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When their relationship soured, Carmen filed for

REVIEW NOTES declaration of nullity of marriage before the

CIVIL LAW
Makati RTC. Wolfgang in turn obtained a divorce
decree from a German court. The decree awarded
to Wolfgang the custody of the children. Wolfgang
then filed a motion to dismiss the nullity case on the
RONEY JONE P. GANDEZA
basis that a divorce decree had already been issued.
Professor, University of the Cordilleras
Gov. Pack Road, Baguio City The RTC granted the motion. Undaunted, Carmen
Unit 10 2ND Floor BBCCC Bldg. filed a partial motion for reconsideration with a
No. 56 Assumption Road, Baguio City prayer that the case should proceed to determine
gandezalaw@yahoo.com the issue of custody of the children. Judgment for
whom?

Judgment for Carmen. Divorce decrees obtained by


QUESTION NO. 1 foreigners in other countries are recognized in our
Abe gave Bea an engagement ring. Shortly before jurisdiction. But the legal effects of such decrees must
their wedding, Abe was killed in a car accident. still be determined by our courts. Before our courts can
Abe’s estate brought an action to recover the ring. give the effect of res judicata to a foreign judgment, it
How would a court rule? must be shown that the parties to the judgment had
been given ample opportunity to do so. Here, it cannot
It depends. If Abe gave the ring to Bea in consideration be said that Carmen was given the opportunity to
of their marriage, the gift partakes of a donation challenge the judgment of the German court. The RTC
propter nuptias which may be revoked on the ground should therefore set the case for trial to determine the
of non-celebration of the marriage under Article 86(1) issue of parental custody, care, support and education
of the Family Code. The action to recover the ring of the children. (Roehr v. Rodriguez, G.R. No. 142820,
prevails. June 20, 2003)

If Abe gave the ring to Bea because of his love for her, QUESTION NO. 4
the ring may be recovered if its value exceeds
Php5,000. This is under the rule that if the value of the Shintaro, a Japanese national, married Maria, a
movable donated exceeds Php5,000, the donation as Filipina, in Manila. The marriage did not sit well
well as the acceptance must be in writing to be valid. with Shintaro’s parents. As a result, Shintaro could
(Art. 748, Civil Code) Here, there is no showing that not bring Maria to Japan where he resides.
Abe gave the ring to Bea in writing. The action to Eventually, the couple lost contact with each other.
recover the ring also prevails.
Three years later, Maria met another Japanese,
If the value of the ring does not exceed Php5,000, the Taniguchi. Without the first marriage having been
donation and the acceptance need not be in writing to dissolved, Maria and Taniguchi were married in
be valid. Under Article 748 of the Civil Code, an oral Quezon City. Taniguchi brought Maria to Japan,
donation of this kind is valid if there is simultaneous but their relationship did not last. Maria left
delivery. The action to recover the ring fails. Taniguchi and reestablished a relationship with
Shintaro.
QUESTION NO. 2 Shintaro helped Maria obtain a judgment from a
Abe received a handwritten letter from his mother family court in Japan which declared the marriage
(Lolita) in which she expressed a desire to give her between Maria and Taniguchi void on the ground
diamond ring to Abe’s wife as a token of her love. of bigamy. Shintaro then filed with the Manila
When Lolita died, Abe’s wife immediately claims RTC a petition for “Judicial Recognition of
the ring. Will she prevail? Foreign Judgment or Decree of Absolute Nullity of
Marriage.”
No. Every will must convey clearly the intention of the
testator to dispose of his property after his death. (Art. a. Is the Rule on Declaration of Absolute Nullity of
783, Civil Code) Here, Lolita’s letter is merely an Void Marriages and Annulment of Voidable
expression of an intention to make a gift mortis causa Marriages (A.M. No. 02-11-10-SC) applicable to
and, as the wishes Lolita had not been carried out in a Shintaro’s petition?
will during her lifetime, the letter would have no legal
effect upon the distribution of her estate. No. The Rule on Declaration of Absolute Nullity of
Void Marriages and Annulment of Voidable
Lolita’s letter does not even have the effect of a valid Marriages (A.M. No. 02-11-10-SC) does not apply in
donation inter vivos because there is no showing that a petition to recognize a foreign judgment relating to
the donation was accepted by the donee during the the status of a marriage where one of the parties to the
donor’s lifetime; neither is there any showing that the marriage is a citizen of a foreign country. The rule in
donor during her lifetime came to know of the A.M. 02-11-10-SC that only the husband or the wife
acceptance. (Art. 748, Civil Code) can file a declaration of nullity or annulment of
marriage “does not apply if the reason behind the
QUESTION NO. 3 petition is bigamy.”
Wolfgang is a German national who married b. Does Shintaro have the legal standing to file the
Carmen, a Filipina, in Germany. Out of their petition to recognize a foreign judgment nullifying
marriage were born Caroline and Alexandra. the subsequent marriage on the ground of bigamy?
Yes. The recognition of the foreign divorce decree obligation by paying the penalty, unless the right has
may be made in a Rule 108 proceeding itself, as the been expressly reserved for him.
object of special proceedings (such as that in Rule 108
of the Rules of Court) is precisely to establish the QUESTION NO. 8
status or right of a party or a particular fact. There is Rey properly executes a notarial will. Assume the
no doubt that as the prior spouse, Shintaro has a following clauses in his will and the following
personal and material interest in maintaining the events. Discuss each situation and the legal effects
integrity of the marriage he contracted with Maria and of the events on the testamentary provisions.
the property relations arising from it. (Fujiki v.
Marinay, G.R. No. 196049, June 26, 2013) a) Rey’s will states, “I leave my white Mitsubishi
Montero with Plate No. AFB 346 to Abe.” At the
QUESTION NO. 5 time of Rey’s death, Abe has already died, leaving
Abe sold to Ben a condominium unit in Baguio his son, Zandro.
City. At the behest of Ben, the sale agreement made The legacy to Abe is voided by the fact that Abe
it appear that Abe sold the property to Connie, predeceased Rey. As a result, the property bequeathed
Ben’s daughter. When Abe died, his other children to Abe devolves to Rey’s heirs in intestacy. Zandro has
immediately brought an action against Connie to no right to the property because a voluntary heir who
recover ownership of the condominium unit. They dies before the testator transmits nothing to his heirs.
claim that Connie is merely holding the property as (par. 1, Art. 856, Civil Code)
a trustee of their father. Will the action prosper?
b) Rey’s will states, “I leave to Abe my white
Yes, but only to the extent of the hereditary rights of Mitsubishi Montero with Plate No. AFB 346.” Just
Abe’s other children to preserve their rights to their before his death, Rey sold the Montero.
respective legitimes. Connie, on the other hand, is
entitled to retain her own share as Abe’s heir. The The sale of the property constitutes a revocation of the
action will prosper because there is a presumed legacy. The law grants Rey the right to revoke because
donation in favor of Connie under Article 1448 of the of the ambulatory character of a will. Abe has no right
Civil Code. Under this provision, if the person to to question the sale because the right of an instituted
whom the title is conveyed is a child of the one paying heir, legatee, or devisee to the inheritance is merely
the price of the sale, no trust is implied by law, it being inchoate. (Art. 777, Civil Code)
disputably presumed that there is a gift in favor of the
child. QUESTION NO. 9
Bruno, an Austrian, married Belinda, a Filipina, in
QUESTION NO. 6 Cebu City. During their marriage, Bruno acquired
Amy donated to Ben a property on condition that properties in Cebu and Davao with the money he
Ben will build on it a day care center within two inherited from his parents. Bruno died last week
years. Five years later, Amy, with notice to Ben, survived by Belinda, two legitimate children (Bea
sold the property to Conrad. At this time, Ben has and Carol), and an illegitimate child (Dina).
not yet built a day care center on the property. Is Suppose Austrian law does not allow an illegitimate
the sale a revocation of the donation? child to inherit, is Dina allowed to inherit from
Bruno’s estate under Philippine law?
No. A formal action in court to revoke the donation
must be filed by the donor under Article 764 of the No. Dina’s capacity to inherit from her father is
Civil Code which speaks of an action that has a determined not by Philippine law where the properties
prescriptive period of four years from non-compliance are situated, but by Austrian law under which
with the condition stated in the donation. illegitimate children are not allowed to inherit.

The rule that there can be automatic revocation QUESTION NO. 10


without the benefit of a court action does not apply in
When he was still a bachelor, Abe properly
this case because the donation is devoid of any
executed a will naming his mother as sole heir to an
provision providing for automatic revocation if there
estate valued at Php1 million. A few years later,
is non-compliance with the stipulated condition.
Abe marries Bea. If Abe dies while married to Bea
QUESTION NO. 7 and without changing his will, would Abe’s entire
estate go to his mother?
Abe agrees to paint Rey’s house in a month. They
No. Article 889 of the Civil Code says that the legitime
also agree that Abe will pay a penalty of Php10,000
of legitimate parents consists of one-half of the
if he fails to comply with his obligation. Before Abe
hereditary estates of their children and descendants.
could start painting Rey’s house, he learns that Ben
Under Article 893, if the testator leaves no legitimate
wanted his services for a higher amount. Abe now
descendants, but leaves legitimate ascendants, the
goes to Rey and tells him that he will not be able to
surviving spouse has a right to one-fourth of the
paint his house. He offers to pay Rey the penalty of
hereditary estate which is to be taken from the free
Php10,000. Is Abe allowed to pay the penalty?
portion. Applying these provisions, Abe’s mother is
Yes, but only if Abe had expressly reserved the right. entitled to a legitime of Php500,000, while Bea is
Article 1227 of the Civil Code provides that the debtor entitled to a legitime of Php250,000 which is to be
cannot exempt himself from the performance of the taken from the free portion. The remainder of the
estate (Php250,000) constitutes the disposable portion purchase from a merchant’s stores, or in fairs, or
which goes to Abe’s mother as instituted heir. markets in accordance with the Code of Commerce.
Since Larry acquired the set from a merchant’s store,
QUESTION NO. 11 his possession of the set amounts to a valid title.
Abe, Ben, and Carl co-own a parcel of land. Abe QUESTION NO. 13
sells his share to Dave. A few months later, Ben sells
his share to Eric. Amy married Ben in 2007. Amy is an actress and
Ben a businessman. In 2014, Amy figured that,
a. Is Dave entitled to redeem Ben’s share?
even before their marriage Ben and his family were
Yes, because the right of legal redemption is not notoriously involved in a networking scam. This
limited to the original co-owners. What matters is that fact was not disclosed to her at the time of the
Dave was already a co-owner when another co-owner marriage. Amy feels cheated and thinks that this
(Ben) sold his undivided share. can affect her public image. Does she have a
remedy?
b. Suppose Ben has donated his share to Eric, may
Carl and Dave redeem Ben’s share? Amy has no remedy because Ben’s concealment of his
involvement in a networking scam does not constitute
No. The right of legal redemption may be exercised fraud that would annul the marriage. To annul a
only if the share of a co-owner is alienated to a third marriage on the ground of fraud, only the
person by onerous title. (Art. 1620, Civil Code) circumstances enumerated under Article 46 of the
Because Ben’s conveyance to Eric was not by onerous Family Code constitute fraud. No other
title but by gratuitous title, Carl and Dave are not misrepresentation or deceit as to character, rank,
entitled to redeem. fortune or chastity will constitute such fraud as will
give grounds for the annulment of marriage. Ben’s
c. Suppose Ben sold his share to Dave, may Carl
involvement in a scam, although concealed, may
redeem?
constitute misrepresentation as to his character, but
No. The right of legal redemption may be exercised which would not annul the marriage.
only if the share of a co-owner is alienated to a third
person by onerous title. This right of legal redemption QUESTION NO. 14
is not available here because the buyer is himself a co-
owner. The reason behind the right of legal redemption SM Prime Holdings engaged Ben, a contractor, for
among co-owners is to reduce the number of co- the repainting of all SM malls nationwide. The
owners and avoid the entry of strangers into the co- contract expressly provided that Ben would use
ownership. If the alienation is in favor of a co-owner, only “paint manufactured and supplied by Boysen
the number of co-owners is already reduced and no Paints.” Ben used another paint brand. May
stranger has entered the co-ownership. Boysen Paints sue Ben for damages?

QUESTION NO. 12 No. Boysen Paints was named in the contract merely
as an incidental beneficiary. If a contract should
In the following situations, two parties lay claim to contain some stipulation in favor of a third person, he
the same goods sold. Discuss which of the parties may demand its fulfilment if he communicated his
would prevail in each situation. acceptance to the obligor before its revocation. A mere
incidental benefit or interest of a person is not
a. Abe steals Rey’s television set and sells it to
sufficient. The contracting parties must have clearly
Larry, an innocent purchaser for value. Rey learns
and deliberately conferred a favor upon a third person.
Larry has the set and demands its return.
(par. 2, Art. 1311, Civil Code)
Rey is entitled to the return of the set even without
reimbursement because he had been unlawfully QUESTION NO. 15
deprived of it. Possession of a movable, even if On the occasion of Abe's marriage, his father
acquired in good faith, is not equivalent to title when donated to him a house. A few years later, Abe’s
the true owner had lost it or had been unlawfully marriage is invalidated because of Abe’s
deprived of it, unless the possessor had acquired it in psychological incapacity. May Abe's father revoke
good faith at a public sale. (Art. 559, Civil Code) the donation and get back the house?
Here, Larry’s acquisition of the set was not at a public Yes. Article 86 (1) of the Family Code states that a
sale. His possession of the set, even if acquired in good donation propter nuptias may be revoked by the donor
faith, is never equivalent to title if the marriage is judicially declared void. This
b. Rey takes his television set for repair to Abe who provision makes no distinction as to who furnished the
sells new and used television sets. By accident, one ground in connection with the nullification of the
of Abe’s employees sells the set to Larry, an marriage.
innocent purchaser for value, who takes possession.
Rey wants his set back from Larry.
QUESTION NO. 16
Buyer and Seller enter into a contract under which
Rey can no longer recover the set, even if he offers Seller is to sell all of the palay to be grown on his
reimbursement. An owner of a movable who had lost land to Buyer. After the contract is entered into but
it or had been unlawfully deprived of it can no longer before the palay is harvested, the price of palay
recover the movable even with reimbursement if the rises dramatically. Both Buyer and Seller claim the
possessor had acquired the property in good faith by crop. Judgment for whom?
a. The wife goes to Saudi Arabia to work as a nurse
Judgment for Buyer. Things having a potential at a hospital and refuses to come home after the
existence may be the object of a sale, but the efficacy expiration of her three-year contract.
of the sale is deemed subject to the condition that the
thing will come into existence. (Art. 1461, Civil Code) If the wife refuses to come home within three months
While future things or goods may not be donated, after the expiration of her employment contract, she is
future things or goods may be sold, as in this case. presumed to have abandoned the husband (last par.,
Art. 101, Family Code). If this happens, the husband
QUESTION NO. 17 may file an action for judicial separation of property.
(Art. 135, Family Code)
Abe and Ben co-own a parcel of land. Unknown to
Abe, Larry built a house on the property with the If the wife’s refusal to come home continues for more
consent of Ben. May Abe sue to eject Larry from than one year from the expiration of her employment
the property? contract, the husband may file an action for legal
separation under Article 55 of the Family Code on the
Yes. Under Article 491 of the Civil Code, none of the ground of abandonment of a spouse by the other
co-owners may, without the consent of the others, without justifiable cause for more than one year. The
make alterations in the thing owned in common. wife is deemed to have abandoned the husband when
Consequently, none of the co-owners can, without the she leaves the conjugal dwelling without any intention
consent of the other co-owners, validly consent to the of returning. In any event, the intention of not
making of an alteration by another person in the thing returning to the conjugal abode cannot be presumed
owned in common. during the wife’s three-year employment contract.
The consent given by Ben, but without Abe’s consent, b. The wife discovers after the marriage that her
did not vest upon Larry any right to enter into the co- husband has AIDS.
owned property. Larry’s entry into the property falls
under the classification “through strategy or stealth.” Because AIDS is +a serious and incurable sexually-
transmissible disease, the wife may file an action for
The holding that there is no forcible entry because annulment of the marriage on this ground regardless of
Larry’s entry into the property was not through whether such fact was concealed by the husband from
strategy or stealth because of the consent given to him his wife as long as the disease was present at the time
by one of the co-owners is wrong. Larry’s entry into of the marriage. The marriage is voidable even though
the property without the permission of Abe could the husband was not aware that he had the disease at
appear to be a secret and clandestine act done in the time of marriage.
connivance with co-owner, Ben. Entry into the land
effected clandestinely without the knowledge of the c. The husband discovers after the marriage that
other co-owners could be categorized as possession by his wife was a prostitute before their marriage.
stealth. (Cruz v. Catapang, G.R. No. 164110, Feb. 12,
2008) The husband has no remedy in law if he discovers after
the marriage that his wife was a prostitute before their
QUESTION NO. 18 marriage. The law is clear. No misrepresentation or
deceit as to character, health, rank, fortune or chastity
Abe leased to Rey a building for a monthly rental constitutes fraud as a legal ground for an annulment of
of Php20,000. The contract states that non- marriage. (Article 46, Family Code).
payment of the rent would automatically cancel the
contract, but otherwise Rey could stay on d. The husband has an affair with his secretary and
indefinitely. After five years, Abe tried to eject Rey refuses to stop it despite advice of his friends and
because he planned to tear down the building and relatives.
put up another. Rey refused. Can Abe eject Rey?
The wife may file an action for legal separation
Yes, because the condition in the contract is purely because the husband’s sexual infidelity is a ground for
potestative rendering it void. The continuance of the legal separation under Article 55 of the Family Code.
contract depends solely upon Rey’s choice between She may also file an action for judicial separation of
continuing paying the rentals or not, completely property for failure of her husband to comply with his
depriving the owner of all say on the matter. So long duty of fidelity. (Article 135 (4), Family Code)
as Rey elected to continue the lease by continuing the
payment of the rentals, the owner would never be able QUESTION NO. 20
to discontinue it; conversely, although the owner Tom properly made a will in 1998 giving to his
should desire the lease to continue, the lessee could friend, Fidel, all his cars. In 1998, Tom had three
effectively thwart his purpose by simply stopping cars, but in 2005, when Tom died, he already had
payment of rentals. (Encarnacion v. Baldemar, 77 eight cars. How many cars will Fidel get upon
Phil. 470) Tom’s death?
QUESTION NO. 19 Fidel is entitled to three cars only, the number of cars
Tom had when Tom made his will. Property acquired
Which of the following remedies, i.e., declaration of
between the execution of the will and the death of the
nullity of marriage; annulment of marriage; legal
testator are not included among the properties
separation, or judicial separation of property, may
disposed of, unless it appears in the will that such was
an aggrieved spouse avail himself or herself of:
the intention of the testator. (Art. 793, Civil Code)
(NOTE: The rule under Article 793 of the Civil Code law to those individuals who simulated the birth of
is applicable only to legacies and devises. As to a child. With the consent of Brad, Ana filed the
institution of heirs, Article 781 of the Civil Code petition for adoption.
applies. Thus, an instituted heir is entitled to inherit
from the testator based on the testator’s net hereditary a. Can Ana alone adopt the child?
estate at the time of his death, not at the time of
execution of the testator of his will) No. The Domestic Adoption Act specifically provides
that the husband and wife shall jointly adopt, except if
QUESTION NO. 21 one spouse seeks to adopt the legitimate child of the
other; or if one spouse seeks to adopt his or her own
Abe donated to his friend, Ben, a property on illegitimate child; or if the spouses are legally
condition that Ben must not sell it within 10 years separated from each other. Ana does not fall under any
from the date of donation. In violation of this of these exceptions for the following reasons: First,
condition, Ben sold the land to Carlos one year the child to be adopted is not the legitimate child of
following Abe’s death. Ben in turn died after the Ana or of her husband; second, the child is not the
sale of the land, leaving his son, Dan, as his only illegitimate child of Ana; and third, Ana and Brad are
heir. not legally separated.
When Dan learned that the land which he expected b. Can Ana and Brad file the petition jointly?
to inherit had been sold by his father to Carlos, he
immediately filed an action to annul the sale on the No. Under the Domestic Adoption Act, aliens are
basis that it violated the restriction imposed by qualified to adopt Filipino children only if a) they are
Abe. Carlos defends that Donald has no personality former Filipino citizens who seek to adopt their
sue for annulment of the sale. Who prevails? relatives within the fourth degree of consanguinity; b)
they seek to adopt the legitimate or illegitimate
Carlos prevails. The failure of the donee to comply children of their Filipino spouses; and c) they are
with a condition imposed by the donor gives rise to an married to Filipino citizens and seek to adopt jointly
action to revoke the donation under Article 764 of the with their spouses a relative within the fourth civil
Civil Code. But this right of action belongs to the degree of consanguinity or affinity of their Filipino
donor which is transmissible to his heirs, and may be spouses.
exercised against the donee's heirs.
Here, the child to be adopted is not a relative of Ana
Dan is an heir of the donee (Ben) but not of the donor within the fourth degree of consanguinity. Neither is
(Abe). On this ground alone, he has no legal capacity the child the legitimate or illegitimate child of Ana.
to sue for revocation of the donation. Although he is Therefore, Brad, being an alien, is not qualified to
not seeking a revocation of the donation but an adopt the child. While Ana is qualified to adopt, Brad
annulment of the sale which his father, the donee, has is not. Even if Ana is qualified, she still cannot file the
entered in violation of the condition imposed by the petition without being joined by her husband.
donor, Dan’s action to annul the sale will fail.
QUESTION NO. 23
Annulment may be brought only by those who are
principally or subsidiarily obliged under a contract Abe, owner of an antique shop, asked his friend,
(Art. 1397, Civil Code). As an exception to the rule, a Rey, to mind the store while he went to a local mall
person not so obliged may ask for the annulment of a to mail a package. While Abe was gone, Tessie
contract if he is prejudiced in his rights (DBP us. CA. came into the store and purchased a rare painting
96 SCRA 342) and can show the detriment which for a very low price. When Abe returned, Rey told
would result to him from the contract in which he had him about the sale. Abe immediately brings action
no intervention (Teves vs. PHHC, 23 SCRA 1141). against Tessie for the return of the painting and
claims that Rey did not have authority to make the
Dan cannot show such detriment or prejudice. As a sale. Can Abe recover the painting?
forced heir, Dan’s interest in the property was, at best,
a mere expectancy. The sale of the land by his father No. Abe can no longer recover the painting because he
did not impair any vested right. The fact remains that is estopped from denying Rey’s authority. Agency by
the premature sale made by his father was not voidable estoppel arises when the principal (Abe) intentionally
at all because none of the vices of consent under or by want of ordinary care causes a third person
Article. 1390 of the Civil Code is present. (Tessie) to believe another (Rey) to be his agent who
is not really employed by him.
QUESTION NO. 22 When Abe placed Rey in charge of the store, Tessie
Ana was an unmarried woman when a friend had the right to assume that Rey was the agent of Abe.
entrusted to her the care of an abandoned infant. Rey had apparent authority, because he appeared to be
Eager to have a child of her own, she registered the the agent and Abe, the principal, is estopped from
child to make it appear that she is the child’s denying the agency, even if none existed. (Art. 1883,
mother. Ana reared and cared for the child as if she Civil Code)
were her own. She sent the child to exclusive
schools, doted on her, and used her surname in all QUESTION NO. 24
of the child’s scholastic records.
Abe married Bea in 2005. Abe later meets with an
When the child was ten years old, Ana married accident, and, as part of the treatment, receives a
Brad, an American. Ana later decided to adopt the blood transfusion. The blood was infected with a
child by availing of the amnesty given under the communicable venereal disease, which Abe
contracts, and later transmits to Bea. Can Bea sue commences an action against Abe, praying that the
for annulment? judgment of the sentenciador be voided and his
cock be declared the rightful winner. The judge
No. Affliction of a contracting party with a serious and immediately dismisses the case because he knew of
incurable sexually-transmissible is a ground to annul a no law governing cockfights. He also orders the
marriage only if the illness was existing at the time of return of Rey’s bet. Abe appeals. Who prevails?
the marriage. Moreover, affliction of a contracting
party of a sexually-transmissible disease, regardless of Abe prevails. In Chu Jan v. Bernas, 34 Phil. 631, the
its nature, existing at the time of the marriage and Supreme Court reversed the lower court’s order of
concealed by such party, constitutes fraud that would dismissal and remanded the case to the lower court. A
annul a marriage. Here, Abe contracted the venereal judge should not refrain from rendering a judgment
disease only during the marriage. Therefore, Bea just because there is no law that governs a particular
cannot use it as a ground for annulment. case. In the absence of a law or principle of law, the
rules of fair play must be applied. (Sec. of Justice v.
QUESTION NO. 25 Lantion, 322 SCRA 160 [2000] When a provision of
law is silent or ambiguous, judges ought to invoke a
Tito devised half of a parcel of land to Ana, and the solution responsive to the vehement urge of
other half to Ben, on condition that “upon Ben’s conscience. (Amatan v. Aujero, 248 SCRA 511)
death, whether before or after that of Tito, the half
portion devised to Ben shall be delivered to Ana or QUESTION NO. 28
her heirs should Ben die before Tito.” Upon Tito’s
death, Ben immediately demanded partition of the Tom died in 2005 leaving a holographic will. The
property. Ana refused because according to her, will contains insertions and cancellations which are
Ben is only a second heir. Is Ana correct? not authenticated by his signature. For this reason,
the probate of the will is opposed by Tom’s
Ana is wrong. A fideicommissary substitution has no relatives who stood to inherit intestate from him.
effect unless it is made expressly. The clause under May Tom’s will be probated?
consideration -- upon Ben’s death, whether before or
after that of Tito, the half portion devised to Ben shall Yes, the will as originally written may be probated.
be delivered to Ana or her heirs should Ben die before The insertions and alterations are void because they
Tito -- is not a valid fideicommissary substitution. The were not authenticated by Tom’s full signature under
clause establishes only a simple substitution, the Article 814 of the Civil Code. The original will
necessary result of which is that Ben, upon the death remains valid because a holographic will is not
of Tito, became the owner of an undivided half of the invalidated by the unauthenticated insertions or
property. Being a co-owner of the property, Ben can alterations. (Ajero v. Court of Appeals, 236 SCRA 468)
rightfully demand its partition.
QUESTION NO. 29
QUESTION NO. 26 Abe has a van for sale. He offers to sell the van to
Mr. and Mrs. Cruz, a wealthy couple, offered a Rey for Php300,000. Discuss the legal effect of the
reward of Php2 million in a newspaper to the following events on the offer.
person or persons furnishing information resulting a. Abe dies before Rey’s acceptance, and at the time
in the arrest and conviction of the person or Rey accepts, he is unaware of Abe’s death.
persons guilty of the murder of their son. Shortly
after the advertisement, the police arrested a Abe’s death terminates the offer. An offeree’s power
suspect. The police learned that the suspect was the of acceptance is terminated when the offeror or offeree
boyfriend of a daughter of Ana who suggested the dies or is deprived of legal capacity to enter into the
location at which the suspect was later found and proposed contract. An offer is personal to both parties
arrested. The suspect was charged and convicted. and cannot pass to the decedent’s heirs, assigns or
Ana tried to claim the reward money, arguing that successors-in-interest. This rule applies whether or not
the information she gave to the police led to the the other party had notice of the death or incapacity of
arrest and conviction of the murderer. When Ana the other party.
gave the information to the police, however, she
had not known about the reward. Is Ana entitled to b. The night before Rey accepts, fire destroys the
the reward? vehicle.

Ana is not entitled to the reward because she did not Abe’s offer is terminated. Abe need not even tell Rey
know that it had been offered. To be effective, an offer about the loss of the van for the offer to terminate. An
of reward, as well as any other contractual offers, must offer is automatically terminated if the subject matter
be communicated to the offeree resulting in the of the offer is destroyed before the offer is accepted.
offeree’s knowledge of the offer. An offer without
acceptance does not result into a contract. (Art. 1319, c. Rey pays Php10,000 for a thirty-day option to
Civil Code) One cannot agree to a bargain without purchase the van. During this period, Abe dies, and
knowing that it exists. later Rey accepts the offer, knowing of Abe’s death.

QUESTION NO. 27 Rey’s acceptance results in a perfected contract


notwithstanding Abe’s death. When an offeror
In a cockfight involving the cocks of Abe and Rey, promises to hold an offer open for a specified period,
the sentenciador declares Abe’s cock the winner. and the offeree pays for the promise, an option contract
Not satisfied with the sentenciador’s decision, Rey is created. An option contract is a separate contract
that takes away the offeror’s power to revoke the offer Motion denied. The crime was committed within our
for the period of time specified in the option. The death territorial jurisdiction and is therefore punishable here.
or incompetence of the offeror does not terminate an Under the principle of generality, no one is exempt
option contract -- unless the offeror’s personal from our penal laws, except those who enjoy
performance is essential to the fulfillment of the diplomatic immunity under international law. (Art. 14,
contract. Consequently, Rey can still exercise the Civil Code; Art. 2 Revised Penal Code; see also 3 rd
option against Abe’s estate, since Abe is not required par., Art. 17, Civil Code)
to perform the act of conveying the van to Rey.
QUESTION NO. 32
QUESTION NO. 30 Abe and Amy are married in Baguio City. Abe goes
Abe owns a residential land worth Php500,000. to Hongkong and marries Bea, a Filipina domestic
Unknown to Abe, Ben built a house valued at Php helper. After a month of connubial bliss in the
100,000 on Abe’s property. Answer the following Crown Colony, Abe goes to Singapore and marries
questions on the premise that Ben is a builder in Connie, a Filipina “house manager.” After two
good faith and Abe is a landowner in good faith. months with Connie, Abe goes to Brunei where he
a. May Abe acquire Ben’s house? marries Annie, a Filipina GRO. After three months
of connubial bliss in Brunei, Abe heads for home
Yes. Abe may acquire Ben’s house by indemnifying sweet home. May Abe be prosecuted for bigamy in
Ben of his necessary and useful expenses in building the Philippines at the instance of his first wife,
the house. Article 448 of the Civil Code provides that Amy?
the owner of the land on which anything has been
built, sown or planted in good faith, has the right to No, because Abe did not commit any crime in
appropriate as his own the works, sowing, or planting, Philippine territory. (Art. 14, Civil Code) Bigamy is
after payment of necessary and useful expenses as committed by entering into a subsequent marriage.
provided in Article 546 of the Civil Code. The first marriage, which was entered into in the
Philippines, is not bigamous. The subsequent
b. May Abe require Ben to buy the land? marriages, which are bigamous marriages, were all
entered into abroad, or outside Philippine territory, and
No. Article 448 of the Civil Code says that the owner therefore beyond our criminal jurisdiction.
of the land on which anything has been built in good
faith has the right to oblige the one who built to pay QUESTION NO. 33
the price of the land if its value is not considerably Amy and Bea, Filipinos, both women, enter into a
greater than that of the building, Here, the value of the same-sex marriage in the United States, where such
land which is Php500,000 is obviously considerably a marriage is valid. Is the marriage also valid here?
greater than the value of the house which is
Php100,000. The general rule enunciated in the first paragraph of
Article 26 of the Family Code should apply, under
c. If Ben voluntarily buys the land as desired by which marriages valid where celebrated are also valid
Abe, under what circumstance may Abe have the here. The case does not fit into any of the exceptions
house removed? enunciated in the foregoing provision of Article 26 of
If Ben agrees to buy land but fails to pay, Abe can have the Family Code. Therefore, same sex marriage is
the house removed. (Depra vs. Dumlao, 136 SCRA valid here if valid where celebrated.
475) However, it would seem that the case falls under one
d. In what situation may a “forced lease” arise of the exceptions to the application of the proper
between Abe and Ben? foreign law, i.e., it runs counter to an important public
policy of the forum -- that a marriage should be
Article 448 of the Civil Code states that the builder between a man and a woman. Because of this
cannot be obliged to buy the land if its value is important public policy, same-sex marriage is void
considerably greater than that of the building. In such here.
case, he must pay reasonable rent, if the owner of the
land does not choose to appropriate the building after QUESTION NO. 34
proper indemnity. The parties must agree upon the A ten-year old boy shot a girl with an air gun
terms of the lease and, in case of disagreement, the resulting in her death. The court acquitted the boy
court must fix the terms in the criminal case for having acted without
discernment. The girl’s parents filed for damages
QUESTION NO. 31 against the boy’s parents. How would a court rule?
Abe, a Filipino naturalized American, now a The court would hold the boy’s parents liable. Their
resident of New York, comes back to the liability is made natural as a logical consequence of
Philippines as a balikbayan. He is arrested at the the duties and responsibilities of parents exercising
NAIA in possession of a caliber .38 Smith and parental authority which includes controlling,
Wesson. Charged with illegal possession of disciplining and instructing their children.
firearms, he moves to quash the criminal complaint
based on his constitutional right as a New Yorker In this jurisdiction, the liability of parents is vested by
to bear arms. Decide. law which assumes that when minor children living
with their parent commit a tortuous act, the parents are
presumed negligent in the performance of their duty to
supervise the children under their custody. (Tamargo during the life of the policy the insured property is
vs. CA, 209 SCRA 519) completely destroyed, may Pedro insist that ABC
Co. rebuild his house rather than being paid its
QUESTION NO. 35 insured value?
A grade 6 teacher assigned Ana and Bea to weed No, because in alternative obligations, the right of
the grass in the school yard. Ana found a plastic choice is given to the debtor, unless it has been
headband with an earthworm and tossed it to Bea expressly granted to the creditor. (par. 1, Art 1200,
hitting Bea in her right eye resulting in the loss of Civil Code) In the absence of an agreement in the
the eye. Are Ana’s parents liable? insurance policy giving the right of choice to the
insured, the general rule applies, and therefore, the
No. It was not shown that the parents could have insurer may choose which of the two prestations to
prevented the damage as their child was in school and perform, the performance of one being sufficient.
they have the right to expect their child to be under the
care and supervision of their teacher. Besides, the act QUESTION NO. 39
was an innocent prank and usual among children at
play and which no parent could have any special For damage or injuries arising out of negligence in
reason to anticipate much less guard against. (Cuadra the operation of a motor vehicle, what is the nature
vs .Monfort, 35 SCRA 160) of the liability of the registered owner?

QUESTION NO. 36 The registered owner may be held civilly liable with
the negligent driver either subsidiarily or solidarily.
Abe sold his lot to Ben for Php1 million payable in
five equal annual installments. After registration of The owner may be held subsidiarily liable if the
the sale, the Register of Deeds issued a certificate of aggrieved party seeks relief based on a delict or crime
title in Ben's name. When Ben failed to pay the last under Articles 100 and 103 of the Revised Penal Code.
two installments, Abe filed an action for collection
of sum of money. Upon filing his complaint, Abe On the other hand, the owner may held solidarily if the
tried to cause the annotation of a notice lis pendens complainant seeks relief based on a quasi-delict under
on Ben's title. Is this proper? Articles 2176 and 2180 of the Civil Code.

The notice lis pendens is improper because the case N


( OTE: It is the option of the plaintiff whether to
filed by Abe against Ben is one for collection of sum waive completely the filing of the civil action, or
of money. Annotation of a lis pendens can only be institute it with the criminal action, or file it separately
done in cases for recovery of possession or of or independently of a criminal action. His only
ownership of real property, or to quiet title or to limitation is that he cannot recover damages twice for
remove cloud on it, or for partition or any other the same act or omission of the defendant)
proceeding affecting title to the land or its use or
occupation. The action filed by Abe does not fall under QUESTION NO. 40
any of these cases.
Abe works as a janitor in a building at night. On
QUESTION NO. 37 his way to work, he found a piece of gold necklace
that contains several precious stones. The following
Abe and Rey entered into a contract for the day, Abe decides to take the necklace to a jewelry
purchase of a cow. Abe, the owner of the cow, told store to have it appraised. While pretending to
Rey that the cow was barren (incapable of breeding weigh the jewelry, an employee of the jeweler
and producing calves). Based on this belief, Abe removes several of the stones. Abe brings an action
and Rey negotiated a price several hundred pesos to recover the stones from the jeweler. Will he
less than it would have been had the cow been succeed?
capable of breeding. Just before delivery, Abe
discovered the cow had conceived a calf, and he Yes. As the party in physical possession of the jewelry,
refused to deliver the much more valuable cow to Abe is entitled to be respected in its possession which
Rey. Does Abe have legal grounds to annul the he can enforce against anyone, except the true owner.
contract? (Art. 559, Civil Code)

Yes, Abe may annul the sale on the ground that he QUESTION NO. 41
committed a substantial mistake as to the substance of
the subject matter of the contract. The mistake is A Filipino is convicted by final judgment abroad.
substantial enough because a barren cow is a May he be required to serve time here?
substantially different cow than a breeding one. The
No, because there is no legislation allowing such
law is clear: Even though there may have been no
practice. It would in effect require the Philippine
damage to the party seeking the annulment, a contract
government not only to recognize, but also to enforce,
may be annulled where the consent is vitiated by
a foreign judgment which is penal in nature. (Opinion
mistake. (Art. 1390, Civil Code)
of the Sec. of Justice No. 142, s. 1992)
QUESTION NO. 38 QUESTION NO. 42
ABC Co. insured Pedro’s house for Php1 million.
When may a divorce decree validly obtained in a
As stated in the policy, ABC Co. undertakes, upon
foreign country be recognized in the Philippines?
total loss, to either pay the insured value of the
house, or rebuild it, upon proof of total loss. If
A divorce obtained abroad by an alien may be Yes, Carlito can claim moral damages against Ben, the
recognized in our jurisdiction if the decree of divorce owner of the cargo truck, because of the injuries he
is valid according to the national law of the foreigner. suffered, but as against Abe, Carlito can claim moral
However, the divorce decree and the governing damages only if he proves reckless negligence on the
national law of the alien spouse who obtained the part of the common carrier amounting to fraud.
divorce must be proved. Our courts do not take judicial
notice of foreign laws and judgments. Like any other d. May Dante’s heirs claim moral damages from
facts, both the divorce decree and the national law of both vehicle owners?
the alien spouse must be alleged and proved according
to our law on evidence. (Garcia v. Recio, G.R. No. The heirs of Dante can claim moral damages against
138322, October 2, 2001) both vehicle owners because the rules on damages
arising from death due to a quasi-delict are also
QUESTION NO. 43 applicable to death of a passenger caused by breach of
contract by a common carrier. (Arts. 1755, 1764, 2206
Tom died in 1990 with a will. In his will, he devised and 2219, Civil Code)
a house and lot to Abe, as his first heir and to Abe’s
son, Ben, as hi5 second heir. Ben died in 1995 QUESTION NO. 45
survived by his two children (Eric and Fidel). Abe John, Paul, George, and Ringo are co-owners of an
in turn died in 2000 survived by his two children unregistered land. Unknown to his co-owners, John
(Chito and Dante). registered the land in his name. What is the effect
In the settlement of Abe’s estate, Eric and Fidel of the registration of the land in John’s name?
(Ben’s heirs) sought to exclude the house and lot John never acquired ownership of the land.
originating from Tom on grounds that they are the Registration of a parcel of land subject of co-
exclusive owners of the property. Chito and Dante ownership in the name of one co-owner is not a
opposed the motion on grounds that Ben, the repudiation of the co-ownership for purposes of
second heir, predeceased Abe, and that therefore, prescription. (Ceniza v. Court of Appeals, 181 SCRA
the fideicommissary substitution did not produce 552 [1990]) Under Article 494 (5) of the Civil Code,
any effect as far as Ben, the second heir, is no prescription shall run in favor of a co-owner or co-
concerned. Who prevails? heir so long as he expressly or impliedly recognizes
Eric and Fidel, Ben’s heirs, prevail. Ben, the second the co-ownership. The registration by John of the
heir, acquires a right to the succession from the time community property in his name merely created a trust
of the testator’s death, even though he, Ben, should die in favor of his co-owners.
before the first heir. Ben inherited from Tom as second
heir when the latter died in 1990. When Ben died in QUESTION NO. 46
1995, he transmitted his right as second heir to his own
If a marriage is annulled or declared void by final
heirs, Eric and Fidel, such that when Abe (first heir)
judgment, how soon may the former spouses
died in 2000, the right of Eric and Fidel over the
remarry?
property became absolute.
A decree of annulment or decree of absolute nullity
QUESTION NO. 44 terminates a marriage. There being no more subsisting
A passenger bus owned by Abe and a cargo truck marriage to speak of, the former spouses may marry
owned by Ben collided. Carlito, a bus passenger, again, but only after they comply with Article 52 of
suffered injuries, while Dante, another bus the Family Code. This provision requires the former
passenger, died. The drivers of the two vehicles spouses to register the with the appropriate local civil
were at fault. Carlito, the injured passenger, and registry or registry of property the following: a)
the heirs of Dante sued the owners of both vehicles judgment of annulment or of absolute nullity of
for damages. marriage; b) partition and distribution of the properties
of the spouses; and c) delivery of the children’s
a. May Abe successfully invoke the defense of due presumptive legitimes. Failure to comply with these
diligence in the selection and supervision of his (recording) requirements will render void the
employees to avoid liability? remarriage of the former spouses.

No, he cannot. This is because his liability as a QUESTION NO. 47


common carrier is based on a breach of contract of
carriage. Such a defense will only serve to mitigate Abe is convicted by final judgment of a crime.
Abe’s liability because by then he will be considered Abe’s wife later files an action for legal separation.
as a debtor in good faith. Which of the following facts would most likely have
an impact on the case?
b. May Ben invoke the same defense?
A. Abe is sentenced to suffer imprisonment for
Yes, Ben can properly and successfully invoke the more than six years.
same defense of due diligence in the selection and B. Abe is convicted of a crime involving moral
supervision of his employees because his liability is turpitude.
based on a quasi-delict.
C. Abe is convicted of a crime which carries the
c. May Carlito claim moral damages from both accessory penalty of civil interdiction.
vehicle owners?
D. Abe is a rescidivist.
(A) would most likely have an impact on the case. No. The decision of the court granting Abe’s petition
Under Article 55 of the Family Code, a final judgment for declaration of his wife’s presumptive death under
sentencing the respondent spouse to imprisonment of Article 41 of the Family Code is immediately final and
more than six years, even if pardoned, is a ground for executory upon notice to the parties. (Art. 247, Family
legal separation. Code) The decision is therefore not subject to ordinary
appeal, and the attempt to question it through a Notice
That Abe is convicted of a crime involving moral of Appeal is unavailing.
turpitude as stated in (B) is of no consequence if the
penalty is less than six years. In sum, the losing party in a summary proceeding for
declaration of presumptive death under Article 41 of
That Abe is sentenced to suffer the accessory penalty the Family Code may file a petition for certiorari with
of civil interdiction as stated in (C) would have an the Court of Appeals on the ground that, in rendering
impact only if the crime to which Pedro is convicted judgment thereon, the trial court committed grave
carries a sentence of more than six years. abuse of discretion amounting to lack of jurisdiction.
From the decision of the Court of Appeals, the
Abe’s rescidivism in (D) has no impact because it is aggrieved party may elevate the matter to the Supreme
not one of the grounds for legal separation. Court via a petition for review on certiorari under Rule
45 of the Rules of Court. (Republic v. Granada, G.R.
QUESTION NO. 48 No. 187512, June 13, 2012)
The DENR issued to Abe in 1975 a free patent over
an agricultural land with an area of 30 hectares. QUESTION NO. 50
Abe promptly presented the patent to the Register Abe leased to Rey a building for ten years. Abe has
of Deeds for registration as a result of which OCT repeatedly assured Rey that if he should decide to
No. 375 was issued to him. sell the building, he will give Rey the right of first
refusal.
In 1983, Abe sold the land to Ben on the basis of
which OCT No. 375 was cancelled and TCT No. On the sixth year of the lease, Abe informed Rey
4576 was issued in Ben’s name. In 1986, the that he was willing to sell to Rey the building for
Director of Lands filed a complaint for annulment Php5 million. Rey offered to buy the building for
of OCT No. 375 and TCT No. 4576 on the basis that Php4.5 million. Abe did not reply. One week later,
Abe obtained his patent through fraud. Ben moved Rey received a letter from Larry informing him
to dismiss the case on the ground that he was an that the building had been sold to him by Abe for
innocent purchaser for value and in good faith and Php5 million, and that Larry will not renew Rey’s
that he has acquired a title to the property which is lease when it expires.
valid, unassailable and indefeasible. If you were the
judge, will you grant the motion to dismiss? a. Did Abe violate Rey’s right of first refusal?
No. The lessee’s right of first refusal does not go so far
Motion denied. The government can seek annulment
as to give him the power to dictate on the lessor the
of the original and transfer certificates of title and the
price at which the lessor should sell his property. Upon
reversion of the land to the State. Ben's defense is
the facts given, Abe had sufficiently complied with his
untenable. The protection afforded by the Torrens
commitment to give Rey a right of first refusal when
System to an innocent purchaser for value may be
he offered to sell the property to Rey for Php5 million,
invoked only if the land has been titled thru judicial
which was the same price he got in selling it to Larry.
proceedings where the issue of fraud becomes
Abe certainly had the right to treat Rey’s counter-offer
academic after the lapse of one year from the issuance
of a lesser amount as a rejection of his offer to sell at
of the decree of registration. In public land grants, the
Php5 million. Thus, he was free to find another buyer
action of the government to annul a title fraudulently
upon receipt of such counter-offer.
obtained does not prescribe. The action and will not be
barred by the transfer of the title to an innocent b. Suppose Abe gave Rey an option to purchase
purchaser for value. instead of a right of first refusal, will that make any
difference in your answer?
QUESTION NO. 49 No, the answer will still be the same. An option must
Abe met Bea at a garments factory where both be supported by a consideration separate and distinct
were working. After a brief courtship period, the from the purchase price. In this case, there was no
two got married, and lived for a time as husband separate consideration. Therefore, the option may be
and wife. When the factory closed down, Bea went withdrawn by Abe at anytime.
to Taiwan to seek employment. That was the last c. Is a right of first refusal governed by the Statute
time Abe saw her. Abe recently obtained a court of Frauds?
decree declaring Bea presumptively dead.
No. A right of first refusal is not among the contracts
The Solicitor General disagrees with the ruling which are required to be in writing under the Statute
arguing that Abe had failed to exert earnest efforts of Frauds. The application of Article 1403, paragraph
to locate Bea and that Abe failed to prove his well- 2(e), of the Civil Code presupposes the existence of a
founded belief that Bea was already dead. The perfected contract of sale of real property. A right of
Solicitor General assails the ruling through a first refusal need not be written to be enforceable and
Notice of Appeal. Should the appeal be given due may be proved by oral evidence. (Rosencor
course? Development Corporation v. Inquing, 354 SCRA 119
[2001])
Abe leaves the suit at the store. Abe is to pick up
QUESTION NO. 51 the repaired suit at the store on May 10. Consider
Abe agrees to lease to Rey an office space for five the following separate sets of circumstances:
years at a fixed rent. Before Rey takes possession of
the premises, Rey learns of a much more a. One of Rey’s major creditors obtains a judgment
advantageous opportunity and established his on the debt which Rey owes and has the court issue
office elsewhere. To force Rey to perform, Abe a writ of execution to collect on that judgment all
brings an action to enforce the agreement. What is clothing and other apparel in Rey’s possession.
Rey’s strongest argument? Discuss Abe’s right to the repaired suit on which
the judgment creditor has levied.
The Statute of Frauds is Rey’s strongest argument. To Abe is entitled to demand the return of the suit. Upon
be enforceable, the Statute of Frauds requires certain payment of the price and its delivery to him, Abe
agreements to be reduced into writing and signed by became the owner of the suit. (Art. 1477, Civil Code)
the party to be charged, including agreements creating While Rey was in possession of the repaired suit at the
an interest in land. Leases for more than one year are time of the levy, Rey was in possession not as an
therefore generally covered by the Statute of Frauds. owner but in another capacity. The repaired suit
Since the agreement between Abe and Rey is for a therefore is already beyond the reach of Rey’s
five-year lease, the Statute of Frauds is Rey’s strongest judgment creditor at the time of the levy.
defense to the enforcement of the agreement. (Art.
1403, par. 2(e), Civil Code) b. On May 9, through no fault of Rey, his clothing
store is completely burned, and all contents are a
QUESTION NO. 52 total loss. Between Abe and Rey, who suffers the
loss of the suit destroyed by fire? Explain.
Abe is a police officer. He got married twice during
his lifetime; the first with Bea, and the second, with Abe bears the loss of the suit under the res perit
Carol. Upon Abe’s death, Bea and Carol separately domino rule, he being its owner. The obligation of Rey
filed claims for benefits pertaining to Abe from to return the suit after May 10 is deemed extinguished
various government agencies. Because she received by a fortuitous event. (Art. 1174, Civil Code)
a smaller amount, Carol brought an action for the
return of at least one-half of the amount which Bea QUESTION NO. 54
received.
Abe has a severe heart attack and is taken to the
Two important facts came to light during the trial. hospital. He is not expected to live, and he knows it.
First, Carol had no knowledge of Abe’s previous Because he is a bachelor without close relatives
marriage and that she became aware of it only at nearby, Abe gives his car keys to Rey, telling Rey
the funeral. Second, the prior marriage of Abe to that he is expected to die and that the car is Rey’s.
Bea was solemnized without a marriage license. Is Abe survives the heart attack, but two months later
Carol entitled to half of Abe’s death benefits? he dies from pneumonia. The administrator of
Abe’s estate wants Rey to return the car. Rey
The marriage of Abe and Bea is void for lack of a valid refuses, claiming the car was given to him by Abe
marriage license. The same is true with respect to the as a gift. Discuss whether Rey will be required to
marriage of Abe and Carol for lack of a judicial decree return the car to Abe’s estate.
declaring the first marriage a nullity. Given that the
marriages are void, the applicable property regimes Rey is required to return the car to Abe’s estate. The
would be governed by Articles 147 and 148 of the donation is mortis causa, not inter vivos. It is a mortis
Family Code. causa donation because Abe intended it to take effect
upon his death because of his heart attack. That Abe
Considering that the marriage of Abe and Carol is a died from a cause unrelated to the heart attack does not
bigamous marriage, having been solemnized during detract from the fact that Abe’s death is the operative
the subsistence of a previous marriage then presumed cause that would have conveyed ownership of the car
to be valid, the application of Article 148 is in order. to Rey. Since the donation was not expressed in
accordance with the formalities of wills, the donation
The disputed death benefits clearly consists of benefits
is void and Rey never acquired ownership of the car.
from governmental agencies earned by Abe as a police
officer. Unless Carol presents proof to the contrary, it
could not be said that she contributed money, property QUESTION NO. 55
or industry in the acquisition of these monetary Tom’s driveway runs the entire length of his
benefits. Hence, they are not owned in common by property and connects to Jerry’s property. Jerry
Carol and Abe, but owned by the deceased (Abe) alone has a right of way over Tom’s driveway, which is
and Carol has no right whatever to claim the same. obviously Jerry’s only access to the nearest public
By intestate succession, the “death benefits” of Abe road. The right of way is duly recorded in the
shall pass to his legal heirs. Carol, not being the legal Registry of Property. Jerry later sells his property
wife of Abe, is not one of them. to Larry. Is Larry entitled to use the driveway?

Yes, he being the new owner of the dominant estate.


QUESTION NO. 53 The owner of the dominant estate cannot use the
On May 1, Abe goes to Rey’s Clothing Store to easement except for the benefit of the immovable
purchase a suit. Abe finds a suit he likes for originally contemplated. Since the law makes no
Php7,000 and buys it. The suit needs alteration so distinction whether the owner of the dominant estate
be the original owner at the time of the establishment
of the easement, as in the case of Jerry, or a mere A contract may be perfected in any manner sufficient
transferee of the dominant estate, as in the case of to show a meeting of the offer and the acceptance upon
Larry, then there is no need to distinguish, and this is the thing and the cause which are to constitute the
so because the easement is constituted for the benefit contract, including conduct by both parties
of the dominant estate, regardless of its owner. (Art. manifesting such meeting of their minds. (Art. 1319,
626, Civil Code) Civil Code)
QUESTION NO. 56 QUESTION NO. 59
Romeo and Juliet are married. Shortly before their
Husband obtains a decree of legal separation
wedding, Romeo donated to Juliet in a notarized
because of Wife’s infidelity. Is Wife entitled to
instrument a parcel of land on condition that
inherit from Husband?
should Juliet die before Romeo and there be no
children, half of the property shall be given to It depends. By intestate succession, she cannot.
Juliet’s parents. Nine months after the wedding, According to Article 63(4) of the Family Code, the
Juliet died without issue. Juliet’s parents now claim offending spouse is disqualified from inheriting from
the half share given to them in the deed of donation. the innocent spouse by intestate succession.
Will they succeed?
By testate succession, if the husband executed the will
No. Insofar as the one-half share is concerned, it prior to the decree of legal separation, the wife cannot
cannot be a valid donation propter nuptias nor a inherit from her husband. According to Article 63(4)
donation inter vivos nor a donation mortis causa. of the Family Code, provisions in favor of the
offending spouse made in a will is revoked by
The donation is not a donation propter nuptias because operation of law. However, if the will was executed
the share was not given to one of the spouses. The subsequent to the decree of legal separation, the wife
donation is not a donation inter vivos, for there was no will then be able to inherit from her husband. In such
acceptance on the part of the parents. The donation is a case, there is a tacit or implied pardon. (Art. 1033,
not a donation mortis causa because the deed of Civil Code by analogy)
donation did not have the formalities of a will, aside
from the fact that the donor, Romeo, is still alive. QUESTION NO. 60
QUESTION NO. 57 Abe and Bea were married in 1992. A few years
later, Bea left to work abroad. While on vacation in
A friend called Abe by cellular phone from Tarlac the Philippines in 2003, she found out that her
City to say that his car had suffered a tire blow out husband had married their neighbor in 2001, and
and that he must have a new tire for his car to get that her husband had also filed with the Manila
back home to Baguio City. Over the telephone, Abe RTC in 2002 a complaint for annulment of their
said to the owner of the car repair shop, “Give him marriage under Article 36 of the Family Code.
the tire and I will pay for it.” Is Abe’s oral promise
enforceable? Aggrieved by her husband’s actions, Bea retaliated
by filing with the Makati RTC a complaint for
Yes. Abe’s promise was not one of guaranty, but one bigamy.
in which he made himself directly and primarily
responsible for the amount of credit extended. Thus, While the bigamy case was pending, the Manila
Abe made his own contract with the repair shop owner, RTC rendered a decision invalidating the marriage
as he was not guaranteeing his friend’s obligation. of Abe and Bea on grounds that Bea was
Abe’s oral promise is binding on him. This is not a psychologically incapacitated. This decision has
case of a special promise to answer for the debt, since become final. Should the Makati RTC still
default or miscarriage of another which the law convict Abe of bigamy?
requisites to be in writing to be enforceable.
Yes. When Abe contracted a second marriage in 2001,
QUESTION NO. 58 his marriage with Bea was still subsisting. The finality
of the decision declaring the nullity of his first
Abe, a door-to-door salesman of vacuum cleaners, marriage with Abe came about only in 2007 or about
demonstrated one of the latest model cleaners at six years after his second marriage. It is evident
Mrs. Go’s house. Mrs. Go said that she was therefore that Abe committed the crime charged.
interested in buying the cleaner but would have to
consult her husband before deciding. Abe offered The contention that Abe cannot be charged with
to leave the machine with Mrs. Go, saying, “I’ll bigamy in view of the declaration of nullity of his first
leave it here so that you can show it to your marriage is without merit. The Family Code settled
husband. Here is my number. If I don’t hear from once and for all the conflicting jurisprudence on the
you by the end of the month, I’ll send you a bill for matter. A declaration of absolute nullity of a marriage
the machine.” She agreed. A month passed and is now explicitly required either as a cause of action or
Abe’s bill arrived. Is Mrs. Go liable to pay the a ground for defense. Where the absolute nullity of a
vacuum cleaner? previous marriage is sought to be invoked for purposes
of contracting a second marriage, the sole basis
Yes. By her silence, Mrs. Go accepted Abe’s offer and acceptable in law for said projected marriage to be free
would therefore be liable under the agreement from legal infirmity is a final judgment declaring the
discussed with Abe. Both parties had agreed that previous marriage void. (Teves v. People, G.R. No.
continued silence would be the manner of acceptance. 188775, August 24, 2011)
due diligence in the selection of its clients. As lessee
QUESTION NO. 61 of the car, Mar alone is liable to Jong.
Abe granted Rey a road right of way. Rey was at
that time using a cart and a carabao to transport QUESTION NO. 64
his products from his farm to the market. Ten
years later, Rey asked for a widening of the Abe and Rey are business partners in buying,
easement as he had resorted to the use of a jeepney developing, and selling real estate. Abe learns
to transport his products. Can Rey successfully through the firm staff that five hectares of land will
demand a wider easement? soon come on the market and that the staff will
recommend that the partnership purchase the
Yes, because the width of an easement of right of way land. Abe purchases the property secretly in his
shall be that which is sufficient for the needs of the own name. If the partnership discovers these facts
dominant estate and may, accordingly, be changed and immediately brings suit, what will the court
from time to time. (Art. 651, Civil Code) The needs of say?
the dominant estate determine the width of the
passage. (Sta. Maria v. Court of Appeals, 285 SCRA A court will create a constructive trust and declare that
351 [1998]) Abe, as legal owner of the property, holds the title to
the property in trust for the partnership who, in equity,
QUESTION NO. 62 is actually entitled to the property.

Abe, a widower, has two children (Basilio and A constructive trust may be imposed when a party
Crispin). Basilio in turn has two children (Dante holding legal title to property stands in a fiduciary
and Eric), and Crispin has one child (Fidel). Abe relation to another resulting in an equitable duty to
died without a will with an estate of Php600,000. convey the property on the ground that he would be
unjustly enriched if he were permitted to retain it.
a. At the time of Abe’s death, Basilio and Crispin
have long died. How should Abe’s estate be In the problem presented, Abe stood in a fiduciary
distributed? relation to the partnership and would be unjustly
enriched if allowed to retain the property. Because
The grandchildren inherit by representation and the Abe secretly purchased the property in his own name
following distribution would then take place: Dante and for his own benefit, Abe was under an equitable
and Eric; Php150,000 each, taking Basilio’s share. duty to convey the property to the partnership.
Fidel; Php300,000, taking Crispin’s share.
(NOTE: A constructive trust arises by operation of
The above distribution is per stirpes in accordance law as an equitable remedy that enables plaintiffs to
with the rule that grandchildren always inherit by right recover property (and sometimes damages) from
of representation, whether they concur with children defendants who would otherwise be unjustly enriched.
of the decedent or not. (Arts. 981 and 982, Civil Code) In other words, when a transaction takes place in
which the person who takes the legal estate in property
b. Suppose Basilio and Crispin have renounced cannot also enjoy the beneficial interest without
their inheritance, how should Abe’s estate be violating some established principle of equity, the
distributed? court will create a constructive trust. The legal owner
The grandchildren would inherit in their own right. is declared to be a trustee for the parties who, in equity,
Hence, Dante, Eric, and Fidel will each receive a one- are actually entitled to the ownership of the property.)
third share, or Php200,000.
QUESTION NO. 65
The above distribution is per capita in accordance
with the rule that heirs who repudiate their share may Tom named his friend, Fidel, as one of his heirs on
not be represented (Art. 977, Civil Code) Because condition that Fidel should not enter any gambling
Basilio and Crispin have repudiated their shares, the casino here or abroad for one year after Tom’s
grandchildren will then inherit in their own right being death. As an instituted heir, is Fidel immediately
the relatives (in the descending line) next in degree of entitled to receive the inheritance upon Tom‘s
the decedent. death?

Yes, but Fidel must give a security to guarantee that he


QUESTION NO. 63 would not enter any gambling casino for one whole
Mar charters a car from Avis-Rent-A-Car at the year upon Tom’s death. The security is called caucion
NAIA. No sooner had he driven the car outside the muciana. If Fidel enters any casino during the
airport when, by his negligence, he collides with a prohibited period, he should return whatever he may
taxi owned and driven by Jong, causing damage to have received, together with its fruits and interest.
Jong’s taxi. Jong files an action for damages (Art. 879, Civil Code)
against Mar and Avis based on a quasi-delict. Avis
defends that the complaint fails to state a cause of QUESTION NO. 66
action against the company. Is Avis correct?
Debtor owes Creditor Php400,000. The debt is the
Yes. Avis is not the employer of Mar so there is no subject of a lawsuit, and the court awards Creditor
right of action against Avis under Article 2180 of the a judgment of Php400,000. To satisfy the judgment,
Civil Code. Not being the employer, Avis has no duty the sheriff levies on Debtor’s family home in
to supervise Mar. Neither has Avis the duty to observe Baguio valued at Php500,000. Debtor opposes the
levy on grounds that his family home is exempt register the sale, Cesar acquired a good and a clean
from execution. Judgment for whom? title to the property as against Ben.

Judgment for Creditor. Under Article 160 of the QUESTION NO. 69


Family Code, if judgment is rendered against the
owner of a family home, and the creditor has Tony died with a will under which he left his estate
reasonable ground to believe that the value of the of Php2 Million to his common-law wife (Roshelle)
family home is in excess of Php300,00 (urban land) or and nothing to his legitimate brother, Ronald, and
Php200,000 (rural land), the creditor may apply for an legitimate half-sister, Mimi.
order directing the sale of the family home. Here, the a. Is the disposition of Tony's estate as set out in his
value of Debtor’s family home is in excess of will a valid testamentary disposition?
Php300,000 so the same may be sold at public auction
to satisfy the judgment against him. The foregoing rule Yes, because Tony has no compulsory heirs at the time
applies even if the increase in value of Debtor’s family of his death. (Art. 887, New Civil Code) Brothers and
home resulted from improvements introduced by sisters are not compulsory heirs. Therefore, he can
Debtor. give his entire estate to any person who is not
otherwise incapacitated to inherit from him. A
QUESTION NO. 67 common-law wife is capacitated under the law as
Tony was not married to anyone.
Amy needs Php100,000, so Ben agrees to lend her
the money. To secure the loan, Amy delivers some b. Suppose Tony died intestate, will you have the
of her jewelry to Ben and signs a power of attorney same answer?
giving Ben the power, in case she fails to repay the
loan, to sell the jewelry as her agent for the best No. I will give Ronald, a full-blood brother of Tony,
price that can be obtained and to pay out of the Php8 million from the estate, twice the share of Mimi,
proceeds the unpaid amount of the loan, giving any the half-sister, who is entitled to receive Php4 million.
surplus to her. Having obtained the money, Amy Roshelle is not entitled to receive anything from the
tells Ben that she revokes the power to sell. Is estate because she is not an intestate heir of Tony. (Art.
Amy’s power to sell revoked? 1006, Civil Code)

No, because Amy’s agency is coupled with interest c. Suppose Tony died intestate and he was survived
and therefore irrevocable. Even if Amy dies, the power by his brother Ronald, his half-sister, Mimi, and his
is still not affected. An agency coupled with an interest legitimate son Jayson, how will you distribute his
is a relationship created for the benefit of the agent. estate?
The agent actually acquires a beneficial interest in the
subject matter of the agency. Under these Jayson will inherit the entire estate of Php12 million to
circumstances, it is not equitable to permit a principal the exclusion of Tony’s brother and half-sister. This
to terminate the agency at will. Hence, this type of follows the principle of proximity under which the
agency is irrevocable. relative nearer in degree exclude the more remote ones
and the principle of preference of lines under which
QUESTION NO. 68 descendants exclude collateral relatives from the
inheritance.
Abe owns a residential land in Baguio City. In need
of funds for his wife’s mounting hospital expenses, QUESTION NO. 70
he sold the land to Ben last year. But the deed of Seller, in reply to an inquiry from Buyer, sent a
sale was not registered. This year, Abe again sold letter dated December 8 stating terms upon which
the land to Cesar who registered the sale and he would sell 100 to 300 computer units of a certain
obtained a transfer certificate of title over the brand at a certain price. On December 16, Buyer
property in his name. Who has a better right over sent a letter to Seller ordering 90 computer units on
the land, Ben or Cesar? those terms. On December 18, Seller sent a
It depends on whether Cesar is an innocent purchaser telegram to Buyer rejecting the order. The next day
for value. Under the Torrens System, a deed or Buyer sent Seller a telegram stating, “Please enter
instrument operates only as a contract between the an order for 150 computer units per your letter of
parties and as evidence of authority to the Register of December 8.” Seller refused the order, and Buyer
Deeds to make the registration. It is the registration of sued for breach of contract. Judgment for whom?
the instrument that operates to convey or affect the Judgment for Seller. Buyer’s telegram of December
land. (Sec. 51, PD No. 1529). 16, referring to the terms stated in Seller’s letter of
December 8, varied the number of computer units, and
In cases of double sale of registered land, it is a well- was therefore a counter-offer. A counter-offer is a
settled rule that the buyer who first registers the sale in rejection of the original offer. On December 8, the
good faith acquires a better right to the land. (Art. Seller declined to fulfill the Buyer’s order, thus the
1544, Civil Code). Persons dealing with registered negotiations between the two parties was closed. As a
property are not required to go beyond what appears result, the Buyer’s attempt to fall back on the Seller’s
on the face of the certificate of title. (Orquiola v. CA original offer by the telegram of December 19,
386, SCRA 301, [2002]; Domingo v. Races 401 SCRA therefore, created no rights against the Seller.
197, [2003]). Absent any showing that Cesar knew
about, or ought to have known the prior sale of the land
to Ben or that he acted in bad faith, and being first to
annulment of the marriage or its nullification. In
QUESTION NO. 71 ordinary legitime, the cause of termination is the death
The Family Court of Makati rendered a decision of the decedent who is not necessarily a spouse.
declaring the marriage of Husband and Wife void
under Article 36 of the Family Code because of The term legitime in the law on succession
their mutual psychological incapacity. In its presupposes the existence of a valid and effective will;
decision, the court directed the spouses to partition in presumptive legitime, no will is presupposed. It
the family dwelling and other properties in equal applies without any relation to the existence or non-
shares. existence of a valid and effective will of the “spouses.”

Husband questions the decision regarding the QUESTION NO. 73


partition of the family dwelling. He claims that
under Articles 102 (absolute community) and 129 Employer hired Driver to operate a delivery van.
(conjugal partnership) of the Family Code, the Before allowing Driver to operate the van,
family dwelling should be adjudicated to the spouse Employer checked Driver’s prior job references,
with whom majority of the children choose to required Driver to undergo a physical examination
remain. Husband’s move is expected because all by a doctor, and provided Driver with extensive
the couple’s children have chosen to live with him. training in motor vehicle safety. Medic, the doctor
Is Husband correct? who examined Driver, discovered that Driver had
a sleep disorder that caused Driver to
No. In a void marriage, regardless of the cause, the spontaneously fall asleep and that Driver had on
property relations of the parties during their several occasions fallen asleep while driving. Driver
cohabitation is governed by Article 147 of the Family pleaded with Medic not to inform Employer of the
Code. Under this provision, a peculiar form of co- sleep disorder. Medic agreed, and omitted this
ownership arises when a man and a woman who are information from the physical examination form
capacitated to marry each other, live exclusively with that he sent to Employer. Medic also sent a letter to
each other as husband and wife without the benefit of Employer assuring Employer that Driver was “fit
marriage or under a void marriage. for employment as a delivery van operator.”
Employer then provided Driver with a daily
Article 147 of the Family Code presumes that delivery route and paid him a monthly salary.
property, including the family dwelling, in the absence
of proof to the contrary, were acquired by the parties While Driver was making deliveries for Employer,
through their joint efforts and will be owned by them the van left the road and struck Pedestrian, who
in equal shares. A party who did not participate in the suffered severe injuries as a result. Pedestrian filed
acquisition of property shall still be considered as a lawsuit for damages against Driver and
having contributed thereto jointly if the party’s efforts Employer.
considered mainly in the maintenance of the family
household. a. Is Driver guilty of negligence?
The rules set up to govern the liquidation of either the Yes. By operating the delivery van, Driver owes a duty
absolute community or the conjugal partnership, the to exercise reasonable care to others on the road.
property regimes recognized for valid and voidable Driver failed to conform to the required standard of
marriages, in the latter case until the marriage is care when his van left the road and struck Pedestrian.
annulled, are irrelevant to the liquidation of the co- He knew that he was susceptible to falling asleep and
ownership that existed between Husband and Wife. yet he took the risk that he would not cause harm to
The first paragraph of Article 50 of the Family Code, others by operating the van.
applying paragraphs (2), (3), (4) and (5) of Article 43,
b. Can Pedestrian prevail under the res ipsa
relates only to valid and voidable marriages, and
loquitor rule concerning Driver’s alleged
exceptionally, to a void marriage under Article 40 of
negligence?
the Family Code, i.e., the declaration of nullity of a
subsequent marriage contracted by a spouse of a prior Driver is guilty of negligence but not on the basis of
void marriage before the latter is judiciary declared res ipsa loquitor. He was negligent because he
void. (Valdez v. RTC of Quezon City, 260 SCRA 221 operated the van knowing that he was susceptible to
[1996]) falling asleep while operating a vehicle.

QUESTION NO. 72 The fact that Driver left the road and struck Pedestrian
is not a type of accident that happens only if the Driver
Distinguish between ordinary and presumptive was negligent. There are many other situations that
legitimes. could have caused the Driver to veer off the road,
including mechanical failure, defective steering
Ordinary legitime arises only when a person dies. (Art. wheels, or emergency reaction. Thus, Driver’s
777, Civil Code) The decedent may either be a child, negligence is one of the many possible causes. This
parent or spouse, ascendant or descendant. In a factor makes it highly unlikely that res ipsa loquitur
presumptive legitime, the spouses whose marriage is could be used in such a situation.
annulled or declared void are still alive. It is the
marriage itself which “died” or is terminated. c. What arguments will Pedestrian make in support
of his claim of negligence, what defenses can
While in both kinds of legitimes the marriage is reasonably be asserted, and who is likely to prevail
terminated, the causes of termination are not the same. in a lawsuit filed by Pedestrian against Employer?
In presumptive legitime, the cause is either the
Pedestrian will argue that an employer is vicariously grandchildren (Drew and Eric) shall each inherit
liable for the negligence of his employees committed Php45,000 by right of representation.
within the scope of the employment relationship. Here,
Driver was negligent as discussed. Employer hired b. Discuss the distribution of Abe’s estate if the will
Driver to operate the van and is thus an employer is valid.
within the meaning of vicarious liability. Driver’s Ben and Carla were the heirs originally instituted by
negligence occurred within the scope of the Abe in his will. Such institution concerns only the free
employment relationship because Driver was making disposal. Because Carla predeceased Abe, the proviso
deliveries for Employer when the van left the road and that the free disposal shall be received equally by Ben
struck the Pedestrian. and the children of Carla (Drew and Eric) is valid.
Employer will argue that he is liable for negligence Consequently, Ben and the children of Carla are first
only if it can be determined that he failed to exercise given their legitimes as follows: Ben, Php45,000
the diligence required in the selection and supervision which he shall receive in his own right; Drew and Eric
of his employees. Here, Employer made reasonable shall each inherit Php22,500 by representation. The
efforts to investigate Driver’s prior job references and free disposal of Php90,000 is then divided equally
physical conditions. By exerting such efforts, among the three instituted heirs, Ben, Drew and Eric.
Employer would not be liable for negligent hiring or In sum, the heirs shall inherit as follows:
supervision of Driver.
Ben : 45,000 (in his own right)
QUESTION NO. 74 30,000 (as voluntary heir)
Drew : 22,500 (by representation)
Abe and Bea Go were married on May 15, 1996. On 30,000 (as voluntary heir)
February 7, 1997, Bea gave birth to Donald. But
before Donald’s birth, Abe left the conjugal abode Eric : 22,500 (by representation)
and lived with another woman. In retaliation, Bea 30,000 (as voluntary heir)
registered Donald as illegitimate with an
“unknown” father. The item regarding the date QUESTION NO. 76
and place of marriage of parents was left blank.
Abe owes Rey Php100,000 due on June 1. Abe has
In 1999, Abe and Bea reconciled. Abe then been in a freak car accident, has already missed a
discovered the following: (a) The last name of great deal of work, and consequently will not have
Donald is Go, which is Bea’s maiden last name; (2) the money on June 1. Larry, Abe’s father, offers to
His name as the father of Donald is not entered, but pay Rey Php25,000 in four equal installments if
marked “unknown,” and (3) There is no Rey will excuse Abe from any further liability on
information about the date and place of marriage the debt. Rey accepts.
of the parents. May Abe seek a correction of the
entries in the certificate of birth of his son, Donald, a. Is the transaction a novation?
without judicial order under RA 9048? Yes, the transaction is a novation because it involves
the substitution of Larry as new debtor in place of Abe,
No. The errors are not clerical within the meaning of the original debtor. This is true even if the substitution
RA 9048 because the correction involves the change is with the knowledge of Abe or without his
of status of Donald from “illegitimate” to “legitimate.” knowledge or against his will. (Art. 1290, Civil Code)
Abe has to file the proper court action to effect the
correction of the erroneous entries in the birth b. Does the agreement between Rey and Larry have
certificate of his son, Don. to be in writing to be enforceable?

QUESTION NO. 75 No. Larry’s promise was not one of guarantee, but one
in which he made himself directly and primarily
Abe, a widower, has two married children (Ben and responsible for the amount of credit extended. Thus,
Carla). Carla has two children (Drew and Eric), Larry made his own contract with Rey, as he was not
while Ben has no children. Abe dies, leaving a will guaranteeing his son’s obligation. Put otherwise,
that gives all his property equally to his children, Larry’s oral promise is binding on him because this is
Ben and Carla, and provides that should a child not a case of a special promise to answer for the debt,
predecease him, leaving grandchildren, the default or miscarriage of another which the law
grandchildren are to inherit equally with the requisites to be in writing to be enforceable. (Art.
surviving child. Carla has predeceased Abe. Abe 1403, par. 2(a))
dies with an estate valued at Php180,000.
QUESTION NO. 77
a. Discuss the distribution of Abe’s estate if the will
is invalid. Mrs. Cruz leaves a painting worth Php50,000 in
her will to her grandson, Sam. Shortly before her
Should Abe’s will be denied probate, his estate will be death, the painting is destroyed in a fire. Mrs. Cruz
distributed as in intestacy. Under Article 981 of the does not change her will. What will Sam receive?
Civil Code, should children of the deceased and
descendants of other children who are dead, survive, Sam is not entitled to receive anything from his
the former shall inherit in their own right, and the latter grandmother’s estate. Under Article 957 of the Civil
by right of representation. Consequently, Ben shall Code, the legacy or devise is without effect if the thing
inherit in his own right Php90,000, while the bequeathed is totally lost during the lifetime of the
testator, or after the testator’s death without the heir’s No. Article 151 of the Family Code does not apply
fault. because it is not exclusively between or among family
members. The inclusion of Donna as defendant and
QUESTION NO. 78 Bea as plaintiff takes the case out of the ambit of
Article 151 of the Family Code. The phrase “members
What are the rules for the liquidation of the of the same family” refers to the husband and wife,
absolute community of property or conjugal parents and children, ascendants and descendants, and
partnership of gains in case of death of a spouse? brothers and sisters, whether of the full or half-blood.
Here, Carol (Abe’s wife) and Donna (Chito’s wife)
The rules regarding the liquidation of the absolute are considered strangers to the family of Abe and
community or conjugal partnership are the same. Chito for purposes of Article 151 of the Family Code.
These are: (Hontiveros v. RTC Iloilo City, Br. 25, 309 SCRA 340)
1. If a special proceeding for the settlement of estate
of deceased persons under the Rules of Court has QUESTION NO 80
been instituted after the death of one spouse, the
absolute community or conjugal partnership shall Seller and Buyer were dealers in cattle. During an
be liquidated in the said proceeding. extremely hot spell, Seller was worried over the fact
that he had too many cattle on the market.
2. If no special proceeding for the settlement of estate Discovering this fact Buyer jokingly offered to buy
of the deceased spouse is instituted, the surviving the cattle. After some dickering as to price, the
spouse shall liquidate the absolute community or parties apparently came to an agreement. Buyer
conjugal partnership either judiciary or extra- later insisted that the whole transaction was a joke.
judiciary within one year from the death of the Seller believed that Buyer’s offer to buy the cattle
spouse. was made seriously. Seller sues for damages. Who
wins?
3. If no liquidation is made within one year from the
death of the deceased spouse, any disposition or Seller wins. A contract results from an offer and the
encumbrance involving any community or acceptance thereof. In other words, every contract
conjugal property of the terminated marriage shall must have mutual consent of the parties which is
be void. manifested by a meeting of the offer and the
acceptance upon the thing and the cause which are to
4. Should the surviving spouse contract a subsequent constitute the contract. The offer must be certain and
marriage without liquidating the community the acceptance absolute. (Art. 1319, Civil Code) The
property or conjugal partnership, a mandatory elements of offer and acceptance are present in the
regime of complete separation of property shall instant problem. Undisclosed intentions of one party
govern the property relations of the subsequent are not part of the contract. If the law were otherwise,
marriage. This is to protect the heirs of the a party might successfully escape his obligations on a
deceased spouse. (Arts. 103 and 130, Family Code) contract by stating that he was only joking.
QUESTION NO. 79 QUESTION NO. 81
Abe has a wife and two sons, both legitimate. His Brenda orally offers to sell a number of household
estate, including a house, a car, shares of stocks, items to Daria. No item is worth more than
and savings in a bank account, is worth Php2.1 Php30.00, but the total price for the items is
million. If Abe dies without a will, how shall his Php550.00. Daria orally accepts the offer. Brenda
estate be distributed? later receives an offer from another buyer to buy
all the items for Php750.00, which Brenda accepts.
Abe’s wife and two sons will each inherit Php700,000.
Can Brenda argue that the contract with Daria is
If a widow or widower and legitimate children or
not enforceable because it was made orally and not
descendants are left, the surviving spouse has in the
in writing?
succession the same share as that of each of the
children. (Art. 996, Civil Code) Yes, because the total price in the contract is
Php550.00. In sale of goods, the Statute of Frauds,
QUESTION NO. 80 under Article 1403 No. 2(d) of the Civil Code, requires
that the contract be in writing to be enforceable if the
Abe is married to Bea, while Chito is married to price isPhp500.00 or more. The claim that the Statute
Donna. Abe and Chito are brothers. Due to a of Frauds does not apply because the unit price of each
property dispute, Abe and Bea filed a possessory item sold is less than Php500.00 is not tenable because
action against Chito and Donna. Citing Article 151 what controls is not the unit price but the total price of
of the Family Code, Chito and Donna moved to the goods sold.
dismiss the complaint for failure to state a cause of
action. Chito and Donna claim that the absence of QUESTION NO. 82
an allegation in the complaint that earnest efforts
toward a compromise between members of the Husband and Wife own a property. Wife donated
same family had been made and that it was her interest in the property to Husband five years
unsuccessful, renders the complaint fatally before her death; Husband devised his half of the
defective. Should the court dismiss the complaint? property to his brother, Abe. Husband and Wife
died simultaneously in a car accident. Husband is
survived by his brother, Abe, while Wife is
survived by her brother, Rey. What interests do price the latter paid therefor, the judicial costs incurred
Abe and Rey hold on the property? by him, and the interest on the price from the day on
which the same was paid. In paying only such amount,
Abe inherits half of the property, while Rey inherits Debtor exercises his right of legal redemption.
the other half, both as intestate heirs of the deceased
couple. The couple died simultaneously, and therefore, (NOTE: The right of redemption granted in Article
there shall be no transmission of successional rights 1634 of the Civil Code is proper only in case of sale of
from one to the other. (Art. 43, Civil Code). Because the credit in litigation, and not to cases of barter,
the couple died simultaneously, they retained their donation, or other modes of acquisition.)
respective half interests in the property, which in turn
devolve to their heirs. Wife’s earlier donation of her QUESTION NO. 85
half share to Husband is void because it was made
during the marriage and is not a moderate gift under Aragon is indebted to Benitez and Chua in the
the circumstances. (Art. 87, Family Code) amount of Php200,000. Upon maturity of the debt,
Aragon fails to pay so Benitez and Chua sue him in
QUESTION NO. 83 a complaint for sum of money. Aragon answers the
complaint and before actual hearing, Benitez
Zirxthoussous Garcia filed a petition for change of assigns his right to the credit to Chua (presumably
name with the Office of the Civil Registrar of ½ or Php100,000) for only Php75,000. How much is
Manila under the administrative proceeding Aragon obliged to pay Chua?
recognized by RA 9048. He alleged that his first
name sounds ridiculous and is extremely difficult Aragon is liable to pay Php200,000 to Chua because
to spell and pronounce. After complying with the the assignment was made to a co-owner. In other
requirements of the law, the Civil Registrar words, Aragon cannot redeem the credit in litigation
granted his petition and changed his first name sold by Benitez to Chua. Article 1635 of the Civil
Zirxthoussous to "Jesus." His full name now reads Code enumerates the three instances when the debtor
"Jesus Garcia." cannot redeem a credit in litigation which is sold by
his creditor, one of them being an assignment or sale
Jesus Garcia moved to General Santos City to work to a co-owner.
in a multi-national company. There, he fell in love
and married Grace Garcia. Grace requested him to QUESTION NO. 86
have his first name changed because his new name,
"Jesus Garcia" is also the name of her father who In 1976, under a homestead patent, Abe obtained
abandoned her family and became a notorious an original certificate of title over a big tract of
drug lord. She wanted to forget him. In due time, land. Upon Abe’s death in 1978, the land was
Jesus filed another petition with the Office of the transferred by succession to his son Ben who
Local Civil Registrar to change his first name to obtained a certificate of title in his name. In 1989,
"Roberto." He claimed that the change is Ben mortgaged the land to PNB as security for a
warranted because it will eradicate all vestiges of loan. Because Ben failed to pay, the bank extra-
the infamy of Grace's father. Will the petition judicially foreclosed the mortgage, purchased the
prosper? property at public auction, and secured a title in its
No. Under the law, Jesus may only change his name name in 1997.
once. In addition, the petition for change of name may Invoking Section 119 of the Public Land Act, Ben
be denied on the following grounds: tried to repurchase the property in 2002, but the
a. Jesus is neither ridiculous, nor tainted with dishonor bank refused. The bank defends that there can no
nor extremely difficult to write or pronounce. longer be any right of repurchase because the
b. There is no confusion to be avoided or created with property was no longer covered by a free patent but
the use of the registered first name or nickname of the by a TCT, and that the right to repurchase had
petitioner. already prescribed.

c. The petition involves the same entry in the same a. Is Ben still allowed to repurchase the property?
document, which was previously corrected or changed Yes. The plain intent of Section 119 of the Public Land
under RA 9048. Act is to give the homesteader every chance to
preserve and keep in the family the land that the State
QUESTION NO. 84 has gratuitously given him as a reward for his labor in
cleaning, developing, and cultivating it.
Debtor owes Creditor Php100,000. Upon maturity
of the loan, Debtor fails to pay and so Creditor sues The fact that the land had been inherited by Ben and a
him for collection sum of money. Debtor answers new title in his name is issued does not bring it outside
the complaint and before actual hearing, Creditor the purview of Section 119. In fact, the policy behind
assigns Debtor’s promissory note to Stranger for the law is fulfilled because the land remains in the
Php80,000. Stranger now demands payment from family of the patentee.
Debtor. How much is Debtor obliged to pay
b. Is Ben’s right to repurchase time-barred?
Stranger?
No. If the land is mortgaged to parties other than rural
Debtor is liable for Php80,000 only, plus cost and banks, the mortgagor may redeem the property within
interest. Under Article 1634 of the Civil Code, when a one (1) year from the registration of the certificate of
credit in litigation is sold, the debtor shall have a right sale pursuant to Act No. 3135. If the mortgagor fails
to extinguish it by reimbursing the assignee for the
to do so, he or his heirs may repurchase the property Yes, because Creditor is an intended beneficiary of the
within five (5) years from the expiration of the agreement between Debtor and Trudy. Under Article
redemption period also pursuant to Section 119 of the 1311 of the Civil Code, if a contract should contain
Public Land Act. (Rural Bank of Davao City, Inc. v. some stipulation in favour of a third person, he may
CA, 217 SCRA 554 [1993]) demand its fulfilment provided he communicated his
acceptance top the obligor before its revocation. A
In extrajudicial foreclosures under Act 3135, the mere incidental benefit or interest of a person is not
debtor or his successors-in-interest may redeem the sufficient. The contracting parties must have clearly
property within one year. This redemption period and deliberately conferred a favour upon a third
should be reckoned from the date of registration of the person. Such a stipulation obtains in this case.
certificate of sale. (Belisario v. Intermediate Appellate
Court, 165 SCRA 191 [1988]. The five-year period
fixed in Section 119 begins to run from the expiration
QUESTION NO. 90
of the one-year redemption period. A seller shipped goods to a buyer by common
carrier, using a shipment contract. When the
Here, the certificate of sale in the name of the bank carrier arrived at the buyer's location, the buyer
was registered in 1997 and the one-year redemption refused to accept the goods unless the driver
period expired in 1998. Reckoned from that day, Ben unloaded them inside the buyer's warehouse. The
had a five-year period, or until 2003, to exercise his driver refused and the goods were subsequently
right to repurchase under Section 119 of the Public damaged. Who bears the risk of loss?
Land Act. Consequently, the complaint filed in 2002
was not time-barred. The buyer bears the risk of loss, since this was a
shipment contract and the seller had completed the
QUESTION NO. 87 performance obligations. Where actual delivery has
been delayed through the fault of either the buyer or
Tessie heard her neighbors talking about her son, seller the goods are at the risk of the party in fault.
Abe, a minor and a polio victim. The neighbours Since the buyer himself delayed the actual delivery of
said that Tessie’s son is a cripple who has no future the goods, he necessarily bears the loss of the goods.
in life. Does Tessie have a remedy against her (Art. 1504(2), Civil Code)
neighbors?
QUESTION NO. 91
Tessie is well within her right to institute a civil action
for damages against her neighbours because of their Abe works for Yellow Cab delivering pizzas in a
vexing or humiliating comments about her son’s motorcycle to customers across the city. One day,
physical condition. Article 26 of the Civil Code clearly in his haste to meet the “30 minutes or free pizza”
provides that every person shall respect the dignity, delivery standard, he causes an accident in which
personality, privacy, and peace of mind of his Rey’s car is damaged. Against whom can Rey file a
neighbours. Talking about Tessie’s crippled son is a civil action for damages?
clear sign of disrespect warranting a cause of action
for damages. Rey can file a civil action either against Abe for
breaching his duty and causing Rey harm, or against
QUESTION NO. 88 Yellow Cab for being vicariously liable for Abe’s
actions, or against both. (Arts. 2176 & 2180, Civil
Due to a sudden burst of lightning, Abe’s carabao Code)
which was tied to a tree in his farm scampered to a
nearby field. The crops on the field which were to QUESTION NO. 92
be harvested in a few days were totally destroyed.
Should Abe be held liable for the damages to the Abe and Ana are engaged to be married. A month
crops? before their wedding, Ana was forced to marry
Rey. Despite the marriage, however, Abe and Ana
No. Article 1174 of the Civil Code expressly provides continued their amorous relationship thru text
that no person shall be responsible for those events messaging and social networking expressing their
which could not be foreseen, or which though love for each other. Rey consults you on whether
foreseen, were inevitable. Here, the incident under these acts of Abe and Ana would constitute an
which Abe’s carabao scampered to the nearby field actionable wrong. Advise Rey.
because of a sudden burst of lightning. is an
occurrence which could not have been foreseen by I would advise Rey that he can bring an action against
Abe. Abe for damages for meddling with or disturbing
Rey’s married relations with Ana. This is an actionable
QUESTION NO. 89 wrong recognized under Article 27 (2) of the Civil
Code.
Debtor owes Creditor the sum of Php20,000 on a
personal debt. Trudy, a third person, promises QUESTION NO. 93
Debtor that he would pay Creditor the full debt if
Debtor will give Trudy's children dance lessons. Tito dies with a will leaving his entire estate of Php6
Debtor faithfully provides dance lessons regularly million to his live-in partner, Marie. Tito is
over an extended period. Can Creditor sue Trudy survived by his brother, Sonny, and his legitimate
for the payment of the debt? half-sister, Ana.
a. Is the disposition in Tito’s will valid? bank has to sell the property and apply the proceeds to
the loan.
Yes. Tito’s testamentary disposition of his entire estate
to his common-law wife is in accordance with the law
on succession. Tito has no compulsory heirs, who can
QUESTION NO. 96
inherit from him. (Art. 887, Civil Code) Under the law, X, Y and Z are co-owners in equal shares of a
brothers and sisters are not compulsory heirs. residential house and lot. During the co-ownership,
Accordingly, Tito can bequeath his entire estate to the co-owners performed the following acts on the
anyone who is not otherwise incapacitated to inherit co-owned property: a) X caused the repair of the
from him. A common-law wife is not incapacitated foundation of the house, then titling to one side, to
under the law, as Tito is not married to anyone. prevent the house from collapsing; b) Y and Z
mortgaged the house and lot to secure a loan; c) Y
b. Suppose Tito dies intestate, how shall his estate built a concrete perimeter fence on the lot; d) Z
be distributed? built a beautiful grotto in the garden; and e) X and
Z sold the property to B for a good price.
Assuming that Tito’s entire estate of Php6 million is
his net hereditary estate, Sonny is entitled to receive A. Is the decision of X in repairing the foundation
Php4 million which is twice the intestate share of Ana, of the house binding on Y and Z? May X require Y
a half-sister, who is entitled to inherit Php2 million. and Z to contribute their 2/3 share of the expense?
Marie is not entitled to inherit anything because she is
not a legal heir of Tito. (Art. 1006, Civil Code) Yes. Under the law, each co-owner has the right to
compel the other co-owners to contribute to the
QUESTION NO. 94 expense of preservation of the thing (house) owned in
common in proportion to their respective interests in
Abe owns a farm land with no access to a public the co-ownership. (Arts. 485 and 488, Civil Code) The
road. He had been passing through Rey’s land with expense incurred by X in repairing the foundation of
Rey’s acquiescence for over 20 years. Abe recently the house is decidedly an expense to preserve the
subdivided his property into ten residential lots and house by preventing its collapse.
sold them to different persons. Rey immediately
blocked the pathway and refused to let Abe’s b. What is the legal effect of the mortgage executed
buyers pass through his land. Did Abe acquire an by Y and Z?
easement of right of way over Rey’s land?
The mortgage does not bind X and shall be deemed to
No. An easement of right of way is discontinuous in cover only the respective rights and interests of Y and
nature - it is exercised only if man actually passes over Z in the house and lot. The mortgage shall be limited
somebody’s land. Under Article 622 of the Civil Code, to the portion which may later be allotted to Y and Z
discontinuous easements, whether apparent or non- in the partition of the property owned in common. (Art.
apparent, may only be acquired by title. 493, Civil Code)

QUESTION NO. 95 c. Is the decision of Y in building a perimeter


concrete fence binding on X and Z? May Y require
To secure a loan from a bank, Abe assigned his X and Z to contribute their 2/3 share of the
leasehold rights over a stall at the public market in expense?
favour of the bank. The assignment provides that
in case of default in the payment of the loan, the Y’s decision in building the perimeter fence is not
bank shall have the right to sell Abe’s rights over binding upon X and Z. Expenses to improve the thing
the market stall as his attorney-in-fact, and to owned in common must be decided upon by a majority
apply the proceeds to the payment of the loan. of the co-owners who represent the controlling
interest. (Arts. 489 and 492, Civil Code) Since Y does
a. Is the assignment a cession or a mortgage? not constitute a majority with a controlling interest in
the co-ownership, his decision does not bind the other
The deed of assignment is a mortgage, not a cession of co-owners.
leasehold rights. A cession would have transferred
ownership to the bank. The grant of authority to the d. Is the decision of Z in building a grotto binding
bank to sell the leasehold rights in case of default is on X and Y? May Z require X and Y to contribute
proof that no such ownership was transferred and that their 2/3 share of the expense?
a mere encumbrance was constituted. There would
have been no need for such authority had the deed of Z’s decision in building a grotto is not binding upon X
assignment been a true cession. and Y. Expenses to embellish the thing owned in
common must be decided upon by a majority of the
b. If the assignment is a mortgage, is the stipulation co-owners who represent the controlling interest.
authorizing the bank to sell the leasehold rights in (Arts. 489 and 492, Civil Code) Since Z does not
case of default a pactum commissorium? constitute a majority with a controlling interest in the
co-ownership, his decision does not bind the other co-
No, it is not. The stipulation is pactum commissorium owners.
only when default in the payment of the loan
automatically vests ownership of the encumbered e. What is the effect of the sale by X and Z?
property in the bank. Here, the bank does not
automatically become the owner of the property upon The sale to B does not bind the 1/3 share of Y and
default of the mortgagor. (Art. 2088, Civil Code) The covers only the 2/3 share of X and Z in the land. (Art.
493, Civil Code) Moreover, Y has the right to redeem
the 2/3 share sold to B by X and Z considering that B sale and the delivery of the car was sufficient to allow
is a third person to whom the ideal shares of the co- Ben to acquire ownership of the car, which he can
owners were onerously alienated. (Art. 1620, Civil lawfully transfer to Dave. Article 559 of the Civil
Code) Code applies only to a person who is in possession in
good faith of the property, and not to the owner
QUESTION NO. 97 thereof. Here, Ben was the owner, and, hence, Dave
Seller sells to Buyer his house and lot for Php1 acquired the title to the car. Non-payment of the price
million payable in five equal annual instalments. in a contract of sale does not render ineffective the
The sale is registered and title is issued to Buyer. obligation to deliver. The obligation to deliver a thing
Buyer later failed to pay the last three instalments is different from the obligation to pay its price.
and Seller files an action for collection of sum of
money, damages and attorney’s fees. Seller QUESTION NO. 100
immediately proceeds to the Registry of Deeds for In 1980, Abe leased to Rey a piece of land for a
annotation of a notice lis pendens on Buyer's period of three years with an option to purchase the
certificate of title. Is the notice lis pendens proper? property during the period of the lease for the price
The notice lis pendens is not proper because Seller’s of Php500,000. After the expiration of the three-
action against Buyer is only for collection of sum of year lease period, Abe allowed Rey to remain in the
money, damages, and attorney's fees. Annotation of a leased premises on a monthly basis at the same
notice lis pendens is proper only in cases involving the rental rate. In 1984, Rey tendered the amount of
recovery of possession of real property, quieting of Php500,000.00 to Abe and demanded that Abe
title or removal of a cloud thereon, or partition or any execute a deed of absolute sale of the land in his
other proceeding affecting title to the land or for the favor. Abe refused on the ground that Rey no
use or occupation thereof. The action filed by Seller longer had an option to buy the property. If Rey
does not fall on anyone of these. files an action for specific performance against
Abe, who will prevail?
QUESTION NO. 98 Abe will prevail. The implied renewal of the lease on
Abe lost Php100,000 in a card game, but he had no a month-to-month basis did not have the effect of
more cash to pay Rey, the winner. When the card extending the life of the option to purchase which
game ended, Abe still owed Rey Php30,000 which expired at the end of the original lease period. Abe is
Abe promised to pay in two weeks. When Abe still therefore correct in refusing to sell on the ground that
failed to pay after three months, Rey filed a suit to the option had expired.
collect. QUESTION NO. 101
a. Will the collection suit prosper?
As a friend, Abe loaned his passenger jeepney to
The collection suit will not prosper. Under Article Rey to allow Rey to bring his wife from Baguio City
2014 of the Civil Code, no action can be maintained to NAIA for his wife’s travel to Hongkong. On the
by the winner for the collection of what he has won in way back to Baguio, people stopped the passenger
a game of chance. jeepney. Rey stopped for them and allowed them to
b. Could Tessie institute an action to recover the ride on board, accepting payments as if they were
amount which her husband lost? ordinary passengers of jeepneys plying their route.
If the money paid by Abe to Rey were conjugal or When Rey was cruising at moderate speed along
community property, the wife could sue to recover it the highway in Sison, Pangasinan, a wayward
pursuant to Article 117(7) of the Family Code which vehicle coming from the opposite direction hit the
expressly provides that losses in gambling are borne jeepney. The jeepney was wrecked.
exclusively by the loser-spouse. Conjugal or
community funds may not be used to pay for such a. What kind of agreement did Abe and Rey enter
losses. And if the money were the exclusive property into with respect to the use of the passenger
of Abe, the wife may also sue to recover it under jeepney?
Article 2016 of the Civil Code if she and the family
needed the money for support. The contract is a commodatum.(Art. 1933. Civil Code)
Commodatum is a contract by which one of the parties
QUESTION NO. 99 (bailor) delivers to another (bailee) something not
consumable so that the latter may use it for a certain
Abe sold his car to Ben who issued a post-dated time and return it.
check. Before the due date of the check, Ben sold
the car to Dave, an innocent purchaser for value. b. Is Rey obliged to pay Abe for the use of the
The check issued by Ben was later dishonored passenger jeepney?
because Ben had already closed his checking
account when he issued the check. Abe sued to No, Rey is not obliged to pay Abe for the use of the
recover the car from Dave on grounds that he had passenger ieepney because commodatum is essentially
been unlawfully deprived of the car by Ben’s gratuitous. (Art. 1933. Civil Code)
deception. Will the suit prosper? c. Is Rey liable to Abe for the loss of the jeepney?
The suit will not prosper because Abe was not Yes, because Rey devoted the thing to a purpose
unlawfully deprived of the car although he was different from that for which it has been loaned (Art.
unlawfully deprived of the price. The perfection of the 1942, par. 2, Civil Code)
where the defendant acted fraudulently or in bad faith.
QUESTION NO. 102 Here, Debtor acted in bad faith because he refused to
Abe owns a mango plantation which he can no pay the value of the note to spite Creditor.
longer properly manage due to a lingering illness. c. Can Creditor ask for nominal damages?
Since Abe is indebted to Rey in the amount of
P500,000, he asks Rey to manage the plantation No, he cannot. Nominal damages are not recoverable
and apply the harvest to the payment of his in this case because Creditor is already indemnified of
obligation, until his debt has been fully paid. Rey his losses with the award of actual and compensatory
agrees. damages. Nominal damages are adjudicated only in
order that a right of the plaintiff, which has been
a. What agreement did Abe and Rey enter into? violated or invaded by the defendant, may be
vindicated or recognized, and not for the purpose of
Abe and Rey had entered into an accessory contract of indemnifying the plaintiff for any loss suffered by him.
antichresis. Under Article 2132 of the Civil Code, by (Art. 2231. Civil Code)
a contract of antichresis the creditor acquires the right
to receive the fruits of an immovable of his debtor, d. Can Creditor ask for temperate damages?
with the obligation to apply them to the payment of the Creditor may ask for, but would most likely not be
interest, and thereafter to the principal of his credit. awarded, temperate damages considering that his
actual damages may already be compensated upon
b. What obligations are imposed by law on Rey as proof thereof with the promissory note. Temperate
a consequence of his agreement with Abe? damages may be awarded only when the court finds
Rey is obliged to pay taxes and charges upon the land that some pecuniary loss has been suffered but its
and bear the necessary expenses for preservation and amount cannot, from the nature of the case, be proved
repair which he may deduct from the fruits. (Art. 2135, with certainty. (Art. 2224, Civil Code)
Civil Code) e. Can Creditor ask for attorney’s fees?
c. Does the law require any specific form for the Yes, because Debtor's act or omission has compelled
validity of the contract? Creditor to sue to protect his interests. Furthermore.
attorneys' fees may be awarded by the court when it is
As to perfection, antichresis is a formal or solemn just and equitable. (Art. 2208, Civil Code)
contract. The amount of the principal and interest must
be specified in writing, otherwise the antichresis is QUESTION NO.104
void. (Art. 2134, Civil Code)
Abe, a widower, has three legitimate children
d. May Abe reacquire the plantation before (Allan, Ben, and Charlie). He executed a will
payment of his indebtedness? instituting as his heirs to his estate of Php120,000
his two children, Allan and Ben, and his friend,
No. Article 2136 of the Civil Code specifically Fidel. Upon his death, how should Abe's estate be
provides that the debtor cannot reacquire the divided?
enjoyment of the immovable without first having
totally paid what he owes the creditor. However, it is The institution of Allan, Ben and Fidel to the entire
potestative on the part of the creditor to do so in order estate results in the preterition of Charlie, a
to exempt him from his obligation under Article 2135 compulsory heir of Abe in the direct line. This
of the Civil Code. The debtor cannot reacquire the preterition of Charlie annuls the institution of Allan,
enjoyment, unless Rey compels Abe to enter again Ben and Fidel as Abe’s heirs. Intestacy results. Allan,
the enjoyment of the property. Ben and Charlie will each get Php40,000. Fidel gets
nothing.
QUESTION NO. 103 QUESTION NO. 105
On January 5, Debtor obtains a loan of Php1
million from Creditor. The promissory note does In the preceding question, suppose Abe instituted
not stipulate any payment of interest. The note is his two children, Allan and Ben, as his heirsl, but
due on December 31. Before the due date of the he gave a legacy of Php30,000 to his friend, Fidel.
loan, Debtor and Creditor become political How should Abe’s estate be divided upon his
enemies. Out of spite, Debtor deliberately defaulted death?
in paying the note, forcing Creditor to bring suit. Assuming that Charlie was preterited, the institution of
a. How much can Creditor recover from Debtor? Allan and Ben is annulled, but the legacy of Php30,000
to Fidel shall be respected for not being inofficious.
Creditor can recover from Debtor Php1 million, Therefore, the remainder of Php90.000 will be divided
together with interest at the legal rate of 12% from the equally among Allan, Ben, and Charlie.
date of judicial or extrajudicial demand. Because
Debtor acted in bad faith, he is also liable to pay all
damages which may be reasonably attributed to the
QUESTION NO. 106
non-performance of the obligation. (Art. 2201(2). Civil Rey and Abe are co-owners of a parcel of land. Rey
Code) recently discovered that Abe had sold his (Abe’s)
b. Can Creditor ask for moral damages? share to Larry on January 1, 2015. The following
year, Rey offered to redeem Abe’s share from
Yes. Under Article 2220 of the Civil Code, moral Larry, but Larry replied that Rey's right to redeem
damages are recoverable in case of breach of contract had already prescribed. Is Larry correct?
marriage under Philippine law. Under French law,
Larry is not correct. Rey can still enforce his right of
the marriage is voidable. Is the marriage also
legal redemption as a co-owner. Article 1623 of the
voidable in the Philippines?
Civil Code gives a co-owner 30 days from written
notice of the sale by the vendor to exercise his right of No. The marriage is void. The rule is: “valid there,
legal redemption. Here, the 30-day period for the valid here”; “void there, void here”; “voidable there,
exercise by Rey of his right of redemption had not voidable here.” However, the case falls under one of
even begun to run because no notice in writing of the the exceptions, Article 36 of the Family Code.
sale appears to have been given to him by Abe.
QUESTION NO. 112
QUESTION NO. 107
Abe built in good faith a house on Ben’s land. As
While sojourning in New York, A and B, both owner of the land, Ben opted to appropriate the
Filipinos, exchanged marital vows through the house and bound himself to pay the proper
internet. Assuming such a marriage is valid in New indemnities.
York, is the marriage valid here?
a. Before the indemnities are given, may the builder
Yes, the marriage is also valid here. The case does not (Abe) retain the house?
appear to fall under any of the exceptions mentioned
in paragraph 1 of Article 26 of the Family Code. Such Yes, Abe, the builder, is entitled to retain the house till
being the case, the general rule on lex loci he is paid the full indemnities since he is a builder in
celebrationis applies, that is, valid there, valid here. good faith. (Art. 448, Civil Code)
b. Is Abe entitled to the rents that accrue in the
QUESTION NO. 108 meantime in case the building is leased to another?
A and B are Filipino overseas workers in Libya. No, because his possession is no longer that of a
They fell in love and decided to get married in possessor in good faith. If Abe receives the rents, he
accordance with Libyan law. On the day of the must deduct them from whatever indemnity is due
wedding, A fell ill and could not make it to the him.
ceremony. Upon advice of his Libyan lawyer, he
requested his best man to stand as proxy during the c. Is Abe legally entitled to the fruits that will
wedding. The marriage was celebrated in accrue during the time he retains the premises?
accordance with Libyan law and valid there as No, for again we may say that he is no longer a
such. Is the marriage valid in the Philippines? possessor in good faith.
Yes. Under Article 26 of the Family Code, a marriage d. Is Ben entitled to collect rent from Abe while the
valid where celebrated is valid in the Philippines. To latter retains the house?
this general rule, the law enumerates exceptions, but a
marriage by proxy is not one of those enumerated. No, otherwise the right of retention till indemnity is
Hence, the marriage is valid. Expressio unius est given would be rendered nugatory.
exclusio alterius. e. If Ben elects to compel Abe to pay the value of
the land (assuming that its value is not considerably
QUESTION NO. 109 greater), is Abe, the builder, entitled to the right of
retention?
H, a Filipino, marries W, an American, in New
York. At the time of the marriage, H was No, because he is the one required to pay. The right of
psychologically incapacitated to enter into retention applies only when landowner appropriates
marriage, although the incapacity manifested itself the building.
five years after the wedding. Assuming that the
marriage is valid in New York, is it also valid here? QUESTION NO. 113
No. The rule is: “valid there, valid here,” except those Abe purchased a property adjacent to that of Ben.
prohibited under Arts. 35 (1), (4), (5) and (6), 36, 37 Abe later discovered after a relocation survey that
and 38 of the Family Code. The marriage is void under a 30-square meter portion of his lot is occupied by
Article 26 of the Family Code. The exception applies. Ben’s house. Despite repeated demands, Ben
refused to vacate the encroached portion. He
QUESTION NO. 110 claims that under Article 448 of the Civil Code, he
has the pre-emptive right to purchase the portion
Two Filipino second cousins got married in Japan encroached upon. Is Ben correct?
where such a marriage is void. Is the marriage
valid here? No. Article 448 of the Civil Code is unequivocal that
the option to sell the land on which another builds,
No. The rule is: “valid there, valid here.” Hence, “void plants or sows in good faith, belongs to the landowner.
there, void here” also. This notwithstanding the fact This advantage in Article 448 of the Civil Code is
that had the marriage been solemnized here, it would accorded the landowner because “his right is older,
have been perfectly valid. and by the principle of accession, he is entitled to the
ownership of the accessory thing.” (Benitez v. C, 266
QUESTION NO. 111 SCRA 242)
H, a Filipino, marries W, his French girlfriend, in
Paris. At the time of the marriage, H is
psychologically incapacitated to enter into
deed of sale. It is expressly agreed in the deed that
QUESTION NO. 114 the sale would ipso facto be of no effect upon
A contract to sell states that “title will be Buyer’s failure to pay as agreed. Buyer fails to pay
transferred by Seller to Buyer only upon complete on maturity, so Seller sues to declare the contract
payment of the purchase price.” When Buyer of no force and effect. If Buyer tenders payment
failed to pay, Seller filed for rescission. Is the action before the filing of the action (but after the
proper? stipulated date of payment), would the action still
prosper?
No. In a contract to sell, the seller retains title to the
thing sold until the buyer fully pays the purchase price. The action would not prosper. According to the law,
The full payment is a positive suspensive condition, “in the sale of immovable property, even though it may
the non-fulfillment of which is not a breach of contract have been stipulated that upon failure to pay the price
but merely an event that prevents the seller from at the time agreed upon the rescission of the contract
conveying title to the purchaser. The non-payment of shall of right take place, the vendee may pay, even
the purchase price renders the contract to sell after the expiration of the period, so long as no demand
ineffective and without force and effect. (Ayala Life v. for the rescission of the contract has been made upon
Burton Development Corp., 479 SCRA 462). Since him either judicially or by notarial act. After the
the obligation of seller did not arise because of the demand, the court may not grant him a new term. (Art.
failure of buyer to fully pay the purchase price, Article 1592, Civil Code)
1191 of the Civil Code (which provides for rescission)
would have no application. QUESTION NO. 118
Anton borrowed Ben’s truck. During a fire which
QUESTION NO. 115 broke out in Anton’s garage, he had time to save
Seller agreed to sell to Buyer a parcel of land for only one vehicle, and he saved his car instead of the
Php100,000. Buyer was given up to 30 days to raise truck. Is Anton liable for the loss of Ben’s truck?
the necessary funds. Buyer paid nothing for the Yes. The bailee in commodatum is liable for the loss
privilege of making up his mind. Before the lapse of the thing loaned, even if it should be through a
of the 30-day period, Seller backed out of the fortuitous event if, being able to save either the thing
agreement. Buyer now sues to compel Seller to sell. borrowed or his own thing, he chose to save the latter.
Is Seller required to sell the property to Buyer? (Art. 1492, Civil Code)
No, for this was merely a unilateral promise on the part
of Seller to sell, without a corresponding promise on QUESTION NO. 119
the part of Buyer to buy. Seller’s promise is not
binding on him since there was no consideration A, B, and C are co-owners of a parcel of land.
distinct from the price. Hence, even if Seller’s promise Unknown to his co-owners, A sold a specific portion
had already been accepted by the would-be buyer, of the co-owned property to D, who immediately
Seller could still legally withdraw from the agreement. takes possession and builds a house thereon. Per
deed of sale executed by A, the portion sold to D is
to be taken from the undivided share of A in the
QUESTION NO. 116 co-owned property. Several years later, D sold his
X, the owner of a certain jewelry, entrusts them to portion to E.
Y for sale or return upon a specified period. Y sells Meanwhile, A, B and C sold the entire co-owned
the jewelry to Z, but retains the price. Can X property to F who caused the reconstitution of the
obtain possession of the jewelry from Z? certificate of title of his sellers, by which title the
It depends. If the phrase “on sale or return” refers to a entire property was transferred to him. Is the sale
true case of sale from X to Y, it is clear that delivery by a co-owner of a specific portion of a community
to Y transferred ownership to him, and the subsequent property valid?
sale and delivery of the jewelry by Y to Z also
transferred ownership to Z. Hence, X cannot obtain Yes. The mere fact that A transferred a definite portion
possession of the jewelry from Z. X’s right would be of the co-owned property by metes and bounds to D
to proceed against Y as a buyer who has not paid. does not per se render the sale a nullity. There can be
no doubt that the transaction entered into by A and D
If, on the other hand, the phrase “for sale or return” could be legally recognized in its entirely since the
merely meant that X was constituting Y as his agent object of the sale did not even exceed the ideal share
with authority to sell the jewelry, X would still have held by A in the co-ownership. A’s right to sell a part
no right to recover the jewelry from Z (for after all, Z of his undivided interest in the co-owned property is
had already paid for it and therefore, there can possibly absolute in accordance with the well-settled doctrine
be no rescission for non-payment of the price). But this that a co-owner has full ownership of his pro indiviso
time, X’s remedy would be to proceed against Y not share and has the right to alienate, assign and mortgage
as a buyer but as an agent who has failed to render an it, and substitute another person in its enjoyment. (Del
account of his transaction and who has failed to deliver Campo v. CA, 351 SCRA 1 (2001)
to the principal whatever he may have received by
virtue of the agency. (Art. 1891, Civil Code) QUESTION NO. 120
QUESTION NO. 117 A engaged B to build a residential condominium
building on his titled property. To finance the
Seller sells to Buyer a house and lot for Php500,000 construction, A obtained a loan from C, secured by
payable within 60 days after the execution of the a mortgage on the condominium project. When the
loan was not paid. A entered into an agreement at the time of B’s birth is Php40,000, what will be
with C in whose favor he conveyed all his rights and the extent of the reduction of the donation?
interests in the realty project. In the same
The donation shall be reduced by Php20,000, because
agreement, both A and C recognized B’s
H’s free disposal is only to the extent of Php20,000.
contractor’s lien by virtue of which C agreed to
Thus:
assign to him three bedroom units to come from the
condominium project. C later entered into a lease 40,000 value of donation
agreement with AMA Computer School which 40,000 value of estate at B’s birth
converted the condominium building into a 80,000 Net Hereditary Estate
computer school.
Legitime of B: 40,000
Because the conversion included the bedroom units Legitime of W: 20,000
assigned to him, B brought an action against C for 60,000
delivery of his condominium certificate of title. C Free Disposal 20,000
defends on the ground that B is not a condominium Reduction 20,000
buyer within the meaning of the Condominium
Law. Decide. Judicial action is necessary for reduction or revocation
of donation. (Art. 763, Civil Code) Period of
Yes. The term “buyer” under the Condominium Law prescription is four years.
is not limited to those who enter into contract of sale.
Its concept is broad enough to include those who QUESTION NO. 124
“acquire for valuable consideration a condominium
unit.” In the instant case, B is a buyer within the X has no child. At the time he gave a donation of
contemplation of the law (PD 957). He acquired the P100,000, he had P1 million. Therefore, after the
three condominium units as they were assigned to him donation, he had P900,000 left. Later he adopted a
by A in payment of his indebtedness as contractor’s minor child. At the time he made the adoption, he
fees. Clearly, this acquisition of the units was for a had only P50,000 left. Should the donation be
valuable consideration. reduced? How much and within what period?
The donation of Php100,000 should be reduced by
QUESTION NO. 121 Php25,000 because the legitime is impaired to that
A and B are neighbors. On his building’s wall, A extent (the free disposal being only Php75,000). Thus:
opened a window beneath the ceiling joists to admit 50,000 (value at the time of adoption)
light in 1995. Even after 10 years, B may still 100,000 (value of donation)
obstruct the light by constructing on his own lot a 150,000
building higher than A’s unless A makes a notarial
prohibition prohibiting B from making the The action for reduction must be brought within 4
construction. If in 2003 A makes the prohibition, years from adoption.
may B still make the obstruction in 2007?
QUESTION NO. 125
Yes, because it is only in 2013 (ten years after the
notarial prohibition) when A may be said to have H died intestate survived by his wife (W) and their
acquired the negative easement of light and view. two sons (A and B). During their marriage, the
After 2013, B may no longer obstruct. couple acquired a property and there built their
family home. When H died, W and her son, A,
QUESTION NO. 122 informed B of their desire to partition the property
About 15 years ago, A constructed a house on her and terminate the co-ownership. B refused on the
lot adjoining the lot owned by B. He provided it ground that the property which was a constituted
with windows overlooking B’s lot half a meter away family home cannot be partitioned while a minor
from the boundary line. A month ago, B brought beneficiary is still living there; namely, his minor
an action against A for the closure of the windows son, C, who is the grandson of the deceased. Is C a
on the allegation that they violate the law on beneficiary of the family home constituted by his
distances. Has A acquired an easement of light of paternal grandparents?
view by prescription of ten years? To qualify as a beneficiary of a family home, three
requisites must concur: first, the beneficiary must be
No. In the first place, there was no formal prohibition among the relationships enumerated in Article 154 of
under which A prohibited B from obstructing his light the Family Code; second, the beneficiary must live in
and view. In the second place, A did not observe the the family home; and, third, the beneficiary is
legal requirement that there should be a distance of at dependent for legal support upon the head of the
least two meters between the windows and B’s lot, family.
since the view is direct. According to law, non-
observance of this distance does not give rise to Moreover, Article 159 of the Family Code provides
prescription. that the family home shall continue despite the death
of one or both spouses or of the unmarried head of the
QUESTION NO. 123 family for a period of ten years or for as long as there
is a minor beneficiary, and the heirs cannot partition
H and W are husband and wife. Believing that his the same unless the court finds compelling reasons
wife was sterile, H donated to C in 1990 a parcel of therefor. This rule shall apply regardless of whoever
land valued at Php40,000. In 1998, W gave birth to owns the property or who constituted the family home.
a son, B. Assuming that the land is the exclusive
property of H and that the net value of H’s estate
As to the first requisite, the beneficiaries of a family G 12,000 own right
home under Article 154 of the Family Code are: (1)
H 12,000 own right
the husband and wife, or an unmarried person who is
the head of a family; and (2) their parents, ascendants, I 12,000 own right
descendants, brothers and sisters, whether the ________
relationship be legitimate or illegitimate. 120,000
The term “descendants” includes all descendants of QUESTION NO. 127
the person or persons who constituted the family home
without distinction; hence, it must necessarily include Abe and Bea, Filipinos, got married and begot two
the grandchild and great grandchildren of the spouses children. Abe later worked in Rome where he
who constituted a family home. Thus, C, who is the acquired Italian citizenship. He got a divorce from
grandchild of H, satisfies the first requisite. Bea in Rome but, on returning to the Philippines,
he realized his mistake, asked forgiveness of his
As to the second requisite, minor beneficiaries must be wife, and resumed living with her. They had two
actually living in the family home to avail of the more children. What is the status of the four
benefits derived from Article 159 of the Family Code. children?
There is no dispute that C, the son of B, lives in the
family home; hence, he satisfies the second requisite. The first two children who were born before the
divorce are legitimate children, but the last two
However, as to the third requisite, C cannot demand children who were born after the divorce are
support from his paternal grandmother, W, if he has illegitimate children since Abe got the divorce when
parents who are capable of supporting him. The he had ceased to be a Filipino. (Art. 15, Civil Code)
liability for legal support falls primarily on C’s
parents, especially his father, B, who is the head of his QUESTION NO. 128
immediate family. The law first imposes the obligation
of legal support upon the shoulder of parents, Homeowner employed Broker to sell his house.
especially the father, and only in their default is the Broker sold the house to his wife for Php1 million.
obligation imposed on the grandparents. Some months later, Broker sold the house to a third
person for Php2 million. Homeowner sues Broker
C is dependent on legal support not from his for the Php1 million profit. Judgment for whom?
grandmother, W, but from his father, B. Thus, despite
residing in the family home and his being a descendant Judgment for Homeowner. It is a breach of an agent’s
of H, C cannot be considered as beneficiary of the fiduciary duty to retain secretly benefits or profits that,
family home under Article 154 of the Family Code by right, belong to the principal. Under the law, every
because he did not fulfill the third requisite of being agent is bound to render an account of his transactions
dependent on his grandmother for legal support. and to deliver to the principal whatever he may have
(Patricio v. Dario III, G.R. No. 170829, November 20, received by virtue of the agency, even though it may
2006) not be owing to the principal. (par. 1, Art. 1891, Civil
Code)
QUESTION NO. 126 QUESTION NO. 129
X died intestate. He is survived by: (1) A, B, D and
Agnetha wishes to purchase a parcel of land owned
E, his legitimate children; (2) F and G, legitimate
by Tropical Gardens. She learns that Tropical
children of C (predeceased), a legitimate son of X;
Gardens is a partnership owned by Abe, Ben, and
(3) H and I, legitimate children of D; and (4) J and
Chito. She also learns that the partnership needs
K, legitimate children of E. D is incapacitated;
capital and that the need for capital is the major
while E repudiated the inheritance. If the net value
reason the partners are selling their property.
of the estate is P/120,000, how shall the distribution
Because Tropical Gardens is a partnership,
be made?
Agnetha has the following concerns. You are now
There are three vacant shares. The share which C called upon to advise Agnetha of her concerns.
would have inherited if he had not predeceased X. The
a. Can the partnership convey the land in the name
share which D would have inherited if he had the
of the partnership?
capacity to inherit from X. The share which E would
have inherited if he had not repudiated it. Yes, because a partnership has a juridical personality
The share of C in the estate goes to his legitimate separate and distinct from that of each of the partners.
children, F and G, by right of representation. The share This is true even if the formalities under Article 772 of
of D in the estate goes to his legitimate children, H and the Civil Code which requires that the articles of
I, by right of representation. The share of E who partnership which must be in a public instrument is not
repudiated the inheritance goes to his co-heirs, A and recorded in the Office of the Securities and Exchange
B, by accretion. This is so because an heir who Commission. (Art. 1768, Civil Code) Besides, any
repudiates cannot be represented. Therefore, the final immovable property or interest in immovable property
distribution of X’s estate shall be as follows: belonging to the partnership shall be conveyed only in
the partnership name. (Art. 1774, Civil Code)
A 24,000 own right
12,000 accretion b. If there is a breach of contract, against whom
B 24,000 own right may Agnetha file a lawsuit?
12,000 accretion If there is a breach of contract arising from the sale of
F 12,000 own right the property, Agnetha must maintain the lawsuit
against the partnership, not against the individual
partners. This is because a partnership has a juridical dramatically, Abe refuses to go on with his
personality of its own separate and distinct from that promise.
of each of the partners. (Art. 1768, Civil Code)
Specific performance would most likely be proper in
c. If Agnetha obtains judgment against Tropical (c). If the offerer has allowed the offeree a certain
Gardens, against whom can she execute it? period to accept, the offer may be withdrawn at any
time before acceptance by communicating such
Partnership liability is first paid out of partnership
withdrawal, except when the option is founded upon a
assets when a judgment is rendered against the firm
consideration as something paid or promised. (Art.
name. In a general partnership, the personal assets of
1324, Civil Code) In this case, Abe gave Rey Php1,000
the individual members are subject to liability if the
for the option of buying or not the rare coin. Being so,
partnership’s assets are inadequate. Even in limited
the option is valid and cannot be withdrawn by Rey.
partnerships, at least one of the partners – the general
partner – subjects his personal assets to liability for the An action for specific performance in (a) would most
partnership’s obligations. likely be dismissed by the court. This is so because
Abe can withdraw his offer to Rey at any time before
QUESTION NO. 130 Rey’s acceptance; the option given to Rey is not
S contracts to sell his house and lot to B for Php3 founded upon a consideration as something paid or
million. The terms of the contract call for B to pay promised. (Art. 1324, Civil Code)
10 percent of the purchase price as deposit or down
payment. B pays the deposit, but because his Specific performance is improper in (b) which
expected financing of the balance falls through, he involves a personal obligation. To compel Amy to
breaches the contract. Two weeks later S sells the comply with her contractual obligation would amount
house and lot to another buyer for Php3.2 million. to involuntary servitude.
B demands his deposit back, but S refuses, claiming
The obligation in (d) involves the delivery of a generic
that B’s breach entitles him to keep the deposit.
thing. When what is to be delivered is indeterminate
Decide who is correct.
or generic, the creditor may ask that the obligation be
B is correct because the deposit is in the nature of complied with by another person at the expense of the
earnest money. Under Article 1482 of the Civil Code, debtor. (Art. 1165, Civil Code)
whenever earnest money is given in a contract of sale,
it shall be considered as part of the purchase price and QUESTION NO. 132
as proof of the perfection of the contract. By its very Abe, who is eight months short of his eighteenth
nature, an earnest money is an advance payment which birthday, buys a car from Delta Motors. Five
must be deducted from the purchase price. Hence, the months later, Abe drives the car to Delta Motors to
parties could not have intended that the earnest money make the fifth monthly payment and tells Delta
or advance payment would be forfeited when the Motors, “I love this car.” Sixty days and two
buyer should fail to pay the balance of the price, payments later, Abe drives the car to Delta Motors
especially in the absence of a clear and express and says, “I’m tired of this junk. Take it and give
agreement thereon. Moreover, to allow the forfeiture me my money back.” Is Abe too late to get his
of the earnest money or advance payment in favor of money back?
the seller would amount to unjust enrichment of the
seller at the expense of the buyer. (Goldenrod, Inc. v. No. Contracts entered into by a minor are voidable at
CA, 299 SCRA 141 [1998]) the option of that minor, and the minor has four years
from the time the guardianship ceases to annul the
QUESTION NO. 131 contract. (Art. 1391, Civil Code) Abe’s declaration
that he loves the car after five months of the sale does
Under which of the following breach of contract not constitute ratification that would have cured the
situations would specific performance be an defect in the contract. Besides, he was still a minor at
appropriate remedy? the time when he made such declaration.
a. Abe offers to sell his house and lot to Rey. Then,
upon finding another buyer willing to pay a QUESTION NO. 133
higher purchase price, he revokes his offer.. Abe bought a female miniature poodle dog from a
b. Amy contracts to sing in Abe’s bar for one pet shop. Unknown to either party, the dog was
month, beginning May 1. She then refuses to pregnant. When the litter was born, both Abe and
perform. the pet shop claimed ownership. Who is correct?

c. Abe contracts to purchase a rare coin owned by Abe is correct. Under the law, a creditor has a right to
Rey, as Rey is breaking up his coin collection. the fruits of the thing from the time the obligation to
Abe gives Rey Php1,000 for the privilege of deliver it arises. However, he shall acquire no real
deciding whether to buy the rare coin. At the right over it until the same has been delivered to him.
last minute Rey decides to keep his coin (Art. 1164, Civil Code) Here, the litter was born after
collection intact and refuses to deliver the coin the poodle dog was actually delivered to Abe. Upon
to Abe. delivery of the dog, Abe necessarily became its owner
thereby giving him the ownership of the litter by
d. Abe contracts to sell to Rey 100 cavans of accession. (Art. 441, Civil Code)
dinorado rice that Abe intends to harvest from
his farm. Because the price of rice rises
Ben should be considered as the owner even if he did
QUESTION NO. 134 not register the land. This is so because Donald, who
Isabella is the daughter of Carlos, a widower. Over registered the sale, did not buy the land from its
the objections of Carlos, Isabella adopted a 5-year owner, but from a stranger totally unconnected with
old girl named Barbara who grew up into a fine the land. Article 1544 of the Civil Code cannot
woman and trained to be a nurse. When Carlos fell therefore apply, because it cannot be said that the land
ill, he was admitted to the hospital where Barbara had been sold twice by the same person. (Art. 1544,
took care of him. They fell in love and got married. Civil Code)
What is the status of their marriage?
QUESTION NO. 137
Their marriage is valid because Barbara and Carlos are
not related to each other, either by blood or by affinity Seller sells to Buyer a parcel of land under a
or by fiction of law. That Barbara is the adopted child notarized deed of sale. On the same day and along
of Isabella does not make Barbara a direct descendant with the execution of the deed of sale, the parties
of Carlos, adoption being personal between Isabella, execute a separate instrument, denominated as
the adopting parent, and Barbara, the adopted child. “Right of Repurchase” granting Seller the right to
repurchase the lot within four years. Within four
QUESTION NO. 135 years, Seller offers to redeem but Buyer refuses.
Who is correct?
Which of the following contract situations need not
comply with the Statute of Frauds? Buyer is correct. The right of repurchase is not a right
granted the vendor by the vendee in a subsequent
a. Debtor is indebted to Creditor. Friend orally instrument, but a right reserved by the vendor in the
agrees to pay Creditor if Debtor defaults in his same instrument of sale as one of the stipulations of
loan obligation. the contract. Once the instrument of absolute sale is
b. Grandfather orally promises to give Grandson, executed, the vendor can no longer reserve the right to
a first year law student, a particular car upon repurchase, but some other right like an option to buy.
Grandson’s graduation from law school. (Vasquez v. Court of Appeals, 198 SCRA 102 [1991])

c. Lessee orally assigns his leasehold rights to QUESTION NO. 138


Assignee for the remaining six years of a 10-year
lease term. Abe and Ben are childhood friends. Because of
their friendship, Abe gave to Ben in usufruct a
d. An oral sale of a car whereby Buyer takes parcel of land to last up to the time their high school
delivery of the car with a promise to pay the car teacher, Mrs. Aguada, reaches the age of 70. Mrs.
after 15 months from delivery. Aguada died at the age of 65. Is the usufruct
extinguished?
The contract situation in (d) need not comply with the
Statute of Frauds because the statute applies only to No. Under Article 606 of the Civil Code, a usufruct
executory contracts, not to partially executed granted for a time that may elapse before a third person
contracts. The delivery of the car to the buyer takes the attains a certain age shall subsist for the number of
contract out of the ambit of the Statute of Frauds. years specified even if the third person should die
before the period expires, unless such usufruct has
The Statute of Frauds governs the contract situation in been granted only in consideration of the existence of
(a) because the promise of Friend to pay “if Debtor such person. If the document constituting Bernard as a
defaults in his loan obligation” constitutes a special usufructuary does not state that it will end the moment
promise to pay Debtor’s loan, a promise which is Mrs. Aguada is dead, then it will continue.
subsidiary or collateral, like guaranty.
QUESTION NO. 139
Grandfather’s promise to Grandson, as in the contract
situation in (b), is a promise that by its terms is not to Buyer buys on instalment a residential subdivision
be performed within a year from the making thereof. lot. After the 5th year, he is unable to make further
In other words, Grandfather’s performance (giving of payments. Can Developer unilaterally cancel the
car) is to be made after one year from the making of sale? Is Buyer entitled to any refund?
the contract. This is so because Grandfather’s promise Yes. The Developer need not even go to court to obtain
was made when Grandson was still a first year law cancellation of the sale, provided that the actual
student who is expected to graduate from law school cancellation takes place after 30 days from receipt by
after more than one year. Buyer of the notice of cancellation or demand for
rescission of the sale by a notarial act and upon full
The Statute of Frauds requires that lease of real
payment of the cash surrender value to Buyer. (Sec. 3,
property for a period longer than one year be in writing
R.A. No 6552) Buyer is entitled to a cash surrender
to be enforceable. Therefore, the contract situation in
value which is 50% of the total payments made by
(c) is governed by the Statute of Frauds.
him.
QUESTION NO. 136 QUESTION NO. 140
Abe sold his land to Ben who began to possess it.
Carl, a stranger, sold the same land, unauthorized Seller contracts to sell to Buyer a parcel of land.
by anyone, and in his own name, to Donald, who They agree that Buyer shall pay the purchase price
registered the sale in good faith. Who owns the on October 25, and that in case of Buyer’s failure
land, Ben or Donald? to pay, the contract shall be automatically
rescinded. If Buyer does not pay on October 25, can Yes. Although Abe acted in his own name, still the sale
he still pay on October 29? involved a car belonging to Pedro, the principal. Here,
we apply the exception stated in the second paragraph
Yes, if no judicial or notarial demand for rescission of
of Article 1883 of the Civil Code which provides, “In
the contract as of October 29 has been made by Seller
such case the agent is the one directly bound in favor
to Buyer. Under Article 1592 of the Civil Code, in the
of the person with whom he has contracted, as if the
sale of an immovable property, even though it may
transaction were his own, except when the contract
have been stipulated that upon failure to pay the price
involves things belonging to the principal.” As a
at the time agreed upon the rescission of the contract
matter of fact, the sale is completely valid.
shall of right take place, the vendee may still pay even
after expiration of the period, as long as no demand for
rescission of the contract has been made upon him
QUESTION NO. 144
either judicially or by a notarial act. Principal appoints Agent, a minor, to sell a
particular car. Agent sells the car to Buyer.
QUESTION NO. 141 Principal afterwards seeks to annul the sale, and
brings an action to recover the car on the ground
In a letter, Seller offers to Buyer the sale of a parcel that Agent’s act was voidable, as a minor cannot be
of land. Buyer sends a reply. Which of the following an agent. Judgment for whom?
statements in Buyer’s reply will NOT result in a
contract? Judgment for Buyer. Agent is deemed to be an
extension of the personality of Principal who is
a. “I accept your offer to sell the land. I wish I himself capacitated. Hence, Principal cannot annul the
could have gotten a better price.” contract on the ground of Agent’s incapacity.
b. “I accept your offer to sell the land, but can you
shave the price?” QUESTION NO. 145
c. “I accept your offer to sell the land, but only if I Martha died, leaving her son (Sam) as sole heir.
can pay on 90 days credit.” Among the items inherited by Sam were some old
oil paintings that had been stored in Martha’s attic
d. “I accept your offer to sell the land, provided for several years. Sam knew nothing about art and
that you are the owner.” had no place to put them in his house. He placed an
The reply in (c) will not result in a contract. ad in the paper offering to sell the paintings “at a
Acceptance is a voluntary act by the offeree that shows price to be mutually agreed upon.” Riza, a buyer
agreement to the offer. The acceptance must be for an art gallery, responded to the ad and
unequivocal and communicated to the offeror. The examined the paintings. From the signature and
acceptance in (c) is not an unequivocal acceptance the style, Riza recognized that the artist was Ben
because of the condition to pay on credit which Cab, a renowned Filipino portrait artist. Sam and
operates as a counter-offer. Riza agreed upon a price and executed a contract.
Which of the following facts, if true, would give
An acceptance may be unequivocal even though the
Sam the best basis for annulling the contract with
offeree expresses dissatisfaction with the offer, as in
Riza?
the case of the replies in (a) and (b).
a. Sam told Riza that his mother, Martha, had
The condition imposed by Buyer in his reply in (d) that dabbled in painting when she was younger and
the offeror owns the property is implied in every sale had undoubtedly painted them herself.
of land, so the condition does not add any new or
different terms to the offer. b. Sam did not know that Riza was a buyer for an
art gallery and was very familiar with the works
QUESTION NO. 142 of renowned artists.
Batman, Superman and Iron Man are co-owners of c. Sam told Riza that he wanted to get rid of the
a parcel of land. They later sold the land to Flash paintings as soon as possible because he was
Gordon with a right to repurchase. Only Batman angry at his mother for giving away most of her
exercised the right of repurchase for which he possessions to her friend just before she died.
obtained a title to the property. Is the co-ownership d. Riza falsely told Sam that the paintings were to
terminated by Batman’s repurchase of the be used to furnish Riza’s newly-constructed
property? vacation house in Baguio.
No. The repurchase of the land by Batman did not The statement in (a) would enable Sam to annul the
terminate the co-ownership nor did it give him the title contract on the ground of mistake if Riza was aware
to the entire land. Superman and Iron Man remain as that Sam was mistaken about the identity of the artist.
co-owners with obligation to reimburse Batman their Under the facts in this choice, Riza knows that Sam is
respective shares in the repurchase price of the land. mistaken about the identity of the artist, which mistake
refers to the substance of the thing which is the object
QUESTION NO. 143 of the contract. (Art. 1311, Civil Code)
Pedro owns a car. To raise money for his business The statement in (b) is wrong because the fact that one
venture, he instructs Abe to sell the car. In his own of the parties to the contract has superior knowledge
name, Abe sells the car to Menardo. Can Menardo about the subject matter of the contract does not by
sue Pedro in case the car has hidden defects? itself justify annulment, even if the other party is
unaware of that fact. Riza’s knowledge or lack of it
was not the principal cause on which the contract was access between the spouses during the first 120 days
made and was not relied on by Sam in making the sale. of the 300 days which immediately preceded the birth
of the child due to: a) the physical incapacity of the
The statement in (c) is wrong because the fact that Sam
husband to have sexual intercourse with his wife; b)
was angry when he agreed to the contract is not a
the fact that the husband and wife are living separately
ground for annulment of a contract under the law.
in such a way that sexual intercourse is not possible;
Regardless of Sam’s state of mind, there was a meeting
or c) serious illness of the husband which absolutely
of the minds between the parties.
prevents sexual intercourse. (Art. 166, Family Code)
The statement in (d) is incorrect because Riza’s Considering that Abe and Ben were born during the
misrepresentations to Sam as to how she will use the marriage of their parents, they are therefore considered
paintings does not appear to go to the substance of the the legitimate children of Husband and Wife.
thing which is the subject matter of the contract or to
have been relied on by Sam. Hence, the QUESTION NO. 148
misrepresentation is not significant enough to serve as Ann is a working student at a local university. In
a ground for annulling the contract. need of funds to pay for tuition and books, she
QUESTION NO. 146 attempts to secure a short-term loan from East
Bank. The bank agrees to make a loan if Ann will
Is the sudden emergency rule an absolutory cause in have someone financially responsible guarantee the
negligence cases? loan payments. Betty, a businesswoman and a
friend of Ann’s family, agrees in writing to pay the
Yes. A person who is confronted with a sudden and
loan if Ann cannot. Because of Betty’s reputation,
unforeseeable occurrence, because of the shortness of
the loan is made. Ann is making the payments, but
time in which to react, should not be held to the same
because of illness she is not able to work for one
standard of care as someone confronted with a
month. She requests that East Bank extend the loan
foreseeable occurrence.
for three months. East Bank agrees, raising the
One who suddenly finds himself in a place danger, and interest rate for the extended period. Betty is not
is required to act without time to consider the best notified of the extension. One month later Ann
means that may be adopted to avoid the impending drops out of school. All attempts to collect from
danger, is not guilty of negligence, if he fails not to Ann fail. Can East Bank collect from Betty?
adopt what subsequently and upon reflection may
No. Unlike a surety who is primarily liable, a
appear to be the better method, unless the emergency
guarantor is merely subsidiarily liable. The guarantor
in which he finds himself is brought about by his own
can be required to answer for the obligation only after
negligence. (Gan vs CA, 165 SCRA 378) The rule
the principal has defaulted. (Art. 2047, Civil Code)
applies, for instance, in the following cases: 1) a child
The creditor must also have attempted to collect from
suddenly darts into the road between parked cars; 2) a
the principal, and the latter still has not paid. (Art.
load from a truck suddenly bounces across the
2058, Civil Code) Under Article 2079 of the Civil
highway; or 3) a driver of a car is suddenly stricken by
Code, an extension granted to the debtor by the
a period of unconsciousness which he has no reason to
creditor without the consent of the guarantor, as in this
anticipate and which renders it impossible for him to
case, extinguishes the guaranty.
control the car he is driving.

QUESTION NO. 147 QUESTION NO. 149


Ben, Calvin, and Don form a limited partnership.
Husband and Wife were married in 1974. Their
Ben is a general partner, and Calvin and Don are
marital union bore two children (Abe and Ben).
limited partners. Consider each of the separate
The birth certificates of the children identified
events below, and discuss fully which will constitute
Husband as their father and their status as
a dissolution of the partnership.
legitimate. Husband died in 1990.
A. Calvin assigns his partnership interest to Don.
In a notarized document in 1991, Gigolo admitted
his illicit relations with Wife and acknowledged B. Don goes into bankruptcy.
Abe and Ben as his illegitimate children. After
C. Ben dies.
Gigolo’s death in 1993 and on the strength of
Gigolo’s notarized acknowledgment, Abe and Ben The event in (C) dissolves the limited partnership of
brought an action for the partition of Gigolo’s Ben, Calvin, and Don. This is by express provision of
substantial estate. Will the action prosper? Article 1860 of the Civil Code which provides that the
death, insolvency, insanity or civil interdiction of a
No. The attempt to establish the status of Abe and
general partner dissolves the limited partnership,
Ben, as the illegitimate children of Gigolo would in
unless the business is continued by the remaining
effect impugn their legitimate status as children of
general partners. The partnership here consists of only
Husband and Wife. This cannot be done because the
one general partner (Ben), and there being no other
law itself establishes the legitimacy of children
remaining general partner to continue the business, the
conceived or born during the marriage of the parents.
partnership is dissolved.
There is perhaps no presumption of law more firmly
established and founded on sounder morality than The event in (A) does not dissolve a partnership
children born in wedlock are legitimate. (Tison v. because a limited partner’s interest is assignable (Art.
Court of Appeals, 276 SCRA 582 [1997]) 1859, Civil Code)
The presumption indeed becomes conclusive in the The insolvency of the other limited partner, an event
absence of proof that there is physical impossibility of stated in (B,) does not likewise dissolve the limited
partnership because the partnership business can still marriage is to be annulled on that ground. He cannot
continue despite such insolvency. therefore be guilty of bigamy.

QUESTION NO. 150 QUESTION NO. 154


Abe took his car to a carwash station and asked to If a marriage is dissolved because of the death of
have it washed. While it is being washed, Abe went the husband, what surname may the widow use?
to a nearby mall for two hours. In the meantime,
Although the death of the husband dissolves the
one of the workers at the car wash had mistakenly
marriage ties, still the widow may desire to cherish her
hand-waxed the car. When Abe came back, he was
deceased husband’s memory by the continued use of
presented with a bill for a wash job and a hand wax.
his surname. However, if she does not want to, she is
Is Abe liable to pay for the hand wax job?
allowed to use her maiden surname again. Notice the
No. The doctrine of quasi-contract does not apply use of the word “may” in Article 373 of the Civil
when there is a contract between the parties. Although Code.
there was a benefit bestowed to Abe, Abe did not
receive an unjust benefit because the hand wax job was QUESTION NO. 155
not contemplated by his agreement with the owner of If a marriage is annulled, is the wife required to
the car wash station. resume her maiden name and surname?
QUESTION NO. 151 It depends. If the wife is the guilty spouse, she must
resume her maiden name and surname. But if the wife
Mr. Go, a Chinese national donated in Germany in
is the innocent spouse, she may resume her maiden
favor of Pedro, a Filipino, a parcel of land in the
name and surname, but she may choose to continue
Philippines.
employing her former husband’s surname, unless (1)
a. The law of which country governs the formalities the court decrees otherwise; or (2) she or the former
of the donation? husband is married again to another person. (Art. 371,
Civil Code)
Philippine law governs the formalities of the donation.
The lex loci celebrationis does not apply because the
transaction relates to land and must therefore be QUESTION NO. 156
governed by the law of the place where the land is What if legal separation occurs, is the wife entitled
situated. to continue using the husband’s surname even if
b. The law of which country governs the capacity she is the guilty spouse?
of Mr. Go to make the donation? Article 372 of the Civil Code does not distinguish
Philippine law, the situs of the property, governs the whether the wife is the guilty spouse or not, unlike in
capacity of Mr. Go, a Chinese national, to alienate. the case of annulment of marriage under Article 371,
Here, the doctrine of national law under Article 15 of because in legal separation the marriage ties still
the Civil Code yields because the subject matter is subsist.
land.
QUESTION NO. 157
QUESTION NO. 152 Abe, an American, and Bea, a Filipina, cohabited as
Abe was coerced into marrying Bea. Abe sued for husband and wife ten years ago without marriage.
annulment. During the pendency of the case, Abe While living together, the couple bought a property
married Amy. When she learned of the first in Baguio. Although the deed of sale was placed in
marriage, Amy sued Abe for bigamy. Abe now the names of the couple as buyers, the sale was
alleges that the pendency of the annulment case is registered in the name of Bea alone because of
a prejudicial question. Is Abe correct? Abe’s American citizenship. It is sufficiently
established, however, that the funds used to buy the
Abe is wrong because the decision in the annulment property came solely from Abe, as Bea has no
case is not important. The first marriage will either be sufficient source of income.
annulled or not. If not annulled, bigamy can prosper.
And if annulled, still bigamy can prosper, for when After their relationship turned sour and they went
Abe married the second time, he was still married to separate ways, Abe sold all his rights in the
Bea, a voidable marriage being valid until annulled. property to Rey, a Filipino. When Rey tried to
register the property in his name, he discovered
QUESTION NO. 153 that the title of the property is registered in the
name of Bea, and that it had already been
Bea forced Abe, a married man, to marry her. Abe mortgaged.
then sued for annulment of the second marriage.
Bea retaliated with a charge of bigamy. In the a. If Abe is the true buyer of the property, what is
bigamy case, Abe moved to suspend the criminal the effect of the registration of the property in the
proceedings until after the termination of the name of Bea?
annulment case on the ground that the annulment The registration of the property in the name of Bea
case is a prejudicial question. Should the motion be does not make her the owner of the property in
granted? question. It is settled that registration is not a mode of
Yes, because the annulment case poses a prejudicial acquiring ownership. Certificates of title are not a
question. If Abe was really forced into marrying Bea, source of right. The mere possession of a certificate of
then his consent was defective; hence, the second title does not make the holder the true owner of the
property. The mere fact that Bea has the title of the Decision for Pedro. Pedro’s commitment to pay Abe
disputed property in her name does not necessarily, Php1 million for Abe to influence the postponement of
conclusively, and absolutely make her the owner. the scheduled bidding of a government agency to
execute a public works project is against public
b. Given that Abe is disqualified to own real
interest. The agreement is unquestionably void and
properties in the Philippines, what is the legal
cannot be enforced, especially so because both parties
status of the sale of the property by Abe to Rey?
are in pari delicto.
Because aliens are disqualified to own real properties
in the Philippines, the sale of the property to Abe, who QUESTION NO. 161
is an American, would have been declared invalid if Papa and Mama are the parents of Son. Upon the
challenged, had not Abe conveyed the property to Rey death of Mama, Son immediately brings an action
who is a Filipino. According to jurisprudence, if the against Papa for the partition of Mama’s estate.
land is invalidly transferred to an alien who Papa counterclaims for reconveyance of a property
subsequently becomes a Filipino citizen (or transfers which is registered in the name of Son. Papa claims
it to a Filipino), the flaw in the original transaction is that the lot is owned by the conjugal regime but was
considered cured and the title of the transferee is registered in the name of Son as a trustee because
rendered valid. (Borromeo v. Descallar, G.R. No. at that time, Son was the only Filipino in the family.
159310, February 24, 2009) Papa caused the annotation of a notice lis pendens
QUESTION NO. 158 on Son’s certificate of title. Son objects on the
ground that the notice lis pendens amounts to a
Ben, a minor, purchased a used car for Php250,000 collateral attack on his title obtained more than 20
from a used car dealer. Ben used the car for three years ago. He argues that his sole ownership of the
months and then damaged it in an accident. The property would be improperly assailed in the
car is now worth Php100,000. Ben takes the car partition case and that it should be done through a
back to the dealer and demands the return of the separate action. Should the notice lis pendens be
purchase price. Dealer refused. Judgment for cancelled?
whom?
No. The annotation of a notice lis pendens does not in
Judgment for Ben. A contract may be invalidated any way amount to a collateral attack on the certificate
when one of the parties to the contract does not have of title of a parcel of land. What cannot be collaterally
the legal capacity to give consent to the contract. A attacked is the certificate of title and not the title. The
minor is certainly one who lacks legal capacity. (Art. certificate referred to is that document issued by the
1390, Civil Code) Register of Deeds known as the Transfer Certificate of
Title. By title, the law refers to ownership which is
QUESTION NO. 159 represented by the document.
Club John Hay advertised an offer to pay Son apparently confuses certificate of title with title.
Php500,000 to any person who, having paid Placing a parcel of land under the mantle of the
Php2,000 for the opportunity of attempting to do Torrens system does not mean that ownership thereof
so, shoots a hole in one on its golf course under can no longer be disputed. Ownership is one thing,
certain conditions. Abe, an avid golfer, complied registration is another. (Lee Tek Sheng v. CA, 292,
with the conditions, including the payment of the SCRA 554 [1998])
money, and shot a hole in one. Club John Hay
refuses to pay contending that the contract was a QUESTION NO. 162
wagering contract. Abe claims the shooting of the
Manuel (judicially) adopts Minerva in Baguio.
hole in one was a feat of skill and not a feat of
They go to Paris and there get married. Assuming
chance. Who prevails?
the marriage to be valid under French law, is it also
Abe prevails. Gambling is essentially a “chance for a valid here?
prize for a price.” Gambling is illegal regardless of the
No. Even if the marriage is valid in Paris, where it is
name attached to it. But if the result of a game does not
celebrated, it is void here because it is “void from the
depend entirely on chance and may also depend upon
beginning for reasons of public policy” it being a
the skill of a person, such game is not a game of chance
marriage between the adopting parent and the adopted
as to make it a gambling game.
child. (Art. 35 (4), Family Code)
QUESTION NO. 160 QUESTION NO. 163
Pedro wished to delay action by a government Bids
Abe is engaged to be married after he completes his
and Awards Committee for the execution of a
college education. Abe’s parents do not approve of
public works project in which he was interested. He
the marriage and offer him a half interest in the
agreed with Abe to pay the latter Php1 million if
family business if he would give up his plans for
Abe could get the members of the bid committee to
marriage. Abe agrees, but after he finished college
postpone the committee’s scheduled bidding.
his parents refused to give him the share of the
Abe gave a majority of the committee members and business that they had promised. May Abe enforce
their wives a round trip ticket to Hongkong. Abe the promise made by his parents?
also gave each of the wives shopping money and
No. Promises not to marry in return for some benefit
convinced them to talk to their husbands regarding
is void because it is contrary to public policy. The law
a postponement of the bidding which the committee
has always regarded marriage as a sacred institution
did. Pedro now refuses to pay Abe. Decision?
(Art. 1, Family Code) and a right and privilege of all
persons, not to be denied by private contract with other broker to sell the house, agreeing on specific details
persons. of price and commission. Because they were friends
of long standing, the two men did not discuss the
QUESTION NO. 164 necessity of a written agreement and sealed their
agreement with a handshake.
After searching for months, a young married
couple found a house which fitted their needs If the broker finds a buyer, is Abe obliged to sell
perfectly. The location, size, price, sale terms, the house and pay the broker his commission?
proximity to church, school, and shopping malls
were all they had been looking for. After discussion No. An agency may be oral, unless the law requires a
with the owner, they agreed to buy the house and specific form. However, when a piece of land or any
sealed their agreement with the owner with a interest therein is through an agent, the authority of the
handshake. Is there a contract? latter shall be in writing. (Art. 1874, Civil Code) Here,
any attempt of the broker to hold Abe to his agreement
Yes. All the essential elements of a contract of sale are will not succeed since the broker’s authority was not
present; namely, consent of the parties, a determinate in writing and therefore void.
object, and a price certain in money or its equivalent.
But if the owner later refuses to perform, the sale could QUESTION NO. 168
not be enforced by court action because it was made
orally. This is because of the statutory requirement that In each of the following cases, name the party on
all contracts for the transfer of any interest in real whom the loss due to damage to, or destruction of,
property must be in writing to be enforceable. (Art. the goods falls, and give the reasons for your
1403, par. 2(e), Civil Code) answer.
a. Abe purchased a used car. The seller was to put
QUESTION NO. 165 a mechanic on it and make several mechanical
adjustments. After the adjustments had been
A land registration applicant failed to mark in
made, and while the seller was testing the car
evidence the original tracing cloth plan of the land
before delivery, the car was badly damaged in a
applied for. Instead, he presented a blue print copy
collision.
of the plan as evidence. Is this sufficient?
The seller bears the loss of the car pursuant to the res
Yes. It is true that the best evidence to identify a parcel
perit domino rule -- the thing perishes with the owner.
of land for registration is the original cloth plan, yet
Under the law, the goods remain at the seller’s risk
the blue print copy of the plan suffices for the purpose
until the ownership therein is transferred to the buyer
where the original tracing cloth plan was attached to
(Art. 1504, Civil Code), either by actual or
the application for registration. (Republic v. IAC, 144
constructive delivery thereof. (Art. 1477, Civil Code)
SCRA 705) Moreover, even the true certified copy of
the white paper plan would suffice if it bears the The extinguishment of the obligation to deliver affects
approval of the Land Registration Authority and both vendor and vendee since their obligations are
verified by the Bureau of Lands. The fact therefore that reciprocal. If the obligation of the vendor to deliver is
the original survey plan was recorded on white paper extinguished, the correlative obligation of the vendee
instead of a tracing cloth plan should not detract from to pay, which depends upon it, is also extinguished.
the probative value thereof. (Dir. of Lands v. CA, 158 Besides, a contract of sale is onerous in character; the
SCRA 586 [1988]) cause, as far as the vendee is concerned, is the
acquisition of the thing which is the object thereof.
QUESTION NO. 166
b. Abe bought a very expensive laptop, with the
A fire broke out on the fifth floor of a Baguio hotel. understanding that he might return it within thirty
Although the fire was confined to that floor, several days if he found it to be unsatisfactory for his needs.
guests on the other floors reported losing their Abe found that the laptop did not suit his needs and
property due to the fire and water. The hotel was was preparing to return it within the stipulated
able to prove that the fire had started from a period when it was stolen.
cigarette dropped on a bed by one of the guests. The
careless smoking violated a Baguio City ordinance Abe bears the loss of the laptop. When goods are sold
and a rule of the hotel. Is the hotel liable? with right of return, the buyer becomes the owner upon
delivery, but he may revest the ownership of the thing
No. The loss of property because of accidental fire, in in the seller by returning it within the time fixed in the
which no negligence may be attributed to the hotel is contract, or if no time is fixed, within a reasonable
an exception to the hotelkeeper’s liability as a time. (par. 1, Art. 1502, Civil Code) Buyer may return
depositary of valuables of hotel guests. This is in the thing sold to the seller event if he finds nothing
keeping with the rule that no person may be held liable wrong with the quality of the thing. Until he returns
for those events which could not be foreseen, or, even the thing, buyer owns the thing. And if it is lost,
though foreseen, were inevitable. (Art. 1174, Civil regardless of the cause, buyer bears such loss.
Code) Here, the hotel would not be responsible for the
losses caused by the fire because it has not breached c. Abe purchased a treadmill on ten days’ approval.
its duty of care. Before expiration of the ten-day period, the
treadmill was destroyed by fire of accidental origin.
QUESTION NO. 167 Seller bears the risk of loss of the treadmill. When
Abe was eager to sell his house in Rainbow Hills goods are sold on approval, they remain the property
Subdivision. He made a lunch appointment with a of the seller until the buyer has expressed his approval
real estate broker and at that time requested the or does any other act adopting the transaction. (par. 2,
Art. 1502, Civil Code) The sale thus becomes absolute property was issued solely in Ann’s name as owner.
if the buyer does not signify his approval or acceptance When the couple parted ways, Ann immediately
to the seller, but retains the goods. sold the house to Ben without her husband’s
consent.
d. Abe purchased at Php5.00 per kilo all the
potatoes that farmer Rey had piled in a storage bin a. If Donald maintains an action to annul the sale,
on his vegetable farm. Rey was able to put the what would be his strongest cause?
potatoes in sacks to determine the price. Lighting
Donald has no other recourse but to anchor his suit on
struck the bin, and the resulting heat and fire
the argument that the sale is void because it was made
ruined the potatoes.
without his consent; that in bringing the action, he is
Seller bears the loss of the potatoes. Article 1504 of merely exercising the prerogative of a husband in
the Civil Code is explicit: goods remain at the seller’s respect to absolute community property.
risk until the ownership therein is transferred to the
b. If the case goes to trial, what would be the most
buyer (Art. 1504, Civil Code), either by actual or
likely result?
constructive delivery thereof. (Art. 1477, Civil Code).
Parenthetically, the seller’s obligation to deliver to Being an alien, Donald is prohibited from acquiring
Abe the same quantity of potatoes stored at his storage private and public lands in the Philippines. Because
bin is not extinguished by the loss of the potatoes Ann appeared to be the designated vendee of the
presently piled at his storage bin. Genus nunquam property, she acquired sole ownership thereto. This is
peruit. true even if Donald’s claim that he provided the funds
for such acquisition is to be sustained. By entering into
QUESTION NO. 169 such contract knowing that it was illegal, no implied
trust was created in Donald’s favor; no reimbursement
Rey, a mechanic, performed Php5,000 worth of for his expenses can be allowed; and no declaration
repair work on Abe’s car, on a thirty-day credit can be made that the subject property was part of the
terms. Abe failed to pay the bill at the expiration of conjugal or community property.
the credit period, but returned the car to Rey two
months later for Php1,000 worth of additional In any event, Donald had, and has, no personality to
repairs. When the repairs were made, Rey refused question the sale of the property by his wife on the
to deliver the car to Abe until Php6,000, the bill for ground that in so doing, he was merely exercising the
the full amount due him, was paid. Does Rey have prerogative of a husband in respect to conjugal
the right to retain possession of the car until the full property. To sustain the argument would countenance
amount of the bill is paid? indirect violation of the constitutional prohibition. If
the property were to be declared conjugal, this would
Abe may demand delivery of his car upon payment of accord the alien husband a substantial interest and
the charges for the current repairs only. Rey’s right over the land, as he would then have a decisive
obligation to return the car arises from a contract of vote as to its transfer or disposition. This is a right that
deposit (Art. 1968, Civil Code) under which Rey as the Constitution does not permit him to have.
depositary may retain the car in pledge until the full (Matthews v. Taylor, June 22, 2009)
payment of what may be due him by reason of the
deposit. (Art. 1994, Civil Code) Until Rey is QUESTION NO. 172
reimbursed of his expenses by reason of the deposit,
he may retain the car in pledge. Accordingly, Rey’s Abe intends to buy a new battery for his car. At an
lien does not extend to amounts owed for previous auto parts supply store, a salesman tells Abe: “This
service. is the finest battery you can buy and we guarantee
that you will find it superior to any you have
QUESTION NO. 170 owned. This battery will no doubt outlast the life of
the car itself.” Is the store liable for breach of
Abe spent a night at a hotel, taking with him an express warranty if the battery does not meet the
overnight bag. Because no rack was provided in the salesman’s statements?
room for a guest’s luggage, Abe placed his bag on
the floor. Later that night, when he came into the No express warranty is created simply by the seller
room he tripped over the bag and injured himself. expressing his personal opinion to the buyer, nor do
Both Abe and the hotel are shown to have been his statements to the buyer constitute a warranty if he
negligent in the creation of the situation that led to is just “talking up” the merchandise (called “puffing”),
Abe’s injuries. Is the hotel liable to Abe? even though the buyer may rely on such statements.
Even the use of the word “guarantee” adds little,
Abe’s contributory negligence relieves the hotel of any considering how it was used. A statement of fact must
liability to compensate Abe for Abe’s injury. The be of the essence of the subject matter.
hotelkeeper is not liable for compensation if the loss is
due to the acts of the guest himself, as in the case of QUESTION NO. 173
Abe in the problem. (Art. 2002, Civil Code)
An airline pilot bought a watch from a reputable
QUESTION NO. 171 watch dealer. He stressed the importance of great
accuracy in any watch bought by him, and the
Donald, a Californian, and Ann, a poor girl from seller said, “In my opinion you will find this watch
La Union, are married. Two years into their the most accurate of any watch sold today. You will
marriage, the couple purchased from Juan a house be able to keep exact schedules by it.” Suppose the
in Baguio City. Although the sale was solely watch does not meet such specifications, does the
financed by Donald, the sale document was issued pilot have a cause of action?
in Ann’s name as vendee. As a result, title to the
Yes. Expressions of opinion by professionals or owners, is an action for partition under Rule 69 of the
experts may be accepted by others as statements of fact Rules of court. (Heirs of Go v. Go, G.R. No. 157537,
under certain conditions. This is especially true when Sept. 7, 2011)
the purchaser has no knowledge of the product that he
is buying. Although the seller prefaced his remarks QUESTION NO. 176
with the word “opinion,” under the circumstances, his Ana, a Filipina nurse, married Brent, an American
words would represent statements of fact because of engineer, in Baguio City. A few days after the
his position. wedding, they immediately left for California to
QUESTION NO. 174 reside there permanently. Anna then became a
naturalized American citizen. Five years later, Ana
Explain the requirement under Section 23 of PD and Brent came to the Philippines for a short visit.
1529 that publication of the notice of initial hearing When the couple visited Ana’s hometown, they
in the Official Gazette “shall be sufficient to confer decided to adopt Ana’s younger brother to give him
jurisdiction upon the court.” a better future. Are Ana and Brent qualified to
adopt Ana’s younger brother?
As explained by the Supreme Court in Republic v.
Marasigan, 198 SCRA 219, the provision under No. Under the Domestic Adoption Act, an alien is
Section 23 of PD 1529 was never meant to dispense qualified to adopt a Filipino child only if a) he is a
with the requirement of notice by mailing and posting. former Filipino citizen who seeks to adopt a relative
What it simply means is that insofar as publication is within the fourth civil degree of consanguinity; b) he
concerned, there is sufficient compliance if the notice seeks to adopt the legitimate or illegitimate child of his
is published in the Official Gazette. Although the law Filipino spouse; and c) he is married to a Filipino
mandates that it be published once in the Official citizen and seeks to adopt jointly with his spouse a
Gazette and once in a newspaper of general circulation relative within the fourth civil degree of consanguinity
in the Philippines, publication in the latter alone would or affinity of the Filipino spouse.
not suffice. This is to accord primacy to the official
publication in the Official Gazette. According to the Here, Ana and Brent are aliens seeking to adopt a
Supreme Court, such provision was never meant to Filipino child. Being a former Filipino citizen, Ana is
dispense with the other modes of giving notice, which qualified to adopt because the child to be adopted is
remains mandatory and jurisdictional. her relative within the fourth degree of consanguinity.
While Ana is qualified, Brent is not because he does
If the intention of the law were otherwise, Section 23 not fall under one of the exceptions. First, he is not a
would not have stressed in detail the requirements of former Filipino citizen who seeks to adopt a relative
mailing of notice to all persons named in the petition within the fourth civil degree of consanguinity.
who per Section 15 of the Decree, include owners of second, he is not seeking to adopt the legitimate or
adjoining properties and occupants of the land. illegitimate child of Ana; and third, he is not married
(NOTE: In Director of Lands v. Court of Appeals, 276 to a Filipino citizen who seeks to adopt jointly with his
SCRA 276 [1997], the Supreme Court categorically spouse a relative of the latter within the fourth civil
declared that publication of the notice of initial hearing degree of consanguinity or affinity.
in a newspaper of general circulation is mandatory and
imperative. Without publication, the land registration And even if Ana is qualified to adopt her brother, she
court cannot validly confirm the title of the applicant cannot file the petition for adoption by herself. The
for registration.) Domestic Adoption Act specifically provides that the
husband and wife shall jointly adopt, except if one
QUESTION NO. 175 spouse seeks to adopt the legitimate child of the other;
or if one spouse seeks to adopt his or her own
Henry and Wilma are the conjugal owners of a ten- illegitimate child; or if the spouses are legally
hectare farm. Upon the death of Henry, Wilma separated from each other.
immediately sold to Ben a 2,000-square meter
portion of the farm. The children of Henry and Here, Ana cannot file the petition for adoption by
Wilma later brought an action to annul the sale on herself because the child to be adopted is not the
the ground that it was made without prior legitimate child of Brent, nor is the child the
liquidation of the conjugal partnership of their illegitimate child of Ana. Moreover, Ana and Brent are
parents. Will the action prosper? not legally separated.

No. Article 130 of the Family Code expressly provides QUESTION NO. 177
that if no liquidation of the conjugal partnership is
made within six months from the death of a spouse, Abe is a sales representative of a drug company
any disposition or encumbrance involving conjugal who looks exactly like Vic Sotto. In one of his
partnership property of the terminated marriage shall provincial sorties, he met Tessie, a winsome lass
be void. This provision must be read with Article 493 from an affluent family. To win Tessie’s affection,
of the Civil Code which allows a co-owner to alienate, Abe acted and pretended to be Vic Sotto. After a
assign, or mortgage his undivided share in the co- brief courtship, Tessie fell in love with Abe. In less
owned property. However, the effect of such than a year, Tessie realized her mistake when she
alienation or mortgage is limited only to the portion discovered that Abe is not Vic Sotto. Does Tessie
which may be allotted to the co-owner upon the have a remedy?
termination of the co-ownership. The recourse of co- Tessie does not have any remedy. She cannot seek to
owners in cases where their consent were not secured declare the marriage void on the ground of mistaken
in a sale of the entire property, as well as in the sale identity of the other party, Here, she married Abe who
merely of the undivided shares of some of the co-
was the very person she fell in love with. Neither can Christian, doted on him and treated him as their
she sue for annulment of marriage on the ground of own son. When Christian went to Manila to study,
fraud. To annul a marriage, only the circumstances Abe and Bea became so lonely that they adopted
enumerated under Article 46 of the Family Code Digna, a 10-year old orphan.
constitute fraud. No other misrepresentation or deceit
After several years, Christian and Digna fell in love
as to character, rank, fortune or chastity shall
and, when both were over 25, they got married
constitute such fraud as will give grounds for the
without informing Abe and Bea. Believing that it
annulment of marriage.
was unfair not to have legally adopted Christian,
QUESTION NO. 178 Abe and Bea decided to adopt him. The court
granted the adoption.
Determine which of the following statements is
correct. Explain your answer. a. Is Christian’s adoption valid?

a. When a right to sue upon a civil obligation has Yes. Even assuming that Christian was already of legal
lapsed by extinctive prescription, the obligor who age when Abe and Bea adopted him, the decree of
voluntarily performs the obligation can recover adoption is still valid because a person of age can be
what he has delivered or the value of the services adopted if he had been consistently considered and
he has rendered. treated by the adopter as his or her own child during
minority.
b. Natural obligations grant a right of action to
enforce their performance, and after voluntary b. What is the standing of Christian’s marriage to
fulfillment by the obligor, they authorize the Digna?
retention of what has been delivered or rendered Christian’s marriage to Digna is valid. Article 38 (8)
by reason thereof. of the Family Code expressly declares by reason of
c. When a testate or intestate heir voluntarily pays public policy that a marriage between adopted children
a debt of the decedent exceeding the value of the of the same adopter is void. This prohibition does not
property, which he received by will or by the law apply here because at the time of their marriage,
of intestacy from the estate of the decedent, the Christian was not yet the legally adopted child of Abe
payment is valid and cannot be rescinded by the and Bea.
payor-heir. QUESTION NO. 181
The statement in (c) is correct because an heir who
Abe and Ana travelled to Boracay with their
pays the debt of a decedent in excess of his inheritance
friends and co-employees on a company outing.
is estopped from rescinding the payment. His only
While swimming, Abe shouted for help. Because
recourse is to recover the excess from the decedent’s
Abe appeared to be frantic and drowning, the life
estate.
guard on duty swam to where Abe was and rescued
The statement in (a) is wrong because a debtor’s Abe. At the beach, Abe begged Ana to marry him,
voluntary payment of the debt despite his knowledge declaring his undying love for her. Believing that
that the debt had already prescribed does not entitle Abe was at the point of death, Bea consented, and
him to recover. His payment constitutes a natural they were married instantly by a priest who was
obligation under Article 1423 of the Civil Code. nearby.
The statement in (b) is wrong because a natural
After the ceremony, Abe bounced back to life as if
obligation - unlike a civil obligation which is based on
nothing happened. He then confided to his friend
positive law - derives its binding force from equity and
that he pretended to be drowning when he shouted
justice, and does not grant a right of action to enforce
for help. Abe died of drowning the following day.
its performance; but after voluntary fulfillment by the
What is the legal standing of Abe’s marriage to
obligor, it authorizes the retention of what has been
Ana?
delivered or rendered by reason thereof.
The marriage is void for lack of a valid marriage
QUESTION NO. 179 license. A marriage in articulo mortis is exempt from
With prior court approval, Greg, guardian of a marriage license. It is a marriage where either or both
Willy, a minor, sells the 2010 Mitsubishi Montero parties are at the point of death. Abe was not at the
which Willy inherited from his deceased parents point of death when the marriage was performed.
for Php500,00 although the vehicle was worth Consequently, the marriage is not a marriage in
PhpPhp1 million at the time of the sale. What is the articulo mortis which would have excused Abe and
legal standing of the sale? Ana from securing a marriage license. That Abe died
of drowning the following day does not detract from
The sale is valid despite the fact that Willy suffered the fact that at the time of the marriage, Abe was not
lesion by more than one fourth of the value of the at the point of death.
vehicle. This is because the sale was made with prior
court approval. Had the sale been made without court QUESTION NO. 182
approval, the sale would have been a complete nullity
Tom, a widower, 89 years of age and suffering from
and even unenforceable against Willy.
minor ailments, including decreased hearing and
QUESTION NO. 180 impairment of vision, made a will a month before
his death leaving an estate valued at Php900,000. In
Abe and Bea, a childless couple, brought into their his will, Tom disinherited his son, Abe, without
home Christian, the infant son of their driver who stating the reason therefor. Tom emphatically
died in an accident. The couple took care of stated in his will that his two other children, Bea
and Carl, are the only heirs who are to inherit from Abe delivers 12 centerpieces made of a single
his estate to the exclusion of Abe. Tom appointed yellow rose surrounded by Malaysian mums.
Rey as executor of his will. Distribute Tom’s estate.
c. Rey hires Abe to transport Rey’s friends to Mt.
The institution of Bea and Carl as Tom’s heirs remains Pinatubo for a trek to the summit on a 4x4
valid, but their shares are to be reduced to allow Abe vehicle due to the difficulty of the terrain. Abe
to receive his legitime. Abe is entitled to his legitime borrows a vehicle from Larry, but Larry lends
because he was disinherited for no cause by his father. Abe a vehicle which is not 4x4.
Had there been preterition here, as when Abe was
d. Ana sells to Bea her diamond ring. Bea,
omitted from the inheritance, Tom’s three children
accompanied by Ana, brings the ring to an
would be entitled to receive Php300,000 each from the
appraiser who certifies the ring to be genuine.
estate. But because this is not a case of preterition but
Unknown to Bea, Ana had the appraiser
one for ineffective disinheritance, the estate would be
examine a different ring such that the ring that
distributed as follows:
was brought by Bea was not real.
Abe: 150,000 (legitime)
Tessie has no remedy in (a). No express warranty is
Bea: 150,000 (legitime) created simply by the seller expressing his personal
225,000 (free portion) opinion to the buyer, nor do his statements to the buyer
constitute a warranty if he is just “talking up” the
Carl: 150,000 (legitime)
merchandise (called “puffing”), even though the buyer
225,000 (free portion)
may rely on such statements. Even the use of the word
________
“guarantee” adds little, considering how it was used.
900,000
A statement of fact must be of the essence of the
QUESTION NO. 183 subject matter.

Pedro died without a will. He is survived by his Abe is liable for damages in (b) for breach of the
legitimate children (Abe and Bea); his widow obligation. Article 1170 of the Civil Code refers to
(Wendy); and illegitimate child (Carl). The net incidental fraud (dolo incidente) committed in the
value of Pedro’s estate is Php1.4 million. Distribute performance of an obligation already existing because
Pedro’s estate. of a contract. Here, Abe is liable because he deviated
from his agreement with Tessie to decorate the
Satisfy the legitimes of the heirs first. The balance centerpieces with a bunch of yellow roses.
must be divided among the heirs in the proportion of
2:2:2:1. Abe is liable for damages in (c) because he deviated
from his undertaking to transport Rey and his friends
LEGITIMES: on board a 4x4 vehicle which is an essential element
Abe 350,000 of the undertaking given the difficult terrain of in
Bea 350,000 reaching the summit of Mt. Pinatubo.
Wendy 350,000 Bea can sue for annulment of the sale with damages in
Carl 175,000 (d) on the ground that Ana committed fraud in
________ inducing Bea to agree to the sale. It is clear here that
BALANCE 175,000 had Bea known that she was not buying a genuine
The balance of 175,000 is to be divided equally among diamond ring, she would not have consented to the
the heirs in the proportion of 2:2:2:1. Thus, Abe, Bea, sale.
and Wendy are entitled to 2/7 each of 175,000, or QUESTION NO. 185
50,000 each. Carl is entitled to 1/7 of 175,000, or
25,000. The final distribution would be as follows: Abe, 70, lends Rey Php1 million with interest at
15% per annum. When the loan fell due, Rey
Abe 350,000 plus 50,000
attempted to deliver a personal check to Abe,
Bea 350,000 plus 50,000
inclusive of the stipulated interest, but Abe refuses
Wendy 350,000 plus 50,000
to see him. Apparently, Abe suffers from dementia;
Carl 175,000 plus 25,000
and there is a pending proceeding to place him
TOTAL 1.4 million under guardianship. The court has temporarily
placed Abe in the care of his nephew, Larry, as
QUESTION NO. 184 guardian ad litem pending the issuance of letters of
guardianship that will officially appoint Larry as
Determine the proper remedy of the aggrieved Abe’s guardian. What is Rey’s remedy?
party in the following cases. Explain your answer.
a. Abe, pretending to be a horticulturist, sells to Rey is obliged to tender the payment to Larry pursuant
Tessie a bonsai plant which he claims will bear to Article 1240 of the Civil Code which provides that
cherry tomatoes. Tessie buys the bonsai plant payment shall be made to the person in whose favour
only to learn later that it won’t bear fruit. the obligation has been constituted, or his successor in
interest, or any person authorized to receive it. Since
b. Abe, a florist, agrees to decorate the tables at the Abe, the creditor, was placed in the care of a temporary
wedding reception of Tessie’s daughter. In the guardian ad litem who is authorized to administer
purchase order form, Abe agreed to supply 12 Abe’s estate pending the appointment of a permanent
table centerpieces made of a bunch of yellow guardian, the temporary guardian is decidedly a person
roses in elaborate floral arrangement. Instead, authorized to receive the payment.
QUESTION NO. 186 QUESTION NO. 188
Paterno, 87, died of a heart attack without a will. After securing a marriage license, Abe and Bea,
Surviving Paterno were his widowed mother both residents of Manila, went to the Office of the
(Marie); his wife (Wendy); his legitimate children Mayor of Baguio City, to get married. The mayor
(Abe and Bea); his grandson (Eric) who is the son was not at his office but a secretary at the office
of Bea; another grandson (Fidel) who is a asked Abe and Bea and their witnesses to fill up
legitimate son of Carl, Paterno’s legitimate son and sign the marriage contract forms. Thereafter,
who died five years ago; and another grandson the secretary went out of the office to look for the
(Greg) who is the legitimate son of Dante, a mayor who she found in another office holding a
legitimate son of Paterno who repudiated his meeting. The mayor signed all copies of the
inheritance. How shall Paterno’s estate of Php1.2 marriage contract and gave them back to the
million be distributed? secretary who returned to the office. The secretary
then gave a copy of the marriage contract to Abe
The legal heirs of Paterno are Abe, Bea, Fidel, and
and Bea and told them they are already married.
Wendy. Eric is excluded by his mother Bea who is still
What is the legal standing of the marriage?
alive. Fidel represents Carl who predeceased Paterno.
Greg is excluded because of the repudiation of Dante. The marriage is void because the mayor did not
Marie is likewise excluded in view of the survival of perform a ceremony. A marriage ceremony is one
Paterno’s legitimate children. which takes place with the appearance of the
contracting parties before the solemnizing officer and
In addition to their respective legitimes, Abe, Bea,
their personal declaration that they take each other as
Fidel and Wendy are entitled to equal shares in the free
husband and wife in the presence of not less than two
portion of Php400,000. Therefore, the final
witnesses of legal age. (Article 3[3], Family Code)
distribution of Paterno’s estate is as follows:
Abe 200,000 plus 100,000 QUESTION NO. 189
Bea 200,000 plus 100,000 Ana is the wife of Abe. Abe was among the
Fidel 200,000 plus 100,000 passengers on board a passenger plane that
Wendy 200,000 plus 100,000 mysteriously crashed in 2002. Five years after the
QUESTION NO. 187 crash, and believing that her husband had died in
the crash, Ana married Rey. The marriage was
With her deceased first husband, Bea begot two performed without Ana obtaining a prior judicial
children, Don and Eric. With her deceased second declaration of her missing husband’s presumptive
husband, Bea begot Fidel, Greg, Henry, and Inigo. death. Ten years later, the authorities found the
Bea died last year followed by Don who died this remnants of the plane. After a diligent search,
year without a will. Don was survived by all his Abe’s body was recovered. Per official report
siblings. The net value of Don’s estate is Php1.2 submitted by government officials on the cause of
million. the accident, no passenger survived in the plane
crash. What is the status of Ana’s marriage to Rey?
a. How shall Don’s estate be distributed?
The marriage is valid because there was no
The rule of double share for full-blood relative applies.
impediment to the valid celebration of Ana’s second
Here, Eric is entitled to a share double that of his half-
marriage, Ana’s husband being dead at that time. That
siblings Fidel, Greg, Henry, and Inigo. Therefore:
there was no prior judicial declaration of presumptive
Eric 400,000
death of Ana’s husband before Ana’s remarriage is of
Fidel 200,000
no moment because it turned out that the husband died
Greg 200,000
in the plane crash thereby removing any impediment
Henry 200,000
to Ana’s remarriage.
Inigo 200,000
________
1.2 million
QUESTION NO. 190
Maria, an illiterate widow, verbally sold to Pedro
b. Suppose Don’s siblings had predeceased him, in 1978 the farm which she and her deceased
and the only survivors are his nephew, John, the husband had acquired by way of free patent from
legitimate son of Eric, and his nephews, Kurt and the government in 1974. After receiving the agreed
Lyle, the legitimate children of Henry, how should purchase price, Maria vacated the property and
the estate be divided? turned over possession to Pedro. Shortly after
The rule of double share for full-blood collateral still Maria’s death in 1994, Pedro attempted to resell
applies. If there are nephews and nieces surviving the the farm, but failed to do so because the title
decedent, relationship by the whole or half-blood remained in Maria’s name. Informed of the
becomes material in the distribution of the estate. attempted sale, Maria’s only child, Juan,
Here, all the nephews inherit in their own right because demanded that Pedro vacate the property and
they do not concur with an uncle or aunt. return it to Juan. Juan is aware of the previous sale
but he was a still minor at the time of the sale.
John 600,000
Kurt 300,000 a. Does Juan still have a remedy?
Lyle 300,000 Yes. Juan’s remedy is to file an action for the recovery
________ of the property or for declaration of nullity of the sale
1.2 million
on the ground that the contract of sale is void for being and recorded in the civil registry together with the
contrary to public policy. birth certificate of the child.
b. Has the action prescribed? The statement in (b) is wrong because Larry is not the
illegitimate child of Abe and Bertha. The provision
The action has not yet prescribed. The sale of the land
under Article 165 of the Family Code that “children
by Maria to Pedro four years after the issuance of the
conceived and born outside a valid marriage are
free patent, being in violation of Section 118 of the
illegitimate” is applicable only when the child was
Public Land Act, is void from its inception. Juan’s
naturally conceived, and not through artificial
action to declare the nullity of the contract and to
insemination.
recover the land should therefore be given due course.
The defense of prescription is even untenable because The statement in (c) is wrong for the same reason
an action which seeks to declare nullity of a contract stated in the preceding paragraph.
does not prescribe. (Art. 1410, Civil Code)
The statement in (d) is wrong for the same reason
c. Can Pedro successfully invoke the pari delicto stated in the preceding paragraph.
doctrine rule in his defense?
No. While as a rule, parties who are in pari delicto
QUESTION NO. 192
have no recourse against each other on the principle Determine the validity of the following marriages:
that a transgressor cannot profit from his own a. Abe is married to Bea, while Carol is married to
wrongdoing (Art. 1412[1], Civil Code), such rule does David. Abe and Carol are legitimate brother and
not apply to violations of Section 118 of the Public sister, respectively. Upon the death of Abe and
Land Act. This is so because of the underlying public Carol who died in the same plane crash, Bea
policy in said law to conserve the land which a marries David.
homesteader has acquired by gratuitous grant from the
government for himself and his family. The marriage is valid because it is neither incestuous
nor contrary to public policy. Article 38 of the Family
QUESTION NO. 191 Code enumerates the marriages which are void by
reason of public policy. Bea’s marriage to David is not
Abe and Bertha, both of marriageable age and not
one of those prohibited.
suffering from any impediment, are living together
as husband and wife without the benefit of b. Abe, the only son of Pedro, is lawfully married to
marriage. Not able to beget a child after five years Bea, the only daughter of Maria. Pedro a widower,
of cohabitation, they sought medical advice from a later marries Maria who is herself a widow.
doctor. After some tests, the doctor found Abe to be
The marriage is valid because it is neither incestuous
sterile. Longing to have a child, Bertha underwent
nor contrary to public policy. Article 38 of the Family
artificial insemination using the sperm of Abe’s
Code enumerates the marriages which are void by
brother, Rey. The consent of the three to the
reason of public policy. Pedro’s marriage to Maria is
procedure was reduced in writing. Lea later gave
not one of those prohibited.
birth to Larry. Which of the following statements
accurately describes Larry’s status? c. Pedro is a widower, while Maria is a widow.
Being sweethearts in high school, they rekindled
a. Larry is the legitimate child of Abe and Bertha
their long lost love and got married. After several
because their consent to the medical procedure
years, Abe, Pedro’s son by his former marriage,
was in writing pursuant to law.
marries Bea, Maria’s daughter by her deceased
b. Larry is the illegitimate child of Abe and Bertha husband.
because the couple are not married.
The marriage is valid because it is neither incestuous
nor contrary to public policy. Abe and Bea are
c. Larry is the illegitimate child of Rey and Bertha
stepbrother and stepsister, respectively. Article 38 of
because they are the biological parents.
the Family Code enumerates the marriages which are
d. Larry is the illegitimate child of Bertha because void by reason of public policy. Abe’s marriage to Bea
she is not married and there is no presumption is not one of those prohibited.
as to who the father is.
d. Abe, a narcotics agent, kills Bene, a notorious
e. There is no presumption as to Larry’s status. drug pusher. Abe is later acquitted of Ben’s killing,
and marries Cynthia, Ben’s widow.
The statement in (e) is correct because there is no law
which provides for the status of a child born of Abe’s marriage to Cynthia is valid because Ben’s
artificial insemination procured by persons who are killing by Abe was not for the purpose of marrying
not lawfully married, as in the case of Abe and Bertha. Cynthia, but in line with his duty as a narcotics agent.
The statement in (a) is wrong. Larry is not the e. Arnold, single, adopted Brad. Carol, also single,
legitimate child of Abe and Bertha because they are adopted Dina. Arnold and Carol get married.
not lawfully married. This is clear from the provision Fifteen years later, Brad marries Dina.
under the second paragraph of Article 164 of the
The marriage is valid because it is not contrary to
Family Code which declares that children conceived
public policy. While Article 38 (8) of the Family Code
as a result of artificial insemination of the wife with
prohibits the marriage between adopted children of the
the sperm of the husband or that of a donor or both are
same adopter, Brad and Dina are not the adopted
legitimate children of the husband and his wife
children of the same adopter – Brad being the adopted
provided that both of them authorized or ratified such
insemination in writing before the birth of the child
child of Arnold, and Dina being the adopted child of 14 , 25 PD 1529) If a party desires to be heard in a land
Carol. registration case, he should ask for the lifting of the
order of general default, and then if lifted, file an
f. Abe is Bea’s husband. Upon Abe’s death, Bea
opposition to the application for registration.
marries Pedro, the widowed father of Abe.
The marriage is void because it is a marriage between QUESTION NO. 196
a father-in-law and a daughter-in-law which is Is a motion to dismiss allowed in a land registration
prohibited under Article 38 (3) of the Family Code for case?
being contrary to public policy.
Yes. Both the Land Registration Act (Act No. 496) and
g. Maria, single, adopted Carol, the infant daughter the Property Registration Decree of 1978 (PD No.
of her driver. A few years later, Maria gives birth 1529) do not provide a prohibition for the filing of a
to David out of her relationship with her boyfriend, pleading similar to a motion to dismiss. Section 34 of
Abe, a good for nothing gigolo. Maria doted on PD 1529 specifically provides that, “the Rules of
Carol and treated her as if she were her son. Maria Court shall, insofar as not inconsistent with the
also took care of David and, together with Carol, provisions of this Decree, be applicable to land
sent both children to exclusive schools. In college, registration and cadastral cases by analogy or in a
David falls in love with, and marries Carol. suppletory character and whenever practicable and
The marriage is valid because it is not contrary to convenient.”
public policy. While Article 38 (7) of the Family Code
prohibits the marriage between an adopted child and a QUESTION NO. 197
legitimate child of the adopting parent, there is no Husband is the operator of a public utility vehicle
similar prohibition regarding the marriage between an which meets an accident resulting in the death of a
adopted child and an illegitimate child of the adopting passenger. When judgment is rendered against
parent. him, and execution is levied on a conjugal house
and lot, he claims that the share of his wife in the
QUESTION NO. 193 property should not be made to answer for the
Pedro, an illegitimate person, dies without a will. debt. Is Husband’s contention tenable?
He is survived by his father (Fidel); his widow Yes. The absolute community is not liable because of
(Wanda); his brother (Arnel); and his two other par. 9, Article 94 of the Family Code, which provides
brothers (Ben and Cosme), the children of his that “liabilities incurred by either spouse by reason of
father from a lawful marriage. The net value of a crime or quasi-delict, in case of absence or
Pedro’s estate is Php1.2 million. What are the insufficiency of the exclusive property of the debtor-
distributive shares of the heirs? spouse…” presupposes that the husband alone is
Only Fidel and Wanda are entitled to inherit from liable, but the payment may be advanced by the
Pedro’s estate, at Php600,000 each. Illegitimate community property to be deducted from the
parents, such as Fidel, do not exclude the surviving husband’s share upon liquidation of the community.
spouse. Arnel, Ben, and Cosme, Pedro’s brothers, are
not entitled to inherit because they are excluded by QUESTION NO. 198
Fidel under the principle of preference of line. Abe and Betty, husband wife, are the parents of
Arnel and Ben. By a previous marriage, Abe has a
QUESTION NO. 194 legitimate child, Carl. Also by a previous marriage,
Tristan named his legitimate children (Arnel and Betty has a legitimate child, Denver. Abe gave each
Ben) and his friend (Fidel) as his heirs to an estate of the four children for their education a donation,
of Php6 million. Tristan dies. Divide the estate. but did not get Betty’s consent. Who is liable for the
The institution of Arnel, Ben and Fidel concerns only value of the donations?
the free disposal of Php3 million. Arnel and Ben are The donations given to Arnel and Ben are valid
first given their respective legitimes (Php1.5 million because they were made to the common children of
each. The free disposal is then divided equally among Abe and Betty in furtherance of the career of both
the three instituted heirs: children. Therefore, the expenses are to be borne by
Arnel: 1.5 million (compulsory heir) the absolute community despite the fact that Betty’s
1 million (voluntary heir) consent had not been obtained.
Ben: 1.5 million (compulsory heir) On the other hand, the donation given to Carl is valid,
1 million (voluntary heir) but the absolute community is not liable. Only the
husband is liable. It is true that it was given for the
Fidel: 1 million (voluntary heir) purpose of finishing a career, but here the consent of
the wife was not obtained. Carl is not a common child
QUESTION NO. 195 of Abe and Betty, but of Abe only. The donation given
Is a motion for intervention in a land registration to Denver is void. This is so because the donation
case proper? would be an indirect donation of Abe to Betty who is
a presumptive heir of Denver.
No. Unlike in ordinary civil actions where parties may
include a plaintiff, a defendant, a third-party QUESTION NO. 199
complainants, cross-claimants, and intervenors, the
only parties in cases of original applications for land If useful improvements can be removed by the
registration are the applicant and the oppositor. (Secs. possessor in good faith without injury, may the
owner retain them? If so, how much should the for legal separation. Is there a confession of
owner refund to the possessor in good faith? judgment?
A possessor in good faith has the right to remove his No. On the contrary, the petition for legal separation
useful improvements provided no substantial damage should be granted in view of the presence of other
or injury is caused to the principal, reducing its value, evidence. Here, there was only an extra-judicial
unless the owner refunds to the possessor in good faith admission and not a confession of judgment (which
the amount spent in the increase in value which the usually happens when the defendant appears in court
thing may have acquired by reason of the and confesses the right of plaintiff to judgment or files
improvements. a pleading agreeing to plaintiff’s demand).

QUESTION NO. 200 Even if the statement of Wife really constitutes a


confession of judgment, still, inasmuch as there is
Abdul is a barter trader in Zamboanga City. He evidence of sexual infidelity on the part of the wife
communicates via text messaging to Kiram, who is independently of such statement, the decree of legal
based in Jolo, to transact business. Last month, he separation would be premised not on her confession,
agreed with Kiram to exchange a cargo of batik but on the strength of the evidence of sexual infidelity
clothing, numbering 200 pieces of assorted shirts, on the part of the wife. What the law prohibits is a
malong, and skirts, with a cargo of 50 boxes of judgment based exclusively on the confession of
canned goods imported from Australia. Kiram judgment. If a confession can automatically and itself
received the batik items, but did not send the defeat the suit, any defendant who opposes the legal
canned goods to Abdul because of news reports separation will immediately confess judgment,
that the incursion of Abu Sayyaf had stopped the purposely to prevent the giving of the decree.
barter trade. Is Kiram in breach of his obligation?
Yes, because he failed to do what is incumbent upon
QUESTION NO. 204
him upon delivery of the batik goods to him. Under Article 58 of the Family Code, an action for
Moreover, Kiram is not even allowed to invoke the legal separation must not be tried before six
defense of fortuitous event considering that he was months have elapsed since the filing of petition, the
already in delay in the performance of his obligation. purpose being to provide the parties a cooling-off
period. Is this requirement absolute?
QUESTION NO. 201 An action for legal separation requires a “cooling-off”
Abe promises to sell to Melany a parcel of land at a period of six months. However, when the ground
reduced price on condition that Melany should stay alleged is one of those falling under R.A. No.9262
single and not marry anyone. Melany subsequently (Anti-Violence Against Women and their Children
enters a convent to become a nun. The following Act), there is no such “cooling-off” period because the
year, Melany demands fulfilment of Abe’s promise. courts are mandated to proceed with the hearing of the
Is Abe bound by his promise? case as soon as possible. (Sec. 19, RA No. 9262)
Abe is not obliged to sell the land to Melany because QUESTION NO. 205
the condition attached to it is contrary to law and
public policy as an undue restraint on individual Homer is married to Winda. Before their marriage,
freedom. Winda confessed to Homer that she was two-month
pregnant with the child of an African-American
QUESTION NO. 202 engineer who had already left the country. When
Abe owes Rey Php2 million payable on or before the child was born, Homer could not accept it for
December 31. To secure the loan, Abe executes a being too black in complexion. What is the status of
mortgage in favor of Rey on Abe’s building. On the child?
October 25, the mortgaged building is totally The child is the legitimate child of Homer and Winda
destroyed in a fire of accidental origin. After the because it was born within a valid marriage. This is so
fire, Rey immediately demands payment from Abe. because under the law, a child conceived and born
Is Rey’s demand valid? during lawful wedlock is almost conclusively
Yes. The debt becomes due and demandable at once presumed legitimate. The presumption is almost
because the security is lost even through a fortuitous conclusive because the law allows certain grounds to
event, unless the debtor can furnish another security disprove it. (Art. 164, Family Code)
for the loan which is equally satisfactory. (Art. 1198, QUESTION NO. 206
Civil Code) This is once instance where the debtor
loses the benefit of the period. Husband and Wife are living separately from each
other. After their separation, Wife cohabited with
QUESTION NO. 203 Gigolo from 1985 up to the latter’s death in 2005.
Husband catches Wife having illicit relations with In 1994, Wife gave birth to Son. During the three-
Gigolo. Husband then tells Wife that he will file an day stay of Wife at the hospital, Gigolo visited and
action against her for legal separation to which the stayed with her and the new-born baby. All the
latter agreed provided she will not be charged medical and hospital expenses, food, and clothing
criminally. Husband promptly files a complaint for of Wife and the baby were paid under the account
legal separation. Wife defaults. When questioned of Gigolo.
by the Public Prosecutor why she failed to file an A few months later, Gigolo would bring Son to his
answer, Wife signifies her intention to the petition office, introduce him as his son, and had their
pictures taken together. On the occasion of
Gigolo’s last birthday, he expressly acknowledged Brad 200,000 by representation
Son to be his son in the presence of a priest and 100,000 by accretion
other friends. Since his birth, Son had been in
Bien 200,000 by representation
continuous possession and enjoyment of the status
100,000 by accretion
of a recognized child of Gigolo by the latter’s direct
and overt acts. After Gigolo’s death, Wife, as QUESTION NO. 209
guardian of Son, brought an action to claim his
son’s share in the estate of Gigolo claiming that her What are the essential characteristics of a decree of
son is the illegitimate child of the deceased. Is Son registration or certificate of title?
the illegitimate child of Gigolo? FIRST: A decree of registration or the corresponding
No. A child born and conceived during a valid certificate of title binds the land, quiets title thereto,
marriage is presumed to be legitimate. While physical and is conclusive against all persons, including the
impossibility for the husband to have sexual government.
intercourse with his wife is one of the grounds for SECOND: After one year from its entry or even
impugning the legitimacy of a child born to the wife, earlier in cases where title to the land has been
the grounds for impugning such legitimacy under transferred to an innocent purchaser for value, the
Article 166 of the Family Code may only be invoked decree becomes final and incontrovertible.
by the husband, or in proper cases, his heirs under the
conditions set forth under Article 171 also of the THIRD: A torrens title issued pursuant to a
Family Code. homestead patent, free patent, or sales patent under the
Public Land Act has the same force and effect as a
Outside of these cases, no one - even the heirs - can Torrens title.
impugn legitimacy. If the husband who is presumed to
be the father does not impugn the legitimacy of the FOURTH: The operative act that conveys or affects a
child, then the status of the child is fixed and the latter registered land is the act of registration insofar as third
cannot choose to be the child of his mother’s alleged persons are concerned.
paramour. Moreover, it is settled that a child born FIFTH: No title to registered land in derogation of the
within a valid marriage is presumed legitimate even title of the registered owner shall be acquired by
though the mother may have declared against its prescription or adverse possession. However, the
legitimacy or may have been declared as an adulteress. registered owner may be barred from invoking the
(Liyao v. Liyao, 378 SCRA 563 [2002]) imprescriptibility of his title by virtue of the equitable
QUESTION NO. 207 principle of laches. (Heirs of Batiog-Lacamen v. Heirs
of Lauran, 65 SCRA 605)
In his will, Tom named his legitimate children (Abe
SIXTH: Torrens titles are not subject to collateral
and Ben) and his friend (Fidel) as his universal
attack. It cannot be altered, modified, or cancelled,
heirs. Abe predeceased his father (Tom) without
except in a direct proceeding in accordance with law.
any descendant to inherit from him. Tom died with
an estate valued at Php600,000. Divide the estate. QUESTION NO. 210
Abe’s supposed share in the legitime (Php150,000) Which of two titles is superior: an earlier title
goes to his brother, Ben, who will inherit it in his own secured administratively or a later title secured
right since it is the legitime. Abe’s share in the free through a judicial proceeding?
portion (Php50,000) will go equally to Ben and Fidel
by accretion since it is the proportion in which they The person holding the prior certificate of title is
were instituted to the free portion. If Fidel predeceases entitled to the land as against the person who relies on
Tom, his share in the free portion will go to Abe and the second certificate. Pursuant to Section 32 of P.D.
Ben by accretion. It is so because they were instituted No. 1529, upon the expiration of one year from the
as voluntary heirs. issuance or entry of the decree of registration, the
decree and certificate shall become indefeasible and
QUESTION NO. 208 incontrovertible. This provision also applies to titles
acquired through homestead or other public land
Paco has three legitimate brothers (Abe, Ben, and
patents. (Lahora v. Dayanghirang, 37 SCRA 346)
Chad) Abe predeceases Paco, but he is survived by
his legitimate child, Arnel. Ben is incapacitated, but QUESTION NO. 211
he has two legitimate children, Brad and Bien.
Chad repudiates the inheritance. How shall Paco’s If the title of a land applicant to a public
intestate estate of Php1.2 million be distributed? agricultural land is incomplete or imperfect, what
is his ultimate remedy under the law?
The Php400,000 share of Abe who predeceased his
brother, Paco, goes to his legitimate child, Arnel, by If the applicant of a parcel of land cannot sustain his
representation. The Php400,000 share of Ben who is claim of private ownership or does not have enough
incapacitated to inherit goes to his legitimate children, evidence to overcome the presumption that the land
Brad and Bien, also by representation, or Php200,000 belongs to the public domain under the Regalian
each. The Php400,000 share of Chad who repudiated Doctrine, his ultimate recourse is to admit that the land
the inheritance goes to Arnel, Brad and Bien by is a public land but invoke his right to confirm his
accretion in the same proportion that they inherit, or in imperfect or incomplete title to the land under Section
the proportion of 2:1:1. 48 of the Public Land Act, C.A. No. 141.
Arnel 400,000 by representation
200,000 by accretion
birth, Tina and her husband died in an accident.
QUESTION NO. 212 Dina was later adopted by an American couple.
Which of the following marriages would a court Who is entitled to inherit from Abe?
most likely declare void?
Only Bea and Dina are entitled to inherit from Abe.
a. Abe and Bea are married and have a son, Bea is entitled to inherit because she is Abe’s niece,
Charlie, who is 19. David and his girlfriend, she being the legitimated daughter of Sam, Abe’s
Elnora, have a daughter, Fiona, who is 18. Abe legitimate brother. A legitimated child shall enjoy the
and David are brothers. Charlie and Fiona got same rights as legitimate children. (Art. 179, Family
marriage last year with the consent of their Code)
parents.
Dina is also entitled to inherit because she is the
b. Arnulfo and Anabelle are husband and wife. legitimate daughter of Tina, Abe’s sister. That Dina
Anabelle died of pancreatic cancer two years was adopted by an American couple does not
ago. Distraught by his wife’s death, Arnulfo disqualify her to inherit from Abe because an adopted
married Angela, 26. Anabelle and Angela are child remains an intestate heir of his parents and other
sisters. blood relatives.
The marriage in (a) between Charlie and Fiona would Ana is not qualified to inherit from Abe because of her
most likely be declared void, but not the marriage in status as an illegitimate child of Rey. An illegitimate
(b) between Arnulfo and his sister-in-law, Angela. child has no right to inherit ab intestato from the
legitimate relatives of his father or mother. (Art. 992,
The marriage in (a) is void because Charlie and Fiona Civil Code). Since Abe is a legitimate brother of Rey,
are first cousins. Their marriage is void under Article Ana is therefore excluded from Abe’s inheritance.
38 (a) of the Family Code because they are collateral
relatives within the fourth civil degree of Candy is also not qualified to inherit from Abe
consanguinity, and it doesn’t matter whether their because of her status as an adopted child of Sam,
relationship is illegitimate. Abe’s brother. Candy’s relationship with Sam, her
adoptive father, is purely personal between them and
The marriage in (b) is valid because Arnulfo was no does not extend to Abe.
longer suffering from any impediment when he
married his sister-in-law, Angela. A marriage between QUESTION NO. 215
a brother-in-law and a sister-in-law is valid because it
is not one of those prohibited by law for reasons of Abe wanted to have his house remodeled. He called
public policy. (Art. 38, Family Code) a number of building contractors and received bids
ranging from Php1 million to Php1.5 million. Ben
QUESTION NO. 213 submitted a bid to do the work for Php900,000. Abe
then entered into a notarized contract with Ben to
Tom executed a will giving a legacy of Php1 million have the house remodeled.
to his friend, Frank. Tom executed the will in the
presence of three instrumental witnesses. One of Shortly before Ben was scheduled to begin work, he
the instrumental witnesses was Frank. Is the will called Abe and said, “I just found out my secretary
valid? made a mistake in adding figures. I couldn’t
possibly do the work for Php900,000 or I’d lose
The will is valid and binding because of the presence money.” Abe sues Ben for breach of contract.
of three instrumental witnesses, but Frank is Judgment for whom?
incompetent to receive the legacy. If a person attests
the execution of a will, to whom a devise or legacy is Judgment for Abe if he did not have reason to know
given by such will, such devise or legacy, so far as Ben’s erroneous bid. Ben cannot refuse to perform on
such person is concerned, shall be void, unless there grounds of unilateral mistake because mistake cannot
are three other competent witnesses to such will. and ought not co-exist with negligence, as in this case.
However, such person so attesting shall be admitted as (Art. 1331, Civil Code)
a witness as if such devise or legacy had not been made
or given. (Art. 823, Civil Code) QUESTION NO. 216
Which of the following agreements need not
QUESTION NO. 214 comply with the Statute of Frauds?
Abe, single, died without a will with an estate a. Abe is indebted to Ben which is now due. Clay,
valued at Php1.2 million. He is survived by the a friend of Abe, promises to pay Ben what Abe
following relatives: owes in case the latter defaults in his obligation
a. Ana, the daughter of Rey, the latter being Abe’s to Ben.
legitimate brother. Rey has never been married. b. Abe intends to borrow money from Ben to
b. Bea, the daughter of Sam, the latter being Abe’s finance a business. Clay, a friend of Abe, tells
legitimate brother. Sam was not yet married to Ben to extend the loan to Abe and represents
Bea’s mother when Bea was born. Sam has since that Abe financially able in paying the loan
married Bea’s mother. obligation.
c. Candy, the adopted daughter of Sam. c. Abe sells to Rey a car for Php150,000.
d. Dina, the daughter of Tina, the latter being d. Abe assigns his leasehold rights to Rey for the
Abe’s legitimate sister. Shortly after Dina’s remainder of the lease period.
The agreement in (d) need not comply with the Statute artificially inseminated with the sperm of an
of Frauds. The contracts which are required to be in unnamed donor. When Abe discovered Bea’s
writing to be enforceable are those enumerated under pregnancy through this procedure, he immediately
Article 1403 (2) of the Civil Code. The list is commenced an action for legal separation. Will
exclusive. An assignment of leasehold rights, even if Abe prevail?
the lease involves real property, is not among the
Abe will not prevail because Bea is neither guilty of
contracts which is required to be in writing to be
sexual infidelity nor of any other ground for legal
enforceable. Inclusio unius, est exclusio alterius.
separation under Article 55 of the Family Code. Abe’s
The agreements in (a), (b), and (c) are required to be only remedy in law is to impugn the legitimacy of the
in writing because they all fall under the Statute of child on grounds that his wife procured the artificial
Frauds. The agreement in (a) constitutes a special insemination without his consent.
promise to answer for the debt, default or miscarriage
of another; the agreement in (b) constitutes a QUESTION NO. 220
representation as to the credit of another; while the Abe and Bea are common-law spouses. With Abe’s
agreement in (c) involves the sale of personalty the advancing age, Bea became increasingly concerned
price of which is in excess of Php500.00. about her economic security in the event anything
QUESTION NO. 217 should happen to Abe. Although Abe repeatedly
promised to take care of Bea in his will, Bea always
Ali and Raida, both of age and not suffering from insisted that Abe must “do something now, not
any impediment, have lived together for several later” to provide her with some security.
years as husband and wife without marriage.
One day, Abe asked Bea to meet him at his lawyer’s
Following the birth of a son, the couple got
office. There, he signed a notarized deed donating
married. The marriage proved to be a failure when
to her a parcel of land. Gratified by Abe’s
it was annulled on grounds that, at the time of the
generosity, Bea accepted the donation in the same
marriage, Ali concealed to Raida his affliction with
document. Shortly thereafter, Abe died. Abe’s
a serious and incurable sexually-transmissible
intestate heirs immediately commenced an action
disease. What is the child’s status?
against Bea for recovery of the property. Who
The subsequent annulment of the marriage of Ali and prevails?
Raida does not affect the legitimated status of their
Abe’s heirs prevail because the prohibition against
son. This is so because a voidable marriage is one
donation between spouses during the marriage also
which is valid until annulled.
applies to persons living together as husband and wife
QUESTION NO. 218 without a valid marriage. If the rule were otherwise,
persons in common-law relationships would be in a
Two years ago, Abe, an engineer, and Bea, a nurse, better position than those in lawful wedlock. This is
were introduced to each other by a mutual friend. certainly not the intendment of the law.
Tessie was a single parent with a two-year old son,
Sam. Abe and Bea were married last year. QUESTION NO. 221
Immediately after the marriage, Abe, with Bea’s Abe gives Rey in usufruct a parcel of land,
consent, filed a petition to adopt Sam. Sam’s birth including a residential building thereon, for a
certificate identified Rey as the father. When Sam period of ten years. During the life of the usufruct,
was a baby, Rey denied paternity and left the the building is totally destroyed in a fire of
Philippines. The court granted the adoption. Is the accidental origin. Abe now demands that Rey
adoption of Sam by Abe valid? vacate the land on grounds that the usufruct has
been extinguished by the total destruction of the
Sam’s adoption by Abe is void. Under the Domestic
building. Is Abe correct?
Adoption Act, a person who is financially capable of
giving care and support may adopt a child. Although Abe is wrong. Rey still has the right to use the land and
Abe, being a lawyer, is financially capable of giving the materials left on it until the end of the ten-year
care and support to Sam, his adoption of Sam is void. period.
The Domestic Adoption Act specifically requires that
the husband and wife shall jointly adopt, except if one QUESTION NO. 222
spouse seeks to adopt the legitimate child of the other; Abe promises to buy a new house for Tessie’s
or if one spouse seeks to adopt his or her own parents if Tessie were to marry him. Tessie agrees.
illegitimate child; or if the spouses are legally Abe later refuses to make good his promise. Can
separated from each other. Abe does not fall under any Tessie compel Abe to buy a house for her parents?
of these exceptions. His adoption of Sam, although
with Bea’s consent, is a complete nullity. To be valid, No. The promise of marriage was used as
the adoption should have been filed jointly with Bea. consideration for the promise to buy a new house.
Therefore, if Tessie wants to enforce this promise, the
QUESTION NO. 219 promise must be proved through something in writing,
and Abe needed to sign the writing. Abe’s promise
Abe and Bea, a childless couple, were married ten
falls squarely within the Statute of Frauds.
years ago. Despite several trips to Obando,
Bulacan, Bea still failed to conceive a child. Bea
attributes her failure to conceive a child to the fact
QUESTION NO. 223
that Abe’s family has a history of fertility problem. Andy and Ben inherited from their parents a farm.
Anxious to have a child, Bea secretly had herself On January 1, Andy sold his half interest over the
property to Celso for Php500,000. Ben learned of Government Code. It amended Articles 376 and 412
the sale on May 5 when Andy gave him a copy of of the Civil Code by granting the city and municipal
the sale document. Ben went to Celso and offered registrars the authority to correct clerical or
to redeem Andy’s share for Php550,000. Ben typographical errors and to change first names or
offered his check of Php400,000 as partial payment, nicknames in the civil registrar without need of
and promised to pay the balance in 60 days upon judicial order.
the approval of his bank loan. Celso refused. On
July 20, Ben launched an action against Celso for QUESTION NO. 225
legal redemption. What kind of clerical or typographical errors may
a. Did Ben make a valid and effective offer to be corrected administratively under R.A. No.
redeem Andy’s share? 9048?
No. The law, in granting unto a co-owner the right of The clerical or typographical errors which may be
redemption, intended that the offer to redeem must be administratively corrected under R.A. No. 9048 are
valid and effective, accompanied by an actual tender limited to those mistakes committed in the
of an acceptable redemption price. Here, Ben failed to performance of clerical work in writing, copying,
make a valid tender of the redemption price. Ben transcribing, or typing an entry in the civil register that
merely offered a check for P400,000, which was not are harmless and innocuous, which are visible to the
even legal tender and which Celso rejected. eyes, obvious to the understanding, and can be
corrected or changed only by reference to other
Celso was not obligated to accept Ben’s promise to existing record or records.
pay the balance by means of a loan to be obtained from
a bank. Bona fide redemption necessarily imports a QUESTION NO. 226
seasonable and valid tender of the entire repurchase
price, and this was not done. There is no cogent reason What kind of errors are not correctible under RA
for requiring Celso to accept payment by instalments 9048?
from a redemptioner, as it would ultimately result in Those errors that involve the change of nationality,
an indefinite extension of the 30-day redemption age, or status of the petitioner are excluded from the
period, when the purpose of the law in fixing a short coverage of the law. Consequently, any petition to
and definite term is clearly to avoid prolonged and correct any error that would subsequently change the
anti-economic uncertainty as to ownership of the thing nationality, age, or status of a person shall be filed with
sold. the proper court, and not with any local civil registrar.
All told, the offer to redeem was not in pursuance of a
legal and effective exercise of the right of redemption QUESTION NO. 227
as contemplated by law; hence, refusal of the offer on On what ground may a petition for change of first
the part of Celso is justified. The conditions precedent name be filed under RA 9048?
for the valid exercise of the right do not exist
Under RA 9048, the following are the grounds for the
b. Suppose Ben offered to pay in cash the change of a person’s first name: a) the petitioner finds
redemption price, and Celso refused, did Ben the first name or nickname to be ridiculous, tainted
seasonably file his complaint for legal redemption with dishonor, or extremely difficult to write or
on July 20? pronounce; b) the new first name or nickname has
No, the complaint was filed out of time. Article 1623 been habitually and continuously used by the
of the Civil Code does not prescribe any particular petitioner and he has been publicly known by that first
form of notice, nor any distinctive method for name or nickname in the community; c) the change
notifying the redemptioner. So long, therefore, as the will avoid confusion. Any of these grounds, if
redemptioner is informed in writing of the sale and the supported with convincing proof, will be sufficient
particulars thereof, the 30 days for redemption start basis of changing a person’s first name.
running, and the redemptioner has no real cause to
complain.
QUESTION NO. 228
Here, Andy showed Ben a copy of the sale document Abe was born on February 12, 1975. What was
in favor of Celso on May 5. The furnishing of this copy recorded as his date of birth in his birth certificate
is equivalent to the giving of written notice required was February 22, 1975, while all the other entries in
by law: it came from the vendor and made available in the birth certificate are February 15, 1975, the date
writing the details and finality of the sale. It served all when the attendant signed the document; the date
the purposes of the written notice, in a more authentic when the informant gave the information; the date
manner than any other writing could have done. As a when the clerk prepared the document; and the
necessary consequence, the 30-day period for the legal date when the instrument was received at the office
redemption by Ben began to run its course from and of the civil registrar. May the error be corrected
after May 5, ending on June 5. under RA 9048?
Yes. There is in this case an impossible event whereby
QUESTION NO. 224 registration of birth was done ahead of the occurrence
What is Republic Act No. 9048? of birth. That the birth was registered prior to its
occurrence indicates a glaring clerical error especially
Republic Act No. 9048 which took effect on April 22, if the date of birth, as recorded, is compared with the
2001 is the law which expanded the basic quasi- other significant dates in the same document. This
judicial duties and functions of Civil Registrars as error is visible to the eyes and is very obvious to the
provided under paragraph c, Section 479 of the Local
understanding; hence, it can be considered a clerical
error, which can be corrected under RA 9048.
QUESTION NO. 232
In this case, the correction is not an attempt to change Abe and Bea were married on January 15, 1996.
the age of Abe, but to correct the impression that On February 7, 1997, Bea gave birth to Carla.
registration was done prior to the occurrence of birth. Prior to Carla’s birth, Abe left the conjugal abode
and lived with another woman. Because of Abe’s
QUESTION NO. 229 infidelity, Bea registered Carla as illegitimate with
an “unknown” father. The item regarding the date
Abe was born on January 2, 1962, but the typist and place of marriage of parents was left blank.
entered the date of his birth as “2-1-62” which
could be interpreted as “February 1, 1962” or In 1999, Abe and Bea reconciled. It was then that
“January 2, 1962.” May Abe file for correction of Abe discovered the following: (a) The last name of
his date of birth? Carla is the maiden surname of his wife; (2) His
name as the father of Carla is not entered, but
Yes, because the date was misleading since a numeric marked “unknown,” and (3) There is no
character or symbol was used for the month. In information about the date and place of marriage
accordance with the order of writing the date in the of the parents. Are the errors correctible under RA
birth certificate, the “day” should be entered first, 9048?
followed by the “month” and the last, the “year.” The
month should be spelled out and not represented by The errors are not clerical within the meaning of R.A.
numerical symbol, like “January” and not “1”. The No. 9048 because the correction involves the change
error in question is clearly a clerical error within the of status of Carla from “illegitimate” to “legitimate.”
meaning of RA 9048.
QUESTION NO. 233
QUESTION NO. 230 Abe Cruz and Bea Santos, both of age and not
Abe and Bea, both of age and not suffering from suffering from any legal impediment, lived together
any impediment, lived together as husband and as husband and wife without a valid marriage. On
wife without a valid marriage. Bea gave birth to a October 25, 1995, Bea gave birth to Carol. A few
son, Rey, on October 25, 1995. Abe and Bea months later, Abe and Bea got married,
subsequently got married on February 20, 1996. particularly on February 14, 1998. The following
The following month, March 5, 1996, Abe’s birth month, March 14, 1998, Bea registered the birth of
was belatedly registered on March 5, 1996. Because Carol under the rules governing the delayed
Abe was born illegitimate, he used in his birth registration of births. The complete name of Carol
certificate the surname of his mother. In the entry which was recorded in her birth certificate was
under “Date and Place of Marriage of Parents,” Carol Santos Cruz, and the date of marriage of her
however, the entries “20 February 1996, Baguio parents was entered as February 14, 1998 and the
City” were made when it should have been “not place of the marriage as Baguio City. The Civil
married.” May Abe seek a correction under RA Registrar refuses to correct the entries. Decide.
9048? The entries are not clerical errors within the meaning
Yes. The error here is a clerical error within the of RA. 9048. The correction of the date of marriage of
meaning of R.A No. 9048 because a future event the parents will affect the status of the child.
cannot be recorded in the birth certificate. The The civil registrar was correct in denying the
correction will not alter the status of the child who, by correction of the entries in Caroline’s certificate of
his recorded name, is an illegitimate child who is birth considering that Carol’s surname should have
legitimated by virtue of the subsequent marriage of his followed that of her mother’s because she was born
parents. The error here arose because only information illegitimate. Moreover, the date and place of Carol’s
obtaining at the time of birth shall be recorded in the parents are erroneous because of the principle in civil
birth certificate, and not information prevailing at the registration that only the facts obtaining at the time of
time of registration. birth shall be recorded in the birth certificate and not
those facts prevailing at the time of registration
QUESTION NO. 231
QUESTION NO. 234
Maria Lourdes Cruz filed for correction of entry in
her certificate of live birth. She was baptized as Abe and Bea, both 14 years old, eloped. A daughter,
Maria Lourdes Cruz, the name entered in her Joy, was born to them when they were 16 years old.
certificate of live birth. When she started schooling, When they reached the age of 19, they got marriage
however, she used the name Ma. Lourdes Cruz. with the consent of their parents. Is Joy legitimated
Petitioner’s name was abbreviated to “Ma.” in all by the marriage of her parents?
her records, except her birth certificate. She now Yes. Under RA 9858, children born to parents below
wants her name corrected to Ma. Lourdes Cruz, marrying age may now be legitimated. R.A. No. 9858
instead of Maria Lourdes Cruz. Will she prevail? amended Article 177 of the Family Code to the effect
No. There is no clerical error in this case. Petitioner’s that if the child born to parents are disqualified to
name as recorded in her birth certificate is perfectly marry each other because they are below 18 years of
correct. There is no misspelling, no misplaced letter, age, the child may be legitimated by the subsequent
no omitted letter, no unnecessary letter, and no marriage of the parents. Article 177 of the Family
misplaced word. Petitioner’s remedy is to file for Code, as amended by R.A. 9858, now reads: “Children
change of first name and not for correction of clerical conceived and born outside of wedlock of parents who,
error. at the time of the conception of the former, were not
disqualified by any impediment to marry each other, testamentary act and was executed by him in
or were so disqualified only because either or both of accordance with law in the form of a holographic will.
them were below eighteen (18) years of age, may be Unless the will is probated, the disinheritance of Rey
legitimated.” cannot be given effect.

QUESTION NO. 235 b. Is there a valid disinheritance of Rey?

The attestation clause of a will reads: “x x x and he Yes. For disinheritance to be valid, Article 916 of the
(the testator) signed at the bottom of the aforesaid Civil Code requires that the same must be effected
will in our presence and we at his request did the through a will wherein the legal cause therefore shall
same in his presence and in that of each other as be specified. With regard to the reason for
witnesses to the will, and lastly, the testator, as well disinheritance that was stated by Juan in his document,
as we, as witnesses, signed in the same manner on the same can be considered a form of maltreatment of
the left margin of each sheet.” Abe by his son, Rey, and that the matter presents a
sufficient cause for the disinheritance of a child or
Is the attestation clause sufficient? descendant under Article 919 of the Civil Code.
The attestation clause is sufficient because the words c. Is there preterition of compulsory heirs?
“in the same manner” mean nothing but that the
testator and the witnesses signed on the left margin of No. Abe’s holographic will was his last expression to
each sheet of the will “in the same manner” in which bequeath his entire estate to all his compulsory heirs,
they signed at the bottom thereof, that is, the testator with the sole exception of Rey. Also, Abe did not
in the presence of the witnesses and the latter in the institute an heir to the exclusion of his other
presence of the testator and of each other (Fernandez compulsory heirs. The mere mention of the name of
v. Vergel de Dios 46 Phil. 922 [1936) Abe’s daughter did not operate to institute her as a
universal heir. Her name was included plainly as a
QUESTION NO. 236 witness to the alteration between Abe and his son, Rey.

Abe executes a document in his handwriting Since the document is Abe’s holographic will, and that
denominated as “Kasulatan sa Pag-aalis ng Mana.” the law favors testacy over intestacy, the probate of the
The document reads: will cannot be dispensed with. Thus, unless the will is
probated, the rights of a person to dispose of his
“Ako, si Abe, may asawa, naninirahan sa property may be rendered nugatory. (Seangio v. Reyes,
465-A Flores St., Ermita, Manila, at 508 SCRA 177 [2006])
nagtataglay ng maliwanag na pag iisip at
disposisyon, ay tahasan at hayagang QUESTION NO. 237
inaalisan ko ng lahat at anumang mana ang
panganay kong anak na si Rey dahil siya ay A will contains the following disposition: “I institute
naging lapastangan sa akin at ilang beses my brother, Juan, as my universal heir because he
s’yang nagsalita ng masama sa harapan ko had killed my political rival.” The testator himself
at kapatid niya na si Mimi na labis kong had nothing to do with the crime. Is the institution
ikinasama ng loob ko.” valid?

Rey opposes the will on grounds that it does not The institution is valid. The mere statement of a cause
contain any disposition of estate and therefore does contrary to law will not invalidate a will nor invalidate
not meet the definition of a will under Article 783 an institution, so long as it does not appear in the will
of the Civil Code. Rey claims that the will only that such illegal cause is the only motivating factor for
shows an alleged act of disinheritance by Abe of his the institution. The principle underlying the rule on the
son, Rey, and nothing else; that all other statement of a false cause under Article 850 of the
compulsory heirs were not named nor instituted Civil Code should also apply in the case of an illegal
either as heirs, as legatees or as devisees, hence; cause, if the true cause is the generosity of the testator,
there is preterition which would result in intestacy. and the disposition is essentially based on the affection
of the testator, the mere statement of an illegal cause
a. Is the document a valid holographic will? should not impair the institution. But if it clearly
Yes. A holographic will, as provided under Article 810 appears from the will itself that the testator’s only
of the Civil Code, must be entirely written, dated, and reason for making the disposition is the illegal cause,
signed by the hand of the testator. It is subject to no then the disposition should be void.
other form, and may be made in or out of the QUESTION NO. 238
Philippines, and need not be witnessed. An intent to
dispose mortis causa can be clearly deduced from the Abe donated to his nephew, Rey, a house and lot
terms of the instrument, and while it does not make an valued at Php1 million. Due to business reverses,
affirmative disposition of the testator’s property, the Abe died poor ten years later. Larry, Abe’s son,
disinheritance results in the disposition of the property immediately commenced an action to recover the
of the testator in favor of those who would succeed in donated property on grounds that his legitime has
the absence of Abe. been impaired. The property is now valued at Php5
million. Decide.
It is a fundamental principle that the intent or the will
of the testator, expressed in the form and within the The action, insofar as it seeks to reduce the donation,
limits prescribed by law, must be recognized as the will prosper because Larry’s legitime has been
supreme law in succession. Accordingly, the impaired. Larry’s legitime is half of Abe’s estate.
document, even if captioned as Kasulatan sa Pag- However, what is to be collated to the estate is the
aalis ng Mana, was intended by Abe to be his last value of the property at the time of the donation and
not the value at the time of the donor’s death. Yes. The solemnization by a judge of a marriage
Accordingly, Larry is not entitled to half of the present outside his court’s jurisdiction is merely a resultant
value of the property (Php5 million), but only to half irregularity in a formal requisite laid down in Article 3
of its value of Php500,000 which Rey may pay in cash. of the Family Code which, while it may not affect the
validity of the marriage, may subject the officiating
QUESTION NO. 239 official to administrative liability. (Navarro v.
Abe died in 1999. Before his death, he left a notarial Domagtoy, 259 SCRA 137 [1996])
will instituting his five sons, Ben, Charlie, Dante, QUESTION NO. 241
Enrico and Fidel as his sole heirs. Ben died in 1997
in a vehicular accident. He left two children, Greg Which voidable marriage is not susceptible of
and Homer. Charlie, who has been convicted of an ratification by cohabitation under the law?
attempt against the life of Abe, has a son Inigo.
Dante was disinherited for a cause not recognized Marriages which are voidable because of the physical
by law. He is the father of John, Karl, Lito and incapacity of a party to consummate the marriage and
Manuel. Enrico repudiated his inheritance because those by reason of affliction of a party with a serious
his father never accepted his wife. They have two and incurable sexually-transmissible disease are not
children, Nomer and Orly. The net value of Abe’s susceptible of ratification by cohabitation. (Art. 45,
hereditary estate is Php1 million. Distribute the Nos. 5 & 6, Family Code)
estate.
QUESTION NO. 242
Since Ben predeceased Abe, the testator, his legitimate
children Greg and Homer shall represent him in the Abe and Amy were married in 1978, or ten years
succession. The same is true in the case of Charlie, before the Family Code. After 15 years of
since he is incapacitated to inherit from his father marriage, Abe obtained a decree of legal separation
because of an act of unworthiness. His legitimate after catching his wife having illicit relations with
child, Inigo, shall represent him in the succession. their neighbor. In the decree, the court forfeited
Also, John, Karl, Lito and Manuel shall inherit by right Amy’s share in the net profits earned by the
of representation because their father, Dante, was conjugal partnership in favor of her children
disinherited. It is different in the case of Enrico. An pursuant to Article 63(2) in relation to Article 129
heir who repudiates his inheritance cannot be of the Family Code.
represented. (Art 977, Civil Code) The legitime of Amy quickly assailed the ruing claiming that the
Enrico shall be distributed in accordance with the rules net assets of the conjugal partnership shall be
on intestate succession, while his share as a voluntary computed in accordance with Article 102 of the
heir shall accrue to his co-heirs, Ben, Charlie, Dante Family Code, instead of Article 129. She claimed
and Fidel. But Ben is already dead, Charlie is that Article 102 applies because there are no other
incapacitated, and Dante was disinherited. The only provisions under the Family Code which defines
living and capacitated heir is Fidel. Thus: net profits subject of forfeiture as a result of legal
Fidel 100,000 as compulsory heir separation. She argued that her veste23d right over
100,000 as voluntary heir half of the common properties of the conjugal
100,000 by right of accretion from B partnership is violated when the forfeiture is to be
100,000 by right of accretion from C made pursuant to Article 129 in relation to Article
100,000 by right of accretion from D 63(2) of the Family Code.
100,000 by right of accretion from E a. What law governs the property relations of the
25,000 as legal heir spouses given that they were married before the
Greg 50,000 by right of representation effectivity of the Family Code? What law governs
12,500 as legal heir the dissolution of their common properties since
the decree of legal separation was issued after the
Homer 50,000 by right of representation Family Code is already in effect?
12,000 as legal heir
As to property relations, the spouses are governed by
Inigo 100,000 by right of representation the regime of conjugal partnership of gains. This is so
25,000 as legal heir because they were married when the operative law was
John 25,000 by right of representation the Civil Code. But as to the liquidation of their
6, 250 as legal heir conjugal partnership assets, the Family Code is the law
applicable because it is already the operative law at the
Karl 25,000 by right of representation time of the dissolution of their conjugal partnership.
6,250 as legal heir
The applicable law in so far as the liquidation of the
Lito 25,000 by right of representation conjugal partnership assets and liabilities of Abe and
6,250 as legal heir Amy is concerned is Article 129 of the Family Code
Manuel 25,000 by right of representation (provision on liquidation of the conjugal partnership)
6,250 as legal heir in relation to Article 63 (effects of a decree of legal
separation). The latter provision is applicable because
QUESTION NO. 240 according to Article 256 of the Family Code ”[t]his
Code shall have retroactive effect insofar as it does not
Judge Abe, a municipal trial court judge of prejudice or impair vested or acquired rights in
Naguilian, La Union, performed a marriage in accordance with the Civil Code or other law.”
Tuba, Benguet, upon written request of the parties.
Is the marriage valid?
Amy’s contention that her vested right over half of the partnership and the exclusive properties of each
common properties of the conjugal partnership is spouse; b) amounts advanced by the conjugal
violated when her share in the conjugal partnership is partnership in payments of personal debts and
forfeited in favor of her children pursuant to Article obligations of either spouse shall be credited to the
63(2) and 129 of the Family Code has no basis. conjugal partnership as an asset thereof; c) each
spouse shall be reimbursed for the use of his or her
While it is true that the couple were married at the time
exclusive funds in the acquisition of property or for the
when the operative law was the Civil Code, the Family
value of his or her exclusive property, the ownership
Code should be given retroactive application for
of which has been vested by law in the conjugal
purposes of determining the “net profits earned” by the
partnership; d) the debts and obligations of the
conjugal partnership which is subject to forfeiture. A
conjugal partnership shall be paid out of the conjugal
spouse’s claim of a vested right is not etched in stone.
assets. In case of insufficiency of said assets, the
To be vested, a right must have become a title – legal
spouses shall be solidarily liable for the unpaid
or equitable – to the present or future enjoyment of
balance with their separate properties, in accordance
property. In one case, the Supreme Court reiterated its
with the provisions of paragraph 2 of Article 121; e)
long standing ruling that “prior to the liquidation of the
whatever remains of the exclusive properties of the
conjugal partnership, the interest of each spouse in the
spouses shall thereafter be delivered to each of them;
conjugal assets is inchoate, a mere expectancy, which
f) unless the owner had been indemnified from
constitutes neither a legal nor an equitable estate, and
whatever source, the loss or deterioration of movables
does not ripen into title until it appears that there are
used for the benefit of the family, belonging to either
assets in the community as a result of the liquidation
spouse, even due to fortuitous event, shall be paid to
and settlement. The interest of each spouse is limited
said spouse from the conjugal funds, if any; and g)the
to the net remainder resulting from the liquidation of
net remainder of the conjugal partnership shall
the affairs of the partnership after its dissolution. Thus,
constitute the profits, which shall be divided equally
the right of the husband or wife to one-half of the
between husband and wife, unless a different
conjugal assets does not vest until the dissolution and
proportion or division was agreed upon in the marriage
liquidation of the conjugal partnership, or after the
settlements or unless there has been a voluntary waiver
dissolution of the marriage, when it is finally
or forfeiture of such share as provided in the Family
determined that, after settlement of conjugal
Code.
obligations, there are net assets left which can be
divided between the spouses or their respective heirs.” c. Suppose that Article 102 of the Family Code
(which is a provision under the regime of absolute
b. Is the computation of net profits earned in the
community of property) is to apply in the instant
conjugal partnership of gains the same with the
case, is Amy entitled to receive anything from the
computation of net profits earned in the absolute
absolute community?
community?
If Abe and Amy have no separate properties, the
The term net profits is defined in Article 102(4) of the
remaining properties of the couple are all part of the
Family Code. Under this provision, the term net profits
absolute community. And its market value at the time
“shall be the increase in value between the market
of the dissolution of the absolute community
value of the community property at the time of the
constitutes the “market value at dissolution.” When
celebration of the marriage and the market value at the
Abe and Amy were legally separated, all the properties
time of its dissolution.” Without any doubt, Article
which remained will be liable for the debts and
102(4) applies to both the dissolution of the absolute
obligations of the community. Such debts and
community regime under Article 102 of the Family
obligations will be subtracted from the “market value
Code, and the dissolution of the conjugal partnership
at dissolution.” What remains after the debts and
regime under Article 129 of the Family Code. The
obligations have been paid from the total assets of the
difference lies in the processes used under the
absolute community constitutes the net remainder or
dissolution of the absolute community regime under
net asset. And from such net asset or net remainder of
Article 102 of the Family Code, and in the processes
the couple’s remaining properties, the market value at
used under the dissolution of the conjugal partnership
the time of the marriage will be subtracted and the
regime under Article 129 of the Family Code.
resulting totality constitutes the “net profits.” Since
ABSOLUTE COMMUNITY REGIME: Applying Abe and Amy have no separate properties, and nothing
Article 102 of the Family Code, the “net profits” would be returned to each of them, what will be
requires a prior determination of the market value of divided equally between them is simply the net profits.
the properties at the time of the community’s However, the trial court forfeited the half-share of
dissolution. From the totality of the market value of all Amy in favor of her children. Thus, if Article 102 is
the properties, the debts and obligations of the absolute used in the instant case (which should not be the case),
community are to be deducted and this will result to nothing is left to Amy since both parties entered into
the net assets or net remainder of the properties of the their marriage without bringing with them any
absolute community, from which the value of the property.
properties at the time of marriage is to be deducted, d. Given that Article 129 of the Family Code
which then results to the net profits. applies to the liquidation of the conjugal assets of
CONJUGAL PARTNERSHIP REGIME: Applying Abe and Amy, is the latter entitled to receive any
Article 129 of the Family Code, the “net profits” property from the conjugal partnership?
requires a prior determination of the separate No. What remains in the conjugal properties of Abe
properties and debts of the spouses under the and Amy (after payment of all debts and obligations)
following procedure a) an inventory shall be prepared, should be divided equally between them. However,
listing separately all the properties of the conjugal
since Amy is the guilty party, her share from the “net the land shall remain in the possession of the donor
profits” of the conjugal partnership is forfeited in favor during her lifetime; c) the land shall not be sold or
of the common children pursuant to Article 63(2) of mortgaged during the lifetime of the donor; and d)
the Family Code. Nothing will be returned to Amy the donation shall take effect only upon the donor’s
because in the conjugal partnership regime, there is no death. Amy’s sons accepted the donation in the
separate property which may be accounted for in the same public instrument.
guilty party’s favor. (Quiao v. Quiao, G.R. No.
Two years later, or in 1979, Amy sold the land to
176556, July 4, 2012)
her eldest son, Art. The sale resulted in the
QUESTION NO. 243 issuance of a certificate of title in the name of Art.

Abe is the owner of a farm which he leased to a In 1985, Ben and Cal brought an action to annul
married couple. When the couple failed to pay rent, the sale and for reconveyance of the property. Art
Abe sued for payment of their rental arrears. The defended on the ground of prescription. He argued
wife promptly moved to dismiss the complaint on that more than four years have passed since the sale
grounds that her husband is already dead, and that and registration of the property and issuance of his
therefore Abe’s claim must be filed in the title. He insisted that an action for reconveyance of
proceedings for the settlement of her husband’s property on the ground of fraud must be filed
estate. May Abe sue the wife alone for collection of within four years from the discovery of the fraud
a debt which is owed by the conjugal partnership? which is from the date of registration of the sale in
1977; and that the same prescriptive period also
No. A creditor cannot sue the surviving spouse of a applies to an action predicated on a trust
deceased person in an ordinary proceeding for the relationship that is rooted on fraud or breach of
collection of a sum of money chargeable against the trust.
conjugal partnership. The proper remedy is for the
creditor to file a claim in the settlement of the estate of a. Was the donation to Art, Ben and Cal inter vivos
the deceased spouse. This is so because upon the death or mortis causa?
of one spouse, the powers of administration of the The donation was inter vivos. The express
surviving spouse ceases and are passed to the irrevocability of the donation is the distinctive
administrator appointed by the court having standard that identifies the donation as inter vivos. The
jurisdiction over the settlement of estate proceedings. other provisions which seemingly make the donation
For marriages governed by the rules on conjugal mortis causa do not go against the irrevocable
partnership of gains, an obligation entered into by the character of the subject donation. The provisions
spouses is chargeable against their conjugal which state that the donation will only take effect upon
partnership and it is the partnership which is primarily the death of the donor and the prohibition to alienate,
bound for its repayment. Thus, when the spouses are encumber, dispose or sell the property donated are
sued for the enforcement of an obligation entered into provisions which should be harmonized with its
by them, they are joined in their capacity as irrevocability. Suffice it to say that these provisions
representatives of the conjugal partnership and not as are only necessary assurances that during the donor’s
independent debtors such that the concept of joint or lifetime, the latter would still enjoy the right of
solidary liability, as between them, does not apply. possession over the property; but his naked title has
(Alipio v. Court of Appeals, 341 SCRA 441 [2000]) been passed on to the donees; and that upon the
donor’s death, the donees would get all the right to use
QUESTION NO. 244 and possess the same.
Can there be an easement over another easement? Another indication that the donation is inter vivos is
An easement over a usufruct? A usufruct over an the acceptance of the donation by the donees. An
easement? acceptance is a mark that the donation is inter vivos.
As to the first question: Yes, there can be an easement On the other hand, donations mortis causa, being in
over another easement. Article 629 of the Civil Code the form of a will, are not required to be accepted by
provides that the owner of the servient estate must the donees during the donor’s lifetime.
abstain from anything that will render the use of the b. Has the action prescribed?
easement more inconvenient to the owner of the
dominant estate. This is a negative easement which The action has not yet prescribed. When one’s
requires the owner of the servient estate not to impair property is registered in another person’s name
in any manner whatsoever the use of the easement without the former’s consent, an implied trust is
(such as a right of way). created by law in favor of the true owner. Article 1144
of the Civil Code provides for a ten-year prescriptive
As to the second question: No, there cannot be an period from the time the right of action accrues in case
easement over a usufruct, but there can be an easement of a) a written contract; b) an obligation created by
over a property held in usufruct. law; and c) a judgment. Thus, an action for
As to the third question: No, there cannot be a usufruct reconveyance prescribes in ten years from the issuance
over an easement, but a usufruct may be established in of the title. It is only when fraud has been committed
a property burdened by an easement. that the action will be barred after four years.
However, the four-year prescriptive period is not
QUESTION NO. 245 applicable to the instant case because there is no fraud.
In 1977, Amy donated to her sons (Art, Ben, and The records do not show that Amy, the donor, and Art,
Cal) a parcel of land under the following the donee, ever intended to defraud Ben and Cal with
conditions: a) the donation shall be irrevocable; b) respect to the sale and ownership of the subject
property. On the other hand, the sale was grounded must be executed in accordance with the requisites on
upon their honest but erroneous interpretation of the solemnities of wills and testaments under the Civil
deed of donation that it is mortis causa, not inter vivos, Code. (Maglasang v. Heirs of Cabatingan, G. R. No.
and that the donor still had the right to sell or dispose 131953, June 5, 2002)
of the donated property and to revoke the donation.
There being no fraud, the trust relationship between QUESTION NO. 247
the donor and the donees, including the buyer Art, the The National Irrigation Administration (NIA) filed
action for recoveyance prescribes in ten years. with the RTC a complaint for expropriation of a
Considering that the certificate of title in the name of parcel of land for an irrigation project. The
Art covering the subject property was issued only in committee formed by the RTC pegged the fair
1977, the filing of the action in 1985 was well within market value of the land at Php65.00 per square
the ten-year prescriptive period. meter. It also added to its computation the value of
c. Is the sale by Amy to Art a valid act of revocation soil excavated from the lot. The RTC adopted the
of the donation? committee’s findings despite NIA’s objections to
the inclusion of the value of the excavated soil in the
The sale to Art cannot be considered as a valid act of
computation of the value of the land. Is the value of
revocation of the donation because a formal complaint
the excavated soil to be included in the computation
to revoke the donation must be filed pursuant to
of just compensation?
Article 764 of the Civil Code which speaks of an
action that has a prescriptive period of four years from No. There is no legal basis to separate the value of the
the non-compliance with the condition stated in the excavated soil from that of the expropriated properties,
deed of donation. The rule that there can be automatic contrary to what the trial court did. In the context of
revocation without benefit of a court action does not expropriation proceedings, the soil has no value
apply to the case at bar because the subject deed of separate from that of the expropriated land.
donation is devoid of any provision providing for
automatic revocation in the event of non-compliance Just compensation ordinarily refers to the value of the
of the condition violated. (Austria-Magat v. Court of land to compensate for what the owner actually loses.
Appeals 375 [2002]) Such value could only be that which prevailed at the
time of the taking.
QUESTION NO. 246
This conclusion is drawn from Article 437 of the Civil
Abe executes in favor of Amy a document
Code which provides: “The owner of a parcel of land
denominated as “Deed of Donation Inter Vivos”
is the owner of its surface and of everything under it,
involving a parcel of land. The deed of donation
and he can construct thereon any works or make any
contains a provision that it becomes effective only
plantations and excavations which he may deem
upon the death of the donor, and that in the event
proper, without detriment to servitudes and subject to
the donee should die before the donor, the donation
special laws and ordinances. He cannot complain of
shall be deemed automatically rescinded and of no
the reasonable requirements of aerial navigation.”
further force and effect.
Shortly after Abe’s death, his heirs promptly filed That NIA will make use of the excavated soil is of no
an action seeking to annul the donation. They concern to the landowner who has been paid the fair
contend that the donation is mortis causa and not market value of his land. The law does not limit the
inter vivos and therefore void for failure to comply use of the expropriated land to the surface area only.
with the formalities of wills. Is the donation inter To sanction the payment of the excavated soil is to
vivos or mortis causa? allow the landowners to recover more than the value
of the land at the time when it was taken, which is the
The donation is mortis causa. In a donation mortis true measure of the damages, or just compensation.
causa, the right of disposition is not transferred to the (Republic v. Rural Bank of Kabacan, Inc., et al., G.R.
donee while the donor is still alive. In determining No. 185124, 15 January 2012)
whether a donation is one of mortis causa, the
following characteristics must be taken into account: QUESTION NO. 248
a) it conveys no title or ownership to the transferee
before the death of the transferor, or what amounts to Abe owns a travel agency. In February 2004, under
the same thing; b) the transferor should retain the full a deed of assignment, Abe transferred all his
or naked ownership and control of the property while business rights over the travel agency to Rey for
alive; c) before his death, the transfer should be Php150,000. Abe and Rey agreed that Abe will pay
revocable by the transferor at will; and d) the the bills for electricity, telephone, office rentals,
transferor should be void if the transferor should and salaries of employees up to December 2004.
survive the transferee.
Without Abe’s consent, Rey paid all the utility bills
In the present case, the nature of the donation as mortis amounting to Php107,000 after which he tendered
causa is confirmed by the fact that the donation does to Abe the amount of Php43,000. Abe refused to
not contain any clear provision that intends to pass accept the payment on the basis that the amount
proprietary rights to Amy prior to Abe’s death. The due is Php150,000.00 and not just Php43,000. He
phrase “to become effective upon the death of the asserted that for the tender of payment to be valid,
donor” admits of no other interpretation but that Abe Rey must tender the full amount of Php150,000
did not transfer the ownership of the property to Amy rather than just Php43,000.
during his lifetime. Considering that the disputed
donation is a donation mortis causa, the same partakes
of the nature of testamentary provisions and as such,
a. Is Rey entitled to claim legal compensation for When her child needed a birth certificate for
his payment of the utility bills? school admission, Bea finally decided to register
the birth of her child. The Local Civil Registrar
Yes. There is legal compensation when (1) each one approved the late registration after proof that the
of the debtors is bound principally, and that the debtor National Statistics Office has no record of the
is at the same time a principal creditor of the other; (2) child’s birth on file.
both debts consist of a sum of money, or if the things
due be consumable, they be of the same kind and also But upon submission of the copies of the late
of the same quality if the latter has been stated; (3) registration of the birth of the child to the NSO,
both debts are due; (4) both debts are liquidated and Bea was informed that there was a birth certificate
demandable; and (5) there be no retention or with the same name of mother and the year
controversy over both debts commenced by third of birth of the child in their office. This
persons and communicated in due time to the debtor. birth certificate states the name “Noelle Robles
When all these elements are present, compensation Silvela.” Abe was the listed informant in this
takes effect by operation of law and extinguishes both birth certificate.
debts to the corresponding amount, even though both
parties are without knowledge of the compensation. Is the birth certificate of an illegitimate child
registered by the father, which was not duly signed
All the elements of legal compensation are present in by the mother, valid?
this case.
No. It is mandatory that the mother of an illegitimate
First, in the assignment of business rights, Rey stood child signs the birth certificate of her child in all cases,
as Abe’s debtor for the consideration amounting to irrespective of whether the father recognizes the child
Php150,000. Rey, on the other hand, became Abe’s as his or not. The only legally known parent of an
creditor for the amount of Php107,000 through Rey’s illegitimate child, by the fact of illegitimacy, is the
subrogation to the rights of Abe’s creditors against the mother of the child who conclusively carries
latter. the blood of the mother. Thus, this provision ensures
that individuals are not falsely named as parents. The
Second, both debts consist of a sum of money, which mother must sign and agree to the information entered
are both due, liquidated, and demandable. in the birth certificate because she has the parental
authority and custody of the illegitimate child.
Finally, neither party alleged that there was any claim
raised by third persons against the obligation. In effect, Because it appears on the face of the birth certificate
even without the knowledge and consent of Abe or that the mother did not sign the document, the local
Rey, their obligation as to the amount of ₱107,000 had civil registrar had no authority to register the
already been extinguished. As a result, Rey owes Abe subject birth certificate at the instance of the father and
the remaining due amount of ₱43,000. without the mother’s signature. (Barcelote v. Republic,
G.R No. 222095, August 7, 2017)
b. Is Rey’s tender of payment of Php43,000 valid?

Yes. To be valid, tender of payment must be absolute


QUESTION NO. 249
and must cover the amount due. Here, the remaining What are some of the prescriptive periods under
amount due in Rey's obligation is P43,000. Because of our laws?
the creditor's refusal, without any just cause, to the The following are some of the prescriptive periods
valid tender of payment, the debtor is released from his under our laws:
obligation by the consignation of the thing or sum due.
40 days
(Figuera v. Ang, G.R. No. 204264, June 29, 2016)
Redhibitory action based on defects of animals. (Art.
(Note: The consent or approval of the debtor is 1577, CC)
required only if a third person who is not interested in 6 months
the fulfilment of the obligation pays such. On the other
Action for reduction of price or breach of sale of real
hand, no such requirement exists in cases of payment
estate. (Arts. 1543 and 1539, CC)
by a person interested in the fulfilment of the
obligation) Action for reduction of price against hidden defects of
thing sold. (Art. 1571, CC)
QUESTION NO. 249 1 year
In 2008, Bea Robles bore a child out of wedlock Action to impugn child’s legitimacy, if husband
with a married man named Abe Silvela. She was resides in the same place. (Art. 170, FC)
not able to register the birth of their child -- whom
she named Grace Robles -- because she did not Action for revocation of donation for acts of
give birth in a hospital. ingratitude. (Art. 769, CC)
Action for forcible entry or unlawful detainer. (Art.
To hide her relationship with Abe, Bea stayed in 1147, CC)
her home province while Abe lived with his
legitimate family in another province. After a few Action for defamation. (Art. 1147, CC)
years, she lost contact with Abe. Action for rescission or for damages if immovable
sold is encumbered with non-apparent burden. (Art.
1560, CC)
Action for warranty of solvency in assignment of Action upon an obligation created by law (Art. 1144,
credits. (Art. 1629, CC) CC)
Action for loss or damage to goods under COGSA Action upon a judgment to enforce warranty against
2 years eviction in partition (Art. 1094, CC)

Action to impugn child’s legitimacy, if husband is in 30 years


the Philippines but not residing in the same place (Art. Action for recovery of ownership of immovables
170, par. 2. FC) (reivindicatoria), if in bad faith (Art. 1141, CC)
3 years Lifetime
Action to impugn child’s legitimacy, if husband is Action for annulment of marriage based on insanity
abroad or outside the Philippines (Art.170, FC) (Art. 47, par. 2, FC)
4 years Action for declaration of nullity of marriage (Art. 39,
Action for revocation or reduction of donation based FC)
on supervening birth, reappearance of a child or Action to claim legitimacy (lifetime of child) (Art.
adoption. (Art. 763, CC) 173, FC)
Action for revocation of donation due to non- Action to claim illegitimacy (lifetime of child; If by
fulfilment of condition. (Art. 764, CC) other means, only during lifetime of parent) (Art. 175,
Action for recovery of movable (replevin) if possessor par. 2, FC)
is in good faith (Art. 1132, CC) Action for legal support
Action for reduction of donation due to failure of
Action upon an injury to plaintiff’s rights (Art. 1146,
CC)
donor to reserve property for his support and support
of others (during lifetime of donor or relatives) (Art.
Action upon a quasi-delict (Art. 1146, CC) 750, CC)
Action for rescission of rescissible contracts (Art. No prescription
1389, CC)
Action to declare a contract as inexistent or void.
Action to annul voidable contracts on the ground of
vitiated consent (Art. 1391, CC) Action to recover movable possessed thru a crime (no
prescription in favor of offender)
Action for rescission of partition of decedent’s estate
on account of lesion (Art. 1100, CC) Action to demand a right of way under Article 649,
Civil Code
5 years
Action to demand partition in co-ownership or to
Action for legal separation (Art. 57, FC) enforce an express trust
Action for annulment of marriage, except on the Action to probate a will
ground of insanity (Art. 47, FC)
Action to enforce a moral right (P.D. No. 49)
Action to claim legitimacy or illegitimacy if child dies
during minority or in a state of insanity (Art. 173, FC) Action to recover possession of registered land under
the Land Registration Act by registered owner or
Action to impugn legitimacy (Art. 182, FC) hereditary successors.
Action for declaration of incapacity of an heir (Art.
1040, CC)
Action for warranty of solvency of debtor if credit is
assigned to a co-heir during partition (Art. 1095, CC)
GOOD LUCK!
All other actions whose periods are not fixed by law
(Art. 1149, Civil Code)
6 years
Action upon an oral contract (Art. 1145, CC )
Action upon a quasi-contract (Art. 1146, CC )
8 years
Action for recovery of movable (replevin) if possessor
is in bad faith (Art. 1132, par 2. and Art. 1140, CC)
10 years
Action for recovery of possession of immovables
(accion publiciana) if real right is lost (Arts. 555 and
1134, CC)
Action for recovery of ownership of immovables
(reivindicatoria) if in good faith (Art. 1134, CC)
Action upon a mortgage contract (Art. 1142, CC)
Action upon a written contract (Art. 1144, CC)

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