Civil Law REVISED

7/24/2019 Civil Law REVISED

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CIVIL LAW(1997)

I

II

Q. How would you compare

the Civil Law system in its

governance and trend with

that of the Common Lawsystem?

Q. In 1977, Mario and Clara, both Filipino citizens, were married in the Philippines. Three years later, they

went to the United States of America and established their residence in San Francisco, California. In 1987,

the couple applied for, and were granted, U.S. citizenship. In 1989, Mario, claiming to have been

abandoned by Clara, was able to secure a decree of divorce in Reno, Nevada, U.S.A.

In 1990, Mario returned to the Philippines and married Juana who knew well Marios past life.

(a) Is the marriage between Mario and Juana valid?


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III

IV

III Q. In the context that the term is used in

Civil Law, state the (a) concept, (b) requisites

and (c) consequences of a Prejudicial

Question

IV- Q. Luis and Rizza, both 26 years of age

and single, live exclusively with each other as

husband and wife without the benefit of

marriage. Luis is gainfully employed. Rizza is

not employed, stays at home, and takes

charge of the household chores.

After living together for a little over twenty

years, Luis was able to save from his salary

earnings during that period the amount of

P200,000.00 presently deposited in a bank. A

house and lot worth P500,000.00 was recently

purchased for the same amount by the couple.

Of the P500,000.00 used by the common-law

spouses to purchase the property,

P200,000.00 had come from the sale of palay

harvested from the hacienda owned by Luis

and P300,000.00 from the rentals of a building

belonging to Rizza. In fine, the sum of

P500,000.00 had been part of the fruits

received during the period of cohabitation from

their separate properties. A car worth

P100,000.00, being used by the common-law

spouses, was donated just months ago to

Rizza by her parents.

Luis and Rizza now decide to terminate their

cohabitation, and they ask you to give them

your legal advice on the following:

(a) How, under the law, should the bank


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V

V Q. Under what conditions, respectively,

may drug addiction be a ground, if at all, (a)

for a declaration of nullity of marriage, (b) for

an annulment of the marriage contract, and

(c) for legal separation between the

spouses?


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VI

VII

VIII

VI- Q. Pedro is the registered owner of a parcel of land

situated in Malolos, Bulacan. In 1973, he mortgaged the

land to the Philippine National Bank (PNB) to secure a

loan of P100,000.00. For Pedros failure to pay the loan,

the PNB foreclosed on the mortgage in 1980, and the

land was sold at public auction to PNB for being the

highest bidder. PNB secured title thereto in 1987.

VII Q. Marcelino, a treasure hunter as just a hobby,

has found a map which appears to indicate thelocation of hidden treasure. He has an idea of the

land where the treasure might possibly be found.

Upon inquiry, Marcelino learns that the owner of

the land, Leopoldo, is a permanent resident of

Canada. Nobody, however, could give him

Leopoldos exact address. Ultimately, anyway, he

enters the land and conducts a search. He

succeeds.

Leopoldo, learning of Marcelinos find, seeks to

recover the treasure from Marcelino but the latter is

not willing to part with it. Failing to reach an

agreement, Leopoldo sues Marcelino for the

VIII- Q. On 1 January 1980, Minerva, the

owner of a building, granted Petronila a

usufruct over the property until 01 June 1998

when Manuel, a son of Petronila, would have

reached his 30th birthday. Manuel, however,

died on 01 June 1990 when he was only 26

years old.

Minerva notified Petronila that the usufruct

had been extinguished by the death of

Manuel and demanded that the latter vacate

the premises and deliver the same to the

former. Petronila refused to vacate the place

on the ground that the usufruct in her favor

would expire only on 01 June 1998 when

Manuel would have reached his 30th

birthday and that the death of Manuel before

his 30th birthday did not extinguish the

usufruct.

Whose contention should be accepted?


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IX

X

IX - Q. (a) Distinguish between possession

and occupation as these terms are

commonly used in Book II and Book III of the

Civil Code.

(b) Are the effects of illegal and immoral

conditions on simple donations the same as

those effects that would follow when such

conditions are imposed on donations con

causa onerosa?

X- Q. Johnny, with no known living relatives,

executed a notarial will giving all his estate to

his sweetheart. One day, he had a serious

altercation with his sweetheart. A few days

later, he was introduced to a charming lady

who later became a dear friend. Soon after,

he executed a holographic will expresslyrevoking the notarial will and so designating

his new friend as sole heir. One day when he

was clearing up his desk, Johnny mistakenly

burned, along with other papers, the only

copy of his holographic will. His business

associate, Eduardo, knew well the contents

of the will which was shown to him by Johnny

the day it was executed. A few days after the

burning incident, Johnny died. Both wills

were sought to be probated in two separate

petitions.

Will either or both petitions prosper?


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XI

XI Q. T died intestate on 1 September

1997. He was survived by M (his mother), W

(his widow), A and B (his legitimate children),

C (his grandson, being the legitimate son of

B), D (his other grandson, being the son of E

who was a legitimate son of, and who

predeceased, T), and F (his grandson,

being the son of G, a legitimate son who

repudiated the inheritance from T). His

distributable net estate is P120,000.00.

How should this amount be shared in

XII- Q. X, the decedent, was survived by W

(his widow), A (his son), B (a granddaughter,

being the daughter of A) and C and D (the

two acknowledged illegitimate children of the

decedent). X died this year (1997) leaving a

net estate of P180,000.00. All were willing to

succeed, except A who repudiated the

inheritance from his father, and they seek

your legal advice on how much each can

expect to receive as their respective shares

in the distribution of the estate.

Give your answer.


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XII

XIII

XIV

XIII -On 01 January 1980, Redentor and

Remedios entered into an agreement by virtue

of which the former was to register a parcel of

land in the name of Remedios under the explicit

covenant to reconvey the land to Remigio, son

of Redentor, upon the sons graduation from

college. In 1981, the land was registered in the

name of Remedios.

Redentor died a year later or in 1982. In March

1983, Remigio graduated from college. In

February 1992, Remigio accidentally found a

copy of the document so constituting Remedios

as the trustee of the land. In May 1994,

Remigio filed a case against Remedios for the

reconveyance of the land to him. Remedios, in

her answer, averred that the action had already

prescribed.

How should the matter be decided?

XIV- Q. In two separate documents signed

by him, Juan Valentino obligated himself

each to Maria and to Perla, thus -

To Maria, my true love, I obligate myself to

give you my one and only horse when I feel

like it,

- and -

To Perla, my true sweetheart, I obligate

myself to pay you the P500.00 I owe you

when I feel like it.

Months passed but Juan never bothered to

make good his promises. Maria and Perla

came to consult you on whether or not they

could recover on the basis of the foregoing

settings.

What would your legal advice be?


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XV

XV - Q. State the basic difference (only in

their legal effects) -

(a) Between a contract to sell, on the one

hand, and a contract of sale, on the other;

(b) Between a conditional sale, on the one


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XVI

XVII

XVIII

XVI -Q. AB sold to CD a motor vehicle for

and in consideration of P120,000.00, to be

paid in twelve monthly equal installments of

P10,000.00, each installment being due and

payable on the 15th day of each month

starting January 1997.

To secure the promissory note, CD (a)

executed a chattel mortgage on the subject

motor vehicle, and (b) furnished a surety

bond issued by Philamlife. CD failed to pay

more than two (2) installments

AB went after the surety but he was only

able to obtain three-fourths (3/4) of the total

amount still due and owing from CD. AB

Q. Stating briefly the thesis to support your

answer to each of the following cases, will

the death -

(a) of the lessee extinguish the lease

agreement?

(b) of a partner terminate the partnership?

XVIII- Q. In order to secure a bank loan, XYZ Corporation

surrendered its deposit certificate, with a maturity date of 01

September 1997 to the bank. The corporation defaulted on

the due repayment of the loan, prompting the bank to encash

the deposit certificate. XYZ Corporation questioned the

above action taken by the bank as being a case of pactum

commisorium. The bank disagrees.


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XIX

XX

XIX -Q. (a) When would an employers

liability for damage, caused by an employee

in the performance of his assigned tasks, be

primary and when would it be subsidiary in

nature?

(b) Would the defense of due diligence in theselection and supervision of the employee be

available to the employer in both instances?

Q. On 10 September 1965, Melvin applied for a free

patent covering two lots - Lot A and Lot B - situated in

Santiago, Isabela. Upon certification by the Public Land

Inspector that Melvin had been in actual, continuous,

open, notorious, exclusive and adverse possession of

the lots since 1925, the Director of Land approved

Melvins application on 04 June 1967. On 26 December

1967, Original Certificate of Title (OCT) No. P-2277

was issued in the name of Melvin.

On 7 September 1971, Percival filed a protest alleging

that Lot B which he had been occupying and cultivating

since 1947 was included in the Free Patent issued in

the name of Melvin. The Director of Lands ordered the

investigation of Percivals protest. The Special

Investigator who conducted the investigation found that

Percival had been in actual cultivation of Lot B since

1947.

On 28 November 1986, the Solicitor General filed in

behalf of the Republic of the Philippines a complaint for

cancellation of the free patent and the OCT issued in

the name of Melvin and the reversion of the land to

public domain on the ground of fraud and

misrepresentation in obtaining the free patent. On thesame date, Percival sued Martin for the reconveyance

of Lot B.

Melvinfiledhisanswersinterposingthesoledefensein

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