession.
d) but he may remove the objects for
which such expenses have been
incurred.
39. The following are the limitations on the
right of ownership imposed by the owner
himself, except:
a) Will/Succession
b) Mortgage
c) Pledge
d) Lease
40. A plenary action for the recovery of the
possession
of
real
estate,
upon
mere
allegation and proof of a better right

thereto, and without allegation of proof of
title. This action can only be brought after
the expiration of one (1) year. What action is
being referred to?
a) Accion publiciana
b) Accion reinvindicatoria
c) Accion interdictal
d) Quieting of Title
ownership. Here, the object is the recovery
43. The following things are property of

of the dominion over the property as owner.
public dominion, except:

a) ports and bridges constructed by
What action is being referred to?
the State.
b) vehicles and weapons of the
Armed Forces of the Philippines.
c) rivers.
d) lands reclaimed by the state from

the sea.
42. A summary action to recover physical

or material possession only and must be
brought within one (1) year from the time
the cause of action arises. 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
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.)
44. Which
of the following
statements
is wrong?
a) patrimonial property of the
state, when no longer intended for
public use or for public service,
shall become property of public
dominion.
b) all property of the State, which is
not
of
public
dominion,
is
patrimonial property.
c) The property of provinces, cities
and municipalities is divided into
property
for
public
use
and
patrimonial property.
d)
Property
is
either
of
public
dominion or of private ownership.

45. The
following
cannot
ask
for
the
reduction of inofficious donation, except:

a) Creditors of the deceased
b) Devisees or legatees
c) Compulsory heirs of the donor
d) The surviving spouse of the
donee.
46. Donation is perfected from the moment

---
a) the donee accepts the donation.

b) the donor executes the deed of
48. It is a conduct that may consist of

giving, doing, or not doing something.
a) Obligation
donation.
b) Juridical necessity
c) the donor knows of the donees
c) Prestation
acceptance even if the latter has
d) Contract
not received the copy of the deed

of donation.
d) the
donee
donor
has
confirms
learned
the
that
the
formers
acceptance.
47. The following are the elements of an
obligation, except:
a) Juridical/Legal Tie
b) Active subject
c) Passive subject
d) Consideration
49. It is
from lawful,
a juridical relation arising

voluntary and unilateral acts
based on the principle that no one should

unjustly enrich himself at the expense of
another.
a) Quasi-contract
b) Quasi-delict
c) Cotract
d) Delict
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
b) Fault/negligence
faithful performance of the obligation.
c) Damage/injury
a) Negligence
d) Pre-existing contract
b) Fraud
c) Delay
51. A debtor is liable for damages in case of
d) Mistake
delay if he is guilty of any of the following,

55. The following are the requisites of
except:
fortuitous event, except:
a) default (mora)
b) mistake
a) Cause is independent of the will
c) negligence (culpa)
of the debtor.
d) breach through contravention of
b)
the tenor thereof
is unforeseeable/unavoidable.
The
event
c) Occurrence renders it absolutely

52. This term refers to a delay on the part
impossible for the debtor to fulfill his
of both the debtor and creditor in reciprocal
obligation
obligations.
impossibility must be absolute not
in
normal
manner;
a) Mora accipiendi
partial, otherwise not force majeure.
b) Mora solvendi
d)
c) Compensation morae
solvendi, except:
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.
to
the
creditor.
53. The following are the requisites of mora
is
contributed
aggravation of the injury to the
d) Solution indibiti
and
Debtor
56. A debtor may still be held liable for loss

or damages even if it was caused by a
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 to be delivered is

generic.
Page 141 of 180
b) No, because the creditor may

d) The creditor is guilty of fraud,
proceed against any one of the
negligence
solidary debtors or some or all of
or
contravened
delay
the
or
tenor
if
of
he
the
obligation.
57.
Buko,
themselves
Fermin
solidarily
and
to
Toti
pay
bound
Ayee
the
amount of P 5,000.00. Suppose Buko paid

the obligation, what is his right as against
his co-debtors?
a)
Buko
cas
ask
for
reimbursement from Fermin and

Toti.
b) Buko can sue Fermin and Toti for
damages.
c) Buko can sue for rescission.
d) Buko can claim a refund from
Ayee.
58.
Buko,
Fermin
and
Toti
bound
themselves solidarily to pay Ayee the sum of

P 10,000.00. When the obligation became
due and demandable, Ayee sued Buko for
the payment of the P 10,000.00. Buko
moved to dismiss on the ground that there
was failure to implead Fermin and Toti who
are indispensable parties. Will the motion
to dismiss prosper? Why?
a) Yes, because Fermin and Toti
should have been impleaded as their
obligation is solidary.
them simultaneously.
c) No, because in solidary obligation

any one of the solidary debtors can
c) No, because a motion to dismiss
pay the entire debt.
is a prohibited pleading.
d) Yes, because Fermin and Toti
d) Yes, because Fermin and Toti will
should also pay their share of the
be unduly enriched at the expense
obligation.
of Buko.
59. Buko, Fermin and Toti are solidarily
60. Buko, Fermin and Toti are solidary
debtors of Ayee. Twelve (12) years after the
debtors
obligation became due and demandable,
300,000.00 which has fallen due. The
Buko paid Ayee and later on asked for
creditor has, however, condoned Fermins
reimbursement
entire share in the debt. Since Toti has
of
Fermins
and
Totis
shares. Is Buko correct? Why?

a) No, because the obligation has
already prescribed.
b) Yes, because the obligation is
solidary.
under
loan
obligation
of
become insolvent, the creditor makes a

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
and also of the same quality if the

latter has been stated.
d) P 150,000.00
c) That the two (2) debts are not

61. Dina bought a car from Jai and
delivered a check in payment of the same.
Has Dina paid the obligation? Why?
a) No, not yet. The delivery of
promissory
notes
payable
to
order, or bills of exchange or

other mercantile documents shall
produce the effect of payment
only when they have been cashed,
or when through the fault of the
creditor they have been impaired.
b) Yes, because a check is a valid
legal tender of payment.
c) It depends. If the check is a
managers check or cashiers check
it will produce the effect of payment.
If
its
an
ordinary
check,
no
payment.
d) Yes, because a check is as good
as cash.
62. The following are the requisites of legal
compensation, except:
a) That each of the obligors is bound
principally and that he be the same
time a principal creditor of the
other.
b) That both debts consist in a sum
of money, or if the things due are
consumable, they be the same kind,
yet due.
also to the natural consequences that flow

d) That they be liquidated and
out of such agreement.

a) Obligatory force of contracts
demandable.
b) Mutuality of contracts
63. Which
of the following
statements
is 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
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
expressly provided for in the contract but

Page 143 of 180
a)
parties but extends to the heirs, successors

in interest, and assignees of the parties,
provided
that
the
contract
involved
transmissible rights by their nature, or by

stipulation or by law.
67. It is rule which holds that the freedom
of the parties to contract includes the
freedom
to
stipulate,
provided
the
stipulations are not contrary to law, morals,

good customs, public order or public policy.
68. The following are the ways by which
innominate
contracts
are
regulated, except:
a) By the stipulation of the parties.
b)
By the general principles of
quasi-contracts and delicts

c) By the rules governing the most
analogous nominate contracts.
d) By the customs of the place.
69. An offer becomes ineffective on any of
the following grounds, except:
Death,
civil
interdiction,
insanity/insolvency of either party

before acceptance is conveyed.
specific acceptance.
d) Advertisements
b) Acceptance of the offer by the
are only
offeree.
for
invitations
not
of the offer, which becomes counter-
highest/lowest bidder,
offer.
appears otherwise.
Subject
to
make
proposals and the advertiser is
c) Qualified/conditional acceptance
d)
Bidders
matter
becomes
71.
bound
The
to
accept
the
unless it
are solemn
following
illegal/impossible before acceptance

contracts (Contracts which must appear in
is communicated.
writing), except:
70. Which
of the following
statements
a) Donations of real estate or of

movables
is correct?
if
the
value
a) Offers in interrelated contracts
exceeds P 5,000.00.
are perfected upon consent.
b) Stipulation to pay interest in
b) Offers in interrelated contracts
loans.
require a single acceptance.
c) Sale of land through an agent
c) Business
are definite
(authority must be in writing).
advertisements
offers that require
Page 144 of 180
d)
Construction contract of a74. The following are the characteristics of
building.
72.
The
following
a voidable contract, except:

a) Effective until set aside.
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
82. An obligation which is based on equity

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
and natural law is known as:

a) pure
b) valid because all of the essential

b) quasi-contract
requisites of a contract are present.
c) civil
c) unenforceable because Michael
d) natural
Fermin had no authority but he

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

a) voidable
b) rescissible
Lacas, the owner.

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

of Pascual Lacas, owner of a car, sold the
same car in the name of Mr. Lacas to Atty.
Buko. The contract between Atty. Buko and
Mr. Lacas is --a) void because of the absence of
public
instrument
where
his
authority from the principal is

oral.
c) A donation of a wrist watch
worth P 4,500.00.
consent from the owner, Mr. Lacas.

Page 146 of 180
b) If Aligada refused to deliver the

land, Balane may successfully sue
d) A relatively simulated contract

86. Which of the following expresses a
correct principle of law? Choose the best
answer.
a) Failure to disclose facts when
there is a duty to reveal them, does
not constitute fraud.
b) Violence or intimidation does not
render
contract
annullable
if
employed not by a contracting party

but by a third person.
c) A threat to enforce ones claim
through competent authority, if the
claim is legal or just, does not vitiate
consent.
d)
Absolute
simulation
of
contract always results in a void

contract.
87. Aligada orally offered to sell his twohectare rice land to Balane for P 10Million.
The
offer
was
orally
accepted.
By
agreement, the land was to be delivered

(through execution of a notarized Deed of
Sale) and the price was to be paid exactly
one-month
from
their
oral
agreement.
Which statement is most accurate?

a) If Aligada refuses to deliver the
land on the agreed date despite
payment by Balane, the latter may
not
successfully
sue
because the contract is oral.
Aligada
the contract are not transmissible

by their nature, or by stipulation or
for fulfillment of the obligation even
by provision of law.
if he has not tendered payment of
c) If a contract should contain some
the purchase price.
stipulation
c) The contract between the parties
person,
is rescissible.
d)
The
contract
between
may
of
third
demand
provided
its
he
obligor before its revocation.

d)
In
contracts
creating
real
rights, third persons who come
statements
into possession of the object of
is wrong?
a) Creditors are protected in cases of
the
contracts intended to defraud them.
thereby.
b)
favor
communicated his acceptance to the
by the parties.
of the following
he
fulfillment
the
parties is subject to ratification
88. Which
in
Contracts
take
effect
contract
are
not
bound
only
between the parties, their assign
89.
Which
phrase
most
accurately
and heirs, except in case where the
completes the statement Any third person
rights and obligations arising from
who induces another to violate his contract:
Page 147 of 180
c) Right to inherit
a) shall be liable for damages only if
he is a party to the same contract.
b) shall be liable for damages to
the other contracting party.
c) shall not be liable for damages to
the other contracting party.
d) shall not be liable for damages if
the parties are in pari delicto.
90. The requisites of succession are as
follows, except:
a) Death of decedent
b) Transmissible estate
c)
Existence
and
capacity
of
successor, designated by decedent

or law
d) Payment of Taxes
91. The characteristics of succession are as
follows, except:
a) It is a legal contract.
b)
Only
property,
rights
and
obligations to the extent of the value

of the inheritance are transmitted.
c) The transmission takes place only
at the time of death.
d) The transmission takes place
either by will or by operation of law.
92. The following rights are extinguished by
death, except:
a) Legal support
b) Parental authority
d) Agency
a) Entirely written;
b) Dated;
93. The attestation clause contains the
c) Signed by testator himself
following, except:
d) Notarized by a notary public.
a) the number of pages used;

b) that the testator signed or caused
another to sign the will and every
page thereof in the presence of the
a) The formalities required by law
b)
c) notary public;
the
disallowance of wills, except:
have not been complied with.
instrumental witnesses;
d)
95. The following are the grounds for
instrumental
witnesses
The
testator
was
insane
or
mentally incapable of making will.
witnessed and signed the will and
c) The will was executed through
all the pages thereof in the presence
force or under duress, or influence
of the testator and one another.
of fear or threats.
d) The will contains an attestation
94.
The
following
are
the
formalities
clause.
required in the execution of holographic

will, except:
Page 148 of 180
96. It is the omission in the testators will of

one, some or all of the compulsory heirs in
direct line, whether living at the time of
execution of the will or born after the death
of the testator. What principle is being
referred to?
a) reserva troncal
b) preterition
c) fideicommissary
d) disposicion captatoria
97.
Any
disposition
made
upon
the
condition that the heir shall make some

provision in his will in favor of the testator
or of any other person shall be void. Here,
both the condition and the disposition are
void. What principle is being referred to?
a) reserva troncal
b) preterition
c) fideicommissary
d) disposicion captatoria
98.
Which
phrase
most
accurately
completes the statement If at the time the

contract of sale is perfected, the thing
which is the object of the contract has been
entirely lost:
a) the buyer bears the risk of loss.
b) the contract shall be without
any effect.
c) the seller bears the risk of loss.
d) the buyer may withdraw from the
contract.
99. A contract granting a privilege to a

person,
for
which
he
has
paid
authority
is
not
reduced
into
consideration, which gives him the right to
writing.
buy
c) Sale of EGMs car by KRP, a
certain
merchandise
or
specified
property, from another person, at anytime
person stranger to EGM, without
within the agreed period, at a fixed price.
EGMs consent or authority.
What contract is being referred to?
d) Sale of EGMs piece of land by
a) Option Contract
KRP, a person stranger to EGM,
b) Contract to Sell
without EGMs consent or authority.
c) Contract of Sale
d) Lease
2011 Taxation Law Exam

100. Which of the following contracts of
sale is void?
MCQ (November 13, 2011)
a) Sale of EGMs car by KRP, EGMs
(1)When does a declaration of absence of a
agent,
missing person take effect?
whose
authority
is
not
reduced into writing.
(A) Immediately from the issuance of
b) Sale of EGMs piece of land by
the declaration of absence.
KRP,
EGMs
agent,
whose
Page 149 of 180
(4) Upon the proposal of a third person, a

(B) 3 months after the publication of
without the latters consent. The creditor
the declaration of absence.

(C) 6 months after the publication
of the declaration of absence.
(D) 15 days from the issuance of the
declaration of absence.
(2) The authority that school administrators
exercise over school children under their
supervision,
instruction,
or
custody
is
called
(A) legal parental authority.
(B) substitute parental authority.
(C) ordinary parental authority.
(D) special parental authority.
(3) Can future inheritance be the subject of
a contract of sale?
(A)
No,
since
it
will
put
the
predecessor at the risk of harm from

a tempted buyer, contrary to public
policy.
(B) Yes, since the death of the
decedent is certain to occur.
(C) No, since the seller owns no
inheritance while his predecessor
lives.
(D) Yes, but on the condition that
the amount of the inheritance can
only
be
ascertained
after
the
obligations of the estate have been

paid.
new debtor substituted the original debtor
avoid unjust enrichment

part.
accepted the substitution. Later, however,

the
new debtor became insolvent and
defaulted in his obligation. What is the

effect of the new debtors default upon the
original debtor?
(A) The original debtor is freed of
liability since novation took place
and
this
relieved
him
of
his
on his
(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
embarrassment of the downgrade. She sued
obligation.
the airlines for quasi-delict but Alta Airlines
(B) The original debtor shall pay or
countered
perform the obligation with recourse
governed by a contract between them, no
to the new debtor.
quasi-delict could arise.
(C) The
original
debtor
remains
liable since he gave no consent to

the substitution.
(D) The original debtor shall pay or
perform 50% of the obligation to
that,
since
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
wedding, however, Y suddenly died of heart

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 quasidelict.
(D)
Yes,
since
quasi-delict
presupposes the absence of a preexisting
contractual
relation
between the parties.

(6)
Which
of
the
following
is
an
indispensable requirement in an action for

"quieting of title" involving real property?
The plaintiff must
(A) be in actual possession of the
property.
(B) be the registered owner of the
property.
(C) have legal or equitable title to
the property.
(D) be the beneficial owner of the
property.
(7) X and Y were to marry in 3 months.
Meantime,
to
express
his
affection,
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
attack. Can Ys heirs get the property?
the company of handsome boys. What legal

(A) No, since the marriage did not
remedy does Lily have?
take place.
(A) She can file an action for
(B) Yes, since all the requisites of a
annulment of marriage on ground
donation
of fraud.
of
an
immovable
are
present.
(B) She can seek a declaration of
(C) No, since the donation and its
nullity of the marriage based on
acceptance are not in a public
Renes psychological incapacity.

(C) She can go abroad and file for
instrument.
divorce in a country that can grant
(D) Yes, since X freely donated the
it.
property to Y who became its owner.
(D) She has none since she had the

(8) Rene and Lily got married after a brief
opportunity to examine the goods
courtship. After one month, Lily discovered
and freely entered into the marriage.
that while Rene presented himself as a

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
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
Raffys
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 10hectare 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
right
conformity.
only
with
his
(A) Its cause comes from the guilt

(D)
No,
since
impediment
to
was
no
of a spouse in a legal separation
selling
his
case, the innocent-spouse having
there
Raul
inheritance to a stranger.
died.
(B) The truth of its cause is denied
(11) When one exercises a right recognized
and
by law, knowing that he thereby causes an
evidence.
injustice to another, the latter is entitled to
(C) Its cause is not authorized by
recover damages. This is known as the
the law.
principle of
(D) Its cause is not specified.
not
sufficiently
proved
by
(A) res ipsa loquitur.

(B) damnum absque injuria.
(13) Manuel came to Manila and married
(C) vicarious liability.
Marianne. Unknown to Marianne, Manuel
(D) abuse of rights.
had been previously convicted in Palawan of

theft and served time for it. After Marianne
(12) Which of the following is NOT a basis
learned of his previous conviction, she
for rendering a disinheritance defective or
stopped living with him. Can Marianne seek
imperfect?
the annulment of the
Page 152 of 180
(C) The children born before and

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 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.
after the divorce are all legitimate
(16) The liability of the partners, including

since Philippine law does not
recognize divorce.
(D) All the children are legitimate
since they were born of the same
father and mother.
industrial
partners
for
partnership
contracts entered into in its name and for

its account, when all partnership assets
have been exhausted is
(A) Pro-rata.
(B) Joint.
(15) Who can make a donation?

(A) All persons who can enter into
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.
(C) Solidary.
(D) Voluntary.
(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
Page 153 of 180
given the agent. The agent executed the

(C) 10 years from the receipt of the
(D) 5 years from the receipt of the
(18) Which of the following claims against

the debtor enjoys preference over the others
with respect to his specific immovable
property and real rights?
(A) Unpaid price of real property
sold, upon the immovable property.
(B) Mortgage credits recorded in the
registry
of
property,
upon
the
mortgaged real estate.

(C) Taxes due, upon the land or
building.
(D) Expenses for the preservation
and improvement of property, when
the law authorizes reimbursement,
upon the preserved or improved
immovable.
(19) When bilateral contracts are vitiated
with vices of consent, they are rendered
(A) rescissible.
(B) void.
(C) unenforceable.
(D) voidable.
(20) An agent, authorized by a special
power of attorney to sell a land belonging to
the principal succeeded in selling the same
to a buyer according to the instructions
deed of absolute sale on behalf of his
claimed that it was exempt from execution,

principal two days after the principal died,
an event that neither the agent nor the
buyer knew at the time of the sale. What is
the standing of the sale?
(A) Voidable.
(B) Valid.
(C) Void.
(D) Unenforceable.
being a family home. Is this claim correct?

(A) Yes, because while Bs parents
own the land, they agreed to have
their
daughter
build
her
family
home on it.
(B) No, because there is no judicial
declaration that it is a family home.
(C) No, since the land does not
belong to A and B, it cannot
(21) Spouses A and B leased a piece of land
qualify as a family home.
belonging to B's parents for 25 years. The
(D) Yes, because the A and Bs
spouses built their house on it worth
family actually lives in that house.
P300,000.00. Subsequently, in a case that

C filed against A and B, the court found the
(22) Solomon sold his coconut plantation to
latter liable to C for P200,000.00. When the
Aragon, Inc. for P100 million, payable in
sheriff was attaching their house for the
installments of P10 million per month with
satisfaction of the judgment, A and B
6% interest per annum. Solomon married
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 shall go to the

conjugal
partnership
but
on
ground
of
the
latters
their assets?
(A)
the
They
will
interests to Solomon.
governing
the
(B) Both principal and interests
conjugal partnership of gains where
shall go to Solomon since they are
the party who acted in bad faith
his exclusive properties.
forfeits his share in the net profits.
(C) Both principal and interests
(B) Since the marriage has been
shall go to the conjugal partnership
declared
since these become due after the
liquidation of absolute community of
marriage.
property shall be followed.
(D) The
principal
shall
go
to
(C) The
follow
the
liquidation
void,
the
liquidation
rule
of
rule
of
for
co-
since
the
Solomon but the interests to the
ownership
conjugal partnership.
annulment brought their property
applies
relation under the chapter on

(23) X and Y, although not suffering from
property
any impediment, cohabited as husband and

wife
without
the
benefit
of
(D)
Following the birth of their child, the couple
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.
without
marriage.
marriage.
got married. A year after, however, the court
regimes
The
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
marriage
settlement to be valid should be

in writing.
Page 155 of 180
Fidels.
(B)
Yes,
since
ante-nuptial
agreements need not be in writing.

(C)
No,
settlement
because
cannot
marriage
include
an
agreement on the paternity of an

illegitimate child.
(D) Yes, since even if it is not a valid
marriage settlement, it is a valid
verbal contract.
(26) Spouses X and Y have a minor
daughter, Z, who needs support for her
education.
Both
and
Y,
who
are
financially distressed, could not give the

needed support to Z. As it happens, Zs
other relatives are financially capable of
giving that support. From whom may Z first
rightfully demand support? From her
(A) grandfather.
(B) brother.
(C) uncle.
(D) first cousin.
(27) Fidel, a Filipino with fair complexion,
married Gloria. Before the marriage, Gloria
confessed to Fidel that she was two-month
pregnant with the child of a black African
who had left the country for good. When
the child was born, Fidel could not accept it
being too black in complexion. What is the
status of the child?
(A)
Illegitimate,
because
confessed that the child is not
Gloria
(B) Illegitimate, because by the color
(29) In his will, the testator designated X as
of its skin, the child could not
a legatee to receive P2 million for the
possibly be that of Fidel.
purpose of buying an ambulance that the
(C) Legitimate, because the child
residents of his Barangay can use. What
was born within a valid marriage.
kind of institution is this?
(D) Legitimate, because Fidel agreed

to treat the child as his own after
Gloria told him who the father was.
(28) The husbands acts of forcibly ejecting
his wife without just cause from the
conjugal dwelling and refusing to take her
back constitutes
(A) desertion.
(B) recrimination.
(C) constructive abandonment.
(A) a fideicomissary institution.

(B) a modal institution.
(C) a conditional institution.
(D) a collective institution.
(30) X insured himself for P5 million,
designating
beneficiary.
Y,
his
The
wife,
as
his
designation
sole
was
irrevocable. A few years later, X had their

marriage annulled in court on the ground
that Y had an existing prior marriage. X
(D) de facto separation.
Page 156 of 180
(A) Marlon gets 1/4 and Cecilia gets

3/4.
subsequently died, Is Y entitled to the
(B) Marlon gets 2/3 and Cecilia 1/3.
insurance benefits?
(A) Yes, since the insurance was not
dependent on the marriage.
(B) Yes, since her designation as
beneficiary was irrevocable.
(C) No, Xs designation of Y is
revoked by operation of law upon
the annulment of their marriage
based on Ys fault.
(D)
Yes,
since
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.
(34) A buyer ordered 5,000 apples from the

(C) Marlon gets 1/2 and Cecilia
gets 1/2.
(D) Marlon gets 3/4 and Cecilia 1/4.
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
(33) Contracts take effect only between the
and pay the seller at P20 per
parties or their assigns and heirs, except
apple.
where the rights and obligations arising
(B) He can accept all 6,000 apples
from the contract are not transmissible by
and pay a lesser price for the 1,000
their nature, by stipulation, or by provision
excess apples.
of law. In the latter case, the assigns or the
(C) He can keep the 6,000 apples
heirs are not bound by the contracts. This
without paying for the 1,000 excess
is known as the principle of
since
the
seller
delivered
them
(A) Relativity of contracts.
anyway.
(B) Freedom to stipulate.
(D)
(C) Mutuality of contracts.
transaction since the seller violated
(D) Obligatory force of contracts.
the terms of their agreement.
He
can
cancel
the
whole
Page 157 of 180
(37) Acme Cannery produced sardines in

(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
waived
warranty against hidden defects.
the
cans known as "Sards." Mylene bought a

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
presumption.
(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,
bought it.
the amount of which is well within the
(B) Mylene must have detected the
capacity of the disposable free portion of
noxious substance in the sardines
Fernandos estate?
by smell, yet she still ate it.
(A) Yes, since the prohibition against
(C) Acme had no transaction with
remarrying is absolute, it is deemed
Mylene; she bought the "Sards" from
not written.
a store, not directly from Acme.
(B) Yes, because the prohibition is
(D) Acme enjoys the presumption of
inhuman and oppressive and
safeness of its canning procedure

Page 158 of 180
violates Marinas rights as a free
(A) It
woman.
since it was not given to the bride
(C) No, because the nullity of the
or groom.
prohibition also nullifies the legacy.

(D) No, since such prohibition is
is
an
ordinary
donation
(B) It is donation propter nuptias

since it was given with the marriage
authorized by law and is not
in mind.
repressive; she could remarry but
(C) It is an indirect donation propter
must give up the money.
nuptias
since
the
bride
would
eventually inherit the property from

(39) X, the owner, constituted a 10-year
her parents.
usufruct on his land as well as on the
(D) It is a remunatory donation.
building standing on it in Ys favor. After

flood totally destroyed the building 5 years
(41) X and Y, both Filipinos, were married
later, X told Y that an act of God terminated
and resided in Spain although they intend
the usufruct and that he should vacate the
to return to the Philippines at some future
land. Is X, the owner of the land, correct?
time. They have not executed any marriage
(A)
No,
since
the
building
was
settlements.
What
law
governs
their
property relations?
destroyed through no fault of Y.

(B) No, since Y still has the right
(A)
to use the land and the materials
Spanish law and Philippine law.
left on it.
(B) Philippine law since they are
(C) Yes, since Y cannot use the land
both Filipinos.
without the building.
(C) No regime of property relations
(D) Yes, since the destruction of the
will apply to them.
building
(D) Spanish law since they live in
without
the
Xs
fault
They
may
choose
between
Spain.
terminated the usufruct.

(40) In gratitude, the grooms parents made
(42) Birth determines personality. Death
a donation of a property in writing to the
extinguishes it. Under what circumstances
brides
may the personality of a deceased person
parents
shortly
childrens
wedding.
The
accepted.
What
the
donation?
is
before
their
donation
was
nature
of
the
continue to exist?
(A) In case of re-appearance of a
missing person presumed dead.
Page 159 of 180
(A) the brother or sister who needs

(B) In protecting the works of a
deceased under intellectual property
laws.
(C)
In
case
presumptive
of
death
declaration
of
of a missing
spouse.
(D) In the settlement of the estate
of a deceased person.
(43) Six tenants sued X, the landowner, for

willfully denying them water for their farms,
which water happened to flow from land
under Xs control, his intention being to
force them to leave his properties. Is X
liable for his act and why?
(A) No, because the tenants must be
content with waiting for rainfall for
their farms.
(B) No, since X owns both the land
and the water.
(C) Yes, because the tenants farms
have the natural right of access to
water wherever it is located.
(D) Yes, since X willfully caused
injury to his tenants contrary to
morals, good customs or public
policy.
(44)
Illegitimate
brothers
and
sisters,
whether of full or half-blood, are bound to

support each other, EXCEPT when
support lives in another place.

(B) such brothers and sisters are not
recognized by their father.
(A) No, the child was 7 years old and

(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.
(45) Virgilio owned a bare and simple
knew the dangers that the pool

offered.
(B)
Yes,
being
an
attractive
nuisance, Virgilio had the duty to

prevent children from coming near
it.
(C) No, since the pool was bare
and had no enticing or alluring
swimming pool in his garden. MB, a 7-year
gadgets, floats, or devices in it
old child, surreptitiously entered the garden
that would attract a 7-year old
and merrily romped around the ledges of
child.
the pool. He accidentally tripped, fell into
(D) Yes, since Virgilio did not cover
the pool, and drowned. MBs parents sued
the swimming pool while not in use
Virgilio for damages arising from their
to prevent children from falling into
childs death, premised on the principle of
it.
"attractive nuisance". Is Virgilio liable for

the death of MB?
Page 160 of 180
(B) No, but Rex is entitled to recover

(46) The term of a 5-year lease contract
between X the lessor and Y the lessee,
where rents were paid from month to
month, came to an end. Still, Y continued
using the property with Xs consent. In
such a case, it is understood that they
impliedly renewed the lease
(A) from month to month under
the same conditions as to the
rest.
(B) under the same terms and
conditions as before.
(C) under the same terms except the
rent which they or the court must
fix.
(D) for only a year, with the rent
raised by 10% pursuant to the
rental control law.
(47)
Rex,
valuable
lot to
philanthropist,
the
donated
municipality on
a
the
condition that it will build a public school on

such lot within 2 years from its acceptance of
the
donation.
The
municipality
properly
accepted the donation but did not yet build

the public school after 2 years. Can Rex
revoke the donation?
(A) Yes,
since
the
donation
is
subject to a resolutory condition

which was not fulfilled.
the value of the land from the

municipality.
(C) No, the transfer of ownership has
been completed.
Without his consent, his friend Boyong paid

(D) Yes, the donation is not deemed
made until the suspensive condition
the whole loan. Since Asiong benefited from

the payment, can Boyong compel the bank
to subrogate him in its right as mortgagee
has been fulfilled.
of Asiong's land?
(48)
Illegitimate
children,
those
not
(A) No, but the bank can foreclose
recognized by their biological fathers, shall
and pay Boyong back.
use the surname of their
(B) No, since Boyong paid for
(A) biological father subject to no
Asiongs
condition.
approval.
(B) mother or biological father, at
(C) Yes, since a change of creditor
the mothers discretion.
took place by novation with the
(C) mother.
banks consent.
(D)
biological
father
unless
he
judicially opposes it.
loan
without
his
(D) Yes, since it is but right that

Boyong be able to get back his
money and, if not, to foreclose the
(49) Asiong borrowed P1 million from a
mortgage in the manner of the
bank, secured by a mortgage on his land.
bank.
Page 161 of 180
(C) Yes, since the payment covers

(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 Rodrigo, the other
solidary creditor, already made a
prior demand for payment from
Rudolf.
the whole obligation.
governed by the regime of absolute

(D) Yes,
since
Fernando
was
solidary creditor, payment to him
community of property.
(D) They are superseded by the
Family Code which has retroactive
extinguished the obligation.
effect.
(52) What happens to the property regimes
(53) The testator executed a will following
that were subsisting under the New Civil
the formalities required by the law on
Code when the Family Code took effect?
succession without designating any heir.
(A) The original property regimes

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
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.
any of its regimes shall now be
Page 162 of 180
(B) Void, because the couple did not

(C) No, the will comes to life only
when the proper heirs are instituted.
(D) Yes,
the
illegitimate
recognition
heir
is
of
an
an
ample
reason for a will.
(54) A left B, his wife, in the Philippines to

work in Egypt but died in that country after
a years continuous stay. Two months after
As death, B gave birth to a child, claiming
it is As child. Who can assail the legitimacy
of the child?
(A) As other heirs apart from B.
(B) The State which has interest in
the welfare of overseas contract
workers.
(C) Any one who is outraged by Bs
claim.
(D) No one since A died.
(55) QR and TS who had a marriage license
requested a newly appointed Judge in
Manila to marry them on the beach of
Boracay.
Since
the
Judge
maintained
Boracay as his residence, he agreed. The

sponsors were all public officials. What is
the status of the marriage.
(A) Valid,
since
the
improper
venue is merely an irregularity;

all
the
elements
marriage are present.
of
valid
get local permit for a beach wedding.
Y, came to the Philippines and married Z.

(C) Voidable, because the Judge
acted
beyond
his
territorial
Can X be held liable for bigamy?

(A) No since Xs marriage to Y is void
jurisdiction and is administratively
ab initio or did not exist.
liable for the same.
(B) No since X acted in good faith,
(D) Void, because the Judge did not
conscious that public policy did not
solemnize the marriage within the
approve of marriage between first
premises of his court.
cousins.
(C) Yes since he married Z without
(56) X and Y, Filipinos, got married in Los
first
Angeles, USA, using a marriage license
declaration
issued by the Philippine consul in Los
marriage to Y.
Angeles, acting as Civil Registrar. X and Y

did not know that they were first cousins
because their mothers, who were sisters,
were
separated
when
they
were
quite
securing
of
a
nullity
judicial
of
his
(D) Yes since his first marriage to Y

in Los Angeles is valid.
(57) Allan bought Billys property through
young. Since X did not want to continue
Carlos, an agent empowered with a special
with the relation when he heard of it, he left
power of attorney (SPA) to sell the same.
Page 163 of 180
consumables,
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 rescission is
allowed
character
since,
of
having
the
movables
and
deteriorate.
rice
can
easily
(A) No, efforts at a compromise will

(B) No, the buyer is entitled to a
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
purposes of filing.
agreement
(C) Yes, to avoid a family feud that is
regarding
automatic
rescission.
(D)
No,
compromise
agreement
for
hurtful to everyone.
the
seller
should
first
(D) Yes, since the dispute could have
determine that Y was not justified in
been
failing to appear.
agreeing to legal separation.
settled
with
the
parties
(59) The wife filed a case of legal separation

against her husband on the ground of
(60) An Australian living in the Philippines
sexual infidelity
acquired shares of stock worth P10 million
without previously exerting earnest efforts
in food manufacturing companies. He died
to come to a compromise with him. The
in Manila, leaving a legal wife and a child in
judge dismissed the case for having been
Australia and a live-in partner with whom
filed without complying with a condition

precedent. Is the dismissal proper?
Page 164 of 180
(B) No, since the sale cannot under

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 the verbal
agreement has already elapsed.
the Statute of Frauds be enforced.

(C) Yes, since X bought the land and
paid Y for it.
proceedings
to
(D) Yes, after full payment, the
administrator
whom
action became imprescriptible.
appoint.
new
it
will
(C) Cicero automatically becomes

(62) A court declared Ricardo, an old
administrator
bachelor, an absentee and appointed Cicero
until judicially relieved.
administrator of his property. After a year, it
(D) Ciceros alienations of Ricardo's
was discovered that Ricardo had died
property will be set aside.
of
Ricardos
estate
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
an
to question the validity of their marriage
absentee but a deceased person,
two years after the intimidation ceased,
Cicero will cease to be administrator
Judy decided in the meantime to freely
of his properties.
cohabit with Baldo. After more than 5 years
(B) The administration shall be
following their wedding, Judy wants to file a
given
case for annulment of marriage against
by
jurisdiction
no
longer
the
court
over
the
having
intestate
Page 165 of 180
(65) In the order of intestate succession

Baldo on ground of lack of consent. Will her
last intestate heirs or heir who will inherit if
action prosper?
(A) Yes, the action for annulment is
imprescriptible.
(B) No, since the marriage was
merely voidable and Judy ratified
it by freely cohabiting with Baldo
after the force and intimidation
had ceased.
(C) No, since the action prescribed 5
years
from
the
date
of
the

(D) Yes, because the marriage was
celebrated without Judy's consent
freely given.
(64) Is the wife who leaves her husband
without just cause entitled to support?
(A)
No,
because
the
wife
must
always be submissive and respectful

to the husband.
(B) Yes. The marriage not having
been
dissolved,
the
husband
continues to have an obligation to

support his wife.
(C) No,
where the decedent is legitimate, who is the
because in
leaving
the
conjugal home without just cause,

she forfeits her right to support.
(D) Yes, since the right to receive
support
condition.
is
not
subject
to
any
(A) Neither solidary nor joint since

they cannot waive the defense of
all heirs in the higher level are disqualified
fortuitous event to which they are
or unable to inherit?
entitled.
(A) Nephews and nieces.

(B) Brothers and sisters.
(B)
Solidary
or
joint
upon
the
(C) State.
discretion of Sam.
(D) Other collateral relatives up to
(C) Solidary since Roy and Carlos
the 5th degree of consanguinity.
failed to perform their obligation to

deliver the motor boat.
(66) Roy and Carlos both undertook a
(D) Joint since the conversion of
contract to deliver to Sam in Manila a boat
their liability to one of indemnity
docked in Subic. Before they could deliver
for damages made it joint.
it, however, the boat sank in a storm. The

contract provides that fortuitous event shall
(67) Joanne married James, a person with
not exempt Roy and Carlos from their
no known relatives. Through James' hard
obligation. Owing to the loss of the motor
work, he and his wife Joane prospered.
boat, such obligation is deemed converted
When
James
died,
his
estate
alone
into one of indemnity for damages. Is the

liability of Roy and Carlos joint or solidary?
Page 166 of 180
(D) When
amounted to P100 million. If, in his will,
James designates Joanne as his only heir,
what will be the free portion of his estate.
(A) Joanne gets all; estate has no
free portion left.
(B) Joanne gets 1/2; the other
half is free portion.
(C) Joanne gets 1/3; the remaining
2/3 is free portion.
(D) Joanne gets 1/4; the remaining
3/4 is free portion.
(68) A warranty inherent in a contract of
sale, whether or not mentioned in it, is
known as the
(A) warranty on quality.
(B) warranty against hidden defects.
(C) warranty against eviction.
(D) warranty in merchantability.
(69) The doctrine of stare decisis prescribes
adherence
to
precedents
in
order
to
promote the stability of the law. But the

doctrine can be abandoned
(A) When adherence to it would
result in the Governments loss of its
case.
(B) When the application of the
doctrine
would
cause
great
prejudice to a foreign national.

(C) When necessary to promote the
passage of a new law.
the
precedent
has
ceased to be beneficial and useful.
(C) Yes, since they executed their

(70) Ric and Josie, Filipinos, have been
sweethearts for 5 years. While working in a
European country where the execution of
joint wills are allowed, the two of them
executed a joint holographic will where they
named each other as sole heir of the other
in case either of them dies. Unfortunately,
Ric died a year later. Can Josie have the
joint will successfully probated in the
Philippines?
(A) Yes, in the highest interest of
comity of nations and to honor the
wishes of the deceased.
(B) No,
since
Philippine
law
prohibits the execution of joint

wills and such law is binding on
joint will out of mutual love and

care,
values
that
the
generally
accepted principles of international

law accepts.
(D) Yes, since it is valid in the
country
where
it
was
executed,
applying the principle of "lex loci

celebrationis."
(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
Ric and Josie even abroad.

Page 167 of 180
is essentially void for containing an

million legitime as partial settlement of
what ML owed him since ML has proved to
be insolvent. Does PF, as creditor, have the
right to rescind the waiver?
(A) No, because the waiver in favor
of his sister QY amounts to a
donation and she already accepted
it.
(B) Yes,
because
the
waiver
is
prejudicial to the interest of a

third person whose interest is
recognized by law.
(C) No, PF must wait for ML to
become solvent and, thereafter, sue
him for the unpaid loan.
(D) Yes, because a legitime cannot
be waived in favor of a specific heir;
it must be divided among all the
other heirs.
(72) While engaged to be married, Arnold
and
Josephine
agreed
in
public
instrument to adopt out the economic

regime of absolute community of property.
Arnold
acknowledged
in
the
same
instrument that Josephines daughter

Mary,
is
his
illegitimate
child.
But
Josephine died before the marriage could

take place. Does the marriage settlement
have any significance?
(A)
None,
since
the
instrument
containing the marriage settlement
unrelated matter.
Philippines and married Leonora. What is

(B) Yes,
insofar
acknowledged
as
Mary
Arnold
as
his
illegitimate child.
(C) None, since the marriage did not
take place.
(D) Yes, if they acquired properties
the status of this second marriage?

(A) Void, because he did not cause
the
judicial
issuance
of
declaration of the nullity of his

first marriage to Jenny before
marrying Leonora.
while living together as husband
(B) Valid, because Joseph's marriage
and wife.
to Jenny is void, he being only 17
(73) Joseph, a 17-year old Filipino, married
years of age when he married her.
Jenny, a 21-year old American in Illinois,
(C) Valid, because his marriage to
USA, where the marriage was valid. Their
Leonora has all the elements of a
parents gave full consent to the marriage of
valid marriage.
their children. After three years, Joseph
(D) Void, because Joseph is still
filed a petition in the USA to promptly
considered married to Jenny since
divorce Jenny and this was granted. When
the Philippines does not recognize
Joseph turned 25 years, he returned to the
divorce.
Page 168 of 180
(C) unless the court first directs

(74) T died intestate, leaving an estate of
mediation of the parties.
P9,000,000. He left as heirs three legitimate
(D)
children, namely, A, B, and C. A has two
conducted by a public prosecutor.
children, D and E. Before he died, A

irrevocably repudiated his inheritance from
T in a public instrument filed with the
court. How much, if any, will D and E, as
As children, get from Ts estate?
(A) Each of D and E will get
P1,500,000
by
representation
since
right
their
of
father
repudiated his inheritance.

(B) Each of D and E will get
P2,225,000 because they will inherit
from the estate equally with B and
C.
(C) D and E will get none because
of the repudiation; "B" and "C"
will get As share by right of
accretion.
(D) Each of D and E will get
P2,000,000 because the law gives
them some advantage due to the
demise of "A".
(75) No decree of legal separation can be
issued
(A) unless the childrens welfare is
attended to first.
(B) without
prior
efforts
at
reconciliation shown to be futile.
without
prior
investigation
with the title needed to effect the

(76) X, who
was
abroad,
phoned his
brother, Y, authorizing him to sell Xs parcel

of land in Pasay. X sent the title to Y by
courier service. Acting for his brother, Y
executed a notarized deed of absolute sale
of the land to Z after receiving payment.
What is the status of the sale?
(A) Valid, since a notarized deed of
absolute
sale
covered
the
transaction and full payment was

made.
(B) Void,
since
should
have
authorized agent Y in writing to

sell the land.
sale.
(D) Valid, since the buyer could file
an action to compel X to execute a
deed of sale.
(77) In a true pacto de retro sale, the title
and ownership of the property sold are
immediately vested in the vendee a retro
subject only to the resolutory condition of
repurchase by the vendor a retro within the
stipulated period. This is known as
(A) equitable mortgage.
(B) conventional redemption.
(C) legal redemption.
(D) equity of redemption.
(C) Valid, since Y was truly his
(78) A natural obligation under the New
brother Xs agent and entrusted
Civil Code of the Philippines is one which
Page 169 of 180
only upon the wifes acceptance

(A)
the
obligor
has
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
or the courts authorization.
(81) Anne owed Bessy P1 million due on

(80)
When
the
donor
gives
donations
without reserving sufficient funds for his

support
or
for
the
support
of
his
(A) Rescissible, since it results in

economic lesion of more than 25%
of the value of his properties.
(B) Voidable, since his consent to
the donation is vitiated by mindless
kindness.
(C) Void, since it amounts to wanton
expenditure beyond his means.
(D) Reducible to the extent that
donations
impaired
the
support due to himself and his

dependents.
due date. Bessy sent a demand letter to

Anne giving her 5 days from receipt within
which to pay. Two days after receipt of the
dependents, his donations are
the
October 1, 2011 but failed to pay her on
letter, Anne personally offered to pay Bessy

in manager's check but the latter refused to
accept the same. The 5 days lapsed. May
Annes
obligation
be
considered
extinguished?
(A) Yes, since Bessys refusal of the
managers check, which is presumed
funded, amounts to a satisfaction of
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
(83) The owner of a thing cannot use it in a
payment of the full amount due.
way that will injure the right of a third
(D) No, since a managers check is
person. Thus, every building or land is
not considered legal tender in the
subject to the easement which prohibits its
Philippines.
proprietor or possessor from committing

nuisance like noise, jarring, offensive odor,
(82) The residents of a subdivision have
and smoke. This principle is known as
been using an open strip of land as passage
(A) Jus vindicandi.
to the highway for over 30 years. The owner
(B) Sic utere tuo ut alienum non
of that land decided, however, to close it in
laedas.
preparation for building his house on it.
(C) Jus dispondendi.
The residents protested, claiming that they
(D) Jus abutendi.
became
owners
of
the
land
through
acquisitive prescription, having been in
(84) Janice and Jennifer are sisters. Janice
possession of the same in the concept of
sued
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,
Jennifer
and
Laura,
Jennifers
(A) No, the residents have not
to a compromise with the defendants and
been in continuous possession of
that
the land since they merely passed
dismissed the complaint outright for failure
through
to comply with a condition precedent. Is the
it
in
going
to
the
highway.
(B) No, the owner did not abandon
his right to the property; he merely
such
efforts
failed.
The
judge
dismissal in order?
(A) No, since Laura is a stranger to
the sisters, Janice has no moral
tolerated his neighbors use of it for
obligation to settle with her.
passage.
(B) Yes, since court should promote
(C) Yes, residents of the subdivision
amicable
have become owners by acquisitive
relatives.
prescription.
(C) Yes, since members of the same
(D) Yes, community ownership by
family, as parties to the suit, are
prescription prevails over private
required to exert earnest efforts to
claims.
settlement
among
settle their disputes before coming

to court.
Page 171 of 180
(D) No, the family council, which
(87) When does the regime of conjugal
would
partnership of gains begin to exist?
ordinarily
mediate
the
dispute, has been eliminated under
(A) At the moment the parties
the Family Code.
take and declare each other as

husband
(85) X borrowed money from a bank,

secured by a mortgage on the land of Y, his
close friend. When the loan matured, Y
offered to pay the bank but it refused since
Y was not the borrower. Is the banks action
correct?
(A) Yes, since X, the true borrower,
did not give his consent to Ys offer
to pay.
(B) No, since anybody can discharge
Xs obligation to his benefit.
(C) No, since Y, the owner of the
collateral, has an interest in the
payment of the obligation.
obligation to the bank.
property
after
performance
mortgage
of
but
redeem
the
mortgaged
his
default
the
conditions
before
the
sale
in
the
of
the
of
the
mortgaged property or confirmation of the

sale by the court, is known as
(A) accion publiciana.
(B) equity of redemption.
(C) pacto de retro.
(D) right of redemption.
before
officiating officer.
(B) At the time the spouses acquire
properties through joint efforts.
(C) On the date the future spouses
executed their marriage settlements
because this is the starting point of
their marital relationship.
(D) On the date agreed upon by the
future spouses in their marriage
settlements since their agreement is
the law between them.
(88) Josie, 18, married Dante, 25, without
lived with him. After a year, Josie returned

to her parents home, complained of the
(86) The right of a mortgagor in a judicial

to
wife
her parents knowledge and consent, and
(D) Yes, since it was X who has an
foreclosure
and
unbearable battering she was getting from

Dante, and expressed a desire to have her
marriage with him annulled. Who may
bring the action?
(A) Dante.
(B) Her parents.
(C) Josie herself.
(D) The State.
(89) X, a married man, cohabited with Y, an
unmarried woman. Their relation bore them
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
lawfully married.
sufficient property for themselves
(B) Yes, since he is an innocent
and for their dependents.
party and the marriage rectified the

wrong done him.
(92) X owed Y P1.5 million. In his will, X
(C) No, since once illegitimate, a
gave Y legacy of P1 million but the will
child
provided that this legacy is to be set off
shall
always
remain
illegitimate.
against the P1.5 million X owed Y. After the
(D) No, since his parents were not
set off, X still owed Y P500,000. Can Y still
qualified
collect this amount?
to
marry
each
other
(A) Yes, because the designation
when he was conceived.
of Y as legatee created a new and

(90) The presence of a vice of consent
separate
vitiates the consent of a party in a contract
between them, that of testator-
and this renders the contract
legatee.
relationship
(A) Rescissible.
(B) It depends upon the discretion of
(B) Unenforceable.
the probate court if a claim is filed
(C) Voidable.
in the testate proceedings.
(D) Void.
(91)
juridical
Can
properties
(C) No, because the intention of the
common-law
spouses
donate
of substantial value to one
another?
(A) No, they are only allowed to
give moderate gifts to each other
testator in giving the legacy is to

abrogate his entire obligation to Y.
(D)
No,
because
had
no
instruction in his will to deliver

more than the legacy of P1 million to
Y.
during family rejoicing.

(B) No, they cannot give anything of
(93) Josie owned a lot worth P5 million
value
prevent
prior to her marriage to Rey. Subsequently,
placing their legitimate relatives at a
their conjugal partnership spent P3 million
disadvantage.
for the construction of a house on the lot.
(C) Yes, unlike the case of legally
The construction resulted in an increase in
married spouses, such donations
the value of the house and lot to P9 million.
are not prohibited.
Who owns the house and the lot?
to
each
other
to
Page 173 of 180
(B) When the title holder concealed

(A)
Josie
and
the
conjugal
partnership of gains will own both

on a 50-50 basis.
(B) Josie will own both since the
value
of
the
house
and
the
increase in the propertys value is

less than her lots value; but she
is
to
reimburse
conjugal
partnership expenses.
(C) Josie still owns the lot, it being
her
exclusive
house
property,
belongs
to
the
but
the
conjugal
partnership.
(D) The house and lot shall both
belong to the conjugal partnership,
with Josie entitled to reimbursement
for the value of the lot.
(94)
An
action
for
reconveyance
of
registered piece of land may be brought

against the owner appearing on the title
based on a claim that the latter merely
holds such title in trust for the plaintiff.
The action prescribes, however, within 10
years from the registration of the deed or
the date of the issuance of the certificate of
title of the property as long as the trust had
not been repudiated. What is the exception
to this 10-year prescriptive period?
(A) When the plaintiff had no notice
of the deed or the issuance of the
certificate of title.
the matter from the plaintiff.
marriage after they became 21 of

(C) When fortuitous circumstances
age;
prevented the plaintiff from filing
convalidated the marriage.
the case sooner.
(B) No, since Lindas parents made
(D) When
the
plaintiff
is
in
their
cohabitation
also
no allegations that earnest efforts

have been made to come to a
possession of the property.
compromise with Conrad and Linda

(95) Conrad and Linda, both 20 years old,
and which efforts failed.
applied for a marriage license, making it
(C)
appear that they
voidable, the couple being below 21
were over 25. They
Yes,
since
the
marriage
is
married without their parents knowledge
years of age when they married.
before an unsuspecting judge. After the
(D) Yes, since Lindas parents never
couple has been in cohabitation for 6 years,
gave their consent to the marriage.
Lindas parents filed an action to annul the

marriage on ground of lack of parental
(96) Pepito executed a will that he and 3
consent. Will the case prosper?
attesting witnesses signed following the
(A) No, since only the couple can

question
the
validity
of
their
formalities of law, except that the Notary

Public failed to come. Two days later, the
Page 174 of 180
(A) Conjugal since they earned the

Notary Public notarized the will in his law
office where all signatories to the will
acknowledged that the testator signed the
will in the presence of the witnesses and
that the latter themselves signed the will in
the presence of the testator and of one
another. Was the will validly notarized?
(A) No, since it was not notarized on
the occasion when the signatories
affixed their signatures on the will.
(B) Yes, since the Notary Public
has to be present only when the
signatories acknowledged the acts
required of them in relation to
the will.
(C) Yes, but the defect in the mere
notarization of the will is not fatal to
its execution.
(D) No, since the notary public did
not require the signatories to sign
their respective attestations again.
(97) Venecio and Ester lived as common-law
spouses since both have been married to
other persons from whom they had been
separated
in
Hardworking
fact
and
for
several
years.
bright,
each
earned
incomes from their respective professions

and enterprises. What is the nature of their
incomes?
same while living as husband and

wife.
(C) 4 years from the perfection of the

donation.
(B) Separate since their property
(D) Such action does not prescribe.
relations with their legal spouses

are still subsisting.
(C) Co-ownership since they agreed
to work for their mutual benefit.
(D) Communal since they earned the
same as common-law spouses.
(98) What is the prescriptive period for filing
an action for revocation of a donation based
on acts of ingratitude of the donee?
(A) 5 years from the perfection of the
donation.
(B) 1 year from the perfection of
the donation.
(99)
Before
Karen
married
Karl,
she
inherited P5 million from her deceased

mother which amount she brought into the
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 it is in her name.
(C) It is conjugal property having
been bought during the marriage.
Page 175 of 180
stairway eventually gave way and collapsed,

(D) It
is
Karens
exclusive
property since she bought it with

her own money.
(100) Because of Xs gross negligence, Y

suffered
injuries
that
resulted
in
the
abortion of the foetus she carried. Y sued X

for, among other damages, P1 million for
the death of a family member. Is Y entitled
to indemnity for the death of the foetus she
carried?
(A) Yes, since the foetus is already
regarded as a child from conception,
though unborn.
(B) No, since Xs would not have
known
that
the
accident
would
result in Ys abortion.
(C) No,
since
birth
determines
personality, the accident did not

result in the death of a person.
(D) Yes, since the mother believed in
her heart that she lost a child.
2010 Civil Law Exam MCQ

(September 12, 2010)
No.II. Multiple choice.
(A). A had a 4-storey building which was
constructed by Engineer B. After five years,
the
building developed cracks
and its
resulting to injuries to some lessees. Who
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
problem are clearly those resulting from

defects in the construction plans or
ALTERNATIVE ANSWER:
specifications.
No.1. A , the owner .

The lessee can sue only the lessor for
breach of contract under Article 1659 in
relation to Article 1654, NCC. The lessee
cannot sue the architect or the engineer
because there was no privity of contracts
between them. When sued, however, the
lessor may file a third party claim
against the architect or the engineer.
ANOTHER ALTERNATIVE ANSWER:
No. 2. B, the Engineer .
Under
Article
1723
the
engineer
or
architect who drew up the plans and

specifications for a building is liable for
damages if within 15 years from the
completion of the structure, the same
should collapse by reason of a defect in
those plans and specifications, or due to
the defects in the ground. Under Article
2192 (NCC), however, if the damages
should be the result of any of the defects
in the construction mentioned in Art
1723, NCC, the third person suffering
damages may proceed only against the
engineer
or
architect
or
contractor
within the period fixed therein. The

damages suffered by the lessee in the
No. 4. None of the above.

(B) O, owner of Lot A, learning that
Japanese soldiers may have buried gold
and other treasures at the adjoining vacant
Lot B belonging to spouses X & Y, excavated
in Lot B where she succeeded in unearthing
The general rule is that the treasure

shall belong to the spouses X and Y, the
owner of Lot B. Under Article 438 (NCC),
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, onehalf thereof shall belong to the owner of
(1). 100% to O as finder
the
land
and
the
other
one-half
is
(2). 50% to O and 50% to the spouses X
allowed to the finder. In the problem, the
and Y
finding
of the
treasure was
not
by
chance because O knew that the treasure

(3). 50% to O and 50% to the state
(4). None of the above.
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
No. 2 and No.4 are both false. The

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.
acceptance by the donees father alone
(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.
(1). The will is invalidated

(2). The will is valid and effective
(3). The legacy given to Bs child is not valid
No.3 is also false. B cannot accept the

donation anytime at his convenience.
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
(E). letters a and b

attesting witness to the will. However,
the said legacy is void under Article 823
NCC.
ALTERNATIVE ANSWER:
No. 2 .The will is valid and effective.
Under Article 823 ( NCC ),the legacy
given
in
favor
of
the
son
of
an
instrumental witness to a will has no

effect on the validity of the will. Hence,
the will is valid and effective.
2007 Civil Law Exam MCQ

(September 09, 2007)
No.IX. Multiple choice: Choose the right
answer. (2% each)
(1). The parties to a bailment are the:
(A). bailor;
(B). bailee;
(C) comodatario;
(D). all the above;
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
(D). all the above
(2). A deposit made in compliance with a
legal obligation is:
(A). an extrajudicial deposit;
(B). a voluntary deposit;
(C). a necessary deposit

(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;
(C). Involves the payment of interests, if
(C). a necessary deposit;
owing;
(D). a deposit with a warehouseman;
(D). All of the above;
(E). Letters a and b
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Page 179 of 180
(C). 3/5 of the number of creditors

should agree to the settlement;
(D). All of the above;

(4). An, assignee in a proceeding under the
Insolvency Law does not have the duty of:
(A). suing to recover the properties of the
state of the insolvent debtor;
(B). selling property of the insolvent debtor;
(C). ensuring that a debtor corporation
operate
the
business
efficiently
and
effectively while the proceedings are

pending;
(D). collecting and discharging debts owed
to the insolvent debtor.
SUGGESTED ANSWER:
(C). ensuring that a debtor corporation
operate
the
business
efficiently
and
effectively while the proceedings are

pending;
(5). In order to obtain approval of the
proposed settlement of the debtor in an
insolvency proceeding.
(A). the court must initiate the proposal
(B). 2/3 of the number of creditors should
agree to the settlement;
full credit for the two items regardless of

(D).
1/3
of
the
total
debts
must
be
their answers.]
represented by the approving creditors;

(E). Letters a and b
SUGGESTED ANSWER:
References:
(C). 3/5 of the number of creditors
not included within the coverage of Civil

Law but Commercial Law. It is therefore
suggested that the examinees be given
to
Bar
Examination
Questions by the UP LAW COMPLEX

(2007, 2009, 2010)
should agree to the settlement;

[Note: Items 4&5 on Insolvency Law are
Answers
UP LAW REVIEW
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)

that "for civil purposes, the fetus shall

time it is completely delivered from the

Capacity: Juridical Capacity (2008)

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

mother's womb. However, if the fetus

Capacity; Juridical Capacity of Donee;

womb. The act of naming the unborn

which she accepted. After six (6) months of

child as sole beneficiary in the insurance

pregnancy, the fetus was born and baptized

is favorable to the conceived child and

as Angela. However, Angela died 20 hours

therefore the fetus acquires presumptive

after birth. Ricky sought to recover the P 1

or provisional personality. However, said

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

the Code because "Marian was already

P1,000,000.00. The NCC considers a

due to give birth," indicating that the

Civil Law Q&As (2007-2013)

the statement is FALSE, state the reason.

it provided it is born later in accordance

(1). Roberta, a Filipino, 17 years of age,

with the provision of the NCC. While the

without the knowledge of his parents, can

donation is favorable to the fetus, the

Capacity: Legal Capacity; Lex Rei Sitae

contract in Australia is governed by

Australian Laws allow aliens to acquire

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