1999 Civil Law

1. Unborn Child Died

2008-03-13T15:59:00.003+08:00

Elated that her sister who had been married for five years was pregnant for the first time, Alma donated P100,000.00 to the unborn child. Unfortunately, the baby died one hour after delivery. May Alma recover the P100,000.00 that she had donated to said baby before it was born considering that the baby died? Stated otherwise, is the donation valid and binding? Explain (5%)

2. Properties claimed

2008-03-13T15:58:00.002+08:00

Mr. and Mrs. Cruz, who are childless, met with a serious motor vehicle accident with Mr, Cruz at the wheel and Mrs. Cruz seated beside him, resulting in the instant death of Mr. Cruz, Mrs. Cruz was still alive when help came but she also died on the way to the hospital. The couple acquired properties worth One Million (P1,000,000.00) Pesos during their marriage, which are being claimed by the parents of both spouses in equal shares. Is the claim of both sets of parents valid and why? (3%)

(b) Suppose in the preceding question, both Mr. and Mrs. Cruz were already dead when help came, so that nobody could say who died ahead of the other, would you answer be the same to the question as to who are entitled to the properties of the deceased couple? (2%)

3. Status of the following marriages

2008-03-13T15:56:00.001+08:00

What is the status of the following marriages and why?

(a) A marriage between two 19-year olds without parental consent. [2%|

(b) A marriage between two 21-year olds without parental advice. [2%)

(d) A marriage between two Filipinos in Hongkong before a notary public. (2%)

(e) A marriage solemnized by a town mayor three towns away from his jurisdiction. (2%)

4. Divorce

2008-03-13T15:45:00.001+08:00

Ben and Eva were both Filipino citizens at the time of their marriage in 1987. When their marriage turned sour, Ben went to a small country in Europe, got himself naturalized there, and then divorced Eva in accordance with the law of that country. Later, he returned to the Philippines with his new wife.

Eva now wants to know what action or actions she file against Ben, She also wants to know if she can likewise marry again. What advice can you give her? (5%)

5. Presumptive legitime

2008-03-13T15:42:00.001+08:00

What do you understand by "presumptive legitime", in what case or cases must the parent deliver such legitime to the children, and what are the legal effects in each case if the parent fails to do so? (5%)

6. Illegitimate Child

2008-03-13T15:28:00.002+08:00

a) Two (2) months after the death of her husband who was shot by unknown criminal elements, on his way home from office, Rose married her childhood boyfriend, and seven (7) months after said marriage, she delivered a baby. In the absence of any evidence from Rose as to who is her child's father, what status does the law give to said child? Explain (2%)

(b) Nestor is the illegitimate son of Dr. Perez. When Dr. Perez died_, Nestor intervened in the settlement of his father's estate, claiming that he is the illegitimate son of said deceased, but the legitimate family of Dr. Perez is denying Nestor's claim. What evidence or evidences should Nestor present so that he may receive his rightful share in his father's estate? (3%)

7. Heirs of his estate

2008-03-13T15:21:00.002+08:00

(a) Mr. Cruz, widower, has three legitimate children, A, B and C. He executed a Will instituting as his heirs to his estate of One Million (P1,000.000.00) Pesos his two children A and B, and his friend F. Upon his death, how should Mr. Cruz’s estate be divided? Explain. [3%]

(b) In the preceding question, suppose Mr. Cruz instituted his two children A and B as his heirs in his Will, but gave a legacy of P 100,000.00 to his friend F. How should the estate of Mr. Cruz be divided upon his death? Explain. (2%)

8. Widower gave birth to child

2008-03-13T15:08:00.002+08:00

(a.) Mr. Palma, widower, has three daughters D, D-l and D-2. He executes a Will disinheriting D because she married a man he did not like, and instituting daughters D-1 and D-2 as his heirs to his entire estate of P 1,000,000.00. Upon Mr. Palma's death, how should his estate be divided? Explain. (5%)

(b.) Mr. Luna died, leaving an estate of Ten Million (P10,000,000.00) Pesos. His widow gave birth to a child four months after Mr. Luna's death, but the child died five hours after birth. Two days after the child's death, the widow of Mr. Luna also died because she had suffered from difficult childbirth. The estate of Mr. Luna is now being claimed by his parents, and the parents of his widow. Who is entitled to Mr. Luna's estate and why? (15%)

9. Boundaries of the adjoining lots

2008-03-13T14:41:00.002+08:00

(a) Because of confusion as to the boundaries of the adjoining lots that they bought from the same subdivision company, X constructed a house on the adjoining lot of Y in the honest belief that it is the land that he bought from the subdivision company. What are the respective rights of X and Y with respect to X's house? (3%)

(b) Suppose X was in good faith but Y knew that X was constructing on his (Y’s) land but simply kept quiet about it, thinking perhaps that he could get X's house later. What are the respective rights of the parties over X's house in this case? (2%)

10. Deed of sale of aforesaid land

2008-03-13T14:35:00.001+08:00

The spouses X and Y mortgaged a piece of registered land to A, delivering as well the OCT to the latter, but they continued to possess and cultivate the land, giving 1/2 of each harvest to A in partial payment of their loan to the latter. A, however, without the knowledge of X and Y, forged a deed of sale of the aforesaid land in favor of himself, got a TCT in his name, and then sold the land to B, who bought the land relying on A's title, and who thereafter also got a TCT in his name. It was only then that the spouses X and Y learned that their land had been titled in B's name. May said spouses file an action for reconveyance of the land in question against b? Reason. (5%)

11. Sell house and lot upon passing the bar examination

2008-03-13T14:23:00.001+08:00

In 1997, Manuel bound himself to sell Eva a house and lot which is being rented by another person, if Eva passes the 1998 bar examinations. Luckily for Eva, she passed said examinations.

(a) Suppose Manuel had sold the same house and lot to another before Eva passed the 1998 bar examinations, is such sale valid? Why? (2%)

(b) Assuming that it is Eva who is entitled to buy said house and lot, is she entitled to the rentals collected by Manuel before she passed the 1998 bar examinations? Why? (3%)

12. Sale of homestead land, public land law

2008-03-13T14:17:00.002+08:00

In 1950, the Bureau of Lands issued a Homestead patent to A. Three years later, A sold the homestead to B. A died in 1990, and his heirs filed an action to recover the homestead from B en the ground that its sale by their father to the latter is void under Section 118 of the Public Land Law. B contends, however, that the heirs of A cannot recover the homestead from him anymore because their action has prescribed and that furthermore, A was in pari delicto. Decide. (5%)

13. Maceda and Recto laws

2008-03-13T14:14:00.001+08:00

What are the so-called "Maceda” and “Recto" laws in connection with sales on installments? Give the most important features of each law. (5%)

14. Lessee and Sublease

2008-03-13T14:11:00.001+08:00

(a) May a lessee sublease the property leased without the consent of the lessor, and what are the respective liabilities of the lessee and sub-lessee to the lessor in case of such sublease? (3%)

(b) Under what circumstances would an implied new lease or a tacita reconduccion arise? (2%)

15. Agency

2008-03-13T14:02:00.001+08:00

(a) X appoints Y as his agent to sell his products in Cebu City. Can Y appoint a sub-agent and if he does, what are the effects of such appointment? (5%)

(b) A granted B the exclusive right to sell his brand of Maong pants in Isabela, the price for his merchandise payable within 60 days from delivery, and promising B a commission of 20% on all sales. After the delivery of the merchandise to B but before he could sell any of them, B's store in Isabela was completely burned without his fault, together with all of A's pants. Must B pay A for his lost pants? Why? (5%)

16. Compare Chattel mortgage from Contract of pledge

2008-03-13T13:54:00.001+08:00

(a) Distinguish a contract of chattel mortgage from a contract of pledge. (2%)

(b) Are the right of redemption and the equity of redemption given by law to a mortgagor the same? Explain. (2%)

(c) X borrowed money from Y and gave a piece of land as security by way of mortgage. It was expressly agreed between the parties in the mortgage contract that upon nonpayment of the debt on time by X, the mortgaged land would already belong to Y. If X defaulted in paying, would Y now become the owner of the mortgaged land? Why? (3%)

(d) Suppose in the preceding question, the agreement between X and Y was that if X failed to pay the mortgage debt on time, the debt shall be paid with the land mortgaged by X to Y. Would your answer be the same as in the preceding question? Explain. (3%)

2008-03-13T11:17:00.008+08:00

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