CIVIL

CIVIL
LAWLAW
Answers
Answers
to thetoBAR
the BAR
as Arranged
as Arranged
by Topics
by Topics
(Year(Year
1990-2006)
1990-2006)
No. Indonated
hand,
had
SUGGESTED simple
assuming ANSWER:or to purethat saiddonation,
thebaby sports only
before
car thecosts illegal
it was lessor than
born
property
irrevocable,
Code
not beenwhich to
fixed Ferdinand
requires
theinlatter the the Deed
is
who revocable.
donation
then
of Donation,sued andIn to the
the
the problem
acceptance
donee is
As judge,
impossible
then
that
P5,000.00 the
consideringthe baby I condition
willdied?
donation grant maybe
is the
Stated motion
considered
oral,
otherwise,but to
notstill,dismiss.
written
is the the the
yet
thereof
given,
not
recoverdefault
clauses
allto
thebe inor
landin
his
conditions
afrom
obligation
public the instrument
mentioned
cityuntil thein
government. period
inorder
the deed isto
Armando
but the donation
simultaneous
donation has no
valid delivery
and personality
remains
binding?of thevalid to
carbring
Explain. isand the
needed
(5%) action
becomes and of
fixed
be
Willdonation,
valid.
by suit
the order
Theprosper?
except
acceptance
of theone, court are
not
underconsistent
being Article
in a withpublic
1197the
for
there annulment
free from
SUGGESTED being ANSWER: of
conditions.
none, the the sale to
Thedonation Conrado.
condition was Only
or nevermode an rule
of
instrument,
the ofNew
SUGGESTED irrevocability
Civil
the part
ANSWER: Code. and
which
Since wouldisthe not have
period
onerous sustained
hasisnot
The donation
aggrieved party is valid
to the
being a mere accessory disposition. Its nullity
perfected. and binding,
contract may being bring an act
the Ferdinand
the
been
voidview and
fixed thathas
Rosaas the yet,nodonation
may right
therecover to recover
donee isitisinter
fromnotvivosthe
yet land.
Amanda. and It is
default,
favorable
SUGGESTED
action
does not to
ANSWER:
for affect the the
annulment unborn thereof
donation child, (Art.but1397.
unless only if the
NCC).
it clearly true
therefore
and that
therefore the
valid. donation
the The donor
lone has was
exception revocable
no cause is the because
of action
clause
2.
baby Yes, had the ananswerintra-uterine is andthe successor-in-interest
same.
life of If Jose's
not lessmade mail
than of breach of the conditions. But until and
While
appears Armando that the is heirdonor would not have Donations;
which
to revoke reservesthe Unregistered;
donation.
the donor's Effects;
right
(Dissenting to sell opiniontheunless
Non- of
containing
seven months his acceptance
and1311, provided of thethere donation was due was the donation was revoked, itUniversity
remained
of
thehis mother
donation (Art.
without the NCC), or
mode hecondition.
[standing in
On Compliance;
Davide,
property CJ, anyResolutory
at Central time beforeCondition
Philippine his death. Suchv. valid.
(2006) a
received
acceptance by ofPedro the after
donation the former's
by the death,
proper Hence, ofSpouses Michael and Linda had
place
the other of hishand, mother) onerous has no personality
donation to annul
is governed Spouses
Court
reservation Alfredo
Appeals,
has been and246RacquelSCRA
held to511 were
render [1995]) the no right
active
thencontract.
person the donation
representing issaid still
notchild. void Ifbecause under
the
by the rules Both
on are
contracts. Under the
aggrieved Article child
parties had
1183, on to sell
donation the
membersrevocable land
of a religious to Ferdinand.
and,congregation. One
therefore, becomes cannot
They give a
Article
less
account than 734 seven
of their of the monthsCivil
own conditions Code,
of
violation ofshall the
intra-uterine donation
the annul life,
condition is
it what he
donated amortis does not
parcelcausa have.
of land What
in favor the of that should
donors
Impossible or illegal the donation (Puig vs. Penqflorida, 15
perfected
is
of, not deemed
or restriction the moment
born since
on, their uponthe itdonor
died
ownership knows
less than of the
24 have
congregation doneat first in 286). wasThat
a duly to the
notarized have Deedthe ofdonation
obligation which depends them. imposed In these SCRA 276, p. right was not
acceptance
Donations;
hours thefollowing by the
Formalities;
its donee.
delivery, theMortis The
in which death ease ofheirsJose
the annulled
Donation,or revoked. And after thatthatwas
by
cases, donation.
both the Only
obligation donor
and the or condition
his exercised subject
is immaterial; to the condition
its reservation wasdone,
the an
before
ALTERNATIVE
Causa
B donated
donation
would Pedro
(1990)
have
ANSWER:
to
neverthe Mcould a
became
personality receive
parcel of
effective
to the
land
bring acceptance
in 1980.
since
an action the B ALTERNATIVE
they
Minister could shall
ANSWER:
validly
construct have disposed
thereon a of
place the of land in
are void.
Even ifthe the baby had an intra-uterine life of implied
A. Untilrecognition the contract of the ofdonor's
donation power has to been
indicates
made
donee never that
deed of the
became donation, donation
a entitled
person, was “Donation
birth never
being favor
worship of Ferdinand.
within 1 year from the acceptance
to
morerevoke
Inter than
perfected.
a donation
seven months for violation
and the of a
donation condition was nullify
resolved the ordonation
rescinded anytime
under he wished
Article 1191 to doofoftheso.
thereof
Donations;
properly
Vivos,”
determinative aUnder
oraccepted, of
restriction aArticle
in personality.
public
it
746
thereon.
Requisites;
would
acceptance
instrument
be (Garrido
void
and
for u.mustCA,
not
M the donation.
Consequently,
Civil Code or In an
it should
revoked affidavit haveArt.
under he beenexecuted
764 embodied
of theon in
Civil
be
236 made
acceptedSCRA during
the
450). the lifetime
donation
Consequently, in theof samebothdocument.
while the donor
the donor Donations;
behalf of the Inter
congregation, Vivos; the Minister
Immovable
Anastacia
having conformed Property
purchased a the house andform. lot In on a last will and testament. The suit for nullity will
and
It his
or wastheheirs donee.
provided were inwith
not the
parties deed proper
toand that
theacceptancethe they
sale, land Code,
Acceptance
On January
accepted
thus
the
prosper. the
donation
21, (1993)
1986, A The
donation.
stands executed effective
Deed aofdeed and
Donation of valid.
installments
order to be at athe
valid, housing
donation project in Quezon Accordingly,
donation
However, inter
instead thevivos
of sale of a
constructingmadeparcel aby of
place the
land of donor
to Dr. Bto
worship,
donated
have the shall
right be to immediately
annul delivered of to M was not registered with the Registry ofconveyed
Deeds.
City.
of personal Subsequently, property she the
exceeding was contractemployed
five thousand sale in Ferdinand
whoMinister
the had earlier cannot
constructed be
constructed said
a bungalow to
thereon have
on the a building
property
and
because that M
their shall have the right to enjoy the
California
pesos
ALTERNATIVE should and bearights
ANSWER: year
in are prejudiced
later,
writing. she
(Article executed 748, by par. one
a deed 3)of title
he used
in which to as Ferdinand,
his residence.
researches who, thereby,
on Disappointed
the dreaded has
with no
diseasethecause
fruits
the
Donations;
As fully. I The
contracting deed
grantalso
parties
with thereof
Resolutoryprovided [DBPto thatv.by B was
CA, 96
of judge,
donation, will duly the motion
authenticated dismiss. the of
AIDS were being conducted. The deed, for and
action
Minister, for
the recovery
spouses revokedof the the land acting
donation and
reserving
SCRA
Condition
In 1950,
Compliance 342; Dr. the Teves
(2003)
Alba
with right vs.
donated
a to dispose
PHHC.
condition a 23
parcel of
imposedSCRA said
of land byland
114]. toa B. Thebehalf.
donation is onerous, And being onerous,
Philippine Consulate in Los Angeles, California, in his
demanded
acknowledged that he beforevacate a the
notary premises public, immediately.
was
during
Since
Central
donor his
Armando (B’s)islifetime,
University
gives neither
on an and
thelot
condition that
donor to M
that nor shall
the heir
latternot
of what applies is the law on contracts, andaside not
donating therise house to and action revoke
her friendthe But
handedthe Minister
over byrefused A to Dr. to leave,
B whoclaiming received that
it. A
register
the
mustdonor,
donation establishthe
underhedeed has
a latter of 764,
no
medical
Art. donation NCC. until
personality
college on tothe
However, after
bring landthe B’s
to
the the law on donation (De Luna us. Abrigo, 81
Amanda. The brought the deed of from
few days using after,the bungalow A flew to asDavao
his residence, City. he is also
death.
action
be
rightnamed ofUpon
for after
action B’shim.
annulment. death, In the W, year B’s widow 2000, andheirs
the sole SCRA 150). Accordingly, the prescriptive
donation to the belongs owner ofto the theproject donor. and Is using it as a place
Unfortunately, the forairplane
worship on hespecial
was riding occasions.
heir,
of Dr. filed
AlbaANSWER:
transmissible an action
filed toan action forheirs,
hisAnastacia the
to annul recovery
and the donation
may of the be periodthe forcircumstances,
the filing of such an action would be
discovered
SUGGESTED that left unpaid Under
crashed on landing killing canhim. Alfredo Twoand daysRacquel after
donated
and
Yes,
exercised for action
the land,
the against contending
reconveyance
willreal prosper.
the estate donee's thatoftaxes.
The the
the
donation
heirs. donation
property is a
Since the ordinary prescriptive period for contacts
installments
made
donation
donated
Armando
paid these
by B
to is
mortis
issothema
an
and
donation
that causa
for
heir thethe
mortis
because
failure,
ofdonation
the causa
donee,the
after
in her
and
Amanda
reservation
50
not favor ofnot
years, the
can
a DONATION
evict
which
the
a
the
property?
lawyer, executed
Minister
may either If you
and
the unfortunate accident. Dr. B, upon advice
be were
recover
six orthe
a deed acknowledged
possession
tencouple's
depending
of of
upon
counsel,
donation inter vivos. Will said action prosper? Donation
whether vs.
it ANSWER:
isyou verbal
of
is the
to
donor, University
dispose
he has of noto
all established
the
be registered in the project owner's office. Twolegal property
capacity on the
donated
to property
sue and, for SUGGESTED
what
before action
a notary takeorto
public
written.
protectThe
accepting the
the
filing
interest
donation.
of the of
Explain
therefore,
a medical
revocation your ofanswer.
school
the the donation
named
donation. after
is died,
revocable
theirleaving
Although father.
heatiswill. The
not Alternative
Sale
No,
a)
case the
May (2003)
fivea Answer:
donation
person
years is
sell
later not is effective.
somethingwithin the The
that law
does
prescriptive not belong
months later, Anastacia her ALTERNATIVE
your
The
Is the clients?
law
donation on
ANSWER:
(5%)
donation
effective? lays
Explain down your a of special
answer.
University
Accordingly,
seeking such opposed the
revocation
mother Rosa as her sole heir. Rosa filed an the action
donation but on
an the
requires ground
annulment theof
of him?
requires
to
Yes,
period Explain.
Alfredo
and,that and b)
the
therefore, May
separate
Racquel atheperson
can acceptance
bring
action donate
an can actionprosper,the
for
prescriptive
something
donee
ejectment of an that
against period does
immovable in the
notmust
the Minister belong case
forbe of
done inofa
recovery breach of
execution
prescription
the sale of
which and a valid
also
his
action to annul the donation on the ground that because
will,
mother, eitherit
the had notarial
donee, not usedhador
condition,
to him?
possession
public document which
ofExplain.
the property is
during5% the four years
evictlifetime
the Minister from
of the and non-
the property
holographic
executed
Amanda did in (Artsfor give
violation
not some
755,her ofpurpose
728 the NCC).
consent other
condition in the than
imposed
deed that of
SUGGESTED
Donations; ANSWER:
Formalities; Mortis compliance
recover
SUGGESTED
donor (Art. possession thereof
ANSWER:
746 & of 749,the (Article
property.
Civil Code)764 AnIn Civilthis Code).
action for
case,
stated
by
Rosa
The the
donation is
donationin the
donor,or
correct donation.
in
may an
a be action
separate
because Should
revoked. thefor the
public
donation
The opposition
annulment instrument.
non-established is of
void. ofa
Causa
Ernesto (1998)
donated inthea public instrument a parcel Since
(a) Yes,
annulment
B the
executed the a action
person
of the has
may
donation,
deed of prescribed,
sell something
reconveyance
acceptance thebefore awill
suit
which
and
the
Amanda
The
of theUniversity
contractproperty
medical may replied be tobrought
donated
college that on action
was
theonly
the anof
donatedby Dr.
donationthoseAlba’s
immovable.
property who
was heirsare
an
For
was Donations; Effect; illegal & immoral
of land to Demetrio, who accepted it in the not
does
damages
notary prosper,
not belong
should
public betofiled
after him.
the toFor protectthe sale
the to be died.
interests of
be
such
a sustained?
principally
onerous donation
resolutory one or Explain.
subsidiarily
because
to Itbeis
condition she
valid,
imposed obliged
had
Article to
on the 749 thereby
pay
donation unpaid(Art.
of the theby conditions
Are
valid,
Donations; the
the The law (1997)
effectsdoes not ofisdonor illegal
require
had
theand
already
sellerimmoraltoand be
same
1397,
installments document.
NCC). As antaxes;
andrequires exceptionthere
hence declared
to the
her rule, that
acceptance it andhas my client. donation an onerous donation
New
the Civil
donor. Code
Although the Deed both the
of Donation donation did not fix conditions
the
On owner
Perfection
July
therefore 27, of
shall on
1997, besimple
the
(1998) Pedrodonations
property
governed atthe
mailed
by thein time
rules theon
Manila same
of the
a as
donation
been held shall take effect immediately, with
maytime
the
the be
acceptancefor that
implied. ato person
Who
the established be is in of
anot
correct? theso
public (2%) obliged
medicalinstrument. may
college, those
sale. effects
(Article 1434, that would
NCC).
letter to his brother, Jose, a resident of Ilollo
contracts. Because there was If nothefollowseller
fulfillment when
cannot
or such
the donee having
nevertheless ask thefor right to take possession
annulment if medical
he is
the
There failure being of the nodonee showing to establishthat the Amanda's conditions
transfer
City,
complianceoffering aretoimposed
ownership
with donate
the overaon
condition the donations
vintagethingis
which sold
sports con
atcar
resolutory causa
the in
of the land
prejudiced in and his receive
rights its fruits
regarding but
one not
of to
college
Such
acceptance after
detriment fifty
wasland (50)
or made years
prejudice from
in aErnesto the
cannot making
public instrument,be shownof the
the SUGGESTED
onerosa?
time of
ANSWER:
delivery because mayhe was not the owner
dispose of the
contracting parties (DBP while us. CA. 96 isSCRA alive342 as which
character,
No, they the latter
the
don't havedonationhad long
the been
now
same effect. bewanting
revoked toandbuy
Illegal or all
donation
by Armando.
the donation shouldisbe considered
Asvoid. a forcedThefollowing asheir,
contentionoccurrence Armando's
that of thethe (b) As
thereof, a general
he shall rule,
be a person
liable forin cannot donate
well
and as for
other cases) ten years
and can show the his death.
detriment
rights
(Central
from
impossible which
the the
Philippine
former. donee
conditions may
OnUniversity,
August have 5,breach
acquired
G.R. No.
1997, simple of
Jose contact.
under
112127,
calledit July
and
resolutory
interest
donation in condition,
is theonerousproperty and and,thewas, donationat
therefore, best,may a
need nowmere be
not something
ALTERNATIVE
17,1995).
shall beby deemed which
ANSWER: lost heand cannot dispose
extinguished offor athis
the
Moreover, Ernesto also reserved in contract
the same Pedro
remuneratory cellular phone
donations to thank
shall be him
considered
which
revoked.
expectancy.
comply
deed
would
his
WhileThe
with right
result
thesale
Article
to
to
general
sell749ofhim the
the for from
rule land the
is that
validity
property by in
hisis
should
case
mother
without the
he
in No,
time an
generosityofaction
the and for
donation ejectment
to inform (Article him
will
751, not
that New he
prosper.
wasCivil I as
which
period
did not
merit. he
is The had
not
impair no
fixed any
donation intervention,
in the agreement
vested (Teves
right. vs.
of because
the
The PHHC,
parties,
factit not
would
Code). imposed.
advice Alfredo and Racquel that the The
Hence the donation is valid.
decide
23
the SCRA
period to1141).
mustdispose be on fixedofisit not
firstatbyonerous
any the time
court - a right
before the
sending
donationby
Minister,
Donations; bywillmail be his
constructing
Condition;
letter of acceptance.
considered Capacity as simple
a structure whichorPedro
pure.
also
remains
did not
which he may that
impose
did not the premature
Amanda
exercise atthe sale
the
all.period made
obligation
After of hisfiftyby
death, histo never received that letter because it was never
obligation
mother
pay the (premature
balance be demanded,
on because
the purchase only half
price ofor (50)
the
the TheSue
serves
to
Sometime condition
as(1996)
ainplace or mode
1955, ofTomas
worship,is merely
donatedhas pursued an accessory
a parcel the of
Ernesto's heirs than seasonably brought mailed. On August 14, 1997,does Pedro received a
years
periodwasof
SUGGESTED
arrears inmore the property,
ANSWER:
real banenough
estate had taxes. time
elapsed) for an
Amanda thewas action
donee
took not
to
to
it disposition,
objective
land
1. to
Is therehis of and
the
stepdaughter
a perfected its
donation. nullity His
Irene, taking not
subject upaffect
to the the
recover the alleging that the telegram
donation, from
unless Iloilo it informing
clearly him
appears that Jose
that the
Yes,
comply the with suit the will prosper
condition. Hence,as the
in donation
this case, theredid residence
condition
2. Will your in
that the
answer she bungalow
may may
notsame sell, be regarded
transfer or mail as
voidable
upon
donation herself at
was all,
to
void none
pay thoseof
asformalities
it did theamounts
not to vices
comply of consent
voluntarily.
with the
donation?
had
donor been would
[2%]
killed in a be road the accident if the
Jose did
day
not
is noa
under
For comply
more Art. of
donation with
need
139 to the
for
of
beWill the
the
onerous, court
NCC the of fix
being a will.
burden the In
present.mustthis
period a casual
cede
his the
acceptance same not
breach forand
letter have
will
twenty but not made
years.
it waswarrant therevocation
Shortly
received donation
by
formalities
ALTERNATIVE
Donations; a
ANSWER: will. Conditions;the suit prosper? [5%] before
Donations
without (August
the conmode 13,
causaor1997) onerosa is governed by
instance,
because such theby fact
procedure that the on
with donor
thethe did
condition. not(Central
intend of the donation.
thereafter,
Pedro he
inobligations
Manila died. Incondition.
Similarily,
days 1965,
after therefore,
Jose'sbecause death? an
sheaction
Hence,
be imposed
Neither
ANOTHER
Revocation
Spouses
the
Rosa
SUGGESTED
Michael
motion
(1991)
the donor
norANSWER:
and
to
Amanda dismiss
Linda isdonated should
donee.
correct. In the
a The
be
3- law on and contracts, under[3%] which
to transfer
Philippine
granted.
problem,
The donation there ownership
University v.
is noonly
may
CA.
notsuch or
246 possession
SCRA
asburden yet
511).
imposed
revoked. of the
by
The for
neededrevocation
SUGGESTED moneyANSWER: offor the donation
medical will be denied
expenses, Irene (C.
donation
hectare is onerous
residential land as
to to
the the Cityportionof of
Baguio the an
1. impossible
None. There or
isConrado.Illicit
nov.perfected condition donation. annuls Under the
donated
the donor property on the oftoadonee.
the donee until theisdonor's sold
J. Yulo the & land
Sons, toInc. Roman The Catholic
following year,
Bishop,
establishment
property
on thewould corresponding
condition that
medical to The
the thecollegedonation
city value government ofnotnot the a obligation
2004).
Article 748 dependent
of the March Civil upon
Code, the the condition
donation where
ofthe a
death,
being
resolutory onerous, or result it
suspensivein a
must donation comply
condition mortis with causa
butthe a IreneNo.
G.R. died, leaving
133705, as her 31, sole 2005; heir a son by
Heirs
installments
would and taxes paid by Amanda. the
movable condition may is
be positive
made and or
orally suspensive.
in writing. IfIf the
and in build
formalities
“charge”, ofthereon
this obligation”,
kind Article a
of disposition,
749.public park
or a “mode”. the with formalitiesa boxing
The non- of ofRozendo Sevilla v.
name of Armando. When Armando learned that De Leon, G.R. No. 149570,
impossible
the ofor theillicit condition is negative, it is
arena,
a
Thewill should
portion in
compliance
the be
with
construction
excess complied
the chargethereof or with, of otherwise,
is notmode
which shall
onerous. will give the the value
March land
Donations; 12, which he
Validity;
personal
expected property
Effectivity;to inherit donated
for had been
simply
exceeds considered
five thousand as not
pesos, written,
the an donation and the
commenceiswithin
donation
The onerous
the donor the void.
portion right
sixIn (6)
is to this months
governed
revokeInstance, from the
bythe donation
thedonation
rules
date sold bythat
Unborn
Elated Irene
Child her to(1999)
Conrado,
sister who he
had filedbeen action and
married
the parties ratify the donation. The donee obligation
the acceptance is converted
shall into
be made in of a purewriting.and simple
mortis causa embodied only in a public against
for five the latter
years was for annulment
pregnant for the sale,
time,on
on contracts
within
ALTERNATIVE
accepted
four (4)
the
which
ANSWER: years
donation
do from not require
and
the time
the of
thethe charge
title toa the one.
Assuming However, that in order
the valuethat ofthe thean the illegal
thing
firstcondition
donated,
instrument
(10) ofyears
acceptance
was
One supposed
the essential from without
by the
the
to time
donee
have
distinctions the the
been
between formalities
to cause
be in anyinter
acomplied
donation ofwith,
action
form.vivos will
or the
Alma ground
donated that it violated
P100,000.00 to restriction
the unborn
property was transferred in its name. Five may
a vintage annul sportsa contract, car,Conrado
exceeds the impossibility
P5,000.00 then must
could
accrued.
and a donation
Theenforce
to onerous not Inasmuch
the have
mortis
part, causa
charge transferred
as the
is by time
that
therefore, while the ownership
to established
former
is valid.
specific is
The
performance of imposed
ADDITIONAL
child. by Tomas.
ANSWER:
Unfortunately, the baby filed
died a one
motion hour to
years elapsed buttohas the public park with the exist
the donation at the and time of
the acceptance the creation
mustdid of
benot in the
disputed
the medical
portionten
within property college another.
which is not onerous must comply with dismiss,
after on
delivery. the ground
May Alma recover that Armando the does not
obligation;
writing. a supervening impossibility
boxing arena was never started. Considering
Article 749 of the New Civil have
P100.000.00theInlegal this
that
instance,
capacity
she tothe sue. acceptance
If you were of theJose
the failure of the donee to comply with the affect
was notthe in existence
writing, of the obligation.
therefore, the donation is
Judge, how will you rule on this motion to
condition of the donation, the donor-spouses void.
dismiss? Upon the other
Explain.
sold the