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[Below are the Multiple Choice Questions asked in the 2013 Bar Exams in Labor Law !

nswers are hi"hli"hted # 1. Armand died intestate. His full-blood brothers, Bobby and Conrad, and half-blood brothers, Danny, Edward and Floro, all predeceased him. he followin! are the sur"i"in! relati"es# 1. Benny and Bonnie, le!itimate children of Bobby$ %. Cesar, le!itimate child of Conrad$ &. Dante, ille!itimate child of Danny$ '. Ernie, adopted child of Edward$ and (. Feli), !randson of Floro. he net "alue of Armand*s estate is +1,%,,,,,,. 1.a. How much do Benny and Bonnie stand to inherit by ri!ht of representation- .1/0 $!% &200'000 $B% &300'000 $C% &(00'000 $)% &1*0'000 $E% +one o, the abo-e 1.b. How much is Dante*s share in the net estate- .1/0 $!% &1*0'000 $B% &200'000 $C% &300'000 $)% &(00'000 $E% +one o, the abo-e 1.c. How much is Ernie*s share in the net estate . .1/0 $!% & 0

$B% &(00'000 $C% &1*0'000 $)% &200'000 $E% +one o, the abo-e 1.d. How much is Feli)*s share in the net estate- .1/0 $!% &(00'000 $B% &1*0'000 $C% &300'000 $)% &0 $E% +one o, the abo-e %. A, B, C and D are the solidary debtors of 1 for +',,,,,. 1 released D from the payment of his share of +2 ,,,,,. 3hen the obli!ation became due and demandable, C turned out to be insol"ent. 4hould the share of insol"ent debtor C be di"ided only between the two other remainin! debtors, A and B- .1/0 $!% .es /emission o, )0s share carries with it total extin"uishment o, his obli"ation to the bene,it o, the solidar1 debtors $B% .es 2he Ci-il Code reco"ni3es remission as a mode o, extin"uishin" an obli"ation 2his clearl1 applies to ) $C% +o 2he rule is that "ratuitous acts should be restricti-el1 construed' allowin" onl1 the least transmission o, ri"hts $)% +o' as the release o, the share o, one debtor would then increase the burden o, the other debtors without their consent &. Amador obtained a loan of +&,,,,,, from Basilio payable on 5arch%(, %,1%. As security for the payment of his loan, Amador constituted a mort!a!e on his residential house and lot in Basilio*s fa"or. Cacho, a !ood friend of Amador, !uaranteed and obli!ated himself to pay Basilio, in case Amador fails to pay his loan at maturity. &.a. 2f Amador fails to pay Basilio his loan on 5arch %(, %,1%, can Basilio compel Cacho to pay- .1/0

$!% +o' Basilio cannot compel Cacho to pa1 because as "uarantor' Cacho can in-oke the principle o, excussion' i e ' all the assets o, Basilio must ,irst be exhausted $B% +o' Basilio cannot compel Cacho to pa1 because Basilio has not exhausted the a-ailable remedies a"ainst !mador $C% .es' Basilio can compel Cacho to pa1 because the nature o, Cacho0s undertakin" indicates that he has bound himsel, solidaril1 with !mador $)% .es' Basilio can compel Cacho who bound himsel, to unconditionall1 pa1 in case !mador ,ails to pa14 thus the bene,it o, excussion will not appl1 &.b. 2f Amador sells his residential house and lot to Die!o, can Basilio foreclose the real estate mort!a!e- .1/0 $!% .es' Basilio can ,oreclose the real estate mort"a"e because real estate mort"a"e creates a real ri"ht that attaches to the propert1 $B% .es' Basilio can ,oreclose the real estate mort"a"e 5t is bindin" upon )ie"o as the mort"a"e is embodied in a public instrument $C% +o' Basilio cannot ,oreclose the real estate mort"a"e 2he sale con,ers ownership on the bu1er' )ie"o' who must there,ore consent $)% +o' Basilio cannot ,oreclose the real estate mort"a"e 2o depri-e the new owner o, ownership and possession is un6ustand ine7uitable '. Cru6 lent 7ose his car until 7ose finished his Bar e)ams. 4oon after Cru6 deli"ered the car, 7ose brou!ht it to 5itsubishi Cubao for maintenance chec8 up and incurred costs of +9,,,,. 4eein! the car*s peelin! and faded paint, 7ose also had the car repainted for +1,,,,,. Answer the two :uestions below based on these common facts. '.a. After the bar e)ams, Cru6 as8ed for the return of his car. 7ose said he would return it as soon as Cru6 has reimbursed him for the car maintenance and repaintin! costs of + 19,,,,. 2s 7ose*s refusal ;ustified- .1/0 $!% +o' 8ose0s re,usal is not 6usti,ied 5n this kind o, contract' 8ose is obli"ed to pa1 ,or all the expenses incurred ,or the preser-ation o, the thin" loaned $B% .es' 8ose0s re,usal is 6usti,ied 9e is obli"ed to pa1 ,orall the ordinar1 and extraordinar1 expenses' but sub6ect to reimbursement ,rom Cru3 $C% .es' 8ose0s re,usal is 6usti,ied 2he principle o, un6ust enrichment warrants the reimbursement o, 8ose0s expenses

$)% +o' 8ose0s re,usal is not 6usti,ied 2he expenses he incurred are use,ul ,or the preser-ation o, the thin" loaned 5t is 8ose0s obli"ation to shoulder these use,ul expenses '.b. Durin! the bar e)am month, 7ose lent the car to his !irlfriend, 7olie, who par8ed the car at the 5all of Asia*s open par8in! lot, with the i!nition 8ey inside the car. Car thie"es bro8e into and too8 the car. 2s 7ose liable to Cru6 for the loss of the car due to 7olie*s ne!li!ence- .1/0 $!% +o' 8ose is not liable to Cru3 as the loss was not due to his ,ault or ne"li"ence $B% +o' 8ose is not liable to Cru3 5n the absence o, an1 prohibition' 8ose could lend the car to 8olie :ince the loss was due to ,orce ma6eure' neither 8ose nor 8olie is liable $C% .es' 8ose is liable to Cru3 :ince 8ose lent the car to 8olie without Cru30s consent' 8ose must bear the conse7uent loss o, the car $)% .es' 8ose is liable to Cru3 2he contract between them is personal in nature 8ose can neither lend nor lease the car to a third person (. 2n %,,(, <, 5, =, , and + formed a partnership. <, 5 and = were capitalist partners who contributed +(,,,,,, each, while ,, a limited partner, contributed +1 ,,,,,,,,. + ;oined as an industrial partner, contributin! only his ser"ices. he Articles of +artnership, re!istered with the 4ecurities and E)chan!e Commission, desi!nated < and , as mana!in! partners$ < was liable only to the e)tent of his capital contribution$ and + was not liable for losses. 2n %,,>, the partnership earned a net profit of +9,,,,,,. 2n the same year, + en!a!ed in a different business with the consent of all the partners. Howe"er, in %,,?, the partnership incurred a net loss of +(,,,,,,. 2n %,,9,the partners dissol"ed the partnership. he proceeds of the sale of partnership assets were insufficient to settle its obli!ation. After li:uidation, the partnership had an unpaid liability of+&,,,,,,. (.a. Assumin! that the ;ust and e:uitable share of the industrial partner, +, in the profit in %,,> amounted to +1 ,,,,,,, how much is the share of ,, a limited partner, in the +9,,,,,, net profit- .1/0 $!% &1;0'000 $B% &1<*'000 $C% &2=0'000 $)% &200'000 $E% +one o, the abo-e

(.b. 2n %,,?, how much is the share of ,, a limited partner, in the net loss of +(,,,,,,.1/0 $!% & 0 $B% &1 00'000 $C% &12*'000 $)% &200'000 $E% +one o, the abo-e (.c. Can the partnership creditors hold <, , and +liable after all the assets of the partnership are e)hausted- .1/0 $!% .es 2he stipulation exemptin" & ,rom losses is -alid onl1 amon" the partners L is liable because the a"reement limitin" his liabilit1 to his capital contribution is not -alid inso,ar as the creditors are concerned 9a-in" taken part in the mana"ement o, the partnership' 0 is liable as capitalist partner $B% +o & is not liable because there is a -alid stipulation exemptin" him ,rom losses :ince the other partners allowed him to en"a"e in an outside business acti-it1' the stipulation absol-in" & ,rom liabilit1 is -alid >or 0' it is basic that a limited partner is liable onl1 up to the extent o, his capital contribution $C% .es 2he stipulations exemptin" & and L ,rom losses are not bindin" upon the creditors 0 is likewise liable because the partnership was not ,ormed in accordance with the re7uirements o, a limited partnership $)% +o 2he Ci-il Code allows the partners to stipulate that a partner shall not be liable ,or losses 2he re"istration o, the !rticles o, &artnership embod1in" such stipulations ser-es as constructi-e notice to the partnership creditors $E% +one o, the abo-e is completel1 accurate >. @ary is a tobacco trader and also a lendin! in"estor. He sold tobacco lea"es to Homer for deli"ery within a month, althou!h the period for deli"ery was not !uaranteed. Despite @ary*s efforts to deli"er on time, transportation problems and !o"ernment red tape hindered his efforts and he could only deli"er after &, days. Homer refused to accept the late deli"ery and to pay on the !round that the a!reed term had not been complied with. As lendin! in"estor, @ary !ranted a +l,,,,,,,, loan to 2saac to be paid within two years from e)ecution of the contract. As security for the loan, 2saac promised to deli"er to @ary his oyota 2nno"a within se"en .?0 days, but 2saac failed to do so. @ary was thus compelled to demand payment for the loan before the end of the a!reed two-year term. >.a. 3as Homer ;ustified in refusin! to accept the tobacco lea"es- .1/0

$!% .es 9omer was 6usti,ied in re,usin" to accept the tobacco lea-es 2he deli-er1 was to be made within a month ?ar10s promise o, deli-er1 on a @best e,,ortA basis made the deli-er1 uncertain 2he term' there,ore' was ambi"uous $B% +o 9omer was not 6usti,ied in re,usin" to accept the tobacco lea-es 9e consented to the terms and conditions o, the sale and must abide b1 it Bbli"ations arisin" ,rom contract ha-e the ,orce o, law between the contractin" parties $C% .es 9omer was 6usti,ied in his re,usal to accept the deli-er1 2he contract contemplates an obli"ation with a term :ince the deli-er1 was made a,ter 30 da1s' contrar1 to the terms a"reed upon' ?ar1 could not insist that 9omer accept the tobacco lea-es $)% +o 9omer was not 6usti,ied in re,usin" to accept the tobacco lea-es 2here was no term in the contract but a mixed condition 2he ,ul,illment o, the condition did not depend purel1 on ?ar10s will but on other ,actors' e " ' the shippin" compan1 and the "o-ernment 9omer should compl1 with his obli"ation >.b. Can @ary compel 2saac to pay his loan e"en before the end of the two-year period.1/0 $!% .es' ?ar1 can compel 5saac to immediatel1 pa1 the loan +onCcompliance with the promised "uarant1 or securit1 renders the obli"ation immediatel1 demandable 5saac lost his ri"ht to make use o, the period $B% .es' ?ar1 can compel 5saac to immediatel1 pa1 the loan 2he deli-er1 o, the 2o1ota 5nno-a is a condition ,or the loan 5saac0s ,ailure to deli-er the car -iolated the condition upon which the loan was "ranted 5t is but ,air ,or ?ar1 to demand immediate pa1ment $C% +o' ?ar1 cannot compel 5saac to immediatel1 pa1 the loan 2he deli-er1 o, the car as securit1 ,or the loan is an accessor1 contract4 the principal contract is still the & 1'000'000 loan 2hus' 5saac can still make use o, the period $)% +o' ?ar1 cannot compel 5saac to immediatel1 pa1 the loan E7uit1 dictates that ?ar1 should ha-e "ranted a reasonable extension o, time ,or 5saac to deli-er his 2o1ota 5nno-a 5t would be un,air and burdensome ,or 5saac to pa1 the &1'000'000 simpl1 because the promised securit1 was not deli-ered ?. <ito was a commercial pilot who flew for +acific-5icronesian Air. 2n 1AA9, he was the co-pilot of the airline*s Fli!ht 5AA1> that mysteriously disappeared two hours after ta8eoff from A!ana, @uam, presumably o"er the +acific Bcean. =o trace of the plane and its 1,( passen!ers and crew was e"er found despite dili!ent search$ <ito himself was ne"er heard of a!ain. <ito left behind his wife, <ita, and their two children. 2n %,,9, <ita met and and married 7aime. hey now ha"e a child of their own.

3hile on a tour with her former hi!h school classmates in a remote pro"ince of China in %,1,, <ita was surprised to see <ito or somebody who loo8ed e)actly li8e him, but she was sure it was <ito because of the e)treme surprise that re!istered in his face when he also saw her. 4hoc8ed, she immediately fled to her hotel and post haste returned to the country the ne)t day. <ita now comes to you for le!al ad"ice. 4he as8s you the followin! :uestions# ?.a. 2f <ito is ali"e, what is the status of his marria!e to <ita- .1/0 $!% 2he marria"e subsists because the marital bond has not been terminated b1 death $B% 2he marria"e was terminated when Lita married 8aime $C% 2he marria"e subsists because Lita0s marria"e to 8aime is -oid $)% 2he marria"e is terminated because Lito is presumed dead a,ter his plane has been missin" ,or more than ( 1ears $E% 2he marria"e can be ,ormall1 declared terminated i, Lito would not resur,ace ?.b. 2f <ito is ali"e, what is the status of <ita*s marria!e to 7aime- .1/0 $!% 2he marria"e is -alid because Lita0s marria"e to Lito was terminated upon Lito0s disappearance ,or more than se-en 1ears $B% 2he marria"e is -alid !,ter an absence o, more than 10 1ears' Lito is alread1 presumed dead ,or all purposes $C% 2he marria"e is -oid Lito0s mere absence' howe-er len"th1' is insu,,icient to authori3e Lita to contract a subse7uent marria"e $)% 2he marria"e is -oid 5, Lito is indeed ali-e' his marria"e to Lita was ne-er dissol-ed and the1 can resume their marital relations at an1 time 9. 3hich of the followin! actions or defenses are meritorious# .1/0 $!% !n action ,or reco-er1 o, downpa1ment paid under a rescinded oral sale o, real propert1 $B% ! de,ense in an action ,or e6ectment that the lessor -erball1 promised to extend or renew the lease $C% !n action ,or pa1ment o, sum o, mone1 ,iled a"ainst one who orall1 promised to answer another0s debt in case the latter de,aults $)% ! de,ense in an action ,or dama"es that the debtor has su,,icient' but unli7uidated assets to satis,1 the credit ac7uired when it becomes due

$E% +one o, the abo-e A. Betty entrusted to her a!ent, Aida, se"eral pieces of ;ewelry to be sold on commission with the e)press obli!ation to turn o"er to Betty the proceeds of the sale, or to return the ;ewelries if not sold in a month*s time. 2nstead of sellin! the ;ewelries, Aida pawned them with the ambuntin! +awnshop, and used the money for herself. Aida failed to redeem the pawned ;ewelries and after a month, Betty disco"ered what Aida had done. Betty brou!ht criminal char!es which resulted in Aida*s con"iction for estafa. Betty thereafter filed an action a!ainst ambuntin! +awnshop for the reco"ery of the ;ewelries. ambuntin! raised the defense of ownership, additionally ar!uin! that it is duly licensed to en!a!e in the pawnshop and lendin! business, and that it accepted the mort!a!e of the ;ewelry in !ood faith and in the re!ular course of its business. 2f you were the ;ud!e, how will you decide the case- .1/0 $!% 5 will rule in ,a-or o, Bett1 M1 rulin" is based on the Ci-il Code pro-ision that one who has lost an1 mo-able or has been unlaw,ull1 depri-ed thereo, ma1 reco-er it ,rom the person in possession o, the same 2am buntin"0s claim o, "ood ,aith is inconse7uential $B% 5 will rule in ,a-or o, Bett1 2ambuntin"0s claim o, "ood ,aith pales into insi"ni,icance in li"ht o, the unlaw,ul depri-ation o, the 6ewelries 9owe-er' e7uit1 dictates that 2ambuntin" must be reimbursed ,or the pawn -alue o, the 6ewelries $C% 5 will rule in ,a-or o, 2ambuntin" 5ts "ood ,aith takes precedence o-er the ri"ht o, Bett1 to reco-er the 6ewelries $)% 5 will rule in ,a-or o, 2ambuntin" ?ood ,aith is alwa1s presumed 2ambuntin"0s law,ul ac7uisition in the ordinar1 course o, business coupled with "ood ,aith "i-es it le"al ri"ht o-er the 6ewelries 1,. Arlene owns a row of apartment houses in Camunin!, Due6on City. 4he a!reed to lease Apartment =o. 1 to 7anet for a period of 19 months at the rate of +1,,,,, per month. he lease was not co"ered by any contract. 7anet promptly !a"e Arlene two .%0 months deposit and 19 chec8s co"erin! the rental payment for 19 months. his show of !ood faith prompted Arlene to promise 7anet that should Arlene decide to sell the property, she would !i"e 7anet the ri!ht of first refusal. 1,.a. =ot lon! after 7anet mo"ed in, she recei"ed news that her application for a 5aster of <aws scholarship at Cin!*s Colle!e in <ondon had been appro"ed. 4ince her acceptance of the scholarship entailed a transfer of residence, 7anet as8ed Arlene to return the ad"ance rental payments she made. Arlene refused, promptin! 7anet to file an action to reco"er the payments. Arlene filed a motion to dismiss, claimin! that the lease on which the action is based, is unenforceable. 2f you were the ;ud!e, would you !rant Arlene*s motion- .1/0

$!% .es' 5 will "rant the motion because the lease contract between !rlene and 8anet was not in writin"' hence' 8anet ma1 not en,orce an1 ri"ht arisin" ,rom the same contract $B% +o' 5 will not "rant the motion because to allow !rlene to retain the ad-ance pa1ments would amount to un6ust enrichment $C% .es' 5 will "rant the motion because the action ,or reco-er1 is premature4 8anet should ,irst secure a 6udicial rescission o, the contract o, lease $)% +o 5 will not "rant the motion because the cause o, action does not seek to en,orce an1 ri"ht under the contract o, lease 1,.b. Assume that 7anet decided not to accept the scholarship and continued leasin! Apartment =o. 1. 5idway throu!h the lease period, Arlene decided to sell Apartment =o. 1 to 7un in breach of her promise to 7anet to !rant her the ri!ht of first refusal. hus, 7anet filed an action see8in! the reco!nition of her ri!ht of first refusal, the payment of dama!es for the "iolation of this ri!ht, and the rescission of the sale between Arlene and 7un. 2s 7anet*s action meritorious- .1/0 $!% .es' under the Ci-il Code' a promise to bu1 and sell a determinate thin" is reciprocall1 demandable $B% +o' the promise to bu1 and sell a determinate thin" was not supported b1 a consideration $C% .es' 8anet0s ri"ht o, ,irst re,usal was clearl1 -iolated when the propert1 was not o,,ered ,or sale to her be,ore it was sold to 8un $)% +o' a ri"ht o, ,irst re,usal in-ol-es an interest o-er real propert1 that must be embodied in a written contract to be en,orceable $E% +one o, the abo-e

5
.ou are a >amil1 Court 6ud"e and be,ore 1ou is a &etition ,or the )eclaration o, +ullit1 o, Marria"e $under !rticle 3; o, the >amil1 Code%,iled b1 Maria a"ainst +eil Maria claims that +eil is ps1cholo"icall1 incapacitated to compl1 with the essential obli"ations o, marria"e because +eil is a drunkard' a womani3er' a "ambler' and a mama0s bo1C traits that she ne-er knew or saw when +eil was courtin" her !lthou"h summoned' +eil did not answer Maria0s petition and ne-er appeared in court 2o support her petition' Maria presented three witnessesC hersel,' )r Elsie Chan' and !mbrosia )r Chan testi,ied on the ps1cholo"ical report on +eil that she prepared :ince +eil ne-er acknowled"ed nDr responded to her in-itation ,or inter-iews' her report is solel1 based on her inter-iews with Maria and the spouses0 minor children )r Chan concluded that +eil is su,,erin"

,rom +arcissistic &ersonalit1 )isorder' an ailment that she ,ound to be alread1 present since +eil0s earl1 adulthood and one that is "ra-e and incurable Maria testi,ied on the speci,ic instances when she ,ound +eil drunk' with another woman' or s7uanderin" the ,amil10s resources in a casino !mbrosia' the spouses0 current household help' corroborated Maria0s testimon1 Bn the basis o, the e-idence presented' will 1ou "rant the petitionE $=F%

55
! collision occurred at an intersection in-ol-in" a bic1cle and a taxicab Both the bic1cle rider $a businessman then doin" his mornin" exercise% and the taxi dri-er claimed that the other was at ,ault Based on the police report' the bic1cle crossed the intersection ,irst but the taxicab' crossin" at a ,ast clip ,rom the bic1cle0s le,t' could not brake in time and hit the bic1cle0s rear wheel' topplin" it and throwin" the bic1cle rider into the sidewalk * meters awa1 2he bic1cle rider su,,ered a ,ractured ri"ht knee' sustained when he ,ell on his ri"ht side on the concrete side walk 9e was hospitali3ed and was subse7uentl1 operated on' renderin" him immobile ,or 3 weeks and re7uirin" ph1sical rehabilitation ,or another 3 months 5n his complaint ,or dama"es' the rider pra1ed ,or the award o,&1'000'000 actual dama"es'&200'000 moral dama"es' &200'000 exemplar1 dama"es' &1 00'000 nominal dama"es and &*0'000 attorne10s ,ees !ssumin" the police report to be correct and as the law1er ,or the bic1cle rider' what e-idence $documentar1 and testimonial% and le"al ar"uments will 1ou present in court to 6usti,1 the dama"es that 1our client claimsE $=F%

555
:er"io is the re"istered owner o, a *00Cs7uare meter land 9is ,riend' Marcelo' who has lon" been interested in the propert1' succeeded in persuadin" :er"io to sell it to him Bn 8une 2' 2012' the1 a"reed on the purchase price o, &;00'000 and that :er"io would "i-e Marcelo up to 8une30' 2012 within which to raise the amount Marcelo' in a li"ht tone usual between them' said that the1 should seal their a"reement throu"h a case o, 8ack )aniels Black and &*'000 @pulutanA mone1 which he immediatel1 handed to :er"io and which the latter accepted 2he ,riends then sat down and drank the ,irst bottle ,rom the case o, bourbon Bn 8une 1*' 2013' :er"io learned o, another bu1er' /oberto' who was o,,erin" &=00'000 in read1 cash ,or the land Ghen /oberto con,irmed that he could pa1 in cash as soon as :er"io could "et the documentation read1' :er"io decided to withdraw his o,,er to Marcelo' hopin" to 6ust explain matters to his ,riend Marcelo' howe-er' ob6ected when the withdrawal was communicated to him' takin" the position that the1 ha-e a ,irm and bindin" a"reement that :er"io cannot simpl1 walk awa1 ,rom because he has an option to bu1 that is dul1 supported b1 a dul1 accepted -aluable consideration

$!% )oes Marcelo ha-e a cause o, action a"ainst :er"ioE $*F% $B% Can :er"io claim that whate-er the1 mi"ht ha-e a"reed upon cannot be en,orced because an1 a"reement relatin" to the sale o, real propert1 must be supported b1 e-idence in writin" and the1 ne-er reduced their a"reement to writin"E $3F%

5H
!nselmo is the re"istered owner o, a land and a house that his ,riend Bobo1 occupied ,or a nominal rental and on the condition that Bobo1 would -acate the propert1 on demand Gith !nselmo0s knowled"e' Bobo1 introduced reno-ations consistin" o, an additional bedroom' a co-ered -eranda' and a concrete block ,ence' at his own expense :ubse7uentl1' !nselmo needed the propert1 as his residence and thus asked Bobo1 to -acate and turn it o-er to him Bobo1' despite an extension' ,ailed to -acate the propert1' ,orcin" !nselmo to send him a written demand to -acate 5n his own written repl1' Bobo1 si"ni,ied that he was read1 to lea-e but !nselmo must ,irst reimburse him the -alue o, the impro-ements he introduced on the propert1 as he is a builder in "ood ,aith !nselmo re,used' insistin" that Bobo1 cannot ask ,or reimbursement as he is a mere lessee Bobo1 responded b1 remo-in" the impro-ements and lea-in" the buildin" in its ori"inal state $!% /esol-e Bobo10s claim that as a builder in "ood ,aith' he should be reimbursed the -alue o, the impro-ements he introduced $(F% $B% Can Bobo1 be held liable ,or dama"es ,or remo-in" the impro-ements o-er !nselmo0s ob6ectionE $(F%

H
8ose,a executed a deed o, donation co-erin" a oneChectare rice land in ,a-or o, her dau"hter' 8enni,er 2he deed speci,icall1 pro-ides thatI For and in consideration of he love and service Jennifer has shown and given to me, I hereby freely, voluntarily and irrevocably donate to her my one-hectare rice land covered by TCT No. !!", located in #an Fernando, $am%anga. This donation shall ta&e effect u%on my death.' 2he deed also contained 8enni,er0s si"ned acceptance' and an attached notari3ed declaration b1 8ose,a and 8enni,er that the land will remain in 8ose,a0s possession and cannot be alienated' encumbered' sold or disposed o, while 8ose,a is still ali-e !d-ise 8enni,er on whether the deed is a donation inter -i-os or mortis causa and explain the reasons supportin" 1our ad-ice $=F%

H5
Lito obtained a loan o, &1'000'000 ,rom >erdie' pa1able within one 1ear 2o secure pa1ment' Lito executed a chattel mort"a"e on a 2o1ota !-an3a and a real estate mort"a"e on a 200Cs7uare meter piece o, propert1 $!% Gould it be le"all1 si"ni,icant J ,rom the point o, -iew o, -alidit1 and en,orceabilit1 J i, the loan and the mort"a"es were in public or pri-ate instrumentsE $;F% $B% Lito0s ,ailure to pa1 led to the extraC6udicial ,oreclosure o, the mort"a"ed real propert1 Githin a 1ear ,rom ,oreclosure' Lito tendered a mana"er0s check to >erdie to redeem the propert1 >erdie re,used to accept pa1ment on the "round that he wanted pa1ment in cashI the check does not 7uali,1 as le"al tender and does not include the interest pa1ment 5s >erdie0s re,usal 6usti,iedE $(F%

H55
5n 200*' !ndres built a residential house on a lot whose onl1 access to the national hi"hwa1 was a pathwa1 crossin" Brando0s propert1 !ndres and others ha-e been usin" this pathwa1 $pathwa1 !% since 1D=0 5n 200;' Brand0 ,enced o,, his propert1' thereb1 blockin" !ndres0 access to the national hi"hwa1 !ndres demanded that part o, the ,ence be remo-ed to maintain his old access route to the hi"hwa1 $pathwa1 !%' but Brando re,used' claimin" that there was another a-ailable pathwa1 $pathwa1 B% ,or in"ress and e"ress to the hi"hwa1 !ndres countered that pathwa1 B has de,ects' is circuitous' and is extremel1 incon-enient to use 2o settle their dispute' !ndres and Brando hired )amian' a "eodetic and ci-il en"ineer' to sur-e1 and examine the two pathwa1s and the surroundin" areas' and to determine the shortest and the least pre6udicial wa1 throu"h the ser-ient estates !,ter the sur-e1' the en"ineer concluded that pathwa1 B is the lon"er route and will need impro-ements and repairs' but will not si"ni,icantl1 a,,ect the use o, Brando0s propert1 Bn the other hand' pathwa1 ! that had lon" been in place' is the shorter route but would si"ni,icantl1 a,,ect the use o, Brando0s propert1 5n li"ht o, the en"ineer0s ,indin"s and the circumstances o, the case' resol-e the parties0 ri"ht o, wa1 dispute $;F%

H555
Ciriaco /ealt1 Corporation $C/C% sold to the spouses )el a Cru3 a*00Cs7uare meter land $Lot !% in &arana7ue 2he land now has a ,air market -alue o, &l'200'000 C/C likewise sold to the spouses /odri"ue3' a <00Cs7uare meter land $Lot B% which is ad6acent to Lot ! Lot B has a present ,air market -alue o, &1'*00'000

2he spouses )ela Cru3 constructed a house on Lot B' rel1in" on there presentation o, the C/C sales a"ent that it is the propert1 the1 purchased Bnl1 upon the completion o, their house did the spouses )ela Cru3 disco-er that the1 had built on Lot B owned b1 the spouses /odri"ue3' not on Lot ! that the1 purchased 2he1 spent & 1 000'000 ,or the house !s their law1er' ad-ise the spouses )ela Cru3 on their ri"hts and obli"ations under the "i-en circumstances' and the recourses and options open to them to protect their interests $=F%

5K
/ica petitioned ,or the annulment o, her tenC1ear old marria"e to /ichard /ichard hired !tt1 Cru3 to represent him in the proceedin"s 5n pa1ment ,or !tt1 Cru30s acceptance and le"al ,ees' /ichard con-e1ed to !tt1 Cru3 a parcel o, land in 2a"ui" that he recentl1 purchased with his lotto winnin"s 2he trans,er documents were dul1 si"ned and !tt1 Cru3 immediatel1 took possession b1 ,encin" o,, the propert10s entire perimeter )esperatel1 needin" mone1 to pa1 ,or his mountin" le"al ,ees and his other needs and despite the trans,er to !tt1 Cru3' /ichard o,,ered the same parcel o, land ,or sale to the spouses ?arcia !,ter inspection o, the land' the spouses considered it a "ood in-estment and purchased it ,rom /ichard 5mmediatel1 a,ter the sale' the spouses ?arcia commenced the construction o, a threeC stor1 buildin" o-er the land' but the1 were pre-ented ,rom doin" this b1 !tt1 Cru3 who claimed he has a better ri"ht in li"ht o, the prior con-e1ance in his ,a-or 5s !tt1 Cru30s claim correctE $=F%

K
Manuel was born on 12 March 1D(0 in a 1 000Cs7uare meter propert1 where he "rew up helpin" his ,ather' Michael' culti-ate the land Michael has li-ed on the propert1 since the land was opened ,or settlement at about the time o, the Commonwealth "o-ernment in 1D3 *' but ,or some reason ne-er secured an1 title to the propert1 other than a tax declaration in his name 9e has held the propert1 throu"h the 1ears in the concept o, an owner and his sta1 was uncontested b1 others 9e has also conscientiousl1 and continuousl1 paid the realt1 taxes on the land Michael died in 2000 and Manuel J as Michael0s onl1 son and heir Cnow wants to secure and re"ister title to the land in his own name 9e consults 1ou ,or le"al ad-ice as he wants to per,ect his title to the land and secure its re"istration in his name $!% Ghat are the laws that 1ou need to consider in ad-isin" Manuel on how he can per,ect his title and re"ister the land in his nameE Explain the rele-ance o, these laws to 1our pro6ected course o, action $(F% $B% Ghat do 1ou ha-e to pro-e to secure Manuel0s ob6ecti-es and what documentation are necessar1E $(F%