CIVIL LAW REVIEW I

Final Exam (SAMPLEX)

A. Choose the best answer and explain why.
1. Easement on intermediate distance is:
a. An apparent easement
b. Apparent and non-apparent easement
c. Non-apparent easement
d. None of the above
A. An apparent easement because as defined by ART. 615 (3) CC Apparent easement are those which are
made known and are continually kept in view by external signs that reveal the use and enjoyment of the same.
An example of this is a plant tree.
2. A prejudicial question involves:
a. one civil and one criminal case
b. one civil and one administrative case
c. one civil and one cadastral case
d. two criminal case
A. one civil and one criminal case because as provided in ART. 36 CC the elements of prejudicial question are
the following:
1. Civil action involves an issue similar or intimately related to the issue raised in the criminal action; and
2. The resolution of such issue determines whether or not the criminal action may proceed.
Therefore, general rule is that there must be one civil and one criminal case. One civil and one cadastral case is
only the exception as held in the case of Judge Tamin.
3. Growing crops or ungathered fruits are
a. movable property
b. immovable property and movable at the same time
c. immovable property
d. none of the above
B. immovable property and movable at the same time. Certain things may partake of the nature of real and
personal property at the same time. This is expressly recognized in ART 416 (2) CC, which states that real
property which by any provision of law is considered as personalty is deemed to be movable or personal property.
Thus, under the Chattel Mortgage Law (Sec. 7, Act. No. 1508), growing crops may be the subject of a contract of
chattel mortgage. Similarly, growing crops may also be considered as personalty for the purpose of a contract of
sale. (ART. 1462 CC)
4. Five years is the prescriptive period to:
a. file petition for legal separation
b. file petition for annulment of marriage
c. to impugn legitimacy of a child
d. all of the above
D. all of the above. It is clear form the provision of the Family Code that:
ART. 57. An action for legal separation shall be filed within five years from the time of the occurrence of the
cause.
ART 47. Substantially it provides that the action for annulment of marriage must be filed within five years except
for causes mentioned in Art. 45(2).
ART. 182. Legitimation may be impugned only by those who are prejudiced in their rights, within five years from
the time their cause of action accrues.

5. Last will and testament shall be governed by:

a. Nationality theory
b. Lex Loci Celebritionis
c. Law of Domicile
d. Lex Rei Sitae
A. Nationality theory. As provided in ART. 16 (2) CC, However, intestate and testamentary successions, both
with respect to the order of succession and to the amount successional rights and to the intrinsic validity of
testamentary provisions, shall be regulated by the national law of the person whose succession is under
consideration, whatever may be the nature of the property and regardless of the country wherein said property
may be found.
6. A builder in bad faith is entitled to:
a. fruits of the property
b. necessary expenses
c. ordinary expenses
d. all of the above
B. necessary expenses. As expressly provided in ART. 452 CC, the builder, planter or sower in bad faith is
entitled for reimbursement for the necessary expenses for preservation of the land. Also, the principle of unjust
enrichment is applied under ART. 22 CC, on which the requisites are the following:
1. a person is unjustly benefited; and
2. such benefit is derived at the expense of or with damages to another.
7. The Archdiocese of Manila received a check in the amount of of P500,000 from Mr. Juan dela Cruz. The check
was enclosed in a sealed envelope and was delivered to the Office of the Archbishop. The following day, Mr. dela
Cruz advised the Office of the Archdiocese not to deposit the check because the donation is void for noncompliance with the formalities under the civil code. Is the contention of Mr. dela Cruz tenable. Why?
YES. The donation is void. As provided in ART. 748 CC, the donation of a movable may be made orally or in
writing. An oral donation requires the simultaneous delivery of the thing or of the document representing the right
donated. If the value of the personal property donated exceeds five thousand pesos, the donation and
acceptance shall be made in writing. Otherwise, the donation is void.
In the case at bar, the property donated is movable property which exceeds five thousand pesos. Based from the
facts, the donation and acceptance was not made in writing. Therefore, not complying with the formalities under
the civil code, the donation is void.

8. Mario wrote the last will and testament of his sick wife Teresa. The will was written in a language known to the
testator and were numbered consecutively. Since she could not anymore move her hands, Teresa used her thumb
mark as her signature. Aside from their helper, driver and laundry woman, Mario also signed as one of the
witnesses. The will was acknowledged by the witnesses and notarized the following day. Is the will valid? Why?
YES, provided that the requisite for qualifications of the testator and witnesses are present. In the case at bar, as
held in the case of ESTATE OF MARIA SALVA, SC ruled that the testators THUMB MARK is always a valid and
sufficient signature for the purpose of complying with the requirement. There seems to be no basis for limiting the
validity of thumb mark/prints to cases of infirmity or illness.
Regarding the qualification for the testator, she must be of sound mind when she was making the will and when
she used her thumb mark as signature. On the other hand, the witness must be:
1. at least 18 years old;
2. physically fit (not deaf, dumb or blind);
3. literate, able to read and write;
4. no prior conviction for perjury/ false testimony/ falsification;
5. sound mind;
6. not the notary public before whom the will is acknowledged; and
7. domicile in the Philippines.

Alternative answer
You can answer IT DEPENDS and then qualify OR NOT NECESSARY if your professor is Atty.
Uribe (,)

9. Nestor died leaving an estate worth P10M. He left an obligation worth P500,000. During his lifetime, he donated
the amount of P200,000 to ABC Foundation. He died without a will. He was survived by his lived-in partner Jenny,
mother Maria, brother Jose, adopted son Carlos. How should the estate of Nestor be distributed?
NOTE: DI AKO SURE (,)
First, deduct the P500,000 and as well as the P200,000 to P10M. Second, apply ART. 147 or 148 of the FC, as
the case may be, in order to determine the estate of Nestor alone. Then, apply the rule in intestate succession. In
this case, the estate of Nestor will be divided between mother Maria and the adopted son Carlos. The partition will
be and respectively. Moreover, brother Jose is excluded because the rules in intestate succession provides
that:
1. an intestate heir is not necessarily a compulsory heir(like a brother or sister); and
2. relatives nearer or nearest in degree exclude the more distant ones.

10. After Meralco received a favorable decision from the court, it unceremoniously cut the electric service connection
in respondents restaurant without proper notice. Respondent filed an Action for Damages against Meralco.
Meralco moved for the dismissal of the complaint on the ground that since a favorable decision was already
rendered in its favor. It has the authority to cut the electric supply of respondent. If you are the judge, how would
you resolve the motion? Why?
If I were the judge, I will resolve the motion in favor of respondent. In this case, the respondent should be given
due process which involves the notice of disconnection. As provided in ART. 19 CC, every person must, in the
exercise of his rights and in the performance of his duties, act with justice, give everyone his due and observe
honesty and good faith. Moreover, ART. 20 and 21 CC can also be applied.
11. In 1989, Mario, the adopted son of Fe, married Celia, the illegitimate daughter of Felicia. Fe is the oldest sister of
Felicia. Maricel was born out of the marriage of Mario and Celia.
In 1990, Mario left for Saudi Arabia to work. Since then, he stopped sending support to his family and all
communications were cut. Five years later, Celia met Badong with whom she had carnal knowledge. After,
she gave birth to a healthy baby boy christened as Julio. Celia decided to marry Badong. What is the status
of:
a. Marriage of Mario and Celia?
VALID. The marriage is valid for the reason that it is not one of the marriages under ART 38 FC which is
considered void from the beginning for reasons of public policy.
b. Maricel, daughter of Mario and Celia?
LEGITIMATE CHILD. Maricel is a legitimate child of Mario and Celia for the reason that ART 164 FC provides
that children born during the marriage of the parents are legitimate. In the case at bar, it was shown from the
facts that the marriage of Mario and Celia is valid.
c.

Marriage of Celia and Badong?

VOID. The marriage of Celia and Badong is void because it is a bigamous marriage. It is one of the
enumerated under ART 35 FC which is considered void from the beginning.
d.

Julio, son of Celio and Badong?

ILLEGITIMATE CHILD. Julio is an illegitimate child of Celio and Badong for the reason that ART 165 FC
provides that children conceived and born outside a valid marriage are illegitimate, unless otherwise provided
in this Code.
e. What is the matrimonial property regime governs the properties of Celia and Badong?
The matrimonial property regime that governs the properties of Celia and Badong is co-ownership under
ART 148 FC. In the case at bar, there exist an impediment to marry each other. The marriage of Celia and
Badong is a bigamous one.
12. Due to the advice of his father that there is a box of jewelries buried in the land of Berto, Jose decided to lease the
said property. Thereafter, Jose started to conduct excavations and indeed found the box of jewelries. It appears
that the jewelries were stolen by Joses father from XYZ Pawnshop and buried them in the property of Berto after
he was being pursued by the police authorities.
a. Can jewelries be considered as hidden treasure? Why?
NO. The jewelries cannot be considered as hidden treasure. As provided in ART. 439 CC provides that by
treasure is understood, for legal purposes, any hidden and unknown deposit of money, jewelry or other
precious objects, the lawful ownership of which is unknown. In the case at bar, the lawful ownership is known
for the fact that the jewelries were stolen by Joses father from XYZ Pawnshop.
b. Is Jose entitled to the jewelries? Why?
NO. Jose cannot be considered as a finder. Under ART. 438 CC, the following are the requisites in order that
the rule regarding discovery of hidden treasure by a stranger on property belonging to another be applied:
A. the treasure must consist of money, jewelry or other precious objects;
B. it must be hidden and unknown;
C. lawful ownership does not appear;
D. the discovery must be by chance; and
E. the discoverer must be a stranger and not trespasser.
In the case at bar, the above-mentioned requisites are not present. First, such thing is not considered as a
treasure because lawful ownership is known. Second, the discovery was not by chance due to the fact that
Joses father knows the fact that the jewelries were buried in the land of Berto.
c.

Assuming that the property was bought by Jose from Berto, does he have the right to claim of ownership
over the jewelries?
NO, Jose does not have the right to claim ownership for the reason that it is not a hidden treasure.
Therefore, ART. 438 CC which provides that the hidden treasure belongs to the owner of the land,
building, or other property on which it is found does not apply. Instead, ART. 719 CC must be applied on
which it substantially provides that whoever finds a movable, which is not treasured, must return it to its
precious possessor. If the latter is unknown, the finder shall immediately deposit it with the mayor of the
city or municipality where the finding has taken place.

13. Jose allowed to use his property in Bulacan for 10 years. After the lapse of the period agreed upon, Maria seeks
reimbursement from Jose the expenses she incurred for the improvements she made on the property while Jose
demands the value of the fruits Maria gathered from the land during her occupancy.
a. Is Maria entitled to reimbursement? Why?
IT DEPENDS. Regarding expenses for ordinary repairs, as provided in ART 592 CC, the usufructuary is
obliged to make the ordinary repairs needed by the thing given in usufruct. On the other hand, ART. 593 CC,
extraordinary repairs shall be at the expense of the owner. The usufructuary is obliged to notify the owner
when the need for such repair is urgent. Therefore, Maria is entitled to reimbursement only to expenses for
extraordinary repairs.

QUERY: WHAT IF HINDI NA-NOTIFY NI MARIA UNG OWNER PERO NI-REPAIR PA DIN NYA, ENTITLED
PA BA SYA SA REIMBURSEMENT?
b. Does Maria have the obligation to pay Jose the value of the fruits she received during her occupancy?
Why?
NO. As provided under ART. 536 CC, the usufructuary shall be entitled to all natural, industrial and civil
fruits of the property in usufruct.
14. person authorized to solemnized marriage is
a. military commander
b. justice of the CTA
c. airplane chief
d. vice-consul
Answer: B. Justice of the CTA, because the three other options pertains to persons who can solemnize marriage
in articulo mortis or marriage under exceptional character
Basis:
Art. 7. Marriage may be solemnized by:
(1) Any incumbent member of the judiciary within the court's jurisdiction;
(2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious
sect and registered with the civil registrar general, acting within the limits of the written authority granted by
his church or religious sect and provided that at least one of the contracting parties belongs to the
solemnizing officer's church or religious sect;
(3) Any ship captain or airplane chief only in the case mentioned in Article 31;
(4) Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military
operation, likewise only in the cases mentioned in Article 32;
(5) Any consul-general, consul or vice-consul in the case provided in Article 10. (56a)
15. five years is the prescriptive period in an:
a. action to impugn legitimacy
b. action to impugn legitimation
c. annulment of marriage
d. action to claim legitimacy
answer: C or D
Basis:
Art. 47. The action for annulment of marriage must be filed by the following persons and within the periods
indicated herein:
(1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his or her
consent, within five years after attaining the age of twenty-one, or by the parent or guardian or person having legal
charge of the minor, at any time before such party has reached the age of twenty-one;
(2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no knowledge of the other's
insanity; or by any relative or guardian or person having legal charge of the insane, at any time before the death
of either party, or by the insane spouse during a lucid interval or after regaining sanity;
(3) For causes mentioned in number 3 of Article 45, by the injured party, within five years after the discovery of the
fraud;
(4) For causes mentioned in number 4 of Article 45, by the injured party, within five years from the time the force,
intimidation or undue influence disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five years after the marriage.
(87a)
Art. 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall be
transmitted to the heirs should the child die during minority or in a state of insanity. In these cases, the heirs shall
have a period of five years within which to institute the action.

16. an incident of ownership is

a. jus possessionis
b. juridical title
c. jus possidendi
d. constitutum possessorium
answer: C. jus possidendi means the right to possession is a mere incident of ownership
17. ground for revocation of donation
a. non-fulfillment of resolutory condition
b. appearance of a child
c. inofficous donation
d. failure to reserve property
answer: A. non fulfillment of resolutory condition. The other three pertains to reduction of donation.
Basis:
Art 764. the donation shall be revoked at the instance of the donor, when the donee fails to comply with any of the
conditions which the former imposed upon the latter.
18. an example of an accession discreta
a. civil fruits
b. building
c. avulsion
d. commixtion
answer: A. civil fruits
accession disceta- by internal forces
kinds of fruits
1. natural fruits-spontaneous products of soil and young of animals
2. industrial fruits- produced by lands of any kind through cultivation or labor
3. civil fruits- rents of buildings, rents of lands, amount of perpetual or life annuities
19. fertilizer is:
a. immovable property
b. movable property
c. consumable property
d. res nullius
answer: A. immovable
basis:
Art. 415. The following are immovable property:
(7) Fertilizer actually used on a piece of land;
20. easement of aqueduct is:
a. continuous easement
b. continuous and non-apparent
c. discontinuous
d. continuous and apparent
answer: D. continuous and apparent
basis:
Art. 615. Easements may be continuous or discontinuous, apparent or nonapparent.
Continuous easements are those the use of which is or may be incessant, without the intervention of any act of
man.
Discontinuous easements are those which are used at intervals and depend upon the acts of man.
Apparent easements are those which are made known and are continually kept in view by external signs that
reveal the use and enjoyment of the same.
Nonapparent easements are those which show no external indication of their existence. (532)
Art. 642. Any person who may wish to use upon his own estate any water of which he can dispose shall have the
right to make it flow through the intervening estates, with the obligation to indemnify their owners, as well as the
owners of the lower estates upon which the waters may filter or descend. (557)

21. action to recover possession of real property

a. accion publiciana
b. quieting of title
c. accion pauliana
d. replevin
answer: accion publiciana
THREE KINDS OF ACTION FOR RECOVERY OF POSSESSION
ACCION INTERDICTAL
ACCION PUBLICIANA
summary action for the
a plenary action for the
recovery of physical
recovery of the real right of
possession where the
possession when the
dispossession has not lasted
dispossession has lasted for
for more than one year.
more than one year.
ejectment proceeding under
Rule 70; either forcible entry or
unlawful detainer

ACCION REINVIDICA-TORIA
an action for the recovery of
ownership, w/c necessarily
includes the recovery of
possession.

22. compulsory heir

a. father
b. grandfather
c. adopted child
d. brother
answer: C. adopted child
basis:
Art. 887. The following are compulsory heirs:
(1) Legitimate children and descendants, with respect to their legitimate parents and ascendants;
(2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and
descendants;
(3) The widow or widower;
(4) Acknowledged natural children, and natural children by legal fiction;
(5) Other illegitimate children referred to in Article 287.
Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by those in Nos. 1 and 2; neither do they
exclude one another.
In all cases of illegitimate children, their filiation must be duly proved.
The father or mother of illegitimate children of the three classes mentioned, shall inherit from them in the manner
and to the extent established by this Code.
Effects of adoption:
1.
All legal ties between the biological parents and the adoptee shall be severed and the same shall be
vested in the adopters;
Except: biological parent is the spouse of the adopter
2.
The adoptee shall be considered as a legitimate child of the adopter for all intents and purposes;
3.
In legal and intestate succession, the adoptee and adopters shall have reciprocal rights of succession
without distinction from legitimate filiation. However, if a will was left, the rules on testamentary succession shall
be followed.
23. family home is not exempted from attachment if obligation refers to:
a. non payment of taxes
b. debt incurred prior to constitution
c. debt secured by mortgage
d. salaries of construction workers
answer: B, debt incurred prior to constitution. The other options has limitations while debt incurred prior to
constitution is absolute.
Basis:
Art. 155. The family home shall be exempt from execution, forced sale or attachment except:
(1) For nonpayment of taxes; (payment of real property tax)
(2) For debts incurred prior to the constitution of the family home;

(3) For debts secured by mortgages on the premises before or after such constitution; and
(4) For debts due to laborers, mechanics, architects, builders, materialmen and others who have rendered service
or furnished material for the construction of the building. (construction of family home)
24. Jose the owner of a 120sq.m lot allowed his usufructuary Melchor to construct a house on his lot. It appears that
the construction materials used by Melchor were owned by David(like cement, gravel and sand). Discuss the
rights and or obligations of Jose, Melchor and David.
Landowner in good faith while B/P/S and owner of material in bad faith, landowner has the OPTIONS:
a) to acquire improvement without indemnity PLUS collect damages;
b) demolish or restore and collect damages;
c) sell to B/P or rent to S and collect damages and pay necessary expenses. (Arts. 449, 450, 451) B/P/S can
recover necessary expenses but loses improvement without right to indemnity from LO unless LO sells land. (Art.
452)
Owner of material can recover value from B/P/S and if latter acquires improvement, may remove materials without injury.
(Art. 447)
Owner of material has no action against LO, maybe liable to LO for damages.
25. Tomas and Martha lived together as husband and wife without the benefit of marriage for five years. During their
living together, Tomas bought a house and lot. After their separation, Martha claims that she is entitled to half of
the value of the house and lot of Tomas common-law spouse. Is the claim of Martha tenable? Why?
The contention of Martha will depend on whether there is impediment or none at the time of living in together as
husband and wife.

Applicability

Property
Exclusively
Party

Acquired
by Either

ARTICLE 147

ARTICLE 148

1. There is no legal impediment

to marry

1. there is legal impediment to

marry
2. adulterous relationships
3. bigamous or polygamous
marriages
4. incestuous void marriages
under Art. 37
5. void marriages by reason of
public policy under Art. 38

belongs to such party provided

there is proof that he/she
acquired it by exclusive funds

belongs to such party

26. Nestor donated a 29 television set to CBA Foundation for the benefit of the children. Is the donation valid?
Depends on whether or not Nestor has capacity to act as donor.
Formal Requirement
Movable property:
1.a) Less than P5,000.00 oral, simultaneous delivery.
1.b) P5,000 or more donation and acceptance in writing, otherwise

donation is void. (Art. 748)

27. Ben who is separated from his wife Tanya, left his five year old child Bibit to his mother Josefa to work in Saudi
Arabia. When Tanya learned about it, she went to her mother-in-law to get the custody of Bibit . Josefa refused to give
the custody of the child because according to her, the biological father of the child Ben, entrusted the care and custody to
her.
a) what is the proper legal remedy available to Tanya? Why?
Habeas corpus is the proper remedy to regain custody of minor child. Tijing vs. CA

As provided, the father and the mother shall jointly exercise parental authority over the persons of their common
children. Having such right, then Tanya has the right to file habeas corpus, which is a remedy provided for one who is
deprived of the rightful custody of the child. NB: in case of legal separation
Art. 63. (3)
The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of this
Code
b) does Josefa exercise special parental authority over Bibit? Why?
Josefa can exercise special parental authority over Bibit.
Special parental authority is exercised concurrently with the parental authority of the parents and rest on the
theory that while the child is in the custody of the person exercising special parental authority, the parents temporarily
relinquish parental authority over the child to the latter

28. Miguelito received from his mother a condo unit after he passed the bar exam in 1990. In 1992 his mother died. In
1996, Miguelito sold to his step father Juan the same condo unit. In 2000, Juan died in a car accident and was
survived by his step children Miguelito and Carla, as well as his illegitimate child Nante. Who has the right over
the condo unit? Why?
@
Nante, the illegitimate child, has the right over the condo unit.
As a rule when a person died without a will, a void will or a will that has lost its validity legal succession shall take
place. Under legal succession property of the deceased shall be transferred to his relatives nearest in degree.
In the case at bar Nante is the only surviving relative of the deceased. Miguelito and Carla are not considered as
intestate heir of Juan since there are only his step children.
29. Martha, bought a real property surrounded by the property of Pedro on the north, by the property of Magda on the
south, the property of Carlos on the east, and the property of Antonio on the west. Martha has no way to the main
road. Against whom can she demand the easement of right of way?
@
The answer would depend on whom among Pedro, Magda, Carlos and Antonio is the owner of the property which is
nearest to the public high way.
As provided under Art. 650 of the Civil Code, the easement of right of way shall be established at the point least
prejudicial to the servient estate, and, insofar as consistent with this rule, where the distance of the dominant estate to
a public highway may be the shortest.
30. Buddy and Nadia got married without the blessings of their parents. At that time, Buddy was 24 years old while
Nadia was 20 years old. Is the marriage valid? Why?
@
The marriage is valid until annulled.
Under Art. 45 of the Family Code, paragraph 1: The marriage may be annulled for any of the following causes existing
at the time of the marriage:
1. That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but
below twenty-one, and the marriage is solemnized without the consent of the parents, guardian, or person having
substitute parental authority over the party in that order, unless after attaining the age of twenty-one, such party freely
cohabitated with the other and both lived together as husband and wife.
31. Caridad a Spanish national working as an accountant of Nesbig Corporation in the Philippines, would like to
execute her last will and testament. What law should govern the will? Why?
@
With regard to the intrinsic validity of the will the national law of the person whose succession is under
consideration shall govern.
As provided under Art. 16, par.2 of the Civil Code:
XXX However, intestate and testamentary successions, both with respect to the order of succession and to the
amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national
law of the person whose succession is under consideration, whatever may be the nature of the property and
regardless of the country wherein said property may be found.
On the other hand, with regard to the extrinsic validity or form, the law of the country where the will is executed
shall govern.
Art. 17 1st paragraph, of the Civil Code provides that:
Art. 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws
of the country in which they are executed.

32. Willy is the child of Brenda from her live-in partner Amado who left Brenda before Willys birth. When Brenda
learned that Amado does not like to recognize Willy as his own child, she filed a petition for compulsory
recognition? If you are the judge, how will you judge the petition? Why?
@ The petition should be dismissed.
Article 173 of the Family Code provides that:
Art. 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall be
transmitted to the heirs should the child die during minority or in a state of insanity. In these cases, the heirs shall
have a period of five years within which to institute the action.
In the case at bar, the child should be the one to file the petition for compulsory recognition and not his mother.
The mother shall only have the right to file a petition for compulsory recognition if the child died during minority or n a
state of insanity.
33.
a.
b.
c.
d.

Tricia, a nursery student, is under the authority of:

parents
teacher
grandparents
all of the above

@ a. parents
Art. 211 of the Family code provide that: The father and the mother shall jointly exercise parental authority over the
persons of their common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial
order to the contrary.
34.
a.
b.
c.
d.

Right that cannot be validly waived:

right of an employee to file a case against the employer
right to inheritance
right to support
all of the above

@ c. right to support
As a general rule, rights may be waived except if 1. The waiver is contrary to law, public order, public policy morals or
good custom 2. It is prejudicial to a third person.
It is a settled jurisprudential rule that the right to support cannot be waived by the mother of the child because such
waiver is contrary to law and against public policy.
35.
a.
b.
c.
d.

Five years is the prescriptive period in:

action to impugn the legitimation
action for compulsory recognition
annulment of marriage
all of the above

@ c. annulment of marriage
Art. 47 of the family code provide that: The action for annulment of marriage must be filed by the following persons
and within the periods indicated herein:
(1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his or her
consent, within five years after attaining the age of twenty-one, or by the parent or guardian or person having
legal charge of the minor, at any time before such party has reached the age of twenty-one;
(2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no knowledge of the other's
insanity; or by any relative or guardian or person having legal charge of the insane, at any time before the death
of either party, or by the insane spouse during a lucid interval or after regaining sanity;
(3) For causes mentioned in number 3 of Article 45, by the injured party, within five years after the discovery of
the fraud;
(4) For causes mentioned in number 4 of Article 45, by the injured party, within five years from the time the
force, intimidation or undue influence disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five years after the
marriage.
36. Absence of two witness in celebration of marriage will make the marriage:
a. valid
b. void ab initio

c. voidable
d. unenforceable
@ a. valid
Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as
stated in Article 35 (a).
A defect in any of the essential requisites shall render the marriage voidable as provided in Article 45.
An irregularity in the formal requisites shall not affect the validity of the marriage but the party or parties responsible
for the irregularity shall be civilly, criminally administratively liable.
In the case at bar absence of two witnesses is a mere irregularity in the formal requisites hence it will not affect the
validity of marriage but the party responsible would be held criminally, civilly, administratively liable.
37.
a.
b.
c.
d.

Absence of two witness in the execution of a will shall make the will:
valid
void ab initio
voidable
unenforceable

@ b. void ab initio
If it is a NOTARIAL WILL, the will shall be void because art. 805 of the civil code requires that there must be atleast
three (3) or more witnesses.
Art. 805. Every will, other than a holographic will, must be subscribed at the end thereof by the testator himself or by
the testator's name written by some other person in his presence, and by his express direction, and attested and
subscribed by three or more credible witnesses in the presence of the testator and of one another.
The testator or the person requested by him to write his name and the instrumental witnesses of the will shall also
sign, as aforesaid, each and every page thereof, except the last, on the left margin, and all the pages shall be numbered
correlatively in letters placed on the upper part of each page.
The attestation shall state the number of pages used upon which the will is written, and the fact that the testator
signed the will and every page thereof, or caused some other person to write his name, under his express direction, in the
presence of the instrumental witnesses, and that the latter witnessed and signed the will and all the pages thereof in the
presence of the testator and of one another.
If the attestation clause is in a language not known to the witnesses, it shall be interpreted to them.
38.
a.
b.
c.
d.

Ground for legal separation:

lesbianism
physical violence
sexually transmissible disease
drug addiction

@ a. lesbianism or d. drug addiction

Art. 55. A petition for legal separation may be filed on any of the following grounds:
(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a
child of the petitioner;
(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to
engage in prostitution, or connivance in such corruption or inducement;
(4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;
(5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the petitioner; or
(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.
By express provision of the law lesbianism and drug addiction are grounds for legal separation.
39.
a.
b.
c.
d.

An illegal, immoral condition imposed in a will is called:

disposicion captoria
caucion mociana
sabinian doctrine
resolutory condition

@ c. sabinian doctrine
Under this doctrine, illegal, immoral and impossible conditions are considered not imposed. Thus, effect is pure
institution.
40.
a.
b.
c.
d.

Person entitled to recover necessary and useful expenses

bailee
lessee
possessor in good faith
all of the above

@ c. possessor in good faith

Well settled is the rule that a possessor in good faith has a right of retention over the property in case the owner fails
or refuses to pay the necessary and useful expenses incurred by the said possessor.
41.
a.
b.
c.
d.

Enjoys the right of usufructuary:

bailee
reservista
fiduciary
lessee

@ c. fiduciary
It is a settled rule that the first heir or the fiduciary in a fideicommissary substitution enjoys the only the right of a
usufructuary, since he is under obligation to preserve and transfer the said property to the second heir.
42.
a.
b.
c.
d.

Preteretion can be applicable to:

surviving spouse
legitimate children
illegitimate children
surviving decendants

@ b. legitimate children
Art. 854 of the Civil Code provide that:
The preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of
the execution of the will or born after the death of the testator, shall annul the institution of heir; but the devises and
legacies shall be valid insofar as they are not inofficious.
If the omitted compulsory heirs should die before the testator, the institution shall be effectual, without prejudice to the
right of representation.

CIVIL LAW REVIEW 1

(Final Exam)
SY 2004 2005
I. Choose the BEST ANSWER and EXPLAIN WHY. (10% each)
1. The family home can be attached for:
A. Payment of capital gains tax
B. Payment of salaries of employees
C. Payment of obligations incurred before the constitution of family home
D. All of the above
ANSWER:
C
Art. 155 of the Family Code provides that the family home shall be exempt from execution, forced sale or attachment
except:
(1) For nonpayment of taxes;
(2) For debts incurred prior to the constitution of the family home;
(3) For debts secured by mortgages on the premises before or after such constitution; and

(4) For debts due to laborers, mechanics, architects, builders, material men and others who have rendered service or
furnished material for the construction of the building.

Please check: Answer may be A or C but I think it is C because the creditor already acquired a vested right. In my opinion
it is not A, because taxes under Art. 155 refer to real estate taxes (ito yung amilyar ng bahay). Although capital gains tax
may be construed as a tax on real estate, it is not the amilyar ng bahay because capital gains tax is a tax imposed by
the government on sale of real property. Of course it is not B because the law refers to debts due to laborers, mechanics
xxx who have rendered service of furnished material for the construction of the building.
- Faye
2. Donation is void if:
A. Resolutory condition imposed in the donation did not take place
B. Suspensive condition imposed in the donation did not take place
C. Donee is unfaithful to her husband
D, Donee is the personal doctor of the donor
ANSWER
D
See Art. 1027 (5) disqualified donee personal doctor of the donor.
3. Filiation of a child can be proved by:
A. Blood test
B. School records
C. Use of surname of biological father
D. Support
ANSWER:
C
Article 172 of the Family Code states that in the absence of the primary proof of filiation, the legitimate filiation shall be
proved by:
(1) The open and continuous possession of the status of a legitimate child; or
(2) Any other means allowed by the Rules of Court and special laws.

Using the surname of the biological father is an example of Art. 172 (1). This is true especially to
those children born before the effectivity of the Family Code and under the Civil Code there is no
prohibition against the use of the surname of the biological father. The answer is not A because in the
case of Hao vs. CA, the SC held that- blood test grouping is conclusive as to non-paternity but it is not
a proof of filiation because it does not follow that if you are blood type A, your child is also blood type
A. The answer is not B or D because although these are considered as an example of Art. 172 (1) such
pieces of evidence are not that credible enough to prove filiation. So we have to choose the best
answer.

4. The will is
void if:
A.
Testator has
senile
dementia
B.
Attestation
clause
was

written in a language not known to the testator and witnesses

C. First page of the will was not numbered
D. Witnesses signed on the left margin of the attestation clause but not at the bottom thereof.
ANSWER:
A
Art. 797 provides for the minimum requirements for persons in making a will:
1. Must be 18 years old
2. Must be of sound mind
3. Must not be expressly prohibited by law

Senile dementia produces testamentary incapacity. It is defined as the peculiar decay of the mental faculties whereby the
person afflicted is reduced to a second childhood. A person suffering from senile dementia is of unsound mind.

The answer is not B because the attestation clause is the act of the witnesses and not the act of the
testator. Even if the attestation clause was written in a language not known to the witnesses, as long
as the requirements under Article 805 par. 3 are complied with, the will is still valid. The answer is
not C because the authenticity of the 1st page is easy to determine. It can be easily ascertained from
the face of the will itself that indeed it is the first page. From the face of the will, it is readily
ascertainable that the page which contains the header Last Will and Testament is the first page.
The answer is not D because although the will cannot be allowed if the witnesses did not sign at the
end of the attestation clause, it cannot render the whole will void.

5. Possession of a vessel can be recovered by:

A. Accion Publiciana
B. Accion Reinvindicatoria
C. Replevin
D. Quieting of Title
ANSWER:

6. The widow / widower who survived with one legitimate child and 1 adopted child, 2 illegitimate children and the
legitimate parents of his deceased spouse shall be entitled to:
A. of the hereditary estate
B. 1/3 of the hereditary estate
C. of the hereditary estate
D. None of the above
ANSWER:
D
The surviving spouse has the same share as 1 legitimate child (to be taken from the free portion). The Family Code and
Civil Code provide that an adopted child has the same rights as that of a legitimate child. Hence, there are 2 legitimate
children in this case and they get of the hereditary estate. Each of the illegitimate children gets of the share of 1
legitimate child. Legitimate parents inherit only in default of legitimate children. (Reference: Navarro notes and Justice Diy
book)
7. Builder, planter, sower in bad faith is entitled to:
A. Recovery of the expenses incurred in the production of fruits
B. Retain what has been built, planted or sown
C. Recovery of the necessary expenses
D. All of the above
ANSWER
C
Please see Art. 448-552
The owner of the land is always oblige to pay necessary expenses whether the builder, planter, sower is in good faith or in
bad faith. The right to retain can only be exercised if the owner elects the 2 nd option under Art. 448. Builder, planter or
sower cannot recover expenses incurred in the production of fruits.
8. Easement of aqueduct is:
A. A continuous and non-apparent easement
B. A continuous and apparent easement
C. A discontinuous and non-apparent easement
D. A discontinuous and apparent easement
ANSWER
B
It is continuous because the use of which may be incessant without the intervention of any act of man (Art. 615). It is
apparent because it is made known and continually kept in view by external signs that reveal the use and enjoyment of
the same.
II. Mario and Josefa lived together as husband and wife without the benefit of marriage since 1990. In 1993, Josefa gave
birth to a child whom they christened Maria. In 1994, Mario and Josefa got married without a marriage license. In 1995,
Josefa gave birth to her second child whom they christened Jose. In 2000, Mario left his family and married Celia. In
2003, Mario died. Identify the compulsory heirs of Mario and indicate their shares in the hereditary estate,
ANSWER
The compulsory heirs of Mario are Josefa, Maria and Jose. The marriage of Mario and Josefa is still valid because there
was no judicial declaration of its nullity. Maria is an illegitimate child because she was born prior to the celebration of the
marriage of Mario and Josefa. Jose is a legitimate child. The following are their shares: Jose ; Maria - of the share
of Jose; Josefa same share as Jose to be taken from the free portion.
III. The deceased was survived by his biological parents, the legitimate parents of his adopting father, his first wife who
married a foreigner, his step brother, lived-in partner and their child. Identify the compulsory heirs and their shares.

ANSWER
The compulsory heir is the deceaseds child with his live-in partner. Such child is an illegitimate child. He is entitled to of
the hereditary estate. The biological parents is not a compulsory heir because once a child is adopted, all ties that bind
the biological parents and the adopted will be terminated. The legitimate parents of the deceaseds adopting father is not
a compulsory heir because adoption does not create any relationship between the adopted child and the legitimate
relatives of the adopter. A step brother is not a compulsory heir. The first wife (legally separated or annulled na kaya sila?)
is not a compulsory heir.