PRE-WEEK REVIEW ON CIVIL LAW

1) When do laws take effect in the Philippines?

Ans: 15 days after publication in the Official

Gazette or in a newspaper of general circulation,
unless it is otherwise provided in the law (Art. 2,
Civil Code).

2) a. What is the effect of the acts executed against the

mandatory and prohibitory provisions of law?

Ans: Acts done in contravention of prohibitory and

mandatory provisions of law are null and void,
except when the law itself provides for their
validity (Art. 5, NCC)

b. State at least 3 exceptions when acts executed

against mandatory laws are valid. (see page 3, ibid)

3) What is the concept of “Stare decisis”?

Ans: Judicial decisions interpreting the law shall

form part of the Philippine legal system (Art. 8,
NCC)



1) A & B, both Filipino got married. B became

naturalized American citizen and got a divorce decree
against A in Rino, Nevada. Divorce is recognized in
the United States, but not in the Philippines.

A subsequently got married to C.

Notes of hotjurist
In foro conscientiae
 a) Is the marriage of A to C valid under Philippine law?

Ans: Yes. In Llorente vs. Llorente, decided by

the Supreme Court of the Philippines in 2000, the
marriage under identical facts was held to be
valid, applying the nationality principle to B under
Article 15 of the Civil Code which provides that
“laws relating to family rights and duties, or the
status, condition and legal capacity of persons
are binding upon citizens of the Philippines, even
though living abroad.”

Since B was an American when he obtained the

Divorce decree, US law, which recognizes
absolute divorce, applies.

In the recent case of Republic vs. Orbecido,

decided in 2005, the Supreme Court, interpreting
Article 26, paragraph 2, ruled that:

The intent of par. 2, Article 26 is to avoid

the absurd situation where the Filipino
spouse remains married to the alien spouse
who, after obtaining a divorce, is no longer
married to the Filipino spouse.

The reckoning point is not the

citizenship of the parties at the time of the
celebration of the marriage, but their
citizenship at the time a valid divorce is
obtained abroad by the alien spouse
capacitating him to remarry.

2) Will your answer be the same, if B obtained first the

Divorce decree before becoming a naturalized
American citizen?

Notes of hotjurist
In foro conscientiae
 Ans: No. In Republic vs. Iyoy, 470 SCRA 519
(Sept. 21, 2005), the Supreme Court held that
Article 26, paragraph 2 is not applicable to a
Filipino spouse who became a naturalized
American after obtaining the divorce decree.
When the divorce decree was obtained, he was
still a Filipino citizen bound by Philippine laws on
family rights and duties, status, condition and
legal capacity.

3) A, married to B, got an illegal Divorce against B in the

US and then married C. C got mad at A upon learning
that their marriage is void. A filed an action to declare
his marriage to B a nullity under Art. 36 of the Family
Code. May C intervene in said action?

Ans: No, she has no legal interest because she

was never a legal wife of the Petitioner. Her
marriage to him is void because at the time of her
marriage to the Petitioner, the latter was still
lawfully married to B. (Elmar Perez vs. Court of
Appeals and Tristan Catindig, G.R. No.
162580)

4) Is a Psychiatric report a mandatory requirement in an

action to declare nullity of the marriage based on
psychological incapacity under Art. 26 of the Family
Code?

Ans: Psychological incapacity, as a ground for

declaring the nullity of a marriage, may be
established by the totality of evidence presented.
There is no requirement, however, that the
respondent should be examined by physician or
a psychologist as a condition sine quo non for
such declaration. (Marcos vs. Marcos, G.R. No.
136490, Oct. 19, 2000)

Notes of hotjurist
In foro conscientiae
 

1) What is the doctrine of triennial cohabitation?

Ans: The husband is presumed impotent if the

wife remains a virgin after living together for 3
years. (US jurisprudence).

2) Enumerate the instances when fraud constitutes a

ground for annulment of marriage.

Ans: Concealment or non-disclosure of:

1. Previous conviction of crime involving moral

turpitude.

2. Being pregnant by another man at the time of

the marriage.

3. Sexually transmissible disease (STD) existing

at the time of the marriage.

4. Drug addiction, habitual alcoholism,

homosexually or lesbianism existing at the time
of the marriage (Art. 46, F.C.).

Note: No other misrepresentation or deceit as to

character, health, rank fortune or chastity shall
constitute such fraud as will give grounds for
action for the annulment of marriage. (Art. 46,
FC)

3) In what cases between members of the same family

is earnest effort for compromise not
required/necessary?

Ans: In the following cases which may not be the

subject of compromise:

Notes of hotjurist
In foro conscientiae
 (1) The civil status of persons;

(2) The validity of a marriage or legal

separation;

(3) Any ground for legal separation;

(4) Future support;

(5) The jurisdiction of courts;

(6) Future legitime.

4) Are chronic lying and fantasizing a ground for

declaration of nullity based on psychological
incapacity under Article 36 of the Family Code?

Ans: Yes, as held by the Supreme Court in a

recent case where inveterate lying impairs the
capacity of the liar to perform essential marital
obligation, pre-existing and present at the time of
the celebration of the marriage, grave and
incurable.

V

1) a) When may the illegitimate children use the

surname of the natural father?

Ans: When their filiation has been expressly

recognized by their father through (1) the record
of birth appearing in the civil registrar (2) in a
public document (3) or private handwritten
instrument of the father.

Notes of hotjurist
In foro conscientiae
 There is no need to go to court to establish
filiation and authorization to use the surname of
the father.

Aside from the foregoing, filiation may be

established by (1) the open and continuous
possession of the status of an illegitimate child;
or (2) any other means allowed by the Rules of
Court and special laws. (Art. 172, Civil Code).

b) Is DNA test admissible proof of parentage?

Ans: Yes, it is a recognized proof of paternity and

filiation.

2) a) When may entries in the civil registry be corrected

without a judicial order?

Ans: For clerical or typographical errors and

change of first name or nickname.

3) What are the requirements for a decree of declaration

of nullity to be final and executory where there are
assets for partition and there are children borne of the
marriage declared null and void?

Ans: There must be a partition and delivery of the

presumptive legitime to the children.

1) Is the sale of the reclaimed and the submerged area

of Manila Bay to AMARI, a private corporation valid?
Reasons.

Ans: No, for the following reasons:

Notes of hotjurist
In foro conscientiae
 a. The sale of the reclaimed lands in Manila Bay
registered in the name of PEA falling under
lands of the public domain in favor of AMARI, a
private corporation is void for being contrary to
Section 3, Article XII of the 1987 Constitution
which prohibits private corporations from
acquiring any kind of alienable land of the
public domain.

b. The sale of the still submerged area of Manila

Bay to AMARI is void for being contrary to Sec.
2, Art XII of the 1987 Constitution which
prohibits the alienation of natural resources
other than agricultural lands of the public
domain.

c. Private corporations cannot hold, except by

lease, alienable lands of the public domain.

d. Submerged lands, like the waters (sea or bay)

above them, are part of the State’s inalienable
natural resources. Submerged lands are
property of public dominion, absolutely
inalienable and outside the commerce of man.
This is also true with respect to foreshore
lands. Any sale of submerged or foreshore
lands is void being contrary to the Constitution.

2) Is the “salvage zone” capable of private ownership

and titling?

Ans: Yes. The salvage zone consisting of “lands

measuring twenty (20) meters measured
landward from the interior limit of the shoreline” is
capable of private ownership and being validly
covered by a Torrens Title subject to the
easement of public use, more specifically
easement of salvage and costal police imposed

Notes of hotjurist
In foro conscientiae
 by law. (Maristela vs. Director of Lands, et.
al., G.R. No. 34901-R, September 7, 1968; 65
O.G. No. 46, pp. 12744-12747; Art. 9, Spanish
Law of Waters of 1886; Article 51, Water Code;
Art. 420, new Civil Code)

3) What is the doctrine of indefeasibility of torrens titles?

Ans: A certificate of title, once registered, should

not thereafter be impugned, altered, changed,
modified, enlarged or diminished except in a
direct proceeding permitted by law. The
resolution of the issue is, thus, not dependent on
the report of the survey team filed in the trial
court. (De Pedro v. Romasan, G.R. No.
158002, February 28, 2005)

4) Who is an innocent purchase in good faith of

registered land?

Ans: Where the real property involved is covered

by a Torrens title, the buyer, mortgagee, or, any
person dealing with said realty need not go
beyond what appears on the face of the title. He
is charged with notice only of such burdens and
claims as are annotated on the title. (Clemente
vs. Razo, G.R. No. 151245, March 04, 2005)

5) Is the above rule applicable to banks?

Ans: No. Banks, their business being impressed

with public interest, are expected to exercise
more care and prudence than private individuals
in their dealings, even those involving registered
lands. Hence, for merely relying on the
certificates of title and for its failure to ascertain
the status of the mortgaged properties as is the
standard procedure in its operations, the bank is

Notes of hotjurist
In foro conscientiae
 a mortgagee in bad faith. (Consolidated Rural
Bank vs. CA, G.R. No. 132161, January 2005)

6) What are the requisites for legal easement of right of

way?

Ans: The following:

a) It is surrounded by other immovables and has no

adequate outlet to a public highway;

b) payment of proper indemnity;

c) the isolation is not the result of its own acts;

d) the right of way claimed is at the point least

prejudicial to the servient estate; and

e) to the extent consistent with the foregoing rule,

where the distance from the dominant estate to a
public highway may be the shortest. (Sps. dela
Cruz vs. Ramiscal, G.R. No. 137882, February
4, 2005)

V

1) A constructed a building on the land of B knowing that

the land belongs to B. A arranged for the issuance of
a fraudulent title over the land in his name.

a) What are the rights of B with respect to the

building?

b) Will your answer be the same if A were in good

faith?

Ans:

Notes of hotjurist
In foro conscientiae
 a) Because A is in bad faith, B may demand
demolition of the building at the expense A, or
he may compel A to pay the price of the land.

b) No. If A were in good faith, he cannot be

compelled to buy the land if its value is
considerably more than that of the building, if
the owner does not choose to appropriate the
building after proper indemnity. He shall pay
reasonable rent. (Rosales vs. Casteltort,
October 5, 2005)

2) a) What are the two stages in expropriation

proceedings?

Ans: Expropriation proceedings consists of two

stages: first, condemnation of the property after it
is determined that its acquisition will be for a
public purpose or public use and, second, the
determination of just compensation to be paid for
the taking of private property to be made by the
court with the assistance of not more than three
commissioners. (NHA vs. Givelondo, 404
SCRA [2003])

b) What is the concept of public use?

Ans: The concept of public use is no longer

limited to traditional purposes. Here, as
elsewhere, the idea that “public use” is strictly
limited to clear cases of “use by the public” has
been abandoned. The term “public use” has now
been held to be synonymous with “public
interest”, “public benefit,” “public welfare,” and
“public convenience.” (Reyes vs. NHA, 395
SCRA 494 [2003])

Notes of hotjurist
In foro conscientiae
 c) What is the interest rate in expropriation
cases?

Ans: Legal rate is 6% from the time of taking to

the time of payment. Back rentals not
recoverable. (MIAA vs. Rodriguez)

V

1) What are the requisites of:

c) Reserva Troncal (p. 90, 1st Study Guide for the

Bar)

d) Fideicommissary Substitution (p. 90, 2nd Study

Guide for the Bar)

2) What is “disposicion captatoria”? Is it valid? What is

its effect on the testamentary disposition?

Ans: The condition that the heir shall make some

provision in his will in favor of the testator or of
any other person is what is known as a condition
captatoria. Consequently, if the testator makes a
testamentary disposition in his will subject to
such a condition, it is known as a disposicion
captatoria. Under our law, not only the condition
but the entire testamentary disposition shall be
void (Art. 875, NCC). The reason for this is that
sucession is an act of liberality and not a
contractual agreement. Besides, to permit it
would impair the heirs’ freedom of disposition
with respect to his own property. Furthermore, it
would be equivalent to allowing the testator to
dispose of the property of another after the
latter’s death (6 Manresa 241).

Notes of hotjurist
In foro conscientiae
3) Distinguish between the free portion and the
disposable free portion?

Ans: Where there are other heirs entitled to

legitime, like illegitimate children who are entitled
to ½ of the legitime of the legitimate children, the
legitime of the latter shall be taken from the free
portion consisting of ½ of the hereditary estate.
The free portion shall no longer be disposable if
the decedent is survived by legitimate children or
descendants, the surviving spouse, and several
illegitimate children so that there is nothing left for
free disposal (Art. 895, NCC), such as when
there is a concurrence of one legitimate child, the
surviving spouse, and 2 or more illegitimate
children.

4) Define or explain the following concepts in

succession:

a) accretion.

b) collation

Ans:

a) Accretion is a right by virtue of which, when

two or more persons are called to the same
inheritance, devise or legacy, the part assigned
to the one who renounces or cannot receive
his share, or who died before the decedent, is
added or incorporated to that of his co-heirs,
co-devisees, or co-legatees. (Art. 1015, NCC)

b) Collation , under Arts. 1061 to 1077 of the

NCC, refers to the act of restoring to the
common mass of the hereditary estate, either
actually or fictitiously, any property or right,

Notes of hotjurist
In foro conscientiae
 which a compulsory heir, who succeeds with
other compulsory heirs, may have received by
way of donation or any other gratuitous title
from the decedent, during the lifetime of the
latter, but which is understood for legal
purposes as an advance of his legitime.

V

1) What are the requisites of a contract?

Ans: The following: (1) consent (2) object certain

(3) cause or consideration.

2) What is a “contract-implied-in-fact”? Give an example

(see p. 101, 1st Study Guide for the Bar)

3) What are the essential characteristics of contracts?

a) Obligatory force – binding on the parties.

b) Relativity of contract – binding only on the parties

except where there is a stipulation pour atrui in favor
of a third party accepted by the latter.

c) Mutuality of contracts – based on essential equality

between the contracting parties. The obligation is void
for being potestative if its compliance and validity
depends exclusively upon the will of one of the
contracting parties.

d) Autonomy or freedom of contracts – the parties may

make any stipulation or covenant provided that it is
not contrary to law, morals, good customs or public
policy.

Notes of hotjurist
In foro conscientiae
e) Complimentarity of contract or “contracts construed
together” principle – the implementing agreement
cannot vary the main agreement of which it is a part.

X

1) A sells his car to B to be delivered to and be paid by B

after one week. On the 3rd day, the Car is hit by
lightning and is totally wrecked.

Who bears the risk of loss?

Ans: A because ownership still remains with him

and will be transferred to the Buyer only upon
delivery. The owner bears the risk of loss. Res
perit domino. B is not obliged to pay A.

2) a. Distinguish between conventional subrogation of

rights of creditors and assignment of credit.

b. Does assignment of credit require the consent of

creditors?

Ans: No. Mere notice to creditor is sufficient.

Please read pp. 134 to 136 of the 2 nd Study
Guide for the Bar for a comprehensive
discussion)

3) a. Define obligation?

Ans: A judicial necessity to give, to do or not to do

(Art. 1156).

b. What are the sources of obligation?

Ans:

1) Law , e.g., support, easement.

Notes of hotjurist
In foro conscientiae
 2) Contract – law between the parties provided it is
not contrary to law, morals, good customs, public
order or public policy.

3) Quasi-contract – based on the equitable

principle of unjust enrichment .

a) solutio indebeti – to return what is received by

mistake; and

b) negotionism gestio – to compensate for any

benefit done even without an agreement. In the
Revised Penal Code, under Justifying
Circumstance No. 4, Art. 11, the person
benefited by avoidance of greater evil or injury
is civilly liable for the damage, the only
justifying circumstance when there is a civil
liability involved in consonance with the
equitable principle to prevent unjust enrichment
at the expense of another. The person
benefited, not the actor, is liable.

4) Felonies – acts or omissions punishable by law.

5) Quasi-delicts or tortuous acts by any person

who, there being fault or negligence causes
damage to another.

c. Define the following:

1) Fortuitous event

2) Expromision

3) Delegacion

4) Novation

Notes of hotjurist
In foro conscientiae
 5) Dacion en pago

d. What are the different kinds of an obligation? (read

2nd Study Guide for the Bar pp. 115-131)

e. What are the modes of extinguishing an obligation?

Ans: The following:

1) NO – Novation

2) CO – Compensation

3) RE – Remission or Condonation of debt

4) PA – Payment or performance

5) LO – Loss of the thing due

6) AN – Annulment

7) RE – fulfillment of a Resolutory condition

8) RE – Rescission

9) PRES - Prescription

1) Explain the concept and nature of natural obligations.

Ans: Natural obligations, not being based on

positive law but on equity and natural law, do not
grant a right of action to enforce their
performance, but after voluntary fulfillment by the
obligor, they authorize the retention of what has

Notes of hotjurist
In foro conscientiae
 been delivered or rendered by reason thereof
(Art. 1423).

2) What is the concept of quasi-contracts?

Ans: Article 2142. Certain lawful, voluntary and

unilateral acts give rise to the juridical relation of
quasi-contract to the end that no one shall be
unjustly enriched or benefited at the expense
of another.

3) Define:

a. Negotiorum gestio

b. Solutio Indebiti

Ans:

a. Negotiorum gestio – Article 2144. Whoever

voluntarily takes charge of the agency or
management of the business or property of
another, without any power from the latter, is
obliged to continue the same until the termination
of the affair and its incidents, or to require the
person concerned to substitute him, if the owner
is in a position to do so.

b. Solutio Indebitii – Article 2154. If something is

received when there is no right to demand it, and
it was unduly delivered through mistake, the
obligation to return it arises.

X

1) Are corporations entitled to recover moral damages?

Notes of hotjurist
In foro conscientiae
 Ans: As a general rule, a corporation is not
entitled to recover moral damages because it is
incapable of feeling pain and mental anguish.
However, it may recover damages in case of libel
or defamation.

2) A marries B while A’s marriage to C has not been

dissolved. C sues A for Bigamy. Thereafter, A files a
case for annulment of marriage against C on the
ground of fraud.

May the criminal action be suspended on the

ground of Prejudicial Question? Give 2 reasons.

ANS: No. (1) Under the new rule, the civil action
must have been filed ahead of the criminal action
for prejudicial question to apply.

(2) The issue in the civil case is not determinative

of the guilt or innocence of A in the criminal case.
Bigamy is committed by a person who contracts
a second marriage while the first marriage is
subsisting and has not been dissolved. Whether
the prior marriage is dissolved or not, bigamy
may be committed.

X

1) Is extra-judicial foreclosure before a notary public

valid?

Ans: Yes, it is allowed under Act 3135

(Tagunicar vs. Lorna Espress, February 28,
2006, J. Gutierrez)

2) When may a mortgagor file a motion to set aside

foreclosure sale in the same summary proceeding for
issuance of a writ of possession?

Notes of hotjurist
In foro conscientiae
 Ans: Within 30 days from the time possession is
turned over to the mortgagee or highest bidder.

3) Under the Recto law, may property be foreclosed

other than the chattels acquired by the loan secured
by the chattel mortgage?

Ans: No, because that would violate the rule

against deficiency judgment in case of
foreclosure upon default in the payment of 2 or
more installments. As held by the Supreme Court
in a case, the other property included in the
chattel mortgage may not be foreclosed.

God Bless the 2008 BAR and its examinees.

Notes of hotjurist
In foro conscientiae