Civil Law Updated Samplex 1 PDF

CIVIL LAW REVIEW (1st Quiz) 8.
A law changing the name of Luneta park to Digong park mentioned by the
Help others pass. Check generously. Crabs do not succeed. Cheaters do not pass the bar.
president in his state of the nation address with full TV and radio coverage is
1. Exceptionally, an administrative regulation may prevail over a statutory valid because no publication is in fact required in this case.
enactment if the former is more equitable and just than the latter
 FALSE
 FALSE
 All laws must be published
2. Equity may be invoked in a case involving a moral obligation
9. A law re-organizing the NTC may be published through official NTC website
 FALSE since it is of particular application to said agency
 Invoke Equity  FALSE

Give more credit. Study smart! Ora Et labora!

No cause of action in Moral Obligation  All laws must be published
3. As a matter of equity, an order from the BSP suspending the operations of a 10. A law naturalizing Andray Blatche to play for Gilas Pilipinas must be
bank may be considered force majeure to excuse it from paying stipulated published pursuant to article 2 of the civil code.
interests
 TRUE
 TRUE
11. Article 16 of the civil code exemplifies the maxim mobilia sequuntur personam
 BSP Circular/Order qualifies as force majeure
 FALSE
4. A law to take effect immediately upon signing by the president is void
 Lex rei sitae
 FALSE
12. There is no exception to the application of article 3 of the civil code.
 No effect but not void
 FALSE
 Must be republished to be valid?
 There are exceptions
5. Senate rules on the conduct of public hearing in aid of legislation must be
published to be valid 13. Exceptionally, article 3 of the civil code also applies to ignorance of facts
brought about by difficult questions of law.
 TRUE
 FALSE
6. An ordinance passed by Muntinlupa City must be published in accordance with
article 2 of the civil code  Not ignorance of facts but ignorance of the law
 FALSE 14. A Bedan lawyer may invoke lack of knowledge to avoid waiver of election
between inconsistent remedies to claim damages for a work related injury to a
 Need not be published if …..goverened by LGC (memaid) relative.
7. The rules of procedure in the conduct of administrative proceedings against  FALSE
erring employees of PAGCOR, a government corporation, must be published
in a newspaper of general circulation.  A Bedan knows everything
 FALSE 15. A law amending article 1 of the Family Code to allow same-sex marriage in the
Philippines is a curative law, which may be given retroactive application
 Internal in nature
 FALSE
16. A penal law shall be given retroactive effect 25. A common carrier allowing passengers to ride on top of the vehicle as is
customary in the place may be exonerated from liability because a person who
 FALSE had every reason and assurance to believe that he was acting under the sanction
 General Rule is it is prospective of the strongest of all civil assurance to believe that he was acting under the
sanction of the strongest of all civil assurance to believe that he was acting
17. Acts committed against mandatory or hortatory laws shall be void under the sanction of the strongest of all civil forces, the custom of a people,
should not be liable.
 FALSE
 FALSE
18. A provision in a contract of lease of a boarding house allowing extra-judicial
ejectment is valid. 26. Parties cannot stipulate on what the law is but a court may take judicial notice
of a foreign divorce law when the parties so stipulate and none of them will


FALSE claim otherwise.
 Contrary to public order  TRUE
19. A provision in a contract of lease in a mall allowing temporary padlocking of a  Court may take judicial notice of divorce law
stall is valid.
27. One year from feb 1, 2016 shall be January 31 2017 because 2016 is a leap
 TRUE year.
20. A provision in a modeling contract with FHM requiring the model to return the  FALSE
fee if she becomes pregnant within 3 years from publication is a valid waiver
28. By estoppel a 14 year old alien, who is a minor under his national law, may
 FALSE enter into a valid marriage contract in the Phils.
 It is unreasonable, thus contrary to public policy  FALSE
21. A repealed law must be revived when the repealing law is subsequently  No estoppe in this case
repealed by a 3rd law.
29. The Phils has a practice of accepting the referral in case of “renvoi” thus
 FALSE applying the foreign law to the conflicts case before it, provided that the
 There is no inconsistency in the 1st and the 3rd foreign law is not contrary to Phil public policy
22. International law is always supreme over domestic law  FALSE
  Accept the referral and apply PH law

FALSE
 Domestic over International law, subject to territorial jurisdiction 30. As a general rule, divorce decrees obtained by foreigners in other countries are
recognizable in our jurisdiction, but the res judicata effects thereof must still be
23. In computing a period, the first day shall be excluded and the last day included determined by our courts.
except when the first or last day falls on a Sunday or a holiday.
 TRUE
 FALSE
31. If a third person dealing with an agent is unaware of the limits of the authority
 Consider only if the last day falls on a Sunday/holiday conferred by the principal on the agent and the third person has been deceived
by the non-disclosure thereof by the agent, the latter is liable for damages to
24. When a doctrine of SC, is overruled and a different new is adopted, the new the principal under the provisions on human relations.
doctrine should be applied prospectively unless it is favorable to the accused.
 FALSE
 TRUE
32. A mortgagee may take steps to recover the mortgaged property to enable it to 40. There is no unjust enrichment in the absence of causal relation between ones
enforce or protect its foreclosure right thereon enrichment and the others impoverishment
 TRUE  TRUE
33. An educational institution can be held liable for damages for encouraging a 41. For art 20 of the civil code to apply, the act must be directed specifically at the
student into believing that he can survive law school person suffering the damage
 FALSE  FALSE
34. A wrongful advertisement in the newspaper stating that the house of Doc. C in  With or without intent Art 20 apples
Bagong pag-asa Quezon City is located in Forbes Park, Makati, may fall under
the protection of art. 26 of the NCC 42. For defamatory words to be actionable in court, it is required that they are

personal to the party maligned, who is ascertained or at least ascertainable
 TRUE
 TRUE
35. The absolute nullity of the previous marriage in a case pending before the RTC
in manila may pose a prejudicial question in a bigamy case pending before the 43. A statement “the present Justices of the SC are corrupt” is actionable.
same court.  TRUE
 FALSE 44. When acquittal is based on the finding that the crime did not exist, a civil
 In the present jurisprudence, it is VOID. action based on such ex delicto would be improper.
  TRUE
It is not determined by itself, it needs judicial declaration (Art 40)
36. A law student in a sexual relationship with his male professor has cause of 45. Personality is the capacity to act with legal effects
action against the latter for damages.  FALSE
 FALSE  Personality is…
 Mutual lust 46. The father may inherit from a foetus who dies in the mother’s womb
 SC held that if it is more than once, it is consensual otherwise there is  FALSE
deceit
 Art 40 and 41 NCC
37. MERALCO can cut off electricity to a non-paying customer
47. A jurisprudential or stature re-examination of the strictissimi juris rule in Geluz
 TRUE vs CA is in order
 Quisimbing case – allowed provided the legal procedure is observed  TRUE
38. The court must protect an igorot entering into a contract with an Ilocano.  The Constitution provides that the right of the unborn be recognized
 FALSE 48. Grace Poe is a Filipino Citizen
39. There is unjust enrichment even if the person receiving the benefit has a legal  TRUE
right thereto
49. An alien married to a Filipino becomes ipso facto a citizen of the Philippines
 FALSE without need to prove anything
 Applies only to mistake  FALSE
 One must prove the qualifications
50. The domicile of a conjugal partnership of gains is the place of CIVIL LAW REVIEW (2nd Quiz)
marriage.
1. Support in arrears cannot be waived because the waiver will be contrary to
 FALSE public policy.
 FALSE. Support in arrears may be waived, future support cannot be
 There is no domicile for conjugal partnership since it has no
waived.
personality 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
not to Americans.
 Marriage is a special contract of permanent union between a man and a
woman entered into in accordance with law for the establishment of
conjugal and family life. It is an inviolable social institution whose nature,
consequences and incidents are governed by law and not subject to
stipulations except that…..
 What makes it a special contract?
o Governed by a specific law which is the Family Code
 Special Contract vs Ordinary Contract
SPECIAL CONTRACT ORDINARY CONTRACT
Between a man and a woman Between parties who does not
ONLY necessarily need to be a man and a
woman
Law defines terms and conditions Law and Stipulations
(XCEPT: property relations but still
within the limits provided for by
FC)
 Permanent union meaning?
o DEATH terminates marriage in case of valid marriage
o Court Action terminates marriage in cases of defective marriages
 Between a man and a woman, who is a man and a woman under the law?
o Republic vs Cagandahan
o The woman has the “ova” and the man has the “spermatozoa”
If the civil registrar still issued
o Even if you cut of the penis, a man is still a man
the license after 10 wks.
o Only chance that a correction in the Cert of Live Birth is allowed
Marriage is still VALID.
is if he/she is an intersex (born with both the ova and the
spermatozoa) Right of choice - person after reaching the age of MERE IRREGULARITY
majority o Purpose of Publication Requirement?
o Typographic errors, need not go to the court. Administrative case ▪ Civil registrar will be informed of any legal impediment
only o Publication done for 5days? Affect marriage?
 Purpose of marriage? ▪ NO. Mere Irregularity
o Enter into a conjugal and family life o Marriage license was provided without the parties applying for it.
o Meaning: to create a family Valid?
 Why is it considered as an inviolable social institution? ▪ NO. This is a case of lack of license. If they did not

o Family is the foundation of the society apply for a license, this means that this is a FAKE
o Constitution promotes the creation of family as the basic LICENSE (Civil Registrar of Recto)
foundation of the society 7. Exceptionally there could be a valid marriage in the PH between 2 Filipinos 17
o Relationship that involves the society years old and below
o Between man, woman and State. State is always an interested  TRUE
party 8. A marriage by proxy between two Filipinos abroad is valid in the PH if valid in
 Requisites of a valid marriage: the country of celebration.
o Legal capacity of the contracting parties who must be a male and  TRUE. (Art. 26)
a female, at least 18 years of age and no impediment under 37  Proxy marriage involves formality, and if it is formality, the law of the
and 38 country where it is made/celebrated governs.
o Consent freely given (no any involuntariness)  What is a proxy marriage?
 How is consent manifested? Verbally? Writing? Sign Language? o Where one of the contracting parties send another person
o No form prescribed by law to represent him
o “PERSONAL DECLARATION that they take each other…”  Do we allow proxy marriages?
o Any means of manifesting consent o NO, because under our law we require a formal ceremony
o Ex. Marriages in articulo mortis (personal declaration)
 Formal Requisites of Marriage: 9. An airplane pilot may solemnize a marriage in articulo mortis with a flight
o Valid marriage license attendant
▪ Document saying that the parties are capacitated to  FALSE you cannot solemnize you own marriage. The one contemplated in
marry our law is one celebrated by the solemnizing officer.
▪ From the place where either of the parties habitually  Common law marriage is something contracted
resides
 Witness to the marriage one man and one monkey. Is the marriage valid?
▪ Suppose you got the license from Tagaytay, effect on the o YES valid, mere irregularity
marriage license? NONE, Mere irregularity
 Who are authorized to solemnize marriage in the PH? (Article 7)
▪ What are the information necessary to show the capacity
of the contracting parties? (Art. 11 FC) o An incumbent member of the judiciary within their
o Parental Consent vs Parental Advise jurisdiction
 a MTC, CA, CTA, Sandiganbayan
Parental Consent Parental Advise  r Judge Advocate General of the Military of the AFP
18-21 y.o. 21-25 y.o.  Judge Palamos will solemnize a marriage in Davao,
will the marriage be valid? NO, not within the
Failure to obtain or if it is Failure to obtain or if it is jurisdiction. Mere Irregularity.
unfavorable, will make the unfavorable, issuance of  Navarro vs Domagtoy (Administrative Case)-
marriage VIODABLE/ marriage license will be Obiter Dictum not binding: when a judge
DEFECTIVE. suspended for 3months. 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  FALSE. There is a legal impediment to the marriage. (Art. 34)

Registered with the local civil registrar  Discussion on the Committee who drafted the FC, that at the time of the
 It is within the limits provided in the written celebration of marriage there must be no legal impediment to the marriage.
authority granted him by his church or religious sect (meaning that there must be no impediment at the end of the 5year term)
 One of the parties belong to the solemnizing officers  Ninal vs Bayadog – there must be exclusivity between the parties and that
church or religious sect there must be no legal impediment during the whole 5 years. However,
 To be registered in a government office what was applied in the case was the old law prior to the Family Code (Art
 If you remove one of the conditions? LACK of 76 of the Old CC)
AUTHORITY  Manzano vs Sanchez – one of the requisites is that there must be no legal
o Ship captain or airplane chief impediment at the time of the celebration of the marriage, regardless of
 Articulo mortis any impediment prior to the celebration.
 Between passengers and crew  Office of the Court Adminisrator vs Judge Necesario – the judge was
 When the ship or airplane is in flight, during stop

sanctioned for solemnizing the marriage without a license where the
overs or ports of call parties during the 5yr period of cohabitation were minors. The suggestion
 Is it required that they be on board/inside the ship or was that there must be no legal impediment during the duration of the 5-
the airplane? NO. year cohabitation.
 What if during stop over they stayed in the hotel?  FINAL NOTE: (Personally) the phrase no legal impediment should
Can the pilot or ship captain in articulo mortis qualify the 5-year period of cohabitation. Otherwise, if that would be
solemnize the marriage? YES. Policy of the law is applied only on the time of the celebration of marriage, it would be
to encourage marriage. surplusage because it is given that when you have legal impediment to
o Military Commander of a unit marry you should not be allowed to marry not only for purposes of
 Articulo mortis – at the point of death and not at the exempting you to the license. To make sense, it should qualify the 5year
danger of dying to be determined by the period of cohabitation.
solemnizing officer (based on common human  If confronted with a conflict, state everything
experience)  As discussed it is important ONLY that at the time of the celebration
 Within the zone of military conflict there is no legal impediment and in Manzano vs Sanchez, however in the
 Between members of the armed forces and the case of OCA vs Judge Necesario...
civilians  What are the exceptions to the requirement of a valid marriage license?
 One of the injured soldiers were transported to the (Art. 27-34)
hospital, can the commander solemnize the o The parties must live together as H and W within 5 years
marriage? IT DEPENDS, only if the person is in prior to the marriage without any legal impediment to the
articulo mortis marriage
 Gen Bato Dela Rosa CANNOT solemnize marriage o In case of articulo mortis –military
(Police not military) o In case of those living in remote places with no means of
o Consul, vice-consul and consul- general transportation to obtain license from the local civil
 It is better for us to consider all the conditions as constitutive elements of registrar
the authority, so without one it is not an irregularity, it is lack of authority o Marriage among Muslims or members of ethnic cultural
therefore the marriage is void without prejudice to the provision of Art. 35 communities provided in accord with their customs, rites
par. 2 and practices
 In the case of Navaro vs Dumagtoy: this is only a mere irregularity 12. A Mangyan and an Igorot who are now temporarily living in Manila because of
 Personally for Atty. Delson, he thinks it is a lack of authority and not a their studies may marry without a license if their respective residence are so
mere irregularity (pero say both na lang daw) located that there is no means of transportation.
 Rationale: if you remove one of the elements, may it be considered as a  FALSE
mere irregularity? NO 13. A common law marriage between foreigners contracted in State C where only
10. A marriage solemnized after the expiration of the marriage license is valid common law marriage is allowed, is valid in the PH
because this is a mere irregularity.  TRUE (Status is governed the national law)
 FALSE. Lack of marriage license 14. A common law marriage between Filipino in State C shall be valid because this
11. H and W got married in 1987. H left the family home 2/14/08 and lived with is included in the exceptions in Art 26 of the FC.
his paramour B in a rented condominium.
 FALSE. Marriage must be celebrated (Art 26 par. 1 applies only to o Certificate of Legal Capacity to Contract marriage from
marriages that are celebrated, not involve common law relations) the consular office of the Japanese national
15. The civil registrar has no option but to issue the license even if there is a  He pulls out a 10,000 yen and gave it to you (civil registrar) which you
serious objection but must note down the particulars if the objections in the accepted. Will that affect the validity of the marriage?
application for the marriage license. o NO. Mere irregularity
 FALSE. The civil registrar has the option of going to Judge Palamos  FAKE LICENSE is equivalent to no license at all
16. Judge Palamos, Justice Tang, Justice Bello may solemnize a marriage 21. Marriages without parental consent, parental advice or marriage counseling is
anywhere in the PH defective.
 FALSE  FALSE
17. A justice of the CTA and the Vice Mayor may solemnize a marriage 22. The marriage of a man with a very small penis is void.
 TRUE  FALSE Case of Chi Ming Tsoi problem is psychological
18. Psychological incapacity of Mr. X declared in the decision of nullity of his 23. There could be an instance where the property relation in a void marriage are

previous marriage is an impediment to another marriage governed by the regime of absolute community.
 FALSE Case to case basis. (Art 5) Impediments include those stated in  TRUE
Art. 37 and 38, it does not include 36. Psychological incapacity is relative,  As a general rule, the property regime of void marriage is governed by Art.
just like impotency. 147 and 148.
 In the case of Psychological incapacity, the personality disorder is not the  Exception: Valdez vs RTC; Art 40. If there is a void marriage, then a party
only factor that would result to the nullity of marriage. So even if the to a void marriage will marry again without the judicial declaration of
person has the personality disorder which was made manifest because of nullity of the previous marriage. Accdg to art. 50 the subsequent marriage
his failure to fulfill his obligation arising from the marriage in so far as is void. Pursuant to Art. 50, we apply Art. 43(2) which refers to the
one spouse is concerned. It may happen that in the subsequent marriage liquidation to the conjugal partnership or absolute community of property.
while he has the same personality disorder, he might be able to comply Valdez Case: a void marriage under Art 40 is exceptional, not governed by
with the obligations of marriage. He is allowed to marry notwithstanding Art 147 and 147. It is governed by absolute community or conjugal
the fact that he was earlier declared as psycho incapacity partnership
19. A marriage between scuba divers may be validly solemnized by a priest under 24. Abandonment of the wife is not conclusive proof of psychological incapacity
the sea.  TRUE
 TRUE provided that they would request in writing that they would 25. Mixed personality disorder from self-defeating personality disorder…
celebrate their marriage in another place other than those provided by law  TRUE
20. Marriage between the Filipino citizens in Japan may be solemnized by the 26. A dependent personality disorder of a respondent determined by an expert who
Philippine Ambassador to Japan but the license should be issued by the did not personally examine the former cannot be admitted as sufficient proof of
consular officer. psychological incapacity
 FALSE Ambassador has no authority to solemnize marriage  FALSE, no need to personally examine the respondent. He can based it on
 Can this be covered by par. 2 of Art 35? YES. If the parties believe that the other evidence
Ambassador is authorized to solemnize marriage. 27. A petitioner may use his own psychological incapacity as a ground for an
 However, in that case, it would be a case of a mistake of law will that not action under Art 36.
fall under Article 3 of the NCC “Ignorance of the law excuses no one from  TRUE
compliance therewith”?  Principle/Doctrine of Clean hands dos not apply in the case at bar because
 If the parties believe that the Ambassador is a consular officer, in that case psychological incapacity is inconsistent with bad faith
it is a mistake of fact, what will be the effect? 28. The military pilot of a C-140 PH air force plane carrying typhoon victims is
 GOOD FAITH in Art 35 par 2 may include circumstances where there is authorize to solemnize marriage in articulo mortis
both mistake of law and mistake of fact (Justice Vitug: depends on the  TRUE
person invoking Good faith)  Is a military pilot excluded from the Art 7 par 3? Will that be limited only
21. The failure of the contracting parties to indicate their present residence and to pilots of PAL or Cebu Pac? NO.
citizenship in their application for marriage licenses makes the marriage 29. Parental consent is a mandatory requirement for the issuance of a marriage
defective license?
 FALSE. Mere irregularity  FALSE
 A Japanese would lie to marry in the PH, what would you require the 30. Lack of parental consent does not affect the validity of marriage
Japanese to submit?  FALSE
32. No sum shall be collected in the nature of a fee or tax of any kind for the  TRUE
issuance of a marriage license. 42. A marriage between X and Y is void if X is the son of C who is the brother of
 FALSE Y’s grand uncle
33. A license issued by the civil registrar in violation of an injunctive writ issued  FALSE fifth degree
by the court is void 43. An adopted child may marry the adopted child of his adopter’s brother
 FALSE  TRUE
34. A marriage solemnized in La Presa between ethnic residents is valid even 44. A step child may marry the sister of her step mother
without a license because this is allowed under RA 6766 creating the CAR  FALSE PH does not allow same sex marriage
 FALSE the act was rejected, it was not ratified 45. A marriage license issued in La Union may be used in Manila
35. A license that was issued on the basis of a falsified affidavit on the basis of the  TRUE
date of birth of the contracting parties is void 46. An alien may be excused from the requirement of a certificate of legal capacity
 FALSE mere irregularity to contract marriage if he has been residing in the PH for at least 3yrs prior to

36. A petitioner cannot invoke his psychological incapacity, lack of ceremony, lack the marriage
of a valid marriage license and lack of authority of the solemnizing officer in a  FALSE
single petition for the nullity of marriage. 47. A justice of the SB in Quezon may solemnize a marriage in articulo mortis in
 FALSE must include everything so as to avoid splitting of a cause of Zamboanga
action  TRUE
37. There is one void marriage that can be ratified 48. A marriage without license…
 FALSE  TRUE/FALSE
38. Only a spouse may file a declaration of a void marriage because a void 49. A marriage witnesses only by the groom’s mother and her pet monkey is valid
marriage cannot be collaterally attacked  TRUE
 TRUE 50. A 90-yr old man may validly marry his 95-yr old girlfriend suffering from
 Circular of the SC limits the filing to the spouses, heirs may collaterally alzheimer’s disease
raise it in an action for the settlement of the estate of the deceased  TRUE provided that the consent is voluntarily and freely given
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
CIVIL LAW REVIEW ’16 (3rd Quiz)  While the subsequent marriage is bigamous, it is EXEMPTED from
Art. 35(4)
1. M (sorry mahina record)  This is case of a valid, although bigamous marriage
 There is psychological incapacity in case of a woman who lives a lie  But you can’t have the best of both worlds, accdng to the law, so the
at the start of the marriage 2nd marriage will be terminated even if it is valid. It will be terminated
 She had to write letter to herself, she had to invent personal NOT upon the reappearance of the absent spouse BUT upon the filing
circumstances and it affected the performance of her marital of the affidavit of reappearance.
obligations. 7. Pregnancy of the wife before the marriage by one other than the husband is a
 SC said, she is psycho incapacitated valid ground for annulment.
2. A marriage between first cousins is void for being contrary to public policy.  FALSE it is the concealment that is the ground for annulment
 FALSE 8. Fraudulent misrepresentation of the one regarding the salary of one is a valid
3. The marriage of the Filipina and an American in the PH facilitated by a mail ground for annulment of marriage.
 FALSE

order bride operation is not valid?
 FALSE it is valid  Instances of fraud is limited to the ones indicated in Art. 46
 The operation of a business like this is prohibited by law, it will not 9. The grounds for annulment of marriage is exclusive to those specified by law.
affect the validity of the marriage as long as you have all the elements  TRUE
of a valid marriage. 10. A woman abandoned by the husband since 1995 may marry without the
4. A policeman who killed X, a drug pusher, ….can validly marry the widow of judicial declaration of presumptive death.
X.  FALSE
 TRUE it is not covered by Art. 38 (9).  GEN. under the NCC, the 7 year absence for all intents and purposes
 The killing was not for the purpose of marrying the widow of X will …to the presumption that the missing spouse is dead BUT since
5. The accused in the ……nullity of his previous marriage… the FC is a special law, the requirement for judicial declaration of
 FALSE presumptive death will have to be applied regardless of the number of
 While jurisprudence states that the nullity of a previous marriage will years even if it is 10 or 20yrs. You still have to comply with the FC
not allow a party thereto to contract another subsequent marriage 11. The nullity of the sub marriage because of psycho incapacity is prejudicial
without a judicial declaration of nullity of the previous one question in a bigamy case
 SC said if he/ she gets married again, he/ she is risking a prosecution  FALSE
for bigamy. 12. The rules of triennial cohabitation is absolute
 BUT, EXCEPTIONALLY in the case of People vs Morigo, where the  FALSE it is merely a presumption
marriage was annulled or declared void from the beginning. The SC 13. Impotency may be relative
acquitted the accused BUT the acquittal was not really based on the  TRUE
fact that there is a previous declaration of nullity but on the nature of 14. A man who can only have an erection by drinking “makahiya” is impotent
the ….  FALSE
 The SC in Morigo distinguished that case from Sarciano? vs Tan in 15. In a marriage that is voidable for lack of parental consent, the mother of the 23-
the sense that n Morigo: there is no ceremony and that there is no year old husband may seek the annulment of the marriage
marriage to begin with although the SC said you cannot determine for  FALSE
yourself the nullity of the marriage (not matter WON void or  If more than 21 years old, it the party himself who should file for
voidable) annulment of marriage
6. A valid bigamous marriage shall be auto terminated upon the reappearance of 16. The insane spouse may seek the annulment of his marriage to another insane
the spouse. person
 FALSE  TRUE
 An exception to Art. 35 (4) is Art. 41 where the spouse is missing he/  May, during a lucid interval
she will be declared presumptively dead by summary judicial action 17. One single slap to the face can be a ground for legal separation
and therefore the subsequent marriage will not be considered as  TRUE
bigamous because of the presumptive death of the other one, the  Repeated violence BUT if the husband is 6ft tall and he wife is 4’11,
absent spouse. one slap in the face could be fatal
 But if the absent spouse turned out to be alive, then the 1 st marriage 18. The insistence of the husband to have dog-style sex every other day can be a
was not dissolve by the death of the spouse so you will have 2 ground for legal separation
marriages  TRUE
19. Continued support given by the aggrieved husband to the adulterous wife is 28. The … of the marriage under Art. 40 of the FC shall be governed by the regime
considered as condonation. of absolute community of property…
 TRUE  TRUE
20. Recrimination must refer to a common ground for legal separation 29. A void marriage under Art. 36 of the FC shall be governed by Art 148 of the
 FALSE same code.
 Different grounds  FALSE
21. A legal separation decree does not become final  Governed by Art. 147
 FALSE  Art. 36 Psycho incapacity is not a legal impediment to a marriage
 Procedurally it does become final 30. In the event of adverse judgement in a petition for legal separation, the wife
22. The wife may revert to her maiden name after the decree of legal separation may appeal or file an MR
 FASLE  FALSE
 Because the marriage was not severed  MR first before one can file for appeal. Cannot appeal without filing a

23. The reconciling spouses may adopt a property regime different from what they MR
had prior to the legal separation 31. Upon the declaration of nullity of subsequent marriage, Art. 40 of the FC, a
 BONUS donation propter nuptias in favor of a party in bad faith may be revoked by
 The FC refers to the revival of the previous property regime meaning court action.
they have to go back to what they had prior to the legal separation  TRUE
 BUT the SC in its CIRCULAR, provides that the spouses may revert  There is an apparent inconsistency between Art 43 and Art 86 because
back OR they can adopt a new or diff prop regime BUT it is still in in Art 86 it made donation propter nuptias revocable by court action.
the FC that if the spouses will agree on the prop regime it must begin In Art. 43, it is supposed to be revoked by operation of law.
at the precise moment of marriage 32. The petition for legal separation may be filed in the family courts in the
 An agreement of a property regime to begin in the future is VOID province or city where the marriage was celebrated.
 On the basis of SUBSTANTIVE LAW, it is NOT possible  FALSE
 But if considering the SC circular, it may happen  It must be in the where either party resides (determinant of the venue
 Atty. Delson (personally, I would prefer substantive law) of the action – Rules of Court)
24. Drug addiction or habitual alcoholism of the petitioner is a valid ground for 33. The respondent in a legal separation case may … verbally abused
legal separation  TRUE
 FALSE  It is part of the pretrial ……
 It is the respondent 34. In all cases, sexual intercourse is an implied condonation in a case for legal
25. A lesbian may not petition for legal separation against her gay husband whom separation
she caught having sex with their driver.  FALSE
 FALSE  Not in all cases, because sexual intercourse can be forced
 Does it mean that if the spouses are homosexual, they can no longer  If it is forced upon the woman, that is not condonation.
fila an action from legal separation? NO  There is a diff bet sexual intercourse and F*CK
 Even if the man is homosexual but after finding true love he forgot  F*CK (“for unlawful carnal knowledge”) refers to adulterous sexual
about his homosexual ways it would be unfair. relations, if with the wife, it is not f*cking but love/romance
26. After legal separation the custody of the 6 years old child shall be awarded to 35. The decree of legal separation must be published once in a newspaper of
the innocent husband general circulation if the whereabouts of the respondents are unknown
 FALSE  FALSE
 EXCEPTIONALLY for a child below 7, the law states that the child  Why service of summons may, if the party or the respondents is not in
must be in the custody of the mother UNLESS it can be shown that the place of is last residence, he cannot be located or if his
the mother is unfit whereabouts are unknown, the publication or the requirement of
27. The offended spouse in an action for annulment shall be disqualify in publication of the decree will apply only when service of summons
inheriting from the innocent spouse by intestate or testate succession. was done by publication
 TRUE  If at the start of the proceedings, you know where the respondent is
 In the case of legal separation, the provision which provides that the but thereafter he went missing is there a need for you to publish the
will shall be revoked by operation of law does not foreclose the decree of legal separation? NO, if you have acquired the jurisdiction
possibility of 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  FALSE
that the decree of legal separation must also be published  Remember the elements for a machinery to be immobilized under par
36. X purchased the very old Spanish house he was renting from a friend with the 5 of Art 415
intention of demolishing it once he receives his retirement pay or 2 years from  One requirement is that the machinery should cater directly to the
the sale and construct his dream house thereon. The building is personal needs of the industry or business, meaning that it must be essential to
property. the operations of the industry and not merely an accessory
 FALSE  Essential meaning, that the work or industry cannot be operated
 Intent will not determine the classification of the real property by without such machinery
incorporation  If the industry can be operated even without the machinery then it is
 The building here is not personal property it is real property not essential
 Remember the classification of real property under Art. 415 42. The beds of the hospital is personal property
i. By nature – those which cannot be moved from place to  FALSE

place (ex. Land while it is forming part of the earth; land on 43. The machinery to be immobilized by destination may be owned by the owner
a dump truck cases to be land which is immovable by nature of the tenement
and becomes a personal property but if you put it back to  TRUE
form part of the greater mass of the earth it reverts back to an  Par 5 of Art 415 does not expressly require that the one who placed
immovable by nature) the machinery must own the same
ii. By designation –  What is important in par 5 is that the one who placed the machinery is
iii. By incorporation – things which can be moved from place the owner of the land
to place but they are immobilized by incorporation; so it is  But for the owner to intend the machinery to be part of the real
the attachment to the ground/ immovable that determines the property it presupposes that he is the owner thereof
classification of the property (permanent or superficial) if  So if he rented the machinery or if her borrowed the machinery for the
permanent, it becomes real property without any other use of his industry it cannot be considered as immobilized under Art
consideration even if it does not form part of the land/even if 415 (5)
it is a nuisance YES PROVIDED it is incorporated or 44. A statute may be immobilized.
attached to the land permanently. (if it is made up of strong  FALSE
materials – permanent; as opposed to those made up of light  A statute is a law may not be immobilized
materials - temporary)  Statute vs statue
iv. By purpose or by destination – intent of the owner is 45. A machinery placed by the lessor on rented property for an industry operated
material and not the manner of attachment by the lessee is real property
37. A concrete house on rented lot is personal property  TRUE
 FALSE 46. A portable liquid container may be classified as real property under Article 415
38. A concrete house on rented land may be the object of a chattel mortgage  TRUE
 TRUE 47. A St. Peter’s fish in a fishpond may be donated orally
 While it is a real property, SC said that the parties may agree to  TRUE
classify it as personal property for purposes of contract - chattel  The inclusion of the animal in Art 415 (6) as real prop will arise if the
mortgage animal is considered as an integral part of the animal house
 The obligations arising from the contract shall be the law between the  If the animal is treated separately with the animal house, it is not
contracting parties classified as real property
39. The house mentioned above may be auctioned as chattel mortgage  So the taking of a fish from the fish pond is not considered as
 FALSE usurpation of the real property, it is qualified theft.
 The SC said however that the classification of the parties of a house  So if you donate the animal not including the animal house, it is
as a personalty will only be valid between them, if it will affect third considered as a personal property. Thus, you can donate it orally.
parties, it is still real property. So the procedure governing the 48. A vintage care placed by Mr. X in his living room as a permanent
foreclosure, auction or sale of the property shall be that of a real ornamentation may be subjected to a writ of replevin in favor of Y, the true
property. owner
40. A house built in the middle of the street is not a real property  TRUE
 FALSE  The car was not immobilized by destination because the owner of the
41. A cash register of a restaurant is a real property tenement is not the owner of the car
49. Without exception, the strip of land between the high and low water marks of 60. Without exception, Article 448 will apply only if both parties acted in good
the sea cannot be registered under the Torrens system faith
 TRUE public dominion  FALSE
50. The Roppongi lot in Japan, when no longer intended for public service shall  It will apply also if the parties are both in bad faith
form part of the patrimonial property of the PHL 61. An owner who does not know the exact metes and bounds of his land cannot
 TRUE be a builder in good faith
 In the case of Laurel vs Garcia, the SC said that Art. 422 does not  FALSE
automatically apply. The suggestion is that there must be an  Negligence does not equate to bad faith
affirmative act from the State as in the form of a law by the legislative  If you do not know the exact boundary of your property and you
branch that would reclassify the property from pubic dominion constructed on the portion of the property of your neighbor, SC says
particularly by withdrawing it from public service or public use and you can still invoke GF
classifying it as patrimonial but substantially Art 422 provides that if 62. An accretion automatically belongs to the owner of the land adjoining the

the property is no longer for public use, it shall form part of the banks of the river
patrimonial property  TRUE
51. A health facility acquired and operated by the City of Manila using funds  But it does not automatically include in the title to the property, you
donated by …. Is patrimonial property still have to register your ownership
 FALSE  The law says without condition, if you are the riparian owner you own
 The only patrimonial property of the State is the property that is the accretion
acquired using its patrimonial funds 63. There can be co-ownership between X and Y over two eggs of the same size
 The provisions of the city code states that ?? properties for public  TRUE
service owned by the province are patrimonial will not govern 64. An agreement to subdivide the property terminates co-ownership
because we have a different classification in the LGC  FALSE
 We look at the purpose, if it intended for govtal purposes if it has the  It is the actual partition that terminates the co-ownership
characteristics of properties for public use/service.. 65. A co-owner becomes the owner of a parcel of land 40 years after he cause the
 The second characteristic of property for public dominion.. cancelation of the old title in the names of the co-owners and the issuance of a
52. The aircon unit of Jollibee Baguio is real property new one in his name even if he did not tell his co-owners about the
 FALSE cancellation
 Not essential to the business  TRUE
53. The printing machine of a newspaper company installed inside its building is a  For a co-owner to acquire a property by acquisitive prescription, one
real property of the requisite is that there must be a renunciation? of the co-
 TRUE ownerhsip which must be known to the other co-owners
54. A machinery bolted on a platform at the backyard (residential lot) of Mr. X is  Knowledge of the co-owners can be by actual information of by
personal property constructive notice
 TRUE  SC said that the issuance of a title to one co-owner can be considered
55. Exceptionally, a municipality may lease a portion of the town plaza to raise as constructive notice to the whole world that there is liquidation? of
money for charity co-ownership
 TRUE 66. X and Y caught a monkey-eating eagle in the forest. A and Y own the bird in
 Under the LGC a municipality can close down roads and lease it to equal shares.
individuals  FALSE
56. Ownership is elastic  They cannot own the bird
 TRUE 67. A government recognition issued to a school operated by a stock corporation is
 It is one of the characteristic of ownership property
57. Ownership may be limited by the nature of the property owned  TRUE/FALSE
 TRUE  The recognition is supposed to be a privilege granted by the State,
58. The doctrine of self-help may apply to an immovable property strictly Sir would not consider it as property
 TRUE  HOWEVER, there is an issuance from the CHED saying that if
59. The doctrine of state of necessity cannot be invoked if all the elements for the another party will acquire the school, the recognition given by the
application of self-help are attendant State to the school shall be included
 TRUE
 Before, government recognition cannot be transferred, not it can be  Natural fruit is the spontaneous products of the soil and the young or
transferred on the condition that the new owner will acquire the OTHER PRODUCTS OF THE ANIMAL even if by manual
school with the facilities, etc. (should be the recognition plus the intervention
entire school including its operations; cannot sell separately he  Industrial fruits are limited only to the products of the LAND thru
recognition and the school) cultivation
 Property in a limited extent as long as it is acquired together with the 72. Canned sardines from a cannery are fruits
school. But the fact that it can be acquired by another, makes it a  FALSE
property.  Products of manual labor?
68. Properties of a municipality for public use are under the control of Congress 73. The compensation paid to X who executed a mortgage over his land to secure
 TRUE the loan of another person is a civil fruit
 Not patrimonial of the municipality  FALSE
 The municipality or the province is holding such property as  It is a COMPENSATION for the RISK undertaken by the owner of

administrator for the public or for the State. the land to secure the loan of the other party.
 The control over the property for public use is with the National 74. Article 448 may apply to an improvement introduced by a usufructuary on a
Congress. parcel of land
 That is the reason why in Zamboanga, the RA of Congress transfers  FALSE
the properties of the province to the municipalities except hose which  We do not apply Art. 448 when there is a contractual relation between
are patrimonial because they cannot do that without the payment of the parties
compensation 75. The landowner may avail of demolition as a first option under Article 448
 But for properties that are for public use control is lodged with the  TRUE
Congress so if they will transfer it to the city then the province cannot  It is the last option
do anything about that 76. Without exception, Article 448 applies only when a person builds, plants or
69. A lot donated by a private corporation to the city of Manila for the opening a sows on the land of another
street is patrimonial under the street is actually constructed  FALSE
 FALSE  There is an exception, even if the land and the building used to be
 The purpose is not the actual use, so if it is intended for public use it owned by only one person
is or public is even if the mean time it is not used as such  If by contractual or by lawful processes, the ownership of the land has
70. A possessor of a parcel of land may file an action for forcible entry or unlawful been separated from the ownership of the building you can still apply
detainer against a party claiming to be the owner of the same by ANALOGY Art 448
 FALSE  In the case where the building is used as a collateral and the building
 The tenant can deprive the possession of the property even against the was acquired by a third party in a public auction, as a result the land
lessor belongs to the original owner and the building belongs to a third party.
 So if the lessor, by FISTS, will dispossess the tenant. The tenant can The purpose of the rules on accretion is to avoid a case of forced co-
file an action for forcible entry. ownership where the accessory is owned by one and the principal is
 For unlawful detainer, it is different, the possessor has the rightful owned by another.
possession but after it is terminated and he retains possession, it  Both the principal and the accessory should be owned by only one
cannot happen. person, so in that case you can still apply Art. 448
71. An artificial lake constructed in the property of Mr. X was destroyed by a 77. Article 448 cannot apply where a co-owner builds on a land owned in common
magnitude 7 earthquake inundating the land and damaging the plants of his  FALSE
neighbor. Mr. X is liable for damages because the owner of a property cannot  SC said that we can apply Art. 448 when a co-owner constructed a
make use thereof to injure the rights of a third person land owned in common but after partition of the co-ownership, the
 FALSE building encroached upon the share that was given to the other co-
 In the case decided by the SC, there was liability except that here owner so that is an instance where the principal is owned by one and
there is a magnitude 7 earthquake, so apply the rule that in case of the accessory by another. SC said, apply Art. 448
fortuitous event, there is no liability 78. To avoid unjust enrichment, the builder in Article 448 must pay rent during the
72. The sperm of Pedro, a bulldog, extracted through manual inducement is a period of retention
natural fruit  FALSE
 TRUE  The builder in GF cannot be forced to pay rent during the period of
retention
79. In industrial accession, a landowner in bad faith may not only lose his property  But when the dike as constructed not for the purpose of accumulating
but could even be held liable for damages and the accumulation was only incidental to the construction of the
 FALSE dike, we apply the rule on accretion
 In industrial accession, the land owner cannot lose his property/land, 87. Uprooted trees on segregated land should be claimed within six months
the worst case scenario is for the land owner to pay damages on top of  FALSE
the removal of the improvements even if there is destruction  Must be 2 years because they are still lying on segregated land BUT if
 The land cannot be owned by the builder or the one who introduce the the uprooted trees were washed upon the land of another, you apply
improvements the 6 month claim
 ………. 88. The rule on natural change in the course of a river does not apply to navigable
80. If the landowner elects to sell the land to the builder, the price must be fixed at rivers
the market value at the time of taking or introduction of the improvement of  FALSE
the land  Applies to navigable and non-navigable rivers
 FALSE

89. Islands formed through alluvion on rivers and lakes belong to the state
 Art. 448 is NOT similar to expropriation  FALSE
 In expropriation, the value considered is the value at the time of the  Rivers, distinguish between navigable and non-navigable rivers
taking  If the statement is a general one, it is FALSE
 In Art 448, the value considered is the value at the time of the sale or 90. Plumbatura is the adjunction of the same metals
the payment  FALSE
81. The buyer who builds on a land after an action for annulment of the sale is a  It is the adjunction of different metals
buyer in bad faith regardless of the result of the litigation 91. Gold, united by soldering to platinum, is the principal
 FALSE  FALSE
 If there is no knowledge there is no bad faith  Platinum is more valuable/expensive
 However, if the seller sells the property knowing that there is a 92. Tejido shall be governed by the rules on co-ownership
pending litigation or a case on the said property then there is bad faith  FALSE
82. A planter in bad faith may demand reimbursement for irrigation expenses  In weaving we do not apply the rules on mixture, we apply the rules
 FALSE on adjunction
 Not necessary expense 93. In adjunction involving three or more things belonging to different owners,
83. A builder in bad faith may demand reimbursement for real property taxes on there could be two principal things
the land  FALSE
 TRUE  There is only one principal, all the others are accessories
84. A planter in bad faith may claim reimbursement for litigation expenses against 94. The owner of a diamond set on a ring may remove the same even if the ring
the landowner may suffer some injury
 FALSE  TRUE
85. The in pari delicto rule applies to industrial accession  Even if we presume GF on the part of both parties, if the accessory is
 FALSE more precious than the principal then it can be removed even if there
 If they are both in bad faith then they are considered that they both is injury but not if there is destruction
acted in good faith 95. Sentimental value is not relevant in industrial accession involving inherited
86. The rule on accretion applies to lakes, non-navigable rivers and shores land
 FALSE  FALSE
87. In no instance will the rule of accretion apply if sedimentary deposits are  The sentimental value in Art 475 will only apply to personal property
accumulated because of artificial works and not to land
 FALSE  In determining moral damages, you can also include sentimental value
 If the construction were not intended to accumulate deposits but to of the real property but not for the purpose of determining or applying
preserve the property, then the accretion is only incidental, thus it is the rules on accession
covered by the rules and the riparian owner can become the owner of 96. A fictitious contract of sale, sale by an agent without authority, and a voidable
the accumulated deposit contract of sale are examples of cloud over title to property
 But if the construction/artificial works was intended to accumulate  TRUE
deposits, then the rule will not apply. 97. All co-owners must agree to bring an action for ejectment
 FALSE
98. A
common
co-owner
 TRUE
 Any one of them can do so
may demand at any time the partition of the property owned in
CIVIL LAW REVIEW ’16 (4th QUIZ)  FALSE
 Those covered by Canon 2 does not constitute incapacity under Art
1. A disposition in a will giving a close friend a legacy of an expensive personalty 36, only Canon 3.
is a patent ambiguity. 10. If the wife declared presumptively dead has never been absent, the subsequent
 TRUE marriage of the husband will be terminated by the filing of an affidavit of
 Two kinds of ambiguity reappearance.
o Patent – Those which are apparent on the face of the will.  FALSE
o Latent - Ambiguities which are not apparent on the face of  Art 41 no applicable
a will but to circumstances outside the will at the time the  Marriage is void under Art 35 (4)
will was made. 11. The opposition filed with the HLURB and he City Building Official by a
2. In all cases, pleading a foreign law without proving the same will bar its claimant is sufficient to make the builder who still continues the construction,
application in the PH. in bad faith.
 FALSE  TRUE

3. A cause of action for damages based on acts contrary to morals may arise if a 12. If X enters into a contract of lease with Y over a property without any objection
manufacturer employs the illegally dismissed employee of another from Z, the latter, who claims open and continuous possession of the land, may
manufacturer, copies the latter’s products and sold these to the latter’s still file a petition for quieting of title against X.
customers.  FALSE
 TRUE 13. Under the rule of equity, quieting of title can be allowed even if the plaintiff
4. A divorce obtained abroad by an alien may be recognized in our jurisdiction fails to allege legal or equitable interest in the real property.
through a petition for the recognition of the divorcee’s subsequent marriage  FALSE
 FALSE 14. A Transfer Certificate of Title found to overlap another TCT registered in the
 What is the proper action for the recognition of divorce decree? name of another person may be the subject of an action for quieting of title
o Special proceeding  FALSE
o Action for cancellation or correction of the entry (Rule 15. A co-owner may rightfully dispose of a particular portion of a co-owned
103) property prior to partition among all the co-owners.
5. Narcissistic Personality Disorder with Anti-Social Disorder may constitute  TRUE
psychological incapacity under Art 46 of the FC 16. A co-owner may sell his interest in a co-ownership but the sale of a concrete or
 TRUE definite portion of the co-owned property is void without unanimous consent
6. Under the Totality of Evidence Rule, the admission of the petitioner together because this is not a mere act of administration
with her demeanor in court evidently manifesting a disordered behavior may  FALSE
be considered as proof of psychological incapacity san expert opinion. 17. A machinery that was immobilized under paragraph 5 of Article 415 cannot be
 TRUE the object of a writ of replevin in connection with mortgage thereon.
 Totality of Evidence Rule -  FALSE
7. In observance of the synodal cadence towards the same goal of protecting and  Art 415
cherishing marriage and the family as the inviolable base of the nation, what is  Objects immobilized if disposed of or encumbered, in that case, apply
decreed as canonically invalid must also be decreed civilly void on the basis of rules on personal property
the former’s merit. 18. Power barges are immovable property by destination subject to real property
 TRUE taxes.
8. Irreconcilable differences, sexual infidelity, emotional immaturity an  TRUE
irresponsibility traced by the totality of evidence to an unwillingness to assume 19. Property comprehends every species of title, inchoate or complete, legal or
the essential obligations of marriage is psychological incapacity equitable.
 FALSE, it is not unwillingness or refusal that constitute Psycho  TRUE
incapacity. It is the failure to appreciate an obligation that will 20. When the tides of the sea invade the estate in a storm surge, the invaded
constitute a ground property becomes foreshore land and passes to the realm of the public domain.
9. The failure to assume the duties of a wife and mother, as well as emotional  FALSE
immaturity, irresponsibility and infidelity, declared by the NAMT 21. An heir cannot acquire the interest of a co-heir by prescription.
(Matrimonial Tribunal) as grave lack of discretion of judgment in matrimonial  TRUE
obligations under paragraph 2 of Canon 1095, is psychological incapacity 22. The owner of a piggery is liable to the owner of lower estate flooded with
under Art 36 of the FC polluted water and pig manure
 TRUE  Only the name of the testator
23. For an unborn child, succession is the original mode of acquiring ownership 33. The test of available senses provides that the witnesses must sign the will
 FALSE within the range of a blind testator’s senses
 Succession is not the original  TRUE
 What are the original modes of acquiring ownership? (Original - do 34. A will of only one page does not need the testator’s marginal signature
not arise or depend upon any pre-existing right or title of another  TRUE
person) 35. A will is void if the witness signed before the testator subscribed his will
o Occupation  FALSE
o Intellectual Creation  Requirement is that they sign in the presence of each other
o Acquisitive Prescription, etc 36. The last page containing the attestation clause only need not be numbered
24. Rent accruing after the opening of succession is governed by accession in favor  TRUE
of the individual heirs as co-owners even prior to the settlement of estate and  What is an attestation clause?

partition o Memorandum in writing…
 FALSE 37. The attestation clause need not be signed by the testator
 Rights is inchoate until there is paritition  TRUE
25. A document denominated as a will is valid even if it does not contain any 38. The attestation clause may be in a language not known to the testator and the
specific disposition of property in favor of another. witnesses
 TRUE  TRUE
 What is a will? 39. The statement of the place of execution of a will need not be indicated
o Art 783  TRUE
 Can there be a will without disposition of property? 40. The attestation clause need not be placed at the bottom of the will.
 Suppose it contains disinheritance, is it a valid will? YES, it is a  TRUE
disposition of more heirs in favor of the other heirs 41. The witnesses may sign at the margin of the page containing the attestation
26. The disposition of a particular property in favor of any person, institution or clause
establishment to be designated by a third party is valid.  FALSE
 FALSE 42. An unintentional incorrect date does not invalidate a holographic will
27. A reciprocal will is void if it contains a disposicion captatoria  TRUE
 TRUE 43. An interpolation in a holographic will that is not authenticated by the testator’s
 What is disposicion captatoria? full signature will invalidate the will.
o Art 875  FALSE
 What is the condition? 44. Previous dispositions in a holographic will which were dated but not signed are
o That the heir shall make some provision in his will in favor validated by subsequent dated and signed dispositions
of the testator or any other person  FALSE
 I will give X this house and lot on the condition that he will give me 45. An attesting witness may use his thumb mark, instead of a signature
his car. Valid? NO.  TRUE
28. A will of a Filipino written in Span must comply with the formalities 46. A forced heir may be a witness to the testator’s will
prescribed by Spanish law unless executed inside the consular office of the PH  TRUE
 FALSE 47. A revocation of a will base d in a false cause will make the will void
29. Errors in a will may be corrected after the testator’s death  FALSE
 TRUE 48. A monetary obligation of the decedent may be inherited by an heir in the sense
30. A will written by a testator after being judicially declared insane is void even if that whatever payment made from the estate is ultimately a payment by the
made during a lucid interval heirs or distributes since the amount of the paid claim in fact diminishes or
 FALSE reduces the shares that the heirs would have been entitled to receive.
31. As a rule the will must be read before the testator and his witnesses sign the  TRUE
same. 49. An heir may sell his share in the inheritance after the death of the decedent
 FALSE although the will has not yet been probated.
32. If the testator delegates the signing of the will to a representative, the latter  TRUE
must sign his own name and the name of the testator 50. The failure to state the number of pages in the attestation clause of a will can
 FALSE 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
60. Give 4 distinctions between alluvion and avulsion
61. What are the 5 characteristic of ownership
62. Enumerate 5 characteristic of property of public dominion
63. Enumerate 8 Molina guidelines in declaring a marriage void
64. Enumerate 9 void marriages for being contrary to public policy.
CIVIL LAW REVIEW ’16 (5th QUIZ)  If you are to use the thing, then you cannot return it. You will return
its APPRAISED VALUE of the same kind and quality PLUS
1. The property regime of naturalized Americans (formerly Filipino) may be SENTIMENTAL VALUE
liquidated for the distribution of their properties in the PH even without 14. Ordinary repairs consist of repair of damages due to normal use, which are not
presenting the divorce decree in accordance with the rules on recognition of indispensable for preservation.
foreign divorce because the spouses are governed by their national law.  FALSE
 FALSE  Ordinary repairs – indispensable for preservation; usufrusctuary
2. A condominium owner may sell his separate unit to one buyer and his interest shoulders
in the common areas to another buyer provided that the latter owns another nit  Ordinary vs extraordinary – determine who sill shoulder costs
n the same condo.  Extraordinary repairs – owner shoulders
 FALSE 15. The naked owner is obliged to make extraordinary repairs.
3. In simple substitutions, the second heir takes the inheritance in default of the  FALSE
 Obligation of the naked owner is to shoulder the expenses but not to

first heir by reason of incapacity, predecease, disinheritance and renunciation.
 FALSE necessarily make the repairs
4. In Reyes vs CA, the probate court was justified in ruling on the intrinsic 16. If the usufructuary did not share in the payment of insurance premiums, he is
validity of the will because there was preterition still entitled to the use of the usufruct to avoid unjust enrichment.
 FALSE  FALSE
5. If part of the land of X falls on the lower estate of Y as a result of an erosion  If the owner redeems means he did not share in the payment of the
cause by an earthquake, X has the right to remove the same within 2 years premium, he cannot use.
 TRUE  But under 607, he will be entitled to receive interest at the legal rate
6. In accession involving personal properties, there is no instance where the of the value of the lot and materials therein
principal things can be acquired by the owner of the accessory thing. 17. When the parties share in the payment of insurance premiums on the building,
 FALSE the naked owner must rebuild.
7. If the gold ring is valued at 20,000 while the gem set on it by adjunction is  FALSE
20,500 the owner of the gem may remove it even if the ring may suffer a  There is no obligation to redeem
scratch.  He has the option to redeem
 TRUE  If he redeems, then the usufructuary can continue enjoying the
8. A deed of exchange of a parcel of land with a kilo of shabu as consideration is building
void and may therefore constitute a cloud over the title thereto for purposes of  But if he does not, he must pay interest periodically computed on the
an action to quiet title. insurance premium
 FALSE 18. The usufructuary may collect from the naked owner reimbursement for
9. Preservation is a natural but not an essential requisite of usufruct pending fruit upon termination of the usufruct to avoid unjust enrichment.
 TRUE  TRUE
10. Usufruct may involve real or personal property but an easement could only be 19. A usufruct is terminated upon death of the naked owner.
over a real property.  FALSE
 TRUE  Death of the usu terminates it
11. There could be usufruct over money 20. A usufruct over a sack of rice is void if not appraised.
 TRUE  FALSE
12. The usufructuary may lease the property to a third party but must ask the 21. Upon the termination of the usufruct, the usufructuary has the right of retention
consent of the naked owner to the lease contract and the choice of lease for taxes and ordinary expenses
 FALSE  FALSE
 It is the usufructuary that negotiates and who will choose the lessee  Taxes and Extraordinary
(right of the usufrustuary) 22. A survivorship agreement between joint depositors a bank account must be in
13. In quasi usufruct the usufructuary must return the thing itself or pay it current the form of a will
price at the termination of the usufruct.  FALSE
 FALSE  What is a survivorship agreement?
 What is a quasi-usufruct? 23. A will that was impliedly revoked by a subsequent will shall be revived upon
the revocation of the second will
 TRUE
24. Republication by reference may be done through a holographic will o Exceptionally: you may impose the condition of non-
 TRUE
partition for 20 years, other than that no other condition
25. Opposition to the intrinsic validity of a will cannot be entertained during bec it was reserved by law for the compulsory heirs
probate o Deprive the compulsory heirs by Disinheritance
 TRUE 32. An absolute condition not to marry is void
 General rule, jurisdiction of the probate court is limited to  TRUE (general statement)
o Extrinsic validity (Formalities)  If it is imposed by the widow or the children it will be valid
o Testamentary Capacity  How about a relative condition not to marry?
o Identity of the Will 33. If the husband abandons the wife without just cause, a third person may be
o CANNOT determine intrinsic validity appointed as administrator of their property
 Exception: SC held that is the will is void on its face, the probate  TRUE
court can rule on the intrinsic validity of the will 34. There is collusion if the husband will set up his wife to commit an act of

26. The presentation of a will for probate is mandatory adultery to have a ground for legal separation
 TRUE  FALSE
27. A mere picture in the testator’s cellphone of his holographic will may be  This is a case of connivance
allowed for probate purposes 35. In no case may a court compel performance of marital obligations between the
 FALSE spouses because these are personal obligations
28. A duplicate copy of a notarial will may be accepted during probate  FALSE
 TRUE  Support is an exception can be enforced through court action
 What must be done? 36. A husband has an action for damages based on breach of contract against the
o Explain why cannot present the original wife who fails to perform her obligations as a spouse
29. There is no preterition if the excluded heir, with or without issue, does not  FALSE
survive the testator  No breach of action in contract of marriage
 FALSE  Basis of cause of damages is tort (Art 19)
 Last requisite, must survive the testator, exception if the preterited 37. Without exception, stipulations in the marriage settlements on property
heir has his own heirs, it will be subject to the right of representation relations shall be void if the marriage does not take place
 What is preteririton; Elements  TRUE
 Omit the wife preterition? NO 38. The 1/5 limitation on donations by reason of marriage will also apply even if
 Applies to both ascending and descending line subject to the rules the parties executed an ordinary donation
provided for by the NCC  FALSE
 If the ascendants are excluded by the descendants no preteririton  The 1/5 limitation applies if the donation propter nuptias is made in
 Pretertion of an adopted child? YES, because they are considered the marriage settlement
legitimate  The reason for limitation is to prevent undue influence
o If the adopter omits the adopted, there is preterition. The  If it is an ordinary donation, there is nothing to prevent since it was
institution of heirs will be annulled not made in consideration of marriage but out of pure liberality, thus
 Will it matter if it was by accident, by mistake or unintentional and limitation does not apply
the omission is total and complete? 39. Donations propter nuptias need not comply with the formalities required for
o Art. 854, 855 the validity of ordinary donations
o if the omission was not intentional  FALSE
 if the omission is intentional, but he does not comply with the 40. After legal separation, the done may revoke a donation by reason of marriage if
conditions of disinheritance, (governed by 918) the donor is the guilty spouse because no one may be compelled to accept the
o the institution of heirs will be annulled but only to the generosity of another
extent of their legitime  FALSE
30. Substitution of an heir is a conditional institution  The donor may revoke the donation if the donee is the guilty spouse
 TRUE 41. The sex-change-operation of the husband is a valid ground for declaration of
31. Exceptionally, a compulsory heir may be substituted nullity of the marriage
 FALSE  FALSE
 Can you impose a condition on legitime?  Not one of the grounds, grounds must be present at the time of the
o General Rule: NO celebration of the marriage
42. The expenses of the husband in undergoing the sex change operation are 49. Interests earned by the bank deposits of H belong to the absolute community
chargeable against the absolute community even if the capital was donated by his grandfather a day before to the conjugal
 FALSE partnership.
 Not for self-improvement  TRUE
43. Each spouse must shoulder expenses for preservation of their separate 50. Interests on the ante nuptial accounts payable of the husband incurred during
properties his stag party shall be charged against the conjugal partnership but the
 TRUE principal must be paid out of his exclusive funds
 Unless of course if it used by the family  FALSE
44. In all instances the spouse shall be governed by the regime of absolute  Not benefit the family
community in the absence of a stipulation on property relations 51. The husband alone may be sued for the enforcement of an obligation entered
 FALSE into by the spouses
 Art. 103, 130 it is complete separation  TRUE
 Spouse dies, no liquidation, surviving remarries

52. The conjugal partnership will be liable of the contract was executed by the
o The property regime of the surviving spouse and the new husband with the wife signing as a mere witness
spouse if complete separation of property  TRUE
45. A car acquired by H prior to his marriage to W belongs to the conjugal 53. Fines and indemnities imposed upon the husband may be charges against the
partnership if conjugal funds were used to pay the remaining installment partnership assets even before the liquidation of the partnership
payments secured by a chattel mortgage over the car executed by H upon  TRUE
delivery of the car 54. The conjugal partnership shall advance payment for liability of a debtor-spouse
 FALSE arising from a criminal offense
 Art 118  FALSE
 When the ownership was acquired 55. In all cases, the transfer of conjugal partnership property by the administrator
o Vested before the marriage – separate spouse without the consent of the other spouse us void ab initio
o Vested after the marriage – conjugal  FALSE
 Car was acquired prior. Car is separate, but the husband has to pay the  Exception: if there is court approval
conjugal partnership that was used to pay the remaining balance 56. Judicial separation of property may follow upon the declaration of presumptive
46. A car purchased during the marriage, 45% of the price of which is paid out of death of the wife who was missing for 3 years after the plane she boarded
conjugal partnership funds and 55% from the exclusive finds of the wife, crashed in the Indian ocean
belongs to the conjugal partnership  FALSE
 TRUE  If there is presumptive death, you liquidate the property regime
 In this event, there will be co-ownership between the spouse and the  Judicial separation of property is a proper remedy ONLY if the
conjugal marriage has not been dissolved.
 What re considered to be separate in CPG 57. Upon court approval of the agreement for voluntary separation of property, its
o Acquired using the separate funds of one spouse effectivity shall retroact to the date of signing of the agreement
 Partly by Conjugal and Partly by Separate  FALSE
o Apply the rule that those acquired during the marriage  Effectivity is not the finality of the judgment
form part of the CPG WITHOUT prejudice to the 58. After judicial separation of property, the spouses may agree to revive their
obligation for reimbursement former property regime or adopt a new one
47. Damages awarded by a court to H in connection with a contract of carriage he  FALSE
entered into prior to his marriage belong to the conjugal partnership if the  Not apply the circular that applies to legal separation where the SC
judgment became final during the marriage said that thye can revieve or adopt a new one
 FALSE 59. Voluntary dissolution of the absolute community may happen only once
 The contract was entered into using finds of the spouse  TRUE
 Cause of action arose before the marriage 60. Judicial separation under Art 135 of the FC may happen more than once
48. Moral damages awarded in favor of the husband because of physical injuries  TRUE
inflicted by the brother of his wife belong to the conjugal partnership 61. The administration of exclusive property may be transferred by the court to the
 FALSE other spouse who is sentenced to a penalty which carries with it civil
 It is separate property interdiction
 FALSE
62. What are the concepts of legitime (2) 5. In the establishment of an easement by apparent sign, the silence of the deeds
 Right of the compulsory heirs to the share that was reserved for him does not bar the right to the easement
by the law  TRUE
 Property forming part of the estate 6. In exceptional circumstances, an easement of right of wat may be acquired by
63. 2 instances when the naked owner is obliged to post a bond in usufruct (Art prescription
587 &609)  FALSE
 Expropriation Proceedings, make a replacement to the usufructuary,  Discontinuous easement, cannot be acquired by prescription
cannot still, pay the usufructuary (usufruct over money), interest. To 7. The right to claim the exercise of a legal easement does not prescribe
secure the obligation, secure the bond.  TRUE
 If the naked owner does not want the personal property to be used for 8. The opening of a public road adjoining the dominant estate ipso facto
it has Sentimental Value extinguishes an easement of right of way through another’s property
64. Enumerate 9 classes of succession  FALSE
 It is not automatic, there must be demand and payment of indemnity

65. 6 grounds for disallowance of wills
 Non–compliance with the formalities of the will 9. By accession, fruits falling naturally belong to the owner of the land on which
 Incapacity of the testator they fall
 Fraud on the part of the heir or the person in who favor the will was  FALSE, by operation of law not by accession
created 10. The easement of lateral support does not apply to future constructions
 Undue and improper influence or pressure  FALSE
 Signed the document 11. A general capacity to contract is sufficient to constitute a voluntary easement
 Mistake, never intended the document to be his will  TRUE
66. Grounds for revival of property regime between the spouses before judicial 12. A property under usufruct may be subjected to a voluntary easement
separation of property (7)  TRUE
67. Presumptions regarding possession (8) 13. There could be an easement over a property under usufruct
68. 4 degrees of possession  TRUE
14. The stock dividends belong to the naked owner but the usufructuary can enjoy
CIVIL LAW REVIEW ’16 (6th QUIZ) the same during the period of usufruct
 FALSE
*2 hypo questions  It belongs to the usufructuary
1. Marriage Settlement/Donation Propter Nuptias – marriage did not happen, 15. There is no need for security in a usufruct over periodic rentals
brother of supposed to be husband claims the car given by supposed to be husband  TRUE
to his supposed to be wife 16. The easement of right of way may be apparent or non-apparent
2. Dried up river bed for registration  TRUE
17. The easement of light and view may be non-apparent
 FALSE
CIVIL LAW REVIEW ’16 (7th QUIZ)  There has to be an opening
18. The easement of light and without view may be positive or negative
1. An easement is a real right of limited use but without possession of the thing  TRUE
 TRUE  Positive: Party Wall
2. The easement of light and view, abutment of a dam, and aqueduct are  Negative: Exclusive Wall
continuous easements 19. The easement on riparian owner is 20 meters along the banks of river in
 TRUE agricultural areas.
3. The easement of distance may be acquired by prescription  TRUE
 TRUE  20 years - Agricultural
4. Servitude of intrusion may be acquired by prescription upon a notarial  40 years - Forest
prohibition given to the servient owner 20. 4 requisites of right of way
 FALSE  owner of the property
 Intrusion is a positive easement  estate is enclosed by other immovable
 Notarial is a negative easement  not due to his own fault
 absolutely necessary
 payment of indemnity that does not actually stay in Unit 1A. KPTCC cannot collect such dues. May
 least prejudicial to the servient owner (preferred shorter)
KPTCC collect assessment and dues against Poorita Corporation? Why? Why
21. Whenever the dividing wall of masonry has stepping stones, the wall is not?
presumed an exclusive wall belong to the party on whose side the stepping
stones protrude 30. Roddy, Leila and Barrack are siblings. Their father, Padre Flora y Fauna,
22. 6 modes of extinguishing easements passed away. Roddy and Leila made arrangements for the cremations of their
 Merger father’s remains. After the cremation and without Roddy and Leila’s
 Bad Condition knowledge or consent. Barrack took the ashes away. Roddy and Leila want to
 Non-user for 10 years charge Barrack for theft. Barrack alleges that no action for theft may be filed
 Redemption agreed upon by the parties against them as they ashes or the remains of Padre Flora y Fauna do not
 Renunciation by the owner constitute property or are beyond the commerce of man. Are Padre Flora y
 Expiration of the term or fulfillment of a resolutory condition Fauna’s remains (ashes) property? Explain.

23. A transferor whose property is isolated by a property he donated may demand a
right of way from the transferee without indemnity
24. 8 External signs rebutting the existence of a party wall
25. Exceptionally, a void marriage order Art 36 of the FC may be ratified
26. Family relations exist between the mother-in-law and the son-in-law even after
the death of the latter’s wife
27. An Australian living in the PH acquired shares of stock worth 10M in food
manufacturing companies. He died in Manila, leaving a legal wife and a child
in Australia and a live-in partner with whom he had two children in Manila. He
also left a will, done according to the PH laws, leaving the properties to his live
in partner and their children. Is the will valid?
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
close it in preparation for building his house on it. The residents protested,
claiming that they became owners of the land through acquisitive prescription
having been in possession of the same in the concept of owners, publicly,
peacefully, and continuously for more than 30 years. Is this claim correct?
29. Kili kili Power Towers Condominium Corporation (“KPTCC”) is a non-stock

corporation organized for the sole purpose of holding title to and managing the
common area of the KIli Kili Power Towers Condo. Membership in KPTCC is
compulsory and limited to all registered owners of units in the Condo. Poorita
Corp is the registered owner of Unit 1A of the Condo. Poorita Corpo’s
President, Kulangot S. Pader (“KSP”) occupies said unit. Poorita failed to pay
the quarterly assessment and dues (beginning the year 2010 to present) that
KPTCC collects pursuant to the Master Deed and Declaration of Restrictions
and its By Laws. KPTCC thus disallowed KSP and Poorita from using the
Condo facilities and common areas. Poorita alleges that by preventing the use
of the common areas, KPTCC has no right to demand payment for assessment
and dues as the right to demand such payment carries with it the correlative
right to allow the use of the condo facilities. Poorita also claims that since it is
KSP using the Unit 1A and the facilities and Poorita us only a juridical entity

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CIVIL LAW REVIEW (1st Quiz) 8.

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22. International law is always supreme over domestic law  FALSE

  Accept the referral and apply PH law

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24. 8 External signs rebutting the existence of a party wall

25. Exceptionally, a void marriage order Art 36 of the FC may be ratified

29. Kili kili Power Towers Condominium Corporation (“KPTCC”) is a non-stock

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