Civil Law

Past Bar Questions and Answers | 2005 - 2022

for the 2023 Bar
 Civil Law Past Bar Questions and Answers | 2005 - 2022 | for the 2023 Bar

Table of Contents Decree.

Persons and Family Relations
Persons 2 P.D. No. 755 was published in the O cial Gazette but the text
Persons of the Agreement described in Section 1 was not published.
Marriage 9
Can the Agreement in question be accorded the status of
When Law Takes E ect Doctrine
Classification of Property 38 a law? Explain. (5%)
Waiver of Rights
Bundle of Rights 39 No, the Agreement cannot be accorded the status of a law, A
Con ict of Laws law must be published to become e ective. Article 2 of the
Di erent Modes of Acquiring Ownership 56
Civil Code provides that laws shall take e ect after fteen (15)
Capacity to Act
Land Titles and Deeds 61 days following the completion of their publication in the
Surnames O cial Gazetté, unless it is otherwise provided. The
Wills and Succession 70 publication must be of the full text of the law since the
Rules Governing Persons Who are Absent purpose of publication is to inform the public of the contents
Obligations 83
of the law (Tañada v. Tuvera, G.R. No.63915, April 24, 1985,
Contracts 88 When Law Takes E ect Doctrine 136 SCRA 27). In Nagkakaisang Maralita v. Military Shrine
Services (G.R. Nos. 187587 & 187654, June 5, 2013, 675
Natural Obligations 94 (2016) I. Section 1 of P.D. No. 755 states: SCRA 359); the Supreme Court held that the addendum to
the Proclamation issued by President Marcos has no force and
Sales 95 "Section 1. Declaration of National Policy. - It is hereby
e ect considering that the same was not published in the
declared that the policy of the State is to provide readily
Lease 104 O cial Gazette. Moreover, the Supreme Court in Cojuangco,
available credit facilities to the coconut farmers at preferential
Jr. v. Republic (G.R. No. 180705, November 27, 2012, 686
Agency 107 rates; that this policy can be expeditiously and e ciently
SCRA 472), which is on all fours with this case, ruled that
realized by the implementation of the 'Agreement for the
Credit Transactions 108 while the Agreement was incorporated by reference, it was not
Acquisition of a Commercial Bank for the Bene t of the
reproduced or attached as an annex to the law and therefore
Coconut Farmers' executed by the Philippine Coconut
Quasi-Contracts 118 cannot be accorded to the status of a law. Publication of the
Authority, the terms of which 'Agreement' are hereby
full text of the law is indispensable for its e ectivity.
Torts and Damages 119 incorporated by reference; x x x"
A copy of the Agreement was not attached to the Presidential

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Waiver of Rights The second paragraph of the waiver prohibiting the parent to Philippines with respect to the properties of
le any claim against the school, administrator or teacher in Alden and Stela found here? If so, how? (3%)
(2014) XX. Mabuhay Elementary School organized a eld case something happens to the child during the trip is against c) Is the situation presented in Item I an example of
trip for its Grade VI students in Fort Santiago, Manila Zoo, public policy because it removes liability from said school, dépeçage? (2%)
and Star City. To be able to join, the parents of the students administrator, or teacher, and thus, removing the
had to sign a piece of paper that reads as follows: responsibility imposed on them by Article 218 of the Family a) Yes, the joint will of Alden and Stela is considered valid.
Code. Being no longer Filipino citizens at the time they executed
"I allow my child (name of student), Grade – Section, to join
the school’s eld trip on February 14, 2014. their joint will, the prohibition under our Civil Code on joint
wills will no longer apply to Alden and Stela. For as long as
I will not le any claim against the school, administrator or Conflict of Laws
their will was executed in accordance with the law of the place
teacher in case something happens to my child during the
where they reside, or the law of the country of which they are
trip." (2015) I. Alden and Stela were both former Filipino citizens.
citizens or even in accordance with the Civil Code, a will
They were married in the Philippines but they later migrated
Joey, a 7-year-old student of Mabuhay Elementary School was executed by an alien is considered valid in the Philippines.
to the United States where they were naturalized as American
bitten by a snake while the group was touring Manila Zoo. (Article 816)
citizens. In their union they were able to accumulate several
The parents of Joey sued the school for damages. The school,
real properties both in the US and in the Philippines. b) Yes, the joint will of Alden and Stela can take e ect even
as a defense, presented the waiver signed by Joey’s parents.
Unfortunately, they were not blessed with children. In the US, with respect to the properties located in the Philippines
Was there a valid waiver of right to sue the school? they executed a joint will instituting as their common heirs to because what governs the distribution of their estate is no
Why? (4%) divide their combined estate in equal shares, the ve siblings of longer Philippine law but their national law at the time of
Alden and the seven siblings of Stela. Alden passed away in their demise. Hence, the joint will produces legal e ect even
No, there was no valid waiver of the right to sue the school. 2013 and a year later, Stela also died. The siblings of Alden with respect to the properties situated in the Philippines.
Article 6 of the Civil Code provides that “(r)ights may be who were all citizens of the US instituted probate proceedings c) No, because dépeçage is a process of applying rules of
waived, unless the waiver is contrary to law, public order, in a US court impleading the siblings of Stela who were all in di erent states on the basis of the precise issue involved. It is a
public policy, morals, or good customs, or prejudicial to a the Philippines. con ict of laws where di erent issues within a case may be
person with a right recognized by law.” As a general rule,
a) Was the joint will executed by Alden and Stela governed by the laws of di erent states. In the situation in
patrimonial rights may be waived as opposed to rights to
who were both former Filipinos valid? Explain letter (a), no con ict of laws will arise because Alden and Stela
personality and family rights which may not be made the
with legal basis. (3%) are no longer Filipino citizens at the time of the execution of
subject of waiver (Valenzuela Hardwood & Industrial Supply,
their joint will and the place of execution is not the
Inc. v. Court of Appeals, G.R. No. 102316, June 30, 1997). b) Can the joint will produce legal effect in the
Philippines.

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sole bene ciary. When she was already due to give birth, she child and therefore the fetus acquires presumptive or
Capacity to Act and her boyfriend Pietro, the father of her unborn child, were provisional personality. However, said presumptive
kidnapped in a resort in Bataan where they were vacationing. personality only becomes conclusive if the child is born alive.
The military gave chase and after one week, they were found in The child need not survive for twenty-four (24) hours as
(2021) 2. A corporation which owns a hospital was sued
an abandoned hut in Cavite. Marian and Pietro were hacked required under Art. 41 of the Code because "Marian was
along with a physician for medical malpractice. The
with bolos. Marian and the baby delivered were both found already due to give birth," indicating that the child was more
corporation moved to dismiss the case, arguing that it was only
dead, with the baby's umbilical cord already cut. Pietro than seven months old.
the physician, as the natural person, who could be the subject
survived.
of any kind of suit. In other words, the corporation argued (B) Marian is presumed to have died ahead of the baby. Art. 43
that it was not a legal person. a. Can Marian's baby be the beneficiary of the applies to persons who are called to succeed each other. The
insurance taken on the life of the mother? (2%) proof of death must be established by positive or
Is the position of the corporation owning the hospital
b. Between Marian and the baby, who is presumed circumstantial evidence derived from facts. It can never be
legally tenable? Explain briefly.
to have died ahead? (1%) established from mere inference. In the present case, it is very
clear that only Marian and Pietro were hacked with bolos.
No, the corporation is incorrect as it is a legal person. c. Will Pietro, as surviving biological father of the There was no showing that the baby was also hacked to death.
Under our civil laws, there are two kinds of persons—natural baby, be entitled to claim the proceeds of the life The baby's death could have been due to lack of nutrition.
and juridical. Article 44 of the New Civil Code considers a insurance on the life of Marian? (2%)
(C) Pietro, as the biological father of the baby, shall be entitled
corporation as a juridical person. Article 45 of the same code
to claim the proceeds of life insurance of the Marian because
provides that private corporations are regulated by laws of (A) Yes, the baby can be the bene ciary of the life insurance of
he is a compulsory heir of his child.
general application on the subject. The Revised Corporation Marian. Art. 40 NCC provides that "birth determines
Code, which is the law of general application, provides that a personality; but the conceived child shall be considered born
corporation has the power and capacity to sue and be sued in for all purposes that are favorable to it, provided that it be
Birth and Death of Natural Persons
its corporate name. born later with the conditions speci ed in Art. 41. Article 41
states that "for civil purposes, the fetus shall be considered
Thus, the position of the hospital is legally untenable. (2022) I.14. During Remy’s pregnancy, her father Gavin
born if it is alive at the time it is completely delivered from the
executed a will bequeathing his rest house in Calatagan,
mother's womb. However, if the fetus had an intrauterine life
Restrictions on Capacity to Act of less than seven months, it is not deemed born if it dies
Batangas to Remy’s unborn child. While Gavin and Remy,
who was then seven months pregnant, were on their way to
within twenty-four (24) hours after its complete delivery from
(2008) II. At age 18, Marian found out that she was pregnant. Calatagan, they gured in a car accident on December 1, 2021
the maternal womb. The act of naming the unborn child as
She insured her own life and named her unborn child as her which resulted in the instantaneous death of Gavin and the
sole bene ciary in the insurance is favorable to the conceived

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premature delivery of Remy on the same day. At 8:30 a.m. on she was not at fault and the bus driver was the
December 3, 2021, the newborn baby died. one negligent. Presumption of Survivorship
Is the devise in favor of the baby valid? Explain briefly. (C) No, because a fetus is not a natural person.
(2019) A.2. H and W were married in 1990. H, being a
(D) No, if the fetus did not comply with the requirements
Yes, the devise in favor of the baby is valid. member of the Armed Forces of the Philippines (AFP), was
under Article 41 of the Civil Code.
deployed to a rebel-infested area in 1992. Since then, W has
Art. 41 of the New Civil Code provides that the fetus is
not heard from her husband, H.
considered born if it is alive at the time it is completely (2012) I.b. Ricky donated P1 Million to the unborn child of
delivered from the mother's womb. However, if it had an his pregnant girlfriend, which she accepted. After six (6) One day, the AFP informed W that H had been declared
intrauterine life of less than seven months, it is only deemed months of pregnancy, the fetus was born and baptized as missing since 1995. In consequence, W diligently pursued all
born if it lives at least 24 hours from complete delivery from Angela. However, Angela died 20 hours after birth. Ricky available means to ascertain her husband's whereabouts, but to
the maternal womb. sought to recover the P1 Million. no avail.

Here, the baby was born when Remy was already seven Is Ricky entitled to recover? Explain. (5%) Firmly believing that H had already died, W led a claim
months pregnant. In any case, even if it only has an before the AFP in 2008 for the death bene ts of the missing
intrauterine life of less than seven months, it is still considered Yes, Ricky is entitled to recover the P1,000,000.00. The NCC serviceman. However, the AFP, despite being cognizant of H's
born as it survived for more than 24 hours from its complete considers a fetus a person for purposes favorable to it provided status, would not act on the claim, contending that H could
delivery from the maternal womb. it is born later in accordance with the provision of the NCC. not be presumed dead unless a judicial declaration to this
While the donation is favorable to the fetus, the donation did e ect is issued by the proper court.
Thus, the devise in favor of the baby is valid.
not take e ect because the fetus was not born in accordance In what instance/s is a judicial declaration of
(2014) XIV. A pedestrian, who was four (4) months with the NCC. To be considered born, the fetus that had an presumptive death necessary? In this case, is the
intrauterine life of less than seven (7) months should live for contention of the AFP correct? Explain. (3%)
pregnant, was hit by a bus driver while crossing the street.
24 hours from its complete delivery from the mother’s womb.
Although the pedestrian survived, the fetus inside her womb
was aborted. Can the pedestrian recover damages on account Since Angela had an intrauterine life of less than seven (7) Judicial declaration of presumptive death is necessary only for
of the death of the fetus? (1%) months but did not live for 24 hours, she was not considered the purpose of contracting a subsequent marriage. Article 41
born and, therefore, did not become a person. Not being a of the Family Code provides that for the purpose of
(A) Yes, because of Article 2206 of the Civil Code which person, she has no juridical capacity to be a donee, hence, the contracting a subsequent marriage contracted by a person who
allows the surviving heirs to demand damages for donation to her did not take e ect. The donation not being had a well-founded belief that his/her prior spouse who had
mental anguish by reason of the death of the deceased. e ective, the amount donated may be recovered. To retain it been absent for four consecutive years was already dead, the
(B) Yes, for as long as the pedestrian can prove that will be unjust enrichment. spouse present must institute a summary proceeding for the

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declaration of presumptive death of the absentee. husband’s share in the estate left by Dr. Lopez, and her became vested upon the death of Dr. Lopez. When Roberto
husband’s share in the proceeds of Dr. Lopez’s life insurance died after Dr. Lopez, his right to receive the insurance became
The contention of the AFP is incorrect.
policy. part of his hereditary estate, which in turn was inherited in
The Court has declared that the AFP can decide claims of equal shares by his legal heirs, namely, his spouse and children.
death bene ts of a missing soldier without requiring the Rule on the validity of Marilyn’s claims with reasons.
Therefore, Roberto's children and his spouse are entitled to
claimant to rst produce a court declaration of the (4%)
Roberto's one-third share in the insurance proceeds.
presumptive death of such soldier and the claimant need only
present any “evidence” which shows that the concerned soldier As to the Estate of Dr. Lopez:
had been missing for such number of years and/or under the Marilyn is not entitled to a share in the estate of Dr. Lopez. Surnames
circumstances prescribed under Articles 390 and 391 of the For purpose of succession, Dr. Lopez and his son Roberto are
Civil Code. Article 391 of the Civil Code provides that a presumed to have died at the same time, there being no (2019) A.3. Mr. Reyes is legally married to Mrs. Reyes.
person in the armed forces who has taken part in war and has evidence to prove otherwise, and there shall be no During the subsistence of their marriage, Mr. Reyes cohabited
been missing for four years shall be presumed dead for all transmission of rights from one to the other (Article 43, with another woman, Ms. Cruz. Out of Mr. Reyes and Ms.
purposes. Here, W informed the AFP that her husband had NCC). Hence, Roberto, inherited nothing from his father Cruz's illicit relationship, a child named C was born. In C's
been declared missing since 1995, 23 years before the ling of that Marilyn would in turn inherit from Roberto .The birth certi cate, "Cruz" appears as the child's surname,
her claim in 2018. There is, thus, no need for a judicial children of Roberto, however, will succeed their grandfather, although Mr. Reyes expressly acknowledged C as his child.
declaration of presumptive death before the AFP can act on Dr. Lopez ,in representation of their father Roberto and
the claim of W (Tadeo-Matias v. Republic, G.R. No. 230751, together Roberto will receive 1/3 of the estate of Dr. Lopez In 2018, Mr. Reyes and Ms. Cruz ended their relationship.
April 25, 2018). Mr. Reyes thereafter lodged a petition in court for parental
since their father Roberto was one of the three children of Dr.
Lopez . Marilyn cannot represent her husband Roberto custody and change or correction of C's surname in the child's
because the right is not given by the law to a surviving spouse. birth certi cate from "Cruz" to "Reyes." At that time, C was
(2009) II. Dr. Lopez, a 70-year old widower, and his son
only ten (10) years old.
Roberto both died in a re that gutted their home while they As to the proceeds of the insurance on the life of Dr.
were sleeping in their air-conditioned rooms. Roberto’s wife, Lopez: (a) Should Mr. Reyes be granted custody of C?
Marilyn, and their two children were spared because they were Explain. (2.5%)
Since succession is not involved as regards the insurance
in the province at the time. Dr. Lopez left an estate worth (b) Can Mr. Reyes validly compel the change or
contract, the provisions of the Rules of Court (Rule 131, Sec.
P20M and a life insurance policy in the amount of P1M with correction of C's surname from "Cruz" to
3 , [jj] [5] ) on survivorship shall apply. Under the Rules, Dr.
his three children --- one of whom is Roberto --- as "Reyes"? Explain. (2.5%)
Lopez, who was 70 years old, is presumed to have died ahead
bene ciaries.
of Roberto who is presumably between the ages 15 and 60.
Marilyn is now claiming for herself and her children her Having survived the insured, Roberto's right as a bene ciary (a) No, Mr. Reyes should not be granted custody because C is

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an illegitimate child, who shall be under the parental authority Antonio, G.R. No. 206248, February 18, 2014). against it. Moreover, it will also be for the bene t of the
of his mother (Article 176, Family Code). If they are still minors, however, the decision to use the
adopted child who shall preserve his lineage on his mother’s
side and reinforce his right to inherit from his mother and her
The Family Code provides that children conceived and born father’s surname may be exercised for them by their mother
outside a valid marriage are illegitimate (Article 165). In this pursuant to the latter’s parental authority over illegitimate family. Lastly, it will make the adopted child conform with the
case, C was conceived and born out of the illicit relationship of children. In this case, the father cannot compel the mother to time-honored Filipino tradition of carrying the mother’s
Mr. Reyes and Ms. Cruz who are not married; thus, C is an register the child under his surname. surname as the person’s middle name.
illegitimate child of Mr. Reyes. The Court has held that the
recognition of an illegitimate child by the father could be a (2012) IV.b. Honorato led a petition to adopt his minor (2009) XIV. Rodolfo, married to Sharon, had an illicit a air
ground for ordering the latter to give support to, but not illegitimate child Stephanie, alleging that Stephanie’s mother is with his secretary, Nanette, a 19-year old girl, and begot a baby
custody of the child. The Court has further declared that since Gemma Astorga Garcia; that Stephanie has been using her girl, Rona. Nanette sued Rodolfo for damages: actual, for
the law explicitly confers to the mother sole parental authority mother’s middle name and surname; and that he is now a hospital and other medical expenses in delivering the child by
over an illegitimate child, it follows that only if she defaults widower and quali ed to be her adopting parent. He prayed cesarean section; moral, claiming that Rodolfo promised to
can the father assume custody and authority over the minor that Stephanie’s middle name be changed from "Astorga" to marry her, representing that he was single when, in fact, he was
and that only the most compelling of reasons, such as the not; and exemplary, to teach a lesson to like-minded Lotharios.
"Garcia," which is her mother’s surname and that her surname
mother’s un tness to exercise sole parental authority, shall "Garcia" be changed to "Catindig," which is his surname. This a. If you were the judge, would you award all the
justify her deprivation of parental authority and the award of the trial court denied. claims of Nanette? Explain. (3%)
custody to someone else (Briones y Miguel, G.R. No. 156343,
Was the trial court correct in denying Hororato’s b. Suppose Rodolfo later on acknowledges Rona
October 18, 2004). There is no showing that Ms. Cruz, C’s
request for Stephanie’s use of her mother’s surname as and gives her regular support, can he compel her
mother was un t to exercise sole parental authority over C;
her middle name? Explain. (5%) to use his surname? Why or why not? (2%)
therefore, she cannot be deprived of C’s custody.
c. When Rona reaches seven (7) years old, she tells
(b) No, Mr. Reyes cannot compel the change of surname No, the trial court was not correct. There is no law prohibiting Rodolfo that she prefers to live with him, because
from “Cruz” to “Reyes”. The Court has held that Article 176 an illegitimate child adopted by his natural father to use as he is better off financially than Nanette. If
of the Family Code gives illegitimate children the right to middle name his mother’s surname. The law is silent as to Rodolfo files an action for the custody of Rona,
decide if they want to use the surname of their father or not. what middle name an adoptee may use. In case of In re: alleging that he is Rona’s choice as custodial
The Court further declared that it is not the father or the Adoption of Stephanie Nathy Astorga Garcia, G.R. No. parent, will the court grant Rodolfo’s petition?
mother who is granted by law the right to dictate the surname 148311, March 31, 2005, the Supreme Court ruled that the Why or why not? (2%)
of their illegitimate children; hence, Mr. Reyes cannot validly adopted child may use the surname of the natural mother as
compel the change or correction of C’s surname (Grande v. his middle name because there is no prohibition in the law
(A) If Rodolfo's marriage could not have been possibly known

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to Nanette or there is no gross negligence on the part of (2015) V. Mrs. L was married to a ship captain who worked
Nanette, Rodolfo could be held liable for moral damages. Rules Governing Persons Who are Absent for an international maritime vessel. For her and her family's
support, she would claim monthly allotments from her
If there is gross negligence in a suit for quasi-delict, exemplary
husband's company. One day, while en route from Hong
could be awarded. (2021) 3. A wife was able to validly obtain a judicial
Kong to Manila, the vessel manned by Captain L encountered
(B) No, he has no right to compel Rona to use his surname. declaration of her husband's presumptive death after he had
a severe typhoon at sea. The captain was able to send radio
The law does not give him the right simply because he gave her disappeared for 10 years. She then remarried in accordance
messages of distress to the head o ce until all
support (RA 9255). with law.
communications were lost. In the weeks that followed, the
Under the Family Code, an illegitimate child was required to search operations yielded debris of the lost ship but the bodies
To her surprise, a few years after her remarriage, her rst
use only the surname of the mother. Under RA 9255, of the crew and the passengers were not recovered. The
husband reappeared.
otherwise known as the Revilla law, however, the illegitimate insurance company thereafter paid out the death bene ts to all
child is given the option to use the surname of the illegitimate Does the first husband's reappearance automatically, the heirs of the passengers and crew. Mrs. L led a complaint
father when the latter has recognized the former in accordance without need of any further act, terminate the second demanding that her monthly allotments continue for the next
with law. Since the choice belongs to the illegitimate child, marriage? Explain briefly. four years until her husband may be legally presumed dead
Rodolfo cannot compel Rona, if already of age, to use the because of his absence.
surname against her will. If Rona is still a minor, to use the No, the rst husband's reappearance does not automatically
If you were the magistrate, how would you rule? (3%)
surname of Rodolfo will require the consent of Rona's mother terminate the second marriage.
who has sole parental authority over her. Article 42 of the Family Code requires the recording of the I would rule against Mrs. L. There is no merit in her
(C) No, because Rodolfo has no parental authority over Rona. a davit of reappearance of the absent spouse, unless there is a contention that the monthly allotments to her should
He who has the parental authority has the right to custody. judgment annulling the previous marriage or declaring it void continue despite the presumptive death of the husband. In
Under the Family Code, the mother alone has parental ab initio, for the subsequent marriage to be terminated. A case of disappearance where there is danger of death, the
authority over the illegitimate child. This is true even if sworn statement of the fact and circumstances of reappearance person shall be presumed to have died at the beginning of the
illegitimate father recognized the child and even though he is shall be recorded in the civil registry of the residence of the four (4) year period although his succession will be opened
giving support for the child. To acquire custody over Rona, parties to the subsequent marriage at the instance of any only at the end of the four year period. (Article 391, Civil
Rodolfo should rst deprive Nanette of parental authority if interested person , with due notice to the spouses of the Code) Since the husband of Mrs. L is presumed to have died at
there is ground under the law, and in a proper court subsequent marriage and without prejudice to the fact of about the time of disappearance, he is no longer entitled to
proceedings. In the same action, the court may award custody reappearance being judicially determined in case such fact is receive his salary from the day the presumption of death arises.
of Rona to Rodolfo if it is for her best interest. disputed.

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Marriage Legitimated Children (2018) III. Silverio was a woman trapped in a man's body. He
was born male and his birth certi cate indicated his gender as
General Principles Adopted Children
male, and his name as Silverio Stalon. When he reached the age
Support of 21, he had a sex reassignment surgery in Bangkok, and,
Essential Requisites
from then on, he lived as a female. On the basis of his sex
Mixed Marriages and Foreign Divorce Parental Authority reassignment, he led an action to have his rst name changed
to Shelley, and his gender to female. While he was following up
Void Marriages
General Principles his case with the Regional Trial Court of Manila, he met
Voidable Marriages Sharon Stan, who also led a similar action to change her rst
Essential Requisites name to Shari , and her gender, from female to male.
Legal Separation
Sharon was registered as a female upon birth. While growing
Property Relations Between Spouses (2021) 1. A couple executes a prenuptial agreement which up, she developed male characteristics and was diagnosed to
principally provides that their marriage shall be valid for only have congenital adrenal hyperplasia ("CAH") which is a
Absolute Community of Property Regime ve years but that it can be renewed through mutual consent condition where a person possesses both male and female
negotiated at least six months before its expiration. characteristics. At puberty, tests revealed that her ovarian
Conjugal Partnership of Gains Regime
Is this contract valid? Explain briefly. structures had greatly minimized, and she had no breast or
Separation of Property Regime menstrual development. Alleging that for all intents and
No, the contract is not valid. appearances, as well as mind and emotion, she had become a
Property Regime of Unions Without Marriage
male, she prayed that her birth certi cate be corrected such
Article 1 of the Family Code provides that marriage is a special that her gender should be changed from female to male, and
Judicial Separation of Property
contract of permanent union between a man and a woman. that her rst name should be changed from Sharon to Shari .
The Family Home Further, it is not subject to stipulation, except that marriage
settlements may x the property relations during the marriage Silverio and Sharon fell in love and decided to marry. Realizing
Paternity and Filiation within the limits provided by this Code. that their marriage will be frowned upon in the Philippines,
they traveled to Las Vegas, USA where they got married based
Concepts of Paternity, Filiation, and Legitimacy A provision in the prenuptial agreement that xes the period on the law of the place of celebration of the marriage. They,
of validity of the marriage is null and void for violating the however, kept their Philippine citizenship.
Legitimate Children
permanency of the union. Thus, the contract is not valid.
(a) Is there any legal bases for the court to approve
Illegitimate Children
Silverio's petition for correction of entries in his

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birth certificate? (2.5%) that she has the biological characteristics of both male and license indicated in the marriage certi cate does not appear in
female. Based on that case, Sharon’s petition should be the records and cannot be found.
(b) Will your answer be the same in the case of
granted since he has simply let nature take its course and has
Sharon's petition? (2.5%) (a) Decide the case and explain. (2.5%)
not taken unnatural steps to arrest or interfere with what he
(c) Can the marriage of Silverio (Shelley) and was born with. The change of name should also be granted (b) In case the marriage was solemnized in 1980
Sharon (Shariff) be legally recognized as valid in considering that it merely recognizes Sharon’s preferred before the effectivity of the Family Code, is it
the Philippines? (2.5%) gender. required that a judicial petition be filed to
declare the marriage null and void? Explain.
(C) No, it cannot be legally recognized as valid. Laws relating (2.5%)
(A) No, there is no legal bases for the court to approve
to the status, condition and legal capacity of persons are
Silverio’s petition. As settled in the case of Silverio v. Republic
binding upon citizens of the Philippines even though living
(G.R. No. 174689, October 22, 2007), our laws do not (A) I will grant the petition for judicial declaration of nullity
abroad (Article 15, Civil Code). One of the requisites of a
sanction change of name and correction of entry in the civil of Brad and Angelina’s marriage on the ground that there is a
marriage is that the contracting parties must be a male and a
register as to sex on the ground of sex reassignment. Sex lack of a marriage license. Article 3 of the Family Code
female (Article 2, Family Code). Since Silverio and Sharon are
reassignment is not one of the grounds for which change of provides that one of the formal requisites of marriage is a valid
Filipino citizens their status, condition and legal capacity is
rst name may be allowed under Republic Act No. 9048. The marriage license and Article 4 of the same Code states that
determined by Philippine law, their marriage abroad is not a
petition for correction of entry as to sex of the birth certi cate absence of any of the essential or formal requisites shall render
valid marriage under Philippine law, because both contracting
of Silverio cannot prosper, because the said document the marriage void ab initio, in Abbas v. Abbas (G.R. No.
parties are males.
contained no error and it cannot be corrected. Silverio was 183896, January 30, 2013, 689 SCRA 646), the Supreme
born a male. The sex of a person is determined at birth. Court declared the marriage as void ab initio because there is
Considering that there is no law legally recognizing sex (2016) XIX. Brad and Angelina had a secret marriage before a proof of lack of record of marriage license.
reassignment, the determination of a persons sex made at the pastor whose o ce is located in Arroceros Street, City of
The certi cation by the Civil Registrar of Manila that, after a
time of his or her birth, if not attended by error, is immutable. Manila. They paid money to the pastor who took care of all
diligent and exhaustive search, the alleged marriage license
the documentation. When Angelina wanted to go to the U.S.,
(B) No, my answer will not be the same. In the case of indicated in the marriage certi cate does not appear in the
she found out that there was no marriage license issued to
Republic v. Cagandahan (G.R. 166676, September 12, 2008), records and cannot be found proves that the marriage of Brad
them before their marriage. Since their marriage was
the Supreme Court held that where the person is biologically and Angelina was solemnized without the requisite marriage
solemnized in 1995 after the e ectivity of the Family Code,
or naturally intersex the determining factor in his gender license and is therefore void ab initio. The absence of the
Angelina led a petition for judicial declaration of nullity on
classi cation would be what the individual, having reached the marriage license was certi ed to by the local civil registrar who
the strength of a certi cation by the Civil Registrar of Manila
age of majority, with good reason thinks of his/her sex. Sharon is the o cial custodian of these documents and who is in the
that, after a diligent and exhaustive search, the alleged marriage
is considered an intersex, because he has CAH, which means best position to certify as to the existence of these records.

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Also, there is a presumption of regularity in the performance were already married. Thereafter, the couple lived together as When Faye was 25 years old, Brad discovered her continued
of o cial duty (Republic v. CA and Castro, G.R. No. 103047, husband and wife, and had three sons. liaison with Roderick and in one of their heated arguments,
September 2, 1994, 236 SCRA 257). a. Is the marriage of Michael and Anna valid,
Faye shot Brad to death. She lost no time in marrying her true
love Roderick, without a marriage license, claiming that they
(B) No, it is not required that a judicial petition be led to voidable, or void? Explain your answer. (3%)
declare the marriage null and void when said marriage was have been continuously cohabiting for more than 5 years.
b. What is the status of the three children of
solemnized before the e ectivity of the Family Code. As stated a. Was the marriage of Roderick and Faye valid?
Michael and Anna? Explain your answer. (2%)
in the cases of People V. Mendoza (G.R. No. L-5877, (2%)
September 28, 1954, 95 Phil. 845), and People v. Aragon c. What property regime governs the properties
acquired by the couple? Explain. (2%) b. What is the filiation status of Laica? (2%)
(G.R. No. L-10016, February 28, 1957, 100 Phil. 1033), the
old rule is that where a marriage is illegal and void from its c. Can Laica bring an action to impugn her own
performance, no judicial petition is necessary to establish its (A) The marriage is void because the formal requisite of status on the ground that based on DNA results,
invalidity. marriage ceremony was absent ( Art.3, F.C. 209, Family Roderick is her biological father? (2%)
Code). d. Can Laica be legitimated by the marriage of her
(2009) III. In December 2000, Michael and Anna, after (B) The children are illegitimate, having been born outside a biological parents? (1%)
obtaining a valid marriage license, went to the O ce of the valid marriage.
Mayor of Urbano, Bulacan, to get married. The Mayor was (A) No. The marriage of Roderick and Faye is not valid. Art.
(C) The marriage being void, the property relationship that
not there, but the Mayor’s secretary asked Michael and Anna 4, FC provides that the absence of any of the essential or
governed their union is special co-ownership under Article
and their witnesses to ll up and sign the required marriage 147 of the Family Code. This is on the assumption that there formal requisites renders the marriage void ab initio. However,
contract forms. The secretary then told them to wait, and was no impediment for them to validity marry each other. no license shall be necessary for the marriage of a man and a
went out to look for the Mayor who was attending a wedding woman who have lived together as husband and wife for at
in a neighboring municipality. least 5 years and without any legal impediment to marry each
(2008) III. Roderick and Faye were high school sweethearts.
other. In Republic v. Dayot, G.R. No. 175581, 28 March
When the secretary caught up with the Mayor at the wedding When Roderick was 18 and Faye, 16 years old, they started to
2008, reiterating the doctrine in Niñal v. Bayadog, G.R. No.
reception, she showed him the marriage contract forms and live together as husband and wife without the bene t of
133778, 14 March 2000, this ve- year period is characterized
told him that the couple and their witnesses were waiting in marriage. When Faye reached 18 years of age, her parents
by exclusivity and continuity. In the present case, the marriage
his o ce. The Mayor forthwith signed all the copies of the forcibly took her back and arranged for her marriage to Brad.
of Roderick and Faye cannot be considered as a marriage of
marriage contract, gave them to the secretary who returned to Although Faye lived with Brad after the marriage, Roderick
exceptional character, because there were 2 legal impediments
the Mayor’s o ce. She then gave copies of the marriage continued to regularly visit Faye while Brad was away at work.
during their cohabitation: minority on the part of Faye, during
contract to the parties, and told Michael and Anna that they During their marriage, Faye gave birth to a baby girl, Laica.
the rst two years of cohabitation; and, lack of legal capacity,

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since Faye married Brad at the age of 18. The absence of a 2 children, the spouses developed irreconcilable di erences, so had the legal authority to solemnize marriage. While the
marriage license made the marriage of Faye and Roderick void they parted ways. authority of the solemnizing o cer is a formal requisite of
ab initio. While separated, Ric fell in love with Juliet, a 16 year-old
marriage, and at least one of the parties must belong to the
solemnizing o cer's church, the law provides that the good
(B) Laica is legitimate because children conceived or born sophomore in a local college and a seventh-Day Adventist.
during the marriage of the parents are presumed to be They decided to get married with the consent of Juliet's faith of the parties cures the defect in the lack of authority of
the solemnizing o cer (Art. 35 par. 2, Family Code;
legitimate (Art. 164, FC). parents. She presented to him a birth certi cate showing she is
18 years old. Ric never doubted her age much less the Sempio-Diy, p. 34; Rabuya, The Law on Persons and Family
(C) No. Laica cannot bring an action to impugn her own Relations, p. 208).
status. In Liyao Jr. v. Tanhoti-Liyao, G.R. No. 138961, 07 authenticity of her birth certi cate. They got married in a
March 2002, the Supreme Court ruled that impugning the Catholic church in Manila. A year after, Juliet gave birth to The absence of parental consent despite their having married
twins, Aissa and Aretha. at the age of 18 is deemed cured by their continued
legitimacy of the child is a strictly personal right of husband,
except: (a) when the husband died before the expiration of the a. What is the status of the marriage between Gigi cohabitation beyond the age of 21. At this point, their
marriage is valid (See Art. 45, Family Code).
period xed for bringing the action; (b) if he should die after and Ric - valid, voidable or void? Explain. 2.5 %
the ling of the complaint, without having desisted therefrom, b. What is the status of the marriage between Ric (B) The marriage between Juliet and Ric is void. First of all,
or (c) if the child was born after the death of the husband. the marriage is a bigamous marriage not falling under Article
and Juliet - valid, voidable or void? Explain.
Laica's case does not fall under any of the exceptions. 2..5% 41 [Art. 35(4)Family Code], A subsisting marriage constitutes
a legal impediment to re- marriage. Secondly, Juliet is below
(D) No. Laica cannot be legitimated by the marriage of her c. Suppose Ric himself procured the falsified birth eighteen years of age. The marriage is void even if consented to
biological parents because only children conceived and born certificate to persuade Juliet to marry him
outside of wedlock of parents who at the time of the by her parents [Art. 35(1), Family Code]. The fact that Ric
despite her minority and assured her that was not aware of her real age is immaterial.
conception of the former were not disquali ed by any everything is in order. He did not divulge to her
impediment to marry each other may be legitimated (Art. 177, his prior marriage with Gigi. What action, if (C) Juliet can le an action for the declaration of nullity of the
FC). any, can Juliet take against him? Explain. 2.5% marriage on the ground that he willfully caused loss or injury
to her in a manner that is contrary to morals, good customs
d. If you were the counsel for Gigi, what action/s and public policy [Art. 21, New Civil Code]. She may also
(2006) IV. Gigi and Ric, Catholics, got married when they
will you take to enforce and protect her interests? bring criminal actions for seduction, falsi cation, illegal
were 18 years old. Their marriage was solemnized on August 2,
Explain. 2.5% marriage and bigamy against Ric.
1989 by Ric's uncle, a Baptist Minister, in Calamba, Laguna.
He overlooked the fact that his license to solemnize marriage (D) I would le an action to declare the marriage between
(A) Even if the Minister's license expired, the marriage is valid
expired the month before and that the parties do not belong to Juliet and Ric null and void ab initio and for Ric's share in the
if either or both Gigi and Ric believed in good faith that he
his congregation. After 5 years of married life and blessed with co-ownership of that marriage to be forfeited in favor and

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considered part of the absolute community in the marriage marriage between two (2) Filipinos cannot be dissolved by a marriage are illegitimate, unless otherwise provided in this
between Gigi and Ric [Arts. 148 & 147, Family Code]. I divorce obtained abroad. (Garcia v. Redo, G.R. No. 138322, Code.
would also le an action for damages against Ric on the October 2, 2001). Philippine laws apply to Sonny and Lulu.
(E) Sonny's heirs include James, John, and Lulu. Article 887 of
grounds that his acts constitute an abuse of right and they are Under Article 15 of the New Civil Code, laws relating to the Civil Code provides that the compulsory heirs of the
contrary to law and morals, causing damages to Gigi (See Arts family rights and duties, status, and capacity of persons are deceased are among others, his widow and his illegitimate
19, 20, 21, New Civil Code). binding upon citizens of the Philippines wherever they may children. The widow referred to in Article 887 is the legal wife
be. Thus, the marriage of Sonny and Lulu is still valid and of the deceased. Lulu is still a compulsory heir of Sonny
(2005) II. In 1985, Sonny and Lulu, both Filipino citizens, subsisting. because the divorce obtained by Sonny in Canada cannot be
were married in the Philippines. In 1987, they separated, and (B) Since the decree of divorce obtained by Lulu and Sony in recognized in the Philippines. The legitime of each illegitimate
Sonny went to Canada, where he obtained a divorce in the Canada is not recognized here in the Philippines, the marriage child shall consist of one-half of the legitime of a legitimate
same year. He then married another Filipina, Auring, in between Sonny and Auring is void. (Art. 35, Family Code) child. (Art. 176, Family Code)
Canada on January 1, 1988. They had two sons, James and Any marriage subsequently contracted during the lifetime of
John. In 1990, after failing to hear from Sonny, Lulu married the rst spouse shall be illegal and void, subject only to the (2021) 4. Two college sweethearts were married inside a
Tirso, by whom she had a daughter, Verna. In 1991, Sonny exception in the cases of absence or where the prior marriage Roman Catholic church in the Philippines with a Supreme
visited the Philippines where he succumbed to heart attack. was dissolved or annulled. (Ninal v. Bayadog, G.R. No. Court Justice serving as solemnizing o cer.
a) Discuss the effect of the divorce obtained by 133778, March 14, 2000) The marriage of Sonny and Auring
Sonny and Lulu in Canada. (2%) does not fall within the exception. A few years following the ceremony, one of the two led an
b) Explain the status of the marriage between (C) The marriage of Lulu and Tirso is also void. Mere absence action for the declaration of nullity of marriage on the ground
Sonny and Auring. (2%) of the spouse does not give rise to a right of the present spouse that the marriage was void ab initio because it was solemnized
to remarry. Article 41 of the Family Code provides for a valid inside a Roman Catholic church by a Supreme Court Justice,
c) Explain the status of the marriage between Lulu and not by a Roman Catholic priest.
bigamous marriage only where a spouse has been absent for
and Tirso. (2%)
four consecutive years before the second marriage and the Is the position legally tenable? Explain briefly.
d) Explain the respective filiation of James, John present spouse had a well-founded belief that the absent
and Verna. (2%) spouse is already dead. (Republic v. Nolasco, G.R. No. 94053, No, the position of one of the spouse is untenable.
e) Who are the heirs of Sonny? Explain. (2%) March 17, 1993)
It is conceded that a Supreme Court Justice, although clothed
(D) James, John and Verna are illegitimate children since their with authority to solemnize a marriage under the Family
(A) The divorce is not valid. Philippine law does not provide parents are not validly married. Under Article 165 of the Code, may only solemnize a marriage in his or her chambers or
for absolute divorce. Philippine courts cannot grant it. A Family Code, children conceived and born outside a valid in open court as ruled in Keuppers v. Judge Murcia (829 Phil.

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53). However, the Supreme Court in Navarro v. Domagtoy divorce or, at the very least, Eka and Du-guil should have led
Yes. The Filipino wife can now have the divorce decree
has ruled that a resultant irregularity in the formal requisite as for divorce jointly. recognized in our jurisdiction and then remarry.
laid out in Article 3 of the Family Code does not a ect the
Is the RTC correct? Explain briefly. The Court in Republic v. Manalo, and reiterated in Morisono
validity of the marriage.
v. Morisono, has already ruled that foreign divorce decrees
Here, there was an irregularity in one of the formal requisites No, the RTC is incorrect. obtained to nullify marriages between a Filipino and an alien
as the solemnizing o cer may only solemnize the marriage in citizen may already be recognized in this jurisdiction,
The Court in Republic v. Manalo, and reiterated in Morisono
his or her chambers or in open court, and not in a Roman regardless of who between the spouses initiated the divorce;
v. Morisono, has already ruled that foreign divorce decrees
Catholic church. This irregularity does not a ect the validity provided, that the party petitioning for the recognition of
obtained to nullify marriages between a Filipino and an alien
of the marriage solemnized. Therefore, the action for such foreign divorce decree – presumably the Filipino citizen –
citizen may already be recognized in this jurisdiction,
declaration of nullity of marriage is without legal ground.
regardless of who between the spouses initiated the divorce; must prove the divorce as a fact and demonstrate its
provided, that the party petitioning for the recognition of conformity to the foreign law allowing it.
Mixed Marriages and Foreign Divorce such foreign divorce decree – presumably the Filipino citizen –
must prove the divorce as a fact and demonstrate its (2019) A.4. F, a Filipina, married J, a Japanese, in the
(2022) I.13. Eka, a Filipina, and Du-guil, a Korean, married conformity to the foreign law allowing it. Philippines. After three (3) years, they had a falling out and
in the Philippines. Thereafter, they moved to Seoul, South thus, separated. Soon after, F initiated a divorce petition in
Here, it was incorrect for the RTC to rule that either the
Korea. While there, Du-guil began to ignore Eka. He was Japan which was not opposed by J because under Japanese law,
foreign spouse alone, or the Filipino and foreign spouse jointly
always out with his friends and usually came home drunk. le for the divorce for the divorce decree to be recognized. a grant of divorce will capacitate him to remarry. F's divorce
When Eka could not take their marital situation anymore, she Jurisprudence now allows either of the spouse to have the petition was then granted by the Japanese court with nality.
asked for a divorce. Du-guil agreed on the condition that Eka foreign judgment of divorce recognized in our jurisdiction. May the legal effects of the divorce decree be recognized
would be the one to le for divorce, and that the ground
Thus, the RTC is not correct in holding that Eka alone cannot in the Philippines, and consequently, capacitate F to
should be “no fault”, meaning, neither of them is at fault or
le the case to have the judgment of divorce recognized. remarry here? Explain. (3%)
neither would be accused of any wrongdoing. After the
divorce, Eka went back to the Philippines and led a case to
(2021) 10. A Japanese national was able to obtain a divorce Yes, the legal e ects of the divorce decree may be recognized in
have the judgment of divorce recognized. The Regional Trial
the Philippines, and consequently, capacitate F to remarry.
Court (RTC) denied Eka’s petition because she alone led for decree concerning his marriage with his Filipino wife. The
divorce, in violation of the second paragraph of Article 26 of decree capacitated the Japanese national to remarry. In the case of Republic v. Manalo [G.R. No. 221029, April 24,
the Family Code. According to the RTC, Article 26 requires 2018], the Court held that under Paragraph 2 of Article 26 of
Can the Filipino wife now avail of Article 26 of the
that either the foreign spouse alone initiates the ling of the Family Code and then remarry? Explain briefly. the Family Code, a Filipino citizen has the capacity to remarry

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under Philippine law after initiating a divorce proceeding foreign divorce decree cannot be recognized by Philippine was advised by the National Statistics O ce (NSO) to le a
abroad and obtaining a favorable judgment against his or her courts. Article 26, paragraph 2 of the Family Code provides petition for judicial recognition of the decree of divorce in the
alien spouse who is capacitated to remarry. Here, F initiated a that where a marriage between a Filipino citizen and a Philippines.
divorce petition in Japan and obtained a favorable judgment foreigner is validly celebrated and a divorce is thereafter validly
Is it necessary for Ted to file a petition for judicial
which capacitated her Japanese husband to remarry. Applying obtained abroad by the alien spouse capacitating him or her to recognition of the decree of divorce he obtained in
Paragraph 2 of Article 26 of the Family Code as interpreted in remarry, the Filipino spouse shall have capacity to remarry Canada before he can contract a second marriage in the
Republic v. Manalo, the legal e ects of the divorce obtained by under Philippine law. In Republic v. Orbecido (G.R. No.
Philippines? (4%)
F may be recognized in the Philippines which may capacitate F 154380, October 5, 2005, 472 SCRA 114), the Supreme
to remarry here. Court ruled that Article 26, paragraph 2 should be interpreted
No, it is not necessary for Ted to le a petition for judicial
to include cases involving parties who, at the time of the
recognition of the decree of divorce he obtained in Canada
(2016) III. Romeo and Juliet, both Filipinos, got married. celebration of the marriage were Filipino citizens, but later on,
before he can contract a second marriage in the Philippines.
After a few years, Juliet got word from her mother that she can one of them becomes naturalized as a foreign citizen and
Ted, who is already a foreigner being a naturalized Canadian
go to the United States for naturalization. Juliet promised she obtains a divorce decree. The reckoning point is not their
citizen, will be required to submit a certi cate of legal capacity
will be back the moment she becomes an American. After citizenship at the time of celebration of marriage, but their
to contract marriage issued by the proper diplomatic or
sometime, Romeo learned from a friend that Juliet already citizenship at the time the divorce decree is obtained abroad by
consular o cials to obtain a marriage license.
became a U.S. citizen and even divorced him to marry a the alien spouse capacitating him/ her to remarry.
wealthy American businessman. Romeo led a petition before
(2012) III.b. Cipriano and Lady Miros married each other.
the Regional Trial Court praying that an order be issued (2014) XXIV. Ted, married to Annie, went to Canada to
Lady Miros then left for the US and there, she obtained
authorizing him to remarry pursuant to Article 26 of the work. Five (5) years later, Ted became a naturalized Canadian
American citizenship. Cipriano later learned all about this
Family Code. citizen. He returned to the Philippines to convince Annie to
including the fact that Lady Miros has divorced him in
Decide the petition with reasons. (5%) settle in Canada. Unfortunately, Ted discovered that Annie
America and that she had remarried there. He then led a
and his friend Louie were having an a air. Deeply hurt, Ted
petition for authority to remarry, invoking Par. 2, Art. 26 of
returned to Canada and led a petition for divorce which was
If the time of Juliet’s acquisition of U.S. citizenship preceded the Family Code.
granted. In December 2013, Ted decided to marry his
the time when she obtained the divorce decree, then the
childhood friend Corazon in the Philippines. In preparation Is Cipriano capacitated to re-marry by virtue of the
divorce decree can be given e ect in the Philippines, and divorce decree obtained by his Filipino spouse who was
for the wedding, Ted went to the Local Civil Registry of
consequently, Romeo will be capacitated to remarry under later naturalized as an American citizen? Explain. (5%)
Quezon City where his marriage contract with Annie was
Philippine law. On the other hand, if Juliet obtained the
registered. He asked the Civil Register to annotate the decree
divorce decree before she acquired U.S. citizenship, then the
of divorce on his marriage contract with Annie. However, he Yes, he is capacitated to remarry. While the second paragraph

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of Art 26 of the Family Code is applicable only to a Filipino valid in the Philippines because she is now a foreigner. the time of the marriage, if the latter was already a foreigner
who married a foreigner at the time of marriage, the Supreme Philippine personal laws do not apply to a foreigner. However, when the divorce was already obtained abroad. According to
Court ruled in the case of Republic v. Orbecido, G.R. No. recognition of the divorce as regards Harry will depend on the the court, to rule otherwise will violate the equal protection
154380, 5 Oct, 2005, that the said provision equally applies to applicability to his case of the second paragraph of Article 26 clause of the Constitution.
a Filipino who married another Filipino at the time of the of the Family Code. If it is applicable, divorce is recognized as
marriage, but who was already a foreigner when the divorce to him and, therefore, he can remarry. However, if it is not (2006) VII. Marvin, a Filipino, and Shelley, an American,
was obtained. applicable, divorce is not recognized as to him and, both residents of California, decided to get married in their
consequently, he cannot remarry. local parish. Two years after their marriage, Shelley obtained a
(2009) IV. Harry married Wilma, a very wealthy woman. (B) I will advise Harry to: divorce in California. While in Boracay, Marvin met Manel, a
Barely ve (5) years into the marriage, Wilma fell in love with Filipina, who was vacationing there. Marvin fell in love with
(1) Dissolve and liquidate his property relations with
Joseph. Thus, Wilma went to a small country in Europe, her. After a brief, courtship and complying with all the
Wilma; and
became a naturalized citizen of that country, divorced Harry, requirements, they got married in Hongkong to avoid
and married Joseph. A year thereafter, Wilma and Joseph (2) If he will remarry, le a petition for the recognition publicity, it being Marvin's second marriage.
returned and established permanent residence in the and enforcement of the foreign judgment of divorced
Is his marriage to Manel valid? Explain. 5%
Philippines. (Rule 39, Rules of Court).

a. Is the divorce obtained by Wilma from Harry (C) Yes, he can validly marry Elizabeth, applying the doctrine Yes. The marriage will not fall under Art. 35(4) of the Family
recognized in the Philippines? Explain your laid down by the Supreme Court in Republic v. Orbecido Code on bigamous marriages, provided that Shelley obtained
answer. (3%) (427 SCRA 114 [2005]). Under the second paragraph of an absolute divorce, capacitating her to remarry under her
Article 26 of the Family Code, for the Filipino spouse to have national law. Consequently, the marriage between Marvin and
b. If Harry hires you as his lawyer, what legal
capacity to remarry, the law expressly requires the spouse who Manel may be valid as long as it was solemnized and valid in
recourse would you advise him to take? Why?
obtained the divorce to be a foreigner at the time of the accordance with the laws of Hong Kong [Art. 26, paragraphs 1
(2%)
marriage. Applying this requirement to the case of Harry it and 2, Family Code].
c. Harry tells you that he has fallen in love with would seem that he is not given the capacity to remarry. This is
another woman, Elizabeth, and wants to marry because Wilma was a Filipino at the time of her marriage to
her because, after all, Wilma is already married
Void Marriages
Harry.
to Joseph. Can Harry legally marry Elizabeth?
In Republic v. Orbecido, however, the Supreme Court ruled (2022) I.2. Razna and Junsi got married in 2015 and were
Explain. (2%)
that a Filipino spouse is given the capacity to remarry even blessed with two children, Zarah and Mica. In 2020, because
though the spouse who obtained the divorce was a Filipino at of the COVID-19 pandemic, the entire family had to spend 24
(A) As to Wilma, the divorce obtained by her is recognized as

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hours together every day in their small house. Razna observed presented that such behavior antedated their marriage. (A) Voidable. Under the Family Code, a marriage is voidable
that although Junsi continued to work from home to support
Thus, the petition should be dismissed for failing to present if either of the party was a icted with a sexually transmissible
the family, he began to exhibit paranoia, and constantly kept juridical antecedence which is an essential requisite in proving disease which is serious and incurable, such as AIDS. Here,
making sure that they always washed their hands and rubbed
psychological incapacity. Ador was a icted with AIDS at the time of the celebration of
them with alcohol ten times before eating. Junsi also always the marriage, a sexually transmissible disease considered to be
wore a face mask, face shield and hazmat in the house, except serious and incurable. [Basis: Article 45(6), Family Code;
(2017) I. State whether the following marital unions are valid,
when he was alone in the room. Junsi began sleeping
void, or voidable, and give the corresponding justi cations for discussed in p. 122, Vol. 1, Rabuya’s Civ Reviewer Book]
separately from Razna and their children. He believed that
your answer: (B) Void. Under the Family Code, a marriage is declared void
other people who wanted to meet him in person were actively
trying to harm him by exposing him to the virus. (a) Ador and Becky's marriage wherein Ador was by reason of public policy when one, with the intention to
afflicted with AIDS prior to the marriage. (2%) marry the other, killed that other spouse or his or her own
In early 2022, Razna led a petition for declaration of nullity spouse. Here, the wife killed her previous husband for the
(b) Carlos' marriage to Dina which took place after
of her marriage with Junsi on the ground of psychological purpose of marrying the second husband. [Basis: Article 38
Dina had poisoned her previous husband Edu in
incapacity under Article 36 of the Family Code, citing his (9), Family Code; discussed in p. 94, Vol. 1, Rabuya’s Civ
order to free herself from any impediment in
atypical behavior. She presented the testimony of a doctor, Reviewer Book]
order to live with Carlos. (2%)
who proved that Junsi was su ering from psychotic paranoia (C) If the marriage took place during the e ectivity of the
(c) Eli and Fely's marriage solemnized seven years
due to intense stress, which accounted for his belief in things Family Code and Chona is in fact alive, the subsequent
after the disappearance of Chona, Eli's previous
that are not real.
spouse, after the plane she had boarded crashed
Should Razna’s petition be granted? Explain briefly. in the West Philippine Sea. (2%)
(d) David who married Lina immediately the day
No, the petition for declaration of nullity of marriage should
after obtaining a judicial decree annulling his
not be granted.
prior marriage to Elisa. (2%)
Tan-Andal v. Andal sustained the requirement for a party in a
(e) Marriage of Zoren and Carmina who did not
nullity case to prove juridical antecedence. Santos v. CA
secure a marriage license prior to their wedding,
de ned juridical antecedence to be rooted in the history of the
but lived together as husband and wife for 10
party antedating the marriage.
years without any legal impediment to marry.
Here, Junsi's behavior only surfaced during the COVID-19 (2%)
pandemic, ve years after their marriage. There was no proof

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marriage is void for being bigamous because Eli failed to license. [Basis: Article 34, Family Code; discussed in pp. 57-58, 136490, October 19, 2000, 343 SCRA 755), that actual
obtain a judicial declaration of presumptive death of the Vol. 1, Rabuya’s Civ Reviewer Book] medical examination need not be resorted to where the totality
absentee spouse prior to contracting the subsequent marriage. of evidence presented is enough to sustain a nding of
Under the Family Code, a judicial declaration of presumptive (2016) IV. Leo married Lina and they begot a son. After the psychological incapacity. However, in this case, the pieces of
death of the absentee is required to be obtained by the spouse birth of their child, Lina exhibited unusual behavior and evidence presented are not su cient to conclude that indeed
present to make the subsequent marriage valid. However, had started to neglect her son; she frequently went out with her Lina is su ering from psychological incapacity existing already
Chona really died when the plane crashed, the subsequent friends and gambled in casinos. Lina later had extra-marital before the marriage, incurable and serious enough to prevent
marriage of Eli is valid because the prior marriage was already a airs with several men and eventually abandoned Leo and her from performing her essential marital obligations.
terminated. [Basis: Article 41, Family Code; Armas v. their son. Leo was able to talk to the psychiatrist of Lina who
Calisterio, 330 SCRA 201 (2000); discussed in pp. 99-100, told him that Lina su ers from dementia praecox, a form of (2015) VI. Kardo met Glenda as a young lieutenant and after
Vol. 1, Rabuya’s Civ Reviewer Book] psychosis where the a icted person is prone to commit a whirlwind courtship, they were married. In the early part of
But if the subsequent marriage took place during the homicidal attacks. Leo was once stabbed by Lina but his military career, Kardo was assigned to di erent places all
e ectivity of the Civil Code, the marriage is valid until fortunately he only su ered minor injuries. over the country but Glenda refused to accompany him as she
annulled (voidable) because no judicial declaration of preferred to live in her hometown. They did not live together
Will a Petition for Declaration of Nullity of Marriage
presumptive death was required under the Civil Code. filed with the court prosper? Explain. (5%) until the 12th year of their marriage when Kardo had risen up
the ranks and was given his own command. They moved to
(D) Void. Under the Family Code, David is required to record
living quarters in Fort Gregorio. One day, while Kardo was
the judgment of annulment and the partition and distribution No, a Petition for Declaration of Nullity of Marriage under
away on o cial business, one of his military aides caught
of the properties of the spouses, as well as the delivery of the Article 36 of the Family Code will not prosper.
Glenda having sex with the corporal assigned as Kardo's driver.
presumptive legitimes of their children, in the appropriate Even if taken as true, the grounds alleged are not su cient to The aide immediately reported the matter to Kardo who
civil registry and registries of property prior to contracting the declare the marriage void under “psychological incapacity”. In rushed home to confront his wife. Glenda readily admitted the
second marriage; otherwise, the subsequent marriage is void. Santos v. CA (G.R. No. 113054, March 16, 1995, 240 SCRA a air and Kardo sent her away in anger. Kardo would later
[Basis: Article 35(6), in relation to Artcicles 53 and 52, Family 20), the Supreme Court explained that psychological come to know the true extent of Glenda's unfaithfulness from
Code; discussed in p. 83, Vol. 1, Rabuya’s Civ Reviewer Book] incapacity must be characterized by (a) gravity, (b) juridical his aides, his household sta , and former neighbors who
(E) Valid because their marriage is exceptional and exempt antecedence, and (c) incurability, The illness must be shown as informed him that Glenda has had intimate relations with
from the requirement of a marriage license. Under the Family downright incapacity or inability to perform one’s marital various men throughout their marriage whenever Kardo was
Code, the marriage of a man and woman who lived exclusively obligations, not a mere refusal, neglect, di culty, or much less, away on assignment.
as husband and wife for at least ve years and without ill will. While Lina was not examined by a physician, the
Kardo led a petition for declaration of nullity of marriage
impediment is exempt from the requirement of a marriage Supreme Court has ruled in Marcos v. Marcos (G.R. No.

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under Article 36. Based on interviews from Kardo, his aide, Agraviador, G.R. No. 170729- December 8, 2010) before the Regional Trial Court (RTC) of Makati City using
and the housekeeper, a psychologist testi ed that Glenda's the NAMT decision and the same evidence adduced in the
habitual in delity was due to her a iction with Histrionic (2014) I. Ariz and Paz were o cemates at Perlas ng Silangan church annulment proceedings as basis.
Personality Disorder, an illness characterized by excessive Bank (PSB). They fell in love with each other and had a civil If you are the judge, will you grant the petition?
emotionalism and uncontrollable attention-seeking behavior and church wedding. Meanwhile, Paz rapidly climbed the Explain. (5%)
rooted in Glenda's abandonment as a child by her father. corporate ladder of PSB and eventually became its Vice
Kardo himself, his aide, and his housekeeper also testi ed in President, while Ariz remained one of its bank supervisors, No, I will not grant the petition for declaration of nullity of
court. The RTC granted the petition, relying on the liberality although he was short of 12 units to nish his Masters of marriage.
espoused by Te v. Te and Azcueta v. Republic. However, the Business Administration (MBA) degree.
OSG led an appeal, arguing that sexual in delity was only a In Republic v. Molina (G.R. No. 108763, February 13, 1997),
Ariz became envious of the success of his wife. He started to the Supreme Court ruled that while the interpretations given
ground for legal separation and that the RTC failed to abide
drink alcohol until he became a drunkard. He preferred to join by the National Appellate Matrimonial Tribunal (NAMT) of
by the guidelines laid down in the Molina case.
his "barkadas"; became a wifebeater; would hurt his children the Catholic Church in the Philippines should be given great
How would you decide the appeal? (5%) without any reason; and failed to contribute to the needs of respect by our courts, they are not controlling or decisive. Its
the family. Despite rehabilitation and consultation with a interpretation is not conclusive on the courts. The courts are
I will resolve the appeal in favor of the Republic. In the case of psychiatrist, his ways did not change still required to make their own determination as to the merits
Dedel v. Dedel, (G.R. No. 151867 January 29, 2004) the of the case, and not rely solely on the nding of the NAMT.
After 19 years of marriage, Paz, a devout Catholic, decided to
Supreme Court refused to declare the marriage of the parties
have their marriage annulled by the church. Through the It has been held that psychological incapacity as a ground for
void on the ground of sexual in delity of the wife Sharon. In
testimony of Paz and a psychiatrist, it was found that Ariz was nullifying a marriage is con ned to the most serious cases of
case mentioned, the wife committed in delity with several
a spoiled brat in his youth and was sometimes involved in personality disorders clearly demonstrative of an utter
men up to the extent of siring two illegitimate children with a
brawls. In his teens, he was once referred to a psychiatrist for t insensitivity or inability to give meaning and signi cance to
foreigner. The court, however, said that it was not shown that
reatment due to his violent tendencies. In due time, the marriage.
the sexual in delity was a product of a disordered personality
National Appellate Matrimonial Tribunal (NAMT) annulled
and that it was rooted in the history of the party alleged to be The three essential requisites in order for psychological
the union of Ariz and Paz due to the failure of Ariz to perform
psychologically incapacitated. Also, the nding of incapacity to he appreciated are:
and ful ll his duties as a husband and as a father to their
psychological incapacity cannot be based on the interviews
children. The NAMT concluded that it is for the best interest 1) gravity, 2) juridical antecedence and 3) incurability.
conducted by the clinical psychologist on the husband or his
of Paz, Ariz and their children to have the marriage annulled. In the present case, there is no showing that the psychological
witnesses and the person alleged to be psychologically
incapacitated must be personally examined to arrive at such In view of the NAMT decision, Paz decided to le a Petition incapacity was ting at the time of the celebration of the
declaration. (Marcos v. Marcos, 343 SCRA 755; Agraviador v. for Declaration of Nullity of Marriage of their civil wedding marriage.

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does not apply to declarations of nullity based on Art. 36 of that Neil is su ering from Narcissistic Personality Disorder, an
(2014) VI. Miko and Dinah started to live together as
the Family Code. The said rule only applies if there was a ailment that she found to be already present since Neil's early
husband and wife without the bene t of marriage in 1984.
second marriage which is void because of non-compliance adulthood and one that is grave and incurable. Maria testi ed
Ten (10) years after, they separated. In 1996, they decided to
with the requirements of Article 40 of the Family Code. In the on the speci c instances when she found Neil drunk, with
live together again, and in 1998, they got married.
case of Dino v. Diño (G.R. No. 178044, January 19, 2011), another woman, or squandering the family's resources in a
On February 17, 2001, Dinah led a complaint for declaration the Court held that Sec. 19 (1) only applies to Family Code. casino. Ambrosia, the spouses' current household help,
of nullity of her marriage with Miko on the ground of Articles 50 and 51, which are, subsequently applicable only to corroborated Maria's testimony.
psychological incapacity under Article 36 of the Family Code. marriages which are declared void ab initio or annulled by nal
On the basis of the evidence presented, will you grant the
The court rendered the following decision: judgment under and 45 of the Family Code. Since there is no petition? (8%)
1. Declaring the marriage null and void; previous marriage in this case and the marriage was annulled
under Article 36 of the Family Code, Section 19 (1) of the said
2. Dissolving the regime of absolute community of property; If I were the judge, I will not grant the petition. Although
Rules does not apply.
and psychological incapacity has not been de ned by the Family
Code, the Supreme Court in several cases (Republic vs. San
3. Declaring that a decree of absolute nullity of marriage shall (2013) I.I. You are a Family Court judge and before you is a Jose - February 28, 2007; Zamora v. CA and Zamora G.R. No.
only be issued after liquidation, partition and distribution of Petition for the Declaration of Nullity of Marriage (under 141917 February 7, 2007; Benjamin Ting v. Carmen Ting
the parties’ properties under Article 147 of the Family Code. Article 36 of the Family Code) led by Maria against Neil. G.R. No. 166562; March 31, 2009) has ruled that the
Dinah led a motion for partial reconsideration questioning Maria claims that Neil is psychologically incapacitated to intendment of the law is to con ne psychological incapacity to
the portion of the decision on the issuance of a decree of comply with the essential obligations of marriage because Neil the most serious cases of personality disorders clearly
nullity of marriage only after the liquidation, partition and is a drunkard, a womanizer, a gambler, and a mama's boy - demonstrative of an utter insensitivity or inability to give
distribution of properties under Article 147 of the Code. traits that she never knew or saw when Neil was courting her. meaning and signi cance to the marriage. What the law
Although summoned, Neil did not answer Maria's petition requires is downright incapacity and not refusal or neglect or
If you are the judge, how will you decide petitioner’s
and never appeared in court. di culty but a failure to perform essential marital obligations
motion for partial reconsideration? Why? (4%)
To support her petition, Maria presented three witnesses- due to causes psychological in nature.
I will grant the motion for partial reconsideration. Section 19 herself, Dr. Elsie Chan, and Ambrosia. Dr. Chan testi ed on Further, the presentation of expert proof presupposes a
(1) of the Rule on Declaration of Absolute Nullity of Null the psychological report on Neil that she prepared. Since Neil thorough and in-depth assessment of the parties by the
Marriages and Annulment of Voidable Marriages, which never acknowledged nor responded to her invitation for psychologist or expert for a conclusive diagnosis of grave,
require that the decree of nullity of marriage be issued only interviews, her report is solely based on her interviews with severe, and incurable presence of psychological incapacity. (Paz
after the liquidation, partition and distribution of properties, Maria and the spouses' minor children. Dr. Chan concluded vs. Paz – February 18, 2010) In this case, the report of Dr.

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Chan is solely based on her interviews with Maria and the 149498, May 20, 2004). Furthermore, the condition
Gemma led a petition for the declaration of nullity of her
children. She did not actually hear, see and evaluate Neil. marriage with Arnell on the ground of psychological complained of did not exist at the time of the celebration of
Hence, the report cannot constitute a reasonable basis to reach incapacity. She alleged that after 2 months of their marriage, marriage.
a conclusion as to Neil’s psychological incapacity. Arnell showed signs of disinterest in her, neglected her and
went abroad. He returned to the Philippines after 3 years but
(2008) I. Ana Rivera had a husband, a Filipino citizen like
(2012) II.b. The petitioner led a petition for declaration of did not even get in touch with her. Worse, they met several
her, who was among the passengers on board a commercial jet
nullity of marriage based allegedly on the psychological times in social functions but he snubbed her. When she got
plane which crashed in the Atlantic Ocean ten (10) years
incapacity of the respondent, but the psychologist was not sick, he did not visit her even if he knew of her con nement in
earlier and had never been heard of ever since. Believing that
able to personally examine the respondent and the the hospital. Meanwhile, Arnell met an accident which
her husband had died, Ana married Adolf Cruz Staedtler, a
psychological report was based only on the narration of disabled him from reporting for work and earning a living to
divorced German national born of a German father and a
petitioner. support himself.
Filipino mother residing in Stuttgart. To avoid being required
Should the annulment be granted? Explain. (5%) Will Gemma's suit prosper? Explain. 5% to submit the required certi cate of capacity to marry from
the German Embassy in Manila, Adolf stated in the
The annulment cannot be guaranteed solely on the basis of the No, Gemma's suit will not prosper. Even if taken as true, the application for marriage license that he was a Filipino citizen.
psychological report. For the report to prove the psychological grounds, singly or collectively, do not constitute "psychological With the marriage license stating that Adolf was a Filipino, the
incapacity of the respondent, it is required that the incapacity." In Santos v. CA, G.R. No. 112019, January 4, couple got married in a ceremony o ciated by the Parish
psychologist should personally examine the respondent and 1995, the Supreme Court clearly explained that "psychological Priest of Calamba, Laguna in a beach in Nasugbu, Batangas, as
the psychological report should be based on the psychologist’s incapacity must be characterized by (a) gravity, (b) juridical the local parish priest refused to solemnize marriages except in
independent assessment of the facts as to whether or not the antecedence, and (c) incurability" (Ferraris v. Ferraris, G.R. his church.
respondent is psychologically incapacitated. No. 162368, July 17, 2006; Choa v. Choa, G.R. No. 143376, Is the marriage valid? Explain fully. (5%)
Since, the psychologist did not personally examine the November 26, 2002). The illness must be shown as downright
respondent, and his report is based solely on the story of the incapacity or inability to perform one's marital obligations,
No. The marriage is not valid. Art. 41 FC allows the present
petitioner who has an interest in the outcome of the petition, not a mere refusal, neglect, di culty or much less, ill will.
spouse to contract a subsequent marriage during the
the marriage cannot be annulled on the ground of Moreover, as ruled in Republic v. Molina, GR No. 108763,
subsistence of his previous marriage provided that:
respondent’s psychological incapacity if the said report is the February 13, 1997, it is essential that the husband is capable of
meeting his marital responsibilities due to psychological and (a) his prior spouse in the rst marriage had been absent for
only evidence of respondent’s psychological incapacity.
not physical illness (Antonio v. Reyes, G.R. No. 155800, four consecutive years;
March 10, 2006; Republic v. Quintero-Hamano, G.R. No. (b) that the spouse present has a well-founded belief that the
(2006) VI.

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absent spouse was already dead, and church. action for annulment before the parties reached 21 years old.
(c) present spouse instituted a summary proceeding for the (a) Is the marriage of Solenn and Sonny valid,
declaration of the presumptive death of absent spouse. voidable, or void? (2.5%) (2009) XII. Emmanuel and Margarita, American citizens and
employees of the U.S. State Department, got married in the
Otherwise, the second marriage shall be null and void. (b) If the marriage is defective, can the marriage be
African state of Kenya where sterility is a ground for
ratified by free cohabitation of the parties?
In the instant case, the husband of Ana was among the annulment of marriage. Thereafter, the spouses were assigned
passengers on board a commercial jet plane which crashed in (2.5%)
to the U.S. Embassy in Manila. On the rst year of the
the Atlantic Ocean. The body of the deceased husband was spouses’ tour of duty in the Philippines, Margarita led an
not recovered to con rm his death. Thus, following Art. 41, (A) The marriage is voidable for lack of parental consent. At
annulment case against Emmanuel before a Philippine court
Ana should have rst secured a judicial declaration of his the time of their marriage, Solenn and Sonny were only 19 and
on the ground of her husband’s sterility at the time of the
presumptive death before she married Adolf. The absence of 20 years old, respectively. Assuming their marriage was under
celebration of the marriage.
the said judicial declaration incapacitated Ana from the Family Code, Article 14 provides that parental consent is
required where either or both of the parties are between 18 a. Will the suit prosper? Explain your answer. (3%)
contracting her second marriage, making it void ab initio.
and 21 years old at the time of marriage. In the absence of such b. Assume Emmanuel and Margarita are both
parental consent, Article 45 of the Family Code provides that Filipinos. After their wedding in Kenya, they
Voidable Marriages
the marriage is voidable. Since the marriage was against their come back and take up residence in the
parents’ wishes, their marriage is voidable. Unlike in the Civil Philippines. Can their marriage be annulled on
(2018) I. Sidley and Sol were married with one (1) daughter, Code, their being step-siblings is immaterial under the Family the ground of Emmanuel’s sterility? Explain.
Solenn. Sedfrey and Sonia were another couple with one son, Code and will not render the marriage void since such is not (3%)
Sonny. Sol and Sedfrey both perished in the same plane considered incestuous nor against public policy.
accident. Sidley and Sonia met when the families of those who
(B) Yes, it can be rati ed by free cohabitation. Article 45(1) of (A) No, the suits will not prosper. As applied to foreign
died sued the airlines and went through grief-counseling
the Family Code provides that such voidable marriage may be nationals with the respect to family relations and status of
sessions. Years later, Sidley and Sonia got married. At that
rati ed by free cohabitation of the party/ies over 18 years old persons, the nationality principle set forth in Article 15 of the
time, Solenn was four (4) years old and Sonny was ve (5)
but below 21 who married without the consent of his/her Civil Code will govern the relations of Emmanuel and
years old. These two (2) were then brought up in the same
parents, by living together as husband and wife after attaining Margarita. Since they are American citizens, the governing law
household. Fifteen (15) years later, Solenn and Sonny
the age of 21. as to the ground for annulment is not Kenyan Law which
developed romantic feelings towards each other, and
Margarita invokes in support of sterility as such ground; but
eventually eloped. On their own and against their parents' Here, Solenn and Sonny freely cohabitated and lived as
should be U.S. Law, which is the national Law of both
wishes, they procured a marriage license and got married in husband and wife after attaining 21 years, then the marriage is
Emmanuel and Margarita as recognized under Philippine Law.
considered rati ed, provided that the parents have not led an

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Hence, the Philippine court will not give due course to the sexual in delity. Every act of sexual liaison is a ground for legal protects marriage as an inviolable social institution (Art. XV,
case based on Kenyan Law. The nationality principle as separation. Sec. 2, 1987 Constitution). An action for legal separation
expressed in the application of national law of foreign involves public interest and no such decree should be issued if
nationals by Philippine courts is established by precedents (2006) II. Saul, a married man, had an adulterous relation any legal obstacle thereto appears on record. This is in line
(Pilapil v. Ibay-Somera, 174 SCRA 653[1989], Garcia v. with Tessie. In one of the trysts, Saul's wife, Cecile, caught with the policy that in case of doubt, the court shall uphold
Recio, 366 SCRA 437 [2001], Llorente v. Court of Appeals them in agrante. Armed with a gun, Cecile shot Saul in a t the validity and sanctity of marriage (Brown v. Yambao, G.R.
345 SCRA 92 [2000], and Bayot v. Court of Appeals 570 of extreme jealousy, nearly killing him. Four (4) years after the No. L-10699, October 18, 1957).
SCRA 472 [2008]). incident, Saul led an action for legal separation against Cecile
(B) No, the marriage cannot be annulled under the Philippine on the ground that she attempted to kill him. Property Relations Between Spouses
law. Sterility is not a ground for annulment of marriage under a. If you were Saul's counsel, how will you argue his
Article 45 of the Family Code. case? 2.5% Absolute Community of Property Regime
b. If you were the lawyer of Cecile, what will be
Legal Separation your defense? 2.5% (2017) IX. Danny and Elsa were married in 2002. In 2012,
c. If you were the judge, how will you decide the Elsa left the conjugal home and her two minor children with
(2012) IV.a. After they got married, Nikki discovered that case? 5% Danny to live with her paramour. In 2015, Danny sold
Christian was having an a air with another woman. But Nikki without Elsa's consent a parcel of land registered in his name
decided to give it a try and lived with him for two (2) years. (A) As the counsel of Saul, I will argue that an attempt by the that he had purchased prior to the marriage. Danny used the
After two (2) years, Nikki led an action for legal separation wife against the life of the husband is one of the grounds proceeds of the sale to pay for his children's tuition fees.
on the ground of Christian’s sexual in delity. enumerated by the Family Code for legal separation and there Is the sale valid, void or voidable? Explain your answer.
is no need for criminal conviction for the ground to be (3%)
Will the action prosper? Explain. (5%)
invoked (Art. 55, par. 9, Family Code).

Although the action for legal separation has not yet (B) As the counsel of Cecile, I will invoke the adultery of Saul. The sale is void because the subject property is a community
prescribed, the prescriptive period being 5 years, if Obecido’s Mutual guilt is a ground for the dismissal of an action for legal property which was sold without the consent of one of the
a air with another woman was ended when Nikki decided to separation (Art. 56, par. 4, Family Code). The rule is anchored spouses.
live with him again, Nikki’s action will not prosper on account on a well-established principle that one must come to court Since the marriage of Danny and Elsa was celebrated during
of condonation. However, if such a air is still continuing, with clean hands. the e ectivity of the Family Code without a marriage
Nikki’s action would prosper because the action will surely be (C) If I were the judge, I will dismiss the action on the ground settlement, their property regime is absolute community of
within ve (5) years from the commission of the latest act of of mutual guilt of the parties. The Philippine Constitution property, which is the property regime that applies by default

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under the Family Code in the absence of a marriage contract of sale. A year after Nonoy and Barby signed the
The sale made by Marco is considered void. The parties were
settlement. Under the regime of absolute community, married in 1989 and no mention was made whether they contract of sale, Daday died. When the children of Nonoy and
properties acquired by the future spouses prior to the executed a marriage settlement. In the absence of a marriage Daday learned about the sale to Barby, they questioned its
celebration of the marriage shall become community property settlement, the parties shall be governed by absolute validity since Daday had not consented to the sale. Nonoy’s
after the marriage. Hence the subject property is a community community of property whereby all the properties owned by position is that Daday’s consent was not required because the
property. the spouses at the time of the celebration of the marriage as property was registered in his name.
Under the regime of absolute community, the disposition or well as whatever they may acquire during the marriage shall Is the sale to Barby valid? Explain briefly.
encumbrance of community property must have the written form part of the absolute community. In ACP, neither spouse
consent of the other spouse or the authority of the court can sell or encumber property belonging to the ACP without Yes, the sale to Barby is valid as the sale of a conjugal property
without which the disposition or encumbrance is void Here, the consent of the other. Any sale or encumbrance made by without the consent of a spouse is merely voidable.
the sale of the absolute community property by the husband one spouse without the consent of the other shall be void
The Supreme Court has clari ed that a sale of real property of
without the consent of the wife or the authority of the court although it is considered as a continuing o er on the part of
the conjugal partnership made by the husband without the
renders the sale void, whatever may be the reason for such sale. the consenting spouse upon authority of the court or written
consent of his wife is voidable. Basic is the rule that a voidable
The husband should have obtained court authorization in consent of the other spouse. (Article 96 FC)
contract is valid until annulled. The Family Code provides
selling the community property for the purpose of using the
that action to question the sale may be brought only by the
proceeds thereof to pay his children’s tuition fees. [Basis:
wife, during the marriage and within ten years from the
Articles 75, 91 and 96, Family Code; discussed in pp. 145, 147 Conjugal Partnership of Gains Regime
questioned transaction.
and 153, Vol. 1, Rabuya’s Civil Law Reviewer].
(2022) I.3. Before they married in 2000, Nonoy and Daday Here, the sale by Nonoy to Barby was voidable since it was
signed a marriage settlement wherein they agreed that their made without Daday's consent. However, the sale may no
(2015) II. Marco and Gina were married in 1989. Ten years
property relations as husband and wife would be governed by longer be questioned since Daday has already died. The sale
later, or in 1999, Gina left Marco and lived with another man,
the conjugal partnership of gains. While the marriage was thus remains to be valid.
leaving their two children of school age with Marco. When
Marco needed money for their children's education he sold a subsisting, they acquired a parcel of land using conjugal funds. In all, the sale to Barby is valid.
parcel of land registered in his name, without Gina's consent, The Register of Deeds issued a transfer certi cate of title over
(Sps. Cueno v. Sps. Bautista, G.R. No. 246445. March 02,
which he purchased before his marriage. the said land in the name of “Nonoy, married to Daday”.
2021)
Is the sale by Marco valid, void or voidable? Explain
Nonoy sold the parcel of land to Barby without Daday’s
with legal basis. (4%) (2012) III.a. Maria, wife of Pedro, withdrew P 5 Million from
consent. Daday was not aware of the sale and did not sign the
their conjugal funds. With this money, she constructed a

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building on a lot which she inherited from her father. agreeing on a complete separation of property. Gabby registered the mansion and 5-hectare agricultural land
exclusively in his name, still they are presumed to be conjugal
Is the building conjugal or paraphernal? Reasons. (5%) Thereafter, Gabby acquired a mansion in Baguio City, and a
5-hectare agricultural land in Oriental Mindoro, which he properties, unless the contrary is proved.
It depends. If the value of the building is more than the value registered exclusively in his name. (C) Since all the properties are conjugal, they can be held
of the land, the building is conjugal and the land becomes answerable for Mila's obligation if the obligation redounded to
In the year 2000, Mila’s business venture failed, and her
conjugal property under Art. 120 of the Family Code. This is a creditors sued her for P10,000,000.00. After obtaining a the bene t of the family. (Art. 121 [3], Family Code)
case of reverse accession, where the building is considered as favorable judgment, the creditors sought to execute on the However, the burden of proof lies with the creditor claiming
the principal and the land, the accessory. If, on the other hand, spouses’ house and lot and condominium unit, as well as against the properties. (Ayala Investment v. Court of Appeals,
the value of the land is more than the value of the building, Gabby’s mansion and agricultural land. G.R. No. 118305, February 12,1998, reiterated in
then the ordinary rule of accession applies where the land is Homeowners Savings & Loan Bank v. Dailo, G.R. No.
a) Discuss the status of the first and the amended 153802, March 11, 2005)
the principal and the building, the accessory. In such case, the
marriage settlements. (2%)
land remains paraphernal property and the building becomes
b) Discuss the effect/s of the said settlements on the
paraphernal property.
properties acquired by the spouses. (2%) Property Regime of Unions Without Marriage
c) What properties may be held answerable for
Separation of Property Regime Mila’s obligations? Explain. (2%) (2018) II. After nding out that his girlfriend Sandy was four
(4) months pregnant, Sancho married Sandy. Both were single
(2005) I. Gabby and Mila got married at Lourdes Church in (A) The marriage settlement between Gabby and Mila and had never been in any serious relationship in the past.
Quezon City on July 10, 1990. Prior thereto, they executed a adopting the regime of conjugal partnership of gains still Prior to the marriage, they agreed in a marriage settlement that
marriage settlement whereby they agreed on the regime of subsists. It is not dissolved by the mere agreement of the the regime of conjugal partnership of gains shall govern their
conjugal partnership of gains. The marriage settlement was spouses during the marriage. It is clear from Article 134 of the property relations during marriage. Shortly after the marriage,
registered in the Register of Deeds of Manila, where Mila is a Family Code that in the absence of an express declaration in their daughter, Shalimar, was born.
resident. In 1992, they jointly acquired a residential house and the marriage settlement, the separation of property between
Before they met and got married, Sancho purchased a parcel of
lot, as well as a condominium unit in Makati. In 1995, they the spouses during the marriage shall not take place except by
land on installment, under a Contract of Sale, with the full
decided to change their property relations to the regime of judicial order.
purchase price payable in equal annual amortizations over a
complete separation of property. Mila consented, as she was (B) The regime of conjugal partnership of gains governs the period of ten (10) years, with no down payment, and secured
then engaged in a lucrative business. The spouses then signed a properties acquired by the spouses. All the properties acquired by a mortgage on the land. The full purchase price was PhP1
private document dissolving their conjugal partnership and by the spouses after the marriage belong to the conjugal million, with interest at the rate of 6% per annum. After
partnership. Under Article 116 of the Family Code, even if

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paying the fourth (4th) annual installment, Sancho and Sandy provide for the obligation to pay the presumptive legitime of
(B) The property regime that will be liquidated is
got married, and Sancho completed the payments in the co-ownership under Article 147 of the Family Code. When a the common children. Said obligation applies only to the
subsequent years from his salary as an accountant. The man and a woman who are capacitated to marry each other liquidation of the absolute community or conjugal
previous payments were also paid out of his salary. During live exclusively with each other as husband and wife under a partnership of gains pursuant to Articles 50 and 51 of the
their marriage, Sandy also won PhP1 million in the lottery and void marriage, their wages and salaries shall be owned by them Family Code, which provisions are inapplicable to a void
used it to purchase jewelry. When things didn't work out for in equal shares and the property acquired by both of them marriage under Article 36 of the Family Code. The rules on
the couple, they led an action for declaration of nullity of through their work or industry shall be governed by the rules co-ownership apply and the properties of the parties should be
their marriage based on the psychological incapacity of both of on co-ownership (Article 147, Family Code). Sancho and liquidated in accordance with the Civil Code provisions on
them. When the petition was granted, the parcel of land and Sandy were capacitated to marry each other; however, their co-ownership [Dino v. Dino, 640 SCRA 178 (2011); Valdes v.
the jewelry bought by Sandy were found to be the only marriage was declared void under Article 36. RTC, 260 SCRA 221 (1996)].
properties of the couple.
(C) Sancho should get the parcel of land while Sandy should
(a) What is the filiation status of Shalimar? (2.5%) (2016) V. Bernard and Dorothy lived together as
get the jewelry. According to Article 147 of the Family Code,
(b) What system of property relationship will be common-law spouses although they are both capacitated to
property acquired through their work or industry by a man
liquidated following the declaration of nullity of marry. After one year of cohabitation, Dorothy went abroad
and a woman, who are capacitated to marry each other and
their marriage? (2.5%) to work in Dubai as a hair stylist and regularly sent money to
who cohabited under a void marriage, shall be governed by
(c) In the liquidation, who should get the parcel of Bernard. With the money, Bernard bought a lot. For a good
rules on co-ownership and in the absence of proof to the
land? The jewelry? (2.5%) price, Bernard sold the lot. Dorothy came to know about the
contrary, properties acquired while they live together shall be
(d) Is Shalimar entitled to payment of presumptive acquisition and sale of the lot and led a suit to nullify the sale
presumed to have been obtained by their joint e orts, work or
legitime? If yes, how much should be her share because she did not give her consent to the sale.
industry. In the given case, Sancho bought the parcel of land
and from where should this be taken? (2.5%) a. Will Dorothy's suit prosper? Decide with reasons.
and paid for it using his salary while Sandy used her winnings
from the lottery to purchase the jewelry. (2.5%)
(A) Shalimar is a legitimate child. Children conceived or born b. Suppose Dorothy was jobless and did not
before the judgment of absolute nullity of the marriage It was not established that Sandy cared for or maintained the
contribute money to the acquisition of the lot
because of psychological incapacity under Article 36 has family; hence, she should not be deemed to have contributed
and her efforts consisted mainly in the care and
to the acquisition of the parcel of land. The jewelry was
become nal and executory shall be considered legitimate maintenance of the family and household, is her
(Article 54, Family Code). Since Shalimar was born before the acquired by Sandy using her lottery winnings which she
consent to the sale a prerequisite to its validity?
obtained not by work or industry but by chance.
judgment granting the petition for declaration of absolute Explain. (2.5%)
nullity of marriage of Sancho and Sandy under Art. 36 became (D) No, Shalimar is not entitled to presumptive legitime. The
nal and executory. Shalimar is a legitimate child. liquidation of the co-ownership under Article 147 did not

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(2015) IV. Bert and Joe, both male and single, lived together inherit from the decedent in the absence of a will. Their
(A) Yes, Dorothy’s suit will prosper, unless the buyer is a
buyer in good faith and for value. The rule of co-ownership as common law spouses and agreed to raise a son of Bert's cohabitation will not vest Joe with the right to inherit from
governs the property relationship in a union without marriage living brother as their child without legally adopting him. Bert Bert. The child will likewise not inherit from Bert because of
between a man and a woman who are capacitated to worked while Joe took care of their home and the boy. In their the lack of formal adoption of the child. A mere ward or
marry.each other. Article 14 of the Family Code is speci cally 20 years of cohabitation they were able to acquire real estate “ampon” has no right to inherit from the adopting parents.
applicable. Under this article, neither party can encumber or assets registered in their names as co-owners. Unfortunately, (Manuel v. Ferrer, 247 SCRA 476)
dispose by acts inter vivos of his or her share in the property Bert died of cardiac arrest, leaving no will. Bert was survived by
c) No, because joint adoption is allowed between husband and
acquired during cohabitation and owned in common, without his biological siblings, Joe, and the boy. wife. Even if Bert and Joe are cohabiting with each other, they
the consent of the other, until after the termination of their a) Can Article 147 on co-ownership apply to Bert are not vested with the right to jointly adopt under the Family
cohabitation, thus, Bernard may not validly dispose of the lot and Joe, whereby all properties they acquired will Code or even under the Domestic Adoption Act. (Section 7,
without the consent of Dorothy as the lot was acquired be presumed to have been acquired by their joint R.A. 8552)
through their work during their cohabitation. industry and shall be owned by them in equal
shares? (2%) (2010) VII. G and B were married on July 3, 1989. On March
(B) Yes, if Dorothy was jobless and did not contribute money
b) What are the successional rights of the boy Bert 4, 2001, the marriage, which bore no o spring, was declared
to the acquisition of the lot, her consent is still a prerequisite
and Joe raised as their son? (2%) void ab initio under Article 36 of the Family Code. At the
to the validity of the sale. Under the same article, a party who
c) If Bert and Joe had decided in the early years of time of the dissolution of the marriage, the couple possessed
did not participate in the acquisition by the other party of any
property shall be deemed to have contributed jointly in the their cohabitation to jointly adopt the boy, the following properties:
would they have been legally allowed to do so?
acquisition thereof if the former’s e orts consisted in the care - a house and lot acquired by B on August 3, 1988, one
Explain with legal basis. (3%)
and maintenance of the family and the household. In this case, third (1/3) of the purchase price (representing
although the money used to buy the lot was solely from downpayment) of which he paid; one third (1/3) was paid
Bernard, Dorothy’s care and maintenance of the family and a) No, Article 147 cannot apply to Bert and Joe because the
by G on February 14, 1990 out of a cash gift given to her
household are deemed contributions in the acquisition of the law only applies to a man and a woman who are capacitated to
by her parents on her graduation on April 6, 1989; and the
lot. Article 147, 2nd paragraph is applicable, as the lot is marry each other who live together as husband and wife
balance was paid out of the spouses’ joint income; and
deemed owned in common by the common-law spouses in without the bene t of marriage or under a void marriage. In
- an apartment unit donated to B by an uncle on June 19,
equal shares as the same was acquired during their the case of Bert and Joe, they are both men so the law does not
1987.
cohabitation, without prejudice to the rights of a buyer in apply.
a. Who owns the foregoing properties? Explain.
good faith and for value. b) Neither of the two will inherit from Bert. Joe cannot inherit (5%)
because the law does not recognize the right of a stranger to b. If G and B had married on July 3, 1987 and

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their marriage was dissolved in 2007, who owns in the form of the down payment he made before the determination of ownership will remain the same as in
the properties? Explain. (5%) celebration of the marriage. The money he used to pay the question A. And even assuming that the two provisions are
down payment was not earned during the cohabitation, hence, not the same, Article 147 of the Family Code is still the law
(A) Since the marriage was declared void ab initio in 2001, no It is his exclusive property. that will govern the property relations of Band G because
Absolute Community or Conjugal Partnership was ever under Article 256, the Family Code has retroactive e ect
2) 1/3 of the house and lot is owned by G. She is an undivided
established between B and G. Their property relation is co-owner to the extent for her contribution in its acquisition insofar as it does not prejudice or impair vested or acquired
governed by a “special co-ownership under Article 147 of the when she paid 1/ 3 of the purchase price using the gift from rights under the New Civil Code or other laws. Applying
Family Code because they were capacitated to marry each her parents. Although the gift was acquired by G Article 147 retroactively to the case of G and B will not impair
other. Under that Article 147, wages and salaries of the former any vested right. Until the declaration of nullity of the
spouses” earned during their cohabitation shall be owned by during her cohabitation with B, it is her exclusive property. It marriage under the Family Code, B and G have not as yet
them in equal shares while properties acquired thru their work did not consist of wage or salary or fruit of her work or acquired any vested right over the properties acquired during
Industry. their cohabitation.
or industry shall be owned by them in proportion to their
respective contributions. Care and maintenance of the family 3) 1/3 of the house is co-owned by Band G because the
is recognized as a valuable contribution. In the absence of payment came from their co-owned funds, i.e., their joint (2010) X. In 1997, B and G started living together without
proof as to the value of their respective contributions, they income during their cohabitation which is shared by them the bene t of marriage. The relationship produced one
shall share equally. equally in the absence of any proof to the contrary. o spring, Venus. The couple acquired a residential lot in
If ownership over the house and lot was acquired by Bon After summing up their respective shares, B and G are Parañaque. After four (4) years or in 2001, G having
August 3, 1988 at the time he bought it on Installment before undivided co-owners of the house and lot in equal shares. completed her 4-year college degree as a fulltime student, she
he got married, he shall remain owner of the house and lot but and B contracted marriage without a license.
As to the apartment, it is owned exclusively by B because he
he must reimburse G for all the amounts she advanced to pay The marriage of B and G was, two years later, declared null
acquired it before their cohabitation. Even if he acquired it
the purchase price and for her one-half share in the last and void due to the absence of a marriage license.
during their cohabitation it will still be his exclusive property
payment from their joint Income. In such case, the house and because it did not come from his wage or salary, or from his a. If you were the judge who declared the nullity of
lot were not acquired during their cohabitation, hence, are not work or industry. It was acquired gratuitously from his uncle. the marriage, to whom would you award the lot?
co-owned by Band G.
(B) The answer is the same as in letter A. Since the parties to Explain briefly. (3%)
But if the ownership of the house and lot was acquired during the marriage which was later declared void ab initio were b. Is Venus legitimate, illegitimate, or legitimated?
the cohabitation, the house and lot will be owned is follows: Explain briefly. (3%)
capacitated to marry each other, the applicable law under the
1) 1/3 of the house and lot is owned by B. He is an undivided New Civil Code was Article 144. This Article is substantially
co-owner to that extent for his contribution in its acquisition the same as Article 147 of the Family Code. Hence, the (A) Since the marriage was null and void, no Absolute

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Community or Conjugal Partnership was established between bad faith. Hence, both shall be presumed in good faith and no Trial Court (RTC) for partition of the common properties
B and G. Their properties are governed by the “special forfeiture shall take place. acquired during his union with So a in the Philippines. The
co-ownership provision of Article 147 of the Family Code properties acquired during the union consisted of a house and
(B) Venus is illegitimate. She was conceived and born
because both Band G were capacitated to marry each other. outside a valid marriage. Thus, she is considered illegitimate lot in Cavite worth PhP2 million, and some personal
The said Article provides that when a man and a woman who (Article 165, Family Code). While Venus was legitimated by properties, including cash in bank amounting to PhP1
are capacitated to marry each other, live exclusively with each the subsequent marriage of her parents, such legitimation was million. All these properties were acquired using Samuel's
other as husband and wife without the bene t of marriage, or rendered ine ective when the said marriage was later on salaries and wages since So a was a stay-at-home mother. In
under a void marriage: (1) their wages and salaries shall be declared null and void due to absence of a marriage license. retaliation, So a led an action, on behalf of their minor
owned by them through their work or industry shall be children, for support.
governed by the rules on co-ownership. In co-ownership, the Under Article 178 of the Family Code, “legitimation shall take
(a) How should the properties be partitioned? (2.5%)
parties are co-owners if they contributed something of value in place by a subsequent valid marriage between parents. The
(b) Should Semuel be required to support the minor
the acquisition of the property. Their share is in proportion to annulment of a voidable marriage shall not a ect the
children? (2.5%)
their respective contributions. In an ordinary co-ownership legitimation. The inclusion of the that the Article’s
the care and maintenance of the family is not recognized as a application is limited to voidable marriages. It follows that
when the subsequent marriage is null and void, the (A) The properties should be divided equally between So a
valuable contribution for the acquisition of a property. In the
legitimation must also be null and void. In the present and Semuel. The property relations of So a and Semuel is
Article 147 “special co-ownership”, however, care and
problem, the marriage between Band G was not voidable but governed by Article 147 of the Civil Code, because they lived
maintenance is recognized as a valuable contribution which
void. Hence, Venus has remained an illegitimate child. exclusively with each other as husband and wife and they were
will entitle the contributor to half of the property acquired.
capacitated to marry each other. Under the said provision, the
Having been acquired during their cohabitation, the wages and salaries of So a and Semuel shall be owned by them
residential lot is presumed acquired through their joint work Judicial Separation of Property in equal shares; hence, the cash in the bank from Semuel’s
and industry under Article 147, hence, B and G are co-owners salaries and wages is co-owned by Semuel and So a in equal
of the said property in equal shares. shares. Article 147 also provides that the property acquired by
(2018) XVII.
Article 147 also provides that when a party to the void the partners through their work or industry shall be governed
So a and Semuel, both unmarried, lived together for many by the rules on co-ownership and in the absence of proof to
marriage was in bad faith, he forfeits his share in the years in the Philippines and begot three children. While So a
co-ownership in favor of the common children or the contrary, properties acquired during the cohabitation shall
stayed in the Philippines with the children, Semuel went be presumed to have been obtained by their joint e orts, work
descendants. In default of children or descendants, the
abroad to work and became a naturalized German citizen. He
forfeited share shall belong to the innocent party. In the or industry and shall be owned by them in equal shares.
met someone in Germany whom he wanted to marry. Semuel Article 147 provides further that if the e orts of one of the
foregoing problem, there is no showing that one party was in
thereafter came home and led a petition with the Regional
parties consisted in the care and maintenance of the family and

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of the household, he or she is deemed to have contributed education. When Sabina was 21 years old, Sinclair's wife of
Is the contention of Carlito tenable? (4%)
jointly in the acquisition of the property even if he or she did many years died. Sinclair and Ste lost no time in legitimizing
not participate in the acquisition by the other party of the said their relationship. After the 40-day prayers for Sinclair's late
No, the contention of Carlito is not tenable. In the case of
property. So a, as a stay-at-home mother, cared for and wife, Sinclair and Ste got married without a marriage license,
Patricio v. Dario (G.R. No. 170829, November 20, 2006), it
maintained the family, consequently, she is deemed to have claiming that they have been cohabiting for the last 20 years.
was provided that to be a bene ciary of a family home three
contributed in the acquisition of the house and lot. As
requisites must concur: (1) they must be among the After graduating from college, Sabina decided to enroll in law
co-owner, So a is entitled to one- half of the property. school. Sinclair said that he was not willing to pay for her
relationships enumerated in Article 154 of the Family Code;
(B) Yes, Semuel should be required to support the minor (2) they live in the family home, and (3) they are dependent school fees since she was no longer a minor. Sinclair claimed
children. Parents and their illegitimate children are obliged to for legal support upon the head of the family. In the said case, that, if Sabina wanted to be a lawyer, she had to work and
support each other (Article 195, Family Code). Semuel is the partition of a family home is allowed despite the objection spend for her law education.
required to support his illegitimate children with So a. The on the ground that a minor grandchild still resides in the (a) What is Sabina's filiation status? (2.5%)
children are illegitimate, because they were conceived and born premises. Although the rst two requisites are present in this (b) Is Sinclair legally required to finance Sabina's
outside a valid marriage [Article 165, Family Code]. case, the third is lacking because Lucas, the grandchild, is not law education? (2.5%)
dependent for legal support upon his grandparents which is
the head of the family who constituted the family home in this
(A) Sabina is an illegitimate child of Sinclair and Ste because
The Family Home case. Lucas still has parents who are legally obliged to support she was conceived and born outside a valid marriage (Article
him. Thus, he cannot be deemed as dependent for legal
165, Family Code). She was not legitimated by the subsequent
(2014) XVII. On March 30, 2000, Mariano died intestate support upon the head of the family, who is Mariano.
marriage between Sinclair and Ste . Only children conceived
and was survived by his wife, Leonora, and children, Danilo and born outside of wedlock of parents who, at the time of
and Carlito. One of the properties he left was a piece of land in conception of the former, were not disquali ed by any
Alabang where he built his residential house. Paternity and Filiation impediment to marry each other may be legitimated (Art. 177,
After his burial, Leonora and Mariano’s children Family Code). At the time of Sabina’s conception, her parents
extrajudicially settled his estate. Thereafter, Leonora and Concepts of Paternity, Filiation, and Legitimacy were disquali ed by an impediment to marry each other,
Danilo advised Carlito of their intention to partition the because Sinclair was married to someone else.
property. Carlito opposed invoking Article 159 of the Family (2018) X. Sinclair and Ste had an illicit relationship while
(B) Yes, he is legally required to nance Sabina’s education.
Code. Carlito alleged that since his minor child Lucas still Sinclair was married to another. The relationship produced a
Support comprises everything indispensable for education
resides in the premises, the family home continues until that daughter Sabina, who grew up with her mother. For most
among other things in keeping with the nancial capacity of
minor bene ciary becomes of age. parts of Sabina's youth, Ste spent for her support and
the family. The education of the person entitled to be

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supported shall include his schooling or training for some birth of the child (Art. 164, Family Code). (2.5%)
profession even beyond the age of majority (Art. 194, Family c. Who of the two can exercise parental authority
(B) The following are the requirements for Ed to establish his
Code). Parents and their illegitimate children are obliged to over the child? Explain. (2.5%)
paternity over Alvin:
support each other (Article 195, Family Code). Considering d. Is the child entitled to support and inheritance
the foregoing rules, Sinclair is enjoined by law to nance a. The arti cial insemination has been authorized or rati ed by from Gigolo? Explain. (2.5%)
Sabrina’s law education even beyond the age of majority. the spouses in a written instrument executed and signed by
them before the birth of the child; and
(A) As her lawyer, I can le a petition for habeas corpus on
(2006) III. Ed and Beth have been married for 20 years b. The written instrument is recorded in the civil registry behalf of Majorette to recover custody of her child. Since she is
without children. Desirous to have a baby, they consulted Dr. together with the birth certi cate of the child (Art. 164, 2nd the mother of the child that was born out of wedlock, she has
Jun Canlas, a prominent medical specialist on human fertility paragraph, Family Code). exclusive parental authority and custody over the child.
.He advised Beth to undergo arti cial insemination. It was Gigolo, therefore, has no right to have custody of the child and
found that Ed's sperm count was inadequate to induce his refusal to give up custody will constitute illegal detention
pregnancy. Hence, the couple looked for a willing donor. Legitimate Children for which habeas corpus is the proper remedy.
Andy, the brother of Ed, readily consented to donate his (B) No, he cannot. Both he and Majorette are guilty of
Who are Legitimate Children
sperm. After a series of tests, Andy's sperm was medically violating the provision of the Anti-Child Abuse Law
introduced into Beth's ovary. She became pregnant and 9 (2010) VI. Gigolo entered into an agreement with Majorette (RA7610) on child tra cking. Being in part delicto, the
months later, gave birth to a baby boy, named Alvin. for her to carry in her womb his baby via in vitro fertilization. parties shall be left where they are and Gigolo cannot demand
a. Who is the father of Alvin? Explain. 2.5% Gigolo undertook to underwrite Majorette’s pre-natal the return of what he paid.
b. What are the requirements, if any, in order for expenses as well as those attendant to her delivery. Gigolo (C) Majorette, the mother, can exercise parental authority.
Ed to establish his paternity over Alvin. 2.5% would thereafter pay Majorette P2 million and, in return, she Since the child was born out of wedlock, the child is
would give custody of the baby to him. illegitimate and the mother has the exclusive parental
(A) Andy is the biological father of Alvin being the source of After Majorette gives birth and delivers the baby to Gigolo authority and custody over the child.
the sperm. Andy is the legal father of Alvin because there was following her receipt of P2 million, she engages your services as (D) If Gigolo voluntarily recognized the child as his
neither consent nor rati cation to the arti cial insemination. her lawyer to regain custody of the baby. illegitimate child in accordance with Article 175 in relation to
Under the law, children conceived by arti cial insemination
a. What legal action can you file on behalf of Article 172 of the Family Code, the child is entitled to support
are legitimate children of the spouses, provided, that both of
Majorette? Explain. (2.5%) and inheritance from Gigolo.
them authorized or rati ed the insemination in a written
b. Can Gigolo demand from Majorette the return
instrument executed and signed by both of them before the
of the P2 million if he returns the baby? Explain. Grounds to Impugn Legitimacy

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(2010) IV. Spouses B and G begot two o springs. Albeit they (2015) III. Julie had a relationship with a married man who the status of an illegitimate child but pursuant to Article 175,
had serious personality di erences, the spouses continued to had legitimate children. A son was born out of that illicit he or she must le the action for recognition during the
live under one roof. B begot a son by another woman. G also relationship in 1981. Although the putative father did not lifetime of the putative father. The provision of Article 285 of
begot a daughter by another man. recognize the child in his certi cate of birth, he nevertheless the Civil Code allowing the child to le the action for
provided the child with all the support he needed and spent recognition even after the death of the father will not apply
a. If G gives the surname of B to her daughter by
another man, what can B do to protect their time regularly with the child and his mother. When the man because in the case presented, the child was no longer a minor
died in 2000, the child was already 18 years old so he led a at the time of death of the putative father.
legitimate children's interests? Explain. (5%)
b. If B acquiesces to the use of his surname by G’s petition to be recognized as an illegitimate child of the
b) No, I will not approve the compromise agreement because
daughter by another man, what is/are the putative father and sought to be given a share in his putative liation is a matter to be decided by law. It is not for the parties
consequence/s? Explain. (5%) father's estate. The legitimate family opposed, saying that to stipulate whether a person is a legitimate or illegitimate
under the Family Code his action cannot prosper because he child of another. (De Jesus v. Estate of Dizon 366 SCRA 499)
did not bring the action for recognition during the lifetime of In all cases of illegitimate children, their liation must be duly
(A) B can impugn the status of G’s daughter by another man
his putative father. proved. (Article 887, Civil Code)
as his legitimate daughter on the ground that for biological
reason he could not have been the father of the child, a fact a) If you were the judge in this case, how would you
that may be proven by the DNA test. Having been born rule? (4%) (2005) IV. Steve was married to Linda, with whom he had a
during the marriage between B and G, G’s daughter by b) Wishing to keep the peace, the child during the daughter, Tintin. Steve fathered a son with Dina, his secretary
another man is presumed as the child of B under Article 164 pendency of the case decides to compromise with of 20 years, whom Dina named Joey, born on September 20,
of the Family Code. In the same action to impugn, B can pray his putative father's family by abandoning his 1981. Joey’s birth certi cate did not indicate the father’s
for the correction of the status of the said daughter in her petition in exchange for 1/2 of what he would name. Steve died on August 13, 1993, while Linda died on
record of birth. have received as inheritance if he were recognized December 3, 1993, leaving their legitimate daughter, Tintin, as
as an illegitimate child. As the judge, would you sole heir. On May 16, 1994, Dina led a case on behalf of Joey,
(B) If B acquiesces and does not le the action to impugn the
approve such a compromise? (2%) praying that the latter be declared an acknowledged
legitimacy of the child within the prescriptive period for doing
so in Article 170 of the Family Code, G’s daughter by another illegitimate son of Steve and that Joey be given his share in
man shall be conclusively presumed as the legitimate daughter a) If I were the judge, I will not allow the action for Steve’s estate, which is now being solely held by Tintin. Tintin
of B by G. recognition led after the death of the putative father. Under put up the defense that an action for recognition shall only be
the Family Code, an illegitimate child who has not been led during the lifetime of the presumed parents and that the
recognized by the father in the record of birth, or in a private exceptions under Article 285 of the Civil Code do not apply
Illegitimate Children handwritten instrument, or in a public document and may to him since the said article has been repealed by the Family
prove his liation based on open and continuous possession of

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Code. In any case, according to Tintin, Joey’s birth certi cate March 19, 1985) Consequently, the action led by Joey's both Andy and Aimee, registered the status of Gianna as
does not show that Steve is his father. mother has already prescribed. "legitimate", her surname carrying that of Andy's and that her
a) Does Joey have a cause of action against Tintin (B) Yes, the defenses of Tintin are tenable. In Tayag v. Court parents were married to each other.
for recognition and partition? Explain. (2%) of Appeals (G.R. No. 95229, June 9,1992), a complaint to a. Can a judicial action for correction of entries in
b) Are the defenses set up by Tintin tenable? compel recognition of an illegitimate child was brought before Gianna's birth certificate be successfully
Explain. (2%) e ectivity of the Family Code by the mother of a minor child maintained to:
c) Supposing that Joey died during the pendency of based on "open and continuous possession of the status of an i. Change her status from "legitimate" to
the action, should the action be dismissed? illegitimate child." The Supreme Court held that the right of "illegitimate" (1%); and
Explain. (2%) action of the minor child has been vested by the ling of the ii. Change her surname from that of Andy's to
complaint in court under the regime of the Civil Code and Aimee's maiden surname? (1%)
(A) No, Joey does not have a cause of action against Tintin for prior to the e ectivity of the Family Code. The ruling in Tayag b. Instead of a judicial action, can administrative
recognition and partition. Under Article 175 of the Family v. Court of Appeals nds no application in the instant case. proceedings be brought for the purpose of
Code, as a general rule, an action for compulsory recognition Although the child was born before the e ectivity of the making the above corrections? (2%)
of an illegitimate child can be brought at any time during the Family Code, the complaint was led after its e ectivity. c. Assuming that Aimee is successful in declaring
lifetime of the child. However, if the action is based on "open Hence, Article 175 of the Family Code should apply and not her former marriage void, and Andy and Aimee
and continuous possession of the status of an illegitimate Article 285 of the Civil Code. subsequently married each other, would Gianna
child, the same can be led during the lifetime of the putative be legitimated? (1%)
(C) If Joey died during the pendency of the action, the action
father." should still be dismissed because the right of Joey or his heirs
to le the action has already prescribed. (Art. 175, Family (A) Yes, a judicial action for correction of entries in Gianna's
In the present case, the action for compulsory recognition was
Code) birth certi cate can be successfully maintained to change (a)
led by Joey's mother, Dina, on May 16,1994, after the death
her status from "legitimate" to "illegitimate," and (b) her
of Steve, the putative father. The action will prosper if Joey
can present his birth certi cate that bears the signature of his surname from that of Andy's to Aimee's maiden surname in
Legitimated Children
accordance with Rule 108 of the Rules of Court because said
putative father. However, the facts clearly state that the birth
changes are substantive corrections.
certi cate of Joey did not indicate the father's name. A birth (2008) IV. Gianna was born to Andy and Aimee, who at the
certi cate not signed by the alleged father cannot be taken as a time Gianna's birth were not married to each other. While (B) No. An administrative proceeding cannot be brought for
record of birth to prove recognition of the child, nor can said Andy was single at the time, Aimee was still in the process of the purpose of making the above corrections. R.A. 9048,
birth certi cate be taken as a recognition in a public securing a judicial declaration of nullity on her marriage to her otherwise known as the Clerical Error Act, which authorizes
instrument. (Reyes v. Court of Appeals, G.R. No. 39537, ex-husband. Gianna's birth certi cate, which was signed by the city or municipal civil registrar or the consul general to

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correct a clerical or typographical error in an entry and/or advantages of a legitimate child, Selena and Sam decided to co-petitioner because for Maria, it was her former husband
change the rst name or nickname in the civil register without adopt her. Sam's parents, already opposed to the marriage of Esteban who raised the kids.
need of a judicial order. Errors that involve the change of their son to someone signi cantly older, vehemently objected
If you are the judge, how will you resolve the petition?
nationality, age, status, surname or sex of petitioner are not to the adoption. They argued that Sam was not old enough
(4%)
included from the coverage of the said Act (Silverio v. and that the requisite age gap required by the Inter-Country
Republic, G.R. No. 174689, 22 Oct., 2007). Adoption Act between Sam as adopter and Suri as adoptee
I will deny the petition for adoption. According to R.A. 8552
was not met.
(C) Gianna cannot be legitimated by the subsequent marriage or the Domestic Adoption Act of 1998, a husband and wife
of Andy and Aimee. Art. 177 of the FC provides that "only Are Sam's parents correct? (2.5%) must jointly adopt except in the following cases: 1) if one
children conceived and born outside of wedlock of parents spouse seeks to adopt the legitimate child of the other; 2) if
who, at the time of the conception of the former, were not No, Sam’s parents are incorrect. Under Section 9 of Republic one spouse seeks to adopt his/her own illegitimate child,
disquali ed by any impediment to marry each other may be Act No. 8043 or the Inter-Country Adoption Act of 1995, provided that the other spouse signi ed their consent thereto;
legitimated." In the present case, a legal impediment was the requirement that the adopter must be at least twenty-seven or 3) if the spouses are legally separated from each other.
existing at the time of the conception of Gianna. Her mother, years of age and at least sixteen years older than the adoptee
In this case, since Daniel and Maria do not fall under any of
Aimee, was still alive in the process of securing judicial does not apply if the adopter is the spouse of the parent by
the exceptions enumerated above, they must jointly adopt as
declaration of nullity on her marriage to her ex-husband. nature of the adoptee. Since, Sam is the spouse of Selena, who required by law.
is the parent by nature of Suri, Sam may adopt Suri even if he
is below twenty- seven years of age and is not at least sixteen
Adopted Children (2012) V.a. Spouses Primo and Monina Lim, childless, were
years older than the adoptee.
entrusted with the custody of two (2) minor children, the
Who May Adopt parents of whom were unknown. Eager of having children of
(2014) XXVIII. Spouses Esteban and Maria decided to raise
their own, the spouses made it appear that they were the
(2018) XVI. Selena was a single 18-year old when she got their two (2) nieces, Faith and Hope, both minors, as their
children’s parents by naming them Michelle P. Lim and
pregnant and gave birth to Suri. She then left to work as a own children after the parents of the minors died in a Michael Jude Lim. Subsequently, Monina married Angel
caregiver in Canada, leaving Suri with her parents in the vehicular accident. Olario after Primo’s death.
Philippines. Selena, now 34 years old and a permanent Ten (10) years after, Esteban died. Maria later on married her
She decided to adopt the children by availing the amnesty
resident in Canada, met and married Sam who is a 24-year old boss Daniel, a British national who had been living in the
given under R.A. 8552 to those individuals who simulated the
Canadian citizen who works as a movie star in Canada. Sam's Philippines for two (2) years.
birth of a child. She led separate petitions for the adoption of
parents are of Filipino ancestry but had become Canadian
With the permission of Daniel, Maria led a petition for the Michelle, then 25 years old and Michael, 18. Both Michelle
citizens before Sam was born. Wanting Suri to have all the
adoption of Faith and Hope. She did not include Daniel as her and Michael gave consent to the adoption.

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The trial court dismissed the petition and ruled that Monina b. If there was no legal separation, can Rex still severe heart ailment. During the pendency of the adoption
should have led the petition jointly with her new husband. adopt his illegitimate child? Explain. (2.5%) proceedings, Rafael died of natural causes. The O ce of the
Monina, in a Motion for Reconsideration argues that mere Solicitor General les a motion to dismiss the petition on the
consent of her husband would su ce and that joint adoption (A) The consent of the 14-year-old legitimate child, of the ground that the case can no longer proceed because of the
is not needed, for the adoptees are already emancipated. 10-year-old illegitimate child, and of the biological mother of petitioner’s death.
the illegitimate child are needed for the adoption. (Section 7 a. Should the case be dismissed? Explain. (2%)
Is the trial court correct in dismissing the petitions for and 9, RA 8552). The consent of Lei is no longer required b. Will your answer be the same if it was Dolly who
adoption? Explain. (5%) because there was already a nal decree of legal separation. died during the pendency of the adoption
(B) Yes, he can still adopt his illegitimate child but with the proceedings? Explain. (2%)
Yes, the trial court was correct. At the time the petitions for
adoptions were led, petitioner had already remarried. Under consent of his spouse, of his 14-year-old legitimate child, of
the law, husband and wife shall adopt jointly, except in the the illegitimate child, and of the biological mother of the (A) It depends on the stage of the proceedings when Rafael
illegitimate child (Section 7 and 9, RA 8552). died. If he died after all the requirements under the law have
cases enumerated in the law. The adoption cases of Michelle
and James do not fall in any of the exceptions provided in the been complied with and the case is already submitted for
(2010) IX. Eighteen-year old Filipina Patrice had a daughter resolution, the court may grant the petition and issue a decree
law where a spouse is permitted to adopt alone. Hence,
out of wedlock whom she named Laurie. At 26, Patrice of adoption despite the death of the adopter (Section 13, RA
Monina should adopt jointly with her husband Angel
(Adoption of Michelle P. Lim, G.R. Nos. 168992-93, May 21, married American citizen John who brought her to live with 8552). Otherwise, the death of the petitioner shall have the
him in the United States of America. John at once signi ed his e ect terminating the proceedings.
2009).
willingness to adopt Laurie. (B) No, if it was Dolly who died, the case should be dismissed.
(2010) VIII. Spouses Rex and Lea bore two children now Can John file the petition for adoption? If yes, what are Her death terminates the proceedings (Art. 13, Domestic
aged 14 and 8. During the subsistence of their marriage, Rex the requirements? If no, why? (5%) Adoption Law).
begot a child by another woman. He is now 10 years of age.
No, John cannot le the petition to adopt alone. Philippine (2008) V. Despite several relationships with di erent women,
On Lea’s discovery of Rex’s fathering a child by another
woman, she led a petition for legal separation which was law requires husband and wife to adopt jointly except in Andrew remained unmarried. His rst relationship with
granted. certain situations enumerated in the law. The case of John Brenda produced a daughter, Amy, now 30 years old. His
does not fall in any of the exceptions. (R.A. 8552). second, with Carla, produced two sons: Jon and Ryan. His
Rex now wants to adopt his illegitimate child. third, with Donna, bore him no children although Elena has a
a. Whose consent is needed for Rex’s adoption of his (2009) XIII. Rafael, a wealthy bachelor, led a petition for daughter Jane, from a previous relationship. His last, with Fe,
illegitimate child? (2.5%) the adoption of Dolly, a one-year old foundling who had a produced no biological children but they informally adopted

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without court proceedings, Sandy's now 13 years old, whom written consent of the other children mentioned above, b) Would your answer be the same if they sought to
they consider as their own. Sandy was orphaned as a baby and including Amy and Elena obtains the written consent of Jane, adopt Eva’s illegitimate daughter? Explain. (2%)
was entrusted to them by the midwife who attended to if she is over ten years old (Sec. 9(d), RA 8552). c) Supposing that they filed the petition to adopt
Sandy's birth. All the children, including Amy, now live with Vicky in the year 2000, will your answer be the
(B) Andrew, in his old age, cannot be legally entitled to claim
andrew in his house. support because Art. 195, par 2 of the FC limits the giving of same? Explain. (2%)
a. Is there any legal obstacle to the legal adoption of support to "legitimate ascendants and descendants."
Amy by Andrew? To the legal adoption of Sandy (A) The government's position is untenable. Under paragraph
(C) Amy, Jon, Ryan, Vina, Wilma and Sandy cannot legally 3, Article 184 of the Family Code, an alien, as a general rule
by Andrew and Elena? (2%)
claim support from each other because Art. 195, par 5 limits
b. In his old age, can Andrew be legally entitled to cannot adopt. However, an alien who is a former Filipino
the giving of support to "legitimate brothers and sisters, citizen and who seeks to adopt a relative by consanguinity is
claim support from Amy, Jon, Ryan, Vina, whether full or half blood."
Wilma, and Sandy assuming that all of them quali ed to adopt, (par. 3[a], Art. 184, Family Code)
have the means to support him? (1%) (D) Yes. Jon and Jane can marry each other; Jon is an
In the given problem, Eva, a naturalized American citizen
c. Can Amy, Jon, Ryan, Vina, Wilma, and Sandy illegitimate child of Andrew while Jane is a child of Elena
would like to adopt Vicky, a 7-year old daughter of her sister.
legally claim support from each other? (2%) from a previous relationship. Thus, their marriage is not one
Thus, under the above-cited provision, Eva is quali ed to
d. Can Jon and Jane legally marry? (1%) of the prohibited marriages enumerated under Art. 38 of the adopt Vicky.
FC.
(B) My answer will still be the same. Paragraph 3(a) of Article
(A) Yes, there is a legal obstacle to the legal adoption of Amy 184 of the Family Code does not make any distinction. The
by Andrew. Under Sec. 9(d) of RA 8552, the New Domestic (2005) V. In 1984, Eva, a Filipina, went to work as a nurse in
provision states that an alien who is a former Filipino citizen is
Adoption Act of 1998, the written consent of the illegitimate the USA. There, she met and fell in love with Paul, an
quali ed to adopt a relative by consanguinity.
sons/daughters, ten (10) years of age or over, of the adopter, if American citizen, and they got married in 1985. Eva acquired
living with said adopter and the latter's spouse, if any, is American citizenship in 1987. During their sojourn in the (C) Yes, my answer will still be the same. Under Sec. 7(b), Art.
necessary to the adoption. All the children of Andrew are Philippines in 1990, they led a joint petition for the adoption III of the New Domestic Adoption Act, an alien who
living with him. Andrew needs to get the written consent of of Vicky, a 7-year old daughter of Eva’s sister. The possesses all the quali cations of a Filipino national who is
Jon, Ryan, Vina and Wilma, who are all ten (10) years old or government, through the O ce of the Solicitor General, quali ed to adopt may already adopt provided that his
more. Sandy's consent to Amy's adoption is not necessary opposed the petition on the ground that the petitioners, being country has diplomatic relations with the Philippines, that he
because she was not legally adopted by Andrew. Jane's consent both foreigners, are disquali ed to adopt Vicky. has been living in the Philippines for at least three (3)
is likewise not necessary because she is not a child of Andrew. continuous years prior to the ling of the application for
a) Is the government’s opposition tenable? Explain.
Sandy, an orphan since birth, is eligible for adoption under adoption and maintains such residence until the adoption
(2%)
Sec. 8(f) of RA 8552, provided that Andrew obtains the decree is entered, that he has been certi ed by his diplomatic

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or consular o ce or any appropriate government agency that and that adoption is allowed under the national law of the rendering G unable to support herself and the
he has the legal capacity to adopt in his country, and that his alien. Moreover, it must be further shown that all possibilities children. Can G still ask for support pendente
government allows the adoptee to enter his country as his for a domestic adoption have been exhausted and the lite from B? Explain. (3%)
adopted child. inter-country adoption is best for the interest of the child. b. Suppose in late 2004 the two children had
squandered the P3 million fund for their
Hans and Rhoda have to le an application to adopt Magno,
(2005) VI. Hans Herber, a German national, and his Filipino either with the Regional Trial Court having jurisdiction over education before they could obtain their college
wife, Rhoda, are permanent residents of Canada. They desire Magno or with the Inter-Country Adoption Board in Canada. degrees, can they ask for more support from B?
so much to adopt Magno, an 8-year old orphaned boy and a Hans and Rhoda will then undergo a trial custody for six (6) Explain. (3%)
baptismal godson of Rhoda. Since the accidental death of months from the time of placement. It is only after the lapse
Magno’s parents in 2004, he has been staying with his aunt of the trial custody that the decree of adoption can be issued. (A) Yes, G can still ask for support from B because during the
who, however, could hardly a ord to feed her own family. pendency of the action, the marriage between them is
Unfortunately, Hans and Rhoda cannot come to the considered still subsisting (Article 68, Family Code). Being
Philippines to adopt Magno although they possess all the Support considered still married to each other, Band G still have the
quali cations as adoptive parents. obligation to support each other. The compromise agreement
cannot operate to waive future support when needed (Article
Is there a possibility for them to adopt Magno? How (2010) V. G led on July 8, 2000 a petition for declaration of
2035, Civil Code).
should they go about it? (5%) nullity of her marriage to B. During the pendency of the case,
the couple entered into a compromise agreement to dissolve After the compromise agreement was approved by the court
Yes, it is possible for Hans and Rhoda to adopt Magno. their absolute community of property. B ceded his right to and the properties of the marriage were distributed, there
Republic Act No. 8043 or the Inter-Country Adoption Act, their house and lot and all his shares in two business rms to G remained no more common properties of B and G. While
allows aliens or Filipinos permanently residing abroad to apply and their two children, aged 18 and 19. Article 198 of the Family Code appears to limit the source of
for inter-country adoption of a Filipino child. The law support to the common properties of the said marriage in case
B also opened a bank account in the amount of P3 million in
however requires that only legally free child, or one who has of the pendency of an action to declare the nullity of marriage,
the name of the two children to answer for their educational
been voluntarily or involuntarily committed to the DSWD or Article 94 and Article 121 Indicate otherwise. Under the said
expenses until they nish their college degrees.
any of its accredited agencies, may be subject of inter- country Articles, the spouses remain personally and solidarily liable
For her part, G undertook to shoulder the day-to-day living with their separate properties for support even though, for
adoption. The law further requires that aside from possessing
expenses and upkeep of the children. The Court approved the whatever reason, there are no more community or partnership
all the quali cations, the adoptive parents must come from a
spouses’ agreement on September 8, 2000. properties left.
country where the Philippines has diplomatic relations and
that the government maintains a similarly accredited agency a. Suppose the business firms suffered reverses, The judgment based on the compromise dissolving the

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property relations of B and G does not bar G from asking Family Code is to avoid the tragedy of a mother who sees her (2022) II.8. How does the New Civil Code distinguish
support pendente lite. The dissolution of the property baby torn away from her. It is said that the maternal a ection between immovable and movable properties?
relations of the spouses did not terminate the obligation and care during the early years of the child are generally needed
Explain briefly and give two examples for each.
between them to support each other. The declaration of the by the child more than paternal care (Hontiveros v. IAC, G.R.
nullity of their marriage is what terminates the right of G to be No. 64982, October 23, 1984; Tolentino, Commentaries and
The New Civil Code distinguishes immovable and movable
supported by B as his spouse. Jurisprudence on the Civil Code, Volume One, pp. 718-719).
properties by their mobility. Immovable properties are
The general rule is that a child below 7 years old shall not be
(B) Yes, the two children can still ask for support for classi ed according to its nature (trees and plants), by
schooling or training for some profession, trade or vocation, separated from his mother due to his basic need for her loving
incorporation (building), by destination or purpose
care (Espiritu v. C.A., G.R. No. 115640, March 15,1995).
even beyond the age of majority until they shall have nished (machinery), and by analogy (right of usufruct). On the other
or completed their education Article 194, Paragraph 2, Family (B) hand, property is classi ed as movable if it is capable of being
Code Javier v. Lucero, 94 Phil. 634 [1954]). Their having carried from place to place (test by description); if such change
a. The mother is insane (Sempio-Diy, Handbook on the
squandered the money given to them for their education will Family Code of the Philippines, pp. 296-297); in location can be made without injuring the real property to
not deprive them of their right to complete an education, or to which it may in the meantime be attached (test by
extinguish the obligation of the parents to ensure the future of b. The mother is sick with a disease that is com- municable and description), and if the object is not one of those enumerated
their children. might endanger the health and life of the child; in Art 415 (test by exclusion).
c. The mother has been maltreating the child;
Examples of movable properties are cars and mobile devices,
d. The mother is engaged in prostitution; while immovable properties are houses and trees.
Parental Authority
e. The mother is engaged in adulterous relationship;
(2019) A.8. Mr. E leased a piece of land from Mr. F to be
(2006) I. Under Article 213 of the Family Code, no child f. The mother is a drug addict;
used for his sawmill business for a period of ten (10) years.
under 7 years of age shall be separated from the mother unless g. The mother is a habitual drunk or an alcoholic; Consequently, Mr. E placed heavy machineries thereon to be
the court nds compelling reasons to order otherwise.
h. The mother is in jail or serving sentence. used for his aforementioned business, with the intention of
a. Explain the rationale of this provision. 2.5% removing them after the expiration of the lease period.
b. Give at least 3 examples of "compelling reasons"
which justify the taking away from the mother's
Property, Ownership, and its Are Mr. E's heavy machineries considered real properties

custody of her child under 7 years of age. 2.5% Modifications under the Civil Code? Explain. (3%)

No, Mr. E's heavy machineries are not considered real

(A) The rationale of the 2nd paragraph of Article 213 of the Classi cation of Property
properties under the Civil Code. Art. 415 (5) of the Civil

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Code provides that machinery, receptacles, instruments or movable property? growing fruits, while they are attached to the land or form an
implements intended by the owner of the tenement for an integral part of an immovable, the petroleum operation
industry or works which may be carried on in a building or on (A) The platform is an immovable property under Art. 415 facility.
a piece of land, and which tend directly to meet the needs of (9) NCC, which provides that "docks and structures which,
the said industry or works are immovable property. though oating, are intended by their nature and object to
Machinery which is movable in its nature only becomes remain at a xed place on a river, lake or coast." Since the Bundle of Rights
immobilized when placed in a plant by the owner of the oating platform is a petroleum operation facility, it is
intended to remain permanently where it is situated, even if it Ownership
property or plant, but not when so placed by a tenant, a
usufructuary, or any person having only a temporary right, is tethered to a ship which is anchored to the seabed.
Rights of Accession
unless such person acted as the agent of the owner. Here, Mr. (B) The thing and living quarters of the crew are immovable
E is a mere lessee and not the owner of the property or plant, property under Art. 415(3) NCC, classi es as an immovable Actions to Recover Ownership and Possession of
thus the aforementioned heavy machineries are not real "everything attached to an immovable in a xed manner, in Property
properties within the contemplation of Art. 415 (5) (Davao such a way that it cannot be separated therefrom without
Saw Mill Co. v. Castillo, G.R. No. L- 40411, August 7, 1935). Co-Ownership
breaking the material or deterioration of the object." Both the
equipment and the living quarters are permanently attached Possession
(2007) II. Manila Petroleum Co. owned and operated a to the platform which is also an immovable. The equipment
petroleum operation facility o the coast of Manila. The can also be classi ed as an immovable property under Art. 415 Usufruct
facility was located on a oating platform made of wood and (5) NCC because such equipment are "machinery, receptacles,
Easements
metal, upon which was permanently attached the heavy instruments or implements intended by the owner of the
equipment for the petroleum operations and living quarters of tenement for an industry or works which may be carried on in
a building or on a piece of land and which tend directly to Ownership
the crew. The oating platform likewise contained a garden
area, where trees, plants and owers were planted. The meet the needs of the industry or works." It is logically
platform was tethered to a ship, the MV 101, which was assumed that the petroleum industry may be carried on in a (2021) 8. Believing that a parcel of land was public land, a
anchored to the seabed. building or on a piece of land and the platform is analogous to farmer built a two-story concrete house on it. Five years later, a
a building. person showed up bearing an original certi cate of title over
a. Is the platform movable or immovable property?
the lot which had been registered for more than 10 years. The
b. Are the equipment and living quarters movable (C) The trees, plants and owers planted in the garden area of
person asked the farmer to vacate the parcel of land.
or immovable property? the platform are immovable property under Art. 415 (2) NCC
c. Are the trees, plants and flowers immovable or which classi es as an immovable property "trees, plants and
The farmer refused to vacate unless the titled owner pays the

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fair market value of the house built on the parcel of land. the encroachment since he was privy to the plans and visited station.
the property regularly. Later, the cousins had a falling out and
Does the farmer have legal ground to demand payment One month after, Francisco, with the aid of a group of armed
for the house before vacating the parcel of land? Explain Santi demanded that the portion of the apartments that men, caused the closure of the gasoline station by constructing
briefly. encroached on his land be demolished. fences around it.
Can Santi successfully file legal action to require the Was the act of Francisco and his men lawful? Why?
No, the farmer cannot legally demand for payment before demolition? (5%) (4%)
vacating as he is a builder in bad faith.
Article 449 of the New Civil Code provides that he who No, Santi cannot successfully le a legal action to require the No, the act of Francisco and his men were not lawful. Even
builds, plants or sows in bad faith on the land of another, loses demolition. Since the builder and the landowner both acted in when one has a right, such as the right to enjoy his property
what is built, planted or sown without right to indemnity. A bad faith, their rights shall be the same as though both had and to exclude anyone else from the enjoyment of such, a
builder in bad faith is one who builds on land not belonging acted in good faith (Article 453, Civil Code). Sammy is not a person cannot take the law unto his own hands and must still
to him or is aware of the defect in his title. builder in good faith with respect to the portion of the le the proper action in court. Even though Francisco had the
apartment encroaching on Santi’s property, because he knew right to fence his property as part of his right to enjoy it,
Here, the farmer built on land that is not his. Since the lot is that he was not the owner of the land when he built the
titled, he should have constructive notice of its ownership and Spouses Magtanggol are covered by Art. 539 which provides
apartment. There is bad faith, likewise, on Santi’s part, because
cannot feign ignorance. He is therefore a builder in bad faith that every possessor has a right to be respected in his
he did not object to the construction although he had possession despite the lapse of their lease. Although there is no
and cannot demand to be reimbursed for the value of the knowledge thereof (Article 453, Civil Code).
house that he had built. apparent force or intimidation employed, fencing o the
In cases where both the landowner and the builder acted in property would prevent Spouses Magtanggol from entering
good faith, the landowner does not have the option to demand and possessing the property. The proper recourse of Francisco
(2018) VI. Sammy and Santi are cousins who separately
the demolition of the work (Article 448, Civil Code). is to invoke the aid of a competent court and le an action for
inherited two (2) adjoining lots from their grandfather.
unlawful detainer.
Sammy is based overseas but wants to earn income from his
(2014) XVIII. Spouses Magtanggol managed and operated a
inherited land, so he asked a local contractor to build a row of
apartments on his property which he could rent out. The gasoline station on a 1,000 sq.m. lot which they leased from (2008) VI.
contractor sent him the plans and Sammy noticed that the Francisco Bigla-awa. The contract was for a period of three (3)
Alex died without a will, leaving only an undeveloped and
years.
construction encroached on a part of Santi's land but he said untitled lot in Taguig City. He is survived by his wife and 4
nothing and gave approval to construct based on the plans When the contract expired, Francisco asked the spouses to children. His wife told the children that she is waiving her
submitted by the local contractor. Santi, based locally, and peacefully vacate the premises. The spouses ignored the share in the property, and allowed Bobby, the eldest son who
who loved his cousin dearly, did not object even if he knew of demand and continued with the operation of the gasoline was about to get married, to construct his house on ¼ of the

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lot, without however obtaining the consent of his siblings. considered to be in bad faith and as a sanction for his conduct, requisites must be present: (1) that the deposit of soil be
After settlement of Alex's estate and partition among the heirs, he can be compelled by Cathy to demolish or remove the gradual and imperceptible; (2) that it be made through the
it was discovered that Bobby's house was constructed on the structure at his own expense. e ects of the current of the waters; and (3) that the land where
portion allocated to his sister, Cathy asked Bobby to demolish accretion takes place is adjacent to the banks of the rivers. All
(B) No. Bobby cannot legally insist on purchasing the land.
his house and vacate the portion alloted to her. In lieu of Being in bad faith, he has no option to pay for the price of the foregoing requirements are present in this case. Hence,
demolition, Bobby o ered to purchase from Cathy the lot Plutarco acquires ownership over the increased area by
lot (Art. 450, Civil Code).
portion on which his house was constructed. At that time, the operation of law. [Basis: Article 457, Civil Code; Republic v.
house constructed was valued at P350.000. CA, 132 SCRA 514 (1984); discussed in pp. 402-405, Vol. 1,
Rabuya’s Civil Law Reviewer]
a. Can Cathy lawfully ask for demolition of Rights of Accession
Bobby's house? (3%) (B) No, because the dried-up river bed shall continue to
b. Can Bobby legally insist on purchasing the land? (2017) XIV. Plutarco owned land that borders on a river. belong to the State as its property of public dominion. As
(2%) After several years, the action of the water of the river caused such, it is not susceptible to private appropriation and
the deposit of soil, and increased the area of Plutarco's acquisitive prescription. Therefore, Plutarco may not validly
(A) Yes, Cathy can lawfully ask for the demolition of Bobby's property by 200 square meters. claim a right of ownership of the dried-up river bed. [Republic
house. Where there are two or more heirs, the whole estate of v. Santos III, 685 SCRA 51 (2012); Celestial v. Cachopero,
(a) If Plutarco wants to own the increase in area,
the decedent, is, before partition, owned in common by such 431 SCRA 469 (2003); 657 SCRA 499 (2011); discussed in p.
what will be his legal basis for doing so? Explain
heirs, subject to the payment of debts of the deceased (Art. 409, Vol. 1, Rabuya’s Civil Law Reviewer]
your answer. (2%)
1078, Civil Code), Under the rules on co-ownership, "none of
(b) On the other hand, if the river dries up, may
the co-owners shall, without the consent of the others make (2016) VII. Benjamin is the owner of a titled lot which is
Plutarco validly claim a right of ownership of
alterations in the thing owned in common, even though bounded on the north by the Maragondon River. An alluvial
the dried-up river bed? Explain your answer.
bene ts for all would results therefrom." In Cruz v. Catapang, deposit of two (2) hectares was added to the registered area.
(2%)
G.R. No. 164110, 12 Feb., 2008, the Court held that Daniel took possession of the portion formed by accretion and
"alterations include any act of strict dominion or ownership claims that he has been in open, continuous and undisturbed
(A) Plutarco acquires ownership over the increased area by
such as construction of a house." In the present case, of Alex is possession of said portion since 1923 as shown by a tax
virtue of accession. According to the Civil Code, the accretion
the real owner of the undeveloped and untitled lot in Taguig, declaration. In 1958, Benjamin led a Complaint for Quieting
gradually receive from the e ects of the current of the waters
co-ownership is created among his wife and four children over of Title and contends that the alluvium belongs to him as the
shall belong to the owner of the lands adjoining the banks of
said property upon his death. Since the construction of the riparian owner and that since the alluvium is, by law, part and
rivers.
house by Bobby was done without obtaining the consent of parcel of the registered property, the same may be considered
his siblings, the alteration e ected is illegal. Bobby is In order for the above rule to apply, however, the following

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as registered property. Ulpiano also regularly paid taxes on the land, as shown by tax for more than 30 years, they cannot become the owners
Decide the case and explain. (5%) declarations, for over thirty years. thereof through extraordinary acquisitive prescription,
because the law requires possession in the concept of the
When Marciano learned of the increase in the size of the land,
he ordered Ulpiano to demolish the huts, and demanded that owner. Payment of taxes and tax declaration are not enough to
I will decide in favor of Daniel and dismiss the action to quiet
he be paid his share in the proceeds of the harvest. Marciano make their possession one in the concept of owner. They must
title led by Benjamin, Under Article 457 of the Civil Code,
claims that under the Civil Code, the alluvium belongs to him repudiate the possession in the concept of holder by executing
the owner of lands adjoining the banks of rivers belong the
as a registered riparian owner to whose land the accretion unequivocal acts of repudiation amounting to ouster of
accretion which they gradually receive from the e ects of the
attaches, and that his right is enforceable against the whole Marciano, known to Marciano and must be proven by clear
current of the waters. The accretion however, does not
world. and convincing evidence. Only then would his possession
automatically become registered land. It must be brought
become adverse.
under the Torrens system of registration by Benjamin, the a. Is Marciano correct? Explain. (3%)
riparian owner. Since he did not, the then increment, not b. What rights, if any, does Ulpiano have against (B) Although Ulpiano is a possessor in bad faith, because he
being registered land, was open to acquisition through Marciano? Explain. (3%) knew he does not own the land, he will lose the three huts he
prescription by third persons, like Daniel (Grande v. Court of built in bad faith and make an accounting of the fruits he has
Appeals, G.R. No. L-17652, June 30, 1962,5 SCRA 524; gathered, he has the right to deduct from the value of the
(A) Marciano’s contention is correct. Since that accretion was
Cureg v. Intermediate Appellate Court, G.R. No, 73465, fruits the expenses for production, gathering and preservation
deposited on his land by the action of the waters of the river
September 7, 1989, 177 SCRA 313). of the fruits (Art 443, NCC).
and he did not construct any structure to increase the
deposition of soil and silt, Marciano automatically owns the He may also ask for reimbursement of the taxes he has paid, as
(2009) XVI. accretion. His real right of ownership is enforceable against the these are charges on the land owned by Marciano. This
Marciano is the owner of a parcel of land through which a whole world including Ulpiano and his two married children. obligation is based on a quasi- contract (Art 2175, NCC).
river runs out into the sea. The land had been brought under Although Marciano’s land is registered, the three (3) hectares
the Torrens System, and is cultivated by Ulpiano and his land deposited through accretion was not automatically (2008) IX. The properties of Jessica and Jenny, who are
family as farmworkers therein. Over the years, the river has registered. As an unregistered land, it is subject to acquisitive neighbors, lie along the banks of the Marikina River. At
brought silt and sediment from its sources up in the prescription by third persons. certain times of the year, the river would swell and as the water
mountains and forests so that gradually the land owned by recedes, soil, rocks and other materials are deposited on
Marciano increased in area by three hectares. Ulpiano built Jessica's and Jenny's properties. This pattern of the river
Although Ulpiano and his children live in the three (3) hectare
three huts on this additional area, where he and his two swelling, receding and depositing soil and other materials
unregistered land owned by Marciano, they are farm workers;
married children live. On this same area, Ulpiano and his being deposited on the neighbors' properties have gone on for
therefore, they are possessors not in the concept of owners but
family planted peanuts, monggo beans and vegetables. many years. Knowing his pattern, Jessica constructed a
in the concept of mere holders. Even if they possess the land

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concrete barrier about 2 meters from her property line and current of the river bordering land but is also the Actions to Recover Ownership and
extending towards the river, so that when the water recedes, consequences of the direct and deliberate intervention of man, Possession of Property
soil and other materials are trapped within this barrier. After it is man-made accretion and a part of the public domain
several years, the area between Jessica's property line to the (Tiongco v. Director of Lands, 16 C.A. Rep 211, cited in Accion Reivindicatoria
concrete barrier was completely lled with soil, e ectively Nazareno v. C.A., G.R. No. 98045, 26 June 1996). Thus,
Accion Publiciana
increasing Jessica's property by 2 meters. Jenny's property, Jessica cannot legally claim ownership of the additional 2
where no barrier was constructed, also increased by one meter meters of land along her property because she constructed a Accion Interdictal
along the side of the river. concrete barrier about 2 meters from her property causing
Quieting of Title
a. Can Jessica and Jenny legally claim ownership deposits of soil and other materials when the water recedes. In
over the additional 2 meters and one meter, other words, the increase in her property was not caused by
nature but was man- made. Accion Reivindicatoria
respectively, of land deposited along their
properties?(2%) (B) If the properties of Jessica and Jenny are registered, the
(2009) IX.
b. If Jessica's and Jenny's properties are registered, bene t of such registration does not extend to the increased
will the benefit of such registration extend to the area of their properties. Accretion does not automatically Before migrating to Canada in 1992, the spouses Teodoro and
increased area of their properties? (2%) become registered land because there is a speci c technical Anita entrusted all their legal papers and documents to their
c. Assume the two properties are on a cliff description of the lot in its Torrens title. There must be a nephew, Atty. Tan. Taking advantage of the situation, Atty.
adjoining the shore of Laguna Lake. Jessica and separate application for registration of the alluvial deposits Tan forged a deed of sale, making it appear that he had bought
Jenny had a hotel built on the properties. They under the Torrens System (Grande v. CA, G.R. No. L-17652, the couple’s property in Quezon City. In 2000, he succeeded
had the earth and rocks excavated from the 30 June, 1962). in obtaining a TCT over the property in his name.
properties dumped on the adjoining shore, giving Subsequently, Atty. Tan sold the same property to Luis, who
(C) No. Jessica and Jenny cannot validly lay claim to the patch
rise to a new patch of dry land. Can they validly built an auto repair shop on the property. In 2004, Luis
of land because in order to acquire land by accretion, there
lay claim to the patch of land? (2%) registered the deed of conveyance, and title over the property
should be a natural and actual continuity of the accretion to
was transferred in his name.
the land of the riparian owner caused by natural ebb and ow
(A) Only Jenny can claim ownership over the additional one of the current of the river (Delgado v. Samonte, CA-G.R. No. In 2006, the spouses Teodoro and Anita came to the
meter of land deposited along her property. Art. 457 of the 34979- R, 10 Aug 1966). Philippines for a visit and discovered what had happened to
Civil Code provides that "to the owners of lands adjoining the their property. They immediately hire you as lawyer.
banks of river belong the accretion which they gradually
What action or actions will you institute in order to
receive from the e ects of the current of the water." Where the
vindicate their rights? Explain fully. (4%)
land is not formed solely by the natural e ect of the water

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Filipino hands -- has been served. [Basis: United Church Board

I will institute the following actions against Atty. Tan: Wanting her property back, Krystal, learning of the transfer of
the property from RBP Corporation to Gloria, sued both of of World Ministries vs. Sebastian, 159 SCRA 446, 451- 452,
(a) A civil action for damage for the fraudulent transfer of the March 30, 1988; per Cruz, J. See also Tejido vs. Zamacoma,
them in the Regional Trial Court (RTC) for annulment of sale
title in his name and to recover the value of the property; 138 SCRA 78, August 7, 1985; Sarsosa vda. de Barsobiavs.
and for reconveyance. She alleged that the sale by RBP
(b) An action against the National Treasurer for Corporation to Gloria was void because RBP Corporation Cuenco, 113 SCRA 547, April 16, 1982; Godinez vs. Fong
compensation from the State Assurance Fund which is set was a foreign corporation prohibited by the Constitution Pak Luen, 120 SCRA 223, January 27, 1983; Yap vs.
aside by law to pay those who lose their land su er damages as Maravillas, 121 SCRA 244, March 28, 1983; De Castro vs.
from acquiring and owning lands in the Philippines.
a consequence of the operation of the Torrens system; Tan, 129 SCRA 85, April 30, 1984]
Will Krystal's suit for annulment of sale and
(c) A criminal action for forgery or falsi cation of public reconveyance prosper? Explain your answer.
document; (2017) V. Jacob has owned a farm land in Ramos, Tarlac. In
2012, Liz surreptitiously entered and cultivated the property.
(d) A complaint with the Supreme Court/Integrated Bar of No, because the aw in the original transaction is considered
In 2014, Jacob discovered Liz's presence in and cultivation of
the Philippines to disbar or suspend him or other disciplinary cured by the subsequent transfer of the property to a Filipino
the property. Due to his being busy attending to his business
action for violation or the Code of Professional Ethics. citizen who is constitutionally quali ed to own land in the
in Cebu, he tolerated Liz's cultivation of the property.
Philippines.
Any action against Luis will not prosper because he is an Subsequently, in December 2016, Jacob wanted to regain
innocent purchaser for value. The Title to the land he bought While the Constitution prohibits an alien from acquiring or possession of the property; hence, he sent a letter to Liz
was already in the name of the person who sold the property holding title to private lands or to lands of the public domain demanding that she vacate the property. Liz did not vacate
to him, and there is nothing on the title which will make him in the Philippines, except only by way of hereditary succession, despite the demand.
suspect about the fraud committed by Atty. Tan. jurisprudence is consistent that if land is invalidly transferred
Jacob comes to enlist your legal assistance to bring an action
to an alien who subsequently becomes a citizen or transfers it
against Liz to recover the possession of the property.
Accion Publiciana to a citizen, the aw in the original transaction is considered
cured and the title of the transferee is rendered valid. What remedies are available to Jacob to recover
possession of his property under the circumstances?
(2017) XII. Krystal owns a parcel of land covered by TCT In the case at bar, the subsequent transfer of the property to
Explain your answer. (4%)
No. 12345 in Angeles City. Due to severe nancial constraints, Gloria, a Filipino citizen, has the e ect of curing the defect of
Krystal was forced to sell the property to RBP Corporation, a the original transaction in favor of RBP Corporation because
The remedy available to Jacob is accion publiciana, or an
foreign corporation based in South Korea. Subsequently, RBP the land has since become the property of a Filipino citizen
action for the recovery of the better right of possession. It also
Corporation sold the property to Gloria, one of its most who is constitutionally quali ed to own land. As such, the
refers to an ejectment suit led after the expiration of one year
valued clients. prior invalid transfer can no longer be assailed because the
from accrual of the cause of action or from the unlawful
objective of the constitutional provision -- to keep our land in

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withholding of possession of the realty. and the recourses and options open to them to protect Alberta died. His widow and all his children executed an
Since the entry made by Liz is through stealth, Jacob could their interests. (8%) Extrajudicial Settlement of Alberto's estate wherein the 2-door
have led an action for forcible entry. Ordinarily, the one-year apartment was assigned by all the children to their mother,
period within which to bring an action for forcible entry is I will advise Spouses Dela Cruz that they have the right to Janine. Subsequently, she sold the property to George. The
generally counted from the date of actual entry on the land, retain possession of the premises until Rodriguez exercises any latter required Manny to sign a prepared Lease Contract so
except that when the entry is through stealth, the one-year of the options under Article 448 of the Civil Code. (Tecnogas that he and his family could continue occupying the unit.
period is counted from the time the plainti learned thereof. Manufacturing vs. CA February 10, 1997) Spouses Dela Cruz Manny refused to sign the contract alleging that his parents
Here, since more than one year had elapsed since Jacob learned are builders in good faith because before constructing the allowed him and his family to continue occupying the
house, they exercised due diligence by asking the agent of premises.
of the entry made by Liz through stealth, the action that may
be led by Jacob is no longer forcible entry, but an accion CRC the location of Lot A and they relied on the information If you were George's counsel, what legal steps will you
publiciana. [Basis: Canlas v. Tubil, 601 SCRA 147 (2009); given by the agent who is presumed to know the identity of take? Explain. 5%
Valdez v. CA, 489 SCRA 369 (2006); discussed in pp. the lot purchased by the Dela Cruz. (Pleasantville vs. CA 253
353-354, Vol. 1, Rabuya’s Civil Law Reviewer] SCRA 10) The owner of the land on which anything has been
If I were George's counsel, I would rst demand that Manny
built in good faith by another has the right to appropriate as
vacate the apartment. If Manny refuses, I will le an ejectment
his own the works, sowing or planting after payment of the suit. When Manny was allowed by his parents to occupy the
(2013) I.VIII. Ciriaco Realty Corporation (CRC) sold to the
indemnity or to oblige the builder to pay the price of the land
spouses Del a Cruz a 500-square meter land (Lot A) in premises, without compensation, the contract of
if its value is not considerably higher than the building or commodatum was created. Upon the death of the father, the
Paranaque. The land now has a fair market value of
trees, or to ask the sower to pay proper rent. I will also advise contract was extinguished as it is a purely personal contract. As
P1,200,000. CRC likewise sold to the spouses Rodriguez, a
my clients that Rodriguez may not compel them to remove the
700-square meter land (Lot B) which is adjacent to Lot A. Lot the new owner of the apartment George is entitled to exercise
improvements because it is not one of the options granted to his right of possession over the same.
B has a present fair market value of P1,500,000.
the landowner if the builder is in good faith.
The spouses Dela Cruz constructed a house on Lot B, relying
on there presentation of the CRC sales agent that it is the (2005) XIII. Rod, the owner of an FX taxi, found in his
vehicle an envelope containing TCT No. 65432 over a lot
property they purchased. Only upon the completion of their Accion Interdictal
house did the spouses Dela Cruz discover that they had built registered in Cesar’s name. Posing as Cesar, Rod forged
on Lot B owned by the spouses Rodriguez, not on Lot A that Cesar’s signature on a Deed of Sale in Rod’s favor. Rod
(2006) VIII. Alberto and Janine migrated to the United
they purchased. They spent P 1,000,000 for the house. registered the said document with the Register of Deeds, and
States of America, leaving behind their 4 children, one of
obtained a new title in his name. After a year, he sold the lot to
As their lawyer, advise the spouses Dela Cruz on their whom is Manny. They own a duplex apartment and allowed
Don, a buyer in good faith and for value, who also registered
rights and obligations under the given circumstances, Manny to live In one of the units. While in the United States,

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the lot in his name. No. 128573, January 13, 2003) lot, Mr. R and his family had been in continuous, open, and
peaceful possession thereof. Mr. R died in 1980, resulting in
a) Did Rod acquire title to the land? Explain. (2%) In the given problem, the property was already registered in
the land being transferred in the names of his heirs, i.e., A, B,
b) Discuss the rights of Don, if any, over the the name of Rod when he bought the same from the latter.
and C, who became registered owners thereof as per TCT No.
property. (2%) Thus, Don could be considered as a buyer in good faith and
5678. During the entire time, said land had never been
c) In an ejectment case filed by Don against Cesar, for value. However, since Rod did not actually sell any
can the latter ask for the cancellation of Don’s property to him, Don has no right to retain ownership over encumbered or disposed, and that its possession always
title considering that he (Cesar) is the rightful the property. He has only the right to recover the purchase remained with them.
owner of the lot? Explain. (2%) price plus damages. Sometime in 1999, A, B, and C wanted to build a concrete
fence around the parcel of land, but they were opposed by
(C) Cesar cannot ask for the cancellation of Don's title even if
(A) No, Rod did not acquire title to the land. The inscription he is the rightful owner of the lot. In an action for ejectment, Mrs. X, who started claiming ownership over the same
in the registry, to be e ective, must be made in good faith. The the only issue involved is one of possession de facto, the property on the strength of a Deed of Absolute Sale
defense of indefeasibility of a Torrens Title does not extend to purportedly entered into by her with Mr. R during the time
purpose of which is merely to protect the owner from any
a transferee who takes the certi cate of title with notice of a that he was still alive. Aggrieved, A, B, and C intend to le a
physical encroachment from without. The title of the land or
aw. A holder in bad faith of a certi cate of title is not entitled complaint for quieting of title against Mrs. X.
its ownership is not involved, for if a person is in actual
to the protection of the law, for the law cannot be used as a possession thereof, he is entitled to be maintained and (a) What are the substantive requisites for the
shield for frauds. (Samonte v. Court of Appeals, G.R. No. respected in it even against the owner himself. (Garcia v. Anas, action to prosper? Do they obtain in this case?
104223, July 12, 2001) G.R. No. L-20617, May 31, 1965) Explain. (3%)
In the case at bar, Rod only forged Cesar's signature on the (b) Within what period should A, B, and C file the
Since the case led by Don against Cesar is an ejectment case,
Deed of Sale. It is very apparent that there was bad faith on the complaint for quieting of title? Explain. (2%)
the latter cannot ask for the cancellation of Don's title. He has
part of Rod from the very beginning. As such, he is not (c) Assuming that B and C are residing abroad, may
to le the proper action where the issue of ownership over the
entitled to the protection of the Land Registration Act. property can be raised. A, without the knowledge of B and C, file the
complaint for quieting of title on behalf of all
(B) It is a well-known rule in this jurisdiction that persons
the heirs? Explain. (2%)
dealing with registered land have the legal right to rely on the
face of the Torrens Certi cate of Title and to dispense with Quieting of Title
the need to inquire further, except when the party concerned (a) For an action to quiet title to prosper, two indispensable
has actual knowledge of facts and circumstances that would (2019) B.11. Mr. R is the registered owner of a parcel of land requisites must concur, namely: (1) the plainti or
located in Cebu City covered by Transfer Certi cate of Title complainant has a legal or an equitable title to or interest in
impel a reasonably cautious man to make such inquiry.
(TCT) No. 1234 issued in 1955. Since his acquisition of the the real property subject of the action; and (2) the deed, claim,
(Naawan Community Rural Bank v. Court of Appeals, G.R.

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encumbrance, or proceeding claimed to be casting cloud on is deemed to be instituted for the bene t of all (Iglesia ni thereto, and he may therefore alienate, assign or mortgage it,
his title must be shown to be in fact invalid or inoperative Cristo v. Ponferrada, G.R. No. 168943, October 27, 2006). and even substitute another person in its enjoyment, except
despite its prima facie appearance of validity or legal e cacy. when personal rights are involved. The portions belonging to
Legal title denotes registered ownership, while equitable title the co-owners in the co-ownership shall be presumed equal,
means bene cial ownership (Heirs of Extremadura v. Co-Ownership unless the contrary is proved.
Extremadura, G.R. No. 211065, June 15, 2016). Here, the
Here, Thea, Vanessa, and Sophia each owns 1/3 of the 600 sq.
above requisites are present as A, B and C have legal title in the (2022) II.2. Thea, Vanessa, and Sophia are siblings who are m. parcel of land, or 200 sq. m. each. Thea can therefore
subject real property and the deed of absolute sale allegedly co-owners of a 600-sq. m. parcel of land covered by TCT No. validly alienate her share although still undivided to Alyssa
made in favor of Mrs. X cast cloud on the title of the heirs. 12345 situated along Bangkal Road, Makati City. Thea without Vanessa and Sophia's consent.
(b) An action to quiet title to property in the possession of decided to sell her share, an undivided 200-sq. m. portion of
(b) Yes, Vanessa and Sophia can demand for a share in the
plainti is imprescriptible. One who is in actual possession of the property, to Alyssa, a Filipino nurse who has been living in
rentals.
a piece of land claiming to be owner thereof may wait until his Canada for the last ten years. Alyssa, without the knowledge
possession is disturbed or his title is attacked before taking of Sophia and Vanessa, built a modest house on the 200-sq. m. Article 485 of the New Civil Code provides that a co-owner
steps to vindicate his right, the reason for the rule being, that portion abutting the road and leased it to Stell for Php has a right to a proportionate share in the bene ts as well as
his undisturbed possession gives him a continuing right to the 15,000.00 per month. the charges to the co-ownership.
seek the aid of a court of equity to ascertain and determine the By buying the undivided share of Thea, Alyssa e ectively has
(a) Could Thea legally transfer her share of the
nature of the adverse claim of a third party and its e ect on his property to Alyssa without the consent of Vanessa become a co-owner of the 600 sq. m. parcel of land together
own title, which right can be claimed only by one who is in and Sophia? Explain briefly. with Vanessa and Sophia. Vanessa and Sophia in turn becomes
possession (Iglesia ni Cristo v. Ponferrada, G.R. No. 168943, co-owner of the house built by Alyssa on the property to
October 27, 2006). (b) Can Vanessa and Sophia respectively legally which they have a right to share in the rentals.
demand from Alyssa a one-third share in the
(c) Yes, A, even without the knowledge of B and C, may le
rentals? Explain briefly.
the complaint for quieting of title on behalf of all the heirs. A, (2021) 7. Four siblings co-own a two-hectare, commercially
B and C as co-heirs are co-owners of the subject property. As viable property located next to a major road. The siblings have
(a) Yes, Thea can legally transfer her share of the property equal shares but none of them have exerted any e ort to
such co-owners, each of the heirs may properly bring an action
without the consent of the other co-owners, Vanessa and partition the property.
for ejectment, forcible entry and detainer, or any kind of
Sophia.
action for the recovery of possession of the subject properties.
Thus, a co-owner may bring such an action, even without Settled is the rule that each co-owner shall have the full A large retail conglomerate then o ered to purchase the entire
joining all the other co-owners as co-plainti s, because the suit ownership of his part and of the fruits and bene ts pertaining property. Three of the siblings were willing to sell, but one

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refused, wanting to hold on to the land in memory of their Development Corporation v. Hill View Marketing
Are Y and Z correct? Explain. (3%)
departed parents. Corporation (G.R. No. 222482, June 02, 2020) is
illuminating. When the encroachment is done by an adjacent
Y and Z are partly correct. The law provides that none of the
The three willing siblings proceeded to sell their respective owner of unregistered land, the constructive notice rule under
co-owners shall be obliged to remain in the co-ownership and
shares in the property to the large retail conglomerate. After Section 52 of PD 1529 shall apply against such adjacent
it is the right of a co-owner to ask for partition of the
the sale, the conglomerate led a case in court to partition the owner. The adjacent owner shall be deemed a builder in bad
co-ownership anytime. One exception to the rule is if the
property. faith as he is charged with constructive notice of the metes and
co-owners agree to keep the thing undivided which period
Should the court allow the partition? Explain briefly. bounds of the registered property encroached upon.
shall not exceed ten years. In this case, the agreement to keep
the thing undivided shall be valid at the most for ten years. Thus, Pilar, as an adjacent owner of unregistered land is a
Yes. The action for partition should be granted. (Article 494, Civil Code) builder in bad faith as she is charged with constructive notice
of the metes and bounds of the registered property of Pepe
When the conglomerate purchased the shares of the three
Possession which she encroached upon.
siblings, it stepped on to their shoes and has become a
co-owner of the undivided party with the unwilling sibling. (b) No. Pilar would still be a builder in bad faith.
Article 494 of the New Civil Code provides that no co-owner (2022) II.1. Pepe and Pilar are adjoining lot owners. Suppose In the same case, Justice Caguioa opined that when the
shall be obliged to remain in the co-ownership. Each co-owner Pepe’s lot is titled and without his knowledge, it was property encroached upon is unregistered, but the
may demand at any time the partition of the thing owned in encroached upon by Pilar whose lot is untitled but who encroachment is done by an adjacent owner of registered land,
common, insofar as his share is concerned. honestly believed that the encroached portion, where she built the adjacent owner shall be deemed a builder in bad faith as he
Partition should therefore be allowed. a small bungalow house, is still within her property. is charged with actual knowledge of the metes and bounds of
(a) Is Pilar a builder in good faith? Discuss Pepe’s his own property. Article 450 of the New CIvil Code provides
(2015) VIII. X, Y, Z are siblings who inherited a 10-storey right as against Pilar. Explain briefly. that the owner of the land on which anything has been built,
building from their parents. They agreed in writing to planted or sown in bad faith may demand the demolition of
(b) Suppose it is Pilar’s lot that is titled and Pepe’s the work, or that the planting or sowing be removed, in order
maintain it as a co-owned property for leasing out and to
lot is untitled, would Pilar be a builder in good to replace things in their former condition at the expense of
divide the net pro ts among themselves equally for a period of
faith? Discuss Pepe’s right as against Pilar. the person who built, planted or sowed; or he may compel the
20 years. On the 8th year, X wanted to get out of the
Explain briefly. builder or planter to pay the price of the land, and the sower
co-ownership so he could get his 1/3 share in the property. Y
and Z refused, saying X is bound by their agreement to keep the proper rent.
(a) No. Pilar is a builder in bad faith.
the co-ownership for 20 years.
The concurring opinion of Justice Caguioa in Princess Rachel (2019) A.7. Believing that he owned a certain parcel of land

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and completely unaware of any defect in his title thereto, Mr. obliged to sell the land to Mr. A as what the latter asserted. faith. Pedro led his Answer with Counterclaim that he is
A started to build a house thereon. When Mr. P, the real entitled to the payment of the value of the house plus damages
(b) Yes, Mr. A may compel Mr. P to purchase the said
owner of the land learned of Mr. A's actions, Mr. P improvement due to Mr. P's bad faith. Under Art. 454 of the because he is a builder in good faith and that Juan is guilty of
immediately demanded Mr. A to leave the premises. However, Civil Code, when the landowner acted in bad faith and the estoppel and laches.
Mr. A refused to leave, and instead, asserted that as a builder in builder proceeded in good faith, the provisions of Art. 447 of a. If Pedro is a builder in good faith, what are the
good faith, Mr. P is obliged to sell the land to him. the Civil Code shall apply. Art. 447 provides that owner of the rights given to Juan under the law? Explain.
(a) Is the claim of Mr. A correct? Explain. (3%) land shall pay their value and, if he acted in bad faith, he shall (2.5%)
(b) Assuming that Mr. P all the while, knew but did also be obliged to the reparation of damages. The builder, in b. If Pedro is a builder in bad faith, what are the
not object to Mr. A's construction of the house on the case where the landowner is in bad faith, may remove the rights given to Juan under the law? Explain.
his property, may Mr. A compel Mr. P to improvements even if it may result to injury to such (2.5%)
purchase the said improvement due to Mr. P's improvements. Thus, if Mr. A does not prefer to the latter, he
bad faith? Explain. (3%) may compel Mr. P to pay for the improvement plus damages (A) If Pedro is a builder in good faith and Juan is an owner in
because of Mr. P’s bad faith. good faith, Juan has the right to appropriate as his own the
(a) No, the claim of Mr. A is not correct. Under Art. 448 of house after payment of indemnity provided for in Articles 546
the Civil Code, when the builder believes that he is the owner (2016) VI. Pedro bought a parcel of land described as and 548 of the Civil Code, which are the necessary and useful
of the land, the real owner of the land has two options: (1) he Cadastral Lot No. 123 and the title was issued to his name. expenses. As to useful expenses, Juan has the option to either
may appropriate the improvements for himself after Juan also bought a lot in the same place, which is described as refund the amount of the expenses, or pay the increase in value
reimbursing the builder in good faith the necessary and useful Cadastral Lot No. 124. Pedro hired a geodetic engineer to which the land may have acquired by reason thereof.
expenses under Articles 546 and 548 of the Civil Code; or (2) determine the actual location of Lot No. 123 but for some Alternatively, under Article 448 of the Civil Code, Juan has
he may sell the land to the builder in good faith, unless its reason, the engineer pointed to Lot No. 124 by mistake. Pedro the right to oblige Pedro to pay the price of the land. However,
value is considerably more than that of the improvements, in hired a contractor to construct his house and the latter put up Pedro cannot be obliged to buy the land if its value is
which case, the builder in good faith shall pay reasonable rent. a sign stating the name of the owner of the project and the considerably more than that of the house. In such case, he
The real owner of the land cannot refuse to exercise either construction permit number. It took more than a year before shall pay reasonable rent, if Juan does not choose to
option. It is the owner of the land who is authorized to the house was constructed. When Pedro was already residing appropriate the house after proper indemnity. It is the owner
exercise the option, because his right is older, and because, by in his house, Juan told him to remove his house because it was of the land who is authorized to exercise the options under
the principle of accession, he is entitled to the ownership of built on his (Juan's) lot. Article 448 because his right is older and by principle of
the accessory thing (Spouses De Vera v. Spouses Mayandoc, accession, he is entitled to the ownership of the accessory
Juan led a Complaint for Recovery of Possession and prayed
G.R. No. 211170, July 3, 2017). In the instant case, Mr. P thing.
that the house be removed because Pedro is a builder in bad
would need to choose between his options and is not simply

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If Pedro is a builder in good faith and Juan is an owner in bad In his own written reply, Boboy signi ed that he was ready to B) No, Boboy cannot be held liable for damages except if he
faith because Juan knew that Pedro was building on his lot and leave but Anselmo must rst reimburse him the value of the caused unnecessary impairment to the property leased. Since
did not oppose it (Article 453 par. 2), and Article 454 in improvements he introduced on the property as he is a builder Anselmo refused to appropriate the improvements and to
relation to Article 447 of the Civil Code applies. Juan shall pay in good faith. Anselmo refused, insisting that Boboy cannot reimburse Boboy, the latter may exercise his right to remove
the value of the house and is also liable for reparation of ask for reimbursement as he is a mere lessee. Boboy responded the improvements provided he shall not cause any more
damages; however, Pedro also has the right to remove or by removing the improvements and leaving the building in its impairment to the property leased than is necessary.
demolish the house and ask for damages. original state.
(B) If Pedro is a builder in bad faith and Juan is an owner in (A) Resolve Boboy's claim that as a builder in good
good faith, Juan has three options. He may appropriate the faith, he should be reimbursed the value of the Usufruct
improvements without indemnity under Article 449 of the improvements he introduced. (4%)
Civil Code, or demand the demolition of the house in order to (B) Can Boboy be held liable for damages for (2019) A.9. Ms. U is a usufructuary of a piece of land owned
replace things to their former condition at Pedro’s expense removing the improvements over Anselmo's by Mr. L. During the existence of the usufruct, Ms. U
under Article 450; or compel Pedro to pay the price of the objection? (4%) introduced various useful improvements on the land. Upon
land. In addition to these options, Juan is also entitled to termination of the usufruct, Mr. L requested Ms. U to remove
damages from Pedro. If Pedro is a builder in bad faith and Juan A) Boboy’s claim that he is a builder in good faith is without the said improvements, but Ms. U refused, demanding instead
is an owner in bad faith, it shall be as if both of them were in merit. The contract between the parties remains to be a lease that Mr. L reimburse her the value of the same.
good faith (Article 453, New Civil Code). despite the nominal rentals paid by Boboy. As such, Boboy’s (a) What is a usufruct? (2%)
right with regard to the improvements he introduced on the (b) Is Ms. U's demand proper? Explain. (3%)
(2013) I.IV. Anselmo is the registered owner of a land and a property should not be resolved on the basis of the provisions
house that his friend Boboy occupied for a nominal rental and of the Civil Code on builder in good faith under Article 448 (a) Usufruct is a real right, of a temporary nature, which
on the condition that Boboy would vacate the property on but by the provision on lease, particularly Article 1678. A authorizes its holder to enjoy all the bene ts which results
demand. With Anselmo's knowledge, Boboy introduced lessee who makes improvements on the property cannot be from the normal enjoyment of another’s property, with the
renovations consisting of an additional bedroom, a covered considered a builder in good faith for he knows that he does obligation to return, at the designated time, either the same
veranda, and a concrete block fence, at his own expense. not own the property and his possession is merely temporary. thing or, in special cases, its equivalent.
Boboy may only claim one-half of the value of the
Subsequently, Anselmo needed the property as his residence Usufruct gives a right to enjoy the property of another with
improvements from Anselmo but if the latter refuses to
and thus asked Boboy to vacate and turn it over to him. the obligation of preserving its form and substance, unless the
reimburse him, Boboy may remove the improvements even if
Boboy, despite an extension, failed to vacate the property, title constituting it or the law otherwise provides (Civil Code,
it may cause damage to the property.
forcing Anselmo to send him a written demand to vacate. Art. 562).

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(b) No, Ms. U's demand is not proper. Art. 579 of the Civil (2.5%) Phil. Oliver’s land had no direct access to the highway, as it was
Code provides that the usufructuary may make on the blocked by a kamote plantation owned by Josh. Phil’s
property held in usufruct such useful improvements or Yes, the usufruct will continue after the house was burned. If subdivision, on the other hand, already had a direct access to
expenses for mere pleasure as he may deem proper, provided the usufruct is constituted on immovable property of which a the highway. To facilitate the release of the license from the
he does not alter its form or substance; but he shall have no building forms part, and the latter should be destroyed in any Department of Human Settlements and Urban Development,
right to be indemni ed therefor. He may, however, remove manner whatsoever, the usufructuary shall have a right to Oliver presented a contract to sell between him and Josh over
such improvements, should it be possible to do so without make use of the land and the materials (Article 607, Civil the kamote plantation, on the representation that he would
damage to the property. Thus, Ms. U does not have a right to Code). The usufruct over the land and the materials construct an access road thereon.
demand Mr. L to reimburse the useful improvements continues. The thing was lost only in part, the right continues
introduced by her. on the remaining parts (Article 604, Civil Code). Pending approval of the license, Oliver sought the consent of
Phil to connect the road that would be built by him with the
No, it will be extinguished after Sinforoso’s death. A usufruct
main road of Phil’s subdivision. Phil allowed him to do this
(2018) VIII. Sofronio was a married father of two when he granted for the time that may elapse before a third person
pending their negotiation on the compensation to be paid.
had a brief ing with Sabrina, resulting in her pregnancy and attains a certain age, shall subsist for the number of years
With the eventual grant of the license, Oliver began the
the birth of their son Sinforoso. Though his wife knew speci ed, even if the third person should die before the period
development of his subdivision. To protect the right of way
nothing of the a air, Sofronio regretted it, but secretly expires, unless such usufruct has been expressly granted only
over Phil’s subdivision, Oliver was able to cause an annotation
provided child support for Sinforoso. Unfortunately, when in consideration of the existence of such person or contrary
of adverse claim on Phil’s property.
Sinforoso was 10 years old, Sofronio died. Only Sofronio's intention clearly appears (Article 603, 606, Civil Code). The
father, Salumbides, knew of Sabrina and Sinforoso. For the circumstances given show that the usufruct was established by
However, when Oliver’s subdivision was already completed,
purpose of providing support to Sinforoso, Salumbides gave Salumbides in consideration of the existence of Sinfroso. It
and with the adverse claim annotated, Oliver believed that he
Sabrina usufructuary · rights over one of his properties - a was meant for his support; hence, his death extinguished the
no longer needed to buy the kamote plantation and
house and lot - to last until Sinforoso reaches the age of usufruct even though he died before reaching the age of
accordingly rescinded the contract to sell with Josh.
majority. Sabrina was given possession of the property on the majority.
basis of caucion juratoria. Two (2) years after the creation of
When Oliver and Phil failed to arrive at an agreement on the
the usufruct, the house accidentally burned down, and three
consideration for the easement, Phil built a wall blocking the
(3) years thereafter, Sinforoso died before he could reach the Easements
road constructed by Oliver that connected Oliver’s subdivision
age of 18.
with his. Oliver led a complaint seeking the establishment of
(2022) II.3. With the intent to develop a subdivision, Oliver
Will the usufruct continue after the house has burned an easement of right of way through Phil’s subdivision which
bought a parcel of land adjacent to a subdivision owned by
down? If yes, will it continue after Sinforoso's death? Oliver claimed to be the most adequate and convenient access

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to the highway. On the other hand, Phil led a petition to have the adverse claimant, and must comply with formal switching on their lights.
the adverse claim cancelled. requirements. Have the spouses Santos acquired an easement of light
(a) Is Oliver entitled to a right of way through Phil’s Here, Oliver has no interest in the land adverse to Phil. There and view with respect to Lot 1 owned by the spouses
subdivision? Explain briefly. was no allegation that Oliver's claim was put in writing, sworn Cruz? Explain briefly.
by him and that the formal requirements were complied with.
(b) Is there basis to have the adverse claim cancelled? For this reason, there is basis to cancel the adverse claim for Yes, the Sps. Santos acquired an easement of light of view by
Explain briefly. failure to follow the requirements provided for by law. title in accordance with Article 624 of the NCC.
The Court in Sps. Garcia v. Santos (G.R. No. 228334, June
(a) No, Oliver is not entitled to a right of way through Phil's
(2022) II.4. The spouses Santos are the registered owners of 17, 2019) has ruled that based on Article 624 of the New Civil
subdivision.
Lot 2 located in Umaga Subdivision, Caramoan, Camarines Code, there arises a title to an easement of light and view, even
Jurisprudence holds that for an easement of right of way to be Sur, covered by TCT No. 1369. Lot 2, which has been in the absence of any formal act undertaken by the owner of
compulsory and legally demandable, it is required that proper occupied by the spouses Santos for about 11 years, has a the dominant estate, if this apparent visible sign, such as the
indemnity must have been paid and the right of way claimed is one-storey residential house which was already erected thereon existence of a door and windows, continues to remain and
at a point least prejudicial to the servient estate, among others. when Lot 2 was purchased by them from the spouses Cruz in subsist, unless, at the time the ownership of the two estates is
It has also been held that mere convenience for the dominant 2005. At the time of the acquisition of Lot 2, the adjoining divided, (1) the contrary should be provided in the title of
estate is not enough to serve as its basis. lot, Lot 1, which was also owned by the spouses Cruz, was an conveyance of either of them, or (2) the sign aforesaid should
Here, there was another possible outlet through the kamote idle land without any improvements. Lot 1 remained empty be removed before the execution of the deed.
plantation owned by Josh. It was not alleged much less proven until the spouses Cruz started the construction of a two-storey
Here, prior to the purchase of Lot 2 by Sps. Santos from Sps.
that the outlet through Phil's subdivision was at a point least residential house thereon in 2018.
Cruz the subject property and its adjoining lot, i.e., Lot 1,
prejudicial. It was merely chosen by Oliver as he thought it be were both owned by singular owners, i.e., the Sps. Cruz. On
the most convenient for him. Also, proper indemnity was not The house constructed on Lot 1 being taller than the spouses
the subject property, a one-storey house laden with several
paid as Oliver and Phil failed to agree on the consideration. Santos’ one-storey residential house, the spouses Cruz’s
windows and openings was built and the windows and
two-storey residential house obstructed the light, air, and view
In all, Oliver cannot legally demand a right of way through openings remained open. From the time the Sps. Cruz
of the spouses Santos’ residential house. The spouses Santos
Phil's subdivision. transferred the subject property to the Sps. Santos, there arose
bemoaned how, prior to the construction on Lot 1, they
by title an easement of light and view, placing a burden on the
(b) Yes. For an adverse claim to be valid, the claimant must received enough bright and natural light from their windows.
servient estate, i.e., Lot 1, to allow the Sps. Santos' residence
have an interest in the land adverse to the registered owner, The construction rendered their house dark such that they are
unobstructed access to light and view.
and that the claim must be in writing, signed and sworn to by unable to do their normal activities in their house without
Thus, the Sps. Santos acquired an easement of light of view.

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In the instant case, the swimming pool and arti cial lagoon servient estate proper? (2.5%)
(2019) A.10. Village Hand Village L are adjoining residential
villages in a mountainous portion of Antipolo City, Rizal, constructed by X Inc. consequently increased the burden, as
the continuous heavy rains being collected by these arti cial (A) Yes, a legal easement of lateral and subjacent support
with Village L being lower in elevation than Village H. In an
works resulted to massive spillover damaging the properties in exists. According to Article 684 of the Civil Code, no
e ort to beautify Village H, its developer, X, Inc., constructed
Village L. While the aforecited provisions impose a natural proprietor shall make such excavations upon his land as to
a clubhouse which included an Olympic-sized swimming pool
easement upon the lower estate to receive the waters which deprive any adjacent land or building of su cient lateral or
and an arti cial lagoon on a portion of land overlooking
naturally and without the intervention of man descend from subjacent support. In the given case, an easement of lateral and
Village L.
higher states. However, where the waters which ow from a subjacent support exists in the property of Socorro in favor of
During the monsoon season, the continuous heavy rains the property of Segunda. In the case of Castro v. Monsod,
higher state are those which are arti cially collected in
caused Village H's swimming pool and arti cial lagoon to (G.R. No. 183719, February 2, 2011) in which the situation of
man-made swimming pool and lagoons, any damage
over ow, resulting into a massive spillover that damaged the properties of the two landowners were similar to that in
occasioned thereby entitles the owner of the lower or servient
various properties in Village L. Aggrieved, the homeowners of the given problem, the Supreme Court held that an easement
estate to compensation (Remman Enterprises, Inc. v. CA,
Village L led a complaint for damages against X, Inc. In existed in favor of the property of higher elevation, because it
G.R. No. 125018, April 6, 2000). Thus, for constructing said
defense, X, Inc. contended that pursuant to the Civil Code, was the owner of the said property which sued to have the
arti cial works resulting damage to Village L’s properties, X
Village L, as the lower estate, was obliged to receive the waters easement recognized. Such nding, however, does not mean
Inc. is liable for damages.
descending from Village H, the higher estate. Hence, it cannot that no similar easement exists in favor of the property of
be held liable for damages. lower elevation, since Article 684 does not make a distinction
(2018) XIV. Socorro is the registered owner of Lot A while
Is X, Inc.'s position tenable? Explain. (3%) as to the elevation of the property.
Segunda is the registered owner of the adjoining Lot B. Lot A
is located at an elevated plateau of about 15 feet above the level (B) No. The annotation of an adverse claim over registered
No, X, Inc.'s position is untenable. Art. 637 of the Civil Code of Lot B. Since Socorro was allegedly removing portions of the land under Section 70 of Presidential Decree 1529 requires a
provides that lower estates are obliged to receive the waters land and cement that supported the adjoining property, claim on the title of the disputed land Castro v. Monsod, 641
which naturally and without the intervention of man descend Segunda caused the annotation of an adverse claim against 50 SCRA 486, February 2, 2011). Segunda is not claiming
from the higher estates, as well as the stones or earth which sq. m. on Lot A's Transfer Certi cate of Title, asserting the ownership over the property of Socorro. She only wanted a
they carry with them. The owner of the lower estate cannot existence of a legal easement. judicial recognition of the existence of the easement.
construct works which will impede this easement; neither can According to the Supreme Court in the cited case, an
(a) Does a legal easement in fact exist? If so, what
the owner of the higher estate make works which will increase annotation of the existence of the lateral and subjacent
kind? (2.5%)
the burden. A similar provision is found in the Water Code of support is no longer necessary, because it exists whether or not
the Philippines (P.D. No.1067). (b) If a legal easement does in fact exist, is an
it is annotated or registered in the registry of property. A
annotation of an adverse claim on the title of the
judicial recognition of the same already binds the property and

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the owner of the same, including her successors-in-interest. Vol. 1, Rabuya’s Civil Law Reviewer] v. Pandacan Hiker’s Club, Inc., 778 SCRA 385 (2016),
discussed in p. 601, Vol. 1, Rabuya’s Civil Law Reviewer].
(2017) VI. Tyler owns a lot that is enclosed by the lots of (2017) XIII. TRUE or FALSE - Explain your answers. (D) False, because possession of movables is not deemed lost
Riley to the North and East, of Dylan to the South, and of so long as they remain under the control of the possessor, even
(a) All rights are considered as property. (2%)
Reece to the West. The current route to the public highway is though for the time being he may not know their
(b) A lessee cannot bring a case for quieting of title
a kilometer's walk through the northern lot of Riley, but the whereabouts. [Basis: Article 556, Civil Code; discussed in pp.
respecting the property that he leases. (2%)
route is a rough road that gets muddy during the rainy season, 485-486, Vol. 1, Rabuya’s Civil Law Reviewer]
(c) Only the city or municipal mayor can le a civil action
and is inconvenient because it is only 2.5 meters wide. Tyler's to abate a public nuisance. (2%) (E) False, because only continuous and apparent easements
nearest access to the public highway would be through the (d) Possession of a movable property is lost when the can be acquired either by virtue of a title or by prescription.
southern lot of Dylan.
location of the said movable is unknown to the owner. [Basis: Article 620, Civil Code; discussed in p. 533, Vol. 1,
May Dylan be legally required to afford to Tyler a right (2%) Rabuya’s Civil Law Reviewer]
of way through his property? Explain your answer. (4%) (e) Continuous non-apparent easements can be acquired
either through title or by prescription. (2%)
(2014) XV. Mr. Bong owns several properties in Pasig City.
No, Dylan is not entitled to a grant of compulsory right of He decided to build a condominium named Flores de Manila
way because he has an adequate outlet going to the public (A) False, because rights which are not patrimonial in nature, in one of his lots. To fund the project, he obtained a loan from
highway. such as the right to liberty, the right to honor, family rights, the National Bank (NB) secured by a real estate mortgage over
etc., cannot be considered as property. [Basis: II Tolentino, the adjoining property which he also owned.
One of the requisites for a compulsory grant of right of way is
Civil Code of the Philippines, 1992 ed., pp. 4-5]
that the estate of the claimant of a right of way must be During construction, he built three (3) pumps on the
isolated and without adequate outlet to a public highway. The (B) False, because the action may be led by anyone who has mortgaged property to supply water to the condominium.
true standard for the grant of compulsory right of way is legal or equitable title to, or interest in, the property which is After one (1) year, the project was completed and the
“adequacy” of outlet going to a public highway and not the the subject matter of the action. Hence, any holder of interest condominium was turned over to the buyers. However, Mr.
convenience of the dominant estate. to the property or right to possession of the land, including Bong failed to pay his loan obligation to NB. Thus, NB
the interest of a lessee, may bring an action for quieting of foreclosed the mortgaged property where the pumps were
In the case at bar, there is already an existing adequate outlet
title. [Basis: Article 477, Civil Code] installed. During the sale on public auction of the mortgaged
from the dominant estate to a public highway. Even if said
outlet be inconvenient, the need to open up another servitude (C) False, because under the law it is the district health o cer property, Mr. Simon won in the bidding. When Mr. Simon
is entirely unjusti ed. [Basis: Article 649, Civil Code; and not the chief executive of the local government who has attempted to take possession of the property, the
Dichoso, Jr. v. Marcos, 647 SCRA 495 (2011); Costabella been authorized to le a civil action to abate a public nuisance. condominium owners, who in the meantime constituted
Corp. v. CA, 193 SCRA 333 (1991); discussed in pp. 559-561, [Basis: Article 700, in relation to Article 699, Civil Code; Cruz themselves into Flores de Manila Inc. (FMI), claimed that they

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have earlier led a case for the declaration of the existence of an establish the easement on the property of Brando would
In 2006, Brando fenced o his property, thereby blocking
easement before the Regional Trial Court (RTC) of Pasig City Andres' access to the national highway. Andres demanded that signi cantly a ect his use of his property whereas while
and prayed that the easement be annotated in the title of the part of the fence be removed to maintain his old access route Pathway B may prove to be the longer route, it will cause least
property foreclosed by NB. FMI further claimed that when to the highway (pathway A), but Brando refused, claiming prejudice to Brando. Andres’ argument that Pathway B is
Mr. Bong installed the pumps in his adjoining property, a that there was another available pathway (pathway B) for circuitous and inconvenient to use should not be given weight
voluntary easement was constituted in favor of FMI. ingress and egress to the highway. Andres countered that because the true test of the establishment of an easement is
adequacy. Convenience of the dominant estate has never been
Will the action prosper? (4%) pathway B has defects, is circuitous, and is extremely
inconvenient to use. the gauge for the establishment of the easement. (Costabella
Corporation v. CA 193 SCRA 333; Cristobal vs. Ledesma 291
Yes, the action will prosper. Article 624 of the Civil Code To settle their dispute, Andres and Brando hired Damian, a SCRA 122)
provides that when an apparent sign of easement exists geodetic and civil engineer, to survey and examine the two
between two estates established or maintained by the owner of pathways and the surrounding areas, and to determine the
both, it shall be considered as a title to the easement should the (2010) XIII. Franz was the owner of Lot E which was
shortest and the least prejudicial way through the servient
owner of two properties alienate one of them, unless at the surrounded by four (4) lots one of which – Lot C – he also
estates. After the survey, the engineer concluded that pathway
time the ownership between the two estates is divided the owned. He promised Ava that if she bought Lot E, he would
B is the longer route and will need improvements and repairs,
contrary is provided in the deed of transfer or the apparent give her a right of way in Lot C.
but will not signi cantly a ect the use of Brando's property.
sign of easement is removed before the execution of the deed On the other hand, pathway A that had long been in place, is
(Privatization and Management O ce v. Legaspi Towers 300, the shorter route but would signi cantly a ect the use of Convinced, Ava bought Lot E and, as promised, Franz gave
Inc., G.R. No. 147957, July 22, 2009, 593 SCRA 382). In this Brando's property. her a right of way in Lot C.
case, neither any showing that the apparent sign of the
easement was removed before the sale on public auction, nor In light of the engineer's findings and the circumstances Ava cultivated Lot E and used the right of way granted by
of the case, resolve the parties' right of way dispute. (6%) Franz.
that there was an agreement that the easement will no longer
continue; hence, the entitlement of FMI to the easement Ava later found gainful employment abroad. On her return
subsists. I will rule in favor of Brando. The easement of right of way
after more than 10 years, the right of way was no longer
should be established at a point least prejudicial to the servient
available to her because Franz had in the meantime sold Lot C
estate where the distance from the dominant estate to the
(2013) I.VII. In 2005, Andres built a residential house on a to Julia who had it fenced.
public highway may be the shortest. (Art. 650) If these two
lot whose only access to the national highway was a pathway a. Does Ava have a right to demand from Julia the
conditions do not concur in one estate, the criterion of least
crossing Brando's property. Andres and others have been using activation of her right of way? Explain. (2.5%)
prejudice prevails over shortest distance. (Anastacia Quimen
this pathway (pathway A) since 1980.
vs. CA and Yolanda Oliveros May 29, 1996) In this case, to b. Assuming Ava opts to demand a right of way

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from any of the owners of Lots A, B, and D, can land of Ernie with the latter’s acquiescence for over 20 years. or by judicial grant. Neither did the buyers. Thus,
she do that? Explain. (2.5%) Subsequently, Don subdivided his property into 20 residential establishment of a road or unlawful use of the land of Ernie
lots and sold them to di erent persons. Ernie blocked the would constitute an invasion of possessory rights of the
(A) Yes. Ava has the right to demand from Julia the activation pathway and refused to let the buyers pass through his land. owner, which under Article 429 of the Civil Code may be
of the right of way, for the following reasons: repelled or prevented. Ernie has the right to exclude any
a) Did Don acquire an easement of right of way?
person from the enjoyment and disposal of the land. This is an
1) An easement of right of way is a real right which attaches to, Explain. (2%)
b) Could Ernie close the pathway and refuse to let attribute of ownership that Ernie enjoys.
and is inseparable from, the estate to which it belongs. The
sale of the property includes the easement or servitude, even if the buyers pass? Give reasons. (2%) (C) Prior to the grant of an easement, the buyers of the
the deed of sale is silent on the matter. The vendee of the c) What are the rights of the lot buyers, if any? dominant estate have no other right than to compel grant of
property in which a servitude or easement exists cannot close Explain. (2%) easement of right of way.
or put up obstructions thereon to prevent the dominant estate Since the properties of the buyers are surrounded by other
from using it. Ava’s working abroad for more than ten (10) (A) No, Don did not acquire an easement of right of way. An immovables and has no adequate outlet to a public highway
years should not be construed as non-user, because it cannot easement of right of way is discontinuous in nature — it is and the isolation is not due to their acts, buyers may demand
be implied from the facts that she or those whom she left exercised only if a man passes over somebody's land. Under an easement of a right of way provided proper indemnity is
behind to cultivate the lot no longer use the right of way. Article 622 of the Civil Code, discontinuous easements, paid and the right of way demanded is the shortest and least
Note: Since a right of way is a discontinuous easement, the whether apparent or not, may only be acquired by virtue of a prejudicial to Ernie. (Villanueva v. Velasco, G.R. No. 130845,
period of 10 years of non-user shall be computed from the day title. The Supreme Court, in Abellana, Sr. v. Court of Appeals November 27, 2000).
it ceased to be used under Art. 6341(2) CC. (G.R. No. 97039, April 24, 1992), ruled that an easement of
right of way being discontinuous in nature is not acquirable by
2) Renunciation or waiver of an easement must be speci c,
prescription.
clear, express and made in a public instrument in accordance Di erent Modes of Acquiring Ownership
with Article 1358 of the New Civil Code. Further, possession of the easement by Don is only permissive,
tolerated or with the acquiescence of Ernie. It is settled in the Donation
(B) Yes. Ava has the option to demand a right of way on any
of the remaining lots of Franz more so after Franz sold Lot case of Cuaycong v. Benedicto (G.R. No. 9989, March 13,
Prescription
Cto Julia. The essential elements of a legal right of way under 1918) that a permissive use of a road over the land of another,
Article 649 and 650 of the New Civil Code are complied with. no matter how long continued, will not create an easement of
way by prescription. Donation

(2005) VII. Don was the owner of an agricultural land with (B) Yes, Ernie could close the pathway on his land. Don has
Distinctions Between Mortis Causa and Inter
no access to a public road. He had been passing through the not acquired an easement of right of way either by agreement
Vivos Donations

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attached notarized declaration by Josefa and Jennifer that the vs. Concepcion, 91 Phil. 823, 827 (1952).)
(2014) XXV. Mario executed his last will and testament
land will remain in Josefa's possession and cannot be alienated,
where he acknowledges the child being conceived by his live-in
encumbered, sold or disposed of while Josefa is still alive.
partner Josie as his own child; and that his house and lot in
Limitations
Baguio City be given to his unborn conceived child. Advise Jennifer on whether the deed is a donation inter
vivos or mortis causa and explain the reasons
Are the acknowledgment and the donation mortis causa (2014) III. The Roman Catholic Church accepted a donation
supporting your advice. (8%)
valid? Why? (4%) of a real property located in Lipa City. A deed of donation was
executed, signed by the donor, Don Mariano, and the donee,
I will advise Jennifer that the deed of donation executed in her
The acknowledgment of the unborn child is e ective because the Church, as represented by Fr. Damian. Before the deed
favor by Josefa is a donation inter vivos. An inter vivos
a will may still constitute a document which contains an could be notarized, Don Mariano died.
donation is generally irrevocable once accepted, and the law
admission of illegitimate liation. The donation to the
requires that if it involves immovable property, it must be in a Is the donation valid? (4%)
conceived child is also valid provided that the child is born
public document and there must be a deed of acceptance
later on and that it comply with the formalities required of a
which must be in the same deed of donation. If the acceptance The donation is void. Article 749 of the Civil Code provides
will (Article 728, Civil Code). A fetus has a presumptive
is in a separate instrument, it has to be noted in both that a donation of an immovable must be made in a public
personality for all purposes favorable to it provided it be born
instruments. (Art. 749) In this case, the deed of acceptance instrument to be valid. In this case, it is clear that the deed of
under the conditions speci ed in Article 41. However, there
clearly signi es that it is a donation inter vivos because a donation never became a public instrument because the donor
has to be compliance with the formal requisites for a valid last
donation mortis causa need not be accepted by the donee died before it could be notarized. The deed of donation
will and testament.
during the lifetime of the donor although the donee in the case cannot be notarized after the death of the donor since it is now
of mortis causa donation is free to accept or repudiate it after impossible lor him to acknowledge before a notary public.
(2013) I.V. Josefa executed a deed of donation covering a the death of the donor. The donacon was never perfected. Thus, the donation is void
one-hectare rice land in favor of her daughter, Jennifer. The for not complying with the formalities required by law.
Also, the prohibition on alienation during Josefa’s lifetime all
deed speci cally provides that:
the more indicates that the donation is inter vivos because the
"For and in consideration of he love and service Jennifer has fact that Josefa reserved the lifetime usufruct of the land shows (2010) II.c. A executed a Deed of Donation in favor of B, a
shown and given to me, I hereby freely, voluntarily and that her intent is to transfer the ownership of the donated bachelor, covering a parcel of land valued at P1 million. B was,
irrevocably donate to her my one-hectare rice land covered by property to Jennifer or else there would have been no need for however, out of the country at the time. For the donation to
TCT No. 11550, located in San Fernando, Pampanga. This her to reserve the lifetime usufruct thereof if it were a be valid, (1%)
donation shall take e ect upon my death." donation mortis causa. (Gestopa v. CA 342 SCRA 105 citing 1. B may email accepting the donation.
The deed also contained Jennifer's signed acceptance, and an Reyes vs. Mosqueda, 187 SCRA 661, 671 (1990); Concepcion 2. The donation may be accepted by B’s father with

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whom he lives. pertinently provides: construction of a government hospital and the use of the
3. B can accept the donation anytime convenient to him. Subject Property solely for hospital purposes. Upon the
4. B’s mother who has a general power of attorney may “The herein DONORS hereby voluntarily and freely give, non-ful llment of the condition, the donation may be revoked
accept the donation for him. transfer and convey, by way of unconditional donation, unto and all the rights already acquired by the donee shall be
5. None of the above is su cient to make B’s said DONEE, all of the rights, title and interest which the deemed lost and extinguished.This is a resolutory condition
acceptance valid. aforesaid DONORS have or which pertain to them and which because it is demandable at once by the donee but the
they owned exclusively in the above-described real property non-ful llment of the condition gives the donor the right to
Since the donation covered an immovable property, the over a one hectare portion of the same, solely for hospital site revoke the donation.
donation and the acceptance must be in a public document. only and for no other purpose, where a provincial government
Here, upon the execution of the Deed of Donation and the
An e-mail is not a public document. Hence, No. I is false. hospital shall be constructed.”
acceptance of such donation in the same instrument,
No. 2 and No. 4 are both false. The acceptance by the donee’s ownership was transferred to the Republic. However, for the
The donation was recorded in the Registry of Deeds, and a donation to remain valid, the donee must comply with its
father alone or mother alone, even though in a public
certi cate of title to the property was transferred to the obligation to construct a government hospital and use the
document, ‘s not su cient because the father and the mother
province of Siquijor. In accordance with the Deed of
did not have a special power of attorney for the purpose. Subject Property as a hospital site. The donee failed to comply
Donation, the construction of a hospital building was started with the resolutory condition imposed in the Deed of
Under Article 745 (NCC), the donee must accept the
in the following year. Donation.
donation personally, or through an authorized person with a
special power of attorney for the purpose; otherwise, the Thus, the Sps. Tan may validly revoke the donation.
However, for reasons unknown, only the foundation of the
donation shall be poid.
hospital building has, to this day, been completed.
No. 3 is also false. B cannot accept the donation anytime at his (2019) A.5. X and Y were in a live-in relationship for the
Do the spouses Tan have valid grounds to revoke the
convenience. Under Article 749 NCC, the donee may accept longest time, and were already blessed with a child, Z. They
donation? Explain briefly.
the donation only during the lifetime of the donor. nally decided to get married on March 15, 2020. When X's
parents found about the news, they were thrilled and thus,
Yes, the Sps Tan may revoke the donation for failure of the
Reduction and Revocation donated in favor of Z, the family heirloom, particularly, a gold
donee to comply with the resolutory condition of building a
ring valued at P250,000.00, which X and Y orally accepted on
hospital.
(2022) II.5. In 2014, a wealthy young couple, the spouses behalf of their minor child. One day, X and Y got into a
Tan, moved by the spirit of generosity and love for their In a case of similar facts (Clemente v. Republic, G.R. No. serious quarrel, which resulted in them setting aside their
hometown in Siquijor, decided to donate a one-hectare lot in 220008, 20 Feb 2019), the Court ruled that the nature of the marriage plans.
favor of the province of Siquijor. The Deed of Donation donation is subject to a condition – the condition being the
(a) Is the donation to Z valid? Explain. (3%)

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(b) Assuming that the donation to Z is valid, may donation. The donation and Maria's acceptance thereof were behalf of the congregation, the Minister accepted the
X's parents revoke the donation on the ground evidenced by a Deed of Donation. Maria then lived in the donation. The Deed of Donation was not registered with the
that the marriage of X with Y did not push house and lot donated to her, religiously paying real estate Registry of Deeds.
through? Explain. (3%) taxes thereon. Twelve years later, when Jose had already passed
However, instead of constructing a place of worship, the
away, a woman claiming to be an illegitimate daughter of Jose Minister constructed a bungalow on the property he used as
(a) No, it is a void donation. This is an ordinary donation led a complaint against Maria. Claiming rights as an heir, the his residence. Disappointed with the Minister, the spouses
inter vivos, not a donation proper nuptias. The Civil Code woman prayed that Maria be ordered to reconvey the house revoked the donation and demanded that he vacate the
provides that if the value of the personal property donated and lot to Jose's estate. In her complaint she alleged that the premises immediately. But the Minister refused to leave,
exceeds ve thousand pesos, the donation and the acceptance notary public who notarized the Deed of Donation had an claiming that aside from using the bungalow as his residence,
shall be made in writing; otherwise, the donation shall be void. expired notarial commission when the Deed of Donation was he is also using it as a place of worship on special occasions.
A piece of jewelry like the family heirloom here which is a gold executed by Jose.
ring, valued at P250,000.00, is a personal property. Here, the Under the circumstances, can Alfredo and Racquel evict
Can Maria be made to reconvey the property? What the Minister and recover possession of the property?
acceptance was made orally; therefore, the donation is void can she put up as a defense? (4%)
(Article 748). If you were the couple's counsel, what action will you
take to protect the interests of your clients? 5%
(b) No, because it is an ordinary donation, not a donation No. Maria cannot be compelled to reconvey the property. The
propter nuptias. The ground that the marriage did not push Deed of Donation was void because it was not considered a
through may only be raised to revoke donations by reason of public document. However, a void donation can trigger Yes, Alfredo and Racquel can bring an action for ejectment
marriage which is de ned by Article 126 of the Family Code, acquisitive prescription. (Solis v. CA 176 SCRA 678; against the Minister for recovery of possession of the property
as those which are made before its celebration, in Doliendo v. Biarnesa 7 Phil. 232) The void donation has a evict the Minister and recover possession of the property. An
consideration of the same and in favor of one or both of the quality of titulo colorado enough for acquisitive prescription action for annulment of the donation, reconveyance and
future spouses (Art. 83, FC). Here, the donation was not especially since 12 years had lapsed from the deed of donation. damages should be led to protect the interests of my client.
made in favor of one or both of the future spouses, but in The donation is an onerous donation and therefore shall be
favor of their child. X’s parents, therefore, cannot revoke the governed by the rules on contracts. Because there was no
(2006) XI. Spouses Alfredo and Racquel were active
donation on the ground that the marriage of X with Y did not ful llment or compliance with the condition which is
members of a religious congregation. They donated a parcel of
push through. resolutory in character, the donation may now be revoked and
land in favor to that congregation in a duly notarized Deed of
all rights which the donee may have acquired under it shall be
Donation, subject to the condition that the Minister shall
deemed lost and extinguished (Central Philippine University,
(2015) IX. Jose, single, donated a house and lot to his only construct thereon a place of worship within 1 year from the
G.R. No. 112127, July 17,1995).
niece, Maria, who was of legal age and who accepted the acceptance of the donation. In an a davit he executed in

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Prescription inherits only the remaining period within which the insured tax purposes, and religiously paid all taxes due on the property.
may le an action against the wrongdoer. However, the same Anthony is not aware of the defect in Bert's title, but has been
(2022) I.11. Leon is the owner of a condominium unit case of Henson has laid out a rule that for actions that have in actual physical possession of the property from the time he
located directly above the condominium unit owned by Anj. not yet been led at the time of the nality of the Decision, for bought it from Bert, who had never been in possession of the
In 2014, Leon undertook renovations in his unit’s bathroom, cases where the tort was committed and the consequent property for one year.
which caused water to leak from his bathroom down to Anj’s loss/injury against the insured occurred prior to the nality of
a. Can Anthony acquire ownership of the property
unit, and caused extensive damage to Anj’s belongings. As Anj this Decision, the subrogee-insurer is given a period not by acquisitive prescription? How many more
had obtained property insurance on her unit and its contents exceeding four (4) years from the time of the nality of this years does he have possess it to acquire ownership?
from Proverbial Insurance Co. (PIC), Anj was able to recover Decision to le the action against the wrongdoer; provided, (2%)
the value of the damage in September 2016. that in all instances, the total period to le such case shall not b. If Carlo is able to legally recover his property,
exceed ten (10) years from the time the insurer is subrogated to can he require Anthony to account for all the
In October 2022, PIC, as subrogee of Anj, sued Leon to the rights of the insured.
fruits he has harvested from the property while
recover the insurance proceeds it paid to Anj. Leon interposed Here, PIC led its suit on October 2022 which is within the in possession? (2%)
prescription to dismiss the suit of PIC. PIC counters that the four year period after the nality of the Decision in Henson, c. If there are standing crops on the property when
payment of the insurance proceeds in 2016 created, by way of Jr. Also, the the tort was committed prior to the nality of the Carlo recovers possession, can Carlo appropriate
legal subrogation, a 10-year period within which to le the suit said Decision. Lastly, PIC was subrogated to the rights of Anj them? (2%)
against Leon. in 2016 which is within the ten year period. This means that
Is PIC correct? Explain briefly. PIC can rely on the prior ruling in Vector that gives it ten years (A) Yes, Anthony can acquire ownership of the property
to le the suit. through acquisitive prescription. In the present case, Anthony
Yes, the PIC is correct in that prescription has not yet set in. Thus, the contention of PIC is correct. is a buyer/possessor in good faith because he was not aware of
the defect in Bert's title (Art. 526, Civil Code). As such,
The Supreme Court in Henson, Jr. v. UCPB General
Anthony can acquire ownership and other real rights over
Insurance (G.R. No. 223134, August 14, 2019, En Banc) Distinctions Between Acquisitive and Extinctive
immovable property through open, continuous possession of
abandoned a prior ruling in Vector Shipping Corporation v. Prescription
10 years (Art. 1134, Civil Code). Anthony needs nine (9)
American Home Assurance Company that an insurer may le
more years of possession, in addition to his one (1) year of
an action against the tortfeasor within ten (10) years from the (2008) VII. Anthony bought a piece of untitled agricultural
possession in good faith.
time the insurer indemni es the insured. Following the land from Bert. Bert, in turn, acquired the property by forging
principles of subrogation, the insurer only steps into the shoes carlo's signature in a deed of sale over the property. Carlo had (B) If Carlo is able to legally recover his property, he cannot
of the insured and therefore, for purposes of prescription, been in possession of the property for 8 years, declared it for require Anthony to account for all the fruits harvested from

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the property. Anthony is entitled to the fruits harvested in Involuntary Dealings

Decide the case and rule on the defenses of laches and
good faith before his possession was legally interrupted (Art.
prescription. Explain your answer. (5%) Non-Registrable Properties
544, Civil Code).
(C) Yes, Carlos can appropriate only a portion of the standing The right of the registered owners, Joven and Juliana, to le Assurance Fund
crops on the property once he recovers possession. Anthony suit to recover their property, is not barred by prescription.
Reconstitution of Title
being a possessor in good faith, shall have a right to a part of Under Section 47 of P.D. No. 1529, no title to registered land
the expenses of cultivation, and to a part of the net harvest of in derogation of the title of the registered owner shall be
the standing crops, both in proportion to the time of the acquired by prescription or adverse possession. Proof of Original Registration (PD 1529)
possession (Art 545, Civil Code). possession by the owner in an action for reconveyance is
immaterial and inconsequential. The right to recover Who May Apply
Distinctions Between Extinctive Prescription and possession is equally imprescriptible since possession is a mere
Laches consequence of ownership (Republic v. Mendoza, G.R. No. (2022) II.6. Being an overseas worker, Salvador issued to
185091, August 9, 2010, 627 SCRA 443). The right of Joven Ronaldo a duly notarized Special Power of Attorney (SPA)
(2016) VIII. Joven and Juliana are the owners of a 30-hectare and Juliana to recover is not barred by laches, either. Laches authorizing the latter to enter into a contract of lease over
plantation in Cotabato, covered by a title. One day, a group of deals with unreasonable delay in ling the action. The owners’ Salvador's property covered by TCT No. 122433 for a period
armed men forcibly entered their house and, at gun point, delay, if any, cannot be construed as deliberate and intentional. of three years with SISI Corp. Salvador entrusted to Ronaldo
forced them to sign a Deed of Absolute Sale in favor of They were simply coerced out of Cotabato and threatened the owner's duplicate of the TCT in case SISI Corp. needed to
Romeo. Romeo got the title from them and they were ejected with death if they returned, and, thus, could not have led the verify the same.
from the house and threatened not to come back or else they action.
will be killed. The spouses went to Manila and resided there Hearing rumors that the subject property was sold, Salvador
for more than 35 years. They never went back to Cotabato for went to the Register of Deeds and was shocked to nd out
fear of their lives. Word came to them that peace and order Land Titles and Deeds that TCT No. 122433 had been cancelled and TCT No.
have been restored in their former place of residence and they 334388 had been issued in Eduardo’s name. To vindicate his
decided to reclaim their land for the bene t of their Original Registration (PD 1529) property rights, Salvador led a complaint for cancellation of
grandchildren. Joven and Juliana led a suit for reconveyance title and reconveyance. Salvador was able to prove that he was
Certi cate of Title out of the country when the purported sale was executed.
of their property. This was opposed by the grandson of
Romeo to whom the title was eventually transferred, on the Subsequent Registration
ground of laches and prescription. On the other hand, Eduardo claims to be an innocent
Voluntary Dealings purchase for value, stating that he paid the fair market value to

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Ronaldo and that he relied on the fact that Ronaldo presented declared the land occupied by Mike as alienable and
(A) As to the land occupied Mike, the same remains property
the original owner’s duplicate of Salvador’s TCT. He likewise disposable, and the one cultivated by Rigor as no longer of the public dominion. According to jurisprudence, the
inspected the property and determined that Salvador was intended for public use or public service. classi cation of the property as alienable and disposable land
indeed the owner. Rigor and Mike now come to you today for legal advice in of the public domain does not change its status as property of
If you were the judge, decide. Explain briefly. asserting their right of ownership of their respective lands the public dominion. There must be an express declaration by
based on their long possession and occupation since 1960. the State that the public dominion property is no longer
I will decide the case in favor of Salvador. intended for public service or the development of the national
(a) What are the legal consequences of the 1991
declarations of the Government respecting the wealth or that the property has been converted into
The Court in Uy v. Fule (G.R. No. 164961, June 30, 2014)
lands? Explain your answer. (2%) patrimonial. Without such express declaration, the property,
ruled that to prove good faith, a buyer of registered and titled
(b) Given that, according to Section 48(b) of even if classi ed as alienable or disposable, remains property of
land need only show that he relied on the face of the title to
Commonwealth Act No. 141, in relation to the public dominion. [Basis: Heirs of Mario Malabanan v.
the property. Such degree of proof of good faith, however, is
Republic, 587 SCRA 172 (2009); Heirs of Mario Malabanan
su cient only when, among others, the seller is the registered Section 14(1) of Presidential Decree No. 1529, the
v. Republic, 704 SCRA 561 (2013); discussed in my FB wall
owner of the land. open, continuous, exclusive and notorious
possession and occupation of alienable and on October 15 and 16, 2017 and pp. 338-344, Vol. 1,
Here, Eduardo relied on the original owner’s duplicate of Rabuya’s Civil Law Reviewer]
disposable lands of the public domain as basis for
Salvador’s TCT presented by Ronaldo. However, it is clear
judicial confirmation of imperfect title must be As to the land occupied by Rigor, the declaration that it is no
that the seller, Ronaldo, is not the registered owner as seen in
from June 12, 1945, or earlier, may Mike longer intended for public use or public service converted the
the TCT. This should have alerted Eduardo and investigated
nonetheless validly base his assertion of the right same into patrimonial property provided that such express
further to which he did not. Eduardo was thus not an
of ownership on prescription under the Civil declaration was in the form of a law duly enacted by Congress
innocent purchaser for value.
Code? Explain your answer. (4%) or in a Presidential Proclamation in cases where the President
Therefore, the complaint for cancellation of title and (c) Does Rigor have legal basis for his application was duly authorized by law. According to jurisprudence, when
reconveyance should be granted in favor of Salvador. for judicial confirmation of imperfect title based public land is no longer intended for public use, public service
on prescription as defined by the Civil Code given or for the development of the national wealth it is thereby
(2017) II. In 1960, Rigor and Mike occupied two separate that, like Mike, his open, continuous, exclusive e ectively removed from the ambit of public dominion and
but adjacent tracts of land in Mindoro. Rigor's tract was and notorious possession and occupation was not
classi ed as timber land while Mike's was classi ed as since June 12, 1945, or earlier, and his tract of
agricultural land. Each of them fenced and cultivated his own land was timber land until the declaration in
tract continuously for 30 years. In 1991, the Government 1991? Explain your answer. (4%)

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converted into patrimonial provided that the declaration of the property into patrimonial in the absence of an express
[Basis: Heirs of Mario Malabanan v. Republic, 587 SCRA 172
such conversion must be made in the form of a law duly declaration of such conversion into patrimonial in the form of (2009); Heirs of Mario Malabanan v. Republic, 704 SCRA
enacted by Congress or by a Presidential proclamation in cases a law duly enacted by Congress or by a Presidential 561 (2013); discussed in my FB wall on October 15 and 16,
where the President is duly authorized by law to that e ect. proclamation in cases where the President is duly authorized
2017 and pp. 338-344, Vol. 1, Rabuya’s Civil Law Reviewer]
[Basis: Heirs of Mario Malabanan v. Republic, 587 SCRA 172 by law to that e ect.
(2009); Heirs of Mario Malabanan v. Republic, 704 SCRA
(C) None, because Rigor’s possession was short of the period (2016) XIV. On February 28, 1998, Arthur led an
561 (2013); discussed in my FB wall on October 15 and 16, required by the Civil Code for purposes of acquisitive application for registration of title of a lot in Ternate, Cavite
2017 and pp. 338-344, Vol. 1, Rabuya’s Civil Law Reviewer] prescription which requires ten (10) years of continuous before the Regional Trial Court of Naic, Cavite under Section
(B) No, because the land remains property of public possession, if possession was in good faith and with a just title, 48(b) of Commonwealth Act No. 141 (CA 141) for judicial
dominion and, therefore, not susceptible to acquisition by or thirty years, in any event. con rmation of imperfect title. Section 48(b) of CA 141
prescription. requires possession counted from June 12, 1945. Arthur
While the property may be considered converted into
According to jurisprudence, the classi cation of the subject patrimonial because of the 1991 declaration that it is no longer presented testimonial and documentary evidence that his
property as alienable and disposable land of the public domain intended for public use or public service (provided that the possession and that of his predecessors-in-interest started in
does not change its status as property of the public dominion. declaration be in the form of a law of a law duly enacted by 1936. The lot was declared alienable and disposable (A and D)
In order to convert the property into patrimonial, there must Congress or by a Presidential proclamation in cases where the in 1993 based on a PENRO certi cation and a certi ed true
be an express declaration by the State that the public President is duly authorized by law to that e ect), Rigor failed copy of the original classi cation made by the DENR
dominion property is no longer intended for public service or to complete the 30-year period required by law in case of Secretary. The government opposed the application on the
the development of the national wealth or that the property extraordinary prescription. Since the property was converted ground that the lot was certi ed A and D only in 1993 while
has been converted into patrimonial. Without such express into patrimonial only in 1991, the period of prescription the application was instituted only in 1998. Arthur's
declaration, the property, even if classi ed as alienable or commenced to run beginning that year only. Rigor’s possession of ve (5) years from the date of declaration does
disposable, remains property of the public dominion, and thus possession prior to the conversion of the property into not comply with the 30-year period required under CA 141.
incapable of acquisition by prescription. [Basis: Heirs of patrimonial cannot be counted for the purpose of completing Should the possession of Arthur be reckoned from the
Mario Malabanan v. Republic, 587 SCRA 172 (2009); Heirs the prescriptive period because prescription did not operate date when the lot was declared A and D or from the date
of Mario Malabanan v. Republic, 704 SCRA 561 (2013); against the State at that time, the property then being public of actual possession of the applicant? Explain. (5%)
discussed in my FB wall on October 15 and 16, 2017 and pp. dominion property.
338-344, Vol. 1, Rabuya’s Civil Law Reviewer] Arthur’s possession should be reckoned from the date of his
Rigor may not likewise acquire ownership by virtue of the
Here, the declaration of the property into alienable and shorter 10-year ordinary prescription because his possession actual possession, by himself and his predecessors-in-interest,
disposable land of the public domain in 1991 did not convert was not in good faith and without a just title. since 1936. Under Section 48(b) of CA. 141, as amended by

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PD No. 1973, the length of the requisite possession was occupation of alienable and disposable lands for the public
(A) What are the laws that you need to consider in
changed from possession for “thirty (30) years immediately advising Manuel on how he can perfect his title domain under a bona de claim of ownership since June 12,
preceding the ling of the applications to possession “since and register the land in his name? Explain the 1945 or earlier. Since Manuel’s father Michael had been in
June 12, 1945 or earlier”. But possession is di erent from relevance of these laws to your projected course of open, continuous, exclusive and notorious possession of the
classi cation. As held in Malabanan v. Republic (G.R. No. land since 1935, and that the land was declared alienable in the
action. (4%)
179987, April 29, 2009, 587 SCRA . 172), it is only necessary same year, his possession has ripened into ownership which
(B) What do you have to prove to secure Manuel's
that the land be already classi ed as A and D “at the time the objectives and what documentation are entitles him or his successor Manuel to le an application for
application for registration is led” to make public the release necessary? (4%) judicial con rmation of imperfect title.
of the property for alienation or disposition. But the
(B) I have to prove that the land was already declared alienable
possession of Arthur even prior to the classi cation of the land at the time that Manuel or his father Michael took possession
(A) For purposes of con rmation of imperfect title, I will have
as A and D shall be counted in determining the period of of the land and that their possession was open, continuous,
to consider the provisions of Commonwealth Act No. 141 as
possession.
well as the Property Registration Decree or P.D. 1529 in giving exclusive and notorious which started prior to or on June 12,
my advice to Manuel. C.A. No. 141 which amended the 1945 as required by C.A. No. 141. To prove the rst requisite,
(2013) I.X. Manuel was born on 12 March 1940 in a 1 second Public Land Act (Act 2874) provides that there are the original classi cation of the land as approved by the
000-square meter property where he grew up helping his two requisites for judicial con rmation of imperfect title DENR Secretary (Republic v. T.A. N. Properties 555 SCRA
father, Michael, cultivate the land. Michael has lived on the namely: 4777 (2008) or in lieu thereof, a Certi cation by the DENR
property since the land was opened for settlement at about the Regional o ce attesting to the alienable and disposable
1) open and continuous, exclusive and notorious possession
time of the Commonwealth government in 1935, but for character of the land (Republic v. Serrano G.R. No. 183063 –
and occupation of the land by himself or through his
some reason never secured any title to the property other than February 24, 2010) must have to be submitted. I also have to
predecessor in interest under bona de claim of ownership
a tax declaration in his name. He has held the property le together with the application for registration all original
since June 12, 1945; and
through the years in the concept of an owner and his stay was muniments of title or copies thereof and a survey plan of the
uncontested by others. He has also conscientiously and 2) the classi cation of the land as alienable and disposable land land approved by the Bureau of Lands in accordance with
continuously paid the realty taxes on the land. of the public domain. (Secretary of DENR v. Yap -G.R. NO. Section 17 of P.D. 1529.2 Manuel may also submit the tax
167707, October 8, 2008) declarations and tax payment receipts which have been ruled
Michael died in 2000 and Manuel - as Michael’s only son and
heir -now wants to secure and register title to the land in his The Property Registration Decree or P.D. 1529 provides who to be good indications of possession in the concept of owner
own name. He consults you for legal advice as he wants to may le an application for registration of title to the land (Republic vs. Candy Maker, Inc. G.R. No. 163766, June 22,
perfect his title to the land and secure its registration in his under Section 141 thereof which provides that those who by 2006).
name. themselves or their predecessors-in-interest have been in open,
continuous, exclusive and notorious possession and

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(2012) V.b. Jambrich, an Austrian, fell in-love and lived properties, his subsequent transfer of all his interest therein to the lot to Juan. In the notarized deed of sale, the sellers
together with Descallar and bought their houses and lots at Borromeo, a Filipino, was valid as it removed the expressly undertook to submit the deed of sale to the land
Agro-Macro Subdivision. In the Contracts to Sell, Jambrich disquali cation. In such case, the properties are owned by registration court so that the title to the property would be
and Descallar were referred to as the buyers. When the Deed of Borromeo and Descallar in equal shares. directly issued in Juan's name.
Absolute Sale was presented for registration before the
If, on the other hand, Jambrich and Descallar were not Is such a stipulation valid? (2%)
Register of Deeds, it was refused because Jambrich was an capacitated to marry each other Art. 148-co-ownership
alien and could not acquire alienable lands of the public governs their property relations. Under this regime, Jambrich Yes, because when one who is not the owner of the property
domain. After Jambrich and Descallar separated, Jambrich and Descallar are co-owners of the properties but only if both sells or alienates it and later the seller or grantor acquires title,
purchased an engine and some accessories for his boat from of them contributed in their acquisition. If all the funds used such title passes by operation of law to the buyer or grantee.
Borromeo. To pay for his debt, he sold his rights and interests in acquiring the properties in question came from Jambrich, (Article 1434, Civil Code)
in the Agro-Macro properties to Borromeo.
the entire property is his even though he is disquali ed from
Borromeo discovered that titles to the three (3) lots have been owning it. His subsequent transfer to Borromeo, however, is
transferred in the name of Descallar. valid as it removed the disquali cation. In such case, all the Certificate of Title
properties are owned by Borromeo. If, on the other hand
Who is the rightful owner of the properties? Explain.
(5%) Descallar contributed to their acquisition, the properties are (2022) II.9. This case involves two competing titles: TCT
co- owned by Descallar and Borromeo in proportion to the No. 23456 in the name of Flor and TCT No. 65432 in the
respective contributions of the Descallar and Jambrich. name of de Luna. Flor’s title was derived from Rodrigo.
It depends. On the assumption that the Family Code is the
applicable law, the ownership of the properties depends on Note: The facts of the problem are not exactly the same as in Rodrigo’s title was originally obtained through a judicial
whether or not, Jambrich and Descallar are capacitated to the case of Borromeo v. Descallar, G.R. No.159310, Feb 24, con rmation of title in 1950 based on a survey plan approved
marry each other during their cohabitation, and whether or 2009, hence, the di erence in the resulting answer. in 1931. On the other hand, de Luna derived her TCT No.
not both have contributed funds for the acquisition of the 65432 from Diaz who obtained an original title through
properties. If both of them are capacitated to marry each judicial con rmation of title at a much later date, in 1970, on
Decree of Registration
other, Art 147- co-ownership will apply to their property the basis of a survey plan approved in 1921. It turned out that
relations and the properties in question are owned by them in Flor’s TCT No. 23456, although titled prior in time, was
(2015) XX.A. Mr. and Mrs. Roman and Mr. and Mrs. Cruz
equal shares even though all the funds used in acquiring the based on a survey plan that was marred with numerous
led an application for registration of a parcel of land which
properties came only from the salaries or wages, or the income blatant, obvious and serious defects, to the point that the trial
after due proceedings was granted by the RTC acting as a land
of Jambrich from his business or profession. In such case, court found it dubious, irregularly approved and was therefore
registration court. However, before the decree of registration
while Jambrich is disquali ed to own any part of the fake.
could be issued, the spouses Roman and the spouses Cruz sold

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to guard or protect his or her interest. Akiko and the other heirs can argue that the RBSC was remiss
(a) Discuss the principle of “qui prior est tempore,
potior est jure” in the torrens system of land Here, Flor's title was derived from Rodrigo's title which was in its duty as mortgagee-bank to exercise greater care and
registration. obtained much earlier in time than that of De Luna's. By prudence in its dealings.
virtue of the indefeasibility of a torrens title, Flor should not
The Supreme Court has ruled (Heirs of Macalalad v. Rural
(b) As between Flor and de Luna, whose title should be faulted in relying on Rodrigo's title. Although the survey Bank of Pola, G.R. No. 200899, June 20, 2018) that a banking
be declared valid and whose title should be plan from which Rodrigo's title was based from was marred by institution is expected to exercise due diligence before entering
voided? Explain briefly. irregularities, the fact remains that Flor's title was titled prior into a mortgage contract. It cannot rely merely on the
in time.
certi cate of title o ered by the mortgagor in ascertaining the
(a) The governing principle is prius tempore, potior jure ( rst
Thus, Flor's title is valid, while that of de Luna's is void. status of mortgaged properties. Before approving a loan
in time, stronger in right). Knowledge by the rst buyer of the
application, it is a standard operating practice for these
second sale cannot defeat the rst buyer's rights except when
(2022) II.7. Atoy is one of the ve children of Jawo. Jawo was institutions to conduct an ocular inspection of the property
the second buyer rst registers in good faith the second sale
the registered owner of a four-hectare parcel of land in Sta. o ered for mortgage and to verify the genuineness of the title
(Olivares vs. Gonzales, 159 SCRA 33). Conversely, knowledge
Cruz, Laguna covered by TCT No. 77347. When Jawo died, to determine the real owners thereof.
gained by the second buyer of the rst sale defeats his rights
even if he is rst to register, since such knowledge taints his the owner’s duplicate of the TCT was kept by Jawo’s Here, it was not shown that RBSC ascertained the true
registration with bad faith (see also Astorga vs. Court of daughter, Akiko (sister of Atoy), who resided in the said ownership of the property mortgaged to it by conducting the
Appeals, G.R. No. 58530, 26 December 1984). In Cruz vs. property. Wanting to have the said four-hectare property necessary ocular inspection. In fact, Atoy was able to
Cabana (G.R. No. 56232, 22 June 1984; 129 SCRA 656), it registered under his name, Atoy got in touch with Franz who immediately mortgage the property to RBSC after obtaining
was held that it is essential, to merit the protection of Art. had special connections with the Register of Deeds of Sta. the TCT in its name. RBSC is therefore not an innocent
1544, second paragraph, that the second realty buyer must act Cruz, Laguna. TCT No. 77347 was then cancelled and TCT purchaser for value.
in good faith in registering his deed of sale (citing Carbonell No. 84660 was issued in Atoy’s name on January 29, 2013.
vs. Court of Appeals, 69 SCRA 99, Crisostomo vs. CA, G.R. Atoy immediately mortgaged the property to the Rural Bank (2015) XX.B. Distinguish a direct attack from a
95843, 02 September 1992). of Sta. Cruz (RBSC). Upon default and after being declared collateral attack on a title. (2%)
the winning bidder in the extrajudicial foreclosure sale, RBSC
(b) The title of Flor should be declared valid, and that of de
consolidated ownership with the issuance of TCT No. 94477
Luna be voided. A direct attack on a title is one where the action led is
in its name.
precisely for the purpose of pointing out the defects in the title
The Court in Sps. Carpo v. Ayala Land ruled that a party
How will Akiko and the other heirs of Jawo be able to with a prayer that it be declared void. A collateral attack is one
dealing with a registered land need not go beyond the
successfully argue that RBSC is not an innocent where the action is not instituted for the purpose of attacking
Certi cate of Title to determine the true owner thereof so as
purchaser for value? Explain briefly. the title but the nullity of the title is raised as a defense in a

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di erent action. Dehlma's name. Dehlma immediately took possession over the issued in Dehlma's name. Act 3344 is applicable exclusively to
house and lot and the movables therein. Thereafter, Dehlma instruments resulting from agreement of parties thereto and
(2015) XX.B. If the title in Item XX.A is issued in the names went to the Assessor's O ce to get a new tax declaration does not apply to deeds of a sheri conveying to a purchaser
of the original sellers, would a motion led by Juan in the under her name. She was surprised to nd out that the unregistered lands sold to him under execution (Williams v.
same case to correct or amend the title in order to re ect his property was already declared for tax purposes in the name of Suñer, 49 Phil. ,534).
name as owner be considered a collateral attack? (2%) XYZ Bank which had foreclosed the mortgage on the property
(C) Dehlma owns the movables because when she acquired
before it was sold to her. XYZ Bank was also the purchaser in the house and lot from Juliet, all the furniture and appliances
No, because Juan is not attacking the title but merely invoking the foreclosure sale of the property. At that time, the property therein were included in the sale. As owner of the real
his right as transferee. Hence, it does not involve a collateral was still unregistered but XYZ Bank registered the Sheri 's property, Dehlma also owns the movables found therein (Art.
attack on the title. Deed of Conveyance in the day book of the Register of Deeds 542, Civil Code).
under Act. 3344 and obtained a tax declaration in its name.
a. Was Dehlma a purchaser in good faith? (2%)
Subsequent Registration b. Who as between Dehlma and XYZ Bank has a Involuntary Dealings
better right to the house and lot? (2%)
Voluntary Dealings c. Who owns the movables inside the house? (2%) (2016) XVII. Macario bought a titled lot from Ramon, got
the title and took possession of the lot. Since Macario did not
(2008) XIX. Juliet o ered to sell her house and lot, together (A) Yes, Dehlma is a purchaser in good faith. In the present have the money to pay the taxes, fees and registration expenses,
with all the furniture and appliances therein to Dehlma. case, before Dehlma bought the property, she went to the he was not able to register the Deed of Absolute Sale. Upon
Before agreeing to purchase the property, Dehlma went to the Register of Deeds to verify Juliet's title. When she discovered advice, he merely executed an A davit of Adverse Claim and
Register of Deeds to verify Juliet's title. She discovered that that the property was mortgaged to Elaine, she gave an had it annotated at the back of the title. A few years after, he
while the property was registered in Juliet's name under the advance payment so that Juliet could release the mortgage. It received a Notice of Levy on Attachment and Writ of
Land Registration Act, as amended by the Property was only after the mortgage was released and free from the Execution in favor of Alex. The notice, writ and certi cate of
Registration Decree, Dehlma told Juliet to redeem the claims of other persons that Dehlma bought the property. sale were annotated at the back of the title still in Ramon's
property from Elaine, and gave her an advance payment to be Thus, Dehlma is a purchaser in good faith (Mathay v. CA, name. Alex contends that since the A davit of Adverse Claim
used for purposes of releasing the mortgage on the property. G.R. No. 115788, 17 Sept, 1998). is e ective only for 30 days from the date of its registration,
When the mortgage was released, Juliet executed a Deed of then its validity has expired. Macario posits that the
(B) Between Dehlma and XYZ Bank, Dehlma has a better
Absolute Sale over the property which was duly registered annotation of his adverse claim is notice to the whole world of
right to the house and lot. After the release of the mortgage,
with the Registry of Deeds, and a new TCT was issued in his purchase of the lot in question.
the Deed of Absolute Sale was registered and a new title was

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developed, semi-developed or raw land. The management of forged a Deed of Absolute Sale and made it appear that O sold
Who has the superior right over the disputed property -
Bedrock asks you as the company counsel to prepare a manual the property to him. Consequently, F was able to have OCT
Macario or Alex? Explain. (5%)
containing a summary of the pertinent laws and regulations No. 0-1234 cancelled and in lieu thereof, a new title, Transfer
relating to land registration and acquisition of title to land. Certi cate of Title (TCT) No. T-4321, was issued in his name.
Macario is preferred since the registration of his adverse claim
The manual should include the following items:
was made ahead of the notice of levy and writ of execution in A few months after, F o ered the property for sale to X. After
favor of Alex. Macario’s adverse claim, coupled with the fact a. What is the governing law? conducting the required due diligence to verify the title of F,
that he was in possession of the disputed property, are b. What properties are not registrable? and nding no occupant in the property during ocular
circumstances which should have put Alex on constructive inspection, X signed the contract of sale, and thereupon, fully
notice that the property being o ered to him had already been (A) The governing law is the Land Registration Act as paid the purchase price. A few days later, X was able to obtain
sold to another (Ching v. Enrile, G.R. No. 156076, September amended by Property Registration Decree (Act 496 as TCT No. T- 5678 under his name.
17, 2008). The contention that the adverse claim is e ective amended by PD 1529). When O discovered F's fraudulent acts upon his return in
only for 30 years is incorrect. In Sajonas v. Court of Appeals (B) The following properties are not registrable: 2017, 0 immediately led a complaint for reconveyance against
(G.R. No. 102377, July 5, 1996, 258 SCRA 79), the Court F and X, principally pointing out that F merely forged his
held that the adverse claim does not ipso facto lose its validity (1) Properties of the Public dominion;
signature in the Deed of Absolute Sale purportedly made in
since an independent action is still necessary to render it (2) Properties for public use or public service; F's favor and thus, F could not have validly transferred the title
ine ective. Until then, the adverse claim shall continue as a thereof to X. Consequently, he sought the return of the
(3) Inalienable lands of the public domain;
prior lien on the property. subject property to him.
(4) Military installations, civil and quasi- public lands; and
(a) Will the prayer of O for the return of the subject
(5) All lands not classi ed as alienable and disposable.
property prosper? Explain. (3%)
Non-Registrable Properties
(b) Assuming that O could no longer recover the
subject property in view of X's registration
(2007) IV. Bedrock Land & Property Development Corp. is a Assurance Fund
thereof in his name, may a claim against the
development company engaged in developing and selling
Assurance Fund pursuant to the provisions of the
subdivisions, condominium units and industrial estates. In (2019) B.17. In 2015, 0, the original registered owner of a
Property Registration Decree be instituted?
order to replenish its inventories, it embarked on an aggressive 300-square meter property covered by Original Certi cate of
Explain. (3%)
land banking program. It employed "scouts" who roam all over Title (OCT) No. 0-1234, appointed F as its caretaker. A year
the Philippines to look for and conduct investigations on after, while O was abroad, F surreptitiously broke open O's
(A) No, the prayer of O will not prosper, because X purchased
prospective sites for acquisition and development, whether safe and stole the duplicate copy of the said OCT. F then
the land from an apparent owner in good faith and for value.

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Section 53 of P.D. 1529 provides that in all cases of Solicitor General (OSG), prays for the denial of the petition,
(2022) II.10. In 2008, a re razed the Register of Deeds of
registration procured by fraud, the owner may pursue all his and argues that the foregoing documents are insu cient for
San Fernando, Pampanga (RD). Several titles on le were
legal and equitable remedies against the parties to such fraud reconstitution of TCT No. 49933.
burned. Long before the re, Tito, Vic, and Joey had been
without prejudice, however, to the rights of any innocent
living in a 350-sq. m. lot covered by TCT No. 49933, which Should the petition for reconstitution be granted?
holder for value of a certi cate of title. The Court in the case
they inherited from their parents. The original of TCT No. Explain briefly.
of Heirs of Abalon v. Andal (G.R. No. 183448, June 30,
49933 on le with the RD was among the titles which were
2014), de ned an innocent purchaser for value as one who
burned. To e ect the partition agreed among them, the No, the petition for reconstitution should not be granted for
buys the property of another without notice that some other
siblings led a veri ed petition for reconstitution of the TCT failure to strictly comply with the requirements under Sec. 3
person has a right to or interest therein and who then pays a
before your court. of RA No. 26.
full and fair price for it at the time of the purchase or before
receiving a notice of the claim or interest of some other Sec. 3 of RA No 26 provides that transfer certi cates of title
To support the petition, the siblings presented: shall be reconstituted from the owner's duplicate of the
persons in the property.
(i) a notarized a davit of loss duly recorded and registered certi cate of title, the co-owner's, mortgagee's, or lessee's
(B) Yes, a claim against the Assurance Fund may be instituted. with the RD; duplicate of the certi cate of title, a certi ed copy of the
Section 95 of P.D. 1529 provides that a person who, without (ii) a photocopy of TCT No. 49933; certi cate of title, previously issued by the register of deeds or
negligence on his part, sustains loss or damage, or is deprived (iii) real property tax declarations and receipts to evidence by a legal custodian thereof, the deed of transfer or other
of land or any estate or interest therein in consequence of the payment of real property taxes, together with the sketch and document, on le in the registry of deeds, containing the
bringing of the land under the operation of the Torrens system subdivision plan; description of the property, or an authenticated copy thereof,
arising after original registration of land, through fraud or in (iv) a Land Registration Authority (LRA) Report which a document, on le in the registry of deeds, by which the
consequence of any error, omission, mistake or misdescription states that the survey and subdivision plans and the technical property, the description of which is given in said document,
in any certi cate of title or in any entry or memorandum in description of the property may be used as a basis for is mortgaged, leased or encumbered, or an authenticated copy
the registration book, and who by the provisions of this inscription of the technical description of the reconstituted of said document showing that its original had been registered.
Decree is barred or otherwise precluded under the provision of property;
any law from bringing an action for the recovery of such land Here, none of the above mentioned documents was presented
(v) a micro lm copy of the plans and technical description on
or the estate or interest therein, may bring an action in any by herein petitioners. Republic v. Lorenzo has ruled that the
le with the LRA; and
court of competent jurisdiction for the recovery of damages to party praying for the reconstitution of a title must show that
(vi) the Extrajudicial Settlement of Estate executed among
be paid out of the Assurance Fund. he had, in fact, sought to secure such documents and failed to
them.
nd them before presentation of “other documents” as
evidence in substitution is allowed.
The public prosecutor, duly deputized by the O ce of the
Reconstitution of Title Therefore, the petition for reconstitution should not be

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granted. Legacies and Devises unworthiness of an heir only if there is a nal judgment of
conviction (Article 1032, Civil Code). The given facts do not
General Provisions mention that Santino was convicted of an attempt against the
Wills and Succession life of Sol.
(2018) V. Sol Soldivino, widow, passed away, leaving two (2) Sara is also capacitated to inherit from Sol. The statement
Testamentary Succession legitimate children: a 25-year old son, Santino (whom she had found in Article 1027 of the Civil Code that an attesting
not spoken to for ve [5] years prior to her death since he witness to the execution of a will shall be incapable of
Intestate Succession
attempted to kill her at that time), and a 20-year-old daughter, succeeding is quali ed by Article 823, Civil Code, which
Provisions Common to Testate and Intestate Succession Sara. She left an estate worth PhP8 million and a will provides that the devise or legacy in favor of a person who is an
containing only one provision: that PhP1 million should be attesting witness to the execution to the will shall be void. Sara
given to "the priest who o ciated at my wedding to my is not a devisee or legatee under Sol’s will. She is an intestate
Testamentary Succession
children's late father." Sara, together with two (2) of her and compulsory heir.
General Provisions friends, acted as an attesting witness to the will.
The priest is also capable of succeeding as a legatee, because
On the assumption that the will is admitted for probate under Article 1027, Civil Code only the priest who heard the
Form of Notarial and Holographic Wills
and that there are no debts, divide the estate and confession of the testator during his last illness and his relatives
Witnesses to a Notarial Will indicate the heirs/legatees entitled to inherit, the within the fourth degree and the church to which he belongs
amount that each of them will inherit, and where (i.e., are disquali ed from inheriting from the decedent by will. The
Modes of Revocation of Wills and Testamentary
legitime/free portion/intestate share) their shares should priest only o ciated the wedding of the decedent.
Dispositions be charged. (5%)

Heirs Form of Notarial and Holographic Wills

Santino and Sara are entitled to P3.5 Million each while the
Legitime priest who o ciated at the wedding of Sol to her children’s (2022) I.4. In 2013, Agaton, then 70 years old, executed a will
father is entitled to receive P1 Million as legacy from the free
Preterition wherein he bequeathed his entire estate to his acknowledged
portion of the Sol’s estate. 2 Million out of the 3.5 Million
illegitimate son Karl. Agaton entrusted the original copy of the
Conditional Dispositions and Dispositions comes from their legitime, while the remaining 1.5 Million is 2013 will to Karl. In 2014, Karl joined a group of mercenaries
from the free portion.
to ght in Crimea alongside the Russians. After Russia’s
Void Testamentary Dispositions
Santino is not disquali ed to inherit from her mother, because annexation of Crimea, Karl did not return to the Philippines
Disinheritance an attempt against the life of the decedent is a cause for and was never heard of. Five years later, in 2019, Agaton

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executed a codicil which provided the following: “Because of (2012) VII.a. Natividad’s holographic will, which had only (2009) VI. On December 1, 2000, Dr. Juanito Fuentes
the death of Karl, I revoke my 2013 will. I hereby recognize one (1) substantial provision, as rst written, named Rosa as executed a holographic will, wherein he gave nothing to his
Gian as my other illegitimate son, and hereby bequeath to him her sole heir. However, when Gregorio presented it for recognized illegitimate son, Jay. Dr. Fuentes left for the United
my entire estate.” Agaton died in 2020. probate, it already contained an alteration, naming Gregorio, States, passed the New York medical licensure examinations,
instead of Rosa, as sole heir, but without authentication by resided therein, and became a naturalized American citizen.
During the probate of Agaton’s 2019 codicil, Karl appeared in Natividad’s signature. Rosa opposes the probate alleging such He died in New York in 2007. The laws of New York do not
court, presented the 2013 will, contested the validity of its lack of proper authentication. She claims that the unaltered recognize holographic wills or compulsory heirs.
revocation, opposed the probate of the 2019 codicil, and form of the will should be given e ect. a. Can the holographic will of Dr. Fuentes be
sought the probate of the 2013 will. Both the 2013 will and Whose claim should be granted? Explain. (5%) admitted to probate in the Philippines? Why or
2019 codicil were immaculate as to form. why not? (3%)
(a) Did the 2019 codicil revoke the 2013 will? It depends. If the cancellation of Rosa’s name in the will was b. Assuming that the will is probated in the
Explain briefly. done by the testator himself, Rosa’s claimed that the Philippines, can Jay validly insist that he be
holographic will in its original tenor should be given e ect given his legitime? Why or why not? (3%)
(b) Distribute the estate of Agaton. Explain briefly. must be denied. The said cancellation has revoked the entire
will as nothing remains of the will after the name of Rosa was (A) Yes, the holographic will of Dr. Fuentes may be admitted
(a) No, the 2019 codicil did not revoke the 2013 will as it was cancelled. Such cancellation is valid revocation of the will and to probate in the Philippines because there is no public policy
based on a false cause. does not require authentication by the full signature of the violated by such probate. The only issue at probate is the due
Art. 833 of the NCC provides that a revocation of a will based testator to be e ective. However, if the cancellation of Rosa’s execution of the will which includes the formal validity of the
on a false cause or an illegal cause is null and void. name was not done by the testator himself, such cancellation will. As regards formal validity, the only issue the court will
shall not be e ective and the will in its original tenor shall resolve at probate is whether or not the will was executed in
Here, the revocation was based on the false cause that Karl
remain valid. The e ectively of the holographic will cannot be accordance with the form prescribed by the law observed by
died, when in fact he is still alive. Thus, the 2019 codicil did
left to the mercy of unscrupulous third parties. The writing of the testator in the execution of his will. For purposes of
not revoke the 2013 will. (Paras III, 2021 ed. page 148)
Gregorio’s name as sole heir was ine ective, even though probate in the Philippines, an alien testator may observe the
(b) The 2019 codicil supplemented the 2013 will. Thus, written by the testator himself, because such is an alteration law of the place where the will was executed (Art 17, NCC), or
Agaton recognized two heirs, Karl and Gian. For this reason, that requires authentication by the full signature of the the formalities of the law of the place where he resides, or
the estate of Agaton should be equally distributed to Karl and testator to be valid and e ective. Not having an authenticated, according to the formalities of the law of his own country, or
Gian. the designation of Gregorio as an heir was ine ective, (Kalaw in accordance with the Philippine Civil Code (Art. 816,
v. Relova, G.R. No. L-40207, Sept 28, 1984). NCC). Since Dr. Fuentes executed his will in accordance with
the Philippine law, the Philippine court shall apply the New

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Civil Code in determining the formal validity of the they live. John and Paul died tragically in the London Subway During the day of signing of her will, Clara fell down the stairs
holographic will. The subsequent change in the citizenship of terrorist attack in 2005. Peter and Paul led a petition for and broke her arms. Coming from the hospital, Clara insisted
Dr. Fuentes did not a ect the law governing the validity of his probate of their parent's will before a Makati Regional Trial on signing her will by thumb mark and said that she can sign
will. Under the new Civil Code, which was the law used by Court. her full name later. While the will was being signed, Roberta
Dr. Fuentes, the law enforced at the time of execution of the experienced a stomach ache and kept going to the restroom for
a. Should the will be admitted to probate? (2%)
will shall govern the formal validity of the will (Art. 795, long periods of time. Hannah, while waiting for her turn to
b. Are the testamentary dispositions valid? (2%)
NCC). c. Is the testamentary prohibition against the
sign the will, was reading the 7th Harry Potter book on the
couch, beside the table on which everyone was signing.
(B) No, Jay cannot insist because under New York law he is division of the London estate valid? (2%)
not a compulsory heir entitled to a legitime. Benjamin, aside from witnessing the will, also o ered to
notarize it. A week after, Clara was run over by a drunk driver
The national law of the testator determines who his heirs are, (A) No. The will cannot be admitted to probate because a
while crossing the street in Greenbelt.
the order that they succeed, how much their successional joint will is expressly prohibited under Art. 818 of the Civil
rights are, and whether or not a testamentary disposition in his Code. This provision applies John and Paula became Filipino May the will of Clara be admitted to probate? Give your
citizens after their marriage. reasons briefly.
will is valid (Art 16, NCC). Since, Dr. Fuentes was a US
citizen, the laws of the New York determines who his heirs are. (B) No. The testamentary dispositions are not valid because
And since the New York law does not recognize the concept of (a) omission of Mary, a legitimate child, is tantamount to Probate should be denied. The requirement that the testator
compulsory heirs, Jay is not a compulsory heir of Dr. Fuentes preterition which shall annul the institution of Peter and Paul and at least three (3) witnesses must sign all in the "presence"
entitled to a legitime. of one another was not complied with. Benjamin who
as heirs (Art. 854, Civil Code); and, (b) the disposition that
notarized the will is disquali ed as a witness, hence he cannot
Peter and Paul could not dispose of nor divide the London
estate for more than 20 years is void (Art. 870, Civil Code). be counted as one of the three witnesses (Cruz v. Villasor, 54
(2008) XI.
SCRA 31, 1973). The testatrix and the other witnesses signed
John and Paula, British citizens at birth, acquired Philippine (C) Assuming the will of John and Maria was valid, the the will not in the presence of Roberta because she was in the
citizenship by naturalization after their marriage. During their testamentary prohibition on the division of the London estate restroom for extended periods of time. Inside the restroom,
marriage the couple acquired substantial landholdings in shall be valid but only for 20 years. Under Arts 1083 and 494 Roberta could not have possibly seen the testatrix and the
London and in Makati. Paula bore John three children, Peter, of the NCC, a testamentary disposition of the testator cannot other witnesses sign the will by merely casting her eyes in the
Paul and Mary. In one of their trips to London, the couple forbid the partition of all or part of the estate for a period proper direction (Jaboneta v. Gustilo, 5 Phil 541, 1906; Nera
executed a joint will appointing each other as their heirs and longer than twenty (20) years. v. Rimando, 18 Phil 451, 1914). Therefore, the testatrix signed
providing that upon the death of the survivor between them the will in the presence of only two witnesses, and only two
the entire estate would go to Peter and Paul only but the two (2007) VI. Clara, thinking of her mortality, drafted a will and witnesses signed the will in the presence of the testatrix and of
could not dispose of nor divide the London estate as long as asked Roberta, Hannah, Luisa and Benjamin to be witnesses. one another.

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The attestation was also written in the Ilocano dialect which, them. The same article provides that the testator and witnesses
It is to be noted, however, that the thumb mark intended by
the testator to be his signature in executing his last will and when translated to the English language, reads as follows: shall sign each and every page of the will, except that last, on
testament is valid (Payad v. Tolentino, 62 Phil 848, 1936; the left margin.
Matias v. Salud, L-104 Phil 1046, 23 June, 1958). The “This will of Miguel was written in ONE page. We, the
Here, although the attestation clause was in a language not
problem, however, states that Clara "said that she can sign her attesting witnesses, signed at the end of the will and at the known to the witnesses, it was interpreted to them by
full name later;" Hence, she did not consider her thumb mark bottom of this attestation in the presence of Miguel and of MIguel's lawyer. The marginal signature is also not required
as her "complete" signature, and intended further action on each of us.” since the will was only one page and the signatures below the
her part. The testatrix and the other witness signed the will in testamentary disposition were in substantial compliance with
the presence of Hannah, because she was aware of her Each of the four witnesses signed below the attestation clause. the requirement.
function and role as witness and was in a position to see the Because none of the witnesses knew and understood the
Ilocano dialect, the attestation was interpreted to them by In all, the circumstances mentioned do not invalidate the will.
testatrix and the other witnesses sign by merely casting her eyes
in the proper direction. Miguel’s lawyer who was present to notarize the will. (b) No, the will may not be admitted to probate due to the
inadequacy of the attestation clause.
(a) Does the fact that the will was written in a
Witnesses to a Notarial Will dialect known only to Miguel invalidate the will? Caneda v. CA has ruled that an attestation clause that fails to
What about the absence of the marginal speci cally state the fact that the attesting witnesses witnessed
(2022) I.15. Miguel, who died single and childless, was signatures of the testator and the witnesses? the testator sign the will and all its pages in their presence and
survived by his two legitimate brothers Romy and Rolly, and Explain briefly. that they, the witnesses, likewise signed the will and every page
his nephews Arno and Pabs, the legitimate sons of his thereof in the presence of the testator and of each other, is
(b) May the will nonetheless be admitted to probate? FATALLY DEFECTIVE.
predeceased legitimate brother Edgar. Before his death, Miguel
Explain briefly.
executed a one-page notarial will, inclusive of an attestation Here, the attestation clause failed to state the fact that the
clause and a notarial acknowledgment, with only one testator signed the will and every page thereof, or caused some
(a) No, the fact the will was written in a dialect known only to
testamentary disposition bequeathing his entire estate to other person to write his name, under his express direction, in
Miguel and the absence of the marginal signatures will not
Romy and Rolly. The will was not paginated and was attested the presence of the instrumental witnesses.
invalidate the will.
by four witnesses: Uno, Dos, Tres, and Quatro. It was the eve
Thus, the will may not be admitted to probate for being fatally
of Quatro’s 17th birthday when the will was executed. The Art. 804 of the New Civil Code only requires that the will be
defective.
will was written in the Ilocano dialect which Miguel knew and executed in a language or dialect known to the testator. Art.
understood, but the witnesses did not. Miguel and the 805 in turn provides that if the attestation clause is not in a
witnesses signed at the end of the testamentary disposition. language known to the witnesses, it shall be interpreted to (2010) II.d. A executed a 5-page notarial will before a notary
public and three witnesses. All of them signed each and every

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page of the will. (B) Stevie cannot be a witness to a will. Art. 820 of the Civil revocation apply? (2.5%)
One of the witnesses was B, the father of one of the legatees to Code provides that "any person of sound mind and of the age (b) Will your answer be the same if the second will
the will. What is the e ect of B being a witness to the will? of eighteen years or more, and not blind, deaf or dumb, and was found to be valid but both Saffinia and
(1%) able to read and write, may be a witness to the execution of a Sophia renounce their inheritance? (2.5%)

1. The will is invalidated will.

(A) No, the said doctrine will not apply. In the case of Molo v.
2. The will is valid and effective (C) If Stevie makes a will, the will must be read to him twice, Molo (G.R. No. L-2538, September 21, 1951), the court
3. The legacy given to B’s child is not valid once by one of the subscribing witnesses, and again, by the stated that the doctrine of relative revocation is a rule where
notary public before whom the will is acknowledged (Art.
revocation of the old will is a suspensive condition or depends
3. The legacy given to B’s child is not valid. 808, Civil Code).
upon the e cacy of the new disposition, and if the new will
The validity of the will is not a ected by the legacy in favor of intended as a substitute is inoperative, the revocation fails and
the son of an attesting witness to the will. However, the said Modes of Revocation of Wills and Testamentary the original will remains in force. This was applied based on
legacy is void under Article 823 NCC. Dispositions the fact that the original will appears to be lost; hence, the
second will was executed with a revocatory clause, but in both
Theory of Dependent Relative Revocation
(2008) XIV. Stevie was born blind. He went to school for the instances, the wife was instituted as the universal heir.
blind, and learned to read in Braille Language. He Speaks (2018) VII. Sydney, during her lifetime, was a successful In this case, however, the revocation of the original was not
English uently. Can he: lawyer. By her own choice, she remained unmarried and through the execution of a subsequent will with a revocatory
a. Make a will? (1%) devoted all her time to taking care of her nephew and two (2) clause, but through destruction with intent to do so. It does
b. Act as a witness to a will? (1%) nieces: Socrates, Sa nia, and Sophia. She wrote a will giving not appear either that the revocation of the old will operates as
c. In either of the above instances, must the will be all her properties remaining upon her death to the three (3) of a suspensive condition to the e cacy of the subsequent will,
read to him? (1%) them. The will was admitted to probate during her lifetime. because the testator revoked the 1st original will, as she does
Later, she decided to make a new will giving all her remaining not wish to institute the same heirs, unlike in Molo v. Molo
properties only to the two (2) girls, Sa nia and Sophia. She where the wife was the heir in both wills.
(A) Assuming that he is of legal age (Art. 797, Civil Code) and
then tore up the previously probated will. The second will was
of sound mind at the time of execution of the will (Art. 798, (B) Yes, my answer will be the same. The doctrine of
presented for probate only after her death. However, the
Civil Code), Stevie, a blind person, can make a notarial will, dependent relative revocation does not apply where the the
probate court found the second will to be void for failure to
subject to compliance with the "two-reading rule" (Art. 808, new will is rendered ine ective due to the renunciation of the
comply with formal requirements.
Civil Code) and the provisions of Arts. 804, 805 and 806 of heirs instituted therein. Renunciation has nothing to do with
the Civil Code. (a) Will the doctrine of dependent relative the validity of the will, but only pertains to whether or not the

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heirs accept their share in the inheritance. Since the new will is least conceived) at the time of the death of the testator. Here, statutory limitation provided by Article 1083 of the Civil
still valid, the doctrine does not apply (Article 832, Civil all the above requisites are present as N, the supposed duciary Code which states that the period of indivision imposed by a
Code). is obliged to preserve and transmit the property to O, her testator shall not exceed twenty years. Although the Civil
illegitimate child who is one degree apart from her. Code is silent as to the e ect of the indivision of a property for
Heirs more than twenty years, it would be contrary to public policy
(2014) II. Crispin died testate and was survived by Alex and to sanction co-ownership beyond the period expressly
Substitution of Heirs Josine, his children from his rst wife; Rene and Ruby, his mandated by the Civil Code. Thus, the provision leaving the
children from his second wife; and Allan, Bea, and Cheska, his administration of the house and lot in Manila to Alex and
(2019) B.13. M, single, named his sister N in his will, as a Rene is valid but the provision imposing the indivision of the
children from his third wife.
devisee over a certain parcel of land that he owned, with the property “habang panahon” is invalid as o the excess beyond
obligation of preserving the land and transferring it, upon N's One important provision in his will reads as follows:
twenty years, it being contrary to Article 1083 limiting the
death, to her illegitimate daughter 0, who was then only a year "Ang lupa at bahay sa Lungsod ng Maynila ay ililipat at period of indivision that m be imposed by a testator to twenty
old. ilalagay sa pangalan nila Alex at Rene hindi bilang pamana years.
Is the condition imposed on N to preserve the land and ko sa kanila kundi upang pamahalaan at pangalagaan
to transmit it upon her death to O a valid case of lamang nila at nang ang sinuman sa aking mga anak, sampu Legitime
fideicommissary substitution? Explain. (3%) ng aking mga apo at kaapuapuhan ko sa habang panahon, ay
may tutuluyan kung magnanais na mag-aral sa Maynila o sa (2010) XI. The spouses Peter and Paula had three (3)
Yes, the condition imposed on N to preserve the land and to kalapit na mga lungsod."
children. Paula later obtained a judgment of nullity of
transmit it upon her death to O is a valid case of Is the provision valid? (4%) marriage. Their absolute community of property having been
deicommissary substitution. For there to be a valid dissolved, they delivered P1 million to each of their 3 children
deicommissary substitution, Art. 863 of the Civil Code The provision imposing the indivision of the property as their presumptive legitimes.
provides the following requisites: (1) There must be a rst heir “habang panahon” is invalid. In Santiago v. Santiago (G.R. Peter later remarried and had two (2) children by his second
( duciary) primarily called to the enjoyment of the estate; (2) No. 179859, August 9, 2010), a similar provision appears in wife Marie. Peter and Marie, having successfully engaged in
There must be a second heir ( deicommissary) to whom the the will of the testator. In that case, the Court ruled that it is business, acquired real properties. Peter later died intestate.
property is transmitted by the rst heir; (3) An obligation clear that the testator intended the house and lot in Manila be
clearly and expressly imposed by the testator upon such rst a. Who are Peter’s legal heirs and how will his
transferred in petitioners’ names for administration purposes
heir to preserve the estate and to transmit it to the second heir; estate be divided among them? (5%)
only, and that the property be owned by the heirs in common.
(4) The rst and second heir must be only one degree apart; b. What is the effect of the receipt by Peter’s 3
However, the same case ruled that the condition set by the
and (5) Both the rst and second heir must be living (or at decedent on the property’s indivisibility is subject to a children by his first marriage of their

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presumptive legitimes on their right to inherit Preterition as the youngest of his four children desires to stay there. As
following Peter’s death? (5%) coheirs and co-owners, the other three may demand partition
(2012) VIII.a. Ricky and Arlene are married. They begot anytime. (1%) True or False.
(A) The legal heirs of Peter are his children by the rst and Franco during their marriage. Franco had an illicit relationship
second marriages and his surviving second wife. with Audrey and out of which, they begot Arnel. Frnaco FALSE. The other three co-heirs may not at any time demand
predeceased Ricky, Arlene and Arnel. Before Ricky died, he the partition of the house and lot since it was expressly
Their shares in the estate of Peter will depend, however, on the
cause of the nullity of the rst marriage. If the nullity of the executed a will which when submitted to probate was opposed provided by the decedent in his will that the same cannot be
rst marriage was psychological incapacity of one or both by Arnel on the ground that he should be given the share of partitioned while his youngest child desires to stay there.
his father, Franco. Article 1083 of the New Civil Code allows a decedent to
spouses, the three children of that void marriage are legitimate
and all of the legal heirs shall share the estate of Peter in equal Is the opposition of Arnel correct? Why? (5%) prohibit, by will, the partition of a property in his estate for a
shares. If the judgment of nullity was for other causes, the period not longer than 20 years no matter what his reason may
be. Hence, the three co-heirs cannot demand its partition at
three children are illegitimate and the estate shall be No, his opposition is not correct. Arnel cannot inherit from
anytime but only after 20 years from the death of their father.
distributed such that an illegitimate child of the rst marriage Ricky in the representation of his father Franco. In
Even if the deceased parent did not leave a will, if the house
shall receive half the share of a legitimate child of the second representation, the representative must not only be a legal heir
marriage, and the second wife will inherit a share equal to that and lot constituted their family home, Article 159 of the
of the person he is representing, he must also be a legal heir of
Family Code prohibits its partition for a period of ten (10)
of a legitimate child. In no case may the two legitimate the decedent he seeks to inherit from.
children of the second marriage receive a share less than years, or for as long as there is a minor bene ciary living in the
While Arnel is a legal heir of Franco, he is not a legal heir of family home.
one-half of the estate which is their legitime. When the estate
Ricky because under Art 992 of the NCC, an illegitimate
is not su cient to pay all the legitimes of the compulsory
child has no right to inherit ab intestato from the legitimate
heirs, the legitime of the spouse is preferred and the Void Testamentary Dispositions
children and relatives of his father or mother. Arnel is
illegitimate children will su er the reduction.
disquali ed to inherit from Ricky because Arnel is an
(2012) VII.b. John Sagun and Maria Carla Camua, British
(B) In the distribution of Peter’s estate, one-half of the illegitimate child of Franco and Ricky is a legitimate relative of
citizens at birth, acquired Philippine citizenship by
presumptive legitime received by the three children of the rst Franco.
naturalization after their marriage. During their marriage, the
marriage shall be collated to Peter’s estate and shall be imputed
couple acquired substantial landholdings in London and in
as an advance on their respective inheritance from Peter. Only Conditional Dispositions and Dispositions Makati. Maria begot three (3) children, Jorge, Luisito, and
half of the presumptive legitime is collated to the estate of
Joshur. In one of their trips to London, the couple executed a
Peter because the other half shall be collated to the estate of his (2010) I.b. X, a widower, died leaving a will stating that the joint will appointing each other as their heirs and providing
rst wife. house and lot where he lived cannot be partitioned for as long that upon the death of the survivor between them, the entire

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estate would go to Jorge and Luisito only but the two (2) has accused the testator of a crime for which the law prescribes
(3) Assuming the will of John and Maria was valid, the
could not dispose of nor divide the London estate as long as testamentary prohibition on the division of the London estate imprisonment for six years or more, if the accusation has been
they live. John and Maria died tragically in the London shall be valid but only for 20 years. Under Arts 1083 and 494 found groundless. The requisites of this ground are: (1) the
subway terrorist attack in 2005. Jorge and Luisito led a of the NCC, a testamentary disposition of the testator cannot heir must have accused the testator of a crime; (2) the penalty
petition for probate of their parents’ will before a Makati forbid the partition of all or part of the estate for a period prescribed by law for such must be 6 years imprisonment or
Regional Trial Court. Joshur vehemently objected because he more; and (3) the accusation must have been found
longer than twenty (20) years.
was preterited. groundless. Here, Z led a civil case and not a criminal case,
1) Should the will be admitted to probate? Explain. thus the above requisites are not present, making the
Disinheritance
(2%) disinheritance not proper.
2) Are the testamentary dispositions valid? Explain. (2019) B.14. (b) Art. 918 of the Civil Code provides that disinheritance
(2%) without a speci cation of the cause, or for a cause the truth of
Prior to his death, H, married to W, with children X, Y, and Z,
3) Is the testamentary prohibition against the which, if contradicted, is not proved, or which is not one of
executed a holographic will entirely written, dated, and signed
division of the London estate valid? Explain. those set forth in this Code, shall annul the institution of heirs
by him. In his will, H instituted W, X, and Y as his heirs, and
(1%) insofar as it may prejudice the person disinherited; but the
consequently, made testamentary dispositions in their favor.
devises and legacies and other testamentary dispositions shall
H, however, expressly disinherited Z on the ground that the
(1) No, the will should not be admitted to probate. Since the be valid to such extent as will not impair the legitime.
latter once led a civil case against him in order to collect a
couples are both Filipino citizens, Art 818 and 819 of the
particular sum of money he previously owed Z.
NCC shall apply. Said articles prohibits the execution of joint (2008) X. Arthur executed a will which contained only:
wills and make them void, even though authorized of the (a) Was the disinheritance of Z proper? Explain.
(i) a provision disinheriting his daughter Bernica for running
country where they were executed. (3%)
o with a married man, and
(b) Assuming that the disinheritance of Z was
(2) Since the joint will is void, all the testamentary disposition
improper, how will it affect the institution of (ii) a provision disposing of his share in the family house and
written therein are also void. However, if the will is valid, the
heirs and testamentary dispositions made in H's lot in favor of his other children Connie and Dora.
institutions of the heirs shall be annulled because Joshur was
will? Explain. (3%) He did not make any provisions in favor of his wife Erica,
preterited. He was preterited because he will receive nothing
from the will, will receive nothing in testacy, and the facts do because as the will stated, she would anyway get ½ of the
(a) No, the disinheritance of Z is not proper. For there to be a house and lot as her conjugal share. The will was very brief and
not show that he received anything as an advance on his
valid disinheritance, it must be for a cause expressly stated by straightforward and both the above provisions were contained
inheritance. He was totally excluded from the inheritance of
law. Art. 919 (2) of the Civil Code provides that children or in page 1, which Arthur and his instrumental witness, signed
his parents.
descendant may be disinherited when a child or descendant

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at the bottom. Page 2 contained the attestation clause and the written; and, (d) no pagination appearing correlatively in b. If Scarlet predeceases Ruffa, who inherits the
signatures, at the bottom thereof, of the 3 instrumental letters on the upper part of the three pages (Azuela v. C.A., property? (2%)
witnesses which included Lambert, the driver of Arthur; Yoly, G.R. No. 122880, 12 Apr 2006 and cited cases therein, Art c. If Ruffa predeceases Raymond, can Scarlet
the family cook, and Attorney Zorba, the lawyer who prepared 805 and 806, Civil Code). inherit the property directly from Raymond?
the will. There was a 3rd page, but this only contained the (2%)
(C) Yes, the disinheritance was valid. Art. 919, par 7, Civil
notarial acknowledgement. The attestation clause stated the Code provides that "when a child or descendant leads a
will was signed on the same occasion by Arthur and his dishonorable or disgraceful life, like running o with a (A) Yes, the condition imposed upon Ru a to preserve the
instrumental witnesses who all signed in the presence of each married man, there is su cient cause for disinheritance." property and to transmit it upon her death to Scarlet is valid
other, and the notary public who notarized the will. There are because it is tantamount to deicommissary substitution
no marginal signatures or pagination appearing on any of the 3 (D) Since the probate of the will cannot be allowed, the rules under Art. 863 of the Civil Code.
pages. Upon his death, it was discovered that apart from the on intestate succession apply. Under Art. 996 of the Civil
Code, if a widow or widower and legitimate children or (B) Ru a will inherit the property as Scarlet's heir. Scarlet
house and lot, he had a P 1 million account deposited with
descendants are left, the surviving spouse has the same share as acquires a right to the succession from the time of Raymond's
ABC bank.
of the children. Thus, ownership over the house and lot will death, even though she should predecease Ru a (Art. 866,
a. Was Erica preterited? (1%) Civil Code).
be created among wife Erica and her children Bernice, Connie
b. What other defects of the will, if any, can cause
and Dora. Similarly, the amount of P 1 million will be equally (C) If Ru a predeceases Raymond, Raymond's widowed
denial of probate? (2%)
divided among them. mother will be entitled to the inheritance. Scarlet, an
c. Was the disinheritance valid? (1%)
illegitimate child, cannot inherit the property by intestate
d. How should the house and lot, and the cash be
Legacies and Devises succession from Raymond who is a legitimate relative of Ru a
distributed? (1%)
(Art. 992, Civil Code). Moreover, Scarlet is not a compulsory
(2008) XIII. Raymond, single, named his sister Ru a in his heir of Raymond, hence she can inherit only by testamentary
(A) Erica cannot be preterited. Art. 854 of the Civil Code succession. Since Raymond executed a will in the case at bar,
will as a devisee of a parcel of land which he owned. The will
provides that only compulsory heirs in the direct line can be Scarlet may inherit from Raymond.
imposed upon Ru a the obligation of preserving the land and
preterited.
transferring it, upon her death, to her illegitimate daughter
(B) The other defects of the will that can cause its denial are as Scarlet who was then only one year old. Raymond later died, (2007) VIII. In 1986, Jennifer and Brad were madly in love.
follows: (a) Atty. Zorba, the one who prepared the will was leaving behind his widowed mother, Ru a and Scarlet. In 1989, because a certain Picasso painting reminded Brad of
one of the three witnesses, violating the three-witnesses rule; her, Jennifer acquired it and placed it in his bedroom. In 1990,
a. Is the condition imposed upon Ruffa, to preserve
(b) no marginal signature at the last page; (c) the attestation Brad and Jennifer broke up. While Brad was mending his
the property and to transmit it upon her death
did not state the number of pages upon which the will is broken heart, he met Angie and fell in love. Because the
to Scarlet, valid? (1%)

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Picasso painting reminded Angie of him, Brad in his will Joey died, Ron also died intestate. Ron was survived by his other properties except the money in his savings account.
bequeathed the painting to Angie. Brad died in 1995. wife May, daughter Mercy (full-sibling of Joey), and the
Who are the heirs entitled to inherit from D and how
Saddened by Brad's death, Jennifer asked for the Picasso children of Joey (Luis and Clarisse). much should each receive? Explain. (5%)
painting as a remembrance of him. Angie refused and claimed
Distribute the estate of Ron. Explain briefly.
that Brad, in his will, bequeathed the painting to her.
His widowed mother and twin sons are entitled to inherit
Is Angie correct? Why or why not? Following the rules on intestate succession, the estate of Ron from D. Art. 991 of the Civil Code provides that if legitimate
should be divided to three equal parts. ascendants are left, the illegitimate children shall divide the
NO. Angie is not correct. The Picasso painting is not given or Art. 996 of the New Civil Code provides that if a widow or
inheritance with them taking one-half of the estate, whatever
donated by Jennifer to Brad. She merely "placed it in his widower and legitimate children or descendants are left, the be the number of the ascendants or of the illegitimate
bedroom." Hence, she is still the owner of the painting. Not surviving spouse has in the succession the same share as that of children. Thus, the widowed mother - M gets ₱50,000.00
being the owner of the Picasso painting, Brad cannot validly each of the children. while the twin sons – T and S, shall receive the other half or
bequeath the same to Angie (Art. 930, NCC). Even assuming ₱25,000.00 each. The common-law wife cannot inherit from
that the painting was impliedly given or donated by Jennifer to Since Ron had two children, May as the surviving spouse him as a compulsory heir, as she is not a legitimate spouse.
Brad, the donation is nevertheless void for not being in inherits the same share as each of the two children. May thus
writing. The Picasso painting must be worth more than 5,000 inherits 1/3 of the estate, while Mercy also inherits the other
(2016) XVI. Don Ricardo had 2 legitimate children - Tomas
pesos. Under Art. 748, NCC, the donation and acceptance of 1/3. Since Joey predeceased Ron, his 1/3 share will go to his
and Tristan. Tristan has 3 children. Meanwhile, Tomas had a
a movable worth more than 5,000 pesos must be in writing, legitimate children Luis and Clarisse by way of representation.
relationship with Nancy, who was also single and had the legal
otherwise the donation is void. The donation being void, Luis and Clarisse each inherits 1/2 of 1/3, or 1/6, of the estate
capacity to marry. Nancy became pregnant and gave birth to
Jennifer remained the owner of the Picasso painting and Brad of Ron.
Tomas, Jr. After the birth of Tomas, Jr., his father, Tomas,
could not have validly disposed of said painting in favor of died. Later, Don Ricardo died without a will and Tristan
Angie in his will. (2019) B.12. D, an Overseas Filipino Worker, was on his way opposed the motion of Tomas, Jr. to be declared an heir of the
home to the Philippines after working for so many years in the deceased since he is an illegitimate child. Tomas, Jr. countered
Middle East. He had saved P100,000.00 in his local savings that Article 992 of the Civil Code is unconstitutional for
Intestate Succession account which he intended to use to start up a business in his violation of the equal protection of the laws. He explained
home country. On his ight home, tragedy struck as a suicide that an illegitimate child of an illegitimate parent is allowed to
(2022) I.5. Joey was the legitimate son of Ron and May. Joey bomber blew up the plane. All the passengers, including D, inherit under Articles 902, 982 and 990 of the Civil Code
died intestate and was survived by his wife Kathy and their two died. He left behind his widowed mother M; his common-law while he - an illegitimate child of a legitimate father - cannot.
legitimate children, Luis and Clarisse. Several months after wife, W, who is the mother of his twin sons, T and S; and his Civil Law commentator Arturo Tolentino opined that Article
brother, B. He left no will, no debts, no other relatives, and no

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992 created an absurdity and committed an injustice because his father, Mark. Mark also died intestate. Lonely, Princess receive from the estate:
while the illegitimate descendant of an illegitimate child can followed Mark to the life beyond. The claimants to the subject
a. If Ramon is survived by his wife, three full-blood
represent, the illegitimate descendant of a legitimate child lot emerged - Jojo, the father of Princess; Victor, the father of brothers, two half-brothers, and one nephew (the
cannot. Mark; and Jerico, the father of Roberto. son of a deceased full-blood brother)? Explain.
Decide the case and explain. (5%) Who among the three (3) ascendants is entitled to the (3%)
lot? Explain. (5%) b. If Ramon is survived by his wife, a half-sister,
I will deny the motion of Tomas, Jr. to be declared as an heir and three nephews (sons of a deceased full-blood
of the deceased. Tomas jr., being an illegitimate child of the Jojo, Princess’s father, is entitled to the lot. This is a clear case brother)? Explain. (3%)
deceased legitimate son, Tomas, cannot inherit ab intestato of reserva troncal. The Origin is Onofre. The Prepositus is
from the deceased, Don Ricardo, because of the iron curtain Pepito. The mode of transmission from Onofre to Pepito is (A) Having died intestate, the estate of Ramon shall be
rule under Article 992 of the Civil Code. Tomas cannot argue donation (hence by gratuitous title), The Reservista is Mark, inherited by his wife and his full and half blood siblings or
that Article 992 is violative of the equal protection clause who acquired it from his descendant (son) Pepito by legitime their respective representatives. In intestacy, if the wife concurs
because equal protection simply requires that all persons or and intestacy (hence, by operation of law). The Reservatario is with no one but the siblings of the husband, all of them are
things similarly situated should be treated alike, both as to Princess, a relative of the Prepositus Pepito within the third the intestate heirs of the deceased husband. The wife will
rights conferred and responsibilities imposed (Ichong v. degree and who belonged to the line of origin (the maternal receive half of the intestate estate, while the siblings or their
Hernandez, G.R. No. L-7995, May 31, 1957, 101 Phil: 7755). line). Line of origin is the maternal line because Onofre (the respective representatives, will inherit the other half to be
It, however, does not require the universal application of the Origin) and Pepito (the Prepositus) are maternal half-blood divided among them equally. If some siblings are of the
laws to all persons or things without distinction. What it siblings. When Mark (Reservista) died, the property passed to full-blood and the other of the half blood, a half blood sibling
simply requires is equality among equals as determined Princess as sole reservatario, thus extinguishing the reserva will receive half the share of a full-blood sibling.
according to a valid classi cation Indeed, the equal protection troncal. Upon Princess’s death, the property was transmitted
(1) The wife of Ramon will, therefore, receive one half (½)
clause permits classi cation. ab intestato to her father Jojo. Transmission to Jojo is by the of the estate or the amount of P5,000,000.00.
ordinary rules of compulsory and intestate succession, not by
reserva troncal, because the reserva was extinguished upon the (2) The three (3) full-blood brothers, will, therefore,
(2016) XX. Princess married Roberto and bore a son,
transmission of the property to Princess, this making Princess receive P1,000,000.00 each.
Onofre. Roberto died in a plane crash. Princess later married
Mark and they also had a son - Pepito. Onofre donated to the absolute owner subject to no reserva. (3) The nephew will receive P1,000,000.00 by right of
Pepito, his half-brother, a lot in Makati City worth representation.
P3,000,000.00. Pepito succumbed to an illness and died (2009) VII. Ramon Mayaman died intestate, leaving a net (4) The two (2) half-brothers will receive P500,000.00
intestate. The lot given to Pepito by Onofre was inherited by estate of P10,000,000.00. Determine how much each heir will each.

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P25,000.00 each. The common-law wife cannot inherit from Art. 902, NCC and as regards Anna's intestate share
(B) The wife will receive one half (1/2) of the estate or
P5,000,000.00. The other half shall be inherited by (1) the him because when the law speaks "widow or widower" as a under Art. 990, NCC.
full-blood brother, represented by his three children, and (2) compulsory heir, the law refers to a legitimate spouse (Art.
The following may not inherit from Ramon:
the half-sister. They will divide the other half between them 887, par 3, Civil Code.
(1) Shelly, being an adopted child, she cannot represent
such that the share of the half-sister is just half the share of the Cherry. This is because adoption creates a personal legal
full-blood brother. The share of the full-blood brother shall in (2007) X. For purpose of this question, assume all formalities
relation only between the adopter and the adopted. The
turn be inherited by the three nephews in equal shares by right and procedural requirements have been complied with.
law on representation requires the representative to be a
of presentation. In 1970, Ramon and Dessa got married. Prior to their legal heir of the person he is representing and also of the
Therefore, the three (3) nephews will receive P1,111,111.10 marriage, Ramon had a child, Anna. In 1971 and 1972, person from whom the person being represented was
each the half- sister will receive the sum of P1,666,666.60. Ramon and Dessa legally adopted Cherry and Michelle supposed to inherit. While Shelly is a legal heir of Cherry,
respectively. In 1973, Dessa died while giving birth to Larry Shelly is not a legal heir of Ramon. Adoption created a
Anna had a child, Lia. Anna never married. Cherry, on the purely personal legal relation only between Cherry and
(2008) XII. Ernesto, an overseas Filipino worker, was coming
other hand, legally adopted Shelly. Larry had twins, Hans and Shelly.
home to the Philippines after working for so many years in the
Middle East. He had saved P100.000 in his saving account in Gretel, with his girlfriend, Fiona. In 2005, Anna, Larry and
(2) Hans and Gretel are barred from inheriting from
Cherry died in a car accident. In 2007, Ramon died.
Manila which intended to use to start a business in his home Ramon under Art. 992, NCC. Being illegitimate children,
country. On his ight home, Ernesto had a fatal heart attack. Who may inherit from Ramon and who may not? Give they cannot inherit ab intestato from Ramon.
He left behind his widowed mother, his common-law wife and your reason briefly.
their twins sons. He left no will, no debts, no other relatives (2006) X. Don died after executing a Last Will and Testament
and no other properties except the money in his saving The following may inherit from Ramon: leaving his estate valued at P12 Million to his common law
account.
(1) Michelle, as an adopted child of Ramon, will inherit as wife Roshelle. He is survived by his brother Ronie and his
Who are the heirs entitled to inherit from him and how a legitimate child of Ramon. As an adopted child, half-sister Michelle.
much should each receive? (3%) Michelle has all the rights of a legitimate child (Sec 18, a. Was Don's testamentary disposition of his estate
Domestic Adoption Law). in accordance with the law on succession?
The mother and twin sons are entitled to inherit from (2) Lia will inherit in representation of Anna. Although Whether you agree or not, explain your answer.
Ernesto. Art. 991 of the Civil Code, provides that if legitimate 2.5%
Lia is an illegitimate child, she is not barred by Articles
ascendants are left, the twin sons shall divide the inheritance b. If Don failed to execute a will during his
992, because her mother Anna is an illegitimate herself.
with them taking one-half of the estate. Thus, the widowed lifetime, as his lawyer, how will you distribute
She will represent Anna as regards Anna's legitime under
mother gets P50,000.00 while the twin sons shall receive

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his estate? Explain. 2.5% father, brother and sister will be excluded by a legitimate son (E) None of the above.
c. Assuming he died intestate survived by his of the decedent [Art. 887, New Civil Code]. This follows the
(2) How much is Dante's share in the net estate? (1%)
brother Ronie, his half-sister Michelle, and his principle that the descendants exclude the ascendants from
legitimate son Jayson, how will you. distribute inheritance. (A) P150,000.
his estate? Explain. 2.5% (B) P200,000.
d. Assuming further he died intestate, survived by
(C) P300,000.
his father Juan, his brother Ronie, his half-sister Provisions Common to Testate and
Michelle, and his legitimate son Jayson, how will Intestate Succession (D) P400,000.
you distribute his estate? Explain. 2.5% (E) None of the above.
(2013) II.I. Armand died intestate. His full-blood brothers,
Bobby and Conrad, and half-blood brothers, Danny, Edward (3) How much is Ernie's share in the net estate . (1%)
(A) Yes, Don's testamentary disposition of his estate is in
accordance with the law on succession. Don has no and Floro, all predeceased him. The following are the surviving (A) P 0.
compulsory heirs not having ascendants, descendants nor a relatives:
(B) P400,000.
spouse [Art. 887, New Civil Code]. Brothers and sisters are 1. Benny and Bonnie, legitimate children of Bobby;
not compulsory heirs. Thus, he can bequeath his entire estate (C) P150,000.
2. Cesar, legitimate child of Conrad;
to anyone who is not otherwise incapacitated to inherit from (D) P200,000.
him. A common-law wife is not incapacitated under the law, as 3. Dante, illegitimate child of Danny;
(E) None of the above.
Don is not married to anyone. 4. Ernie, adopted child of Edward; and
(4) How much is Felix's share in the net estate? (1%)
(B) After paying the legal obligations of the estate, I will give 5. Felix, grandson of Floro.
Ronie, as full-blood brother of Don, 2/3 of the net estate, (A) P400,000.
twice the share of Michelle, the half- sister who shall receive The net value of Armand's estate is P1,200,000.
(B) P150,000.
1/3. Roshelle will not receive anything as she is not a legal heir (1) How much do Benny and Bonnie stand to inherit by
(C) P300,000.
[Art. 1006 New Civil Code]. right of representation? (1%)
(D) P0.
(C) Jayson will be entitled to the entire P12 Million as the (A) P200,000
brother and sister will be excluded by a legitimate son of the (E) None of the above.
(B) P300,000
decedent. This follows the principle of proximity, where "the
nearer excludes the farther." (C) P400,000 (1) E - In intestate succession if all the brothers and sisters of
(D) P150,000 the decedent predeceased the latter, the nephews and nieces
(D) Jayson will still be entitled to the entire P12 Million as the

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inherit in their own right or per capita and not by right of Novation 369; discussed in pp. 70-72, Vol. 2, Rabuya’s Civil Law
representation. (See Article 975) Reviewer]
General Provisions
(2) E - Dante will not inherit because his is an illegitimate
child of a legitimate half-brother of Armand thus the barrier
(2017) XI. Zeny and Nolan were best friends for a long time Kinds
applies.
already. Zeny borrowed ₱10,000.00 from Nolan, evidenced by
(3) A - Ernie will not inherit because being an adopted child a promissory note whereby Zeny promised to pay the loan (2015) XII.A. Iya and Betty owed Jun P500,000.00 for
of Edward, he cannot inherit from the relatives of the latter as "once his means permit." Two months later, they had a quarrel advancing their equity in a corporation they joined as
the adoption creates only a relationship between adopter and that broke their long-standing friendship.
incorporators. Iya and Betty bound themselves solidarily liable
adopted. (Sayson v. CA 205 SCRA 321)
Nolan seeks your advice on how to collect from Zeny despite for the debt. Later, Iya and Jun became sweethearts so Jun
(4) D – Felix is not entitled to inherit because the right of the tenor of the promissory note. condoned the debt of P500,000.00.
representation in the collateral line is only available to nephews
What will your advice be? Explain your answer. (3%) May lya demand from Betty P250,000.00 as her share
and nieces of the decedent and not to grandnephews or
in the debt? Explain with legal basis. (2%)
grandnieces.
I will advise Nolan to le rst an action to x the term or
period because the ful llment of the obligation itself cannot No, Iya may not demand the 250,000 from Betty because the
Obligations and Contracts be demanded until after the court has xed the period for entire obligation has been condoned by the creditor Jun. In a
compliance therewith, and such period has arrived. Any action solidary obligation the remission of the whole obligation
Obligations to compel performance brought before that would be obtained by one of the solidary debtors does not entitle him to
premature. reimbursement from his co-debtors. (Article 1220, Civil
General Provisions
Code)
Under the Civil Code, when the debtor binds himself when
Kinds
his means permit to do so, the obligation shall be deemed to be
one with a period, but which period shall be xed by the (2015) XII.B. Juancho, Don and Pedro borrowed
Extinguishment
court. In such a situation, the court is authorized to x the P150,000.00 from their friend Cita to put up an internet cafe
Payment period because the duration of the period depends exclusively orally promising to pay her the full amount after one year.
upon the will of the debtor. Any action led prior to the Because of their lack of business know-how, their business
Loss of the Thing Due
expiration of the period to be xed by the court would be collapsed. Juancho and Don ended up penniless but Pedro was
Compensation premature. [Basis: Articles 1180 and 1197, Civil Code; able to borrow money and put up a restaurant which did well.
Concepcion v. People, 74 Phil. 63; Gonzales v. Jose, 66 Phil. Can Cita demand that Pedro pay the entire obligation

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since he, together with the two others, promised to pay electricity bills. When the date for payment arrived, Sergio creditors of each other up to the concurrent amount of
the amount in full after one year? Defend your answer. only tendered PhP950,000 representing the full purchase P50,000 (Art. 1279, NCC).
(2%) price, less the amount he paid for the unpaid utility bills.
(B) Yes, Samantha is guilty of mora accipiendi.
Samantha refused to accept the tender on the ground that she
No, Cita cannot demand that Pedro pay the entire obligation was the one supposed to pay the bills and Sergio did not have The requisites for mora accipiendi are: (i) o er of performance
because the obligation in this case is presumed to be joint. The authorization to pay on her behalf. by the debtor; (ii) o er must be to comply with prestation as it
concurrence of two or more creditors or of two or more should be performed; and (iii) the creditor refuses to accept
(a) What is the effect of payment made by Sergio
debtors in one and the same obligation does not imply that the performance without just cause.
without the knowledge and consent of
each one of the former has a right to demand, or that each one Samantha? (2.5%) Here, Sergio validly made an o er to comply with the
of the latter is bound to render, entire compliance with the (b) Is Samantha guilty of mora accipiendi? (2.5%) prestation of payment, albeit for P950,000 only. Sergio’s o er
prestation. (Article 1207) In a joint obligation, there is no is justi ed based on the concept of partial legal compensation
mutual agency among the joint debtors such that if one of up to the amount of P50,000, since Sergio and Samantha are
(A) The payment by Sergio resulted in the extinguishment of
them is insolvent the others shall not be liable for his share. in their own right principal debtors and creditors of each
the obligation of Samantha to the utility company and Sergio
other. Samantha’s refusal was without just cause as she cannot
was legal subrogated to the utility company’s credit. Sergio,
thus, became Samantha’s new creditor. be permitted to bene t or use as a defense her own failure to
Extinguishment ful ll her part of the obligation to pay the electricity bills.
Under Article 1302 (3), Civil Code, it is presumed that there is
legal subrogation when, even without the knowledge of the
Payment (2016) IX. Butch got a loan from Hagibis Corporation
debtor, a person interested in the ful llment of the obligation
(Hagibis) but he defaulted on the payment. A case for
pays, without prejudice to the e ects of confusion as to the
(2018) XI. Samantha sold all her business interest in a sole collection of a sum of money was led against him. As a
latter's share. A person interested in the ful llment is one who
proprietorship to Sergio for the amount of PhP1 million. defense, Butch claims that there was already an arrangement
will bene t from the extinguishment of the obligation.
Under the sale agreement, Samantha was supposed to pay for with Hagibis on the payment of the loan. To implement the
all prior unpaid utility bills incurred by the sole Here, Sergio is an interested person since he was the business same, Butch already surrendered ve (5) service utility vehicles
proprietorship. A month after the Contract to Sell was successor-in-interest of Samantha and he cannot conduct his (SUVs) to the company for it to sell and the proceeds to be
executed, Samantha still had not paid the PhP50,000 business without paying the debtor of Samantha. Since there is credited to the loan as payment.
electricity bills incurred prior to the sale. Since Sergio could legal subrogation, Sergio stepped into the shoes of the utility
Was the obligation of Butch extinguished by reason of
not operate the business without electricity and the utility company as the new creditor to the P50,000 credit; thus there
dacion en pago upon the surrender of the SUVs? Decide
company refused to restore electricity services unless the can be valid partially legal compensation of the two credits
and explain. (5%)
unpaid bills were settled in full, Sergio had to pay the unpaid between him and Samantha who are principally debtors and

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before the expiration of the lease contract, Dorotea sold the instruments? (6%)
No, the obligation of Butch to Hagibis was not extinguished
by the mere surrender of the SUV’s to the latter. Dation in property to PM Realty and Development Corporation. The (B) Lito's failure to pay led to the extra-judicial foreclosure
payment whereby property is alienated to the creditor in following month, Dorotea and PM Realty stopped accepting of the mortgaged real property. Within a year from
satisfaction of a debt in money, shall be governed by the law of rental payments from all the lessees because they wanted to foreclosure, Lito tendered a manager's check to Ferdie
sales. (Article 1245). In dacion en pago, as a special mode of terminate the lease contracts. to redeem the property. Ferdie refused to accept
payment, the debtor o ers another thing to the creditor who payment on the ground that he wanted payment in
Due to the refusal of Dorotea to accept rental payments, the
accepts it as equivalent of payment of an outstanding debt. lessees, Ruth, et al., led a complaint for consignation of the cash: the check does not qualify as legal tender and
The undertaking really partakes in one sense of the nature of rentals before the Regional Trial Court (RTC) of Manila does not include the interest payment. Is Ferdie's
refusal justified? (4%)
sale, that is, the creditor is really buying the thing or property without notifying Dorotea.
of the debtor, payment for which is to be charged against the Is the consignation valid? (4%)
debtor’s debt. As such, the essential elements of a contract of A) With respect to the loan, the same is both valid and
sale, namely; consent, object certain, and cause or enforceable regardless of whether it is in a private or public
The consignation is not valid. Article 1257 of the Civil Code document because as a rule, contracts shall be obligatory in
consideration must be present. In dacion en pago there is in
provides that in order that the consignation of the thing due whatever form they may have been entered into provided all
reality an objective novation of the obligation where the thing
may release the obligor, it must rst be announced to the the essential requisites for their validity are present. A loan is a
o ered as an accepted equivalent of the performance of an
persons interested in the ful lment of the obligation. contract which the law does not require to be in a particular
obligation is considered as the object of the contract of sale,
Moreover, Article 1258 of the same Code provides that form in order that it may be valid or enforceable.
while the debt is considered as the purchase price. In any case,
consignation having been made, the interested parties shall
common consent is an essential prerequisite, be it sale or However, with regard to the chattel mortgage, since the law
also be noti ed thereof. In this case Dorotea, an interested
innovation to have the e ect of totally extinguishing the debt (Act 1508) requires an a davit of good faith stating that the
party, was not noti ed of the consignation. The consignation
or obligation (Filinvest Credit Corporation v, Philippine chattel mortgage is supposed to stand as security for the loan,
is therefore not valid for non-compliance with Article 1257.
Acetylene Company, inc., G.R. No. L-50449 January 30, it is submitted that for validity of the chattel mortgage, it must
1982). There being no mention in the facts that Hagibis has be in a public document. A real estate mortgage under the
(2013) I.VI. Lito obtained a loan of P1,000,000 from Ferdie,
given its consent to accept the SUVs as equivalent payment, provisions of Article 2125 requires that in order that a
payable within one year. To secure payment, Lito executed a
the obligation of Butch is not thereby extinguished by mere mortgage may be validly constituted that the document in
chattel mortgage on a Toyota Avanza and a real estate
delivery of the SUVS. which it appears must be recorded. If it is not recorded, the
mortgage on a 200-square meter piece of property.
mortgage is nevertheless valid and binding between the parties.
(2014) X. Dorotea leased portions of her 2,000 sq. m. lot to (A) Would it be legally significant - from the point Hence, for validity both chattel and real estate mortgages must
Monet, Kathy, Celia, and Ruth for ve (5) years. Two (2) years of view of validity and enforceability - if the be in a public document. But for purposes of enforceability, it
loan and the mortgages were in public or private is submitted that the form of the contract whether in a public

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or private document would be immaterial. (Mobil Oil vs. day. That night, however, a robber broke into her shop and fourth and fth months, the corresponding checks bounced.
Diocares 29 SCRA 656). took everything including Karla's two dresses. X claims she is
The bank then declared the whole obligation due, and
not liable to deliver Karla's dresses or to pay for the clothing
B) Ferdie’s refusal to accept the check on the ground that it proceeded to deduct the amount of one million pesos
does not qualify as legal tender is correct because a check, materials considering she herself was a victim of the robbery (P1,000,000.00) from Sarah’s deposit after notice to her that
whether a manager's check or ordinary check, is not legal which was a fortuitous event and over which she had no
this is a form of compensation allowed by law.
tender, and an o er of a check in payment of a debt is not a control.
Is the bank correct? Explain. (4%)
valid tender of payment and may be refused receipt by the Do you agree? Why? (3%)
obligee or creditor. (Philippine Airlines vs. CA and Amelia
No, the bank is not correct. While the Bank is correct about
Tan – January 30, 1990) Mere delivery of checks does not No, I do not agree with the contention of X. The law provides the applicability of compensation, it was not correct as to the
discharge the obligation under a judgment. The obligation is that except when it is otherwise declared by stipulation or amount compensated.
not extinguished and remains suspended until the payment by when the law provides or the nature of the obligation requires
commercial document is actually realized (Art. 1249, Civil the assumption of risk, no person shall be liable for those A bank deposit is a contract of loan, where the depositor is the
Code, par. 3). Also, redemption within the period allowed by events which could not be foreseen or which though foreseen creditor and the bank the debtor. Since Sarah is also the debtor
law is not a matter of intent but a question of payment or were inevitable. (Article 1174, Civil Code) In the case of the bank with respect to the loan, both are mutually
valid tender of full redemption price within the said period. presented, X cannot invoke fortuitous event as a defense principal debtors and creditors of each other. Both obligation
Whether the redemption is being made under Act 3135 or because she had already incurred in delay at the time of the are due, demandable and liquidated but only up to the extent
under the General Banking Law, the mortgagor or his assignee occurrence of the loss. (Article 1165, Civil Code) of P300,000.00 (covering the unpaid third, fourth and fth
is required to tender payment to make said redemption valid. monthly installments). The entire one million was not yet due
(Heirs of Quisumbing vs. PNB and SLDC –G.R. No. 178242 because the loan has no acceleration clause in case of default.
January 20, 2009) Compensation And since there is no retention or controversy commenced by
third person and communicated in due time to the debtor,
(2009) XV. Sarah had a deposit in a savings account with then all the requisites of legal compensation are present but
Loss of the Thing Due
Filipino Universal Bank in the amount of ve million pesos only up to the amount of P300,000.00. The bank, therefore,
Force Majeure (P5,000,000.00). To buy a new car, she obtained a loan from may deduct P300,000.00 from Sarah’s bank deposit by way of
the same bank in the amount of P1,200,000.00, payable in compensation.
(2015) X. X, a dressmaker, accepted clothing materials from twelve monthly installments. Sarah issued in favor of the bank
Karla to make two dresses for her. On the day X was supposed (2008) XV. Eduardo was granted a loan by XYZ Bank for the
post-dated checks, each in the amount of P100,000.00, to
to deliver Karla's dresses, X called up Karla to say that she had cover the twelve monthly installment payments. On the third, purpose of improving a building which XYZ leased from him.
an urgent matter to attend to and will deliver them the next Eduardo, executed the promissory note ("PN") in favor of the

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bank, with his friend Recardo as co-signatory. In the PN, they Eduardo is the lessor of XYZ Bank; (2) both debts consist in a schedule of Ivan and the subcontractors. The MOA stated
both acknowledged that they are "individually and sum of money, or if the things due are consumable, they be of that all the stipulations of the original contract not in con ict
collectively" liable and waived the need for prior demand. To the same kind, and also of the same quality if the latter has with said agreement shall remain valid and legally e ective.
secure the PN, Recardo executed a real estate mortgage on his been stated; (3) the two debts be due; (4) they be liquidated Jojo led a suit to declare him relieved of his undertaking as a
own property. When Eduardo defaulted on the PN, XYZ and demandable, and (5) over neither of them there be any result of the MOA because of the change in the work
stopped payment of rentals on the building on the ground retention or controversy, commenced by third persons and schedule. Jerico claims there is no novation of the
that legal compensation had set in. Since there was still a communicated in due time to the debtor (Art. 1279, Civil Construction Contract.
balance due on the PN after applying the rentals, XYZ Code). Decide the case and explain. (5%)
foreclosed the real estate mortgage over Recardo's property.
(B) Yes, Recardo's property can be foreclosed to pay the full
Recardo opposed the foreclosure on the ground that he is only balance of the loan because when he signed as co- signatory in I will decide in favor of Jerico as there is no novation of the
a co-signatory; that no demand was made upon him for the promissory note, he acknowledged he is solidarily liable Construction Contract. Novation is never presumed, and may
payment, and assuming he is liable, his liability should not go with Eduardo. In solidary obligations, a creditor has the right only take place when the following are present: (1) a previous
beyond half the balance of the loan. Further, Recardo said that to demand full payment of the obligation from any of the valid obligation; (2) the agreement of all the parties to the new
when the bank invoked compensation between the rentals and solidary debtors (Art. 1207, Civil Code). contract; (3) the extinguishment of the old contract; and (4)
the amount of the loan, it amounted to a new contract or
(C) No. Recardo has no basis for claiming novation of the validity of the new one. There must be consent of all the
novation, and had the e ect of extinguishing the security since
original contract when the bank invoked compensation parties to the substitution, resulting in the extinction of the
he did not give his consent (as owner of the property under
because there was simply partial compensation (Art. 1290, old obligation and the creation of a new valid one. In this case,
the real estate mortgage) thereto.
Civil Code) and this would not bar the bank from recovering the revision of the work schedule of Ivan and the
a. Can XYZ Bank validly assert legal the remaining balance of the obligation. subcontractors is not shown to be so substantial as to
compensation? (2%) extinguish the old contract, and there was also no
b. Can Recardo's property be foreclosed to pay the irreconcilable incompatibility between the old and new
full balance of the loan? (2%) Novation obligations. It has also been held in jurisprudence that a surety
c. Does Recardo have basis under the Civil Code for may only be relieved of his undertaking if there is a material
claiming that the original contract was novated? change in the principal contract and such would make the
(2016) X. Jerico, the project owner, entered into a
(2%) obligation of the surety onerous. The principal contract
Construction Contract with Ivan for the latter to construct
his house. Jojo executed a Surety undertaking to guarantee the subject of the Surety agreement still exists, and Jojo is still
(A) Yes, XYZ Bank can validly assert legal compensation. In performance of the work by Ivan. Jerico and Ivan later entered bound as a surety.
the present case, all of the elements of legal compensation are into a Memorandum of Agreement (MOA) revising the work
present: (1) XYZ Bank is the creditor of Eduardo while

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(2014) XII. J.C. Construction (J.C.) bought steel bars from person does not constitute novation and does not extinguish The question reads: “Do you agree to the terms and
Matibay Steel Industries (MSI) which is owned by Buddy the obligation of the original debtor. Since there was no conditions of use?” There are two buttons indicating
Batungbacal. J.C. failed to pay the purchased materials worth novation, the obligation of the original debtor is not alternative responses: one is labeled “Agree”; the other is
P500,000.00 on due date. J.C. persuaded its client Amoroso extinguished. Thus, the obligation of J.C. Construction to labeled “Disagree.”
with whom it had receivables to pay its obligation to MSI. MSI subsists.
Amoroso agreed and paid MSI the amount of P50,000.00. The terms and conditions of use are not shown on the screen.
After two (2) other payments, Amoroso stopped making Neither is there a hyperlink that can be clicked that would
further payments. Contracts reveal the terms and conditions of use of the app being
installed.
Buddy led a complaint for collection of the balance of the
obligation and damages against J.C. J.C. denied any liability Basic Principles
claiming that its obligation was extinguished by reason of Curious why the terms and conditions of use are not available,
Obligatory Force of a Contract you search the internet and come across media articles
novation which took place when MSI accepted partial
payments from Amoroso on its behalf. Consensuality revealing that the terms and conditions of use allow the app
provider to access a user's contact list, emails, and browsing
Was the obligation of J.C. Construction to MSI Essential Requisites history. These pieces of information are sold to advertisers
extinguished by novation? Why? (4%) who, in turn, tailor their emails to users so that they can
Defective Contracts
engage in targeted advertising based on the users' pro les.
No, the obligation of J.C. Construction to MSI was not
Rescissible Contracts
extinguished by novation. Knowing that you are taking the #BestBarEver2020_21, your
Voidable Contracts signi cant other asks you this legal question: By clicking on
Under Article 1292 of the Civil Code, in order that an
obligation may be extinguished by another which substitute Unenforceable Contracts “Agree,” will there be a “meeting of the minds” between the
the same, it is imperative that it be so declared in unequivocal user and the app provider enabling access to the user's contact
terms, or that the old and the new obligations be on every list, emails, and browsing history?
Basic Principles
point incompatible with each other. Novation by substitution Explain briefly.
of debtor requires the consent of the creditor as provided in
(2021) 9. Your signi cant other shows you a laptop screen on
Article 1293 of the Civil Code. This requirement is not No, there is no meeting of the minds.
present in this case. In Magdalena Estates, Inc. v. Rodriguez which a mandatory question for the installation of an app
appears. Under our law on contracts, there is a meeting of the minds if
(G.R. No. L-18411, December 17, 1966), it was ruled that the
an o er is certain, and that the acceptance must be unquali ed
mere fact that the creditor received payment from a third

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and absolute. Here, it is submitted that the o er was ot respect to the expenses they incurred in Ray for the sale of the property. They agreed on a fair price of
certain. The terms and conditions of use that the user was improving the property under the circumstances? P2 Million. Ray sent Linda a letter con rming his intention to
asked to agree to were not laid out on the screen. Even if the (3%) buy the property. Later, another couple, Bernie and Elena,
user would press "Agree," the acceptance would be improper b) Can the buyers be made to immediately vacate on o ered a similar house at a lower price of P1.5 Million. But
since he or she would not know as to which terms and the ground that the sale was not perfected? Ray insisted on buying the house of Biong and Linda for
conditions he or she is agreeing to. Explain briefly. (3%) sentimental reason. Ray prepared a deed of sale to be signed by
the couple and a manager's check for P2 Million. After
It is therefore submitted that there is no meeting of the minds
herein. a) The buyers here may be deemed possessors or builders in receiving the P2 Million, Biong signed the deed of sale.
good faith because they were made to believe that they were However, Linda was not able to sign it because she was abroad.
allowed to make repairs or renovation by the sellers themselves. On her return, she refused to sign the document saying she
Obligatory Force of a Contract
As builders in good faith, they have the right to seek changed her mind. Linda led suit for nulli cation of the deed
reimbursement for the value of the improvements in case the of sale and for moral and exemplary damages against Ray.
(2015) VII. Mr. and Mrs. X migrated to the US with all their
owner decides to appropriate them. They cannot be asked to 1. Will the suit prosper? Explain. 2.5%
children. As they had no intention of coming back, they
remove the improvements because that is not one of the 2. Does Ray have any cause of action against Biong
o ered their house and lot for sale to their neighbors, Mr. and
options given by law to the landowner in case the builder is in and Linda? Can he also recover damages from
Mrs. A (the buyers) who agreed to buy the property for 128
good faith. the spouses? Explain. 2.5%
Million. Because Mr. and Mrs. A needed to obtain a loan from
a bank rst, and since the sellers were in a hurry to migrate, the b) No, the buyers cannot be made to vacate on the ground
latter told the buyers that they could already occupy the that the sale was not perfected for the fact of the matter is that No, the suit will not prosper. The contract of sale was
house, renovate it as it was already in a state of disrepair, and a contract of sale is consensual and is perfected by mere perfected when Linda and Ray agreed on the object of the sale
pay only when their loan is approved and released. While consent. (Article 1315, Civil Code) In this case, there was an and the price [Art. 1475, New Civil Code]. The consent of
waiting for the loan approval, the buyers spent P1 Million in agreement to deliver a determinate thing for a price certain in Linda has already been given, as shown by her agreement to
repairing the house. A month later, a person carrying an money. When the owners made an o er to sell their property the price of the sale. There is therefore consent on her part as
authenticated special power of attorney from the sellers to Mr. and Mrs. A and the latter accepted the o er, there was the consent need not be given in any speci c form. Hence, her
demanded that the buyers either immediately pay for the already a meeting of the minds between the parties resulting in consent may be given by implication, especially since she was
property in full now or vacate it and pay damages for having the perfection of the contract of sale. aware of, and participated in the sale of the property (Pelayo v.
made improvements on the property without a sale having CA, G.R. No. 141323, June 8, 2005). Her action for moral
been perfected. (2006) V. Spouses Biong and Linda wanted to sell their house. and exemplary damages will also not prosper because the case
They found a prospective buyer, Ray. Linda negotiated with does not fall under any of those mentioned in Art. 2219 and
a) What are the buyers' options or legal rights with
2232 of the Civil Code.

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binding on her 1/3 interest, but not on the 2/3 interest of a rm and binding agreement that Sergio cannot simply walk
Consensuality
Esperanza and Caridad because their shares were not validly away from because he has an option to buy that is duly
sold to Maria in the absence of a written authority to Fe to sell supported by a duly accepted valuable consideration.
(2014) XXVII. Fe, Esperanza, and Caridad inherited from
their respective portions to Maria as required by Article 1874
their parents a 500 sq. m. lot which they leased to Maria for (A) Does Marcelo have a cause of action against
of the Civil Code. Fe can only sell whatever property right she
three (3) years. One year after, Fe, claiming to have the Sergio? (5%)
has, i.e. 1/3 ideal portion or undivided interest in the 500 sq.
authority to represent her siblings Esperanza and Caridad, (B) Can Sergio claim that whatever they might have
m. lot. agreed upon cannot be enforced because any
o ered to sell the leased property to Maria which the latter
accepted. The sale was not reduced into writing, but Maria The sale to Manuel is valid as to the 2/3 share of Esperanza agreement relating to the sale of real property
started to make partial payments to Fe, which the latter and Caridad. must be supported by evidence in writing and
received and acknowledged. After giving the full payment, they never reduced their agreement to writing?
Maria demanded for the execution of a deed of absolute sale (2013) I.III. Sergio is the registered owner of a 500-square (3%)
which Esperanza and Caridad refused to do. Worst, Maria meter land. His friend, Marcelo, who has long been interested
learned that the siblings sold the same property to Manuel. in the property, succeeded in persuading Sergio to sell it to A) Yes, Marcelo has a cause of action against Sergio. As a rule,
This compelled Maria to le a complaint for the annulment of him. On June 2, 2012, they agreed on the purchase price of an o er can be withdrawn at any time before acceptance by
the sale with speci c performance and damages. P600,000 and that Sergio would give Marcelo up to June 30, communicating such withdrawal (Art. 1324) except when the
2012 within which to raise the amount. Marcelo, in a light option is founded upon a consideration as something paid or
If you are the judge, how will you decide the case? (4%)
tone usual between them, said that they should seal their promised. In this case, although there was no separate
agreement through a case of Jack Daniels Black and P5,000 consideration for the option, the o er had already been
I will decide in favor of Maria but only as to the share of Fe,
"pulutan" money which he immediately handed to Sergio and accepted and thus, it resulted into a perfected contract of sale
and dismiss the complaint with respect to Esperanza and
which the latter accepted. The friends then sat down and between Marcelo and Sergio. Sale being a consensual contract
Caridad. The property in question is co-owned by Fe,
drank the rst bottle from the case of bourbon. is perfected by mere consent.
Esperanza and Caridad, since it has not yet been divided
among them. Article 493 of the Civil Code provides that each On June 15, 2013, Sergio learned of another buyer, Roberto, B) No, Sergio cannot claim that the agreement cannot be
co-owner shall have full ownership of his part and of the fruits who was o ering P800,000 in ready cash for the land. When enforced because it was not reduced into writing. Contracts
and bene ts pertaining thereto, and he may therefore alienate, Roberto con rmed that he could pay in cash as soon as Sergio shall be obligatory, in whatever form they may have been
assign or mortgage it, provided that the e ect of such could get the documentation ready, Sergio decided to entered into, provided all the essential requisites for their
alienation or mortgage shall be limited to the portion which withdraw his o er to Marcelo, hoping to just explain matters validity are present. (Art. 1356) In fact when the law requires a
may be allotted to him in the division upon the termination of to his friend. Marcelo, however, objected when the withdrawal document or other special form, as in the acts and enumerated
the co-ownership. The sale by Fe to Maria would therefore be was communicated to him, taking the position that they have by law, the contracting parties may compel each other to

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observe that form, once the contract has been perfected, and may be presumed to be an equitable mortgage are enumerated contract of sale; and 2) their intention was to secure an
this right may be exercised simultaneously with the action in Article 1602 of the Civil Code: "Art. 1602. The contract existing debt by way of mortgage. (Heirs of Balite v. Lim, G.R.
upon the contract. (Art. 1357) Even an oral sale of a parcel of shall be presumed to be an equitable mortgage, in any of the No. 152168, December 10, 2004)
land is valid between the parties (Campillo vs. CA 129 SCRA following cases: In the given case, although Pedro retained possession of the
513; Zaide v. CA 163 SCRA 71)
1. When the price of a sale with right to repurchase is property as lessee after the execution of the Deed of Sale, there
unusually inadequate: is no showing that the intention of the parties was to secure an
Reformation of Instruments
existing debt by way of mortgage. Hence, the complaint of
2. When the vendor remains in possession as lessee or
(2005) XII. On July 14, 2004, Pedro executed in favor of Juan otherwise; Pedro should be dismissed.
a Deed of Absolute Sale over a parcel of land covered by TCT
3. When upon or after the expiration of the right to
No. 6245. It appears in the Deed of Sale that Pedro received
repurchase another instrument extending the period of Essential Requisites
from Juan P120,000.00 as purchase price. However, Pedro
redemption or granting a new period is executed;
retained the owner’s duplicate of said title. Thereafter, Juan, as
lessor, and Pedro, as lessee, executed a contract of lease over the 4. When the purchaser retains for himself a part of the (2015) XVII. Z, a gambler, wagered and lost P2 Million in
property for a period of one (1) year with a monthly rental of purchase price; baccarat, a card game. He was pressured into signing a Deed of
P1,000.00. Pedro, as lessee, was also obligated to pay the realty 5. When the vendor binds himself to pay the taxes on the thing Absolute Sale in favor of the winner covering a parcel of land
taxes on the property during the period of lease. sold; with improvements worth P20 Million. One month later, the
supposed vendee of the property demanded that he and his
Subsequently, Pedro led a complaint against Juan for the 6. In any other case where it may be fairly inferred that the real
family vacate the property subject of the deed of sale.
reformation of the Deed of Absolute Sale, alleging that the intention of the parties is that the transaction shall secure the
transaction covered by the deed was an equitable mortgage. In payment of a debt or the performance of any other obligation. Was the deed of sale valid? What can Z do? (4%)
his veri ed answer to the complaint, Juan alleged that the
"In any of the foregoing cases, any money, fruits, or other
property was sold to him under the Deed of Absolute Sale, The sale is valid. Being pressured to sign the deed of sale is not
bene t to be received by the vendee as rent or otherwise shall
and interposed counterclaims to recover possession of the equivalent to vitiation of consent. Z however, can recover his
be considered as interest which shall be subject to the usury
property and to compel Pedro to turn over to him the owner’s losses from the winner because the law provides that no action
laws."
duplicate of title. can be maintained by the winner for the collection of what he
Article 1604 states that "the provisions of article 1602 shall has won in any game of chance. But any loser in a game of
Resolve the case with reasons. (6%)
also apply to a contract purporting to be an absolute sale." chance may recover his loss from the winner, with legal
For Articles 1602 and 1604 to apply, two requisites must interests from the time he paid the amount lost. (Article 2014)
The complaint of Pedro against Juan should be dismissed. The
instances when a contract — regardless of its nomenclature — concur: 1) the parties entered into a contract denominated as a

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(2015) XIX. Mr. A, a businessman, put several real estate (b) A contract of lease of the Philippine Sea entered [Basis: Articles 1403(3) and 1327, Civil Code; discussed in p.
properties under the name of his eldest son X because at that by and between Mitoy and Elsa. (2%) 278, Vol. 2, Rabuya’s Civil Law Reviewer]
time, X was the only one of legal age among his four children. (c) A barter of toys executed by 12-year old Clarence
(D) Valid. Under the Civil Code, while both parties to the
He told his son he was to hold those assets for his siblings until and 10-year old Czar (2%)
contract are minors and, therefore, incapable of giving
they become adults themselves. X then got married. After 5 (d) A sale entered by Barri and Garri, both minors,
consent, the rati cation made by the parents of both the
years, Mr. A asked X to transfer the titles over three properties which their parents later ratified. (2%)
contracting parties shall nonetheless validate the contract from
to his three siblings, leaving two properties for himself. To A's (e) Jenny's sale of her car to Celestine in order to
the inception. [Basis: Article 1407, Civil Code; discussed in p.
surprise, X said that he can no longer be made to transfer the evade attachment by Jenny's creditors. (2%)
297, Vol. 2, Rabuya’s Civil Law Reviewer]
properties to his siblings because more than 5 years have passed
since the titles were registered in his name. (A) Voidable. Under the Civil Code, a contract where one of (E) Rescissible. Under the Civil Code, a contract undertaken
the parties is incapable of giving consent to a contract is in fraud of creditors is rescissible when the latter cannot in any
Do you agree? Explain. (4%)
voidable. A minor, like Andy in this case, is incapable of giving other manner collect the claims due them. [Basis: Article 1381
consent to a contract. Hence, the contract is voidable. [Basis: (3), Civil Code; discussed in p. 256, Vol. 2, Rabuya’s Civil Law
No, the transfer of the properties in the name of X was Reviewer]
Articles 1390(1) and 1327, Civil Code; discussed in p. 278,
without cause or consideration and it was made for the
Vol. 2, Rabuya’s Civil Law Reviewer]
purpose of holding these properties in trust for the siblings of
Rescissible Contracts
X. If the transfer was by virtue of a sale, the same is void for (B) Void. Under the Civil Code, a contract whose cause,
lack of cause or consideration. Hence, the action to declare the object or purpose is contrary to law, morals, good customs,
(2016) XV. Peter and Paul entered into a Contract to Sell
sale void is imprescriptible. (Article Heirs of Ureta vs. Ureta public order or public policy is void. The Philippine Sea is
either a property of public dominion (if within Philippine whereby Peter, the lot owner, agreed to sell to Paul his lot on
September 14, 2011- G.R. No. 165748 September 14, 2011)
November 6, 2016 for the price of P1,000,000.00 to be paid at
territory) or a common thing (if outside of Philippine
territory) and, therefore, outside the commerce of men. the residence of Peter in Makati City at 1:00 p.m. If the full
price is paid in cash at the speci ed time and place, then Peter
Defective Contracts Hence, it cannot be made the object of a contract. [Basis:
will execute a Deed of Absolute Sale and deliver the title to
Articles 1409(1) and 1347, Civil Code; discussed in pp.
Paul.
(2017) X. Brie y explain whether the following contracts are 217-218, Vol. 2, Rabuya’s Civil Law Reviewer]
valid, rescissible, unenforceable, or void: (C) Unenforceable. Under the Civil Code, a contract where On November 6, 2016, Paul did not show up and was not
heard of from that date on. In view of the nonperformance by
(a) A contract of sale between Lana and Andy both parties are incapable of giving consent to a contract is
Paul of his obligation, Peter sent a letter to Paul that he is
wherein 16-year old Lana agreed to sell her unenforceable. Here, both parties to the contract are minors
expressly and extra-judicially declaring the Contract to Sell
grand piano for ₱5,000.-00. (2%) and, therefore, incapable of giving consent to a contract.
rescinded and of no legal and binding e ect. Peter further

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stated that failure on the part of Paul to contest the rescission Nonetheless, Peter may validly cancel the contract to sell incapable of giving consent at the time of the execution of the
within thirty (30) days from receipt of said letter shall mean (Olivarez v. Castillo, G.R. No. 196251, July 9, 2014). sale. (Article 1390 and Article 1327) Jackie can no longer
that the latter agreed to the rescission. (B) If Paul made a down payment, Peter may still cancel the
recover the townhouse unit because if a contract is voidable on
the ground of minority, the action to annul it must be led
Paul did not reply to this letter for ve (5) years. Thus, Peter contract because in a contract to sell, the seller does not yet
decided to sell his lot to Henry in 2021. After hearing that agree to transfer ownership to the buyer. The non-payment of within four (4) years from attainment of the age of majority.
Henry bought the lot, Paul now questions the sale of the lot to the price in a contract to sell is not a breach for which the Since Jackie was already 25 years old, the action has clearly
prescribed because she should have led it before she reached
Henry and les a complaint for nulli cation of the sale. remedy of rescission may be availed of, but rather it is
considered as a failure to comply with a positive suspensive the age of 22. (Article 1391, Civil Code)
a. Is the exercise by Peter of his power to rescind
extra-judicially the Contract to Sell the proper condition which will prevent the obligation of the seller to
convey title from acquiring obligatory force (Ursal v. Court of Unenforceable Contracts
and legal way of rescinding said contract?
Explain. (2.5%) Appeals. G.R. No. 142411, October 14, 2005, 473 SCRA 52,
citing Chua v. Court of Appeals, G.R. No. 144881, October (2022) I.8. In 2017, Alma orally sold a parcel of unregistered
b. In case Paul made a downpayment pursuant to a
16, 2003, 401 SCRA 54). land to the spouses Ray and Shane for Php 500,000.00. Upon
stipulation in the Contract to Sell, what is the
receipt of the initial payment of Php 350,000.00, Alma
legal remedy of Peter? (2.5%)
Voidable Contracts delivered possession of the land to the spouses. Shortly
thereafter, Alma died. In order to formalize the sale, Ray and
(A) As a general rule, the power to rescind an obligation must
Shane convinced Josie, one of Alma’s children, to sign a
be invoked judicially and cannot be exercised solely on a (2015) XI. Jackie, 16, inherited a townhouse. Because she
wanted to study in an exclusive school, she sold her townhouse notarized deed of con rmation of sale. In consideration
party’s own judgment that the other has committed a breach
thereof, Josie received Php 150,000.00 representing the
of the obligation. This is so because rescission of a contract by signing a Deed of Sale and turning over possession of the
same to the buyer. When the buyer discovered that she was balance of the purchase price. On the strength of the notarized
will not be permitted for a slight or casual breach, but only for
still a minor, she promised to execute another Deed of Sale con rmation of sale, the spouses were able to transfer the tax
such substantial and fundamental violations as would defeat
declaration of the property in their names. Later, Josie died.
the very object of the parties in making the agreement. when she turns 18. When Jackie turned 25 and was already
However, rescission as a remedy for breach is applicable only working, she wanted to annul the sale and return the buyer's
money to recover her townhouse. In 2020, the surviving children of Alma discovered the oral
to an obligation which is extant. Be it noted that the contract
sale of the land to Ray and Shane. They demanded the return
between the parties.is a contract to sell and not a contract of Was the sale contract void, voidable or valid? Can Jackie of the property on the following grounds:
sale and in a contract to sell, there is a reservation of ownership still recover the property? Explain. (4%) (i) the oral contract of sale is void because it does not appear in
on the part of the seller and his obligation to convey title will
a public instrument; and
only arise upon full payment of the purchase price. The contract of sale was voidable on the ground that Jackie is (ii) assuming the sale is not void, it is unenforceable under the

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Statute of Frauds. to Ms. Q for P2,500,000.00. Ms. Q accepted on the condition Natural Obligations
that their agreement will not take e ect until after one (1) year.
Ray and Shane insisted that the sale of the land to them was Mr. P then acceded and both of them shook hands. Excited (2015) XV.A. Sara borrowed P50,000.00 from Julia and
both valid and enforceable. about the prospect of acquiring Mr. P's shares, Ms. Q orally promised to pay it within six months. When Sara tried
approached the former and o ered to pay him an earnest
Are the contentions of the heirs of Alma tenable? to pay her debt on the 8th month, Julia demanded the
money equivalent to 1 % of the purchase price, which Mr. P
Explain briefly. payment of interest of 12o/o per annum because of Sara's
accepted. After one (1) year, Ms. Q approached Mr. P seeking delay in payment. Sara paid her debt and the interest claimed
the enforcement of their agreement for Mr. P to sell his shares by Julia. After rethinking, Sara demanded back from Julia the
The contentions of the heirs of Alma are untenable.
to her. Mr. P refused to honor their agreement, claiming that amount she had paid as interest. Julia claims she has no
As to the rst contention, being a consensual contract, sale is the same was covered by the Statute of Frauds because it was obligation to return the interest paid by Sara because it was a
perfected at the moment there is a meeting of minds upon the not reduced into writing and hence, unenforceable.
natural obligation which Sara voluntarily performed and can
thing which is the object of the contract and upon the price.
Is the position of Mr. P correct? Explain. (3%) no longer recover.
An oral contract of sale does not require to appear in a public
instrument for it to be valid. As to the second contention, the Do you agree? Explain. (4%)
Supreme Court has consistently held that the Statute of No, the position of P is incorrect. The Statute of Frauds only
applies to purely executory contracts; partial performance
Frauds is applicable only to executory contracts, not to No, the case is not one of a natural obligation because even if
contracts that are totally or partially performed. removes the contract from the ambit of the Statute of Frauds the contract of loan is verbal, the delay of Julia made her liable
and not to partially or completely executed contracts. Article
for interest upon demand by Sara. This is not a case of a
Here, the oral sale of the unregistered land by Alma to Ray 1482 of the Civil Code provides that whenever earnest money
and Shane is valid as there was a meeting of the minds as to the natural obligation but a civil obligation to pay interest by way
is given in a contract of sale, it shall be considered as part of the of damages by reason of delay. (Article 1956; Article 1169;
object and price. The Statute of Frauds does not apply because price and as proof of the perfection of the contract. The Article 2209 Civil Code)
there was already partial performance with the initial payment payment of earnest money, such as in this case, is tantamount
of Php 350,000.00 by Ray and Shane to Alma. to partial execution of the contract which precludes the
(2015) XV.B. Distinguish civil and natural obligations.
The heirs of Alma are thus incorrect and that the contract of application of the Statute of Frauds. The contract has been
(2%)
sale is both valid and enforceable. partially performed and a bene t was already accepted when
the seller accepted earnest money from the buyer (Article 1403
(Sps. Beltran v. Sps. Cangayda, G.R. No. 225033. August 15, A civil obligation is based on positive law which gives a right of
(2)(d); Averia v. Averia, G.R. No. 141877. August 13, 2004;
2018) action to compel their performance in case of breach. A
Mactan-Cebu International Airport Authority v. Tudtud,
natural obligation is based on equity and natural law and
(2008).
(2019) B.15. Mr. P o ered to sell his Manila Polo Club shares cannot be enforced by court action but after voluntary

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ful lment by the obligor, they authorize the retention of what text messages, Evelyn and Brenda agreed that: new sneakers for Php 25,000.00. In fact, Breda has already
may have been delivered or rendered by reason thereof. (i) Evelyn will sell to Brenda a pair of brand-new sneakers deposited the purchase price to which Evelyn acknowledged
(Article 1423, Civil Code) for Php 25,000.00; receipt. Evelyn can no longer withdraw from the contract as it
(ii) Brenda will deposit the purchase price in Evelyn’s bank has long been perfected.
Special Contracts account; and Thus, Evelyn's contention is untenable.
(iii) Evelyn will deliver the sneakers within ten days from
Sales deposit. Brenda deposited the purchase price and Evelyn
(2021) 12. A seller posted an online advertisement for a
acknowledged receipt thereof.
“4-volume set of Tolentino's Commentaries and
Contract of Sale Before the delivery of the sneakers, Evelyn received an o er
Jurisprudence on the Civil Code of the Philippines, 100 pesos
from Rosela to buy the same sneakers for Php 35,000.00.
Contract to Sell only.” A Bar candidate excitedly ordered it and paid through
Evelyn candidly tells Brenda that she is selling the sneakers at a
GCash. However, when the set was delivered, tears started to
higher price to another buyer, and sends this text message to
Option Contract well in the Bar candidate's eyes. Much to the Bar candidate's
Brenda: “Sizt, may iba pala akong buyer na mas malaki yung
bewilderment, the author was not Arturo Tolentino, the legal
Right of First Refusal o er, sorry! Balik ko nalang bayad mo, keri?” Evelyn claims
luminary as the candidate was made to expect, but Lorna
that since the sneakers have not yet been delivered to Brenda,
Double Sales Tolentino, the noted actor.
she can still withdraw the o er.
Breach of Contract of Sale Is Evelyn’s contention tenable? Explain briefly. The Bar candidate believes that the contract of sale should be
Maceda Law rescinded and that damages are also proper.
No, Evelyn's contention that she can still withdraw the o er
Is the Bar candidate's position legally sound? Explain
Extinguishment of the Sale since the sneakers have not yet been delivered to Brenda is
briefly.
untenable because a sales contract is perfected by mere
Equitable Mortgage consent.
Yes, the contract of sale can be rescinded, and damages are
Pacto de Retro Sales Under the law on sales, a contract of sale is consensual in that proper.
it is perfected at the moment there is a meeting of the minds
Under the Civil Code, rescission is implied in reciprocal
Contract of Sale upon the object and the price. From hereon, the parties may
obligations. Rescission is proper when the debtor fails to
reciprocally demand performance.
perform its obligation, such as in this case.
(2022) I.7. Brenda saw the online advertisement of Evelyn, Here, there was already a meeting of the minds between
The buyer ordered Arturo Tolentino's Civil Code book set
who sells limited edition sneakers. Through an exchange of Evelyn and Brenda in that Evelyn will sell to Brenda a pair of

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but what was delivered was Lorna Tolentino's book set.

Article 1155 of the Civil Code provides that the “prescription After delivery of the initial payment of P100,000.00, Monica
Further, damages can be proper in case of bad faith or fraud in of actions is interrupted” inter alia, “when there is any written immediately took possession of the property. Five (5) months
the performance of the obligation. This can be presumed in acknowledgment of the debt by the debtor.” This simply after, Monica failed to pay the remaining balance of the
this case because it was clear that the buyer was a bar means that the period of prescription, when interrupted by purchase price. Nante led an action for the recovery of
candidate, looking for law books. such a written acknowledgment, begins to run anew; and possession of the property. Nante alleged that the agreement
Thus, the contract of sale can be rescinded and the prayer for whatever time of limitation might have already elapsed from was one to sell, which was not consummated as the full
damages granted. the accrual of the cause of action is thereby negated and contract price was not paid.
rendered ine cacious. The e ect of the interruption spoken Is the contention of Nante tenable? Why? (4%)
(2019) B.20. Distinguish the following: of in Article 1155 is to renew the obligation, to make
prescription run again from the date of the interruption.
(a) Contract of sale and contract to sell (2%) No, the contention of Nante that it is one to sell is untenable.
[Philippine National Railways vs. National Labor Relations
(b) Interruption and tolling of prescription of There is a perfected contract of sale in this case when Nante
Commission, 177 SCRA 740 (1989)]
actions (2%) agreed to sell and Monica agreed to buy the subject parcel of
In Overseas Bank of Manila v. Geraldez, the Supreme Court land at its agreed price. Under Article 1475 of the Civil Code,
(A) A contract of sale may be absolute or conditional (Art. ruled that tolling merely suspends the period that has already there is a perfected contract of sale at the moment there is a
1458 (2), Civil Code). A contract to sell is a kind of elapsed. meeting of the minds upon the thing which is the object of the
conditional sale. contract and upon the price. Ownership was transferred upon
Contract to Sell delivery or upon the taking of possession by Monica, the
In an absolute sale, title to the property passes to the vendee
buyer. The non-payment of the full price a ects the
upon the delivery of the thing sold. In both contracts to sell
(2014) IV. Nante, a registered owner of a parcel of land in consummation of the contract of sale and not its perfection.
and contracts of conditional
Quezon City, sold the property to Monica under a deed of sale The case of Heirs of Atienza v. Espidol (G.R. No. 180665,
sale, title to the property remains with the seller despite which reads as follows: August 11, 2010), di erentiated a contract of sale and a
delivery. Both contracts are subject to the positive suspensive
"That for and in consideration of the sum of P500,000.00, contract to sell, In a contract of sale, the title to the property
condition of the buyer’s full payment of the purchase price or
value to be paid and delivered to me, and receipt of which shall passes to the buyer upon the delivery of the thing sold. In a
the ful llment of the condition.
be acknowledged by me to the full satisfaction of Monica, contract to sell, on the other hand, the ownership is, by
(B) The interruption of the prescriptive period by written referred to as Vendee, I hereby sell, transfer, cede, convey, and agreement, retained by the seller and is not to pass to the
extrajudicial demand means that the said period would assign, as by these presents, I do have sold, transferred, ceded, vendee until full payment of the purchase price. In the
commence anew from the receipt of the demand [Overseas conveyed and assigned a parcel of land covered by TCT No. contract of sale, the buyer’s non-payment of the price is a
Bank of Manila v. Geraldez, 94 SCRA 937 (1979)] 2468 in favor of the Vendee." negative resolutory condition; in the contract to sell, the

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buyer’s full payment of the price is a positive suspensive Option Contract

Marvin will not be liable to pay Carlos any damages for
condition to the coming into e ect of the agreement. In the withdrawing the o er before the lapse of the period granted.
rst case, the seller has lost and cannot recover the ownership (2005) IX. Marvin o ered to construct the house of Carlos In this case, no consideration was given by Carlos for the
of the property unless he takes action to set aside the contract for a very reasonable price of P900,000.00, giving the latter 10 option given, thus there is no perfected contract of option for
of sale. In the second case, the title simply remains in the seller days within which to accept or reject the o er. On the fth lack of cause of obligation. Marvin cannot be held to have
if the buyer does not comply with the condition precedent of day, before Carlos could make up his mind, Marvin withdrew breached the contract. Thus, he cannot be held liable for
making payment at the time speci ed in the contract. his o er. damages.
The agreement in this case is not a contract to sell because a) What is the effect of the withdrawal of Marvin’s (B) My answer will be the same as to the perfection of the
nothing in the facts shows that the parties agreed that offer? (2%) contract for the construction of the house of Carlos. No
ownership is retained by Nante (seller) and is not to pass to b) Will your answer be the same if Carlos paid perfected contract arises because of lack of consent. With the
Monica (buyer) until full payment of the purchase price. Marvin P10,000.00 as consideration for that withdrawal of the o er, there could be no concurrence of o er
option? Explain. (2%) and acceptance.
(2012) X.a. A contract to sell is the same as a conditional c) Supposing that Carlos accepted the offer before
Marvin could communicate his withdrawal My answer will not be the same as to damages. Marvin will be
contract of sale.
thereof. Discuss the legal consequences. (2%) liable for damages for breach of contract of option. With the
Do you agree? Explain your answer. (5%) payment of the consideration for the option given, and with
the consent of the parties and the object of contract being
(A) The withdrawal of Marvin's o er will cause the o er to
No. A contract to sell is a species of conditional sale. The present, a perfected contract of option was created. (San
cease in law. Hence, even if subsequently accepted, there could
contract to sell does not sell a thing or property; it sells the Miguel, Inc. v. Huang, G.R. No. 137290, July 31, 2000)
be no concurrence of the o er and the acceptance. In the
right to buy property. A conditional sale is a sale subject to the Under Article 1170 of the Civil Code, those who in the
absence of concurrence of o er and acceptance, there can be
happening or performance of a condition, such as payment of performance of their obligation are guilty of contravention
no consent. (Laudico v. Arias Rodriguez, G.R. No. 16530,
the full purchase price, or the performance of other prestation thereof, as in this case, when Marvin did not give Carlos the
March 31, 1922) Without consent, there is no perfected
to give, to do or not to do. Compliance with the condition agreed period of ten days, are liable for damages.
contract for the construction of the house of Carlos. (Salonga
automatically gives the right to the vendee to demand the
v. Farrales, G.R. No. L-47088, July 10, 1981) Article 1318 of (C) A contract to construct the house of Carlos is perfected.
delivery of the object of the sale. In a contract to sell, however,
the Civil Code provides that there can be no contract unless Contracts are perfected by mere consent manifested by the
the compliance with the condition does not automatically sell
the following requisites concur: (1) consent of the parties; (2) meeting of the o er and the acceptance upon the thing and
the property to the vendee. It merely gives the vendee the right
object certain which is the subject matter of the contract; and the cause which are to constitute the contract. (Gomez v.
to compel the vendor to execute the deed of absolute sale.
(3) cause of the obligation. Court of Appeals, G.R. No. 120747, September 21, 2000)

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Under Article 1315 of the Civil Code, Carlos and Marvin are buy under the principle of right of rst refusal. another 2-year period upon mutual agreement of the parties.
bound to ful ll what has been expressly stipulated and all The contract also granted Iris the right of rst refusal to
Is the allegation of Ruth tenable? (4%)
consequences thereof. Under Article 1167, if Marvin would purchase the property at any time during the lease, if Dux
refuse to construct the house, Carlos is entitled to have the decides to sell the property at the same price that the property
The allegation of Ruth is untenable. There was no right of
construction be done by a third person at the expense of is o ered for sale to a third party. Twenty-three months after
refusal o ered to her, the wording of the letter can at most be
Marvin. Marvin in that case will be liable for damages under execution of the lease contract, Dux sold breach of her right of
considered a mere o er to sell or lease with an option to buy.
rst refusal. Dux said there was no breach because the
Article 1170.
In Sanchez U. Rigos (G.R. No. L-25494, June 14. 1972), the property was sold to his mother who is not a third party. Iris
Court held that in order that a unilateral promise to buy or to led an action to rescind the sale and to compel Dux to sell the
Right of First Refusal sell may be binding upon the promisor, Article 1479 of the property to her at the same price. Alternatively, she asked the
Civil Code requires that said promise be supported by a court to extend the lease for another 2 years on the same terms.
(2014) VIII. Tess leased her 1,500 sq. m. lot in Antipolo City consideration distinct from the price. The promisor cannot be
to Ruth for a period of three (3) years, from January 2010 to a. Can Iris seek rescission of the sale of the property
compelled to comply with the promise, unless the existence of
February 2013. to Dux's mother? (3%)
a consideration distinct from the price is established. In the
b. Will the alternative prayer for extension of the
On March 19, 2011, Tess sent a letter to Ruth, part of which present case, there was no valuable or independent
lease prosper? (2%)
reads as follows: consideration, thus, it cannot be classi ed as a unilateral
promise to sell, but is only a mere o er to sell. Since there was
"I am o ering you to buy the property you are presently (A) Yes, because the right of rst refusal is included in the
no valuable or independent consideration, it was not an
leasing at P5,000.00 per sq. m. or for a total of P7,500,000.00. contract signed by the parties. Only if the lessee failed to
option contract but a mere option to buy, which may be
You can pay the contract price by installment for two (2) years exercise the right of rst refusal could the lessor lawfully sell
withdrawn at any time.
without interest. the subject property to others, under no less than the same
The option to buy or the o er to sell given to Ruth is one year terms and conditions previously o ered to the lessee. Granting
I will give you a period of one (1) year from receipt of this
from receipt of Tess’ letter by Ruth. The lease is for three (3) that the mother is not a third party, this would make her privy
letter to decide whether you will buy the property."
years from January 2010 to February 2013. Tess sent the letter to the agreement of Dux and Iris, aware of the right of rst
After the expiration of the lease contract, Tess sold the on March 19, 2011. The right has already expired when Tess refusal. This makes the mother a buyer in bad faith, hence
property to her niece for a total consideration of P4 million. sold the lot to her niece. giving more ground for rescission of the sale to her (Equatorial
Ruth led a complaint for the annulment of the sale, Realty, et al. v. Mayfair Theater, G.R. No. 106063, 21 Nov.
reconveyance and damages against Tess and her niece. Ruth (2008) XVI. Dux leased his house to Iris for a period of 2 1996).
alleged that the sale of the leased property violated her right to years, at the rate of P25,000.00 monthly, payable annually in
(B) No. The contract stipulated that it may be renewed for
advance. The contract stipulated that it may be renewed for

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another 2-year period upon mutual agreement of the parties. of sale in favor of Lorna. Ownership of the parcel of land was subsequent repurchase, valid? (2.5%)
Contracts are binding between the parties; validity or transferred to Lorna. Aida could not have validly sold the land (b) Was the second sale to Dr. Sazon valid? May the
compliance cannot be left to the will of one of the parties (Art. to Fe as the former was no longer the owner. Nemo dat quod twins redeem their share after they reach the age
1308, Civil Code). non habet. of majority? (2.5%)
Thus, Lorna owns the property.
(A) Yes, the sale is valid but only with respect to the shares
Double Sales pertaining to Soler, Sulpicio and Segundo. Upon Severino’s
(2018) IV. Severino died intestate, survived by his wife
death, his heirs became the co- owners of the only property he
Saturnina, and legitimate children Soler, Sulpicio, Segundo
(2022) I.9. Aida, for the consideration of Php 5,000,000.00, left since the rights to the succession are transmitted from the
and the twins Sandro and Sandra. At the time of his death, the
sold her parcel of land to Lorna, as evidenced by a notarized moment of the death of the decedent (Art. 777, Civil Code).
twins were only 11 years of age, while all the older children
Deed of Sale. Lorna, however, failed to deliver the amount in In a co-ownership, each co-owner may alienate his part but the
were of age. He left only one property: a 5,000 sq. m. parcel of
full, paying only Php 500,000.00 as down payment. Because e ect of the alienation with respect to the co-owners shall be
land. After his death, the older siblings Soler, Sulpicio, and
of the non-payment of the balance, Aida simply sold the same limited to the portion which may be allotted to the co-owner
Segundo sold the land to Dr. Santos for PhP500,000 with a
parcel of land to Fe with the intention of returning to Lorna who alienated his share (Article 493, Civil Code). The
right to repurchase, at the same price, within ve (5) years
the Php 500,000.00 down payment. repurchase by Soler and Sulpicio was valid up to their
from the date of the sale. The deed of sale was signed only by
respective shares. The repurchase of Segundo’s share did not
Who among Aida, Lorna, and Fe owns the property? the three (3) older siblings, and covered the entire property.
make Saturnina the owner of the share redeemed although she
Before the ve (5) years expired, Sole and Sulpicio tendered
is entitled to reimbursement.
Lorna owns the property upon the execution of the deed of their respective shares of PhP166,666 each to redeem the
sale. property. Since Segundo did not have the means because he (B) The second sale was valid only as to the aliquot shares of
was still unemployed, Saturnina paid the remaining Saturnina and of the three older siblings. Under Article 225 of
Art. 1477 of the New Civil Code provides that the ownership
PhP166,666 to redeem the property. After the property was the Family Code, the father and the mother shall jointly
of the thing sold shall be transferred to the vendee upon the
redeemed from Dr. Santos, the three (3) older children and exercise legal guardianship over the property of the
actual or constructive delivery thereof. Art. 1498 in turn
Saturnina, for herself and on behalf of the twins who were still unemancipated common child without the necessity of a
provides that when the sale is made through a public
minors, sold the property to Dr. Sazon, in an absolute sale, for court appointment. This guardianship, however, only extends
instrument, the execution thereof shall be equivalent to the
PhP1 million. In representing the twins, Saturnina relied on to powers of administration over the property of the child,
delivery of the thing which is the object of the contract, if
the fact that she was the natural guardian of her minor and does not include the power to alienate, which is an act of
from the deed the contrary does not appear or cannot clearly
children. strict dominion. Saturnina had no authority to sell the twins’
be inferred.
property, and the sale to that extent is unenforceable. Since it is
Here, there is constructive delivery when Aida executed a deed (a) Was the first sale to Dr. Santos, and the
already unenforceable, the twins do not need to redeem the

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property upon reaching the age of majority. Later on, Bernadette discovered that Alice had sold the and cannot recover it until and unless the contract is resolved
property to Chona on February 5, 2016, and that TCT No. or rescinded; whereas, in a contract to sell, title is retained by
(2017) VII. Alice agreed to sell a parcel of land with an area of 12345 had been cancelled and another one issued (TCT No. the vendor until full payment of the price. In the latter
500 square meters registered in her name and covered by TCT 67891) in favor of Chona as the new owner. contract, payment of the price is a positive suspensive
No. 12345 in favor of Bernadette for the amount of condition, failure of which is not a breach but an event that
Bernadette sued Alice and Chona for speci c performance,
₱900,000.00. Their agreement dated October 15, 2015 reads annulment of sale and cancellation of TCT No. 67891. prevents the obligation of the vendor to convey title from
as follows: Bernadette insisted that she had entered into a contract of sale becoming e ective. [Saberon v. Ventanilla, Jr., 722 SCRA 287
with Alice; and that because Alice had engaged in double sale, (2014); Spouses Torrecampo v. Alindogan, 545 Phil. 686
I, Bernadette, agree to buy the lot owned by Alice covered by
TCT No. 67891 should be cancelled and another title be (2007); discussed in pp. 363-366, Vol. 2, Rabuya’s Civil Law
TCT No. 12345 for the amount of ₱900,000.00 subject to the
issued in Bernadette's favor. Reviewer]
following schedule of payment:
(a) Did Alice and Bernadette enter into a contract of In the case at bar, the contract entered between the parties is a
Upon signing of agreement – ₱100,000.00
contract to sell because ownership is retained by the vendor
sale of the lot covered by TCT No. 12345?
November 15, 2015 – ₱200,000.00 and is not to pass to the vendee until full payment of the
Explain your answer. (4%)
December 15, 2015 - ₱200,000.00 (b) Did Alice engage in double sale of the property? purchase price.

January 15, 2016 - ₱200,000.00 Explain your answer. (4%) (B) No, because there was no previous sale of the same
property prior to its sale to Chona.
February 15, 2016 - ₱200,000.00
(A) No, because in the agreement between Alice and Despite the earlier transaction of Alice with Bernadette, the
Title to the property shall be transferred upon full payment of Bernadette the ownership is reserved in the vendor and is not former is not guilty of double sale because the previous
₱900,000.00 on or before February 15, 2016. to pass to the vendee until full payment of the purchase price, transaction with Bernadette is characterized as a contract to
After making the initial payment of ₱100,000.00 on October which makes the contract one of contract to sell and not a sell. In a contract to sell, there being no previous sale of the
15, 2015, and the second instalment of ₱200,000.00 on contract of sale. property, a third person buying such property despite the
November 15, 2015, Bernadette defaulted despite repeated Distinctions between a contract to sell and a contract of sale ful llment of the suspensive condition such as the full
demands from Alice. are well-established in jurisprudence. In a contract of sale, the payment of the purchase price, for instance, cannot be deemed
In December 2016, Bernadette o ered to pay her balance but title to the property passes to the vendee upon the delivery of a buyer in bad faith and the prospective buyer cannot seek the
Alice refused and told her that the land was no longer for sale. the thing sold; in a contract to sell, ownership is, by agreement, relief of reconveyance of the property. There is no double sale
Due to the refusal, Bernadette caused the annotation of her reserved in the vendor and is not to pass to the vendee until in such case. Title to the property will transfer to the buyer
adverse claim upon TCT No. 12345 on December 19, 2016. full payment of the purchase price. Otherwise stated, in a after registration because there is no defect in the owner-sellers
contract of sale, the vendor loses ownership over the property title per se, but the latter, of course, may be sued for damages

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by the intending buyer. [Basis: Coronel v. CA, 263 SCRA 15 in which they may take part by virtue of their profession. sought X for a written authority to sell.
(1996); discussed in pp. 363-366, Vol. 2, Rabuya’s Civil Law While the suit is for annulment of marriage and it may be
X e-mailed Y an authority to sell the land. Y thereafter sold the
Reviewer] argued that the land itself is not the object of the litigation, the land on May 1, 2001 to B2 on a monthly installment basis for
annulment of marriage if granted, will carry with it the two years, the rst installment to be paid at the end of May
(2013) I.IX. Rica petitioned for the annulment of her liquidation of the absolute community or conjugal
2001.
ten-year old marriage to Richard. Richard hired Atty. Cruz to partnership of the spouses as the case may be (Article 50 in
relation to Article 43 of the Family Code). Richard purchased Who between B1 and B2 has a better right over the
represent him in the proceedings. In payment for Atty. Cruz's
the land with his lotto winnings during the pendency of the land? Explain. (5%)
acceptance and legal fees, Richard conveyed to Atty. Cruz a
parcel of land in Taguig that he recently purchased with his suit for annulment and on the assumption that the parties are
governed by the regime of absolute community or conjugal B-2 has a better title. This is not a case of double sale since the
lotto winnings. The transfer documents were duly signed and
partnership, winnings from gambling or betting will form part rst sale was void. The law provides that when a sale of a piece
Atty. Cruz immediately took possession by fencing o the
thereof. Also, since the land is part of the absolute community of land or any interest therein is through an agent, the
property's entire perimeter.
or conjugal partnership of the Richard and Rica it may not be authority of the latter shall be in writing: otherwise, the sale
Desperately needing money to pay for his mounting legal fees shall be void (Article 1874, New Civil Code). The property
sold or alienated without the consent of the latter and any
and his other needs and despite the transfer to Atty. Cruz, was sold by Y to B1 without any written authority from the
disposition or encumbrance of the property of the community
Richard o ered the same parcel of land for sale to the spouses owner X. Hence, the sale to B1 was void.
or conjugal property without the consent of the other spouse
Garcia. After inspection of the land, the spouses considered it
is void. (Article 96 and Article 124, Family Code).
a good investment and purchased it from Richard.
Immediately after the sale, the spouses Garcia commenced the Breach of Contract of Sale
construction of a three-story building over the land, but they (2010) XVI. X was the owner of an unregistered parcel of
land in Cabanatuan City. As she was abroad, she advised her
were prevented from doing this by Atty. Cruz who claimed he Maceda Law
has a better right in light of the prior conveyance in his favor. sister Y via overseas call to sell the land and sign a contract of
sale on her behalf.
Is Atty. Cruz's claim correct? (8%) (2014) IX. Spouses Macario and Bonifacia Dakila entered
Y thus sold the land to B1 on March 31, 2001 and executed a into a contract to sell with Honorio Cruz over a parcel of
deed of absolute sale on behalf of X. B1 fully paid the
No, Atty. Cruz is not correct. At rst glance, it may appear industrial land in Valenzuela, Bulacan for a price of Three
purchase price.
that Atty. Cruz is the one who has a better right because he Million Five Hundred Thousand Pesos (P3,500,000.00). The
rst took possession of the property. However, as a lawyer of B2, unaware of the sale of the land to B1, signi ed to Y his spouses would give a downpayment of Five Hundred
Richard he is prohibited under Article 1491 from acquiring interest to buy it but asked Y for her authority from X. Thousand Pesos (P500,000.00) upon the signing of the
the property and rights which may the object of any litigation Without informing X that she had sold the land to B1, Y contract, while the balance would be paid for the next three

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(3) consecutive months in the amount of One Million Pesos favor. is entitled: 1) to pay without additional interest the unpaid
(P1,000,000.00) per month. The spouses paid the rst two (2) installments due within a grace period of four (4) months or
a) Was the action of DEVLAND proper? Explain.
installments but not the last installment. After one (1) year, one month for every year of installment paid; 2) if the contract
(2%)
the spouses o ered to pay the unpaid balance which Honorio is cancelled, Bernie is entitled to the refund of the cash
b) Discuss the rights of Bernie under the
refused to accept. circumstances. (2%) surrender value equal to 50% of the total payments made.
The spouses filed a complaint for specific performance c) Supposing DEVLAND had fully developed the DEVLAND on the other hand has the right to cancel the
against Honorio invoking the application of the Maceda subdivision but Bernie failed to pay further contract after 30 days from receipt by Bernie of notice of
Law. If you are the judge, how will you decide the case? installments after 4 years due to business cancellation. DEVLAND is however obliged to refund to
(4%) reverses. Discuss the rights and obligations of the Bernie 50% of the total payments made. (Rillo v. Court of
parties. (2%) Appeals, G.R. No. 125347, June 19,1997)
I will dismiss the complaint. The invocation of the Maceda
Law by the spouses is misplaced. Section 3 of R.A. 6552 (A) No, the action of DEVLAND is not proper. Under
(Maceda Law) provides that it is applicable in all transactions Section 23 of Presidential Decree No. 957, otherwise known Extinguishment of the Sale
or contracts involving the sale or nancing of real estate on as the Subdivision and Condominium Buyer's Protection
instalment payments, including residential condominium Decree, non-payment of amortizations by the buyer is justi ed (2018) IV. Severino died intestate, survived by his wife
apartments but excluding industrial lots, commercial if non-payment is due to the failure of the subdivision owner Saturnina, and legitimate children Soler, Sulpicio, Segundo
buildings and sales to tenants. Since the subject of the case is to develop the subdivision project according to the approved and the twins Sandro and Sandra. At the time of his death, the
an industrial land, Maceda Law is not applicable. plans and within the limit for complying. (Eugenio v. Drilon, twins were only 11 years of age, while all the older children
G.R. No. 109404, January 22, 1996) were of age. He left only one property: a 5,000 sq. m. parcel of
(2005) X. Bernie bought on installment a residential (B) Under P.D. No. 957, a cancellation option is available to land. After his death, the older siblings Soler, Sulpicio, and
subdivision lot from DEVLAND. After having faithfully paid Bernie. If Bernie opts to cancel the contract, DEVLAND Segundo sold the land to Dr. Santos for PhP500,000 with a
the installments for 48 months, Bernie discovered that must reimburse Bernie the total amount paid and the right to repurchase, at the same price, within ve (5) years
DEVLAND had failed to develop the subdivision in amortized interest, excluding delinquency interest, plus from the date of the sale. The deed of sale was signed only by
accordance with the approved plans and speci cations within interest at legal rate. (Eugenio v. Drilon, G.R. No. 109404, the three (3) older siblings, and covered the entire property.
the time frame in the plan. He thus wrote a letter to January 22, 1996) Before the ve (5) years expired, Sole and Sulpicio tendered
DEVLAND informing it that he was stopping payment. their respective shares of PhP166,666 each to redeem the
(C) In this case, pursuant to Section 24 of P.D. No. 957, R.A.
Consequently, DEVLAND cancelled the sale and wrote property. Since Segundo did not have the means because he
No. 6552 otherwise known as the Realty Installment Buyer
Bernie, informing him that his payments are forfeited in its was still unemployed, Saturnina paid the remaining
Protection Act, shall govern. Under Section 3 thereof, Bernie

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PhP166,666 to redeem the property. After the property was the Family Code, the father and the mother shall jointly purpose of securing the shortage incurred by Domeng in the
redeemed from Dr. Santos, the three (3) older children and exercise legal guardianship over the property of the amount of P70,000.00 while employed as "biyahero" by
Saturnina, for herself and on behalf of the twins who were still unemancipated common child without the necessity of a Eulalia.
minors, sold the property to Dr. Sazon, in an absolute sale, for court appointment. This guardianship, however, only extends
Was the Deed of Sale between Domeng and Eulalia a
PhP1 million. In representing the twins, Saturnina relied on to powers of administration over the property of the child,
contract of sale or an equitable mortgage? Explain. (5%)
the fact that she was the natural guardian of her minor and does not include the power to alienate, which is an act of
children. strict dominion. Saturnina had no authority to sell the twins’
The contract between Domeng Bandong and Eulalia was an
(a) Was the first sale to Dr. Santos, and the property, and the sale to that extent is unenforceable. Since it is
equitable mortgage rather than a contract of sale. The
subsequent repurchase, valid? (2.5%) already unenforceable, the twins do not need to redeem the
purported deed of sale was actually intended to merely secure
(b) Was the second sale to Dr. Sazon valid? May the property upon reaching the age of majority.
the payment of the shortage incurred by Domeng in the
twins redeem their share after they reach the age conduct of the cattle-buying operations. Under Art 1602,
of majority? (2.5%) Civil Code, the contract shall be presumed to be an equitable
Equitable Mortgage mortgage when it may be fairly inferred that the real intention
(A) Yes, the sale is valid but only with respect to the shares of the parties is simply to secure the payment of a debt or the
pertaining to Soler, Sulpicio and Segundo. Upon Severino’s (2012) VI.b. Eulalia was engaged in the business of buying performance of any other obligation. The present transaction
death, his heirs became the co- owners of the only property he and selling large cattle. In order to secure the nancial capital, was clearly intended to just secure the shortage incurred by
left since the rights to the succession are transmitted from the she advanced for her employees (biyaheros). She required them Eulalia because Bandung remained in possession of the
moment of the death of the decedent (Art. 777, Civil Code). to surrender TCT of their properties and to execute the property in spite of the execution of the sale.
In a co-ownership, each co-owner may alienate his part but the corresponding Deeds of Sale in her favor. Domeng Bandong
e ect of the alienation with respect to the co-owners shall be was not required to post any security but when Eulalia
limited to the portion which may be allotted to the co-owner discovered that he incurred shortage in cattle procurement Pacto de Retro Sales
who alienated his share (Article 493, Civil Code). The operation, he was required to execute a Deed of Sale over a
repurchase by Soler and Sulpicio was valid up to their parcel of land in favor of Eulalia. She sold the property to her
(2016) XII. On March 13, 2008, Ariel entered into a Deed of
respective shares. The repurchase of Segundo’s share did not grandniece Jocelyn who thereafter instituted an action for
Absolute Sale (DAS) with Noel where the former sold his
make Saturnina the owner of the share redeemed although she ejectment against the Spouses Bandong.
titled lot in Quezon City with an area of three hundred (300)
is entitled to reimbursement. To assert their right, Spouses Bandong led an action for square meters to the latter for the price of P300,000.00. The
(B) The second sale was valid only as to the aliquot shares of annulment of sale against Eulalia and Jocelyn alleging that prevailing market value of the lot was P3,000.00 per square
Saturnina and of the three older siblings. Under Article 225 of there was no sale intended but only equitable mortgage for the meter. On March 20, 2008, they executed another "Agreement

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To Buy Back/Redeem Property" where Ariel was given an property after the purported sale; and c) Ariel was the one of the lessor.
option to repurchase the property on or before March 20, who paid the real property taxes. Under the circumstances, a
(D) No, it is void because of breach of the lease contract.
2010 for the same price. Ariel, however, remained in actual presumption arises under Article 1602 C.C. that what was
possession of the lot. Since Noel did not pay the taxes, Ariel really executed was an equitable mortgage. Moreover, Article
paid the real property taxes to avoid a delinquency sale. 1603 C.C. provides that in case of doubt, a contract
Rights and Obligations of Lessor
purporting to be a sale with right to repurchase shall be
On March 21, 2010, Ariel sent a letter to Noel, attaching
thereto a manager's check for P300,000.00 manifesting that he construed as an equitable mortgage.
(2019) B.19. Mr. A entered into a lease contract covering one
is redeeming the property. Noel rejected the redemption of his commercial buildings with XYZ Company, a
claiming that the DAS was a true and valid sale representing partnership composed of X, Y, and Z, as lessee, for use as an
the true intent of the parties. Ariel led a suit for the Lease o ce space. Upon failure to receive the rental payments when
nulli cation of the DAS or the reformation of said agreement they fell due, Mr. A immediately sought payment of the same
Kinds of Lease
to that of a Loan with Real Estate Mortgage. He claims the from X, Y, and Z, asserting that the individual partners are
DAS and the redemption agreement constitute an equitable Rights and Obligations of Lessor solidarily liable together with the partnership for its debts.
mortgage. Noel however claims it is a valid sale with pacto de
Rights and Obligations of Lessee X, Y, and Z disagreed with Mr. A's contention, arguing further
retro and Ariel clearly failed to redeem the property.
that in any event, rentals should not be paid up until Mr. A
As the RTC judge, decide the case with reasons. (5%) makes the necessary arrangements for the repair of the
Kinds of Lease defective electrical wirings in the o ce that caused power
I will decide in favor of Ariel and allow the reformation of the outages and hence, made it di cult, if not impossible, for
agreement. The DAS and the redemption agreement (2014) XXVI. Isaac leased the apartment of Dorotea for two them to conduct their usual business operations.
constitute an equitable mortgage and Ariel may ask for the (2) years. Six (6) months after, Isaac subleased a portion of the
Rule on the parties' respective arguments. (5%)
reformation of the agreement to that of a Loan with Real apartment due to nancial di culty. Is the sublease contract
Estate Mortgage as allowed by Article 1605 of the Civil Code valid? (1%)
Mr. A’s contention that the individual partners are solidarily
(CC). The circumstances clearly show that the agreement is an (A) Yes, it is valid for as long as all the elements of a valid liable together with the partnership for partnership debts is
equitable mortgage, such as the: sublease contract are present. untenable. Article 1768 of the Code provides that the
a) price of the lot was inadequate since it was only sold at (B) Yes, it is valid if there is no express prohibition partnership has a juridical personality separate and distinct
P300,000 when the prevailing market value of such was for subleasing in the lease contract. from that of each of the partners. Article 1816 of the Civil
P900,000; Code further provides that all partners, including industrial
(C) No, it is void if there is no written consent on the part
b) the vendor, Ariel, remained in actual possession of the ones, shall be liable pro rata with all their property and after all

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the partnership assets have been exhausted, for the contracts Ildefonso is still not an innocent purchaser for value. He
(a) Yes, item (iii) is the penalty clause in the lease agreement.
which may be entered into in the name and for the account of ought to know the existence of the lease because the building
the partnership, under its signature and by a person authorized was already occupied by the tenants at the time he bought it. D.M. Ragasa Enterprises v. BDO (G.R. No. 190512. June 20,
to act for the partnership. Applying the principle of caveat emptor, he should have 2018) de nes a penalty clause as an accessory obligation which
checked and known the status of the occupants of their right the parties attach to a principal obligation for the purpose of
The contention of X, Y, Z that the rentals should not be paid insuring the performance thereof by imposing on the debtor a
up until Mr. A. makes the necessary arrangements for the to occupy the building before buying it.
special prestation (generally consisting in the payment of a
repair of the defective electrical wirings in the o ce that sum of money) in case the obligation is not ful lled or is
caused power outages is correct. Article 1658 of the Civil irregularly or inadequately ful lled.
Code provides that the lessee may suspend the payment of the Rights and Obligations of Lessee
rent in case the lessor fails to make the necessary repairs or to Here, item (iii) provides for the penalty in case any of the
maintain the lessee in peaceful and adequate enjoyment of the (2022) I.6. Jungkook, who owns a building, leases the same to provisions of the lease contract is violated in the form of
property leased. Repair of defective electrical wirings are Gel with the following terms: compensation equivalent to ve monthly rentals and
necessary repairs. (i) the lease is for a period of ten years; attorney's fees.
(ii) the yearly rental is Php 1,200,000.00 payable within (b) Gel is correct in that her liability is only to pay ve
the rst ten days of the current year; and monthly rentals and attorney's fees.
(2009) VIII. Jude owned a building which he had leased to
(iii) in case of breach of any of the provisions of the lease,
several tenants. Without informing his tenants, Jude sold the In a similar case, the Supreme Court ruled that a lessor cannot
Gel is liable to pay Jungkook ve monthly rentals and
building to Ildefonso. Thereafter, the latter noti ed all the insist on the performance of the lease, i.e., for the lease to
attorney’s fees.
tenants that he is the new owner of the building. Ildefonso continue until expiration of its term, because the lease has
Five years into the lease, Gel sends a notice to terminate the
ordered the tenants to vacate the premises within thirty (30) been automatically terminated when the lessee breached it by
lease and o ers to pay ve monthly rentals. Despite
days from notice because he had other plans for the building. pre-terminating its terms. The lessor is only entitled to
Jungkook’s objections, Gel vacates the premises. Jungkook
The tenants refused to vacate, insisting that they will only do damages.
sues Gel for the rentals due for the remaining ve years of the
so when the term of their lease shall have expired.
lease. Gel takes the position that her liability should only be Here, the lease contract was terminated when Gel sent a notice
Is Ildefonso bound to respect the lease contracts between limited to ve monthly rentals and attorney’s fees. to terminate and vacated the premises. Jungkook is not
Jude and his tenants? Explain your answer. (3%) entitled to the rental for the unexpired period of the Lease
(a) Is there a penalty clause in the lease agreement?
Contract, and he is only entitled to ve monthly rentals and
Yes, Ildefonso must respect the lease contracts between Jude Explain briefly.
attorney’s fees pursuant to item (iii) of the lease contract.
and his tenants. While it is true that the said lease contracts (b) As between Jungkook and Gel, who is correct?
were not registered and annotated on the title to the property, Explain briefly. (2018) XV. Simon owned a townhouse that he rented out to

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Shannon, a ight attendant with Soleil Philippine Airlines lease. In the contract of lease of things, if there is no express
Under Article 1723 NCC, the engineer or architect who drew
(SPA). They had no written contract but merely agreed on a prohibition, the lessee may sublet the thing leased (Article up the plans and speci cations for a building is liable for
three (3)-year lease. Shannon had been using the townhouse as 1650, Civil Code). In this contract, there appears to be no damages if within 15 years from the completion of the
her base in Manila and had been paying rentals for more than a prohibition regarding subleasing; thus, there is no violation of structure, the same should collapse by reason of a defect in
year when she accepted a better job o er from Sing Airlines. the contract which can be used as a ground for terminating the those plans and speci cations, or due to the defects in the
This meant that Singapore was going to be her new base and contract. The act of a lessee in subleasing the thing without ground. This liability may be enforced against the architect or
so she decided, without informing Simon, to sublease the notifying the lessor leased is not one of the causes for which engineer even by a third party who has no privity of contract
townhouse to Sylvia, an o ce clerk in SPA. the lessor may terminate the lease and judicially eject the lessee with the architect or engineer under Article 2192 NCC.
(a) Can Simon compel Shannon to reduce the lease (Article 1673, Civil Code).
agreement into writing? (2.5%)
(b) Does the sublease without Simon's knowledge and (2010) II.a. A had a 4-storey building which was constructed (2005) XIV. Under a written contract dated December 1,
consent constitute a ground for terminating the by Engineer B. After ve years, the building developed cracks 1989, Victor leased his land to Joel for a period of ve (5) years
lease? (2.5%) and its stairway eventually gave way and collapsed, resulting to at a monthly rental of P1,000.00, to be increased to P1,200.00
injuries to some lessees. Who should the lessees sue for and P1,500.00 on the third and fth year, respectively. On
(A) Yes, Simon can compel Shannon to reduce the agreement damages? (1%) January 1, 1991, Joel subleased the land to Conrad for a
into writing. While an agreement for the leasing of real period of two (2) years at a monthly rental of P1,500.00. On
1. A, the owner
property for a longer period than one year is covered by the December 31, 1992, Joel assigned the lease to his compadre,
2. B, the engineer
Statute of Frauds, thus, requiring a written memorandum of Ernie, who acted on the belief that Joel was the rightful owner
3. both A & B
its essential provisions under Article 1403, Civil Code. and possessor of the said lot. Joel has been faithfully paying the
According to Article 1406 of the Civil Code, the parties may stipulated rentals to Victor. When Victor learned on May 15,
The lessee may proceed against A for breach of contract, and
only avail themselves of the right under Article 1357 of the 1992 about the sublease and assignment, he sued Joel, Conrad
against B for tort or statutory liability.
Civil Code if the contract is enforceable under the Statute of and Ernie for rescission of the contract of lease and for
Under Article 1654 (2, of the) New Civil Code, the Lessor is damages.
Frauds. The contract was taken out of the operation of the
obliged to make all the necessary repairs in order to keep the
Statute of Frauds under the Doctrine of Part Performance. a) Will the action prosper? If so, against whom?
leased property suitable for the use to which it has been
Under Article 1357 of the Civil Code, the contracting parties Explain. (2%)
devoted. Consequently, under Article 1659 NCC, the
may compel each other to observe the form of contract b) In case of rescission, discuss the rights and
proprietor of a building or structure is responsible for the
required by law. obligations of the parties. (2%)
damages resulting from its total or partial collapse, if it is due
(B) No, it does not constitute a ground for terminating the to the lack of necessary repairs.

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sublessor, the moment the sublessor is duly ousted from the liable for damages that Shasha suffered? (2.5%)
(A) Yes, the action of for rescission of the contract of lease and
for damages will prosper. Under Article 1659 of the Civil premises, the sublessee has no leg to stand on. The sublessee's (b) Assuming that one is an agent of the other, is the
Code, "if the lessor or the lessee should not comply with the right, if any, is to demand reparation for damages from his agency coupled with interest? (2.5%)
obligations set forth in Articles 1654 and 1657, the aggrieved sublessor, should the latter be at fault. (Heirs of Sevilla v.
party may ask for rescission of the contract and Court of Appeals G.R. No. 49823, February 26, 1992). (A) Only SAL should be held liable for damages.
indemni cation for damages, or only the latter, allowing the This case has the same factual milieu with that of China
contract to remain in force." Article 1649 of the same Code Airlines v. Daniel Chiok (G.R. No. 152122, July 30, 2003),
provides that "the lessee cannot assign the lease without the Agency where the court cited British Airways v. Court of Appeals
consent of the lessor, unless there is a stipulation to the (G.R. No. 121824 January 29, 1998), ruling that as the
contrary." Consent is necessary because assignment would (2018) XVIII. Shasha purchased an airline ticket from Sea principal in the contract of carriage, the petitioner was held
cause novation by the substitution of one of the parties. Airlines (SAL) covering Manila-Bangkok- Hanoi-Manila. The liable even when the breach of contract had occurred, not on
(Bangayan v. Court of Appeals, G.R. No. 123581, August 29, ticket was exclusively endorsable to Siam Airlines (SMA). The its own ight, but on that of another airline. It also cited
1997) However, the rule is di erent in the case of subleasing. contract of air transportation was between Shasha and SAL, Lufthansa German Airlines v. Court of Appeals (G.R. No.
When there is no express prohibition in the Contract of Lease, with the latter endorsing to SMA the Hanoi-Manila segment 83612, November 24, 1994), in which the Court held that the
the lessee may sublet the thing leased. (Art. 1650, Civil Code) of the journey. All her ights were con rmed by SAL before obligation of the ticket-issuing airline remained and did not
she left Manila. Shasha took the ight from Manila to cease, regardless of the fact that another airline had undertaken
In the given case, when Joel assigned the lease to Ernie, the
Bangkok on board SAL using the ticket. When she arrived in to carry the passengers to one of their destinations.
same was done without the consent of Victor. The assignment
Bangkok, she went to the SAL ticket counter and con rmed
is void. However, there is no indication that in the written In this case, since the contract of air transportation is between
her return trip from Hanoi to Manila on board SMA Flight
contract of lease between Victor and Joel, that subleasing the Shasha and SAL, the latter as principal remains liable as the
No. SA 888. On the date of her return trip, she checked in for
premises is prohibited. Hence, the sublease of Joel with principal despite the fact that the breach occurred in SMA.
SMA Flight No. SA 888, boarded the plane, and before she
Conrad is valid. In view of the foregoing, Victor can le the SMA cannot be held liable in this case, because the court has
could even settle in on her assigned seat, she was o -loaded
case of rescission and damages only against Joel and Ernie but no jurisdiction over it. It is imperative and in accordance with
and treated rudely by the crew. She lost her luggage and missed
he cannot include Conrad. due process and fair play that SMA should have been
an important business meeting. She thereafter led a
(B) Rescission of the lease necessarily requires the return of impleaded as a party in the present proceedings before this
complaint solely against SAL and argued that it was solidarily
the thing to the lessor. Hence, the judgment granting Court can make a nal ruling on this matter.
liable with SMA for the damages she su ered since the latter
rescission of the contract should also order the lessee to vacate was only an agent of the former. (B) Yes, the agency was constituted as a means of ful lling an
and return the leased premises to the lessor. However, since obligation which had already been contracted and also a
(a) Should either, or both, SAL and SMA be held
the sublessee can invoke no right superior to that of his bilateral contract depends upon the agency [Article 1927,

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Civil Code]. In the case of Philex Mining v. CIR, (G.R. No. Hence, it is not revocable at will. (Article 1927) Loans
148187, April 16, 2008) the Court de ned an agency coupled
with an interest as one that cannot be revoked or withdrawn Deposit
(2014) XXX. Joe Miguel, a well-known treasure hunter in
by the principal due to an interest of a third party that Mindanao, executed a Special Power of Attorney (SPA) Guaranty and Suretyship
depends upon it, or the mutual interest of both principal and appointing his nephew, John Paul, as his attorney-in-fact. John
agent. Paul was given the power to deal with treasure-hunting Mortgage
Here, since the ticket is exclusively endorsable to the agent, activities on Joe Miguel’s land and to le charges against those
Chattel Mortgage
SAM, then it has a mutual interest with the principal, SAL, in who may enter it without the latter’s authority. Joe Miguel
the ful llment of the obligation. agreed to give John Paul forty percent (40%) of the treasure Real Estate Mortgage
that may be found on the land.
Pledge
(2015) XVIII. A lawyer was given an authority by means of a Thereafter, John Paul led a case for damages and injunction
Special Power of Attorney by his client to sell a parcel of land against Lilo for illegally entering Joe Miguel’s land. Antichresis
for the amount of P3 Million. Since the client owed the lawyer Subsequently, he hired the legal services of Atty. Audrey
P1 Million in attorney's fees in a prior case he handled, the agreeing to give the latter thirty percent (30%) of Joe Miguel’s Loans
client agreed that if the property is sold, the lawyer was entitled share in whatever treasure that may be found in the land.
to get 5% agent's fee plus P1 Million as payment for his unpaid (2022) I.10. Laica and Jessica, who are best friends, are both
Dissatis ed however with the strategies implemented by John
attorney's fees. The client, however, subsequently found a Paul, Joe Miguel unilaterally revoked the SPA granted to John engaged in moneylending at predatory interest rates. Running
buyer of his own who was willing to buy the property for a Paul. out of funds, Laica borrows Php 2,000,000.00 from Jessica for
higher amount. two months at a monthly interest rate of 10%. Jessica releases
Is the revocation proper? (4%)
Can the client unilaterally rescind the authority he gave the borrowed amount after Laica signs a promissory note.
in favor of his lawyer? Why or why not? (4%) Laica then relends to Monica the borrowed amount of Php
Yes, the revocation is proper. Article 1920 provides that the
2,000,000.00 for two months, at an interest rate of 30%. After
principal may expressly or impliedly revoke the agency at will,
No, the agency in the case presented is one which is coupled two months, Laica fails to pay Jessica, prompting Jessica to le
and compel the agent to return the document evidencing the
with an interest. As a rule, agency is revocable at will except if a collection suit against the former, for the Php 2,000,000.00
agency. Joe Miguel may however be held liable for damages if
it was established for the common bene t of the agent and the principal and 10% interest per month pursuant to their
he abused his right in revoking the agency.
principal. In this case, the interest of the lawyer is not merely agreement. Laica counters that the monthly interest rate of
limited to his commission for the sale of the property but 10% is exorbitant and should be reduced to the legal rate of
extends to his right to collect his unpaid professional fees. Credit Transactions interest at 6% per annum.

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Which between the positions of Laica and Jessica is argued that Josef should only be entitled to P50 million. forbearance of money. (2.5%)
tenable? Explain briefly. Who owns the interest earned? (3%) Consider the issuance of BSP-MB Circular No. 799, which
became e ective on July 1, 2013.
Laica is correct and the interest rate should be reduced to the The interest earned belongs to Josef because bank interest
legal rate of 6% per annum as the 10% monthly interest rate is partakes of the nature of civil fruits under Article 442 of the (A) When the obligation is breached and it consists in the
unconscionable. Civil Code and shall belong to the owner of the principal payment of a sum of money like a loan or forbearance of
thing. money, in the absence of stipulation, the rate of interest shall
The Supreme Court has ruled that the imposition of an
unconscionable interest rate is void ab initio for being be the legal rate of 6% per annum (Article 2209 of the Civil
When the National Housing Authority deposited the P50
"contrary to morals, and the law." In Bulatao v. Estonactoc Million as payment for the just compensation with an Code), which was increased to 12% per NB Circular No. 905
(G.R. No. 235020. December 10, 2019) the Court considered authorized depositary bank for the purpose of obtaining a writ (Series of 1982), to be computed from default. The twelve
a monthly interest rate of 5% to be unconscionable and of possession, it is deemed to be a constructive delivery of the percent 12% per annum legal interest shall apply only until
therefore void. said amount to Josef. Since Josef is entitled to the P50 Million June 30, 2013. From July 1, 2013, the new rate of six percent
and indisputably the owner of the said principal amount, the (6%) per annum shall be the prevailing rate of interest when
Here, the 10% monthly interest rate is void for being applicable (Nacar V. Gallery. Frames, G.R. No. 189871,
unconscionable. Following jurisprudence, it should therefore interest yield, as accession, in a bank deposit should likewise
August 13, 2013, 703 SCRA 439, applying BSP -MB Circular
be reduced to the legal rate of 6% per annum. pertain to the owner of the money deposited. Being an
No. 799).
attribute of ownership (jus fruendi), Josef’s right over the
Thus, Laica's position to reduce the interest rate is correct. fruits, that is the bank interests, must be respected. [Basis: (B) The interest on the amount of damages awarded may be
Republic v. Holy Trinity Realty Development Corp., G.R. imposed at the discretion of the court at the rate of 6% per
(2017) III. Josef owns a piece of land in Pampanga. The No. 172410, April 14, 2008] annum. No interest, however, shall be adjudged on
National Housing Authority (NHA) sought to expropriate unliquidated claims or damages, except when or until the
the property for its socialized housing project. The trial court (2016) II. With regard to an award of interest in the concept demand can be established with reasonable certainty.
xed the just compensation for the property at P50 million. of actual and compensatory damages, please state the Accordingly, where the demand is established with reasonable
The NHA immediately deposited the same at the authorized guidelines regarding the manner of computing legal interest in certainty, the interest shall begin to run from the time the
depository bank and led a motion for the issuance of a writ of the following situations: claim is made judicially or extra-judicially, but when such
possession with the trial court. Unfortunately, there was delay certainty cannot be so reasonably established at the time the
a. when the obligation is breached and it consists in
in the resolution of the motion. Meanwhile, the amount demand is made, the interest shall begin to run only from the
deposited earned interest. the payment of a sum of money like a loan or
date the judgment of the court is made (at which time the
forbearance of money; (2.5%)
When Josef sought the release of the amount deposited, NHA quanti cation of damages may be deemed to have been
b. when the obligation does not constitute a loan or

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reasonably ascertained). The actual base for the computation car was carnapped. (4%)
(A) A contract of simple loan is created when a depositor
of legal interest shall, in any case, be on the amount nally opens a deposit account with a bank. Fixed, savings and (A) What contract, if any, was perfected between
adjudged (Nacar v. Gallery Frames, G.R. No. 189871, August current deposits of money in banks and similar institutions Cris and the Hotel when Cris surrendered the key
13, 2013, 703 SCRA 439). shall be governed by the provisions concerning simple loan of his car to the Hotel’s parking attendant?
(Article 1980, Civil Code]. The creditor is the depositor, while (B) What is the liability, if any, of the Hotel for the
the debtor is the bank. loss of Cris’ car?
Deposit
(B) No, the bank did not have the right to take over Saachi’s
bank deposit. In the case of Metropolitan Bank & Trust Co. v. (A) A contract of deposit was perfected between Cris and the
(2018) XII. Saachi opened a savings bank account with Hotel when Cris surrendered the key of his car to the Hotel’s
Rosales (G.R. No. 183204, January 13, 2014), it was held that
Shanghainese Bank. He made an initial deposit of parking attendant. In Triple-V Food Services v. Filipino
the "Hold Out" clause, which was similar to the Holdout
PhP100,000. Part of the bank opening forms that he was Merchants Insurance Company (G.R. No. 160544, February
Agreement in the instant case, can be invoked only if there was
required to sign when he opened the account was a Holdout 21, 2005), it was ruled that when a car is entrusted to a valet
a valid and existing obligation arising from any of the sources
Agreement which provided that, should he incur any liability attendant there is a contract of deposit. Article 1962 of the
of obligation enumerated in Article 1157 of the Civil Code, to
or obligation to the bank, the bank shall have the right to Civil Code provides that a deposit is constituted from the
wit: law, contracts, quasi-contracts, delict, and quasi- delict.
immediately and automatically take over his savings account moment a person receives a thing belonging to another, with
The only possible source of obligation of Saachi to
deposit. After he opened his deposit account, the the obligation of safely keeping it and of returning the same
Shanghainese Bank based on the given facts is delict. As the
Shanghainese Bank discovered a scam wherein the funds in the (Durban Apartments v. Pioneer Insurance, G.R. No. 179419.
criminal case led by the bank against Saachi was still pending
account of another depositor in the bank was withdrawn by March 30, 2011). Furthermore, Article 1998 of the Civil Code
and no nal judgment of conviction has been rendered, Saachi
an impostor. Shanghainese Bank suspected Saachi to be. the provides that the deposit of e ects made by travelers in hotels
had no valid and existing obligation to the bank; thus, the
impostor, and led a criminal case of estafa against him. While or inns shall be regarded as necessary, and that the keepers of
bank had no right to take over the deposits of Saachi.
the case was still pending with the Prosecutor's o ce, the bank hotels and inns are responsible for the e ects deposited as
took over Saachi's savings deposit on the basis of the Holdout depositaries subject to their being noti ed of the e ects being
Agreement. (2014) VII. Due to the continuous heavy rainfall, the major
brought in by the travelers and the taking by the travelers of
streets in Manila became ooded. This compelled Cris to
(a) What kind of contract is created when a such precautions which the hotel or inn-keepers or their
check-in at Square One Hotel. As soon as Cris got o from his
depositor opens a deposit account with a bank? substitutes advised relative to the care and vigilance of such
Toyota Altis, the Hotel’s parking attendant got the key of his
(2.5%) e ects. Article 1999 of the Civil Code also provides for the
car and gave him a valet parking customer’s claim stub. The
(b) In this case, did the bank have the right to take liability of the hotel-keeper for vehicles introduced or placed in
attendant parked his car at the basement of the hotel. Early in
over Saachi's bank deposit? (2.5%) the annexes of the hotel, which in this case is the basement of
the morning, Cris was informed by the hotel manager that his
the hotel.

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(B) The Hotel was constituted as a depositary in this case. Explain. (2%) before the lapse of one year. The parties are mutually bound
Thus, it has the obligation to safely keep the car which is c) Does Pedro have the right to retrieve the van even by the terms of the contract. Under the Civil Code, there are
expected by Cris to be returned to him. With the loss of the before the lapse of one year? Explain. (2%) only 3 instances when the bailor could validly ask for the
car, the Hotel is liable for the cost of the car as actual damages. d) Who shall bear the expenses for the accidental return of the thing loaned even before the expiration of the
damage caused by the cargo truck, granting that period. These are when: (1) a precarium contract was entered
Art. 2001 of the Civil Code provides that the act of a thief or the truck driver and truck owner are insolvent? (Article 1947); (2) if the bailor urgently needs the thing
robber, who has entered the hotel is not deemed force Explain. (2%) (Article 1946); and (3) if the bailee commits acts of ingratitude
majeure, unless it is done with the use of arms or through an (Article 1948). Not one of the situations is present in this case.
irresistible force. In this case, there is no indication that the
(A) Tito must bear the P15,000.00 expenses for the van. The fact that Tito had leased the thing loaned to Annabelle
carnapping was done with the use of arms or through Generally, extraordinary expenses for the preservation of the
irresistible force; hence, the hotel cannot claim that it is not would not justify the demand for the return of the thing
thing loaned are paid by the bailor, he being the owner of the loaned before expiration of the period. Under Article 1942 of
liable for the loss of Cris’ car.
thing loaned. In this case however, Tito should bear the the Civil Code, leasing of the thing loaned to a third person
expenses because he incurred the expenses without rst not member of the household of the bailee, will only entitle
(2005) XI. Before he left for Riyadh to work as a mechanic, informing Pedro about it. Neither was the repair shown to be bailor to hold bailee liable for the loss of the thing loaned.
Pedro left his Adventure van with Tito, with the urgent. Under Article 1949 of the Civil Code, bailor generally
understanding that the latter could use it for one year for his bears the extraordinary expenses for the preservation of the (D) Generally, extraordinary expenses arising on the occasion
personal or family use while Pedro works in Riyadh. He did of the actual use of the thing loaned by the bailee, even if
thing and should refund the said expenses if made by the
not tell Tito that the brakes of the van were faulty. Tito had incurred without fault of the bailee, shall be shouldered
bailee; Provided, The bailee brings the same to the attention of
the van tuned up and the brakes repaired. He spent a total the bailor before incurring them, except only if the repair is equally by the bailor and the bailee. (Art. 1949 of the Civil
amount of P15,000.00. After using the vehicle for two weeks, urgent that reply cannot be awaited. Code). However, if Pedro had an urgent need for the vehicle,
Tito discovered that it consumed too much fuel. To make up Tito would be in delay for failure to immediately return the
(B) Tito must also pay for the ordinary expenses for the use same, then Tito would be held liable for the extraordinary
for the expenses, he leased it to Annabelle. Two months later,
and preservation of the thing loaned. He must pay for the expenses.
Pedro returned to the Philippines and asked Tito to return the
gasoline, oil, greasing and spraying. He cannot ask for
van. Unfortunately, while being driven by Tito, the van was
reimbursement because he has the obligation to return the
accidentally damaged by a cargo truck without his fault. Guaranty and Suretyship
identical thing to the bailor. Under Article 1941 of the Civil
a) Who shall bear the P15,000.00 spent for the Code, the bailee is obliged to pay for the ordinary expenses for
repair of the van? Explain. (2%) the use and preservation of the thing loaned. (2019) B.16. C Corp. entered into a contract with D, Inc. for
b) Who shall bear the costs for the van’s fuel, oil the construction of the latter's production warehouse. In
(C) No, Pedro does not have the right to retrieve the van consideration thereof, D, Inc. was obliged to pay C Corp. the
and other materials while it was with Tito?

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amount of P80,000,000.00 within a period of one (1) month by the creditor without the consent of the guarantor the BIR, SSC sought indemnity from Sebastian on the basis of
from the time of the project's completion. To secure the extinguishes the guaranty. Here, the parties entered into a the Indemnity Agreement. Sebastian refused to pay since SSC
payment of the said sum, D, Inc. entered into a surety surety agreement; thus, the extension granted without the had not paid the BIR anything yet, and alleged that the
agreement with S Company. consent of S Company extinguished the suretyship [Autocorp provision in the Indemnity Agreement which allowed SSC to
Group vs. Intra Strata Assurance Corporation, G.R. No. recover from him, by mere demand, even if it (SSC) had not
After more than a month from the completion date of the
project, C Corp. remained unpaid. Claiming that it was 166662, June 27, 2008; 556 SCRA 250]. yet paid the creditor, was void for being contrary to law and
su ering from serious nancial reverses, D, Inc. asked C Corp. public policy.
(B) No, the defense will not prosper. Art. 2047 provides that
for an extension of three (3) months to pay the if a person binds himself solidarily with the principal debtor, Can Sebastian legally refuse to pay SSC? (2.5%)
P50,000,000.00 it still owed, to which C Corp. agreed. the provisions of Section 4, Chapter 3, Title I of this Book
However, after more than three (3) months, D, Inc. still shall be observed and in such case the contract is called a No, Sebastian cannot legally refuse to pay. A stipulation in an
refused to pay. Hence, C Corp. proceeded to collect the above suretyship. Under Article 2059, the excussion shall not take indemnity agreement providing that the indemnitor shall pay
sum from the surety, S Company. place if he (the guarantor) has bound himself solidarily with the surety as soon as the latter becomes liable to make payment
the debtor, S Company, therefore, cannot refuse the claim on to the creditor under the terms of the bond, regardless of
For its part, S Company refused the claim and raised the
defense that the extension of time granted by C Corp. to D, the ground that C Corp. has yet to exhaust D, Inc.’s property whether the surety has made payment actually or not, is valid
to satisfy the claim before proceeding against it. and enforceable; in accordance therewith, the surety may
Inc. without its consent released it from liability.
demand from the indemnitor even before the creditor has paid
(a) Will the defense of S Company against the claim
(2018) XIX. Sebastian, who has a pending assessment from [Security Bank and Trust Co., Inc. v. Globe Assurance Co.,
hold water? Explain. (3%)
the Bureau of Internal Revenue (BIR), was required to post a Inc., (58 OG 3708, 1962)]. Under the terms of the contract,
(b) Assuming that S Company instead refused the
bond. He entered into an agreement with Solid Surety Sebastian’s obligation to indemnify became due and
claim on the ground that C Corp. has yet to demandable from the moment he has incurred liability and
Company (SSC) for SSC to issue a bond in favor of the BIR to
exhaust D, Inc.'s property to satisfy the claim not from the moment of payment.
secure payment of his taxes, if found to be due. In
before proceeding against it, will this defense
consideration of the issuance of the bond, he executed an
prosper? Explain. (2%)
Indemnity Agreement with SSC whereby he agreed to (2017) XV. Kevin signed a loan agreement with ABC Bank.
indemnify the latter in the event that he was found liable to To secure payment, Kevin requested his girlfriend Rosella to
(A) Yes, the defense holds. The Court has held that the
pay the tax. The BIR eventually decided against Sebastian, and execute a document entitled "Continuing Guaranty
provisions of the Civil Code on Guarantee, other than the
judicially commenced action against both Sebastian and SSC Agreement" whereby she expressly agreed to be solidarily liable
bene t of excussion, are applicable and available to the surety.
to recover Sebastian's unpaid taxes. Simultaneously, BIR also for the obligation of Kevin.
One of the provisions of the Civil Code on Guarantee is Art.
initiated action to foreclose on the bond. Even before paying
2079 which provides that an extension granted to the debtor Can ABC Bank proceed directly against Rosella upon

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Kevin's default even without proceeding against Kevin Chattel Mortgage incurred on the foreclosure of a chattel mortgage (PAMECA
first? Explain your answer. (3%) Wood Treatment v. CA, G.R. No. 106435, 14 July 1999).
(2008) XVII. On January 1, 2008, Al obtained a loan of
Yes, ABC Bank may proceed directly against Rosella upon P10,000 from Bob to be paid on January 30,2008, secured by Real Estate Mortgage
Kevin’s default even without proceeding against Kevin rst a chattel mortgage on a Toyota motor car. On February 1,
because Rosella is a surety after she bound herself solidarily 2008, Al obtained another loan of P10,000 from Bob to be (2022) II.11. Ely borrows Php 2,000,000.00 from Mia and
with the principal debtor. paid on February 15, 2008. he secured this by executing a mortgages a parcel of land to secure the loan. The mortgage
chattel mortgage on a Honda motorcycle. On the due date of provides for a 5% monthly interest, a ve-year maturity period,
Notwithstanding the use of the word “guaranty”
circumstances may be shown which convert the contract into the rst loan Al failed to pay. Bob foreclosed the chattel a default provision in case of non-payment of interest or
one of suretyship. Under the Civil Code, when the guarantor mortgage but the car was bidded for P6,000 only. Al also failed principal, and an extrajudicial foreclosure provision. On the
binds himself solidarily with the principal debtor, the contract to pay the second loan due on February 15, 2008. Bob led an fourth year, Ely fails to pay interest for three consecutive
action for collection of sum money. Al led a motion to months. After sending a demand letter, Mia declares Ely in
becomes one of suretyship and not of guaranty proper. In a
dismiss claiming that Bob should rst foreclose the mortgage default and extrajudicially forecloses the mortgage. Mia is the
contract of suretyship, the liability of the surety is direct,
on the Honda motorcycle before he can le the action for sum highest bidder in the foreclosure sale, and consolidates
primary and absolute. He is directly and equally bound with
of money. ownership upon the lapse of the redemption period.
the principal debtor. Such being the case, a creditor can go
directly against the surety although the principal debtor is Decide with reasons. (4%) Can Ely have the foreclosure annulled and recover the
solvent and is able to pay or no prior demand is made on the property? Explain briefly.
principal debtor. [Basis: Article 2047, Civil Code; Ong v. Bob has the legal right to le a collection suit for a sum of
PCIB, 448 SCRA 705; discussed in pp. 810-812, Vol. 2, money in lieu of foreclosing on the chattel mortgage. It has Yes, Ely can have the foreclosure annulled and recover the
Rabuya’s Civil Law Reviewer] been ruled that a c chattel mortgage is a security arrangement property as there was no special power to sell the property.
In this case, since Rosella is a surety, ABC Bank can go directly to support a primary contract (Serra v. Rodriguez, G.R. no.
Sps. Baysa v. Sps. Plantilla, G.R. No. 159271, July 13, 2015,
against her even without proceeding against the principal L-25546, 22 April 1974). Since the chattel mortgage is only a
ruled that to enable the extrajudicial foreclosure of the REM,
debtor because the surety insures the debt, regardless of collateral contract prerogative to choose which of the remedies
the special power to sell should have been either inserted in the
whether or not the principal debtor is nancially capable to available to pursue. However, the ling of the collection suit
REM itself or embodied in a separate instrument attached to
ful ll his obligation. constitutes a waiver of the chattel mortgage (Land Settlement
the REM. Act No. 3135 is explicit and de nite about the
and Dev. Corp. v. Carlos, 22 SCRA 202, 1968). And even if
special power to sell the property being required to be either
the collection suit included the recovery of the P6,000
inserted in or attached to the deed of mortgage.
Mortgage de ciency on the rst loan, the same is valid because unlike in
a pledge the lender has the legal right to recover the de ciency Here, no special power to sell was either inserted in the REM

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or attached to the REM. Hence, Mia could not initiate the the Civil Code, or the Recto Law, only applies if the seller foreclosed the mortgage and was declared the highest bidder.
extrajudicial foreclosure, but must resort to judicial chooses to foreclose the chattel mortgage and not when the Title was later registered in the name of the bank. When Ellen
foreclosure pursuant to the procedure set forth in Rule 68 of seller opts to exact the ful lment of the obligation (Tajanlangit was noti ed that she should vacate the premises, she led a
the Rules of Court. v. Southern Motors, G.R. 10789, May 28, 1957). SEP chose to complaint to nullify the loan with mortgage, the auction sale
exact the ful llment of the obligation by commencing a and the title of Mega Bank on the ground that the bank is not
Thus, Ely can have the foreclosure nulli ed and recover the
collection suit against SI. SEP did not opt to foreclose the a mortgagee in good faith.
property.
chattel mortgage over the equipment. The machineries were
Decide the case with reasons. (5%)
sold in an execution sale and not in a foreclosure sale; hence,
(2018) XIII. Sonny Inc., (SI) purchased several heavy
the prohibition against further collection does not apply.
machineries from Single Equipment Philippines, Inc. (SEP) I will decide in favor of Ellen. Banks, their business being
for PhP 10 million, payable in 36 monthly installments. A (B) Yes, SEP can commence extrajudicial proceedings to impressed with public interest, are expected to exercise more
chattel mortgage was constituted on the same machineries as foreclose the mortgage. SEP may choose to foreclose the care and prudence than private individuals in their dealings,
security for the amount. As additional security, the President mortgage on Stan’s house and lot. What SEP is prohibited to even those involving registered lands. The highest degree of
of SI, Stan Smith, mortgaged his personal house and lot. SI do, based on the case of Cruz v. Filipinas Investment & diligence is expected, and high standards of integrity and
failed to pay the 16th and succeeding monthly installments. Finance Corporation (G.R. No. L-24772, May 27, 1968), is to performance are even required of it.
SEP then commenced a collection suit against SI, and in the extrajudicially foreclose the mortgage after it has extrajudicially
A mortgagee – usually, can rely on what appears on the
course of the proceedings, a writ of attachment was issued foreclosed the chattel mortgage on the machineries sold on
certi cate of title presented by the mortgagor and an innocent
against SI’s properties, including the mortgaged machineries. installment, because if such is allowed, the protection given by
mortgagee is not expected to conduct an exhaustive
The attached properties were subsequently sold at public Article 1484 would be indirectly subverted, and public policy
investigation on the history of the mortgagor’s title. This rule
action, but the proceeds thereof were insu cient to satisfy the overturned. In this case, SEP has not foreclosed the chattel
is, however, strictly applied against banking institutions. Mega
judgment credit. mortgage over the machineries.
Bank cannot be considered a mortgagee in good faith as it
(a) Can SEP legally recover the deficiency? (2.5%) failed to inspect the disputed property when o ered to it as
(b) Instead of collecting the deficiency, can SEP (2016) XI. Ellen entrusted her title over the lot where she is security for the loan, which could have led it to discover the
commence extrajudicial proceedings to foreclose residing to Patrick, her nephew, for safekeeping because of her forged Special Power of Attorney.
poor eyesight. Patrick, a gambler, prepared a Special Power of
the mortgage on Stan’s house and lot in order to
recover the deficiency? (2.5%) Attorney empowering him to mortgage the lot. Ellen's
Mercantile (2012) VII. X obtained a loan for Php 50 Million
signature was forged. With the help of Julia who represented
from SSS Bank. The collateral is his vacation house in Baguio
herself as Ellen, Mega Bank granted a loan to Patrick secured
(A) Yes, SEP can legally recover the de ciency. The City under a real estate mortgage. X needed more funds for his
by a mortgage on Ellen's lot. Due to non-payment, Mega Bank
prohibition against further collection under Article 1484 of business so he again borrowed another Php 10 Million, this

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time from BBB Bank, another bank, using the same collateral. original Deed of Real Estate Mortgage for the Php 10 Million
(B) In case of a de ciency, SSS bank could le suit to claim for
The loan secured from SSS Bank fell due and X defaulted. the de ciency. BBB Bank could le an ordinary action to was duly registered. The Deed of Real Estate Mortgage also
provides that "The mortgagor also agrees that this mortgage
a. If SSS Bank forecloses the real estate mortgage, collect its loan from X. if it does so, it would be deemed to
what rights, if any, are left with 888 Bank as have waived its mortgage lien. If the judgement in the action will secure the payment of additional loans or credit
accommodations that may be granted by the mortgagee ... "
mortgagee also? (2%) to collect is favorable to BBB Bank, and it becomes nal and
Subsequently, because he needed more funds, he obtained
b. If the value of the Baguio property is less than executory , BBB Bank could enforce the said judgement by
the amount of loan, what would be the recourse execution. It could even levy execution execution on the same another Php 5 Million loan. On due dates of both loans, X
of SSS Bank? BBB Bank? (2%) mortgaged property, but it would not have priority over the failed to pay the Php 5 Million but fully paid the Php10
c. If the value of the property is more that the latter. (Caltex Philippines v. IAC, et al., G.R. No. 74730, Million. BBB Banking Corporation instituted extrajudicial
foreclosure proceedings.
amount of the loan, who will benefit from the August 25,1989)
excess value of the property? (2%) a. Will the extrajudicial foreclosure prosper
(C) If the value of the property is more that the amount of the
d. If X defaulted with its loan in favor of BBB considering that the additional Php 5 Million
loan, the excess could bene t and be claimed by BBB Bank,
Bank but fully paid his loan with SSS Bank, can was not covered by the registration? (5%)
any judicial or judgement creditor of X, any other junior
BBB Bank foreclose the real mortgage executed in mortgagee, and X. b. What is the meaning of a "dragnet clause" in a
its favor? (2%) Deed of Real Estate Mortgage? Under what
e. Does X have any legal remedy after the (D) If X defaulted in respect of his loan from BBB Bank but circumstances will the "dragnet clause" be
foreclosure in the event that later on he has the fully paid his loan from SSS Bank, BBB Bank could now applicable? (5%)
money to pay for the loan? (1%) foreclose the mortgaged property as it would be the only
f. If SSS Bank and BBB Bank abandon their rights remaining mortgagee of the same.
(A) Yes. X executed a real estate mortgage containing a
under the real estate mortgage, is there any legal (E) Yes, X could redeem the property within one (1) year from “blanket mortgage clause.” Mortgages given to secure future
recourse available to them? (1%) the date of registration of the sheri ’s certi cate of foreclosure advancements are valid and legal contracts, and the amounts
sale. named as consideration in said contracts do not limit the
(A) BBB Bank, as junior mortgagee, would have a right to (F) SSS Bank and BBB Bank could each le an ordinary action
amount for which the mortgage may stand as security if from
redeem the foreclosed property, together with X, his successors to collect its loan from X. the four corners of the instrument the intent to secure future
in interest, any judicial or judgement creditor of X, or any and other indebtedness can be gathered. (Prudential Bank v.
other person or entity having a lien on the vacation house Alviar, G.R. No. 150197, 28 July 2005)
Mercantile (2012) VIII. X obtained a Php 10 Million loan
subsequent to the real estate mortgage in favour of SSS Bank
from BBB Banking Corporation. The loan is secured by Real (B) Generally, a dragnet clause is a clause in a deed of real
(i.e., other junior mortgagees, if any)(Sec. 6, Act 3135)
Estate Mortgage on his vacation house in Tagaytay City. The estate mortgage stating that the mortgage secures all the loans

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and advances that the mortgagor may at any time owe to the amount of P100 million, evidenced by several promissory
(C) If the bank forecloses the pledge, it cannot recover the
mortgagee. The word “dragnet” is a reference to a net drawn notes, and secured by a continuing guaranty of its principal de ciency because the foreclosure extinguishes the principal
through a river or across ground to trap sh or game. It is also stockholder Menandro at P45 million; and a real estate obligation, whether or not the proceeds from the foreclosure
known in American jurisprudence as a “blanket mortgage mortgage over certain parcels of land owned by Marquez. are equal to the amount of the principal obligation (Art. 2115,
clause” or an “anaconda clause.” A mortgage with a dragnet
The corporation defaulted and the bank extra-judicially Civil Code)
clause enables the parties to provide continuous dealings, the foreclosed on the real estate mortgage. The bank, which was
nature or extent of which may not be known or anticipated at
the sole bidder for P75 million, won the award. Mercantile (2009) III. Armando, a resident of Manila,
the time, and they avoid the expense and inconvenience of
a. Can the bank sue Marquez for the deficiency of borrowed P3-million from Bernardo, o ering as security his
executing a new security on each new transaction. It operates
P25 million? Explain. (2%) 500 shares of stock worth P1.5-million in Xerxes Corporation,
as a convenience and accommodation to the borrower as it
b. If the bank opts to file an action for collection and his 2007 BMW sedan, valued at P2-million. The mortgage
makes available additional funds to him without his having to
against the corporation, can it afterwards on the shares of stock was registered in the O ce of the
execute additional security documents, thereby saving time,
institute a real action to foreclose the mortgage? Register of Deeds of Makati City where Xerxes Corporation
travel, cost of extra legal services, recording fees, etc.
Explain. (2%) has its principal o ce. The mortgage on the car was registered
(Prudential Bank v. Alviar, id.) The “dragnet clause” may not
c. Can the bank foreclose on the pledged shares of in the O ce of the Register of Deeds of Manila. Armando
apply to other loans extended by the mortgagee to the
Marquez and recover the deficiency from the executed a single A davit of Good Faith, covering both
mortgagor for which other securities were given. In the case of
corporation? Explain. (2%) mortgages.
Prudential Bank v. Alviar, the Supreme Court adopted the
“reliance on the security test” to the e ect that “when the Armando defaulted on the payment of his obligation; thus,
mortgagor takes another loan [from the mortgage] for which (A) Yes, the bank can sue Marquez for the de ciency of P25 Bernardo foreclosed on the two chattel mortgages. Armando
another security was given, it could not be inferred that such million. In extrajudicial foreclosure of a real estate mortgage, If led suit to nullify the foreclosure and the mortgages, raising
loan was made in reliance solely on the original security with the proceeds of the sale are insu cient to pay the debt, the the following issues:
the “dragnet clause,” but, rather, on the new security given.” mortgagee has the right to sue for the de ciency (Suico Rattan
a. The execution of only one Affidavit of Good
This means that the existence of the new security must be and Burl Interiors, Inc. v. Court of Appeals, 490 SCRA 560
Faith for both mortgages invalidated the two
respected and the foreclosure of the old security should only [2006]).
mortgages; (2%) and
be for the other loans not separately collateralized and for any (B) No, the bank can no longer le an action to foreclose the b. The mortgage on the shares of stocks should have
amount not covered by the new security for the new loan. real estate mortgage. When it led a collection case, it was been registered in the Office of the Register of
deemed to have abandoned the real estate mortgage (Bank of Deeds of Manila where he resides, as well as in
Mercantile (2010) III. Ozamis Paper Corporation secured America, NT and SA 1. American Realty Corporation, 321 the stock and transfer book of Xerxes
loans from ABC Universal Bank in the aggregate principal SCRA 659/1999]). Corporation. (3%)

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(2015) XVI. Donna pledged a set of diamond ring and

Rule on the foregoing issues with reasons. (C) Yes. Bernardo can recover the de ciency. Chattels are
given as mere security, and not as payment or pledge (CuH ada earrings to Jane for P200,000.00 She was made to sign an
c. Assume that Bernardo extrajudicially foreclosed agreement that if she cannot pay her debt within six months,
on the mortgages, and both the car and the shares v. Drilon, 432 SCRA 618 (2004)).
Jane could immediately appropriate the jewelry for herself.
of stock were sold at public auction. If the After six months, Donna failed to pay. Jane then displayed the
proceeds from such public sale should be (2005) XI. Ricardo mortgaged his shpond to AC Bank to
earrings and ring set in her jewelry shop located in a mall. A
P1-million short of Armando’s total obligation, secure a P1 Million loan. In a separate transaction, he opened a
buyer, Juana, bought the jewelry set for P300,000.00.
can Bernardo recover the deficiency? Why or why letter of credit with the same bank for $500,000.00 in favor of
not? (2%) HS Bank, a foreign bank, to purchase outboard motors. a) Was the agreement which Donna signed with
Likewise, Ricardo executed a Surety Agreement in favor of AC Jane valid? Explain with legal basis. (2%)
Bank. The outboard motors arrived and were delivered to b) Can Donna redeem the jewelry set from Juana by
(A) The execution of only one A davit of Good Faith for
Ricardo, but he was not able to pay the purchase price thereof. paying the amount she owed Jane to Juana?
both mortgages is not a ground to nullify the said mortgages
Explain with legal basis. (2%)
and the foreclosure thereof. Said mortgages are valid as a) Can AC Bank take possession of the outboard
c) Give an example of a pledge created by operation
between immediate parties (Lilius v. Manila Railroad motors? Why?
of law. (2%)
Company, 62 Phil. 56 (1935)), although they cannot bind b) Can AC Bank also foreclose the mortgage over the
third parties (Philippine Re ning v. Jarque, 61 Phil. 229 fishpond? Explain. (5%)
(1935)). a) Appropriate the jewelry upon default of Donna is
considered pactum commissorium and it is considered void by
(B) The mortgage on the shares of stock should be registered a) No, for AC Bank has no legal standing, much less a lien, on
law. (Article 2088)
in the chattel mortgage registry in the Register of Deeds of the outboard motors. Insofar as AC Bank is concerned, it has
Makati City where the corporation has its principal o ce and privity with the person of Ricardo under the Surety b) No, Donna cannot redeem it from Juana because the
also in the Register of Deeds of Manila where the mortgagor Agreement, and a lien on the shpond based on the real estate pledge contract is between her and Jane. Juana is not a party to
mortgage constituted therein. the pledge contract. (Article 1311, Civil Code)
resides (Chua Guan v. Samahang Magsasaka, Inc., 62 Phil. 472
(1935)). Registration of chattel mortgage in the stock and b) Yes, but only to enforce payment of the principal loan of c) One example of a pledge created by operation of law is the
transfer book is not required to make the chattel mortgage P1 million secured by the real estate mortgage on the right of the depositary to retain the thing deposited until the
valid. Registration of dealings in the stock and transfer book shpond. depositor shall have paid him whatever may be due to the
under Section 63 of the Corporation Code applies only to sale depositary by reason of the deposit. (1994) Another is the
or disposition of shares, and has no application to mortgages right of the agent to retain the thing which is the object of the
and other forms of encumbrances (Monserrat v. Ceron, 58 Pledge agency until the principal reimburses him the expenses
Phil. 469 (1933)). incurred in the execution of the agency. (Article 1914, Civil

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Code) herself the thing pledged. It must be foreclosed by selling it at a

(B) They are distinguished, as follows:
public auction in accordance with the procedure under Art
2112 of the New Civil Code. (1) As to subject matter: The subject matter of
(2009) XVII. Rosario obtained a loan of P100,000.00 from
commodatum is ordinarily non-consumable while the
Jennifer, and pledged her diamond ring. The contract signed
subject matter of mutuum is either money or consumable;
by the parties stipulated that if Rosario is unable to redeem the
ring on due date, she will execute a document in favor of Antichresis (2) As to compensation: Commodatum is essentially
Jennifer providing that the ring shall automatically be gratuitous while mutuum may be gratuitous or with a
considered full payment of the loan. (2017) IV. stipulation to pay interest;

a. Is the contract valid? Explain. (3%) (a) Distinguish antichresis from usufruct? (3%) (3) As to right in subject matter: In commodatum, there is
b. Will your answer to [a] be the same if the no transmission fo ownership of the thing loaned while in
(b) Distinguish commodatum from mutuum. (3%)
contract stipulates that upon failure of Rosario mutuum, the borrower acquires ownership of the thing
to redeem the ring on due date, Jennifer may borrowed.
(A) They are distinguished as follows:
immediately sell the ring and appropriate the (4) As to duty of borrower: In commodatum, the same
entire proceeds thereof for herself as full payment (1) Antichresis is always a contract while usufruct need
thing borrowed is required to be returned while in
of the loan? Reasons. (3%) not arise from a contract because it may also be
mutuum, the borrower discharges himself, not by
constituted by law or by other acts inter vivos, such as
returning the identical thing loaned, but by paying its
donation, or in a last will and testament, or by
(A) The contract is valid because Rosario has to execute a equivalent in kind, quality and quantity. [Discussed in pp.
prescription.
document in favor of Jennifer to transfer the ownership of the 725-726, Vol. 1, Rabuya’s Civil Law Reviewer]
pledged ring to the latter. The contract does not amount to (2) The subject matter of antichresis is always a real
pactum commissorium because it does not provide for the property while the subject matter of usufruct may either
automatic appropriation by the pledgee of the thing pledged be real property or personal property. Quasi-Contracts
in case of default by the pledgor. (3) Antichresis is an accessory contract or contract of
(B) No, my answer will be di erent. While the contract of security while usufruct is a real right.
(2012) VI.a. Siga-an granted a loan to Villanueva in the
pledge is valid, the stipulation authorizing the pledgee to (4) While in both, the fruits do not pertain to the owner, amount of P540,000.00. Such agreement was not reduced to
immediately sell the thing pledged is void under Art 2088 of the usufructuary is entitled to enjoy the fruits while the writing. Siga-an demanded interest which was paid by
the New Civil Code, which provides that “the creditor cannot antichretic creditor has the obligation to apply the fruits to Villanueva in cash and checks. The total amount Villanueva
appropriate the things given by way of pledge or mortgage, or the payment of the interest, if owing, and thereafter to the paid accumulated to P1,200,000.00. Upon advice of her
dispose of them xxx.” Jennifer cannot immediately sell by principal of the credit.

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lawyer, Villanueva demanded for the return of the excess Principles su ered as a result of her acts.
amount of P660,000.00 which was ignored by Siga-an. What is your advice? Explain briefly.
1) Is the payment of interest valid? Explain. (3%) Abuse of Rights
2) Is solutio indebiti applicable? Explain. (2%) I would advise the grandparents that there is legal basis to hold
(2022) I.1. Noel is the son of spouses Marie and Benedict. Marie liable for damages.
(1) No, Art. 1956, Civil Code, provides that “no interest shall Benedict has passed away. For Noel’s 7th birthday, his paternal
Article 19 of the Civil Code provides that every person in the
be due unless it has been expressly stipulated in writing.” grandparents o ered to organize and pay for his birthday
exercise of his rights and in the performance of his duties must
party. In coordination with Marie, the grandparents booked
(2) Yes, Solutio Indebiti is applicable because Villanueva act with justice, give everyone his due, and observe honesty
the party venue, signed the contracts with the caterer and the
Overpaid by P600,000.00 representing interest payment and good faith. When Article 19 is violated, an action for
entertainers, nalized the guest list, and paid all amounts due.
which is not due. He can, therefore, demand its return. damages is proper under Article 20 and 21 of the New Civil
Marie promised to them to bring Noel to the party.
Code. (Navarro-Banaria v. Banaria, G.R. No. 217806, July 28,
A week before the scheduled birthday party, Marie decided
2020)
that she would not bring Noel to the party, and that she would
Torts and Damages instead take him on an out-of-town trip on the day of the Here, Marie intentionally failed to bring Noel to the party
party. Marie could not forget that her parents-in-law initially prepared by the grandparents thus violating Article 19 of the
Principles
opposed Benedict’s marriage to her because she was a former Civil Code on the principle of abuse of right. Her failure to
Abuse of Rights burlesque dancer. observe good faith in the exercise of her right as the mother of
Noel caused loss and injury on the part of the grandparents,
Proximate Cause Marie did not notify the grandparents of her plan to skip the for which they must be compensated by way of damages
birthday party. During the party, the grandparents kept trying pursuant to Article 21 of the Civil Code.
Concept
to get in touch with her but she ignored all their calls. The In all, Marie is liable for the damages su ered by the
Doctrine of Last Clear Chance grandparents and the guests who went to the party were very grandparents as a result of her refusal to bring Noel to his
dismayed that Noel was not present. When the grandparents birthday celebration.
Vicarious Liability
asked Marie why she did not bring Noel to the party, she
Damages simply replied, “I am his mother, and I decide where he goes!”
(2021) 11. A bride declined to appear on her wedding day.
To which, Noel’s grandmother retorted, “Anak mo lang s’ya!
When Damages May be Recovered Instead, she sent a note to her prospective groom, saying that
Hindi mo s’ya pag-aari!”
she needed to be honest to herself by admitting that the
Damages in Case of Death The grandparents seek your advice on whether there is legal
institution of marriage was not for her. The bride wrote that
basis to hold Marie liable for the damages that they have

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she came to this conclusion after contemplating on the tweets

Here, none of the exceptions are present. It was the woman Concept
of the #LabGuru. She also wrote that to atone for her who spent for the wedding. The prospective groom is suing
non-appearance, she would post a glowing recommendation due to heartbreak and embarrassment which is not enough (2021) 6. A 100-year-old tree inside a university was uprooted
of the prospective groom as a partner on her Facebook, grounds to sue for damages. The suit will therefore not by strong winds caused by a super typhoon. This was despite
Twitter, Instagram, and TikTok accounts. prosper. the university's prior e orts to maintain the strength of the
tree's roots.
The couple had previously dated for almost eight years. The
(2012) I.a. Roberto was in Nikko Hotel when he bumped
whole time, the prospective groom had been loyal and caring.
into a friend who was then on her way to a wedding reception The tree was blown away until it hit a nearby fast-food
being held in said hotel. Roberto alleged that he was then restaurant where a Bar candidate was reviewing for the Bar
It was the bride who covered all the wedding expenses.
invited by his friend to join her at the wedding reception and Examinations. The Bar candidate, who was then the only
carried the basket full of fruits which she was bringing to the person dining inside the fast-food restaurant, su ered physical
Heartbroken and embarrassed, the prospective groom sued the
a air. At the reception, the wedding coordinator of the hotel injuries.
prospective bride for moral damages, alleging that she had
noticed him and asked him, allegedly in a loud voice, to leave
breached her promise to marry him.
as he was not in the guest list. He retorted that he had been The super typhoon was enabled by climate change.
Will the suit prosper? Explain briefly. invited to the a air by his friend, who however denied doing
Can the university be held liable for the physical
so. Deeply embarrassed by the incident, Roberto then sued the injuries suffered by the Bar candidate? Explain briefly.
No, the suit would not prosper as breach of promise to marry hotel for damages under Articles 19 and 21 of the Civil Code.
is not actionable under our jurisdiction.
Will Roberto’s action prosper? Explain. (5%) No. Article 2191 of the New Civil Code provides that
Hermosisima v. CA, as reiterated in Estopa v. Piansay, ruled proprietors shall be responsible by the falling of trees situated
that "mere breach of a promise to marry" is not an actionable No. Roberto’s action will not prosper. From the facts given in at or near highways or lanes, if not caused by force majeure.
wrong. The exceptions to this general rule are when the the problem, the wedding coordinator did not abuse her right
Here, despite e orts of the university to maintain the strength
plainti has spent for the wedding preparations only to be when she asked him to leave the wedding reception because he
of the tree's roots, it was still uprooted due to the super
stood up at the wedding ceremony (Wassmer v. Velez), or was not in the guest list. Hotel Nikko could not be held liable typhoon, a force majeure. Thus, the university may not be
where a man's promise to marry is in fact the proximate cause for damages as its liable spring from the liability of its held liable for the physical injuries su ered by the bar
of the acceptance of his love by a woman and his employee (Nikko Hotel Manila Garden v. Reyes, G.R. No. candidate as the proximate cause was due to force majeure.
representation to ful ll that promise thereafter becomes the 154259, Feb 28, 2005).
proximate cause of the giving of herself unto him in a sexual
congress (Gashem Shookat Baksh v. CA). (2018) IX. Newlyweds Sam and Sienna had contracted with
Proximate Cause

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Sangria Hotel for their wedding reception. The couple was so pre-existing contractual relation between the parties, it is the iguana, drawing the iguana to move toward him. N panicked
unhappy with the service, claiming, among other things, that parties themselves who make law between them. and ran but tripped on something and su ered a broken leg.
there was an unreasonable delay in the service of dinner and
Here, there is a contract, the terms and conditions of such Is anyone liable for N’s injuries? Explain. (4%)
that certain items promised were unavailable. The hotel claims contract will govern the rights and obligations between the
that, while there was a delay in the service of the meals, the contracting parties in case of breach thereof, not the doctrine No one is liable. The possessor of an animal or whoever may
same was occasioned by the sudden increase of guests to 450
of proximate cause. make use of the same is responsible for the damage which it
from the guaranteed expected number of 350, as stated in the
(B) Yes, it is a contract of adhesion, but the same is not void. may cause, although it may escape or be lost. This
Banquet and Meeting Services Contract. In the action for
responsibility shall cease only in case the damage should come
damages for breach of contract instituted by the couple, they A contract of adhesion is de ned as one in which one of the from force majeure or from the fault of the person who has
claimed that the Banquet and Meeting Services Contract was a parties imposes a ready-made form of contract, which the su ered damage (Art. 1183, New Civil Code)
contract of adhesion since they only provided the number of other party may accept or reject, but which the latter cannot
guests and chose the menu. On the other hand, the hotel's modify. Here, the contract is ready-made by Sangria, as the
defense was that the proximate cause of the complainant's spouses only chose the menu and provided the number of Doctrine of Last Clear Chance
injury was the unexpected increase in their guests, and this was guests but they cannot modify the terms thereof; hence, a
what set o the chain of events that resulted in the alleged contract of adhesion.
(2007) III. Explain the following concepts and doctrines and
inconveniences.
Although a contract of adhesion, it is not entirely against the give an example of each:
(a) Does the doctrine of proximate cause apply in law and is as binding as ordinary contracts, the reason being a. concept of trust de son tort(constructive trust)
this case? (2.5%) that the party who adheres to the contract is free to reject it (5%)
(b) Was the Banquet and Meeting Services Contract entirely, but the e ect, as ruled in Orient Air v. CA (G.R. No. b. doctrine of discovered peril (last clear chance)
a contract of adhesion? If yes, is the contract 76931, May 29, 1991), is that in case of ambiguity it is (5%)
void? (2.5%) construed against the party who caused it to be drafted and
could have avoided it by the exercise of a little more care.
(A) A constructive trust is a trust NOT created by any word or
(A) No, the doctrine does not apply. In the case of Spouses
phrase, either expressly or impliedly, evincing a direct
Guanio v. Makati Shangri-la Hotel (G.R. No. 190601, (2010) XIV. Primo owns a pet iguana which he keeps in a intention to create a trust, but is one that arises in order to
September 7, 2011), the doctrine of proximate cause, is man-made pond enclosed by a fence situated in his residential satisfy the demands of justice. It does not come about by
applicable only in actions for quasi-delicts, not in actions lot. A typhoon knocked down the fence of the pond and the agreement or intention but mainly operation of law and
involving breach of contract. The doctrine is a device for iguana crawled out of the gate of Primo’s residence. N, a construed as a trust against one who, by fraud, duress or abuse
imputing liability to a person where there is no relation neighbor who was passing by, started throwing stones at the of con dence, obtains or holds the legal right to property
between him and another party. Where, however, there is a

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which he ought not, in equity and good conscience, to hold the pony to the wrong side when he saw a car coming. The legally speaking, too remote to be the e cient and proximate
(Heirs of Lorenzo Yap v. CA, 371 Phil 523, 1991). The driver of the car did not stop or change direction, and nearly cause of the injurious consequences.
following are examples of constructive trust: 1. Art. 1456 hit the horse, and, the frightened animal jumped to its death.
Here, Kotse Corp. may not be held solidarily liable as it was
NCC which provides: "If property is acquired through The driver of the car is guilty of negligence because he had a not shown that its sponsorship was an e cient and proximate
mistake or fraud, the person obtaining it is, by force of law fair opportunity to avoid the accident and failed to avail cause of the death of Gio. The court thus incorrectly held
considered a trustee of an implied trust for the bene t of the himself of that opportunity. He is liable under the doctrine of
Kotse Corp. solidarily liable.
person for whom the property comes." 2. Art 1451 NCC last clear chance (Picart v. Smith, 37 Phil. 809, 1918).
which provides: "When land passes by succession through any
(2021) 5. A 12-year-old seventh grade student living in the
person and he causes the legal title to be put in the name of
company of their parents brought a gun owned by the father
another, a trust is established by implication of law for the Vicarious Liability
to school. With it, the student shot a classmate who had been a
bene t of the true owner." 3. Art 1454 NCC which provides:
bully. The student missed, sparing the bully.
"If an absolute conveyance of property is made in order to (2022) I.12. Gio, single, joined a marathon organized by
secure the performance of an obligation of the grantor toward Takbo Co. For lack of alternative routes, the marathon course
The bully's parents, incensed by the event, sued the parents of
the grantee, a trust by virtue of law is established. If the included a public road which was not blocked-o from
the 12-year-old seventh grade student for damages.
ful llment of the obligation is o ered by the grantor when it vehicles. Takbo Co. solicited the sponsorship of Kotse Corp.
becomes due, he may demand the reconveyance of the for added nancial support. Gio was hit by a jeepney driven by
The defendant parents moved to dismiss the suit, claiming
property to him." 4. Art 1455 NCC which provides: "When JD on the public road and died. The parents of Gio sued
that they could never be held liable for damages since they did
any trustee, guardian or any person holding a duciary Takbo Co. and Kotse Corp. for damages. The court ruled that
not shoot the bully themselves.
relationship uses trust funds for the purchase of property and Kotse Corp. is solidarily liable for damages with Takbo Co. for
causes conveyance to be made to him or to third person, a being one of the principal movers of the event due to its Should the motion to dismiss be granted on this ground?
trust is established by operation of law in favor of the person sponsorship. Explain briefly.
to whom the funds belong."
Is the court correct? Explain briefly.
No, the motion to dismiss should be denied.
(B) The doctrine of last clear chance states that where the
plainti was guilty of prior or antecedent negligence, but the No, the court is incorrect in holding Kotse Corp. solidarily Article 20180 of the New Civil Code provides that the
defendant, who had the ultimate opportunity to avoid the liable due to its sponsorship. obligation imposed by Article 2176 is demandable not only
impending harm failed to do so, it is the defendant who is for one's own acts or omissions, but also for those of persons
In the similar case of Abrogar v. Cosmos Bottling (G.R. No.
liable for all the consequences of the accident notwithstanding for whom one is responsible. The father and, in case of his
164749, 15 Mar 2017), the Court absolved the respondent
the prior negligence of the plainti . An example is where a death or incapacity, the mother, are responsible for the
from liability ruling that mere sponsorship of the race was,
person was riding a pony on a bridge and improperly pulled damages caused by the minor children who live in their

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company. Thus, it is incorrect for the parents to say that they services and treatment being provided by Dr. Jack. Dr. Jack
The corporate negligence ascribed to St. Vincent’s Hospital is
could never be held liable for damages since they did not shoot even signed an agreement that he holds the hospital free and di erent from the medical negligence attributed to Dr. Jack.
the bully themselves. harmless from any liability arising from his medical practice in The duties of the hospital are distinct from those of the
The motion to dismiss should therefore be denied. the hospital. doctor-consultant practicing within its premises in relation to
Is St. Vincent's Hospital liable for the negligence of Dr. the patient; hence, the failure of St. Vincent’s Hospital to
(2016) XVIII. Dr. Jack, a surgeon, holds clinic at the St. Jack? Explain your answer. (5%) ful ll its duties as a hospital corporation gave rise to a direct
Vincent's Hospital and pays rent to the hospital. The fees of liability to Marta distinct from that of Dr. Jack.
Dr. Jack are paid directly to him by the patient or through the Yes, St. Vincent’s Hospital is liable. In the case of Professional
cashier of the hospital. The hospital publicly displays in the Services v. Agana (G.R. No.126297, January 31, 2007, 513 (2009) X. Rommel’s private car, while being driven by the
lobby the names and specializations of the doctors associated SCRA 478), the Supreme Court held that the hospital is liable regular family driver, Amado, hits a pedestrian causing the
or accredited by it, including that of Dr. Jack. Marta engaged to the Aganas, not under the principle of respondeat superior latter’s death. Rommel is not in the car when the incident
the services of Dr. Jack because of recurring stomach pain. It for lack of evidence of an employer-employee relationship with happened.
was diagnosed that she is su ering from cancer and had to be Dr. Ampil but under the principle of ostensible agency for the
a. Is Rommel liable for damages to the heirs of the
operated on. Before the operation, she was asked to sign a negligence of Dr. Ampil and, pro hac vice, under the principle
deceased? Explain. (2%)
"consent for hospital care," which reads: of corporate negligence for its failure to perform its duties as a
b. Would your answer be the same if Rommel was
hospital.
"Permission is hereby given to the medical, nursing and in the car at the time of the accident? Explain.
laboratory sta of the St. Vincent's Hospital to perform such While it is true that there was insu cient evidence that St. (2%)
procedures and to administer such medications and Vincent’s Hospital exercised the power of control or wielded
treatments as may be deemed necessary or advisable by the such power over the means and the details of the speci c (A) Yes, Rommel may be held liable for damages if he fails to
physicians of this hospital for and during the con nement." process by which Dr. Jack applied his skills in Marta’s prove that he exercised the diligence of a good father of a
treatment, there is ample evidence that St. Vincent’s Hospital family (Art. 2180, par 5, NCC) in selecting and supervising
After the surgery, the attending nurses reported that two (2)
held out to the patient, Marta, that Dr. Jack was its agent his family driver. The owner is presumed liable unless he
sponges were missing. Later, Marta died due to complications
(principle of ostensible agency). The two factors that proves the defense of diligence. If the driver was performing
brought about by the sponges that were left in her stomach.
determine apparent authority are present: (1) the hospital’s his assigned task when the accident happened, Rommel shall
The husband of Marta sued the hospital and Dr. Jack for
implied manifestation to the patient which led the latter to be solidarily liable with the driver.
damages arising from negligence in the medical procedure.
conclude that the doctor was the hospital’s agent; and (2) the
The hospital raised the defense that Dr. Jack is not its In case the driver is convicted of reckless imprudence and
patient’s reliance upon the conduct of the hospital and the
employee as it did not hire Dr. Jack nor pay him any salary or cannot pay the civil liability, Rommel is subsidiarily liable for
doctor, consistent with ordinary care and prudence.
compensation. It has absolutely no control over the medical the damage awarded against the driver and the defense of

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diligence is not available. playmate are liable under Article 219 of the Family Code, in (2019) A.1. In January 2018, Mrs. A, a married woman on
relation to Article 2180 of the Civil Code since they exercise her sixth (6th) month of pregnancy, was crossing a street when
(B) Yes, my answer would be the same. Rommel, who was in
the car, shall be liable for damages if he could have prevented parental authority over the person of the boy. (Tamargo v. she was suddenly hit by a car being recklessly driven by Mr. X.
the misfortune by the use of due diligence in supervising his Court of Appeals, G.R. No. 85044, June 3, 1992; Elcano v. As a result, Mrs. A sustained serious injuries and further,
driver but failed to exercise it (Art. 2184, NCC). In such case, Hill, G.R. No. L-24803, May 26, 1977) su ered an unintentional abortion. Mrs. A was hospitalized
for two (2) months, during which she incurred P400,000.00 in
his liability is solidary with his driver. (B) Employer of the domestic helper who slapped a sh
vendor. Under Article 2180, par. 5 of the Civil Code, medical fees. Her expenses were all duly substantiated by
"employers shall be liable for the damages caused by their o cial receipts. During the two (2)-month period of her
(2005) XV. Under the law on quasi-delict, aside from the
employees and household helpers acting within the scope of con nement, she was unable to report for work and earn any
persons who caused injury to persons, who else are liable
their assigned tasks, even though the former are not engaged in salary, which was established at the rate of P80,000.00 per
under the following circumstances:
any business or industry." month. Mrs. A then led a civil case for damages against Mr.
a) When a 7-year-old boy injures his playmate X.
while playing with his father’s rifle. Explain. (C) The owner of the construction company. Article 2180,
(a) Based on the case filed by Mrs. A, what is the
(2%) paragraph 4 states that "the owners and managers of an
establishment or enterprise are likewise responsible for source of Mr. X's obligation to her as a result of
b) When a domestic helper, while haggling for a
his acts? Explain. (2%)
lower price with a fish vendor in the course of damages caused by their employees in the service of the
(b) May Mrs. A claim actual damages from Mr. X?
buying foodstuffs for her employer’s family, slaps branches in which the latter are employed or on the occasion
of their functions." If so, how much can Mrs. A claim? Explain. (2%)
the fish vendor, causing her to fall and sustain
(c) May Mrs. A claim damages on behalf of her
injuries. Explain. (2%) (D) The school, teacher and administrator as they exercise unborn baby? Explain. (3%)
c) A carpenter in a construction company special parental authority. (Art. 2180, par. 7 in relation to Art. (d) What must Mrs. A prove if she wants to recover
accidentally hits the right foot of his co-worker 218 and Art. 219 of the Family Code) moral damages from Mr. X? (2%)
with a hammer. Explain. (2%)
(E) The defense that might be available to them is the (e) Assuming that Mrs. A is awarded actual and
d) A 15-year-old high school student stabs his
observance of a good father of the family to prevent the moral damages by the trial court, may she also
classmate who is his rival for a girl while they
damage. (Last par., Art. 2180, Civil Code) claim interest if the final and executory
were going out of the classroom after their last
judgment award remains unpaid by Mr. X? If
class. Explain. (2%)
so, when should the interest be reckoned and
e) What defense, if any, is available to them? (2%)
Damages what is the rate of interest? Explain. (3%)

(A) The parents of the 7-year old boy who caused injury to his Moral Damages (A) Mr. X’s obligation arose from a quasi-delict, one of the

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ve sources of obligations (Art. 1157, Civil Code). The Code parents or heirs (Geluz v. Court of Appeals, G.R. No. of the SBL bus tried to avoid the truck, a mishap occurred as
also provides that whoever by act or omission causes damage L-16439, July 20, 1961). the truck hit the left side of the bus. As a result of the accident,
to another, there being fault or negligence, is obliged to pay for Simeon su ered a fractured leg and was unable to report for
(D) Mrs. A must prove that she su ered physical su ering,
the damage done and such fault or negligence, is called a mental anguish, fright, serious anxiety, besmirched reputation, work for one week. He sued SBL for actual and moral
quasi-delict (Article 2176 of the Civil Code). Here, Mr. X, in wounded feelings, moral shock, social humiliation, or similar damages. SBL raised the defense that it was the driver of the
recklessly driving a car, hit Mrs. A, thereby causing serious injury. She must also prove that Mr. X’s reckless driving truck who was at fault, and that it exercised the diligence of a
injuries and unintentional abortion to the latter. produced the physical injury in natural and continuous good father of a family in the selection and supervision of its
driver.
(B) Yes, Mrs. A can claim actual damages amounting to sequence, unbroken by any e cient intervening cause,
P500,000. Article 2199 of the Civil Code provides that except produces injury, without which she would not have su ered (a) Is SBL liable for actual damages? Moral
as provided by law or by stipulation, one is entitled to actual or the same, that is the reckless driving is the proximate cause of damages? (2.5%)
compensatory damages only for such pecuniary loss su ered the injury, Moral damages may be recovered in quasi-delicts (b) Will SBL be liable to pay interest if it is required
by him as he has duly proved. The medical fees totaling causing physical injuries (Article 2219 of the Civil Code). to pay damages, and delays in the payment of the
P400,000 were duly substantiated by o cial receipts, Article judgment award? What is the rate of interest,
(E) Yes, Mrs. A may also claim interest. The interest should be
2200 of the Civil Code also provides that indemni cation for 6% per annum from the nality of judgment until its and from when should the interest start
damages shall comprehend not only the value of the loss running? (2.5%)
satisfaction. The Court held in Nacur w. Gallery Frames (G.
su ered, but also that of the pro ts which the obligee failed to
R. No. 189871, August 13, 2013), interpreting BSP MB
obtain. The rate of her salary was established at P50,000 per Circular No. 799, that when the judgment of the court (A) It depends on what the source of obligation the action is
month; thus, her inability to report for work and earn salary based.
awarding a sum of money becomes nal and executory, the
for two months entitled her to a total of P100,000. Mrs. A, rate of legal shall be 6% per annum from such nality until its If based on contract, SBL will be liable for actual damages, but
therefore, can claim her expenses for medical fees and two satisfaction, this interim period being deemed to be the not moral damages. As a common carrier, SBL is required to
months’ worth of salary the total of which is P500.000. equivalent to a forbearance of credit. observe extraordinary diligence, and the law expressly provides
(C) No, Mrs. A cannot claim damages on behalf of her that its liability does not cease upon proof that it exercised the
unborn baby. Birth determines personality. The Court has (2018) XX. Simeon was returning to Manila after spending a diligence of a good father of a family in selecting and
held that an action for pecuniary damages on account of weekend with his parents in Sariaya, Quezon. He boarded a supervising its driver. It is not liable, however, for moral
personal injury or death pertains primarily to the one injured, bus operated by the Sabbit Bus Line (SBL) on August 30, damages as Art. 2220 requires it to have acted fraudulently or
and if no action for such damages could be instituted on 2013. In the middle of the journey, the bus collided with a in bad faith, which is not provided by the facts.
behalf of the unborn child on account of the injuries it truck coming from the opposite direction, which was If the action, however, is anchored under quasi-delict, SBL
received, no such right of action could derivatively accrue to its overtaking the vehicle in front of the truck. Though the driver will be liable for actual and moral damages. As a common

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carrier, it is required to exercise extraordinary diligence. Moral exemplary damages. The damages in this case are prayed for it was dishonored on the ground of "Account Closed". After
damages also may be awarded under Article 2219 if the based on the breach of contract committed by RPP in failing an investigation, it was found that an employee of the bank
plainti su ered physical injuries as a result of a quasi-delictual to deliver the sum of money to Paula. Under the provisions of misplaced Tony's account ledger. Thus, the bank erroneously
act. the Civil Code, in breach of contract, moral damages may be assumed that his account no longer exists. Later, it turned out
recovered when the defendant acted in bad faith or was guilty that Tony's account has more than su cient funds to cover
(B) Yes, SBL will be liable to pay interest at the rate of 6%
from the nality of the judgment until satisfaction. According of gross negligence (amounting to bad faith) or in wanton the check. The dealer however, immediately led an action for
to the case of Nacar v. Gallery Frames (G.R. No. 189871, disregard of his contractual obligation. In the same fashion, to recovery of possession of the vehicle against Tony for which he
August 13, 2013), when the judgment of the court awarding a warrant the award of exemplary damages, the wrongful act was terribly humiliated and embarrassed.
sum of money becomes nal and executory, the rate of legal must be accomplished by bad faith, and an award of damages
Does Tony have a cause of action against Premium
interest, shall be 6% per annum from such nality until its would be allowed only if the guilty party acted in a wanton, Bank? Explain. 5%
satisfaction. fraudulent, reckless or malevolent manner (Article 2232 of the
Civil Code)
Yes, Tony may le an action against Premium Bank for
(2016) XIII. Peter, a resident of Cebu City, sent through Bad faith does not simply connote bad judgment or damages under Art. 2176. Even if there exists a contractual
Reliable Pera Padala (RPP) the amount of P20,000.00 to his negligence. It imports a dishonest purpose or some moral relationship between Tony and Premium Bank, an action for
daughter, Paula, for the payment of her tuition fee. Paula went obliquity and conscious doing of a wrong, a breach of known quasi-delict may nonetheless prosper. The Supreme Court has
to an RPP branch but was informed that there was no money duty through some motive or interest or ill will that partakes consistently ruled that the act that breaks the contract may
remitted to her name. Peter inquired from RPP and was of the nature of fraud. In this case, however, RPP’s breach was also be a tort. There is a duciary relationship between the
informed that there was a computer glitch and the money was due to a computer glitch which at most can be considered as bank and the depositor, imposing utmost diligence in
credited to another person. Peter and Paula sued RPP for negligence on its part, but de nitely does not constitute bad managing the accounts of the depositor. The dishonor of the
actual damages, moral damages and exemplary damages. The faith or fraud as would warrant the award of moral and check adversely a ected the credit standing of Tony, hence, he
trial court ruled that there was no proof of pecuniary loss to exemplary damages. is entitled to damages (Singson v. BPI, G.R. No. L-24932,
the plainti s but awarded moral damages of P20,000.00 and June 27, 1968; American Express International, Inc. v. IAC,
exemplary damages of P5,000.00. On appeal, RPP questioned (2006) XII. Tony bought a Ford Expedition from a car dealer G.R. No. 72383, November 9, 1988; Consolidated Bank and
the award of moral and exemplary damages. in Muntinlupa City. As payment, Tony issued a check drawn Trust v. CA, G.R. No. L-70766 November 9,1998).
against his current account with Premium Bank. Since he has a
Is the trial court correct in awarding moral and
exemplary damages? Explain. (5%) good reputation the car dealer allowed him to immediately (2005) XVI. Dr. and Mrs. Almeda are prominent citizens of
drive home the vehicle merely on his assurance that his check is the country and are frequent travelers abroad. In 1996, they
su ciently funded. When the car dealer deposited the check, booked round-trip business class tickets for the Manila-Hong
No, the trial court is not correct in awarding moral and

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Kong-Manila route of the Pinoy Airlines, where they are

In the given problem, spouses Almeda had a booked roundtrip Will the action prosper? Give reasons. (5%)
holders of Gold Mabalos Class Frequent Flier cards. On their business class ticket with Pinoy Airlines. When their tickets
return ight, Pinoy Airlines upgraded their tickets to rst class were upgraded to rst class without their consent, Pinoy Yes, the action will prosper. Article 2201 of the Civil Code
without their consent and, in spite of their protestations to be Airlines breached the contract. As ruled in Zulueta v. Pan entitles the person to recover damages which may be
allowed to remain in the business class so that they could be American (G.R. No. L-28589, January 8, 1973), in case of attributed to non-performance of an obligation. In Alitalia
with their friends, they were told that the business class was overbooking, airline is in bad faith. Therefore, spouses Almeda Airways v. Court of Appeals (G.R. No. 77011, July 24, 1990),
already fully booked, and that they were given priority in
are entitled to damages. when an airline issues ticket to a passenger con rmed on a
upgrading because they are elite members/holders of Gold
particular ight, a contract of carriage arises and the passenger
Mabalos Class cards. Since they were embarrassed at the Exemplary or Corrective Damages expects that he would y on that day. When the airline
discussions with the ight attendants, they were forced to take
deliberately overbooked, it took the risk of having to deprive
the ight at the rst class section apart from their friends who (2005) XVI. Dr. and Mrs. Almeda are prominent citizens of
some passengers of their seat in case all of them would show
were in the business class. Upon their return to Manila, they the country and are frequent travelers abroad. In 1996, they
up. For the indignity and inconvenience of being refused the
demanded a written apology from Pinoy Airlines. When it booked round-trip business class tickets for the Manila-Hong
con rmed seat, said passenger is entitled to moral damages.
went unheeded, the couple sued Pinoy Airlines for breach of Kong-Manila route of the Pinoy Airlines, where they are
contract claiming moral and exemplary damages, as well as holders of Gold Mabalos Class Frequent Flier cards. On their In the given problem, spouses Almeda had a booked roundtrip
attorney’s fees. return ight, Pinoy Airlines upgraded their tickets to rst class business class ticket with Pinoy Airlines. When their tickets
without their consent and, in spite of their protestations to be were upgraded to rst class without their consent, Pinoy
Will the action prosper? Give reasons. (5%)
allowed to remain in the business class so that they could be Airlines breached the contract. As ruled in Zulueta v. Pan
with their friends, they were told that the business class was American (G.R. No. L-28589, January 8, 1973), in case of
Yes, the action will prosper. Article 2201 of the Civil Code overbooking, airline is in bad faith. Therefore, spouses Almeda
already fully booked, and that they were given priority in
entitles the person to recover damages which may be are entitled to damages.
upgrading because they are elite members/holders of Gold
attributed to non-performance of an obligation. In Alitalia
Mabalos Class cards. Since they were embarrassed at the
Airways v. Court of Appeals (G.R. No. 77011, July 24, 1990),
discussions with the ight attendants, they were forced to take When Damages May be Recovered
when an airline issues ticket to a passenger con rmed on a
the ight at the rst class section apart from their friends who
particular ight, a contract of carriage arises and the passenger
were in the business class. Upon their return to Manila, they (2013) I.II. A collision occurred at an intersection involving a
expects that he would y on that day. When the airline
demanded a written apology from Pinoy Airlines. When it bicycle and a taxicab. Both the bicycle rider (a businessman
deliberately overbooked, it took the risk of having to deprive
went unheeded, the couple sued Pinoy Airlines for breach of then doing his morning exercise) and the taxi driver claimed
some passengers of their seat in case all of them would show
contract claiming moral and exemplary damages, as well as that the other was at fault. Based on the police report, the
up. For the indignity and inconvenience of being refused the
attorney’s fees. bicycle crossed the intersection rst but the taxicab, crossing at
con rmed seat, said passenger is entitled to moral damages.

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a fast clip from the bicycle's left, could not brake in time and which caused the collision. Also, even assuming that there was history of negligence or recklessness before the fatal accident.
hit the bicycle's rear wheel, toppling it and throwing the contributory negligence on the part of my client, I will argue
(a) Did his operation of the school bus service for a
bicycle rider into the sidewalk 5 meters away. that it will not preclude the recovery of damages but may only limited clientele render Jovencio a common
The bicycle rider su ered a fractured right knee, sustained mitigate the damages to which he is entitled. carrier? Explain your answer. (3%)
when he fell on his right side on the concrete side walk. He was (b) In accordance with your answer to the preceding
hospitalized and was subsequently operated on, rendering him Damages in Case of Death question, state the degree of diligence to be
immobile for 3 weeks and requiring physical rehabilitation for observed by Jovencio, and the consequences
another 3 months. In his complaint for damages, the rider (2017) XVI. Jovencio operated a school bus to ferry his two thereof. Explain your answer. (3%)
prayed for the award of P1,000,000 actual damages, P200,000 sons and ve of their schoolmates from their houses to their (c) Assuming that the fatality was a minor of only
moral damages, P200,000 exemplary damages, P100,000 school, and back. The parents of the ve schoolmates paid for 15 years of age who had no earning capacity at
nominal damages and P50,000 attorney's fees. the service. One morning, Por rio, the driver, took a short cut the time of his death because he was still a
on the way to school because he was running late, and drove student in high school, and the trial court is
Assuming the police report to be correct and as the lawyer for
across an unmanned railway crossing. At the time, Por rio was minded to award indemnity, what may possibly
the bicycle rider, what evidence (documentary and
testimonial) and legal arguments will you present in wearing earphones because he loved to hear loud music while be the legal and factual justifications for the
driving. As he crossed the railway tracks, a speeding PNR train award of loss of earning capacity? Explain your
court to justify the damages that your client claims?
loudly blared its horn to warn Por rio, but the latter did not answer. (4%)
(8%)
hear the horn because of the loud music. The train inevitably
rammed into the school bus. The strong impact of the (A) Yes, because a common carrier is one who is engaged in
As lawyer for the bicycle rider, I will present in addition to the
police report, the medical abstract as to the injuries sustained collision between the school bus and the train resulted in the the business of carrying or transporting passengers or goods or
instant death of one of the classmates of Jovencio's younger both, or one who holds himself or itself out to the public as
by my client as well as copies of receipts of expenses incurred
son. being engaged in said business.
in connection with the treatment of his injuries. I will also
present the testimony of my client and perhaps a bystander The parents of the fatality sued Jovencio for damages based on In Perena v. Zarate [679 SCRA 208 (2012)], the Court
who witnessed the incident as to the circumstances culpa contractual alleging that Jovencio was a common carrier; de nitively ruled that the operators of a school bus service are
surrounding the accident. Por rio for being negligent; and the PNR for damages based common carriers even if they are catering to a limited clientele
on culpa aquiliana. because of the following reasons: (1) they are engaged in
As for the legal argument, I will rebut the claim of negligence
on my client’s part by presenting evidence that my client has transporting passengers generally as a business, not just as a
Jovencio denied being a common carrier. He insisted that he
casual occupation; (2) they are undertaking to carry passengers
actually crossed the intersection ahead of the taxicab and it had exercised the diligence of a good father of a family in
over established roads by the method by which the business
was the taxicab driver who rapidly cut the path of the bicycle supervising Por rio, claiming that the latter had had no

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was conducted; and (3) they are transporting students for a graduated from college. driver or employee be proven to be insolvent since the liability
fee. In the same case, the Court justi ed the indemni cation of the
of the employer for the quasi-delicts committed by their
employees is direct and primary subject to the defense of due
The Court additionally explained that despite catering to a victim’s loss of earning capacity despite him having been
limited clientèle, they operate as common carriers because they unemployed because compensation of this nature is awarded diligence on their part. (Article 2176; Article 2180)
held themselves out as a ready transportation indiscriminately not for loss of time or earnings but for loss of the deceased’s b) Yes, the parents of the boy can enforce the subsidiary
to the students of a particular school living within or near power or ability to earn money. liability of the employer in the criminal case against the driver.
where they operated the service and for a fee. [Discussed and The conviction of the driver is a condition sine qua non for
posted on my FB wall as early as October 23, 2017] (2015) XIV. A driver of a bus owned by company Z ran over a the subsidiary liability of the employer to attach. Proof must
boy who died instantly. A criminal case for reckless be shown that the driver is insolvent. (Article 103, Revised
(B) Being a common carrier, Jovencio is required to observe
imprudence resulting in homicide was led against the driver. Penal Code)
extraordinary diligence, and is presumed to be at fault or to
have acted negligently in case of the loss of the e ects of He was convicted and was ordered to pay P2 Million in actual
passengers, or the death or injuries to passengers. and moral damages to the parents of the boy who was an
honor student and had a bright future. Without even trying to
In this case, Jovencio is liable for the death of the student
nd out if the driver had assets or means to pay the award of
because, acting as a common carrier, he is already presumed to
damages, the parents of the boy led a civil action against the
be negligent at the time of the accident because death had
bus company to make it directly liable for the damages.
occurred to the passenger. Here, Jovencio failed to fend o
liability because he failed to prove that he observed a) Will their action prosper? (4%)
extraordinary diligence in ensuring the safety of the b) If the parents of the boy do not wish to file a
passengers. [Basis: Perena v. Zarate, 679 SCRA 208 (2012); separate civil action against. the bus company,
discussed and posted on my FB wall as early as October 23, can they still make the bus company liable if the
2017] driver cannot' pay the award for damages? If so,
what is the nature of the employer's liability and
(C) The basis for the computation of the deceased’s earning
how may civil damages be satisfied? (3%)
capacity should be the minimum wage in e ect at the time of
his death, pursuant to the ruling of the Court in Perena v.
a) Yes, the action will prosper. The liability of the employer in
Zarate [679 SCRA 208 (2012)]. In the same case, the Court
this case may be based on quasi-delict and is included within
also ruled that the computation of the victim’s life expectancy
the coverage of independent civil action. It is not necessary to
rate should not be reckoned from his age of 15 years at the
enforce the civil liability based on culpa aquiliana that the
time of his death, but on 21 years, his age when he would have

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