1996 Civil Law

01. Differentiate Legal Effect Between Ignorance of the Law

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1) Is there any difference in their legal effect between ignorance of the law and ignorance or mistake of fact?

02.

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Rosa was leasing an apartment in the city. Because of the Rent Control Law, her landlord could not increase the rental as much as he wanted to, nor terminate tier lease as long as she was paying her rent. In order 10 force her to leave the premises, the landlord stopped making repairs on the apartment, and caused the water and electricity services to be disconnected. The difficulty of living without electricity and running water resulted in Rosa^’s suffering a nervous breakdown. She sued the landlord for actual and moral damages.

Will the action prosper? Explain.

03. Annulment of Marriage

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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 Philippines, Marina was no longer living in their house, but in Zamboanga City, working in a hospital. He asked her to come home, but she refused to do so, unless he agreed not to work overseas anymore because she cannot stand living alone. He could not agree as, in fact, he had signed another three year contract. When he returned in 1989, he could not locate Marina anymore. In 1992, Jose filed an action served by publication in a newspaper of general circulation. Marina did not file any answer. A possible collusion between the parties was ruled out by the Public Prosecutor. Trial was conducted, and Marina neither appeared nor presented evidence in her favor.

If you were the Judge, will you grant the annulment. Explain.

04. Void or Voidable Marriage

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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.

05. Remarrying

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1) Flor and Virgilio were married to each other in Roxas City in 1980. In 1984, Flor was offered a teaching job in Canada, which she accepted. In 1989, she applied for and was granted Canadian citizenship. The following year, she sued for divorce from Virgilio in a Canadian court. After Virgilio was served with summons, the Canadian court tried the case and decreed the divorce. Shortly thereafter, Flor married a Canadian.

Can Virgilio marry again in the Philippines? Explain.

06. Propter Nuptias

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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.

07. Possessor of the Land in Good Faith

2008-03-23T23:30:00.000-07:00

Bartolome constructed a chapel on the land of Eric. What are Bartolome's rights if he were:

1) a possessor of the land in good faith?

08. Requisites of Right of Way

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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?

09. Parcel of Land Donated Being Sold

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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

10. Holographic Will

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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.

11. Illegitimate and Legitimate Child Entitled to Inherit

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Cristina, the illegitimate daughter of Jose and Mariadied 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.

12. Lease Contract

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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.

13. Deed of Sale

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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.

Salvador filed ejectment suits against the squatters, but in spite of the decisions in his favor, the squatters still would not leave. In August, 1966 Salvador offered to return the P100,000.00 down payment to the vendee, on the ground that he is unable to remove the squatters on the property. SSC refused to accept the money and demanded that Salvador execute a deed of absolute sale of the property in its favor, at which time it will pay the balance of the price. Incidentally, the value of the land had doubled by that time.

Salvador consigned the P100,000.00 in court, and filed an action for rescission of the deed of conditional sale, plus damages.

Will the action prosper? Explain.

14.

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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 Santos informing him that the building has been sold to him by Ubaldo for P5 Million, and that he will not renew Remigio's lease when it expires. Remigio filed an action against Ubaldo and Santos for cancellation of the sale and to compel Ubaldo to execute a deed of absolute sale in his favor, based on his right of first refusal.

1) Will the action prosper? Explain.

15. Contract of Payment

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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?

Explain.

16. Suit for Damages Based on Culpa Aquilina

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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.

17. Petition for Reconstitution

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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, Manila. This was opposed by Marilou, who claimed ownership of the said land by a series of sales. She claimed that Gavino had sold the property to Bernardo way back in 1941, and as evidence thereof, she presented a Tax Declaration in 1948 in the name of Bernardo, which cancelled the previous Tax Declaration in the name of Gavino. Then she presented two deeds of sale duly registered with the Register of Deeds, the first one executed by Bernardo in 1954, selling the same property to Carlos, and the second one executed by Carlos in 1963_,selling the same property to her. She also claimed that she and her predecessors in interest have been in possession of the properly since 1948.

If you were the Judge, how will you decide the petition? Explain.

18. Employment Contract

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Alma was hired as a domestic helper in Hongkong by the Dragon Services, Ltd.. through its local agent. She executed a standard employment contract designed by the Philippine Overseas Workers Administration (POEA) for overseas Filipino workers. It provided for her employment for one year at a salary of US$1,000.00 a month. It was submitted to and approved by the POEA. However, when she arrived in Hongkong, she was asked to sign another contract by Dragon Services, Ltd, which reduced her salary to only US$600.00 a month. Having no other choice. Alma signed the contract but when she returned to the Philippines, she demanded payment of the salary differential of US$400.00 a month. Both Dragon Services. Ltd. and Its local agent claimed that the second contract is valid under the laws of Hongkong, and therefore binding on Alma.

Is their claim correct? Explain.

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