PERSONS AND FAMILY RELATIONS

• Laws shall take effect fifteen days following the completion of their
publication in the Official Gazette or in a newspaper of general
circulation, unless it is otherwise provided – FALSE. Article 2: Law
shall take effect after 15 days FOLLOWING the completion of their
publication either in the Official Gazette or in a newspaper of general
circulation in the Philippines, unless otherwise provided. (As amended
by E.O. 200)

• A tax law is generally retroactive in application. - FALSE. Tax laws are

NOT generally retroactive. To make it applicable would take away or
impair vested rights acquired under existing laws, or create a new
obligation and impose a new duty, or attach a new disability, in
respect of transactions or considerations already past.

• When the law speaks of years, it shall be understood that years are of
365 days each. – FALSE. Article 13 of the Civil Code provides that a
year is equivalent to 365 days. However, the Administrative Code of
1987 states that a year is to be understood as 12 months.
Administrative Code, as the more recent law, should govern.

• Article 16 of the CC defines the renvoi doctrine – FALSE. 1st paragraph

refers to Lex Rae Sitae where real and personal properties are subject
to the law of the country in which they are situated. 2nd paragraph
refers to the national law of the decedent with respect to some aspects
of intestate and testate succession.
On the other hand, renvoi doctrine means referring back; the problem
arises when there is doubt as to whether a reference to a foreign law
is a reference to the internal law of said foreign law;or a reference to
the whole of the foreign law , including its conflict rules.

• In no case may a person without fault or negligence be liable for

indemnity resulting from the damage of another’s property – FALSE.
Damnum Absque Injuria: “One who makes use of his own legal right
does no injury. If damage results from the filing of the complaint, it
is damnum absque injuria.” (ABS-CBN vs. Republic Broadcasting)

• An insane person is exempt from all obligations because of his

incapacity – FALSE. Insanity is a mere restriction on a person’s

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
 capacity to act and do not exempt the incapacitated person from
certain obligations. Hence, an insane person may be liable for acts
made during a lucid interval. (Article 38, CC)

• A married woman is qualified for all acts of civil life without exceptions
– TRUE. Article 39 (2): A married woman, twenty one years of age, is
qualified for all acts of civil life, except in cases specified by law.

• The judicial declaration of absence shall not take effect until a year
after its publication in a newspaper of general circulation. – FALSE.
Judgment of the court in a summary proceeding declaring the absence
of the spouse shall be immediately final and executor. (Republic vs.
Tango)

• The administration over the property of an absentee may not cease at

the instance of a third party claiming ownership of the said property –
FALSE. Sec. 8 of Rule 107 of the RoC provides:
Termination of administration. — The trusteeship or
administration of the property of the absentee shall cease upon
order of the court in any of the following cases;
(a). xxxxxxxxxxxxxxxxxx
(b). xxxxxxxxxxxxxxxxxx
(c). When a third person appears, showing by a proper
document that he has acquired the absentee's property by
purchase or other title.

• A law to take effect immediately upon signing by the President is void

– FALSE. It does not make the law void, but it will not take effect until
it is published in accordance with Art. 2 of the NCC.

• Senate rules on the conduct of public hearing in aid of legislation must

be published to be valid – TRUE. The word ‘laws’ in Art. 2 of the CC
include all laws and not only those of general application; for strictly
speaking all laws relate to the people in general albeit there are some
that do not apply to them. Hearings conducted by the Senate in aid of
legislation affect the public; hence, the rules therefor must be
published.

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
• An ordinance passed by Muntinlupa City must be published in
accordance with Article 2 of the CC – FALSE. Ordinances are not
covered by Art. 2 of the CC. Section 59 of the LGC governs the
effectivity of Ordinances.

• The rules of procedure in the conduct of administrative proceedings

against erring employees of PAGCOR, a government corporation, must
be published in the official gazette – FALSE. “Interpretative
regulations and those merely internal in nature, that is, regulating only
the personnel of the administrative agency and not the public, need
not be published.” (Tanada vs. Tuvera 146 SCRA 446)

• A law changing the name of Taft Avenue to Benigno Avenue mentioned

by the President in his SONA with full TV and radio coverage is valid
because no publication is in fact required in this case – FALSE.
Publication is an indispensable requirement for a law to be valid. The
word ‘laws’ in Art. 2 of the CC include all laws and not only those of
general application, for strictly speaking all laws relate to the people in
general albeit there are some that do not apply to them. (Tanada vs.
Tuvera 146 SCRA 446)

• A law reorganizing the National Telecommunications Comission (NTC)

may be published through the official NTC website since it is of
particular application to said agency – FALSE. Publication can only be
made through the Official Gazette or newspaper of general circulation
as provided by Art. 2 of the CC.

• A law naturalizing Andray Blatche to play for Gilas Pilipinas must be

published pursuant to Article 2 of the Civil Code – TRUE. “The word
‘laws’ in Art. 2 of the CC include all laws and not only those of general
application, for strictly speaking all laws relate to the people in general
albeit there are some that do not apply to them. An example is a law
granting citizenship to particular individual, like a relative of President
Marcos who was decreed instant naturalization”. (Tanada vs. Tuvera
146 SCRA 446)

• A provision in a contact of lease in a mall allowing temporary

padlocking of the stall is valid – TRUE. A Contract of Lease is primarily
governed by the agreed stipulations of the parties and a lessor is
allowed to provide for measures to ensure compliance with Lease

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
 Terms. What the law prohibits is the extrajudicial ejectment as such
may constitute Grave Coercion.

• A provision in a modeling contract with FHM requiring the model to

return the fee if she becomes pregnant within 3 months from
publication is a valid waiver – FALSE. Such waiver is contrary to public
policy; thus, invalid. (Art. 6, NCC)

• A repealed law is revived when the repealing law is subsequently

repealed by a third law – FALSE. Well-settled is the general rule that
the repeal of second law by a third law does not automatically revive
the first law. As an exception, such first law is revived only if it was
IMPLIEDLY repealed by the second law. (Art. 7, NCC)

• International law is always supreme over domestic law – FALSE.

Domestic laws are always supreme of over international laws, the
latter applying to local cases in a mere suppletory manner when then
the domestic laws are insufficient.

• In computing a period, the first day shall be excluded and the last day
included except when the first of last day falls on a Sunday or a
holiday – FALSE. In computing a period, whether or not the first or
last day is a Sunday or Holiday is irrelevant. As an exception, whether
the last day of the period falls on any such day (Sunday or Holiday)
only becomes material in cases of Court issued orders or obligations
due and executable only on working days.

• When a doctrine of the SC is overruled and a different view is adopted,

the new doctrine should be applied prospectively unless it is favorable
to the accused – TRUE. Under Art. 8 of the NCC, Judicial Decisions
form part of the legal system of the Philippines. Thus, treated like
laws, doctrines shall be applied prospectively, having retroactive effect
only on exceptional circumstances (like when it is favorable to the
accused who is NOT a habitual criminal).

• A common carrier allowing passengers to ride on top of the vehicle as

is customary in the place may be exonerated from liability because a
person who had every reason and assurance to believe that he was
acting under the sanction of the strongest of all civil forces, the custom
of a people, should not be liable – FALSE. Common Carriers are

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
 required by law to exercise utmost extraordinary diligence in
transporting persons and goods; such requirement cannot be
overruled by mere customs.

• Parties cannot stipulate on what the law is but a court make take
judicial notice of a foreign divorce law when the parties so stipulate
and none of them will claim otherwise - TRUE. A court may not
require presentation of evidence to the foreign divorce law when such
is well known and may have been encountered by the courts in
previous cases; and when non of the of parties contest the same.

• One year from February 1, 2016 shall be January 31, 2017 because
2016 is a leap year – FALSE. One year shall be 12 months in
accordance to a special law. [editor’s note: Section 31, Chapter 8 of
Executive Order 292 or the Administrative Code of 1987; a stipulation
of 1 year as period shall be 12 calendar months, not 365 days.]

• By estoppel, a 14-year old alien, who is a minor under his national

law, may enter in a valid marriage contract in the PHL – FALSE. Only
persons who have reached the age of majority (18yrs and above) can
enter into a valid marriage contract in the Philippines.

• The PHL has a practice of accepting the referral in cases of renvoi thus
applying the foreign law to the conflicts case before it, provided that
the foreign law is not contrary to PHL public policy - FALSE. In cases
of renvoi, it is the domestic law, which must be applied.

• As a general rule, divorce decrees obtained by foreigners in other

countries are recognizable in our jurisdiction, but the res judicata
effects thereof must still be determined by our courts - FALSE.
Philippine courts cannot take judicial notice of foreign decisions.

• If a third person dealing with an agent is unaware of the limits of

authority conferred by the principal on the agent and the third person
has been deceived by the non-disclosure thereof by the agent, the
latter is liable for damages to the principal under the provisions on
human relations - FALSE. The agent is liable to the principal under the
provisions of agency.

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
• A mortgagee may take steps to recover the mortgaged property to
enable to enforce or protect its foreclosure right thereon – TRUE. An
owner may take the necessary steps in order to protect his properties

• An educational institution can be held liable for damages for

encouraging a student into believing that he can survive law school –
FALSE. Art. 21 of the NCC states that, "Any person who willfully
causes loss or injury to another in a manner that is contrary to morals,
good customs or public policy shall compensate the latter for damage."
The act of the educational institution of encouraging its student into
believing that he can survive law school is not contrary to morals,
customs or public policy thus, shall not be liable to damages.

• A wrongful advertisement in the newspaper where the house of Doctor

C in Bagong Pag-asa QC is located in Forbes Park, Makati, may fall
under the protection of Art. 26 of the NCC - TRUE. Every person shall
respect the dignity, personality, privacy and peace of mind of his
neighbors and other persons.

• The absolute nullity of the previous marriage in a case pending before

the RTC in Manila may pose a prejudicial question in a bigamy case
pending before the same court – FALSE. In Mercado v. Tan, a judicial
declaration of nullity of a previous marriage is necessary before a
subsequent one can be legally contracted. One who enters into a
subsequent marriage without first obtaining such judicial declaration is
guilty of bigamy. Therefore in this case, there is no prejudicial question
since the crime of bigamy has already been consummated.

• A law student in a sexual relationship with his male professor has a

cause of action against the latter for damages - FALSE. Under Art. 21
of the Civil Code, to be entitled to damages the following are the
requisites: 1. there is a legal act 2. but which is contrary to morals,
good customs, public order or public policy 3. It is done with intent to
injure another. Mere sexual relationship between the student and the
professor is not an actionable wrong without proof of the intent of one
to injure another.

• MERALCO can cut off electricity supply to a non-paying customer –

TRUE. Under art. 22 of CC, every person who through an act of
performance by another, or any other means, acquires or comes into
possession of something at the expense of the latter without just or

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
 legal ground, shall return the same to him. In the case, the non-
paying customer no longer has legal or just right over the electricity
provided for by MERALCO and therefore, Meralco can cut off its
electricity supply provided notice has been given.

• The court must protect an igorot entering into a contract with a

mestizo – FALSE. Being an igorot is not an incapacity under art. 38 of
NCC.

• Juridical capacity contemplates a dynamic condition while capacity to

act is static – FALSE. Juridical Capacity is static as it is inherent in
every natural person and may only be lost through death and, cannot
be limited or restricted while capacity to act is dynamic as it may be
lost through death and other causes and, it can be restricted, modified
of limited.

• Derecho is the power to demand from another a prestation – TRUE.

Derecho means right.

• A dog may be considered a person in view of animals welfare laws –

FALSE. Persons may either be natural or juridical. Animals are neither
natural persons nor juridical persons as defined by law.

• The estate of a deceased is considered a person – TRUE. In the case

of Limjuco v. Estate of Pedro Fragante, the Court rules that under the
bill of rights, the term "person" used in section 1 (1) and (2) must be
deemed to include artificial or juridical persons, for otherwise these
latter would be without the constitutional guarantee against being
deprived of property without due process of law, or the immunity from
unreasonable searches and seizures. Among these artificial or juridical
persons figure estates of deceased persons. Hence, we hold that within
the framework of the Constitution, the estate of Pedro O. Fragrante
should be considered an artificial or juridical person for the purposes of
the settlement and distribution of his estate which, of course, include
the exercise during the judicial administration thereof of those rights
and the fulfillment of those obligations of his which survived after his
death.

• An insane person committing rape is exempt from all liabilities –

FALSE. Insanity is a mere restriction on the capacity to act and do not

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
 exempt the incapacitated person from certain obligations, as when the
latter arise from his acts or from property relations such as easements
(Art 38, Civil Code)

• A person who suffers from monomania of wealth is incapacitated to

give consent in a contract – TRUE. Monamania is a form of insanity.
(An insane person is incapacitated to give consent, unless the contract
was entered into in a lucid interval - Art 1328, Civil Code)

• The contract of a minor is voidable in all cases – FALSE. The contract

is not voidable when the minor misrepresents his age. It must be an
active, not merely constructive representation. This is based on
estoppel, which presupposes capacity to misrepresent. The
circumstances of the minor (i.e. he appears to be of legal age) must
be of such nature that it could have been relied upon by the other
party. Otherwise, the contract remains voidable. (Memory Aid 2015
citing Jurado, Obligations and Contracts)

• A woman gave birth to a child who died 23 hours after complete

delivery. Did the child acquire personality? – IT DEPENDS on the
length of intra-uterine life. For Civil purposes, if the fetus had an
intra-uterine life of less than 7 months, it is not deemed born if it dies
within 24 hours after its complete delivery from the maternal womb. If
the intra-uterine life is 7 months or more, the fetus is considered born
if it is alive upon complete delivery even if the child dies within 24
hours (Art 41, Civil Code)

• Civil death extinguishes civil personality – FALSE. Civil personality is

extinguished by DEATH not CIVIL DEATH. (Art 42, Civil Code)

• State the rule on survivorship. If there is a doubt, as between two

or more persons who are called to succeed each other, as to
which of them died first, whoever alleges the death of one prior
to the other, shall prove the same; in the absence of proof, it is
presumed that they died at the same time and there shall be no
transmission of rights from one to the other. (Art 43, Civil
Code)

• Define marriage. Marriage is a special contract of permanent

union between a man and a woman in accordance with the law

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
 for the establishment of conjugal and family life. (Art 1, Family
Code)

• The company policy of a modeling company making marriage a ground

for termination is valid – FALSE. It is against public policy.

• The operation of a mail-order bride business in the PHL is unlawful

even if the parties are required o meet personally and consent to the
marriage only after counseling – TRUE. Such operation of the business
is unlawful as it is against law, particularly RA 6955 which banned the
practice of matching Filipino women for marriage to foreign nationals
on a mail order basis and other similar practices, including the
advertisement, publication, printing or distribution of brochures, fliers
and other propaganda materials.

• The subsequent marriage between a woman who rapes a man

extinguishes criminal liability – TRUE. In cases of seduction,
abduction, acts of lasciviousness and rape, the marriage of the
offender with the offended party shall extinguish the criminal action or
remit the penalty already imposed upon him. (Par 4, Art. 344 of RPC)
The subsequent valid marriage between the offended party shall
extinguish the criminal action or the penalty imposed. (Art 266-C of RA
8353)

• A divorce law cannot be passed by Congress without amendment of

Article XV of the Constitution – TRUE. The State recognizes the Filipino
family as the foundation of the nation. Accordingly, it shall strengthen
its solidarity and actively promote its total development. (Sec 1, Art
XV, 1987 Constitution)

• To some extent, marriage sheds some privacy of the spouse, thus the
wife can compel the husband to show text massages in his cellphone –
FALSE. The constitutional injunction declaring "the privacy of
communication and correspondence to be inviolable" is no less
applicable simply because it is the wife (who thinks herself aggrieved
by her husband's infidelity) who is the party against whom the
constitutional provision is to be enforced. The only exception to the
prohibition in the Constitution is if there is a lawful order from a court
or when public safety or order requires otherwise, as prescribed by
law. (Zulueta v. CA, G.R. No. 107383, February 20, 1996)

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
• The company policy of Mercury drug requiring the resignation of an
employee who is related by consanguinity of affinity to an officer of
Watson’s to avoid conflict of interest is valid – TRUE. The company
has a right to guard its trade secrets, manufacturing formulas,
marketing strategies and other confidential programs and information
from competitors. The prohibition against personal or marital
relationships with employees of competitor companies upon the
company’s employees is reasonable under the circumstances because
relationships of that nature might compromise the interests of the
company. (Duncan Association of Detailman-PTGWO and Pedro Tecson
v. Glaxo Wellcome Philippines, Inc., G.R. No. 162994, September 17,
2004)

• A company policy prohibiting employees from marrying each other is

valid – FALSE. A company policy must be reasonable under the
circumstances to qualify as a valid exercise of management
prerogative. The protection given to labor in our jurisdiction is vast
and extensive that we cannot prudently draw inferences from the
legislature’s silence that married persons are not protected under our
Constitution and declare valid a policy based on a prejudice or
stereotype. (Star Paper Corp v. Simbol, G.R. No. 164774, April 12,
2006)

• Congress may enact a valid law allowing same-sex marriage in the PHL
– TRUE. There is nothing in the Constitution which prohibits same sex
marriage. However, the provisions of the Family Code will have to be
amended as it is provided in Art 1 thereof that “Marriage is a special
contract of permanent union between a man and a woman entered
into in accordance with law for the establishment of conjugal and
family life.” Art 2 thereof also provides for a marriage to be valid,
there must be legal capacity of the contracting parties who must be a
male and a female.

• The same-sex marriage between a Filipino and an American

solemnized in the US is a valid marriage – FALSE. Laws relating to
family rights and duties, or to the status, condition and legal capacity
of persons are binding upon citizens of the Philippines, even though
living abroad. (Art. 15 CC) No marriage shall be valid, unless these
essential requisites are present: (1) Legal capacity of the contracting
parties who must be a male and a female (Art. 2 FC)

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
• A marriage solemnized in 1975 between a Stephen (I think this is
supposed to be a stepchild?) and the daughter of his father’s wife is
valid. – FALSE. Under Article 80 of the old Civil Code, the law in force
at the time of marriage, a marriage between stepbrothers and
stepsisters and other marriages specified in article 82 shall be void
from the beginning.

• A marriage through Skype between a man in Davao and a woman in

Manila is valid because it involves a mere irregularity in a formal
requisite. – FALSE. It is not a mere irregularity. Under Article 3(3) of
the Family Code, there must be a marriage ceremony that takes place
with the appearance of the contracting parties before the solemnizing
officer and their personal declaration that they take each other as
husband and wife in the presence of not less than two witnesses of
legal age.

• In the Philippines, the gender of a person at birth is immutable.

–TRUE. In Silverio v. Republic, the SC ruled that considering that
there is no law legally recognizing sex reassignment, the
determination of a person’s sex made at the time of his or her birth, if
not attended by error, is immutable.

• The marriage in the Philippines contracted by an alien who underwent

sex change operation may be valid. – TRUE. Provided that the
marriage complies with the essential and formal requisites of marriage
enumerated under the Family Code. Solemnities of marriages are
governed by the laws of the country in which they are executed
(Article 17 New Civil Code).

• An intersex individual may choose to be a she or a he. –TRUE. In

Republic v. Cagandahan, the SC ruled that where the person is
biologically or naturally intersex the determining factor in his gender
classification would be what the individual, like respondent, having
reached the age of majority, with good reason thinks of his/her sex.
[editor’s note: intersex is another term for hermaphrodite]

• A marriage solemnized by a priest and witnessed only by a 71-year old

man and a 22-year old monkey is valid. –TRUE. The requirement of at
least two witnesses of legal age is merely directory so that a failure to

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
 comply therewith does not invalidate the marriage (Rabuya, page
149).

• A marriage solemnized between Bedan law students solemnized by a

barangay chairman may be valid under Article 35, paragraph 2 of the
Family Code. – FALSE. The good faith referred to in Article 35(2) must
necessarily be one that is based on a mistake or ignorance of facts and
not based on ignorance of law, following Article 3 of the New Civil Code
(Rabuya, page 208).

• A marriage between a Japanese and a Filipino solemnized in the PHL

without the certificate of capacity to marry under Article 21 of the FC
is valid provided a license was obtained. - TRUE. Article 3 only
requires that a marriage license be obtained for the marriage to be
valid. In this case, the license was indeed issued and as such, Article 3
has been fulfilled. Its issuance without the certificate of capacity to
marry (under Article 21) is a mere irregularity in the license’s issuance
which does not affect its validity.

• A male foreigner killing his alien husband in the PHL commits parricide
if they were married in the country where same-sex marriage is valid.
[answerer’s note: ????. Does not indicate whether or not the alien
spouses are citizens of the country where they got married (where
same-sex marriages are allowed). What if they are citizens of a
country na bawal pero they got married in a place na pwede?
ANYWAYS. I’ll assume that they are citizens of the country where they
got married.] TRUE. Article 15 of the Civil Code applies which provides
that the national law of the person shall apply as to the status and
legal capacity of the person. Since both parties are capacitated to
marry each other by their national law and they have so married, they
shall be considered as married here in the Philippines. They also do not
fall under any of the exceptions under Article 26. As such, the killing of
one spouse of the other constitutes parricide.

• A marriage in articulo mortis may be solemnized by Judge Palamos in

Mindanao during a military operation. FALSE. Although a marriage in
articulo mortis may be solemnized in Mindanao during a military
operation, Judge Palamos cannot be the solemnizing officer. Being a
judge in Makati’s judicial territory, she can only solemnize marriages
within the same. The articulo mortis character of the marriage does

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
 not set aside the requirement of the authority of the solemnizing
officer, only the requirement of the marriage license.

• Justice Bello may solemnize a marriage in articulo mortis. FALSE.

Justice Bello is no longer an incumbent member of the judiciary; he is
retired. As such, he is not authorized under Article 7 of the Family
Code.

• In case of a marriage in articulo mortis, the party at the point of death

need not give his consent. FALSE. He must still give his consent, it
being one of the essential requisites under Article 2. Marriage in
articulo mortis only exempts the couple from the marriage license
requirement and not anything else.

• A marriage may be solemnized by Pope Francis in the PHL. TRUE.

Article 7 does not limit the authority of the priest, rabbi, imam or
minister to any territoriality or jurisdiction. As such, Pope Francis may
solemnize a marriage in the PHL.

• A marriage shall be solemnized publicly in the chambers of the judge

or in open-court, chapel or temple, or in the office of the consul-
general, consul or vice-consul, but not at a Jollibee outlet. FALSE.
Under article 8, both parties may request thru a written sworn
statement that the marriage be solemnized at a place designated by
them, and that could be in a Jollibee outlet.

• A marriage license shall be valid in any part of the PHL or inside the
premises of a PHL consular office abroad. TRUE. Marriage license shall
be valid in any part of the PHL as per Article 20. The premises of the
PHL consular office is considered as PHL territory and as such, the
marriage license shall only be valid therein.

• The marriage license shall be valid in any part of the Philippines or

inside the premises of the PHL consular office abroad. – FALSE. The
marriage license shall be valid only in the Philippines and not abroad
(Art. 20; Sta. Maria p. 150). As far as “abroad” is concerned, it can be
inferred from Art. 10 that marriage license abroad must be from the
consular official abroad authorized by the code to solemnize
marriages.

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
• PHL courts may take judicial notice of divorce laws of a foreign country
if none of the parties would claim otherwise – TRUE. During the trial,
the court, on its own initiative, or on request of a party, may announce
its intention to take judicial notice of any matter and allow the parties
to be heard thereon (Sec. 3, Rule 129, Rules of Court). The Court may
take judicial notice of divorce laws of a foreign country as long as the
parties are heard, and there are no objections.

• Marriages between Ilocanos may be performed validly without the

necessity of a marriage license – FALSE. A valid marriage license is
one of the formal requisites of marriage (FC Art. 3 (2)). That they are
both Ilocanos is not one of those cases where a marriage license is not
required (FC Arts. 27-34).

• The absolute nullity of a previous marriage may not be invoked for

purposes of remarriage without a final judgment declaring such
previous marriage void – TRUE. The absolute nullity of a previous
marriage may be invoked for purpose of remarriage on the basis solely
of a final judgment declaring such previous marriage void (FC Art. 40).

• Concealment of hepatitis B, regardless of its nature, existing at the

time of the marriage if a valid ground for annulment of marriage –
TRUE. A valid ground for annulment is consent obtained through fraud
(FC Art. 45(3)), wherein the fraud is committed through the
concealment of a sexually transmissible disease, regardless of its
nature, existing at the time of marriage (FC Art. 46(3)).

• The action for annulment of marriage may be filed by the parent or

guardian of the party whose consent was obtained through fraud. –
FALSE. The action can only be filed by the injured party (Art. 47, in
relation to Arts. 45 and 46). Therefore, only the spouse whose consent
was obtained by fraud may file the action.

• Children conceived or born before the judgment of annulment or

absolute nullity of marriage has become final and executory shall be
legitimate – FALSE. Only the children conceived or born before
judgment of annulment or absolute nullity of marriage under Art. 36
has become final and executory shall be considered legitimate, and
those conceived or born of the subsequent marriage under Art. 53

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
 (Art. 54). As to those declared void ab initio or annulled under Arts. 40
and 45, their effect excludes Art 43(1), which provides for the
legitimacy of the children.

• Drug addiction or habitual alcoholism of the petitioner is a valid ground

for legal separation – FALSE. A person seeking relief must come
before the courts with clean hands (Maxim: “He who comes into equity
must come with clean hands”). In this case, the party seeking relief is
the one who committed the ground for legal separation. Further, it
would be absurd for courts to allow legal separation based on the
ground one has, as it will encourage people to commit grounds
themselves and have their legal separation based on their own ground.

• Psychological incapacity of the petitioner is a valid ground for a

declaration of nullity of marriage – TRUE - any one of the spouses
may petition for the declaration of the nullity of the marriage, it does
not require that only the innocent spouse may file for the declaration
of nullity of marriage

• A lesbian may not petition for legal separation from her gay husband –
TRUE - Article 56(4) of the FC states that where both parties have
given ground for legal separation, the petition for legal separation shall
be denied. [editor’s note: Lesbianism or homosexuality being a ground
for Legal Separation under Article 55(6); and both parties having
committed them both.]

• After legal separation the custody of the minor children shall be

awarded to the innocent spouse in all cases – FALSE. It is always the
mother who shall have the custody of a child seven years old and
below

• The offending spouse in an action for annulment shall be disqualified

from inheriting from the innocent spouse by intestate and testate
succession - TRUE as stated in article 63 (4) of the FC

• A void marriage under Article 36 of the FC shall be governed by Article

148 of the same code – FALSE. It shall be governed by Article 147 of
the FC

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
• In case of denial of a petition for legal separation, the petitioner may
appeal even without first filing a motion for reconsideration – FALSE.
The filing of the motion for reconsideration is required before the filing
an appeal

• The action for annulment of marriage may be filed by the parent or

guardian of the party whose consent was obtained through fraud –
FALSE. Only the injured party whose consent was obtained through
fraud may file the action for annulment.

• A monetary obligation of the decedent may be inherited by an heir in

the sense that whatever payment made from the estate in ultimately a
payment by the heirs or distributees since the amount of the paid
claim in fact diminishes or reduces the share that the heirs would have
been entitled to receive – FALSE. Monetary obligations are not part of
the decedent's inheritance. While The debts of the deceased still
remain unpaid, no residue may be divided among the heirs, legatees
and devisees. (Lao vs Dee, Jan 23, 1952)

• The reconciling spouses may adopt a property regime different from

what they had prior to legal separation. FALSE. They can only revive
the former property regime Art. 66 of the FC provides, " The
reconciliation referred to in the preceding Articles shall have the
following consequences: (1) The legal separation proceedings, if still
pending, shall thereby be terminated at whatever stage; and (2) The
final decree of legal separation shall be set aside, but the separation of
property and any forfeiture of the share of the guilty spouse already
effected shall subsist, unless the spouses agree to revive their former
property regime."

• If the benefit from a wife’s business accrued prior to the objection of

her husband, the resulting obligation shall be enforced against the
separate property of the wife. TRUE. Art. 73. Either spouse may
exercise any legitimate profession, occupation, business or activity
without the consent of the other. The latter may object only on valid,
serious, and moral grounds. In case of disagreement, the court shall
decide whether or not: (1) The objection is proper; and (2) Benefit has
occurred to the family prior to the objection or thereafter. If the
benefit accrued prior to the objection, the resulting obligation shall be
enforced against the separate property of the spouse who has not
obtained consent.

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
• We adhere to the rule of mobilia sequntur personam in the Philippines.
FALSE. Mobilia sequuntur personam means, "movables follow the
person". The doctrine holds that personal property held by a person is
governed by the law of the owner's domicile. As a general rule, we
adhere to the principle of Lex situs, as per Art. 16, which provides
that, "Real property as well as personal is subject to the law of the
country where it is situated." But for purposes of personal properties
for taxation, we adhere to the doctrine of mobilia sequuntur personam.

• A married woman is qualified for all acts of civil life without exceptions.
FALSE. Art. 39 of the CC provides, "A married woman, twenty-one
years of age or over, is qualified for all acts of civil life, except in cases
specified by law."

• In case of a marriage in articulo mortis, the party at the point of death

may sign the marriage certificate. TRUE. Art. 6. Of the CC provides,
"In case of a marriage in articulo mortis, when the party at the point of
death is unable to sign the marriage certificate, it shall be sufficient for
one of the witnesses to the marriage to write the name of said party,
which fact shall be attested by the solemnizing officer."

• The marriage shall only be solemnized publicly in the chambers of the

judge or in open court, in the church, chapel or temple, or in the office
of the consul-general, vice-consul, as the case may be. FALSE. With
the exception of those cases of marriages contracted at the point of
death or in remote places in accordance with Art. 29, or where both of
the parties request the solemnizing officer in writing. (Art. 8 FC)

• Contracting parties between the age of 21 and 23 shall be obliged to

ask their parents or guardians for advice upon the intended marriage
FALSE. Art. 15 of FC provides, "Any contracting party between the
age of twenty-one and twenty-five shall be obliged to ask their parents
or guardian for advice upon the intended marriage. "

• An heir may sell his share in the inheritance after the death of the
decedent although the will has not yet been probated. TRUE. Art. 777
of the NCC provides that the rights to the succession are transmitted

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
 immediately from the moment of death. However the sale shall pertain
only to his undivided share in the estate and not a particular property.

• If X was instituted as a substitute in the event Y is incapacitated, the

substitution will be valid if Y instead repudiates his inheritance.
FALSE. The substitution will only take effect if Y is incapacitated and
not when Y repudiates.

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
 PROPERTY

• Property of public dominion when no longer intended for public use or

for public service shall form part of the patrimonial property of the
State. TRUE. Art. 422 of the NCC: “Property of public dominion, when
no longer intended for public use or for public service, shall form part
of the patrimonial property of the State.”

• When the ring is more precious than the gem set thereon, the gem
shall be the principal and the ring shall be the accessory applying the
value test. FALSE. The ring is the principal. The value test states that
the thing of greater value shall be the principal thing

• Whenever a large tree threatens to fall in such a way as to cause

damage to the land or tenement of the owner, he shall be obliged to
fell and remove it; and should he not do so, it shall be done at his
expense by order of the administrative authorities. FALSE the threat
of damage must be against the land of ANOTHER or to travelers OVER
A PUBLIC or PRIVATE ROAD not when it will be damage to the land of
the owner.

• A and B are co-owners of two (2) eggs. Unless the contrary is proved,
A and B own 1 egg each. FALSE; they both own the two eggs
together. [editor’s note: partition or identifying specific parts owned
respectively negates the nature of co-ownership].

• A co-owner may bring an action for ejectment without the consent of

his co-owners. TRUE. Art. 487 of the NCC “Any one of the co-owners
may bring an action in ejectment.”

• Juridical possession acquired and enjoyed in the concept of an owner

can serve as title for acquiring dominion. FALSE. Only possession
acquired and enjoyed in the concept of an owner can serve as title for
acquiring dominion (Art. 540)

• A possessor in good faith is entitled to the fruits received before the

possession is legally interrupted – TRUE. According to Article 544 of
the NCC, a possessor in good faith is entitled to the fruits received
before the possession is legally interrupted.

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
• Necessary expenses shall be refunded to every possessor who may
retain the thing until he has been reimbursed therefor – TRUE.
According to Article 546 of the NCC, necessary expenses shall be
refunded to every possessor; but only the possessor in good faith may
retain the thing until he has been reimbursed thereof. Thus, every
possessor, whether in good faith or in bad faith, is entitled to
reimbursment of necessary expenses but only the possessor in good
faith may retain the thing until he has been reimbursed thereof.

• Juridical title could not be the basis of acquisitive prescription – TRUE.

According to Article 1130 of the NCC, title for prescription must be true
and valid.

• The mortgagee in an equitable mortgage may retain possession of the

property pending actual payment of the debt – TRUE. In a contract of
mortgage, the mortgagor, as a general rule, retains possession of the
property mortgaged as security for payment of the sum borrowed from
the mortgagee, because by the mortgage, the former merely subjects
the property to a lien but ownership thereof is not parted with.
However, it is not an essential requisite of the contract of mortgage
that the property mortgaged remains in the possession of the
mortgagor. Hence, the mortgagor may deliver the said property to the
mortgagee, without thereby altering the nature of the contract. (Credit
Transactions by De Leon)

• Failure of consideration in a contract of sale may be a ground to

recover the movable property from the present possessor under Article
559 of the Civil Code – FALSE. Article 559 of the NCC provides that
one, who has lost any movable or has been unlawfully deprived
thereof, may recover it from the person in possession of the same. In
this case, failure of consideration in a contract of sale cannot be
equated to unlawful deprivation.

• A possessor in bad faith shall be liable for deterioration or loss in every

case, except if caused by a fortuitous event – FALSE. According to
Article 552 of the NCC, a possessor in bad faith shall be liable for
deterioration or loss in every case, even if caused by a fortuitous
event.

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
• The possession of movable property acquired in good faith is
equivalent to a title of ownership – FALSE. According to Article 559 of
the NCC, the possesssion of movable property acquired in good faith is
equivalent to title.

• A government recognition issued to a school operated by a stock

corporation is property – FALSE. The government recognition is a
mere privilege. It is not susceptibility of being possessed by men
(appropriability, which is one of the requisites of property).

• Properties of a municipality for public use are under the control of

Congress. TRUE. When a property is owned by a political subdivision
in its public and governmental capacity, the Congress has absolute
control (Rabuco v. Villegas).

• A lot donated by a private corporation to the city of Manila for the

opening a street is patrimonial “until” the street is actually
constructed. TRUE. When the street is constructed, it becomes a
property for public use. Street is one of those enumerated in Art 424
of NCC as property for public use in the provinces, cities, and
municipalities.

• A possessor of a parcel of land may file an action for forcible entry or

unlawful detainer against a party claiming to be the owner of the
same. FALSE. A possessor can only file forcible action against a party
claiming to be owner of the same, but not unlawful detainer because
under Rule 131 Sec 2(2), the tenant cannot be permitted to deny the
title of his landlord at the time of commencement of the relation of
landlord and tenant between them.

• An artificial lake constructed in the property of Mr. X was destroyed by

a magnitude 7 earthquake inundating the land and damaging the
plants of his neighbor. Mr. X is liable for damages because the owner
of a property cannot make use thereof to injure the rights of a third
person. FALSE. The earthquake can be considered as a fortuitous
event, which may exempt a party from liability so long as there is no
fault or negligence on his part (Nakpil & Sons vs CA).

• The sperm of Pedro, a bulldog, extracted through manual inducement

is a natural fruit. TRUE. A sperm from an animal can be considered as

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
 a natural fruit. Everything that may be extracted from an animal is a
natural fruit.

• Canned sardines from a cannery are fruits. FALSE. Canned sardines

from a cannery are not a natural, industrial, and civil fruit within the
contemplation of the law.

• The compensation paid to X who executed a mortgage over his land to

secure the loan of another person is a civil fruit. FALSE. The
compensation from a mortgaged property is not a civil fruit having no
immediate relation to the property, but only a remote and accidental
relation (Bachrach Motor Co., vs Talisay-Silay Milling Co.)

• Article 448 may apply to an improvement introduced by a usufructuary

on a parcel of land. FALSE. Art 448 applies only when the
improvement is introduced by one who, in good faith, thinks he own
the land or has a claim thereto. It doesn’t apply in case one’s interest
in the land is merely that of an agent or usufructuary (Macasaet vs.
Macasaet).

• The landowner may avail of demolition as a first option under Article

448. FALSE. The landowner may only avail of demolition as an option
when after having chosen to sell his land, the builder or planter fails to
pay the same. (Sarmiento vs. Agana, as cited in Paras, Comments and
Cases on Property, 2011 ed., p. 155). He may not therefore avail it as
first option.

• Without exception, Article 448 applies only when a person builds,

plants or sows on the land of another. FALSE. Article 448 has been
applied by analogy to a co-owner whose house, despite having been
built at the time he was a co-owner (thus technically not a person
building, planting or sowing on the land of another), overlapped with
the land of another at the time of partition. (Del Campo vs. Abesia, as
cited in Paras, Comments and Cases on Property, 2011 ed., p. 151)

• Article 448 cannot apply where a co-owner builds on a land owned in

common. FALSE. It can apply. See Del Campo vs. Abesia above.

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
• To avoid unjust enrichment, the builder in Article 448 must pay rent
during the period of retention? FALSE. A builder under Article 448 is a
builder in good faith. A builder in good faith is given the right to retain
the thing until he has been reimbursed for his necessary and useful
expenses. (Article 448 in relation to Article 546, Civil Code).
Consequently, he need not pay rent during the period of retention.

• In industrial accession, a landowner in bad faith may not only lose his
property but could even be held liable for damages. FALSE. A
landowner in industrial succession, even if in bad faith, is only liable
for damages, but does not lose his property. (Article 454 in relation to
Article 447, Civil Code).

• If the landowner elects to sell the land to the builder, the price must
be fixed at the market value at the time of taking or introduction of
the improvement of the land. FALSE. The price must be fixed at the
prevailing market value at the time of payment. (Ballatan vs. CA, as
cited in Paras, Comments and Cases on Property, 2011 ed., p. 159).

• The buyer who builds on a land after an action for annulment of the
sale is a buyer in bad faith regardless of the result of the litigation.
FALSE. Such buyer, when he builds on a land after an action for
annulment of sale has been instituted, is a builder in bad faith.
(Mindanao Academy Inc. vs. Yap, cited in Paras, p.166).

• A planter in bad faith may demand reimbursement for irrigation

expenses. FALSE. Irrigation expenses are only useful expenses. Under
Article 546 of the Civil Code, planters in bad faith cannot demand
reimbursement for useful expenses.

• A builder in bad faith may demand reimbursement for real property

taxes on the land. TRUE. Payment of real property tax is a necessary
expense for the preservation of the land.

• A planter in bad faith may claim reimbursement for litigation expenses

against the landowner. FALSE. Litigation expenses are not necessary
expenses, hence, it cannot be reimbursed.

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
• The in pari delicto rule applies to industrial accession. FALSE. No
cause of action vs. each other (you leave them be) but in industrial
accession, if both parties are in bad faith, you apply the rules as if they
are both in good faith.

• The rule on accretion applies to lakes, non-navigable rivers and

shores. FALSE. It applies to LAND formed through accretion in lakes,
non-navigable rivers and shores.

• In no instance will the rule of accretion apply if sedimentary deposits

are accumulated because of artificial works. FALSE. The said rule will
apply if the artificial works were done by the State and by third
persons.

• Uprooted trees on segregated land should be claimed within six

months. FALSE. They should be claimed within 2 years (segregated
land).

• The rule on natural change in the course of a river does not apply to
navigable rivers. FALSE. The law does not distinguish.

• Islands formed through alluvion on rivers and lakes belong to the

state. FALSE. It belongs to the owners of the margins or banks
nearest to each of them.

• Plumbatura is the adjunction of the same metals. FALSE. Under the

law, plumbatura is the adjunction of different metals. The adjunction
of the same metals is ferruminacion. [See De Leon, 2011, p.198]

• Gold, united by soldering to platinum, gold is the principal. FALSE.

Pursuant to Art. 468, NCC, the thing which is of the greater value shall
be considered the principal. As between gold and platinum, it is the
latter [platinum] which is of greater value, hence, platinum is the
principal and gold the accessory.

• Tejido shall be governed by the rules on co-ownership. FALSE. Under

the law, tejido or weaving shall be governed by the rules on
adjunction. [See De Leon, 2011, p. 198]

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
• In adjunction involving three or more things belonging to different
person, there can be two principal things. FALSE. Under the law, there
can only be one principal thing as Art. 466, NCC shall govern such
situation. [See De Leon, 2011, p. 200]

• The owner of a diamond set on a ring may remove the same even if
the ring may suffer some injury. TRUE. Pursuant to Art. 469, par. 2,
NCC, where the thing united for the use, embellishment or perfection
of the other, is much more precious than the principal thing, the owner
of the former may demand its separation even though the principal
thing may suffer some injury. (See De Leon, 2011, pp. 200-201)

• Sentimental value is not relevant in industrial accession. TRUE. Under

the law, sentimental value is not one of those assessed in order to
ascertain the value of the property involved in industrial accession; see
fair value, market value, etc.

• A fictitious contract of sale, sale by an agent without the authority of

the principal and a deed of nullity of sale are examples of cloud over
title to property. TRUE. These fall under Art. 476, NCC. (See De Leon,
2011, pp. 213-214)

• Enumerate the sources of co-ownership. Under the law, co-ownership

may be created by any of the following causes: by contract (Art. 494,
par.2, NCC; Art. 1775, NCC), by law (Art. 658, NCC; Arts. 88, 90 of
the Family Code), by succession, by testamentary disposition or
donation inter vivos (Art. 494, par. 3, NCC), by fortuitous event
or by chance (Art. 438, 472 NCC) and by occupancy (Art. 712, NCC).
See De Leon, 2011, p. 233-234

• All co-owners must agree to bring an action in ejectment. FALSE. Art.

487 states “Any one of the co-owners may bring an action in
ejectment.”

• A co-owner may demand at any time the partition of the property

owned in common. TRUE. Par. 1 of Art. 494 provides “No co-owner
shall be obliged to remain in the co-ownership. Each co-owner may

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
 demand at any time the partition of the thing owned in common,
insofar as his share is concerned.”

• X purchased the very old Spanish house he was renting from a friend
with the intention of demolishing it once he receives his retirement pay
and construct his dream house thereon. The building is personal
property. TRUE. The “temporary” intention converts the building into a
personal property.

• A concrete house on rented land is personal property. FALSE.

Ownership of the land does not command the nature of any structure
or property attached to it.

• A concrete house on rented land may be the object of a chattel

mortgage. TRUE. The intention of the contracting parties as to the
nature of the object of the contract will prevail.

• The house mentioned above may be auctioned as chattel. TRUE.

Please refer to above.

• A house built in the middle of the street is not property because it is a

nuisance per se and must therefore be abated. FALSE. The house
remains to be a real property.

• The cash register of a restaurant is a real property. FALSE. A cash

register is a property incidental only to the operation of the restaurant.

• The beds of a hospital are personal property – FALSE. Hospital beds

are considered real property for they directly meet the need of the
industry (hospital).

• The machinery to be immobilized by destination may be owned by the

owner of the tenement – TRUE. Art 415 does not prescribe who
should own the machinery

• A statute may be immobilized by destination under paragraph 4 of

Article 415 - FALSE. Art. 414(4) contemplates "statue" and not
"statute".

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
• Machinery placed by the lessor on rented property for an industry
operated by the lessee is real property – TRUE. Although the industry
is operated by the lessee, still, it was the lessor who placed the
machinery in his own property. It is within the purview of Art.415(5).

• A portable liquid container may be classified as real property under

Article 415 - TRUE. If the owner intends to immobilize it, then it will
be classified as real property as per Art. 415(5).

• A St. Peter’s fish in a fishpond may be donated orally – TRUE. While

animals in the pond may be considered as real property, this
classification will not apply in criminal cases (i.e. Theft) and alienation.

• A vintage care placed by Mr. X in his living room as a permanent

ornamentation may be subjected to a writ of replevin in favor of Y –
TRUE. It is the intention of the owner that makes the vintage car
immovable. Without such intention, the said car will be deemed
movable. Ergo, it may subject to a writ of replevin.

• Without exception, the strip of land between the high and low water
marks of the sea cannot be registered under the Torrens system –
TRUE. Such strip of land is a land of public domain, hence, not
susceptible to registration under the Torrens System

• The Roppongi lot in Japan, when no longer intended for public service
shall form part of the patrimonial property of the Ph. TRUE. There is
nothing wrong with the statement as this is just a codal provision (Art.
422) although this is not a self executing provision as there is a need
for a formal declaration on the part of the government to withdraw it
from being a property intended for public service, as per Laurel v.
Garcia.

• A health facility acquired and operated by the City of Manila using

funds donated by Lucio Tan is property for public use. FALSE. Art. 424
says that property for public use by LGUs consist of provincial roads,
city streets, municipal streets, squares, etc. the extent of properties
for public use by LGUs is much more limited than those of the State. A
health facility may be a property intended for public service but not for

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
 public use so this is patrimonial. BUT look at the 2nd paragraph of Art.
424. ‘All property possessed by any of them is patrimonial and shall be
governed by this Code, WITHOUT PREJUDICE TO THE PROVISIONS OF
SPECIAL LAWS (emphasis answerer’s). What could be the special law?
LGC perhaps. This was used in the case of Province of Zamboanga del
Norte v. City of Zamboanga where it was ruled that lots used for
capitol site, school sites, hospital sites were deemed for public use,
hence, not patrimonial. [Answerer’s note: Parang true nga ata talaga
answer dito ni Sir, di ko masyadong maalala. :)]

• The aircon unit of Jollibee Baguio is real property. FALSE. It does not
directly meet the needs of the industry.

• The printing machine of a newspaper company installed inside its

building is real property. TRUE. It directly meet the needs of the
industry.

• A machinery bolted on a platform at the backyard of Mr. X is personal.

TRUE. It does not fall under 415.

• Exceptionally, a municipality may lease a portion of the town plaza to

raise money for charity. TRUE.

• Ownership is elastic. TRUE.

• Ownership may be limited by the property owned. TRUE.

• The Doctrine of Self-Help may apply to an immovable property. TRUE.

Under article 429, “the owner or lawful possessor of a thing has the
right to exclude any person from the enjoyment and disposal thereof.
For this purpose, he may use such force as may be reasonably
necessary to repel or prevent an actual or threatened unlawful physical
invasion or usurpation of this property.” Clearly, this article regarding
self-help also applies to immovable properties.

• The Doctrine of state of necessity cannot be invoked if all the elements

for the application of self-help are attendant. FALSE. The general rule
is that a person cannot interfere with the right of ownership of

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
 another. The exception is the doctrine of incomplete privilege/ state of
necessity. Rationale: under the principle of self-help, one of its
element is actual or threatened unlawful physical invasion or
usurpation of property (or simply put, unlawful aggression) and when
a person is under a state of necessity, there can be no unlawful
aggression in case he destroys the property of another which is lesser
in value in order to avert the danger poised to another property, the
value of which is much greater.

• Without exception, Article 448 will apply only if both parties acted in
good faith. FALSE. The article only mentions that the B/P/S is in good
faith. Therefore, there might be an instance where the landowner is in
bad faith.

• An owner who does not know the exact metes and bounds of his land
cannot be a builder in good faith. FALSE. Lack of knowledge as to the
metes and bounds of one’s property cannot be equated to bad faith.
Hence, the rule that every man shall be presumed in good faith shall
control.

• An accretion automatically belongs to the owner of the land adjoining

the banks of the river. TRUE. This is codal provision. Article 457
provides that “ to the owners of lands adjoining the banks of rivers
belong the accretion which they gradually receive from the effects of
the current of the waters.”

• There can be co-ownership between X and Y over two eggs of the

same size. TRUE. All things which are not materially divided can be
the subject of co-ownership. Under article 484, “ there is co-ownersip
whenever the ownership of an undivided thing belongs to different
persons”

• An agreement to subdivide the property terminates co-ownership.

FALSE. It is not the mere agreement, but rather, the actual
subdivision or partition which would terminate co-ownership.

• A co-owner becomes the owner of a parcel of land 40 years after he

causes the cancellation of the old title in the names of the co-owners
and the issuance of a new one in this name even if he did not tell his
co-owners about the cancellation. TRUE. Here, the adverse possession

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
 of the co-owner started when he caused the cancellation of the old title
and caused the issuance of a new one in his favor. After the lapse of
30 years, he became the owner. Notwithstanding the fact that the co-
owners were not notified, as the act of causing the cancellation of title
in his favor constituted a constructive notice already.

• A city cannot sell its health center medical equipment even if

purchased using patrimonial funds - FALSE. No express prohibition to
the selling of the equipment

• X and Y are co-owners of a bird. Discuss the right and obligations of X

and Y. ANSWER: a. Right to use B. right to enjoy C. right to the fruits
D. right to abuse E. right to dispose

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
 WILLS AND SUCCESSION

• A mutual will is void even if executed in a country that allows joint

wills – FALSE. Mutual wills or reciprocal wills by themselves are
VALID, but if made in one instrument, they are void, not because they
are reciprocal, but because they are joint.

• A reciprocal will is void if it contains a disposicion captatoria. – FALSE.

Art. 875. Any disposition made upon the condition that the heir shall
make some provision in his will in favor of the testator or of any other
person shall be void. Only disposition is void.

• Errors in a will may be corrected after the testator’s death – TRUE.

Art. 789. When there is an imperfect description, or when no person or
property exactly answers the description, mistakes and omissions
must be corrected, if the error appears from the context of the will or
from extrinsic evidence…

• A will written by a testator after being judicially declared insane is void

even if made during a lucid interval – FALSE. Being judicially declared
insane is only a presumption of being mentally incapacitated

• As a rule, the will must be read before the testator and his witnesses
sign the same – FALSE. It is not essential that the will has to be read
to the witnesses, or that they know their contents. (57 Am. Jur. Wills,
Sec. 300). While they are required to participate in the
acknowledgment before the notary public, still what they will
acknowledge is NOT the will but attestation clause

• If the testator delegates the signing of the will to a representative, the

latter must sign his own name and the name of the testator – FALSE.
The person signing for the testator does not even have to put his own
name. (Barut v. Cagacungan, 1 Phil. 461; Bolonan v. Abellana, et al.,
L-15153, Aug. 31, 1960). All the law requires is that he puts the name
of the testator. (Caluya v. Domingo, 27 Phil. 330).

• The test of available senses provides that the witness must sign the
will within the range of a blind testator’s other senses. TRUE: In case

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
 a testator is blind, the “presence” may be complied with if the signing
or action is within the range of the OTHER senses like hearing, touch,
etc., of the testator. What is important is that he realizes what is being
done. (I Alexander on Wills, pp. 684-686).

• A will of only one page need not have the testator’s marginal
signature. TRUE: The law requires that the signatures of the testator
and the instrumental witnesses should be on the left margin of every
page of the will except the last. 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.
(Art. 805)

• A will is void if the witnesses signed before the testator subscribed his
will. FALSE: where the signing and publication of the will by the
testator and the signing by the subscribing witnesses, is all one
continuous transaction, each signing in the presence of the others, is
sufficient, and the will is valid notwithstanding a subscribing witness
may sign the will before the testator does. (Gordon vs Parker,
American case cited in Jurado)

• The last page containing the attestation clause only need not be
numbered. TRUE: It is not necessary to number the fi rst page (Lopez
v. Liboro, 81 Phil. 429; Icasiano v. Icasiano, L-18979, June 30, 1964),
nor even the last page as long as, for example, said page, in its
attestation clause states that “the will consists of three pages, besides
this one” for here, it is evident that the last page is really the fourth
page. The attestation shall state the number of pages used upon which
the will is written (Par. 3 Art. 805)

• The attestation clause need not be signed by the testator. TRUE:

Since the attestation clause is a declaration of the instrumental
witnesses and not of the testator, it is, therefore, clear that it must be
signed by the witnesses, not by the testator. (Abangan vs Abangan)

• The attestation clause may be in a language not known to the testator

and the witnesses. TRUE: While the testator is required to know the
language of the will, the witnesses are not required to know the
language of the attestation clause. It is sufficient that it be translated
to them. (Art. 805, last paragraph)

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
• The statement of the place of execution of a will need not be indicated.
TRUE. Only the formalities provided under Art. 804, 805, and 806
must be complied with.

• The witnesses may sign at the margin of the page containing the
attestation clause. TRUE. The witnesses are not prohibited from
signing the margin of the page containing the attestation clause as
long as they sign at the end of the attestation clause and on the
margin of every page of the will, except the last page. (Art. 805)
[Answerer’s Note: The attestation clause may be placed at the
beginning or end of the will. It may also be incorporated in the will.
The law does not mandate that it should come after the testamentary
dispositions, hence the marginal signatures of the witnesses can be
found in a page containing the attestation clause.]

• An unintentional incorrect date does not invalidate a holographic will.

TRUE. Although generally the date should be the true one, an
incorrect date, as long as it was made in good faith, does not
invalidate the will. But if the wrong date was inserted intentionally, it
is as if there is no date, hence, the will is considered void. (Paras,
p.110, 2008 ed.) (Art. 810)

• An interpolation in a holographic will that is not authenticated by the

testator’s full signature will invalidate the will. FALSE. An interpolation
in the holographic will that is not authenticated by the testator’s full
signature will only affect the validity of the altered or inserted
testamentary disposition and not the entire will. (Art. 814 in relation to
the rules on insertion discussed by Tolentino)

• Previous dispositions in a holographic will, which were dated but not

signed are validated by subsequent dated and signed dispositions.
FALSE. Art. 813. When a number of dispositions appearing in a
holographic will are signed without being dated, and the last
disposition has a signature and a date, such date validates the
dispositions preceding it, whatever be the time of prior dispositions.
Art. 812. In holographic wills, the dispositions of the testator written
below his signature must be dated and signed by him in order to make
them valid as testamentary dispositions.

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
• An attesting witness may use his thumb mark instead of a signature.
TRUE. The witness may use his thumb mark in the will and the
attestation clause as long as he intended it to be his signature.

• A forced heir may be a witness to the testator’s will. TRUE. The

prohibition stated in Art. 823 extend only to the legatees, devisees and
voluntary heirs because they may exert undue influence upon the
testator in making the testamentary dispositions unlike a forced heir
whose inheritance is determined by law.

• A revocation of a will based on a false cause will make the will void.
FALSE. Art. 833. A revocation of a will based on a false cause or an
illegal cause is null and void. The revocation will be void, not the will.

• A monetary obligation of the decedent may be inherited by an heir in

the sense that whatever payment made from the estate in ultimately a
payment by the heirs or distributees since the amount of the paid
claim in fact diminishes or reduces the shares that the heirs would
have been entitled to receive. TRUE. Art. 1078. Where there are two
or more heirs, the whole estate of the decedent is, before its partition,
owned in common by such heirs, subject to the payment of debts of
the deceased.

• An heir may sell his share in the inheritance after the death of the
decedent although the will has not yet been probated. TRUE. Art. 777.
The rights to the succession are transmitted from the moment of the
death of the decedent. (It will be a different thing if a specific real or
personal property is being sold, Art.838 will apply)

• If X was instituted as a substitute in the event Y is incapacitated, the

substitution will be valid if Y instead repudiates his inheritance.
FALSE. Article 859. The testator may designate one or more persons
to substitute the heir or heirs instituted in case such heir or heirs
should die before him, or should not wish, or should be incapacitated
to accept the inheritance. A simple substitution, without a statement of
the cases to which it refers, shall comprise the three mentioned in the
preceding paragraph, unless the testator has otherwise provided.
(ART. 774) The substitution will only be valid in case of the incapacity
of Y.

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
• An adopted son may be preterited in the will of the father of the
adoptive father. FALSE – In succession, adoption creates relationship
between the child and the adopting parent only.

• The failure to state the number of pages in the attestation clause of a

will can be cured by a statement of the number of pages in a
subsequent codicil. FALSE – The will is void as to its form because of
lack of valid attestation clause. The remedy is to revive it not republish
it by executing a codicil. Article 835 - The testator cannot republish,
without reproducing in a subsequent will, the dispositions contained in
a previous one which is void as to its form. Article 836 - The execution
of a codicil referring to a previous will has the effect of republishing the
will as modified by the codicil.

• An imperfect disinheritance may have similar effects as preterition.

TRUE – Take note of the word “may”. The general answer here is false
because preterition has the effect of annulling the institution of heirs
while imperfect disinheritance will annul the institution of heirs only to
the extent that the (disinherited)heir is prejudiced. In both cases they
respect devises and legacies that are inofficious. If however there is
only one compulsory heir and the only provisions in the will are that of
legacies and devises that are not inofficious (or kahit walang devise or
legacy), then preterition and imperfect disinheritance will have same
effect. (There will be no annulment of heirs) ART. 854 + Art. 918

• A will was signed in the presence of an instrumental witness even if

said witness is in an adjoining room separated by a glass wall
decorated with wallpaper all over. FALSE [Answerer’s note: di ko alam
ano ung tanong pero baka sinasabi nya na the will is valid]. False
because the witness had no chance to see the testator signing the will
had he wanted to.

• In simple substitutions, the second heir takes the inheritance in default

of the first heir by reason of incapacity, predecease, disinheritance and
renunciation. FALSE. Disinheritance is not among the grounds.

• Property acquired after the making of a will shall pass thereby, as if

the testator had possessed it at the time of the making of the will.
FALSE. Property acquired after the making of the will shall only pass if
it EXPRESSLY APPEARS in the will that such was the INTENTION of the
testator. (ART. 793)

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.
• Every devise or legacy shall cover all the interest which the testator
could devise or bequeath in the property disposed of – TRUE. Article
794

• The validity of a will as to its form depends upon the observance of the
law in force at the time the succession is opened. FALSE. The validity
of a will as to its form depends upon the observance of the law in force
at the TIME IT IS MADE (Art. 795)

• A married woman may make a will without the consent of her husband
– TRUE (Art. 802)

• A will is void if does not state that it is written in a language known to

the testator. FALSE. It is not a requisite for the validity of the will. The
fact that the testator knew the will’s language need not appear on the
face of the will. Extrinsic evidence is allowed to prove this. (Lopez v.
Liboro, 81 Phil. 429).

• As a rule the will must be read before the testator and his witnesses
sign the same. FALSE. Only in cases provided under Article 807 and
808.

• The attestation clause need not be placed at the bottom of the will.
TRUE. The present form of placing the attestation clause at the
bottom of the will is only for convenience.

~ nothing follows ~

4S BATCH 2016 – 2017

Please do not reproduce or distribute without prior consent.