1) Is there any difference in their legal effect between ignorance of the law and ignorance or mistake of fact?
Will the action prosper? Explain.
On April 15, 1903, Jose, an engineer, and Marina, a nurse, were married to each other in a civil ceremony in Boac, Marinduque. Six months after their marriage. Jose was employed in an oil refinery in Saudi Arabia for a period of three years. When he returned to the
If you were the Judge, will you grant the annulment. Explain.
On Valentine's Day 1996, Elias and Fely, both single and 25 years of age, went to the city hall where they sought out a filter to help them obtain a quickie marriage. For a fee, the fixer produced an ante-dated marriage license for them, issued by the Civil Registrar of a small remote municipality. He then brought them to a licensed minister in a restaurant behind the city hall, and the latter solemnized their marriage right there and then.
1) Is their marriage valid, void or voidable? Explain.
1) Flor and Virgilio were married to each other in
1) On the occasion of Digna’s marriage to George, her father gave her a donation propter nuptias of a car. Subsequently, the marriage was annulled because of the psychological immaturity of George.
May Digna’s father revoke the donation and get back the car? Explain.
Bartolome constructed a chapel on the
David is the owner of the subdivision in Sta, Rosa, Laguna. without an access to the highway. When he applied for a license to establish the subdivision, David represented that he will purchase a rice field located between his land and the highway, and develop it into an access road. But when the license was already granted, he did not bother to buy the rice field, which remains unutilized until the present. Instead, he chose to connect his subdivision with the neighboring subdivision of Nestor, which has an access to the highway. Nestor allowed him to do this, pending negotiations on the compensation to be paid. When they failed to arrive at an agreement, Nestor built a wall across the road connecting with David's subdivision. David filed a complaint in court, for the establishment of an easement of right of way through the subdivision of Nestor which he claims to be the most adequate and practical outlet to the highway.
1) What are the requisites for the establishment of a compulsory easement of a right of way?
Sometime in 1955, Tomas donated a parcel of land to his stepdaughter Irene, subject to the condition that she may not sell, transfer or cede the same for twenty years. Shortly thereafter, he died. In 1965. because she needed money for medical expenses. Nene sold the land to Conrado. The following year, Irene died, leaving as her sole heir a son by the name of Armando. When Armando learned that the land which he expected to inherit had been sold by Irene to Conrado, he filed an action against the latter for annulment of the sale, on the ground that it violated the restriction imposed by Tomas, Conrado filed a motion to dismiss, on the ground that Armando did not have the legal capacity to sue.
If you were the Judge, how will you rule on this motion to dismiss? Explain
1) Vanessa died on April 14, 1960, leaving behind a holographic will which is entirely written, dated and signed in her own handwriting. However, it contains insertions and cancellations which are not authenticated by her signature. For this reason, the probate of Vanessa's will was opposed by her relatives who stood to inherit by her intestacy.
May Vanessa's holographic will be probated? Explain.
Cristina, the illegitimate daughter of Jose and Maria died intestate, without any descendant or ascendant. Her valuable estate is being claimed by Ana, the legitimate daughter of Jose, and Eduardo, the legitimate son of Maria.
Is either, both, or neither of them entitled to inherit? Explain.
Baldomero leased his house with a telephone to Jose. The lease contract provided that Jose shall pay for all electricity, water and telephone services in the leased premises during the period of the lease. Six months later. Jose surreptitiously vacated the premises. He left behind unpaid telephone bills for overseas telephone calls amounting to over P20,000.00. Baldomero refused to pay the said bills on the ground that Jose had already substituted him as the customer of the telephone company. The latter maintained that Baldomero remained as his customer as far as their service contract was concerned, notwithstanding the lease contract between Baldomero and Jose.
Who is correct, Baldomero or the telephone company? Explain.
In December 1985, Salvador and the Star Semiconductor Company (SSC) executed a Deed of Conditional Sale wherein the former agreed to sell his 2,000 square meter lot in Cainta, Rizal, to the latter for the price of P1,000.000.00, payable P100,000.00 down, and the balance 60 days after the squatters in the property have been removed. If the squatters are not removed within six months, the P100,000.00 down payment shall be returned by the vendor to the vendee.
Will the action prosper? Explain.
Ubaldo is the owner of a building which has been leased by Remigio for the past 20 years. Ubaldo has repeatedly assured Remigio that if he should decide to sell the building, he will give Remigio the right of first refusal. On June 30, 1994, Ubaldo informed Remigio that he was willing to sell the building for P5 Million. The following day. Remigio sent a letter to Ubaldo offering to buy the building at P4.5 Million. Ubaldo did not reply. One week later, Remigio received a letter from
1) Will the action prosper? Explain.
In the province, a farmer couple borrowed money from the local merchant. To guarantee payment, they left the Torrens Title of their land with the merchant, for him to hold until they pay the loan. Is there a -
a| contract of pledge,
b) contract of mortgage.
c) contract of antichresis, or
d) none of the above?
Marcial, who does not know how to drive, has always been driven by Ben, his driver of ten years whom he had chosen carefully and has never figured in a vehicular mishap. One day, Marcial was riding at the back seat of his Mercedes Benz being driven along EDSA by Ben. Absorbed in reading a book Marcial did not notice that they were approaching the corner of Quezon, Avenue, when the traffic light had just turned yellow. Ben suddenly stepped on the gas to cross the intersection before the traffic light could turn red. But, too late. Midway in the intersection, the traffic light changed, and a jeepney full of passengers suddenly crossed the car's path. A collision between the two vehicles was inevitable. As a result, several jeepney passengers were seriously injured. a SUIT for damages based on culpa aquiliana was filed against Marcial and Ben, seeking to hold them jointly and severally liable for such injuries.
May Marcial be held liable? Explain.
In 1989, the heirs of Gavino who died on August 10, I987, filed a petition for reconstitution of his lost or destroyed Torrens Title to a parcel of land in Ermita,
If you were the Judge, how will you decide the petition? Explain.
Is their claim correct? Explain.