2007 bar questions and suggested answers (CIVIL LAW)

I. Distinguish the following concepts: 1. Occupation v. possession. (5%) Occupation is a mode of acquiring ownership which involves some form of holding ( rticles !1" # !1$% &ew 'ivil 'ode). (ossession is the holding of a thing or the en)o*ment of a right. ( rticle 5$"% &''). Occupation can ta+e place onl* with respect to propert* without an owner% while possession can refer to all +inds of propert*% whether with or without an owner. Occupation in itself% when proper% confers ownership, -ut possession does not -* itself give rise to ownership. (II .olentino% 'ivil 'ode% 1//" ed.% p. 01/). ". Illegal and impossi-le conditions in a simple donation v. illegal and impossi-le conditions in an onerous donation. (5%) Illegal or imposa-le conditions in simple conditions are considered as not imposed% hence the donation is valid. ( rt. !"!% &''). On the other hand% donations with an onerous cause shall -e governed -* the rules on contract ( rt. !$$% &''). 2nder rt. 111$ 3f the &ew 'ivil 'ode% 4(I)mpossi-le conditions% those contrar* to good customs or pu-lic polic* and those prohi-ited -* law shall annul the o-ligation which depends upon them.5 .hus% the onerous donation is void. II. (13%) 6anila (etroleum 'o. owned and operated a petroleum operation facilit* off the coast of 6anila. .he facilit* was located on a floating platform made of wood and metal% upon which was permanentl* attached the heav* equipment for the petroleum operations and living quarters of the crew. .he floating platform li+ewise contained a garden area% where trees% plants and flowers were planted. .he platform was tethered to a ship% the 67 131% which was anchored to the sea-ed. 1. Is the platform mova-le or immova-le propert*8 lternative nswer: .he platform is an immova-le propert* -* destination. It was intended -* the owner to remain at a fi9ed place on a river or coast. rticle 015(/) of the &ew 'ivil 'ode considers as a real propert* 4doc+s and structures which% though% floating% are intended -* their nature and o-)ect to remain at a fi9ed place on a river% la+e or coast.5 &O. :;&;: In <els ;nerg*% Inc. v. .he (rovince of :atangas% et.al.% =.>. &o. 1?155!% <e-ruar* 1?% "33!% the 'ourt ruled that the power -arges moored off the coast of :ala*an% :atangas are real propert* under rticle 015(/) of the 'ivil 'ode. .his case is -e*ond the coverage of the "33! :ar ;9am. lternative nswer: .he platform is a mova-le propert* if it is not permanentl* attached or anchored to the ship or sea-ed. s a result% it ma* -e -rought from place to place for various purposes or ma* -e towed or tethered to other vessels. ". re the equipment and living quarters mova-le or immova-le propert*8 lternative nswer: @ith respect to the equipment% the same is real propert* under paragraph 5 of rticle 015% &''. It is intended to meet the needs of the industr* -eing underta+en -* 6anila (etroleum 'o. .he equipment parta+es of the nature of the immova-le upon which it has -een placed.

2007 bar questions and suggested answers (CIVIL LAW)

.he living quarters% if attached to the immova-le platform with permanence% -ecomes an immova-le as well. (ermanence means the* cannot -e separated without destro*ing the platform or the quarters. ( rt. 015A$B% &''). On the other hand% if the attachment is not permanent% or is merel* superimposed on the platform% then the living quarters are mova-le propert*. lternative nswer: @ith respect to the equipment% the same is real propert* under paragraph 5 of rticle 015. It is intended to meet the needs of industr* -eing underta+en -* 6anila (etroleum 'o. .he equipment parta+es of the nature of the immova-le upon which it has -een placed. If the platform is mova-le propert*% then the living quarters are mova-le propert* as well -ecause the* parta+e of the nature of the platform to which the* are attached. $. re the trees% plants and flowers immova-le or mova-le propert*8 lternative nswer: .he trees% plants and flowers are also immova-le% having -een 4planted5 in the garden area under rt. 015(") which provides that 4.rees% plants% and growing fruits% while the* are attached to the land or form an integral part of the immova-le5 are li+ewise immova-le propert*. lternative nswer: If the platform is mova-le propert*% then the trees% plants and flowers are mova-le -ecause the* are not attached to the land or form an integral part of an* immova-le. (par."% rt. 015% &'') III. ;9plain the following concepts and doctrines and give an e9ample of each: 1. concept of trust de son tort (constructive trust) (5%) constructive trust is a form of implied trust created -* equit* to meet the demands of )ustice. It arises contrar* to intention against one who% -* fraud% duress% or a-use of confidence% undue influence or mista+e or -reach of fiduciar* dut* or wrongful disposition of anotherCs propert*% o-tains or holds the legal right to propert* which he is not entitled to under the law. (Duang v. 'ourt of ppeals% =.>. &o. 1315"5% Eeptem-er 1$% 1//0). n e9ample of constructive trust is when a propert* is acquired through mista+e or fraud% the person o-taining it% is -* force of law% considered a trustee of an implied trust for the -enefit of the person from whom the propert* comes. ( rt. 105?% &''). ". doctrine of discovered peril (last clear chance) (5%) .he doctrine of discovered peril% is also +nown as the doctrine of last clear chance% applies in a situation where -oth parties are negligent so that the part* who had the last clear chance or opportunit* to avoid the accident -* proper care% -ut failed to do so% is considered solel* responsi-le for the accident. ((icart v. Emith% =.>. &o. FG1""1/% 6arch 15% 1/11). <or e9ample% if a truc+ driver saw an oncoming car that swerved and entered the truc+Cs lane to avoid running over a pedestrian% and the truc+ driver did not slow down or move to the side of the road and give wa* to the oncoming car% even though he could have done so to avoid a collision% then the truc+ driver shall -e solel* responsi-le for the accident. (6c+ee v. I '% =.>. &o. FG?113"% Hul* 1?% 1//"). I7. (13%) :edroc+ Fand # (ropert* Development 'orp. is a development compan* engaged in developing and selling su-divisions% condominium units and industrial estates. In order to replenish its inventories% it em-ar+ed on an aggressive land -an+ing program. It emplo*ed IscoutsI who roam all over the (hilippines to loo+ for and conduct investigations on prospective sites for acquisition and development% whether developed% semiGdeveloped or raw land. .he management of :edroc+ as+s *ou as the compan* counsel to
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2007 bar questions and suggested answers (CIVIL LAW)

prepare a manual containing a summar* of the pertinent laws and regulations relating to land registration and acquisition of title to land. .he manual should include the following items: Euppl* this information. 1. @hat is the governing law8 Depending on the transaction involved% one or more of the following will -e the governing laws relating to land acquisition of title to land are as follows: 1. (.D. &o. 15"/ ((ropert* >egistration Decree) ". (u-lic Fand Faw (' &o. 101% as amended) $. .he 'ivil 'ode of the (hilippines 0. ct &o. ""5/ (.he 'adastral ct) 5. Eection 1/0 of the dministrative 'ode as amended -* ct &o. "1$! and ct &o. $$00 (E*stem of >ecording for 2nregistered >eal ;state) ?. (.D. &o. 13!$ (;9tending the (eriod for dministrative and Hudicial FegaliJation of Imperfect .itle) !. rticle KII of the 1/1! 'onstitution 1. (.D. &o. /5! ( n ct >egulating the Eale of Eu-divisions and 'ondominiums) /. >. . 0"!? ( n ct mending (.D. &o. /5!) 13. >eal (ropert* .a9 'ode ". @hat properties are not registra-le8 @ith respect to the land -an+ing program of :edroc+% the following properties ma* not -e registered under the .orrens E*stem with an* >egister of Deeds: (a) inaliena-le lands of the pu-lic domain, and (-) those prohi-ited under the 'onstitution (such as national par+s% mineral lands% forest or tim-er lands and agricultural lands not classified as aliena-le and disposa-le.) 7. (13%) @hat are o-ligations without an agreementI8 =ive five e9amples of situations giving rise to this t*pe of o-ligations8 O-ligations without an agreement are those which are not -ased on contract. part from contracts% o-ligations ma* arise from (1) law, (") qausiGcontract, ($) delict, and (0) quasiGdelict. ;9amples of situations giving rise to 4O-ligations without an agreement5 are as follows: 1. law was passed requiring the pa*ment of a specific +ind of ta9. ". If something is received when there is no right to demand it% and it was undul* delivered through mista+e% the o-ligation to return it arises. ( rticle "150% &'') $. @hen a person voluntaril* ta+es charge of the agenc* or management of the -usiness or propert* of anther% without an* power from the latter% he is o-liged to continue the same until the termination of the affair and its incidents% or to require the person concerned to su-stitute him% if the owner is in a position to do so. .his )uridical relation does not arise in either of these instances: a. @hen the propert* or -usiness is not neglected or a-andoned, -. If in fact the manager has -een tacitl* authoriJed -* the owner ( rticle "100% &'') 0. person% through negligence% caused damage or in)ur* to another. 5. person intentionall* damaged a propert* of another.

?. .he o-ligation -* the recipient to return what has -een paid or delivered to him -* mista+e% the recipient not having the right to demand it% is one that arises from quasiGcontract ( rticle "150% &'') !. .he o-ligation of the culprit to pa* actual damages for causing the death of a person is one which arises from delict or crime ( rt. ""3?% &'')

2007 bar questions and suggested answers (CIVIL LAW)

1. .he o-ligation of the tortfeasor to pa* damages for in)uries or damages caused -* him to another person due to his act or omission% characteriJed -* fault or negligence% is one which arises from quasiGdelict ( rt. "1!?% &'') and /. .he o-ligation to pa* reward for a certain act or accomplishment pursuant to a promise made to the general pu-lic is an o-ligation -ased on unilateral promise. 7I. (13%) 'lara% thin+ing of her mortalit*% drafted a will and as+ed >o-erta% Dannah% Fuisa and :en)amin to -e witnesses. During the da* of the signing of her will% 'lara fell down the stairs and -ro+e -oth her arms. 'oming from the hospital% 'lara insisted on signing her will -* thum- mar+ and said that she can sign her full name later. @hile the will was -eing signed% >o-erta e9perienced a stomach ache and +ept going to the restroom for long periods of time. Dannah% while waiting for her turn to sign the will% was reading the !th Darr* (otter -oo+ on the couch% -eside the ta-le on which ever*one was signing. :en)amin% aside from witnessing the will% also offered to notariJe it. wee+ after% 'lara was run over -* a drun+ driver while crossing the street in =reen-elt. 6a* the will of 'lara -e admitted to pro-ate8 =ive *our reasons -riefl*. Les% the will of 'lara ma* -e pro-ated. thum-mar+ has -een considered -* the Eupreme 'ourt as a valid signature if intended -* the testator to -e his signature. (=arcia v. Fa 'uesta% =.>. &o. FG03?!% &ovem-er "/% 1/51, De =ala v. =onJales% =.>. &o. FG$!!5?% &ovem-er "1% 1/$$). .he three witness rule required for the validit* of an ordinar* will is satisfied provided either of the two conditions e9ists: 1. >o-erta could see 'lara and the other witnesses sign the will at an* time while she was in the toilet% had she wanted to. ". If >o-erta could not have seen 'lara and the other witnesses sign the will% the same is valid if the will was ac+nowledged -efore a &otar* (u-lic other than :en)amin. It is not necessar* that the testator or the witnesses should actuall* see the others su-scri-e their names to the instrument% provided that he is position to see them sign if he chooses (&era v. >imando% =.>. &O. 5/!1% <e-ruar* "!% 1/11, Lap .ua v. Lap Ma Muan% =.>. &o. FG?105% Eeptem-er 1% 1/10). .hus% the signing must -e considered to -e in the presence of Dannah% who was reading a -oo+ on the couch -eside the ta-le. 7II. @rite I.>2;I if the statement is true or I< FE;I if the statement is false. If the statement is < FE;% state the reason. ("% each). 1. >o-erta% a <ilipino% 1! *ears of age% without the +nowledge of his parents% can acquire a house in ustralia -ecause ustralian Faws allow aliens to acquire propert* from the age of 1?. ("%) .>2; ". If a man commits several acts of se9ual infidelit*% particularl* in "33"% "33$% "330% "335% the prescriptive period to file for legal separation runs from "33". ("%) < FE;. ;ver* act of se9ual infidelit* committed -* the man is a ground for legal separation under rticle 55(1) of the <amil* 'ode (.olentino% 'ivil 'ode% 1//3 ed.% $"1) Dence% the prescriptive period -egins to run upon the commission of each act of infidelit*. $. n individual% @hile single% purchases a house and lot in 1//3 and -orrows mone* in 1//" to repair it. In 1//5% such individual gets married while the de-t is still -eing paid. fter the marriage% the de-t is still
0

2007 bar questions and suggested answers (CIVIL LAW)

the responsi-ilit* of such individual. ("%) lternative nswer: < FE;. 2nder rticle /0(!) of the <amil* 'ode% anteGnuptial de-ts of either spouse shall -e considered as the lia-ilit* of the a-solute communit* propert* insofar as the* have redounded to the -enefit of the famil*. lternative nswer: .>2; 0. .he da* after Hohn and 6arsha got married% Hohn told her that he was impotent. 6arsha continued to live with Hohn for " *ears. 6arsha is now estopped from filing an annulment case against Hohn. < FE;. 6arsha is not estopped from filing an annulment case against Hohn on the ground of impotenc* under rticle 05(5) of the <amil* 'ode. 2nli+e the other grounds for annulment of voida-le marriages which are su-)ect to ratification -* continued coha-itation% the law does not allow ratification under rticle 05(5). 5. mor gave -irth to .helma when she was 15 *ears old. .hereafter% mor met David and the* got married when she was "3 *ears old. David had a son% Hulian% with his e9Ggirlfriend Eandra. Hulian and .helma can get married. lternative nswer: .>2;. lternative nswer: < FE;. If the marriage was solemniJed during the effectivit* of the &ew 'ivil 'ode% the marriage -etween step-rother and stepsister is void ( rticle 13A!B). Dowever% under the <amil* 'ode% this marriage ma* -e valid. ( rticle $1% <') 7III. (13%) In 1/1?% Hennifer and :rad were madl* in love. In 1/1/% -ecause a certain (icasso painting reminded :rad of her% Hennifer acquired it and placed it in his -edroom. In 1//3% :rad and Hennifer -ro+e up. @hile :rad was mending his -ro+en heart% he met ngie and fell in love. :ecause the (icasso painting reminded ngie of him% :rad in his will -equeathed the painting to ngie. :rad died in 1//5. Eaddened -* :radCs death% Hennifer as+ed for the (icasso painting as a remem-rance of him. ngie refused and claimed that :rad% in his will% -equeathed the painting to her. Is ngie correct8 @h* or wh* not8 ngie is not correct. .he painting is not a propert* of :rad which he can dispose -* will. ;ven if the painting was -ought while the* were madl* in love% there can -e no valid donation of such a valua-le painting -ecause it was not reduced to writing as required -* rticle !01($) of the &ew 'ivil 'ode. .herefore% this is a legac* of propert* not owned -* the testator. If :rad +new that he did not own the painting% it ma* -e considered as an instruction to acquire the painting from ngie. Dowever% if he erroneousl* -elieved he owned the painting% the legac* is void. IK. 6ultiple choice: 'hoose the right answer. ("% each) 1. .he parties to a -ailment are the: a. -ailor, -. -ailee,

2007 bar questions and suggested answers (CIVIL LAW)

c. comodatario, d. all the a-ove, e. letters a and ; ". deposit made in compliance with a legal o-ligation is:

a. an e9tra)udicial deposit, -. a voluntar* deposit, c. a necessar* deposit, d. a deposit with a warehouseman, e. letters a and ' $. contract of antichresis is alwa*s:

a. a written contract, -. a contract% with a stipulation that the de-t will -e paid through receipt of the fruits of an immova-le, c. Involves the pa*ment of interests% if owing, d. ll of the a-ove, e. Fetters a and D 0. n% assignee in a proceeding under the Insolvenc* Faw does not have the dut* of: a. suing to recover the properties of the state of the insolvent de-tor, -. selling propert* of the insolvent de-tor, c. ensuring that a de-tor corporation operate the -usiness efficientl* and effectivel* while the proceedings are pending, d. collecting and discharging de-ts owed to the insolvent de-tor. ' 5. In order to o-tain approval of the proposed settlement of the de-tor in an insolvenc* proceeding. a. the court must initiate the proposal -. "N$ of the num-er of creditors should agree to the settlement, c. $N5 of the num-er of creditors should agree to the settlement, d. 1N$ of the total de-ts must -e represented -* the approving creditors, e. Fetters a and :

2007 bar questions and suggested answers (CIVIL LAW)

K. (13%) <or purposes of this question% assume all formalities and procedural requirements have -een complied with.In 1/!3% >amon and Dessa got married. (rior to their marriage% >amon had a child% nna. In 1/!1 and 1/!"%>amon and Dessa legall* adopted 'herr* and 6ichelle%respectivel*. In 1/!$% Dessa died while giving -irth to Farr*. nna had a child% Fia. nna never married. 'herr*% on the other hand% legall* adopted Ehell*. Farr* had twins% Dans and =retel% with his girlfriend% <iona. In "335% nna% Farr*%and 'herr* died in a car accident. In "33!% >amon died.@ho ma* inherit from >amon and who ma* not8 =ive *our reasons -riefl*. Fia and 6ichele are the onl* possi-le heirs of >amon. Fia succeeds -* representation of nna who% if she is an illegitimate child of >amon% ma* -e represented -* her descendants. ( rticle //3% &''). If nna is a legitimate child% Fia ma* not inherit ( rticle //"% &'') 6ichelle ma* inherit as an adopted child of >amon% unless the word 4respectivel*5 means she was adopted onl* -* Dessa. In the latter case% 6ichelle will not inherit from >amon. Ehell* cannot inherit from >amon. Ehe cannot represent 'herr* in the inheritance of >amon since filiation created -* adoption is e9clusivel* -etween the adopter and the adopted. .he legal relationship does not e9tend to the children of the adopted. (>a-u*a% Faw on (ersons and <amil* >elations% "33? ed.% III .olentino% 'ivil 'ode% 1//" ed.% 001G00/). Dans and =a-riel% -eing illegitimate children of Farr*% cannot inherit from >amon a- intestato -ecause of the -arrier -etween the legitimate and the illegitimate. ( rticle //"% &'') Dessa% na % Farr* and 'herr* will not inherit from >amon -ecause the* predeceased >amon. .he law requires that one must -e alive to -e capacitated to inherit. ( rticle 13"5% &'')