Beruflich Dokumente
Kultur Dokumente
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?
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.
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. 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.
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.
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?
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.”
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)
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])
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).
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?