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NO CORRECT ANSWER( ALL THE CHOICES ARE RESTRISTCTIONS ON ONCE CAPACITY


TO ACT. WHILE MARRIAGE IS THE ONLY ONE)
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C/D- 815NCC
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DISREGARDED NO CORRECT
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1. A. No, not prosper. Wedding coordinator did not abuse right when she ask him
to leave wedding reception because he was not in the guest list. A hotel
mikko could not be held liable for damages as its liability springs from the
liabitliy of its employee. Mikko hotel vs reyes. Gr 154259
b. yes. Entitled to recover. Ncc considers a fetus a person for all purposes
that are favorable to it provided born under circ in ncc. Donation invalid because
born not born in accordance with ncc
2. a. yes. Pub off not liable for acts in perf of duty excep when acting malice and bf
and gross negligence or when his acts violation of consti rights of person. Art 32
b. annulment not granted fully on the basis of pscych report. Required that
pscyholigoist examine the respondent and report be based on pscychs indepneded
asssement
3. a. it depends. If value of building more than value of land, the building is conjugal
and the land becomes conjugal property under art 120 FC. This is a case of reverse
accession where the building is considerdd principal and land accessory. If reversed,
ordinary rule of accession applies. - both becomes paraphernal
b. yes. Capacitated to remarry. Rp vs obrecido

4. a. although the action for legal separation has not yet prescribed,(5 years),
xtians affair with another woman ended when miki decided to leave with him again,
mikis action will not prosper on account of condonation. Howwere if such affair is

continuing, mikis action will prosper because the action will be within 5 years from
commission of latest ground of infedility

b. no. the trial court is not correct. There is no law prohibiting an ille child adopted
by his natural father to use his mothers surame as his legal surname. Law is silent
as to what legal name an adoptee will use. In re: adoption of Stephanie Garcia

5. a. yes. The trial court is correct. When petition for adoption was filed, petioner
already married. Under the law h and w adopt jointly except cases enumerated in
law. In this case, not fall in exception.
b. it depends. On the assumption if the fc is applicable, ownership of prop depends
WON parties capacitated to marry each other during cohabitation and WON both
contributed funds in the acquisition of properties. If both capaciated, art 147 applies
FC. If not capaciated, 148 FC applies. Borromeo vs descallar gr 159310

6. a.
1. no. art 1956 ncc no interest due unless writing
2. yes. Solutio indebiti applicable because overpayment
b. contract was equitable mort rather than sale. Intended to secure payment of
debt

7. a . it depends if cancellation is done by testator himself, claim of rosa must be


denied. Cancellation has revoked entire will when rosa name was cancelled.
However if cancellation was not done by testator, cancellation not effective,. Will in
its original tenor should remain valid. Calao vs lenova gr. L-40207
b.
1. no. not admitted to probate. Art 818 and 819 ncc should apply. Joint
wills prohibited
2. if joint will is void. All testamentary written shall also be void.
Howeveri f will valid, instution of heis should be annulled because joshor is
preiterated.
3. assuming the will is valid, the prohibition to divide valid only up until
20 years. Art 1083 and 494 NCC

8. a. no. cant inherit through representation. Art 992 NCC

b. testator may dispose of by will the free portion of his estate since the legitime of
jc is 1/8 of the estate, another person is , another is under 889, the remaining
1/8 is the free portion

9. a. yes it prescribes in 5 years. If the real property is judicially forcelose, the action
for judicial foreclosure shouldbe flied in 10 years. The request for the issuance of
writ of poss should be filed upon motion by the winning bidder within 5 years after
judgement of foreclosure. Bpi vs icot gr 168081

b. yes. I agree. Under the rules promulgated by the sc, a direct action for
declaration of nullity may only be filed any of the spouses.

10. a. no. a contract to sell is a specie of conditional sale. It sells the right to buy
property not sell a thing or property. A conditional sale is a sale subj to the happeing
of the perf of the condition. Compliance to a condition automatically gives right to
the vendee to demand the delivery of the object.
b. yes. Not entitled to return contribution. But only to net profits. If he is a limited
partner however he may ask for the return of his contri as provided in art 1856 and
1857 of ncc

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