CIVIL LAW (Part I) - BAR Questions
CIVIL LAW I
1. Noel is the
son of spouses Marie and Benedict. Benedict has passed away. For Noel’s 7th
birthday, his paternal grandparents offered to organize and pay for his birthday
party. In coordination with Marie, the grandparents booked the party venue,
signed the contracts with the caterer and the entertainers, finalized the guest
list, and paid all amounts due. Marie promised to them to bring Noel to the
party.
A week before the scheduled birthday party, Marie decided
that she would not bring Noel to the party, and that she would instead take him
on an out-of-town trip on the day of the party. Marie could not forget that her
parents-in-law initially opposed Benedict’s marriage to her because she was a
former burlesque dancer.
Marie did not notify the grandparents of her plan to skip
the birthday party. During the party, the grandparents kept trying to get in
touch with her but she ignored all their calls. The grandparents and the guests
who went to the party were very dismayed that Noel was not present. When the
grandparents asked Marie why she did not bring Noel to the party, she simply
replied, “I am his mother, and I decide
where he goes!” To which, Noel’s grandmother
retorted, “Anak mo lang s’ya! Hindi mo
s’ya pag-aari!”
The grandparents seek your advice on whether there is legal
basis to hold Marie liable for the damages that they have suffered as a result
of her acts.
What
is your advice? Explain briefly. (5 points)
2. Razna and
Junsi got married in 2015 and were blessed with two children, Zarah and Mica.
In 2020, because of the COVID-19 pandemic, the entire family had to spend 24
hours together every day in their small house. Razna observed that although
Junsi continued to work from home to support the family, he began to exhibit
paranoia, and constantly kept making sure that they always washed their hands
and rubbed them with alcohol ten times before eating. Junsi also always wore a
face mask, face shield and hazmat in the house, except when he was alone in the
room. Junsi began sleeping separately from Razna and their children. He
believed that other people who wanted to meet him in person were actively
trying to harm him by exposing him to the virus.
In early 2022, Razna filed a petition for declaration of
nullity of her marriage with Junsi on the ground of psychological incapacity
under Article 36 of the Family Code, citing his atypical behavior. She
presented the testimony of a doctor, who proved that Junsi was suffering from
psychotic paranoia due to intense stress,
which accounted for his belief in things that are not real.
Should
Razna’s petition be granted? Explain briefly. (5 points)
3. Before they
married in 2000, Nonoy and Daday signed a marriage settlement wherein they
agreed that their property relations as husband and wife would be governed by
the conjugal partnership of gains. While the marriage was subsisting, they
acquired a parcel of land using conjugal funds. The Register of Deeds issued a
transfer certificate of title over the said land in the name of “Nonoy, married to Daday”.
Nonoy sold the parcel of land to Barby without Daday’s
consent. Daday was not aware of the sale and did not sign the contract of sale.
A year after Nonoy and Barby signed the contract of sale, Daday died. When the
children of Nonoy and Daday learned about the sale to Barby, they questioned
its validity since Daday had not consented to the sale. Nonoy’s position is
that Daday’s consent was not required because the property was registered in
his name.
Is
the sale to Barby valid? Explain briefly. (5 points)
4. [This item has two questions.] In 2013, Agaton, then 70
years old, executed a will wherein he bequeathed his entire estate to his acknowledged
illegitimate son Karl. Agaton entrusted the original copy of the 2013 will to
Karl. In 2014, Karl joined a group of mercenaries to fight in Crimea alongside
the Russians. After Russia’s annexation of Crimea, Karl did not return to the
Philippines and was never heard of. Five years later, in 2019, Agaton executed
a codicil which provided the following: “Because
of the death of Karl, I revoke my 2013 will. I hereby recognize Gian as my
other illegitimate son, and hereby bequeath to him my entire estate.”
Agaton died in 2020.
During the probate of Agaton’s 2019 codicil, Karl appeared
in court, presented the 2013 will, contested the validity of its revocation,
opposed the probate of the 2019 codicil, and sought the probate of the 2013
will. Both the 2013 will and 2019 codicil were immaculate as to form.
(a)
Did
the 2019 codicil revoke the 2013 will? Explain briefly.
(b)
Distribute
the estate of Agaton. Explain briefly.
(5
points)
5. Joey was the legitimate son of Ron and May. Joey died
intestate and was survived by his wife Kathy and their two legitimate children,
Luis and Clarisse. Several months after Joey died, Ron also died intestate. Ron
was survived by his wife May, daughter Mercy (full-sibling of Joey), and the
children of Joey (Luis and Clarisse).
Distribute
the estate of Ron. Explain briefly. (5 points)
6. [This item has two questions.] Jungkook, who owns a
building, leases the same to Gel with the following terms: (i) the lease is for
a period of ten years; (ii) the yearly rental is Php 1,200,000.00 payable
within the first ten days of the current year; and (iii) in case of breach of
any of the provisions of the lease, Gel is liable to pay Jungkook five monthly
rentals and attorney’s fees. Five years into the lease, Gel sends a notice to
terminate the lease and offers to pay five monthly rentals. Despite Jungkook’s
objections, Gel vacates the premises. Jungkook sues Gel for the rentals due for
the remaining five years of the lease. Gel takes the position that her liability
should only be limited to five monthly rentals and attorney’s fees.
(a) Is there a penalty clause in the lease
agreement? Explain briefly.
(b) As between Jungkook and Gel, who is
correct? Explain briefly.
(5
points)
7. Brenda saw the online advertisement of Evelyn, who sells
limited edition sneakers. Through an exchange of text messages, Evelyn and
Brenda agreed that: (i) Evelyn will sell to Brenda a pair of brand-new sneakers
for Php 25,000.00; (ii) Brenda will deposit the purchase price in Evelyn’s bank
account; and (iii) Evelyn will deliver the sneakers within ten days from
deposit. Brenda deposited the purchase price and Evelyn acknowledged receipt
thereof.
Before the delivery of the sneakers, Evelyn received an
offer from Rosela to buy the same sneakers for Php 35,000.00. Evelyn candidly
tells Brenda that she is selling the sneakers at a higher price to another
buyer, and sends this text message to Brenda: “Sizt, may iba pala akong buyer na mas malaki yung offer, sorry! Balik
ko nalang bayad mo, keri?” Evelyn claims that since the sneakers have not
yet been delivered to Brenda, she can still withdraw the offer.
Is
Evelyn’s contention tenable? Explain briefly. (5 points)
8. In 2017, Alma orally sold a parcel of unregistered land
to the spouses Ray and Shane for Php 500,000.00. Upon receipt of the initial
payment of Php 350,000.00, Alma delivered possession of the land to the
spouses. Shortly thereafter, Alma died. In order to formalize the sale, Ray and
Shane convinced Josie, one of Alma’s children, to sign a notarized deed of
confirmation of sale. In consideration thereof, Josie received Php 150,000.00
representing the balance of the purchase price. On the strength of the
notarized confirmation of sale, the spouses were able to transfer the tax
declaration of the property in their names. Later, Josie died.
In 2020, the surviving children of Alma discovered the oral
sale of the land to Ray and Shane. They demanded the return of the property on
the following grounds: (i) the oral contract of sale is void because it does
not appear in a public instrument; and (ii) assuming the sale is not void, it
is unenforceable under the Statute of Frauds. Ray and Shane insisted that the
sale of the land to them was both valid and enforceable.
Are
the contentions of the heirs of Alma tenable? Explain briefly. (5 points)
9. Aida, for the consideration of Php 5,000,000.00, sold
her parcel of land to Lorna, as evidenced by a notarized Deed of Sale. Lorna,
however, failed to deliver the amount in full, paying only Php 500,000.00 as
down payment. Because of the nonpayment of the balance, Aida simply sold the
same parcel of land to Fe with the intention of returning to Lorna the Php
500,000.00 down payment.
Who
among Aida, Lorna, and Fe owns the property? Explain briefly. (5 points)
10. Laica and Jessica, who are best friends, are both
engaged in moneylending at predatory interest rates. Running out of funds,
Laica borrows Php 2,000,000.00 from Jessica for two months at a monthly
interest rate of 10%. Jessica releases the borrowed amount after Laica signs a
promissory note. Laica then relends to Monica the borrowed amount of Php
2,000,000.00 for two months, at an interest rate of 30%. After two months,
Laica fails to pay Jessica, prompting Jessica to file a collection suit against
the former, for the Php 2,000,000.00 principal and 10% interest per month
pursuant to their agreement. Laica counters that the monthly interest rate of
10% is exorbitant and should be reduced to the legal rate of interest at 6% per
annum.
Which
between the positions of Laica and Jessica is tenable? Explain briefly. (5
points)
11. Leon is the owner of a condominium unit located
directly above the condominium unit owned by Anj. In 2014, Leon undertook
renovations in his unit’s bathroom, which caused water to leak from his
bathroom down to Anj’s unit, and caused extensive damage to Anj’s belongings.
As Anj had obtained property insurance on her unit and its contents from
Proverbial Insurance Co. (PIC), Anj was able to recover the value of the damage
in September 2016.
In October 2022, PIC, as subrogee of Anj, sued Leon to
recover the insurance proceeds it paid to Anj. Leon interposed prescription to
dismiss the suit of PIC. PIC counters that the payment of the insurance
proceeds in 2016 created, by way of legal subrogation, a 10-year period within
which to file the suit against Leon.
Is
PIC correct? Explain briefly. (5 points)
12. Gio, single, joined a marathon organized by Takbo Co.
For lack of alternative routes, the marathon course included a public road
which was not blocked-off from vehicles. Takbo Co. solicited the sponsorship of
Kotse Corp. for added financial support. Gio was hit by a jeepney driven by JD
on the public road and died. The parents of Gio sued Takbo Co. and Kotse Corp.
for damages. The court ruled that Kotse Corp. is solidarily liable for damages
with Takbo Co. for being one of the principal movers of the event due to its
sponsorship.
Is
the court correct? Explain briefly. (5 points)
13. Eka, a Filipina, and Du-guil, a Korean, married in the
Philippines. Thereafter, they moved to Seoul, South Korea. While there, Du-guil
began to ignore Eka. He was always out with his friends and usually came home
drunk. When Eka could not take their marital situation anymore, she asked for a
divorce. Du-guil agreed on the condition that Eka would be the one to file for
divorce, and that the ground should be “no fault”, meaning, neither of them is
at fault or neither would be accused of any wrongdoing. After the divorce, Eka
went back to the Philippines and filed a case to have the judgment of divorce
recognized. The Regional Trial Court (RTC) denied Eka’s petition because she
alone filed for divorce, in violation of the second paragraph of Article 26 of
the Family Code. According to the RTC, Article 26 requires that either the
foreign spouse alone initiates the filing of the divorce or, at the very least,
Eka and Du-guil should have filed for divorce jointly.
Is
the RTC correct? Explain briefly. (5 points)
14. During Remy’s pregnancy, her father Gavin executed a
will bequeathing his rest house in Calatagan, Batangas to Remy’s unborn child.
While Gavin and Remy, who was then seven months pregnant, were on their way to
Calatagan, they figured in a car accident on December 1, 2021 which resulted in
the instantaneous death of Gavin and the premature delivery of Remy on the same
day. At 8:30 a.m. on December 3, 2021, the newborn baby died.
Is
the devise in favor of the baby valid? Explain briefly. (5 points)
15. [This item has two questions.] Miguel, who died single
and childless, was survived by his two legitimate brothers Romy and Rolly, and
his nephews Arno and Pabs, the legitimate sons of his predeceased legitimate
brother Edgar. Before his death, Miguel executed a one-page notarial will,
inclusive of an attestation clause and a notarial acknowledgment, with only one
testamentary disposition bequeathing his entire estate to Romy and Rolly. The
will was not paginated and was attested by four witnesses: Uno, Dos, Tres, and
Quatro. It was the eve of Quatro’s 17th birthday when the will was
executed. The will was written in the Ilocano dialect which Miguel knew and
understood, but the witnesses did not. Miguel and the witnesses signed at the
end of the testamentary disposition. The attestation was also written in the
Ilocano dialect which, when translated to the English language, reads as
follows:
“This
will of Miguel was written in ONE page. We, the attesting witnesses, signed at
the end of the will and at the bottom of this attestation in the presence of
Miguel and of each of us.”
Each of the four witnesses signed below the attestation
clause. Because none of the witnesses knew and understood the Ilocano dialect,
the attestation was interpreted to them by Miguel’s lawyer who was present to
notarize the will.
(a) Does the fact that the will was written in
a dialect known only to Miguel invalidate the will? What about the absence of
the marginal signatures of the testator and the witnesses? Explain
briefly.
(b) May the will nonetheless be admitted to
probate? Explain briefly.
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