CIVIL LAW REVIEW (1st Quiz) 11.

11. Article 16 of the civil code exemplifies the maxim mobilia sequuntur personam
 FALSE
1. Exceptionally, an administrative regulation may prevail over a statutory  Lex rei sitae
enactment if the former is more equitable and just than the latter 12. There is no exception to the application of article 3 of the civil code.
 FALSE  FALSE
2. Equity may be invoked in a case involving a moral obligation  There are exceptions
 FALSE 13. Exceptionally, article 3 of the civil code also applies to ignorance of facts
 Invoke Equity brought about by difficult questions of law.
 No cause of action in Moral Obligation  FALSE
3. As a matter of equity, an order from the BSP suspending the operations of a  Not ignorance of facts but ignorance of the law
bank may be considered force majeure to excuse it from paying stipulated 14. A Bedan lawyer may invoke lack of knowledge to avoid waiver of election
interests between inconsistent remedies to claim damages for a work related injury to a
 TRUE relative.
 BSP Circular/Order qualifies as force majeure  FALSE
4. A law to take effect immediately upon signing by the president is void  A Bedan knows everything
 FALSE 15. A law amending article 1 of the Family Code to allow same-sex marriage in
 No effect but not void the Philippines is a curative law, which may be given retroactive application
 Must be republished to be valid?  FALSE
5. Senate rules on the conduct of public hearing in aid of legislation must be 16. A penal law shall be given retroactive effect
published to be valid  FALSE
 TRUE  General Rule is it is prospective
6. An ordinance passed by Muntinlupa City must be published in accordance with 17. Acts committed against mandatory or hortatory laws shall be void
article 2 of the civil code  FALSE
 FALSE 18. A provision in a contract of lease of a boarding house allowing extra-judicial
 Need not be published if …..goverened by LGC (memaid) ejectment is valid.
7. The rules of procedure in the conduct of administrative proceedings against  FALSE
erring employees of PAGCOR, a government corporation, must be published  Contrary to public order
in a newspaper of general circulation. 19. A provision in a contract of lease in a mall allowing temporary padlocking of a
 FALSE stall is valid.
 Internal in nature  TRUE
8. A law changing the name of Luneta park to Digong park mentioned by the 20. A provision in a modeling contract with FHM requiring the model to return the
president in his state of the nation address with full TV and radio coverage is fee if she becomes pregnant within 3 years from publication is a valid waiver
valid because no publication is in fact required in this case.  FALSE
 FALSE  It is unreasonable, thus contrary to public policy
 All laws must be published 21. A repealed law must be revived when the repealing law is subsequently
9. A law re-organizing the NTC may be published through official NTC website repealed by a 3rd law.
since it is of particular application to said agency  FALSE
 FALSE  There is no inconsistency in the 1st and the 3rd
 All laws must be published 22. International law is always supreme over domestic law
10. A law naturalizing Andray Blatche to play for Gilas Pilipinas must be  FALSE
published pursuant to article 2 of the civil code.  Domestic over International law, subject to territorial jurisdiction
 TRUE
23. In computing a period, the first day shall be excluded and the last day included 32. A mortgagee may take steps to recover the mortgaged property to enable it to
except when the first or last day falls on a Sunday or a holiday. enforce or protect its foreclosure right thereon
 FALSE  TRUE
 Consider only if the last day falls on a Sunday/holiday 33. An educational institution can be held liable for damages for encouraging a
24. When a doctrine of SC, is overruled and a different new is adopted, the new student into believing that he can survive law school
doctrine should be applied prospectively unless it is favorable to the accused.  FALSE
 TRUE 34. A wrongful advertisement in the newspaper stating that the house of Doc. C in
25. A common carrier allowing passengers to ride on top of the vehicle as is Bagong pag-asa Quezon City is located in Forbes Park, Makati, may fall under
customary in the place may be exonerated from liability because a person who the protection of art. 26 of the NCC
had every reason and assurance to believe that he was acting under the sanction  TRUE
of the strongest of all civil assurance to believe that he was acting under the 35. The absolute nullity of the previous marriage in a case pending before the RTC
sanction of the strongest of all civil assurance to believe that he was acting in manila may pose a prejudicial question in a bigamy case pending before the
under the sanction of the strongest of all civil forces, the custom of a people, same court.
should not be liable.  FALSE
 FALSE  In the present jurisprudence, it is VOID.
26. Parties cannot stipulate on what the law is but a court may take judicial notice  It is not determined by itself, it needs judicial declaration (Art 40)
of a foreign divorce law when the parties so stipulate and none of them will 36. A law student in a sexual relationship with his male professor has cause of
claim otherwise. action against the latter for damages.
 TRUE  FALSE
 Court may take judicial notice of divorce law  Mutual lust
27. One year from feb 1, 2016 shall be January 31 2017 because 2016 is a leap  SC held that if it is more than once, it is consensual otherwise there is
year. deceit
 FALSE 37. MERALCO can cut off electricity to a non-paying customer
28. By estoppel a 14 year old alien, who is a minor under his national law, may  TRUE
enter into a valid marriage contract in the Phils.  Quisimbing case – allowed provided the legal procedure is observed
 FALSE 38. The court must protect an igorot entering into a contract with an Ilocano.
 No estoppe in this case  FALSE
29. The Phils has a practice of accepting the referral in case of “renvoi” thus 39. There is unjust enrichment even if the person receiving the benefit has a legal
applying the foreign law to the conflicts case before it, provided that the right thereto
foreign law is not contrary to Phil public policy  FALSE
 FALSE  Applies only to mistake
 Accept the referral and apply PH law 40. There is no unjust enrichment in the absence of causal relation between ones
30. As a general rule, divorce decrees obtained by foreigners in other countries are enrichment and the others impoverishment
recognizable in our jurisdiction, but the res judicata effects thereof must still be  TRUE
determined by our courts. 41. For art 20 of the civil code to apply, the act must be directed specifically at the
 TRUE person suffering the damage
31. If a third person dealing with an agent is unaware of the limits of the authority  FALSE
conferred by the principal on the agent and the third person has been deceived  With or without intent Art 20 apples
by the non-disclosure thereof by the agent, the latter is liable for damages to 42. For defamatory words to be actionable in court, it is required that they are
the principal under the provisions on human relations. personal to the party maligned, who is ascertained or at least ascertainable
 FALSE  TRUE
43. A statement “the present Justices of the SC are corrupt” is actionable.
  TRUE
44. When acquittal is based on the finding that the crime did not exist, a civil
action based on such ex delicto would be improper.
 TRUE
45. Personality is the capacity to act with legal effects
 FALSE
 Personality is…
46. The father may inherit from a foetus who dies in the mother’s womb
 FALSE
 Art 40 and 41 NCC
47. A jurisprudential or stature re-examination of the strictissimi juris rule in Geluz
vs CA is in order
 TRUE
 The Constitution provides that the right of the unborn be recognized
48. Grace Poe is a Filipino Citizen
 TRUE
49. An alien married to a Filipino becomes ipso facto a citizen of the Philippines
without need to prove anything
 FALSE
 One must prove the qualifications
50. The domicile of a conjugal partnership of gains is the place of marriage.
 FALSE CIVIL LAW REVIEW (2nd Quiz)
 There is no domicile for conjugal partnership since it has no
1. Support in arrears cannot be waived because the waiver will be contrary to
personality public policy.
 FALSE. Support in arrears may be waived, future support cannot be
waived.
2. A cause of action based on fraud committed by a defendant may not be
waived.
 FALSE. Action based on past fraud may be waived, action based on future
fraud may not be waived.
3. Without exception, a person criminally liable shall be civilly liable.
 FALSE. There are crimes without civil aspects. There is no private
complainant or party injured. (Ex. Espionage.)
4. A policeman refusing to help a lady carry her luggage is liable for damages.
 FALSE. Liable only if danger is imminent. That it not the job of the
policeman.
5. A school head who whimsically did not allow a student to graduate with
honors is liable for damages.
 TRUE. (decided case)
6. A marriage between 2 man in the US is valid in the PH.
 FALSE. It depends, if both parties are Filipino citizens, not allowed. If
both are Americans, then the marriage is valid.
 Laws regarding our Public Policy shall be applied to Filipinos ONLY and  How is consent manifested? Verbally? Writing? Sign Language?
not to Americans. o No form prescribed by law
 Marriage is a special contract of permanent union between a man and a o “PERSONAL DECLARATION that they take each other…”
woman entered into in accordance with law for the establishment of o Any means of manifesting consent
conjugal and family life. It is an inviolable social institution whose nature, o Ex. Marriages in articulo mortis
consequences and incidents are governed by law and not subject to  Formal Requisites of Marriage:
stipulations except that….. o Valid marriage license
 What makes it a special contract?  Document saying that the parties are capacitated to
o Governed by a specific law which is the Family Code marry
 Special Contract vs Ordinary Contract  From the place where either of the parties habitually
SPECIAL CONTRACT ORDINARY CONTRACT resides
Between a man and a woman Between parties who does not  Suppose you got the license from Tagaytay, effect on the
ONLY necessarily need to be a man and a marriage license? NONE, Mere irregularity
woman  What are the information necessary to show the capacity
Law defines terms and conditions Law and Stipulations of the contracting parties? (Art. 11 FC)
(XCEPT: property relations but o Parental Consent vs Parental Advise
still within the limits provided for Parental Consent Parental Advise
by FC) 18-21 y.o. 21-25 y.o.
 Permanent union meaning? Failure to obtain or if it is Failure to obtain or if it is
o DEATH terminates marriage in case of valid marriage unfavorable, will make the unfavorable, issuance of
o Court Action terminates marriage in cases of defective marriages marriage VIODABLE/ marriage license will be
 Between a man and a woman, who is a man and a woman under the law? DEFECTIVE. suspended for 3months.
o Republic vs Cagandahan If the civil registrar still issued
o The woman has the “ova” and the man has the “spermatozoa” the license after 10 wks.
o Even if you cut of the penis, a man is still a man Marriage is still VALID.
o Only chance that a correction in the Cert of Live Birth is allowed MERE IRREGULARITY
is if he/she is an intersex (born with both the ova and the o Purpose of Publication Requirement?
spermatozoa) Right of choice - person after reaching the age of  Civil registrar will be informed of any legal impediment
majority o Publication done for 5days? Affect marriage?
o Typographic errors, need not go to the court. Administrative case  NO. Mere Irregularity
only o Marriage license was provided without the parties applying for it.
 Purpose of marriage? Valid?
o Enter into a conjugal and family life  NO. This is a case of lack of license. If they did not
o Meaning: to create a family apply for a license, this means that this is a FAKE
 Why is it considered as an inviolable social institution? LICENSE (Civil Registrar of Recto)
o Family is the foundation of the society 7. Exceptionally there could be a valid marriage in the PH between 2 Filipinos 17
o Constitution promotes the creation of family as the basic years old and below
foundation of the society  TRUE
o Relationship that involves the society 8. A marriage by proxy between two Filipinos abroad is valid in the PH if valid in
o Between man, woman and State. State is always an interested the country of celebration.
party  TRUE. (Art. 26)
 Requisites of a valid marriage:  Proxy marriage involves formality, and if it is formality, the law of the
o Legal capacity of the contracting parties who must be a male and country where it is made/celebrated governs.
a female, at least 18 years of age and no impediment under 37  What is a proxy marriage?
and 38 o Where one of the contracting parties send another person
o Consent freely given (no any involuntariness) to represent him
  Do we allow proxy marriages?
o NO, because under our law we require a formal ceremony
(personal declaration)
9. An airplane pilot may solemnize a marriage in articulo mortis with a flight
attendant
 FALSE you cannot solemnize you own marriage. The one contemplated in
our law is one celebrated by the solemnizing officer.
 Common law marriage is something contracted
 Witness to the marriage one man and one monkey. Is the marriage valid?
o YES valid, mere irregularity
 Who are authorized to solemnize marriage in the PH? (Article 7)
o An incumbent member of the judiciary within their
jurisdiction
 MTC, CA, CTA, Sandiganbayan
 Judge Advocate General of the Military of the
AFP
 Judge Palamos will solemnize a marriage in Davao,
will the marriage be valid? NO, not within the
jurisdiction. Mere Irregularity.
 Navarro vs Domagtoy (Administrative Case)-
Obiter Dictum not binding: when a judge
solemnizes a marriage, outside its jurisdiction it is a
mere irregularity.
o A priest rabbi imam or minister of a church of religious
sect
 Duly authorized by his church or religious sect
 Registered with the local civil registrar
 It is within the limits provided in the written
authority granted him by his church or religious sect
 One of the parties belong to the solemnizing
officers church or religious sect
 To be registered in a government office
 If you remove one of the conditions? LACK of
AUTHORITY
o Ship captain or airplane chief
 Articulo mortis
 Between passengers and crew
 When the ship or airplane is in flight, during stop
overs or ports of call
 Is it required that they be on board/inside the ship or
the airplane? NO.
 What if during stop over they stayed in the hotel?
Can the pilot or ship captain in articulo mortis
solemnize the marriage? YES. Policy of the law is
to encourage marriage.
o Military Commander of a unit
 Articulo mortis – at the point of death and not at the
danger of dying to be determined by the
solemnizing officer (based on common human
experience)
 Within the zone of military conflict
 Between members of the armed forces and the
civilians
 One of the injured soldiers were transported to the
hospital, can the commander solemnize the
marriage? IT DEPENDS, only if the person is in
articulo mortis
 Gen Bato Dela Rosa CANNOT solemnize marriage
(Police not military)
o Consul, vice-consul and consul- general
 It is better for us to consider all the conditions as constitutive elements of
the authority, so without one it is not an irregularity, it is lack of authority
therefore the marriage is void without prejudice to the provision of Art. 35
par. 2
 In the case of Navaro vs Dumagtoy: this is only a mere irregularity
 Personally for Atty. Delson, he thinks it is a lack of authority and not a
mere irregularity (pero say both na lang daw)
 Rationale: if you remove one of the elements, may it be considered as a
mere irregularity? NO
10. A marriage solemnized after the expiration of the marriage license is valid
because this is a mere irregularity.
 FALSE. Lack of marriage license
11. H and W got married in 1987. H left the family home 2/14/08 and lived with
his paramour B in a rented condominium.
 FALSE. There is a legal impediment to the marriage. (Art. 34)
 Discussion on the Committee who drafted the FC, that at the time of the
celebration of marriage there must be no legal impediment to the marriage.
(meaning that there must be no impediment at the end of the 5year term)
 Ninal vs Bayadog – there must be exclusivity between the parties and that
there must be no legal impediment during the whole 5 years. However,
what was applied in the case was the old law prior to the Family Code (Art
76 of the Old CC)
 Manzano vs Sanchez – one of the requisites is that there must be no legal
impediment at the time of the celebration of the marriage, regardless of
any impediment prior to the celebration.
 Office of the Court Adminisrator vs Judge Necesario – the judge was
sanctioned for solemnizing the marriage without a license where the
parties during the 5yr period of cohabitation were minors. The suggestion
was that there must be no legal impediment during the duration of the 5-
year cohabitation.
  FINAL NOTE: (Personally) the phrase no legal impediment should
qualify the 5-year period of cohabitation. Otherwise, if that would be
applied only on the time of the celebration of marriage, it would be
surplusage because it is given that when you have legal impediment to
marry you should not be allowed to marry not only for purposes of
exempting you to the license. To make sense, it should qualify the 5year
period of cohabitation.
 If confronted with a conflict, state everything
 As discussed it is important ONLY that at the time of the celebration
there is no legal impediment and in Manzano vs Sanchez, however in
the case of OCA vs Judge Necesario...
 What are the exceptions to the requirement of a valid marriage license?
(Art. 27-34)
o The parties must live together as H and W within 5 years
prior to the marriage without any legal impediment to the
marriage
o In case of articulo mortis –military
o In case of those living in remote places with no means of
transportation to obtain license from the local civil
registrar
o Marriage among Muslims or members of ethnic cultural
communities provided in accord with their customs, rites
and practices
12. A Mangyan and an Igorot who are now temporarily living in Manila because
of their studies may marry without a license if their respective residence are so
located that there is no means of transportation.
 FALSE
13. A common law marriage between foreigners contracted in State C where only
common law marriage is allowed, is valid in the PH
 TRUE (Status is governed the national law)
14. A common law marriage between Filipino in State C shall be valid because
this is included in the exceptions in Art 26 of the FC.
 FALSE. Marriage must be celebrated (Art 26 par. 1 applies only to
marriages that are celebrated, not involve common law relations)
15. The civil registrar has no option but to issue the license even if there is a
serious objection but must note down the particulars if the objections in the
application for the marriage license.
 FALSE. The civil registrar has the option of going to Judge Palamos
16. Judge Palamos, Justice Tang, Justice Bello may solemnize a marriage
anywhere in the PH
 FALSE
17. A justice of the CTA and the Vice Mayor may solemnize a marriage
 TRUE
18. Psychological incapacity of Mr. X declared in the decision of nullity of his
previous marriage is an impediment to another marriage
 FALSE Case to case basis. (Art 5) Impediments include those stated in
Art. 37 and 38, it does not include 36. Psychological incapacity is relative,
just like impotency.
 In the case of Psychological incapacity, the personality disorder is not the
only factor that would result to the nullity of marriage. So even if the
person has the personality disorder which was made manifest because of
his failure to fulfill his obligation arising from the marriage in so far as
one spouse is concerned. It may happen that in the subsequent marriage
while he has the same personality disorder, he might be able to comply
with the obligations of marriage. He is allowed to marry notwithstanding
the fact that he was earlier declared as psycho incapacity
19. A marriage between scuba divers may be validly solemnized by a priest under
the sea.
 TRUE provided that they would request in writing that they would
celebrate their marriage in another place other than those provided by law
20. Marriage between the Filipino citizens in Japan may be solemnized by the
Philippine Ambassador to Japan but the license should be issued by the
consular officer.
 FALSE Ambassador has no authority to solemnize marriage
 Can this be covered by par. 2 of Art 35? YES. If the parties believe that
the Ambassador is authorized to solemnize marriage.
 However, in that case, it would be a case of a mistake of law will that not
fall under Article 3 of the NCC “Ignorance of the law excuses no one from
compliance therewith”?
 If the parties believe that the Ambassador is a consular officer, in that case
it is a mistake of fact, what will be the effect?
 GOOD FAITH in Art 35 par 2 may include circumstances where there is
both mistake of law and mistake of fact (Justice Vitug: depends on the
person invoking Good faith)
21. The failure of the contracting parties to indicate their present residence and
citizenship in their application for marriage licenses makes the marriage
defective
 FALSE. Mere irregularity
 A Japanese would lie to marry in the PH, what would you require the
Japanese to submit?
o Certificate of Legal Capacity to Contract marriage from
the consular office of the Japanese national
 He pulls out a 10,000 yen and gave it to you (civil registrar) which you
accepted. Will that affect the validity of the marriage?
o NO. Mere irregularity
 FAKE LICENSE is equivalent to no license at all
22. Marriages without parental consent, parental advice or marriage counseling is
defective.
 FALSE
23. The marriage of a man with a very small penis is void.
 FALSE Case of Chi Ming Tsoi problem is psychological
24. There could be an instance where the property relation in a void marriage are
governed by the regime of absolute community.
 TRUE
 As a general rule, the property regime of void marriage is governed by
Art. 147 and 148.
 Exception: Valdez vs RTC; Art 40. If there is a void marriage, then a party
to a void marriage will marry again without the judicial declaration of
nullity of the previous marriage. Accdg to art. 50 the subsequent marriage
is void. Pursuant to Art. 50, we apply Art. 43(2) which refers to the
liquidation to the conjugal partnership or absolute community of property.
Valdez Case: a void marriage under Art 40 is exceptional, not governed by
Art 147 and 147. It is governed by absolute community or conjugal
partnership
25. Abandonment of the wife is not conclusive proof of psychological incapacity
 TRUE
26. Mixed personality disorder from self-defeating personality disorder…
 TRUE
27. A dependent personality disorder of a respondent determined by an expert who
did not personally examine the former cannot be admitted as sufficient proof of
psychological incapacity
 FALSE, no need to personally examine the respondent. He can based it on
other evidence
28. A petitioner may use his own psychological incapacity as a ground for an
action under Art 36.
 TRUE
 Principle/Doctrine of Clean hands dos not apply in the case at bar because
psychological incapacity is inconsistent with bad faith
29. The military pilot of a C-140 PH air force plane carrying typhoon victims is
authorize to solemnize marriage in articulo mortis
 TRUE
 Is a military pilot excluded from the Art 7 par 3? Will that be limited only
to pilots of PAL or Cebu Pac? NO.
30. Parental consent is a mandatory requirement for the issuance of a marriage
license?
 FALSE
31. Lack of parental consent does not affect the validity of marriage
 FALSE
32. No sum shall be collected in the nature of a fee or tax of any kind for the
issuance of a marriage license.
 FALSE
33. A license issued by the civil registrar in violation of an injunctive writ issued
by the court is void
 FALSE
34. A marriage solemnized in La Presa between ethnic residents is valid even
without a license because this is allowed under RA 6766 creating the CAR
 FALSE the act was rejected, it was not ratified
35. A license that was issued on the basis of a falsified affidavit on the basis of the
date of birth of the contracting parties is void
 FALSE mere irregularity
36. A petitioner cannot invoke his psychological incapacity, lack of ceremony,
lack of a valid marriage license and lack of authority of the solemnizing officer
in a single petition for the nullity of marriage.
 FALSE must include everything so as to avoid splitting of a cause of
action
37. There is one void marriage that can be ratified
 FALSE
38. Only a spouse may file a declaration of a void marriage because a void
marriage cannot be collaterally attacked
 TRUE
 Circular of the SC limits the filing to the spouses, heirs may collaterally
raise it in an action for the settlement of the estate of the deceased
39. Linda who married Juan may file an action for nullity of marriage upon
discovery that Juan is the father of Pedro her text mate with whom she fell
inlove and agreed to get married the moment they meet
 FALSE
40. In all cases the psychological incapacity must shown to be existing at the time
of the celebration of marriage
 TRUE (juridical antecedence is a requirement)
 If it becomes manifest thereafter……(Case of Molina enumerated the
guidelines) The root cause must be clinically or medically identified,
alleged in the complaint and proven by the prosecution, and explained in
the decision)
 Elements of Psychological incapacity:
o Juridical antecedence
o Incurable
o
o Participation of the OSG
 What was the modification in the case of Molina?
o The requirement to refer the matter to the OSG before the
decision is released. –removed from the elements
o As to the aspect of representation by the OSG of the State,
same thing (retained)
o We consider the decision of the National Matrimonial
Tribunal
41. The non- performance of the marital obligations may support a claim for
damages unless the respondent is suffering from psychological incapacity
 TRUE
42. A marriage between X and Y is void if X is the son of C who is the brother of
Y’s grand uncle
 FALSE fifth degree
43. An adopted child may marry the adopted child of his adopter’s brother
 TRUE
44. A step child may marry the sister of her step mother
 FALSE PH does not allow same sex marriage
45. A marriage license issued in La Union may be used in Manila
 TRUE
46. An alien may be excused from the requirement of a certificate of legal capacity
to contract marriage if he has been residing in the PH for at least 3yrs prior to
the marriage
 FALSE
47. A justice of the SB in Quezon may solemnize a marriage in articulo mortis in
Zamboanga
 TRUE
48. A marriage without license…
 TRUE/FALSE
49. A marriage witnesses only by the groom’s mother and her pet monkey is valid
 TRUE
50. A 90-yr old man may validly marry his 95-yr old girlfriend suffering from
alzheimer’s disease
 TRUE provided that the consent is voluntarily and freely given
 CIVIL LAW REVIEW ’16 (3rd Quiz)  But if the absent spouse turned out to be alive, then the 1 st marriage
was not dissolve by the death of the spouse so you will have 2
1. M (sorry mahina record) marriages
 There is psychological incapacity in case of a woman who lives a lie  While the subsequent marriage is bigamous, it is EXEMPTED from
at the start of the marriage Art. 35(4)
 She had to write letter to herself, she had to invent personal  This is case of a valid, although bigamous marriage
circumstances and it affected the performance of her marital  But you can’t have the best of both worlds, accdng to the law, so the
obligations. 2nd marriage will be terminated even if it is valid. It will be terminated
 SC said, she is psycho incapacitated NOT upon the reappearance of the absent spouse BUT upon the filing
2. A marriage between first cousins is void for being contrary to public policy. of the affidavit of reappearance.
 FALSE 7. Pregnancy of the wife before the marriage by one other than the husband is a
3. The marriage of the Filipina and an American in the PH facilitated by a mail valid ground for annulment.
order bride operation is not valid?  FALSE it is the concealment that is the ground for annulment
 FALSE it is valid 8. Fraudulent misrepresentation of the one regarding the salary of one is a valid
 The operation of a business like this is prohibited by law, it will not ground for annulment of marriage.
affect the validity of the marriage as long as you have all the elements  FALSE
of a valid marriage.  Instances of fraud is limited to the ones indicated in Art. 46
4. A policeman who killed X, a drug pusher, ….can validly marry the widow of 9. The grounds for annulment of marriage is exclusive to those specified by law.
X.  TRUE
 TRUE it is not covered by Art. 38 (9). 10. A woman abandoned by the husband since 1995 may marry without the
 The killing was not for the purpose of marrying the widow of X judicial declaration of presumptive death.
5. The accused in the ……nullity of his previous marriage…  FALSE
 FALSE  GEN. under the NCC, the 7 year absence for all intents and purposes
 While jurisprudence states that the nullity of a previous marriage will will …to the presumption that the missing spouse is dead BUT since
not allow a party thereto to contract another subsequent marriage the FC is a special law, the requirement for judicial declaration of
without a judicial declaration of nullity of the previous one presumptive death will have to be applied regardless of the number of
 SC said if he/ she gets married again, he/ she is risking a prosecution years even if it is 10 or 20yrs. You still have to comply with the FC
for bigamy. 11. The nullity of the sub marriage because of psycho incapacity is prejudicial
 BUT, EXCEPTIONALLY in the case of People vs Morigo, where the question in a bigamy case
marriage was annulled or declared void from the beginning. The SC  FALSE
acquitted the accused BUT the acquittal was not really based on the 12. The rules of triennial cohabitation is absolute
fact that there is a previous declaration of nullity but on the nature of  FALSE it is merely a presumption
the …. 13. Impotency may be relative
 The SC in Morigo distinguished that case from Sarciano? vs Tan in  TRUE
the sense that n Morigo: there is no ceremony and that there is no 14. A man who can only have an erection by drinking “makahiya” is impotent
marriage to begin with although the SC said you cannot determine for  FALSE
yourself the nullity of the marriage (not matter WON void or 15. In a marriage that is voidable for lack of parental consent, the mother of the 23-
voidable) year old husband may seek the annulment of the marriage
6. A valid bigamous marriage shall be auto terminated upon the reappearance of  FALSE
the spouse.  If more than 21 years old, it the party himself who should file for
 FALSE annulment of marriage
 An exception to Art. 35 (4) is Art. 41 where the spouse is missing 16. The insane spouse may seek the annulment of his marriage to another insane
he/she will be declared presumptively dead by summary judicial person
action and therefore the subsequent marriage will not be considered as  TRUE
bigamous because of the presumptive death of the other one, the  May, during a lucid interval
absent spouse.
17. One single slap to the face can be a ground for legal separation  FALSE
 TRUE  EXCEPTIONALLY for a child below 7, the law states that the child
 Repeated violence BUT if the husband is 6ft tall and he wife is 4’11, must be in the custody of the mother UNLESS it can be shown that
one slap in the face could be fatal the mother is unfit
18. The insistence of the husband to have dog-style sex every other day can be a 27. The offended spouse in an action for annulment shall be disqualify in
ground for legal separation inheriting from the innocent spouse by intestate or testate succession.
 TRUE  TRUE
19. Continued support given by the aggrieved husband to the adulterous wife is  In the case of legal separation, the provision which provides that the
considered as condonation. will shall be revoked by operation of law does not foreclose the
 TRUE possibility of
20. Recrimination must refer to a common ground for legal separation 28. The … of the marriage under Art. 40 of the FC shall be governed by the
 FALSE regime of absolute community of property…
 Different grounds  TRUE
21. A legal separation decree does not become final 29. A void marriage under Art. 36 of the FC shall be governed by Art 148 of the
 FALSE same code.
 Procedurally it does become final  FALSE
22. The wife may revert to her maiden name after the decree of legal separation  Governed by Art. 147
 FASLE  Art. 36 Psycho incapacity is not a legal impediment to a marriage
 Because the marriage was not severed 30. In the event of adverse judgement in a petition for legal separation, the wife
23. The reconciling spouses may adopt a property regime different from what they may appeal or file an MR
had prior to the legal separation  FALSE
 BONUS  MR first before one can file for appeal. Cannot appeal without filing a
 The FC refers to the revival of the previous property regime meaning MR
they have to go back to what they had prior to the legal separation 31. Upon the declaration of nullity of subsequent marriage, Art. 40 of the FC, a
 BUT the SC in its CIRCULAR, provides that the spouses may revert donation propter nuptias in favor of a party in bad faith may be revoked by
back OR they can adopt a new or diff prop regime BUT it is still in court action.
the FC that if the spouses will agree on the prop regime it must begin  TRUE
at the precise moment of marriage  There is an apparent inconsistency between Art 43 and Art 86 because
 An agreement of a property regime to begin in the future is VOID in Art 86 it made donation propter nuptias revocable by court action.
 On the basis of SUBSTANTIVE LAW, it is NOT possible In Art. 43, it is supposed to be revoked by operation of law.
 But if considering the SC circular, it may happen 32. The petition for legal separation may be filed in the family courts in the
 Atty. Delson (personally, I would prefer substantive law) province or city where the marriage was celebrated.
24. Drug addiction or habitual alcoholism of the petitioner is a valid ground for  FALSE
legal separation  It must be in the where either party resides (determinant of the venue
 FALSE of the action – Rules of Court)
 It is the respondent 33. The respondent in a legal separation case may … verbally abused
25. A lesbian may not petition for legal separation against her gay husband whom  TRUE
she caught having sex with their driver.  It is part of the pretrial ……
 FALSE 34. In all cases, sexual intercourse is an implied condonation in a case for legal
 Does it mean that if the spouses are homosexual, they can no longer separation
fila an action from legal separation? NO  FALSE
 Even if the man is homosexual but after finding true love he forgot  Not in all cases, because sexual intercourse can be forced
about his homosexual ways it would be unfair.  If it is forced upon the woman, that is not condonation.
26. After legal separation the custody of the 6 years old child shall be awarded to  There is a diff bet sexual intercourse and F*CK
the innocent husband
  F*CK (“for unlawful carnal knowledge”) refers to adulterous sexual
relations, if with the wife, it is not f*cking but love/romance
35. The decree of legal separation must be published once in a newspaper of
general circulation if the whereabouts of the respondents are unknown
 FALSE
 Why service of summons may, if the party or the respondents is not in
the place of is last residence, he cannot be located or if his
whereabouts are unknown, the publication or the requirement of
publication of the decree will apply only when service of summons
was done by publication
 If at the start of the proceedings, you know where the respondent is
but thereafter he went missing is there a need for you to publish the
decree of legal separation? NO, if you have acquired the jurisdiction
over the person by means of service of summons, then there is no
need to publish the decree
 It is only in the case where the summons is served thru publication
that the decree of legal separation must also be published
36. X purchased the very old Spanish house he was renting from a friend with the
intention of demolishing it once he receives his retirement pay or 2 years from
the sale and construct his dream house thereon. The building is personal
property.
 FALSE
 Intent will not determine the classification of the real property by
incorporation
 The building here is not personal property it is real property
 Remember the classification of real property under Art. 415
i. By nature – those which cannot be moved from place to
place (ex. Land while it is forming part of the earth; land on
a dump truck cases to be land which is immovable by nature
and becomes a personal property but if you put it back to
form part of the greater mass of the earth it reverts back to an
immovable by nature)
ii. By designation –
iii. By incorporation – things which can be moved from place
to place but they are immobilized by incorporation; so it is
the attachment to the ground/ immovable that determines the
classification of the property (permanent or superficial) if
permanent, it becomes real property without any other
consideration even if it does not form part of the land/even if
it is a nuisance YES PROVIDED it is incorporated or
attached to the land permanently. (if it is made up of strong
materials – permanent; as opposed to those made up of light
materials - temporary)
iv. By purpose or by destination – intent of the owner is
material and not the manner of attachment
37. A concrete house on rented lot is personal property
 FALSE
38. A concrete house on rented land may be the object of a chattel mortgage
 TRUE
 While it is a real property, SC said that the parties may agree to
classify it as personal property for purposes of contract - chattel
mortgage
 The obligations arising from the contract shall be the law between the
contracting parties
39. The house mentioned above may be auctioned as chattel mortgage
 FALSE
 The SC said however that the classification of the parties of a house
as a personalty will only be valid between them, if it will affect third
parties, it is still real property. So the procedure governing the
foreclosure, auction or sale of the property shall be that of a real
property.
40. A house built in the middle of the street is not a real property
 FALSE
41. A cash register of a restaurant is a real property
 FALSE
 Remember the elements for a machinery to be immobilized under par
5 of Art 415
 One requirement is that the machinery should cater directly to the
needs of the industry or business, meaning that it must be essential to
the operations of the industry and not merely an accessory
 Essential meaning, that the work or industry cannot be operated
without such machinery
 If the industry can be operated even without the machinery then it is
not essential
42. The beds of the hospital is personal property
 FALSE
43. The machinery to be immobilized by destination may be owned by the owner
of the tenement
 TRUE
 Par 5 of Art 415 does not expressly require that the one who placed
the machinery must own the same
 What is important in par 5 is that the one who placed the machinery is
the owner of the land
 But for the owner to intend the machinery to be part of the real
property it presupposes that he is the owner thereof
 So if he rented the machinery or if her borrowed the machinery for the
use of his industry it cannot be considered as immobilized under Art
415 (5)
44. A statute may be immobilized.
 FALSE
 A statute is a law may not be immobilized
  Statute vs statue  We look at the purpose, if it intended for govtal purposes if it has the
45. A machinery placed by the lessor on rented property for an industry operated characteristics of properties for public use/service..
by the lessee is real property  The second characteristic of property for public dominion..
 TRUE 52. The aircon unit of Jollibee Baguio is real property
46. A portable liquid container may be classified as real property under Article 415  FALSE
 TRUE  Not essential to the business
47. A St. Peter’s fish in a fishpond may be donated orally 53. The printing machine of a newspaper company installed inside its building is a
 TRUE real property
 The inclusion of the animal in Art 415 (6) as real prop will arise if the  TRUE
animal is considered as an integral part of the animal house 54. A machinery bolted on a platform at the backyard (residential lot) of Mr. X is
 If the animal is treated separately with the animal house, it is not personal property
classified as real property  TRUE
 So the taking of a fish from the fish pond is not considered as 55. Exceptionally, a municipality may lease a portion of the town plaza to raise
usurpation of the real property, it is qualified theft. money for charity
 So if you donate the animal not including the animal house, it is  TRUE
considered as a personal property. Thus, you can donate it orally.  Under the LGC a municipality can close down roads and lease it to
48. A vintage care placed by Mr. X in his living room as a permanent individuals
ornamentation may be subjected to a writ of replevin in favor of Y, the true 56. Ownership is elastic
owner  TRUE
 TRUE  It is one of the characteristic of ownership
 The car was not immobilized by destination because the owner of the 57. Ownership may be limited by the nature of the property owned
tenement is not the owner of the car  TRUE
49. Without exception, the strip of land between the high and low water marks of 58. The doctrine of self-help may apply to an immovable property
the sea cannot be registered under the Torrens system  TRUE
 TRUE public dominion 59. The doctrine of state of necessity cannot be invoked if all the elements for the
50. The Roppongi lot in Japan, when no longer intended for public service shall application of self-help are attendant
form part of the patrimonial property of the PHL  TRUE
 TRUE 60. Without exception, Article 448 will apply only if both parties acted in good
 In the case of Laurel vs Garcia, the SC said that Art. 422 does not faith
automatically apply. The suggestion is that there must be an  FALSE
affirmative act from the State as in the form of a law by the legislative  It will apply also if the parties are both in bad faith
branch that would reclassify the property from pubic dominion 61. An owner who does not know the exact metes and bounds of his land cannot
particularly by withdrawing it from public service or public use and be a builder in good faith
classifying it as patrimonial but substantially Art 422 provides that if  FALSE
the property is no longer for public use, it shall form part of the  Negligence does not equate to bad faith
patrimonial property  If you do not know the exact boundary of your property and you
51. A health facility acquired and operated by the City of Manila using funds constructed on the portion of the property of your neighbor, SC says
donated by …. Is patrimonial property you can still invoke GF
 FALSE 62. An accretion automatically belongs to the owner of the land adjoining the
 The only patrimonial property of the State is the property that is banks of the river
acquired using its patrimonial funds  TRUE
 The provisions of the city code states that ?? properties for public  But it does not automatically include in the title to the property, you
service owned by the province are patrimonial will not govern still have to register your ownership
because we have a different classification in the LGC  The law says without condition, if you are the riparian owner you own
the accretion
63. There can be co-ownership between X and Y over two eggs of the same size
 TRUE
64. An agreement to subdivide the property terminates co-ownership
 FALSE
 It is the actual partition that terminates the co-ownership
65. A co-owner becomes the owner of a parcel of land 40 years after he cause the
cancelation of the old title in the names of the co-owners and the issuance of a
new one in his name even if he did not tell his co-owners about the
cancellation
 TRUE
 For a co-owner to acquire a property by acquisitive prescription, one
of the requisite is that there must be a renunciation? of the co-
ownerhsip which must be known to the other co-owners
 Knowledge of the co-owners can be by actual information of by
constructive notice
 SC said that the issuance of a title to one co-owner can be considered
as constructive notice to the whole world that there is liquidation? of
co-ownership
66. X and Y caught a monkey-eating eagle in the forest. A and Y own the bird in
equal shares.
 FALSE
 They cannot own the bird
67. A government recognition issued to a school operated by a stock corporation is
property
 TRUE/FALSE
 The recognition is supposed to be a privilege granted by the State,
strictly Sir would not consider it as property
 HOWEVER, there is an issuance from the CHED saying that if
another party will acquire the school, the recognition given by the
State to the school shall be included
 Before, government recognition cannot be transferred, not it can be
transferred on the condition that the new owner will acquire the
school with the facilities, etc. (should be the recognition plus the
entire school including its operations; cannot sell separately he
recognition and the school)
 Property in a limited extent as long as it is acquired together with the
school. But the fact that it can be acquired by another, makes it a
property.
68. Properties of a municipality for public use are under the control of Congress
 TRUE
 Not patrimonial of the municipality
 The municipality or the province is holding such property as
administrator for the public or for the State.
 The control over the property for public use is with the National
Congress.
 That is the reason why in Zamboanga, the RA of Congress transfers
the properties of the province to the municipalities except hose which
are patrimonial because they cannot do that without the payment of
compensation
 But for properties that are for public use control is lodged with the
Congress so if they will transfer it to the city then the province cannot
do anything about that
69. A lot donated by a private corporation to the city of Manila for the opening a
street is patrimonial under the street is actually constructed
 FALSE
 The purpose is not the actual use, so if it is intended for public use it
is or public is even if the mean time it is not used as such
70. A possessor of a parcel of land may file an action for forcible entry or unlawful
detainer against a party claiming to be the owner of the same
 FALSE
 The tenant can deprive the possession of the property even against the
lessor
 So if the lessor, by FISTS, will dispossess the tenant. The tenant can
file an action for forcible entry.
 For unlawful detainer, it is different, the possessor has the rightful
possession but after it is terminated and he retains possession, it
cannot happen.
71. An artificial lake constructed in the property of Mr. X was destroyed by a
magnitude 7 earthquake inundating the land and damaging the plants of his
neighbor. Mr. X is liable for damages because the owner of a property cannot
make use thereof to injure the rights of a third person
 FALSE
 In the case decided by the SC, there was liability except that here
there is a magnitude 7 earthquake, so apply the rule that in case of
fortuitous event, there is no liability
72. The sperm of Pedro, a bulldog, extracted through manual inducement is a
natural fruit
 TRUE
 Natural fruit is the spontaneous products of the soil and the young or
OTHER PRODUCTS OF THE ANIMAL even if by manual
intervention
 Industrial fruits are limited only to the products of the LAND thru
cultivation
73. Canned sardines from a cannery are fruits
 FALSE
 Products of manual labor?
74. The compensation paid to X who executed a mortgage over his land to secure
the loan of another person is a civil fruit
 FALSE
  It is a COMPENSATION for the RISK undertaken by the owner of  The land cannot be owned by the builder or the one who introduce the
the land to secure the loan of the other party. improvements
75. Article 448 may apply to an improvement introduced by a usufructuary on a  ……….
parcel of land 81. If the landowner elects to sell the land to the builder, the price must be fixed at
 FALSE the market value at the time of taking or introduction of the improvement of
 We do not apply Art. 448 when there is a contractual relation between the land
the parties  FALSE
76. The landowner may avail of demolition as a first option under Article 448  Art. 448 is NOT similar to expropriation
 TRUE  In expropriation, the value considered is the value at the time of the
 It is the last option taking
77. Without exception, Article 448 applies only when a person builds, plants or  In Art 448, the value considered is the value at the time of the sale or
sows on the land of another the payment
 FALSE 82. The buyer who builds on a land after an action for annulment of the sale is a
 There is an exception, even if the land and the building used to be buyer in bad faith regardless of the result of the litigation
owned by only one person  FALSE
 If by contractual or by lawful processes, the ownership of the land has  If there is no knowledge there is no bad faith
been separated from the ownership of the building you can still apply  However, if the seller sells the property knowing that there is a
by ANALOGY Art 448 pending litigation or a case on the said property then there is bad faith
 In the case where the building is used as a collateral and the building 83. A planter in bad faith may demand reimbursement for irrigation expenses
was acquired by a third party in a public auction, as a result the land  FALSE
belongs to the original owner and the building belongs to a third  Not necessary expense
party. The purpose of the rules on accretion is to avoid a case of 84. A builder in bad faith may demand reimbursement for real property taxes on
forced co-ownership where the accessory is owned by one and the the land
principal is owned by another.  TRUE
 Both the principal and the accessory should be owned by only one 85. A planter in bad faith may claim reimbursement for litigation expenses against
person, so in that case you can still apply Art. 448 the landowner
78. Article 448 cannot apply where a co-owner builds on a land owned in common  FALSE
 FALSE 86. The in pari delicto rule applies to industrial accession
 SC said that we can apply Art. 448 when a co-owner constructed a  FALSE
land owned in common but after partition of the co-ownership, the  If they are both in bad faith then they are considered that they both
building encroached upon the share that was given to the other co- acted in good faith
owner so that is an instance where the principal is owned by one and 87. The rule on accretion applies to lakes, non-navigable rivers and shores
the accessory by another. SC said, apply Art. 448  FALSE
79. To avoid unjust enrichment, the builder in Article 448 must pay rent during the 88. In no instance will the rule of accretion apply if sedimentary deposits are
period of retention accumulated because of artificial works
 FALSE  FALSE
 The builder in GF cannot be forced to pay rent during the period of  If the construction were not intended to accumulate deposits but to
retention preserve the property, then the accretion is only incidental, thus it is
80. In industrial accession, a landowner in bad faith may not only lose his property covered by the rules and the riparian owner can become the owner of
but could even be held liable for damages the accumulated deposit
 FALSE  But if the construction/artificial works was intended to accumulate
 In industrial accession, the land owner cannot lose his property/land, deposits, then the rule will not apply.
the worst case scenario is for the land owner to pay damages on top of  But when the dike as constructed not for the purpose of accumulating
the removal of the improvements even if there is destruction and the accumulation was only incidental to the construction of the
dike, we apply the rule on accretion
89. Uprooted trees on segregated land should be claimed within six months  FALSE
 FALSE  Any one of them can do so
 Must be 2 years because they are still lying on segregated land BUT if 100. A co-owner may demand at any time the partition of the property owned in
the uprooted trees were washed upon the land of another, you apply common
the 6 month claim  TRUE
90. The rule on natural change in the course of a river does not apply to navigable
rivers
 FALSE
 Applies to navigable and non-navigable rivers
91. Islands formed through alluvion on rivers and lakes belong to the state
 FALSE
 Rivers, distinguish between navigable and non-navigable rivers
 If the statement is a general one, it is FALSE
92. Plumbatura is the adjunction of the same metals
 FALSE
 It is the adjunction of different metals
93. Gold, united by soldering to platinum, is the principal
 FALSE
 Platinum is more valuable/expensive
94. Tejido shall be governed by the rules on co-ownership
 FALSE
 In weaving we do not apply the rules on mixture, we apply the rules
on adjunction
95. In adjunction involving three or more things belonging to different owners,
there could be two principal things
 FALSE
 There is only one principal, all the others are accessories
96. The owner of a diamond set on a ring may remove the same even if the ring
may suffer some injury
 TRUE
 Even if we presume GF on the part of both parties, if the accessory is
more precious than the principal then it can be removed even if there
is injury but not if there is destruction
97. Sentimental value is not relevant in industrial accession involving inherited
land
 FALSE
 The sentimental value in Art 475 will only apply to personal property
and not to land
 In determining moral damages, you can also include sentimental value
of the real property but not for the purpose of determining or applying
the rules on accession
98. A fictitious contract of sale, sale by an agent without authority, and a voidable
contract of sale are examples of cloud over title to property
 TRUE
99. All co-owners must agree to bring an action for ejectment
 CIVIL LAW REVIEW ’16 (4th QUIZ) (Matrimonial Tribunal) as grave lack of discretion of judgment in matrimonial
obligations under paragraph 2 of Canon 1095, is psychological incapacity
1. A disposition in a will giving a close friend a legacy of an expensive personalty under Art 36 of the FC
is a patent ambiguity.  FALSE
 TRUE  Those covered by Canon 2 does not constitute incapacity under Art
 Two kinds of ambiguity 36, only Canon 3.
o Patent – Those which are apparent on the face of the will. 10. If the wife declared presumptively dead has never been absent, the subsequent
o Latent - Ambiguities which are not apparent on the face of marriage of the husband will be terminated by the filing of an affidavit of
a will but to circumstances outside the will at the time the reappearance.
will was made.  FALSE
2. In all cases, pleading a foreign law without proving the same will bar its  Art 41 no applicable
application in the PH.  Marriage is void under Art 35 (4)
 FALSE 11. The opposition filed with the HLURB and he City Building Official by a
3. A cause of action for damages based on acts contrary to morals may arise if a claimant is sufficient to make the builder who still continues the construction,
manufacturer employs the illegally dismissed employee of another in bad faith.
manufacturer, copies the latter’s products and sold these to the latter’s  TRUE
customers. 12. If X enters into a contract of lease with Y over a property without any
 TRUE objection from Z, the latter, who claims open and continuous possession of the
4. A divorce obtained abroad by an alien may be recognized in our jurisdiction land, may still file a petition for quieting of title against X.
through a petition for the recognition of the divorcee’s subsequent marriage  FALSE
 FALSE 13. Under the rule of equity, quieting of title can be allowed even if the plaintiff
 What is the proper action for the recognition of divorce decree? fails to allege legal or equitable interest in the real property.
o Special proceeding  FALSE
o Action for cancellation or correction of the entry (Rule 14. A Transfer Certificate of Title found to overlap another TCT registered in the
103) name of another person may be the subject of an action for quieting of title
5. Narcissistic Personality Disorder with Anti-Social Disorder may constitute  FALSE
psychological incapacity under Art 46 of the FC 15. A co-owner may rightfully dispose of a particular portion of a co-owned
 TRUE property prior to partition among all the co-owners.
6. Under the Totality of Evidence Rule, the admission of the petitioner together  TRUE
with her demeanor in court evidently manifesting a disordered behavior may 16. A co-owner may sell his interest in a co-ownership but the sale of a concrete or
be considered as proof of psychological incapacity san expert opinion. definite portion of the co-owned property is void without unanimous consent
 TRUE because this is not a mere act of administration
 Totality of Evidence Rule -  FALSE
7. In observance of the synodal cadence towards the same goal of protecting and 17. A machinery that was immobilized under paragraph 5 of Article 415 cannot be
cherishing marriage and the family as the inviolable base of the nation, what is the object of a writ of replevin in connection with mortgage thereon.
decreed as canonically invalid must also be decreed civilly void on the basis of  FALSE
the former’s merit.  Art 415
 TRUE  Objects immobilized if disposed of or encumbered, in that case, apply
8. Irreconcilable differences, sexual infidelity, emotional immaturity an rules on personal property
irresponsibility traced by the totality of evidence to an unwillingness to assume 18. Power barges are immovable property by destination subject to real property
the essential obligations of marriage is psychological incapacity taxes.
 FALSE, it is not unwillingness or refusal that constitute Psycho  TRUE
incapacity. It is the failure to appreciate an obligation that will 19. Property comprehends every species of title, inchoate or complete, legal or
constitute a ground equitable.
9. The failure to assume the duties of a wife and mother, as well as emotional  TRUE
immaturity, irresponsibility and infidelity, declared by the NAMT
20. When the tides of the sea invade the estate in a storm surge, the invaded 29. Errors in a will may be corrected after the testator’s death
property becomes foreshore land and passes to the realm of the public domain.  TRUE
 FALSE 30. A will written by a testator after being judicially declared insane is void even if
21. An heir cannot acquire the interest of a co-heir by prescription. made during a lucid interval
 TRUE  FALSE
22. The owner of a piggery is liable to the owner of lower estate flooded with 31. As a rule the will must be read before the testator and his witnesses sign the
polluted water and pig manure same.
 TRUE  FALSE
23. For an unborn child, succession is the original mode of acquiring ownership 32. If the testator delegates the signing of the will to a representative, the latter
 FALSE must sign his own name and the name of the testator
 Succession is not the original  FALSE
 What are the original modes of acquiring ownership? (Original - do  Only the name of the testator
not arise or depend upon any pre‐existing right or title of another 33. The test of available senses provides that the witnesses must sign the will
person) within the range of a blind testator’s senses
o Occupation  TRUE
o Intellectual Creation 34. A will of only one page does not need the testator’s marginal signature
o Acquisitive Prescription, etc  TRUE
24. Rent accruing after the opening of succession is governed by accession in favor 35. A will is void if the witness signed before the testator subscribed his will
of the individual heirs as co-owners even prior to the settlement of estate and  FALSE
partition  Requirement is that they sign in the presence of each other
 FALSE 36. The last page containing the attestation clause only need not be numbered
 Rights is inchoate until there is paritition  TRUE
25. A document denominated as a will is valid even if it does not contain any  What is an attestation clause?
specific disposition of property in favor of another. o Memorandum in writing…
 TRUE 37. The attestation clause need not be signed by the testator
 What is a will?  TRUE
o Art 783 38. The attestation clause may be in a language not known to the testator and the
 Can there be a will without disposition of property? witnesses
 Suppose it contains disinheritance, is it a valid will? YES, it is a  TRUE
disposition of more heirs in favor of the other heirs 39. The statement of the place of execution of a will need not be indicated
26. The disposition of a particular property in favor of any person, institution or  TRUE
establishment to be designated by a third party is valid. 40. The attestation clause need not be placed at the bottom of the will.
 FALSE  TRUE
27. A reciprocal will is void if it contains a disposicion captatoria 41. The witnesses may sign at the margin of the page containing the attestation
 TRUE clause
 What is disposicion captatoria?  FALSE
o Art 875 42. An unintentional incorrect date does not invalidate a holographic will
 What is the condition?  TRUE
o That the heir shall make some provision in his will in favor 43. An interpolation in a holographic will that is not authenticated by the testator’s
of the testator or any other person full signature will invalidate the will.
 I will give X this house and lot on the condition that he will give me  FALSE
his car. Valid? NO. 44. Previous dispositions in a holographic will which were dated but not signed are
28. A will of a Filipino written in Span must comply with the formalities validated by subsequent dated and signed dispositions
prescribed by Spanish law unless executed inside the consular office of the PH  FALSE
 FALSE 45. An attesting witness may use his thumb mark, instead of a signature
  TRUE 60. Give 4 distinctions between alluvion and avulsion
46. A forced heir may be a witness to the testator’s will 61. What are the 5 characteristic of ownership
 TRUE 62. Enumerate 5 characteristic of property of public dominion
47. A revocation of a will base d in a false cause will make the will void 63. Enumerate 8 Molina guidelines in declaring a marriage void
 FALSE 64. Enumerate 9 void marriages for being contrary to public policy.
48. A monetary obligation of the decedent may be inherited by an heir in the sense
that whatever payment made from the estate is ultimately a payment by the
heirs or distributes since the amount of the paid claim in fact diminishes or
reduces the shares that the heirs would have been entitled to receive.
 TRUE
49. An heir may sell his share in the inheritance after the death of the decedent
although the will has not yet been probated.
 TRUE
50. The failure to state the number of pages in the attestation clause of a will can
be cured by a statement of the number of pages in a subsequent codicil.
 FALSE
 It must be published
51. A will was signed in the presence of an instrumental witness even if said
witness is in an adjoining room separated by a glass wall decorated with wall
paper all over.
 FALSE
 What is the test of presence?
o Able to see WITHOUT distraction
52. A will is void if it does not state that it is written in a language known to the
testator
 FALSE
53. Only natural persons may be decedents in succession
 TRUE
54. An unborn child may be a decedent
 FALSE
55. Ang isang ulyanin ay hindi pwedeng gumawa ng kanyang testament kung
hindi niya matandaan ang pangalan ng kanyang asawa
 FALSE
 What are the test of soundness of mind?
o Art 799
56. Dean Jara can sign his will with a smiley symbol
 FALSE
57. A dried up river bed is property of public dominion.
 TRUE
58. Enumerate 7 characteristics of a will
 What is a personal act?
o The disposition of property is solely dependent upon the
testator.
59. Enumerate 5 matters that are covered by the strictly personal act rule in the
making of a will
 CIVIL LAW REVIEW ’16 (5th QUIZ)  What is a quasi-usufruct?
 If you are to use the thing, then you cannot return it. You will return
1. The property regime of naturalized Americans (formerly Filipino) may be its APPRAISED VALUE of the same kind and quality PLUS
liquidated for the distribution of their properties in the PH even without SENTIMENTAL VALUE
presenting the divorce decree in accordance with the rules on recognition of 14. Ordinary repairs consist of repair of damages due to normal use, which are not
foreign divorce because the spouses are governed by their national law. indispensable for preservation.
 FALSE  FALSE
2. A condominium owner may sell his separate unit to one buyer and his interest  Ordinary repairs – indispensable for preservation; usufrusctuary
in the common areas to another buyer provided that the latter owns another nit shoulders
n the same condo.  Ordinary vs extraordinary – determine who sill shoulder costs
 FALSE  Extraordinary repairs – owner shoulders
3. In simple substitutions, the second heir takes the inheritance in default of the 15. The naked owner is obliged to make extraordinary repairs.
first heir by reason of incapacity, predecease, disinheritance and renunciation.  FALSE
 FALSE  Obligation of the naked owner is to shoulder the expenses but not to
4. In Reyes vs CA, the probate court was justified in ruling on the intrinsic necessarily make the repairs
validity of the will because there was preterition 16. If the usufructuary did not share in the payment of insurance premiums, he is
 FALSE still entitled to the use of the usufruct to avoid unjust enrichment.
5. If part of the land of X falls on the lower estate of Y as a result of an erosion  FALSE
cause by an earthquake, X has the right to remove the same within 2 years  If the owner redeems means he did not share in the payment of the
 TRUE premium, he cannot use.
6. In accession involving personal properties, there is no instance where the  But under 607, he will be entitled to receive interest at the legal rate
principal things can be acquired by the owner of the accessory thing. of the value of the lot and materials therein
 FALSE 17. When the parties share in the payment of insurance premiums on the building,
7. If the gold ring is valued at 20,000 while the gem set on it by adjunction is the naked owner must rebuild.
20,500 the owner of the gem may remove it even if the ring may suffer a  FALSE
scratch.  There is no obligation to redeem
 TRUE
 He has the option to redeem
8. A deed of exchange of a parcel of land with a kilo of shabu as consideration is
 If he redeems, then the usufructuary can continue enjoying the
void and may therefore constitute a cloud over the title thereto for purposes of
building
an action to quiet title.
 But if he does not, he must pay interest periodically computed on the
 FALSE
insurance premium
9. Preservation is a natural but not an essential requisite of usufruct
18. The usufructuary may collect from the naked owner reimbursement for
 TRUE
pending fruit upon termination of the usufruct to avoid unjust enrichment.
10. Usufruct may involve real or personal property but an easement could only be
 TRUE
over a real property.
19. A usufruct is terminated upon death of the naked owner.
 TRUE
 FALSE
11. There could be usufruct over money
 Death of the usu terminates it
 TRUE
20. A usufruct over a sack of rice is void if not appraised.
12. The usufructuary may lease the property to a third party but must ask the
 FALSE
consent of the naked owner to the lease contract and the choice of lease
21. Upon the termination of the usufruct, the usufructuary has the right of retention
 FALSE
for taxes and ordinary expenses
 It is the usufructuary that negotiates and who will choose the lessee
 FALSE
(right of the usufrustuary)
 Taxes and Extraordinary
13. In quasi usufruct the usufructuary must return the thing itself or pay it current
22. A survivorship agreement between joint depositors a bank account must be in
price at the termination of the usufruct.
the form of a will
 FALSE
  FALSE  if the omission is intentional, but he does not comply with the
 What is a survivorship agreement? conditions of disinheritance, (governed by 918)
23. A will that was impliedly revoked by a subsequent will shall be revived upon o the institution of heirs will be annulled but only to the
the revocation of the second will extent of their legitime
 TRUE 30. Substitution of an heir is a conditional institution
24. Republication by reference may be done through a holographic will  TRUE
 TRUE 31. Exceptionally, a compulsory heir may be substituted
25. Opposition to the intrinsic validity of a will cannot be entertained during  FALSE
probate  Can you impose a condition on legitime?
 TRUE o General Rule: NO
 General rule, jurisdiction of the probate court is limited to o Exceptionally: you may impose the condition of non-
o Extrinsic validity (Formalities) partition for 20 years, other than that no other condition
o Testamentary Capacity bec it was reserved by law for the compulsory heirs
o Identity of the Will o Deprive the compulsory heirs by Disinheritance
o CANNOT determine intrinsic validity 32. An absolute condition not to marry is void
 Exception: SC held that is the will is void on its face, the probate  TRUE (general statement)
court can rule on the intrinsic validity of the will  If it is imposed by the widow or the children it will be valid
26. The presentation of a will for probate is mandatory  How about a relative condition not to marry?
 TRUE 33. If the husband abandons the wife without just cause, a third person may be
27. A mere picture in the testator’s cellphone of his holographic will may be appointed as administrator of their property
allowed for probate purposes  TRUE
 FALSE 34. There is collusion if the husband will set up his wife to commit an act of
28. A duplicate copy of a notarial will may be accepted during probate adultery to have a ground for legal separation
 TRUE  FALSE
 What must be done?  This is a case of connivance
o Explain why cannot present the original 35. In no case may a court compel performance of marital obligations between the
29. There is no preterition if the excluded heir, with or without issue, does not spouses because these are personal obligations
survive the testator  FALSE
 FALSE  Support is an exception can be enforced through court action
 Last requisite, must survive the testator, exception if the preterited 36. A husband has an action for damages based on breach of contract against the
heir has his own heirs, it will be subject to the right of representation wife who fails to perform her obligations as a spouse
 What is preteririton; Elements  FALSE
 Omit the wife preterition? NO  No breach of action in contract of marriage
 Applies to both ascending and descending line subject to the rules  Basis of cause of damages is tort (Art 19)
provided for by the NCC 37. Without exception, stipulations in the marriage settlements on property
 If the ascendants are excluded by the descendants no preteririton relations shall be void if the marriage does not take place
 Pretertion of an adopted child? YES, because they are considered  TRUE
legitimate 38. The 1/5 limitation on donations by reason of marriage will also apply even if
o If the adopter omits the adopted, there is preterition. The the parties executed an ordinary donation
institution of heirs will be annulled  FALSE
 Will it matter if it was by accident, by mistake or unintentional and  The 1/5 limitation applies if the donation propter nuptias is made in
the omission is total and complete? the marriage settlement
o Art. 854, 855  The reason for limitation is to prevent undue influence
o if the omission was not intentional
  If it is an ordinary donation, there is nothing to prevent since it was  TRUE
not made in consideration of marriage but out of pure liberality, thus  In this event, there will be co-ownership between the spouse and the
limitation does not apply conjugal
39. Donations propter nuptias need not comply with the formalities required for  What re considered to be separate in CPG
the validity of ordinary donations o Acquired using the separate funds of one spouse
 FALSE  Partly by Conjugal and Partly by Separate
40. After legal separation, the done may revoke a donation by reason of marriage if o Apply the rule that those acquired during the marriage
the donor is the guilty spouse because no one may be compelled to accept the form part of the CPG WITHOUT prejudice to the
generosity of another obligation for reimbursement
 FALSE 47. Damages awarded by a court to H in connection with a contract of carriage he
 The donor may revoke the donation if the donee is the guilty spouse entered into prior to his marriage belong to the conjugal partnership if the
41. The sex-change-operation of the husband is a valid ground for declaration of judgment became final during the marriage
nullity of the marriage  FALSE
 FALSE  The contract was entered into using finds of the spouse
 Not one of the grounds, grounds must be present at the time of the  Cause of action arose before the marriage
celebration of the marriage 48. Moral damages awarded in favor of the husband because of physical injuries
42. The expenses of the husband in undergoing the sex change operation are inflicted by the brother of his wife belong to the conjugal partnership
chargeable against the absolute community  FALSE
 FALSE  It is separate property
 Not for self-improvement 49. Interests earned by the bank deposits of H belong to the absolute community
43. Each spouse must shoulder expenses for preservation of their separate even if the capital was donated by his grandfather a day before to the conjugal
properties partnership.
 TRUE  TRUE
 Unless of course if it used by the family 50. Interests on the ante nuptial accounts payable of the husband incurred during
44. In all instances the spouse shall be governed by the regime of absolute his stag party shall be charged against the conjugal partnership but the
community in the absence of a stipulation on property relations principal must be paid out of his exclusive funds
 FALSE  FALSE
 Art. 103, 130 it is complete separation  Not benefit the family
 Spouse dies, no liquidation, surviving remarries 51. The husband alone may be sued for the enforcement of an obligation entered
o The property regime of the surviving spouse and the new into by the spouses
spouse if complete separation of property  TRUE
45. A car acquired by H prior to his marriage to W belongs to the conjugal 52. The conjugal partnership will be liable of the contract was executed by the
partnership if conjugal funds were used to pay the remaining installment husband with the wife signing as a mere witness
payments secured by a chattel mortgage over the car executed by H upon  TRUE
delivery of the car 53. Fines and indemnities imposed upon the husband may be charges against the
 FALSE partnership assets even before the liquidation of the partnership
 Art 118  TRUE
 When the ownership was acquired 54. The conjugal partnership shall advance payment for liability of a debtor-spouse
o Vested before the marriage – separate arising from a criminal offense
o Vested after the marriage – conjugal  FALSE
 Car was acquired prior. Car is separate, but the husband has to pay the 55. In all cases, the transfer of conjugal partnership property by the administrator
conjugal partnership that was used to pay the remaining balance spouse without the consent of the other spouse us void ab initio
46. A car purchased during the marriage, 45% of the price of which is paid out of  FALSE
conjugal partnership funds and 55% from the exclusive finds of the wife,  Exception: if there is court approval
belongs to the conjugal partnership
56. Judicial separation of property may follow upon the declaration of presumptive 66. Grounds for revival of property regime between the spouses before judicial
death of the wife who was missing for 3 years after the plane she boarded separation of property (7)
crashed in the Indian ocean 67. Presumptions regarding possession (8)
 FALSE 68. 4 degrees of possession
 If there is presumptive death, you liquidate the property regime
 Judicial separation of property is a proper remedy ONLY if the CIVIL LAW REVIEW ’16 (6th QUIZ)
marriage has not been dissolved.
57. Upon court approval of the agreement for voluntary separation of property, its *2 hypo questions
effectivity shall retroact to the date of signing of the agreement 1. Marriage Settlement/Donation Propter Nuptias – marriage did not happen,
 FALSE brother of supposed to be husband claims the car given by supposed to be husband
 Effectivity is not the finality of the judgment to his supposed to be wife
58. After judicial separation of property, the spouses may agree to revive their 2. Dried up river bed for registration
former property regime or adopt a new one
 FALSE
 Not apply the circular that applies to legal separation where the SC CIVIL LAW REVIEW ’16 (7th QUIZ)
said that thye can revieve or adopt a new one
1. An easement is a real right of limited use but without possession of the thing
59. Voluntary dissolution of the absolute community may happen only once
 TRUE
 TRUE
2. The easement of light and view, abutment of a dam, and aqueduct are
60. Judicial separation under Art 135 of the FC may happen more than once
continuous easements
 TRUE
 TRUE
61. The administration of exclusive property may be transferred by the court to the
3. The easement of distance may be acquired by prescription
other spouse who is sentenced to a penalty which carries with it civil
interdiction  TRUE
4. Servitude of intrusion may be acquired by prescription upon a notarial
 FALSE
prohibition given to the servient owner
62. What are the concepts of legitime (2)
 Right of the compulsory heirs to the share that was reserved for him  FALSE
by the law  Intrusion is a positive easement
 Property forming part of the estate  Notarial is a negative easement
63. 2 instances when the naked owner is obliged to post a bond in usufruct (Art 5. In the establishment of an easement by apparent sign, the silence of the deeds
587 &609) does not bar the right to the easement
 Expropriation Proceedings, make a replacement to the usufructuary,  TRUE
cannot still, pay the usufructuary (usufruct over money), interest. To 6. In exceptional circumstances, an easement of right of wat may be acquired by
secure the obligation, secure the bond. prescription
 If the naked owner does not want the personal property to be used for  FALSE
it has Sentimental Value  Discontinuous easement, cannot be acquired by prescription
64. Enumerate 9 classes of succession 7. The right to claim the exercise of a legal easement does not prescribe
65. 6 grounds for disallowance of wills  TRUE
 Non–compliance with the formalities of the will 8. The opening of a public road adjoining the dominant estate ipso facto
 Incapacity of the testator extinguishes an easement of right of way through another’s property
 Fraud on the part of the heir or the person in who favor the will was  FALSE
created  It is not automatic, there must be demand and payment of indemnity
 Undue and improper influence or pressure 9. By accession, fruits falling naturally belong to the owner of the land on which
they fall
 Signed the document
 FALSE, by operation of law not by accession
 Mistake, never intended the document to be his will
10. The easement of lateral support does not apply to future constructions
 FALSE
11. A general capacity to contract is sufficient to constitute a voluntary easement
 TRUE 24. 8 External signs rebutting the existence of a party wall
12. A property under usufruct may be subjected to a voluntary easement
 TRUE 25. Exceptionally, a void marriage order Art 36 of the FC may be ratified
13. There could be an easement over a property under usufruct
 TRUE 26. Family relations exist between the mother-in-law and the son-in-law even after
14. The stock dividends belong to the naked owner but the usufructuary can enjoy the death of the latter’s wife
the same during the period of usufruct
 FALSE 27. An Australian living in the PH acquired shares of stock worth 10M in food
 It belongs to the usufructuary manufacturing companies. He died in Manila, leaving a legal wife and a child
15. There is no need for security in a usufruct over periodic rentals in Australia and a live-in partner with whom he had two children in Manila. He
 TRUE also left a will, done according to the PH laws, leaving the properties to his live
16. The easement of right of way may be apparent or non-apparent in partner and their children. Is the will valid?
 TRUE
17. The easement of light and view may be non-apparent 28. The residents of a subdivision have been using an open strip of land as passage
to the highway for over 30 years. The owner of that land decided, however, to
 FALSE
close it in preparation for building his house on it. The residents protested,
 There has to be an opening
claiming that they became owners of the land through acquisitive prescription
18. The easement of light and without view may be positive or negative
having been in possession of the same in the concept of owners, publicly,
 TRUE peacefully, and continuously for more than 30 years. Is this claim correct?
 Positive: Party Wall
 Negative: Exclusive Wall 29. Kili kili Power Towers Condominium Corporation (“KPTCC”) is a non-stock
19. The easement on riparian owner is 20 meters along the banks of river in corporation organized for the sole purpose of holding title to and managing the
agricultural areas. common area of the KIli Kili Power Towers Condo. Membership in KPTCC is
 TRUE compulsory and limited to all registered owners of units in the Condo. Poorita
 20 years - Agricultural Corp is the registered owner of Unit 1A of the Condo. Poorita Corpo’s
 40 years - Forest President, Kulangot S. Pader (“KSP”) occupies said unit. Poorita failed to pay
20. 4 requisites of right of way the quarterly assessment and dues (beginning the year 2010 to present) that
 owner of the property KPTCC collects pursuant to the Master Deed and Declaration of Restrictions
 estate is enclosed by other immovable and its By Laws. KPTCC thus disallowed KSP and Poorita from using the
 not due to his own fault Condo facilities and common areas. Poorita alleges that by preventing the use
 absolutely necessary of the common areas, KPTCC has no right to demand payment for assessment
 payment of indemnity and dues as the right to demand such payment carries with it the correlative
 least prejudicial to the servient owner (preferred shorter) right to allow the use of the condo facilities. Poorita also claims that since it is
21. Whenever the dividing wall of masonry has stepping stones, the wall is KSP using the Unit 1A and the facilities and Poorita us only a juridical entity
presumed an exclusive wall belong to the party on whose side the stepping that does not actually stay in Unit 1A. KPTCC cannot collect such dues. May
stones protrude KPTCC collect assessment and dues against Poorita Corporation? Why? Why
22. 6 modes of extinguishing easements not?
 Merger
30. Roddy, Leila and Barrack are siblings. Their father, Padre Flora y Fauna,
 Bad Condition
passed away. Roddy and Leila made arrangements for the cremations of their
 Non-user for 10 years
father’s remains. After the cremation and without Roddy and Leila’s
 Redemption agreed upon by the parties
knowledge or consent. Barrack took the ashes away. Roddy and Leila want to
 Renunciation by the owner charge Barrack for theft. Barrack alleges that no action for theft may be filed
 Expiration of the term or fulfillment of a resolutory condition against them as they ashes or the remains of Padre Flora y Fauna do not
23. A transferor whose property is isolated by a property he donated may demand
a right of way from the transferee without indemnity
constitute property or are beyond the commerce of man. Are Padre Flora y
Fauna’s remains (ashes) property? Explain.