DAY 2 (AM) Civil Law Flashcards
1.
Carlos and Chloe scheduled their intimate wedding on September 4, 2024
at 7:00 p.m. in Manila. Chloe purchased from Angelica a gold wedding
ring with engraving “Love, Carlos” for PHP 1,000,000.00. Angelica
promised to deliver the ring on or before the wedding day. On September
1, 2024, a weather bulletin warned that super typhoon Enteng will enter
the country within three days. On September 4, 2024 at 6:00 a.m.,
typhoon Enteng and the enhanced southwest monsoon caused massive
flooding that rendered major roads in Manila impassable to all kinds of
vehicles. Angelica failed to deliver the ring in time for Carlos and Chloe’s
wedding which pushed through despite the typhoon. Angelica delivered
the ring the following day after the flood subsided. Chloe filed against
Angelica a complaint for damages. Angelica denied liability and argued
that typhoon is a fortuitous event. Chloe replied that typhoon is not a
fortuitous event because its arrival was earlier announced. In any event,
the typhoon will not exempt Angelica because of her negligence and
default. Angelica was negligent when she failed to pay attention to the
forecast and was in default when she delivered the ring after the
wedding. Is Angelica liable for damages due to default in complying
with her obligation? Explain.
2.
Viada and Blanco are best friends. In July 2024, Blanco sold to Castan a
parcel of land registered in Viada’s name. Blanco signed the deed of
absolute sale in behalf of Viada and pretended as his agent. In August
2024, Viada executed a special power of attorney (SPA) authorizing
Blanco to sell the identical parcel of land. Blanco executed a deed of
absolute sale in favor of Sanchez Roman who was aware of the prior
conveyance of the same land to Castan. Thereafter, Castan learned of the
subsequent transaction between Blanco and Sanchez Roman. Castan then
filed against Sanchez Roman an action for annulment of sale. Castan
argued that Sanchez Roman is in bad faith because of his knowledge of
the prior sale. Sanchez Roman countered that the sale between Blanco and
Castan is void for lack of Viada’s consent. Castan replied that the
subsequent issuance of the SPA to Blanco ratified any defect in their
transaction. Who between Castan and Sanchez Roman has a better
right over the parcel of land? Explain.
Alice and Sheila occupied a parcel of land which they inherited from their
parents. In 2003, Alice executed an affidavit of self-adjudication over the
property and was issued a certificate of title solely under her name. In
August 2024, Sheila discovered that she was excluded from the certificate
of title. Sheila filed against Alice an action to reconvey the land based on
implied trust. Sheila alleged continuous actual possession of the property
and deprivation of share as compulsory heir. Alice countered that the
prescriptive period to reconvey real property based on an implied trust is
10 years reckoned when she repudiated the trust in 2003 upon the issuance
of certificate of title in her name. Thus, Sheila’s action for reconveyance
filed only in 2024 had already prescribed. Is Sheila’s cause of action to
recover her share in the property from Alice already prescribed?
Explain.
4.
In 2017, Maloi leased her real property to Sheena for a period of 10 years
with rental escalation clause which reads: “For the first five years, the
rental rate shall be PHP 10,000.00 per month subject to 10% increase for
the succeeding years.” In 2020, Sheena assigned to Colet her rights and
obligations under the contract of lease. Colet then paid the agreed rentals
to Maloi. In 2023, Colet paid PHP 10,000.00 monthly rent through
postdated checks but were dishonored for having been drawn against a
closed account. Maloi charged Colet with the crime of estafa. On the other
hand, Maloi demanded from Sheena the unpaid rentals and stipulated
increase in rent but was refused. Sheena denied liability and argued that
her obligation was already extinguished when Colet substituted her as
lessee. Sheena added that Maloi accepted rental payments from
Colet. Did novation extinguish Sheena’s obligation under the contract
of lease? Explain.
Primo, a French national and permanent resident of Canada, executed in
the Philippines a holographic will which he entirely wrote, dated and
signed. Primo enumerated in the will various real and personal properties
situated in the Philippines, France and Canada. Primo bequeathed the
properties in the Philippines to his parents, the properties in France to his
siblings, and the properties in Canada to his wife and children. In 2024,
Primo suffered a heart attack and died in Australia while attending a
conference. Primo was survived by his wife, two children, parents, and
three siblings. What laws shall govern the formalities of Primo’s
holographic will, the distribution of his estate, and the qualifications
of his heirs? Explain.
In 2021, Jesse and Celeste got married. After a year, Jesse took all their
savings and abandoned Celeste for his paramour Diana. Jesse asked Diana
to quit her job. Diana hesitated because she has no money and is drowning
in debts. Yet, Jesse promised to provide for all of Diana’s needs. Jesse and
Diana then lived together. The following day, Jesse and Diana bought a
brand-new car. The vehicle was exclusively registered under Diana’s
name. Celeste learned of the purchase and filed an action to recover the
vehicle from Diana. Celeste claimed that Jesse is still her lawful husband,
and that the car is part of their community property. Diana countered that
she and Jesse are co-owners of the vehicle. Can Celeste recover the
vehicle from Diana? Explain.
7.
Lloyd had a long-time crush with his childhood friend Miggy. Lloyd
always dreamed of building a family with Miggy but Philippine laws
disapprove of same-sex marriages. Lloyd then migrated and established a
career in Sweden. After several years, Lloyd applied for naturalization and
was granted Swedish citizenship. Lloyd underwent gender-affirming
surgery to resemble the woman gender identity. Lloyd also changed his
sex from “male” to “female” and his name from “Lloyd” to “Laida”
pursuant to Swedish law. Thereafter, Laida returned to the Philippines and
married Miggy. Is the marriage between Miggy and Laida valid?
Explain.
8.
In 1990, Monica was born during the marriage of her parents Anton and
Steph. In 2024, Monica discovered that a certain Patrick signed as the
father in her birth certificate. Monica looked for Patrick and was informed
that he passed away a year earlier. Monica learned that Patrick was Steph’s
last boyfriend before she married Anton. Thereafter, Monica filed a
complaint for partition of Patrick’s estate. Monica claimed that she is the
non-marital child of Patrick and Steph. Monica submitted her birth
certificate where Patrick recognized her as his daughter. The heirs of
Patrick opposed the complaint and argued that Monica is presumed the
legitimate child of Anton and Steph pursuant to Article 164 of the Family
Code which states that “children conceived or born during the marriage
of the parents are legitimate.” The heirs of Patrick also invoked the rule
that only the father can impugn the legitimacy of the child. May Monica
impugn her own legitimacy in an action for partition? Explain.
9.
Zion purchased a condominium unit from Hammered Homes Realty
(HHR) for PHP 10,000,000.00. Zion paid a down payment of PHP
2,000,000.00, while the balance of PHP 8,000,000.00 is payable for a
period of 80 months at PHP 100,000.00 monthly installments. Zion started
paying the monthly installments on April 15, 2022. Due to financial
difficulties, Zion started to default on his payments from June 15, 2024.
Zion paid PHP 1,800,000.00 total monthly installments. On August 15,
2024, Zion received a notarized letter cancelling the contract to sell. Zion
then went to the office of HHR to claim the cash surrender value of his
payments pursuant to Republic Act No. 6552 entitled “Realty Installment
Buyer Act” or the Maceda Law. Is Zion entitled to cash surrender
value? Explain.
10.
Caloy died with a net estate of PHP 240 million, survived by his:
(1) father - Cesar;
(2) spouse - Grace;
(3) legitimate children - Teddy and Bobbie;
(4) illegitimate child - Rebreb; and
(5) sisters - Alex and Gabbie.
In his will, Caloy instituted Rebreb as the sole heir. How much can
Rebreb receive from Caloy’s estate? Explain.
11.
Rico mortgaged a parcel of land to Maris as security for a loan. In the
mortgage contract, Rico appointed Maris as attorney-in-fact for the
purpose of selling the land in case of default in the payment of loan. Rico
failed to pay his obligation. Maris then purchased the land from Rico
through a deed of absolute sale. Later, Rico questioned the mortgage
contract because it violates the prohibition against pactum commisorium.
As such, the subsequent sale is also void. Is the sale between Rico and
Maris valid? Explain.
12.
Kiko leased a parcel of land to Jackie from January to December 2024 or
for a period of one year. In July 2024, Kiko sent to Jackie a letter which
reads: “I am giving you the first opportunity to buy the leased property
for PHP 1,000,000.00. You have until the expiration of the lease contract
within which to decide.” Immediately, Jackie informed Kiko that she will
buy the leased property for PHP 800,000.00. Kiko did not reply to Jackie.
In August 2024, Jackie learned that Kiko sold the leased property to Bogs
for PHP 800,000.00. Aggrieved, Jackie filed an action against Kiko and
Bogs to rescind their contract of sale. Jackie claimed that the sale
transaction violated her right of first refusal, and that she must be allowed
to buy the property at a similar price of PHP 800,000.00. Can Jackie
rescind the contract of sale between Kiko and Bogs for the alleged
violation of her right of first refusal? Explain.
13.
Klyde and his predecessors-in-interest had been in open, continuous,
exclusive and notorious possession and occupation of a 10-hectare
agricultural land of the public domain under a bona fide claim of
ownership since 1995. In 2015, the property had been declared alienable
and disposable. In 2020, Klyde applied for registration of the lot. The
Register of Deeds denied the application because Klyde did not occupy
the property since time immemorial or before June 12, 1945. Is the
Register of Deeds justified in denying registration of the property in
favor of Klyde based on lack of occupation since time immemorial?
Explain.
14.
In 2015, Sergio and Calista got married. In 2019, Sergio started
complaining about his recurring and severe migraines. Sergio then left
without informing Calista his whereabouts. Eventually, Calista fell in love
with her best friend Albert. In 2024, Calista filed a summary proceeding
to declare Sergio presumptively dead so she can marry Albert. Calista
alleged that Sergio’s only known relative is his brother, Robert, who lives
in Cotabato City. Calista wrote to Robert and asked him about Sergio.
Robert replied that he does not have any idea where to find Sergio. Calista
also tried to inquire from Sergio’s friends but to no avail. Thus, Calista
honestly believed that Sergio is already dead. Is Calista’s petition for
declaration of presumptive death meritorious? Explain.
15.
Ginny arrived at Star Viva Hotel (SVH) and entrusted the ignition key of
her vehicle to parking attendant Marco, who in turn, issued a valet parking
customer claim stub. After parking the vehicle, Marco placed the ignition
key inside a safety box. Ginny proceeded to the hotel lobby to check in.
At midnight, the hotel security officer informed Ginny that her vehicle
was carnapped. Ginny filed against SVH an action for damages for the
loss of the vehicle. In its answer, SVH denied responsibility for any loss
or damage to vehicles in the parking area since the valet parking service
is a special privilege given for the convenience of hotel guests. Is SVH
liable for the loss of Ginny’s vehicle? Explain.
16.
In 2021, Kynan was born to live-in partners Popoy and Basha. After a
year, Popoy and Basha parted ways due to irreconcilable differences.
Basha worked as a market vendor to support Kynan and often left him in
the care of his maternal grandmother. Popoy occasionally sent money for
Kynan’s needs. Later, Basha had a discreet romantic affair with her best
friend Helen. In 2024, Popoy filed a case for the sole custody of Kynan
and alleged that Basha is an unfit mother. Popoy argued that Basha’s
lesbian relationship is not conducive to the proper moral development of
Kynan. Basha countered that she is able to take care of and provide for
Kynan despite her meager income. Are there compelling reasons to
deprive Basha of Kynan’s custody? Explain.
17.
Lennon made a last will and testament which contained two simple
dispositions, to wit: “First, I am leaving one-half of my estate in favor of
the poor…. Second, I am leaving the other half of my estate in favor of my
soul….” Lennon named Atty. Manresa as executor and instructed him to
carry out the provisions of his will. In 2024, Lennon died single and
childless. Thereafter, Lennon’s will was presented for probate. The
siblings of Lennon opposed the probate of the will and claimed his entire
estate through intestate succession. The siblings of Lennon argued that his
testamentary dispositions are void because the first is in favor of an
unknown person while the second is for a beneficiary without civil
personality. Are the dispositions in Lennon’s will void? Explain.
18.
Sharon owned a parcel of land adjoining the sea with flat terrain at the
center and elevated rocky northern part. Sharon executed a written
instrument where she donated the portion with flat terrain to Nicholas who
accepted it in the same instrument. After survey, Nicholas discovered that
the land described in the deed of donation refers to the rocky northern
portion. However, Sharon already died without correcting the mistake.
Nicholas asked the heirs of Sharon to execute an amended deed of
donation over the flat terrain but was refused. Nicholas filed against the
heirs of Sharon an action for reformation of instrument to reflect the real
intention of the parties. May the trial court compel the heirs of Sharon
to reform the instrument and execute an amended deed of donation?
Explain.
19.
On July 5, 2024, Odrey and Jeboy executed a notarized agreement for the
sale of real property which reads: “Odrey agrees to sell Lot 0416 to Jeboy
for a total consideration of PHP 1,000,000.00. Upon full payment of the
purchase price, Odrey will execute a deed of absolute sale in favor of
Jeboy.” The following day, Jeboy recorded the instrument with the
Register of Deeds. On August 5, 2024, Odrey and Lorenz executed a
notarized document over the same parcel of land which reads: “for and in
consideration of PHP 1,000,000.00, receipt of which is hereby
acknowledged, Odrey hereby sells, transfers, and conveys and by these
presents sold, transferred, and conveyed Lot 0416 to Lorenz.” The deed
between Odrey and Lorenz was not registered. Later, Jeboy discovered
the transaction between Odrey and Lorenz. Jeboy invoked the rules on
double sale and argued that he has a better right because he is the first
registrant in good faith. Will the rules on double sale apply? Explain.
20.
Alan, a mall security guard, negligently shot Kazuto, a customer who died
on the spot. The heirs of Kazuto filed an action for damages against Alan,
for his own negligence, and his employer, Ryota Security Agency (RSA),
for failure to observe diligence in the selection and supervision of its
employees. In due course, the trial court ruled that both Alan and RSA are
negligent and ordered them to pay damages in favor of the heirs of Kazuto,
to wit:
FOR THESE REASONS, the complaint for quasi-delict is GRANTED. Alan is civilly liable to pay the heirs of Kazuto PHP
1,000,000.00 actual damages, PHP 500,000.00 moral damages, and
PHP 500,000.00 exemplary damages. Ryota Security Agency, as
employer, is subsidiarily liable to pay the award of damages in case of
the employee’s insolvency.
The award of damages shall earn interest at the rate of 12% from
filing of the complaint until finality of the decision.
SO ORDERED.
Did the trial court properly impose the civil liabilities of Alan and RSA? Explain.
