a. Ador and Becky’s marriage wherein Ador was afflicted with AIDS prior to the marriage. (2%)
b. Carlos’ marriage to Dina which took place after Dina had poisoned her previous husband Edu in order to free herself from any impediment in order to live with Carlos. (2%)
c. Eli and Fely’s marriage solemnized seven years after the disappearance of Chona, Eli’s previous spouse, after the plane she had boarded crashed in the West Philippine Sea. (2%)
d. David who married Lina immediately the day after obtaining a judicial decree annulling his prior marriage to Elisa. (2%)
e. Marriage of Zoren and Carmina who did not secure a marriage license prior to their wedding, but lived together as husband and wife for 10 years without any legal impediment to marry. (2%)
Rigor and Mike now come to you today for legal advice in asserting their right of ownership of their respective lands based on their long possession and occupation since 1960.
a. What are the legal consequences of the 1991 declarations of the Government respecting the lands? Explain your answer. (2%)
b. Given that, according to Section 48(b) of Commonwealth Act No. 141, in relation to Section 14(1) of Presidential Decree No. 1529, the open, continuous, exclusive, and notorious possession and occupation of alienable and disposable lands of the public domain as basis for judicial confirmation of imperfect title must be from June 12, 1945, or earlier, may Mike nevertheless validly base his assertion of the right of ownership on prescription under the Civil Code? Explain your answer. (4%)
c. Does Rigor have legal basis for his application for judicial confirmation of imperfect title based on prescription as defined by the Civil Code given that, like Mike, his open, continuous, exclusive, and notorious possession and occupation was not since June 12, 1945, or earlier, and his tract of land was timber land until the declaration in 1991? Explain your answer. (4%)
When Josef sought the release of the amount deposited, NHA argued that Josef should only be entitled to P50 million.
Who owns the interest earned? (3%)
b. Distinguish commodatum from mutuum. (3%)
Jacob has owned a farm land in Ramos, Tarlac. In 2012, Liz surreptitiously entered and cultivated the property. In 2014, Jacob discovered Liz’s presence in and cultivation of the property. Due to his being busy attending to his business in Cebu, he tolerated Liz’s cultivation of the property. Subsequently, in December 2016, Jacob wanted to regain possession of the property; hence, he sent a letter to Liz demanding that she vacate the property. Liz did not vacate despite the demand.
Jacob comes to enlist your legal assistance to bring an action against Liz to recover the possession of the property.
What remedies are available to Jacob to recover possession of his property under the circumstances? Explain your answer. (4%)
May Dylan be legally required to afford to Tyler a right of way through his property? Explain your answer. (4%)
I, Bernadette, agree to buy the lot owned by Alice covered by TCT No. 12345 for the ammount of P900,000 subject to the following schedule of payment:
Upon signing of agreement – P100,000
November 15, 2015 – P200,000
December 15, 2015 – P200,000
January 15, 2016 – P200,000
February 15, 2016 – P200,000
Title to the property shall be transferred upon full payment of P900,000 on or before February 15, 2016.
After making the initial payment of P100,000 on october 15, 2015, and the second installment of P200,000 on November 15, 2015, Bernadette defaulted despite repeated demands from Alice.
In December 2016, Bernadette offered to pay her balance but Alice refused and told her that the land was no longer for sale. Due to the refusal, Bernadette caused the annotation of her adverse clalm upon TCT No. 12345 on December 19, 2016. Later on, Bernadette discovered that Alice had sold the property to Chona on February 5, 2016, and that TCT No. 12345 had been cancelled and another one issued (TCT No. 67891) in favor of Chona as the new owner.
Bernadette sued Alice and Chona for specific performance, annulment of sale and cancellation of TCT No. 67891. Bernadette insisted that she had entered into a contract of sale with Alice; and that because Alice had engaged in double sale, TCT No. 67891 should be cancelled and another title be issued in Bernadette’s favor.
a. Did Alice and Bernadette enter into a contract of sale of the lot covered by TCT No. 12345? Explain your answer. (4%)
b. Did Alice engage in double sale of the property? Explain your answer. (4%)
Eagerly awaiting Pedro’s arrival at the NAIA were his aging parents Modesto and Jacinta, his common-law spouse Veneranda, their three children, and Alex, his child by Carol, his departed legal wife. Sadly for all of them, Pedro suffered a stroke because of his over-excitement just as the plane was about to land, and died without seeing any of them.
The farmland and the savings were all the properties he left.
(a) State who are Pedro’s legal heirs, and the shares of each legal heir to the estate? Explain your answer. (4%)
(b) Assuming that Pedro’s will is discovered soon after his funeral. In the will, he disposed of half of his estate in favor of Veneranda, and the other half in favor of his children and his parents in equal shares. Assuming also that the will is admitted to probate by the proper court. Are the testamentary dispositions valid and effective under the law on succession? Explain your answer. (4%)
Is the sale valid, void or voidable? Explain your answer. (3%)
(a) A contract of sale between Lana and Andy wherein 16-year old Lana agreed to sell her grand piano for 25,000.00. (2%)
(b) A contract of lease of the Philippine Sea entered by and between Mitoy and Elsa. (2%)
(c) A barter of toys executed by 12-year old Clarence and 10-year old Czar (2%)
(d)A sale entered by Barri and Garri, both minors, which their parents later ratified. (2%)
(e) Jenny’s sale of her car to Celestine in order to evade attachment by Jenny’s creditors. (2%)
Nolan seeks your advice on how to collect from Zeny despite the tenor of the promissory note. what will your advice be? Explain your answer. (3%)
Wanting her property back, Krystal, learning of the transfer of the property from RBP Corporation to Gloria, sued both of them in the Regional Trial Court (RTC) for annulment of sale and for reconveyance. She alleged that the sale by RBP Corporation to Gloria was void because RBP Corporation was a foreign corporation prohibited by the Constitution from acquiring and owning lands in the Philippines.
Will KrystaI’s suit for annulment of sale and reconveyance prosper? Explain your answer. (4%)
(a) All rights are considered as property. (2%)
(b) A lessee cannot bring a case for quieting of title respecting the property that he leases. (2%)
(c) Only the city or municipal mayor can file a civil action to abate a public nuisance. (2%)
(d) Possession of a movable property is lost when the location of the said movable is unknown to the owner. (2%)
(e) Continuous non-apparent easements can be acquired either through title or by prescription. (2%)
a. If Plutarco wants to own the increase in area, what will be his legal basis for doing so? Explain your answer. (2%)
b. On the other hand, if the river dries up, may Plutarco validly claim a right of ownership of the dried-up river bed? Explain your answer. (2%)
Can ABC Bank proceed directly against Rosella upon Kevin’s default even without proceeding against Kevin first? Explain your answer. (3%)
The parents of the fatality sued Jovencio for damages based on culpa contractual alleging that Jovencio was a common carrier; Porfirio for being negligent; and the PNR for damages based on culpa aquiliana.
Jovencio denied being a common carrier. He insisted that he had exercised the diligence of a good father of a family in supervising Porfirio, claiming that the latter had had no history of negligence or recklessness before the fatal accident.
(a) Did his operation of the school bus service for a limited clientele render Jovencio a common carrier? Explain your answer. (3%)
(b) In accordance with your answer to the preceding question, state the degree of diligence to be observed by Jovencio, and the consequences thereof. Explain your answer. (3%)
(c) Assuming that the fatality was a minor of only 15 years of age who had no earning capacity at the time of his death because he was still a student in high school, and the trial court is minded to award indemnity, what may possibly be the legal and factual justifications for the award of loss of earning capacity? Explain your answer. (4%)