2007civillawbarqsandanswers.docx

8/11/2019 2007civillawbarqsandanswers.docx

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Civil LawI.

Distinguish the following concepts:1. Occupation v. possession. (5%)Occupation is a mode of acquiring ownership which involves someform of holding (Articles 712 & 713, New Civil Code). Possession isthe holding of a thing or the enjoyment of a right. (Article 532,NCC).

Occupation can take place only with respect to property withoutan owner, while possession can refer to all kinds of property,whether with or without an owner. Occupation in itself, when

proper, confers ownership; but possession does not by itself giverise to ownership. (II Tolentino, Civil Code, 1992 ed., p. 489).

2. Illegal and impossible conditions in a simple donation v.illegal and impossible conditions in an onerous donation. (5%)Illegal or imposable conditions in simple conditions are consideredas not imposed, hence the donation is valid. (Art. 727, NCC). Onthe other hand, donations with an onerous cause shall be governedby the rules on contract (Art. 733, NCC). Under Art. 1183 0f the

New Civil Code, (I)mpossible conditions, those contrary to goodcustoms or public policy and those prohibited by law shall annulthe obligation which depends upon them. Thus, the onerousdonation is void.

II.(10%)

Manila Petroleum Co. owned and operated a petroleumoperation facility off the coast of Manila. The facility was

located on a floating platform made of wood and metal, uponwhich was permanently attached the heavy equipment for thepetroleum operations and living quarters of the crew. Thefloating platform likewise contained a garden area, wheretrees, plants and flowers were planted. The platform wastethered to a ship, the MV 101, which was anchored to the


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seabed.

1. Is the platform movable or immovable property?

Alternative Answer:The platform is an immovable property by destination. It wasintended by the owner to remain at a fixed place on a river orcoast.

Article 415(9) of the New Civil Code considers as a real propertydocks and structures which, though, floating, are intended bytheir nature and object to remain at a fixed place on a river, lakeor coast.

NOTA BENE: In Fels Energy, Inc. v. The Province of Batangas,et.al., G.R. No. 168557, February 16, 2007, the Court ruled thatthe power barges moored off the coast of Balayan, Batangas arereal property under Article 415(9) of the Civil Code. This case isbeyond the coverage of the 2007 Bar Exam.

Alternative Answer:

The platform is a movable property if it is not permanently

attached or anchored to the ship or seabed. As a result, it may bebrought from place to place for various purposes or may be towedor tethered to other vessels.

2. Are the equipment and living quarters movable or immovableproperty?Alternative Answer:

With respect to the equipment, the same is real property underparagraph 5 of Article 415, NCC. It is intended to meet the needs

of the industry being undertaken by Manila Petroleum Co. Theequipment partakes of the nature of the immovable upon which ithas been placed.

The living quarters, if attached to the immovable platform withpermanence, becomes an immovable as well. Permanence means


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include the following items:Supply this information.

1. What is the governing law?

Depending on the transaction involved, one or more of thefollowing will be the governing laws relating to land acquisition oftitle to land are as follows:

1. P.D. No. 1529 (Property Registration Decree)2. Public Land Law (CA No. 141, as amended)

3. The Civil Code of the Philippines4. Act No. 2259 (The Cadastral Act)5. Section 194 of the Administrative Code as amended by Act No.2837 and Act No. 3344 (System of Recording for Unregistered Real

Estate)

6. P.D. No. 1073 (Extending the Period for Administrative andJudicial Legalization of Imperfect Title)

7. Article XII of the 1987 Constitution8. P.D. No. 957 (An Act Regulating the Sale of Subdivisions andCondominiums)

9. R.A. 4276 (An Act Amending P.D. No. 957) 10. Real Property Tax Code

2. What properties are not registrable?With respect to the land banking program of Bedrock, thefollowing properties may not be registered under the TorrensSystem with any Register of Deeds: (a) inalienable lands of thepublic domain; and (b) those prohibited under the Constitution(such as national parks, mineral lands, forest or timber lands andagricultural lands not classified as alienable and disposable.)

V.(10%)What are obligations without an agreement"? Give fiveexamples of situations giving rise to this type of obligations?Obligations without an agreement are those which are not basedon contract. Apart from contracts, obligations may arise from (1)


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law; (2) qausi-contract; (3) delict; and (4) quasi-delict.

Examples of situations giving rise to Obligations without anagreement are as follows:

1. A law was passed requiring the payment of a specific kind oftax.

2. If something is received when there is no right to demand it,and it was unduly delivered through mistake, the obligation toreturn it arises. (Article 2154, NCC)

3. When a person voluntarily takes charge of the agency ormanagement of the business or property of anther, without any

power from the latter, he is obliged to continue the same until thetermination of the affair and its incidents, or to require the personconcerned to substitute him, if the owner is in a position to do so.This juridical relation does not arise in either of these instances:a. When the property or business is not neglected or abandoned;

b. If in fact the manager has been tacitly authorized by the owner(Article 2144, NCC)4. A person, through negligence, caused damage or injury toanother.

5. A person intentionally damaged a property of another.

6. The obligation by the recipient to return what has been paid ordelivered to him by mistake, the recipient not having the right todemand it, is one that arises from quasi-contract (Article 2154,NCC)

7. The obligation of the culprit to pay actual damages for causing

the death of a person is one which arises from delict or crime (Art.2206, NCC)

8. The obligation of the tortfeasor to pay damages for injuries ordamages caused by him to another person due to his act oromission, characterized by fault or negligence, is one which arises


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from quasi-delict (Art. 2176, NCC) and

9. The obligation to pay reward for a certain act oraccomplishment pursuant to a promise made to the general public

is an obligation based on unilateral promise.

VI.(10%)

Clara, thinking of her mortality, drafted a will and askedRoberta, Hannah, Luisa and Benjamin to be witnesses. Duringthe day of the signing of her will, Clara fell down the stairs andbroke both her arms. Coming from the hospital, Clara insistedon signing her will by thumb mark and said that she can sign her

full name later. While the will was being signed, Robertaexperienced a stomach ache and kept going to the restroom forlong periods of time. Hannah, while waiting for her turn to signthe will, was reading the 7th Harry Potter book on the couch,beside the table on which everyone was signing. Benjamin,aside from witnessing the will, also offered to notarize it. Aweek after, Clara was run over by a drunk driver while crossingthe street in Greenbelt. May the will of Clara be admitted toprobate? Give your reasons briefly.

Yes, the will of Clara may be probated.

A thumbmark has been considered by the Supreme Court as a validsignature if intended by the testator to be his signature. (Garcia v.La Cuesta, G.R. No. L-4067, November 29, 1951; De Gala v.Gonzales, G.R. No. L-37756, November 28, 1933).

The three witness rule required for the validity of an ordinary willis satisfied provided either of the two conditions exists:

1. Roberta could see Clara and the other witnesses sign the will atany time while she was in the toilet, had she wanted to.

2. If Roberta could not have seen Clara and the other witnessessign the will, the same is valid if the will was acknowledged


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before a Notary Public other than Benjamin.

It is not necessary that the testator or the witnesses shouldactually see the others subscribe their names to the instrument,

provided that he is position to see them sign if he chooses (Nera v.Rimando, G.R. NO. 5971, February 27, 1911; Yap Tua v. Yap KaKuan, G.R. No. L-6845, September 1, 1914). Thus, the signingmust be considered to be in the presence of Hannah, who wasreading a book on the couch beside the table.

VII.Write "TRUE" if the statement is true or "FALSE" if thestatement is false. If the statement is FALSE, state the reason.

(2% each).

1. Roberta, a Filipino, 17 years of age, without the knowledge ofhis parents, can acquire a house in Australia because AustralianLaws allow aliens to acquire property from the age of 16. (2%)

TRUE

2. If a man commits several acts of sexual infidelity, particularlyin 2002, 2003, 2004, 2005, the prescriptive period to file for legal

separation runs from 2002. (2%)

FALSE. Every act of sexual infidelity committed by the man is aground for legal separation under Article 55(8) of the Family Code(Tolentino, Civil Code, 1990 ed., 321) Hence, the prescriptiveperiod begins to run upon the commission of each act of infidelity.

3. An individual, While single, purchases a house and lot in 1990and borrows money in 1992 to repair it. In 1995, such individualgets married while the debt is still being paid. After the marriage,

the debt is still the responsibility of such individual. (2%)

Alternative Answer:

FALSE. Under Article 94(7) of the Family Code, ante-nuptial debtsof either spouse shall be considered as the liability of the absolutecommunity property insofar as they have redounded to the benefit


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of the family.

Alternative Answer:

TRUE

4. The day after John and Marsha got married, John told her thathe was impotent. Marsha continued to live with John for 2 years.Marsha is now estopped from filing an annulment case againstJohn.

FALSE. Marsha is not estopped from filing an annulment caseagainst John on the ground of impotency under Article 45(5) of theFamily Code. Unlike the other grounds for annulment of voidablemarriages which are subject to ratification by continued

cohabitation, the law does not allow ratification under Article45(5).

5. Amor gave birth to Thelma when she was 15 years old.Thereafter, Amor met David and they got married when she was20 years old. David had a son, Julian, with his ex-girlfriend Sandra.Julian and Thelma can get married.

Alternative Answer:

TRUE.

Alternative Answer:

FALSE. If the marriage was solemnized during the effectivity ofthe New Civil Code, the marriage between stepbrother andstepsister is void (Article 80[7]). However, under the Family Code,this marriage may be valid. (Article 38, FC)

VIII.

(10%)

In 1986, Jennifer and Brad were madly in love. In 1989,because a certain Picasso painting reminded Brad of her,Jennifer acquired it and placed it in his bedroom. In 1990, Bradand Jennifer broke up. While Brad was mending his brokenheart, he met Angie and fell in love. Because the Picasso


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painting reminded Angie of him, Brad in his will bequeathed thepainting to Angie. Brad died in 1995. Saddened by Brads death,Jennifer asked for the Picasso painting as a remembrance ofhim. Angie refused and claimed that Brad, in his will,

bequeathed the painting to her. Is Angie correct? Why or whynot?

Angie is not correct. The painting is not a property of Brad whichhe can dispose by will. Even if the painting was bought while theywere madly in love, there can be no valid donation of such avaluable painting because it was not reduced to writing asrequired by Article 748(3) of the New Civil Code.

Therefore, this is a legacy of property not owned by the testator.If Brad knew that he did not own the painting, it may beconsidered as an instruction to acquire the painting from Angie.However, if he erroneously believed he owned the painting, thelegacy is void.

IX.Multiple choice: Choose the right answer. (2% each)1. The parties to a bailment are the:

a. bailor;

b. bailee;

c. comodatario;

d. all the above;

e. letters a and bE

2. A deposit made in compliance with a legal obligation is:

a. an extrajudicial deposit;


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b. a voluntary deposit;

c. a necessary deposit;

d. a deposit with a warehouseman;

e. letters a and bC

3. A contract of antichresis is always:

a. a written contract;

b. a contract, with a stipulation that the debt will be paid through

receipt of the fruits of an immovable;

c. Involves the payment of interests, if owing;

d. All of the above;

e. Letters a and bD

4. An, assignee in a proceeding under the Insolvency Law does nothave the duty of:

a. suing to recover the properties of the state of the insolventdebtor;

b. selling property of the insolvent debtor;

c. ensuring that a debtor corporation operate the businessefficiently and effectively while the proceedings are pending;

d. collecting and discharging debts owed to the insolvent debtor.C

5. In order to obtain approval of the proposed settlement of thedebtor in an insolvency proceeding.


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a. the court must initiate the proposalb. 2/3 of the number of creditors should agree to the settlement;

c. 3/5 of the number of creditors should agree to the settlement;

d. 1/3 of the total debts must be represented by the approvingcreditors;

e. Letters a and bB

X.(10%)

For purposes of this question, assume all formalities andprocedural requirements have been complied with.In 1970,Ramon and Dessa got married. Prior to their marriage, Ramonhad a child, Anna. In 1971 and 1972,Ramon and Dessa legallyadopted Cherry and Michelle,respectively. In 1973, Dessa diedwhile giving birth to Larry.Anna had a child, Lia. Anna nevermarried. Cherry, on the other hand, legally adopted Shelly.Larry had twins, Hans and Gretel, with his girlfriend, Fiona. In2005, Anna, Larry,and Cherry died in a car accident. In 2007,

Ramon died.Who may inherit from Ramon and who may not?Give your reasons briefly.

Lia and Michele are the only possible heirs of Ramon.

Lia succeeds by representation of Anna who, if she is an

illegitimate child of Ramon, may be represented by her

descendants. (Article 990, NCC). If Anna is a legitimate child, Lia

may not inherit (Article 992, NCC)

Michelle may inherit as an adopted child of Ramon, unless the

word respectively means she was adopted only by Dessa. In the

latter case, Michelle will not inherit from Ramon.


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Shelly cannot inherit from Ramon. She cannot represent Cherry in

the inheritance of Ramon since filiation created by adoption is

exclusively between the adopter and the adopted. The legal

relationship does not extend to the children of the adopted.

(Rabuya, Law on Persons and Family Relations, 2006 ed., III

Tolentino, Civil Code, 1992 ed., 448-449).

Hans and Gabriel, being illegitimate children of Larry, cannot

inherit from Ramon ab intestato because of the barrier between

the legitimate and the illegitimate. (Article 992, NCC)

Dessa, Ana , Larry and Cherry will not inherit from Ramon becausethey predeceased Ramon. The law requires that one must be alive

to be capacitated to inherit. (Article 1025, NCC)

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