QUESTIONS IN CIVIL LAW

I. Pedro offered to sell his 2000 BMW car to Dante for P3.5M. Dante asked Pedro to give him one week to decide. Pedro agreed. Three days after, Dante learned that Pedro sold the car to their friend Amado. Does Dante have a cause of action against Pedro? Why? II. Juan and Maria, both sixteen years of age, started to live together as husband and wife without the benefit of marriage. One year after, Maria gave birth to a baby boy whom they christened Dave. If both would decide to contract marriage upon reaching the age of 18, can their son Dave be legitimated by their subsequent marriage? Why? III. Mario, a scavenger, discovered a bag containing several pieces of jewelry in a vacant lot registered in the name of Samuel.. Can the bag containing several pieces of jewelry be considered a hidden treasure? Why? IV. Mayor Sta. Rosa, mayor of Malolos, Bulacan, celebrated the marriage of Ben and Teresa in Calumpit, Bulacan. Is the marriage valid? Why? V. Distinguish revival of will from republication. VI. In spite of the written notice Beware: Construction going on which was posted around the four corners of XYZ Building, vendor Maria continued to sell her goods near the construction site. One time, while the laborers were busy bringing up to the fifth floor hundreds of hollows blocks through the use of an improvised pulley and bamboo, the rope in the pulley was disconnected causing the hollow blocks to fall, two or three pieces of which hit Maria. Maria sued the owner of the building and the contractor for damages who in turn, moved for the dismissal of the complaint for lack of cause of action. It is their contention that Maria was the one negligent because they already placed a warning sign. Is the contention of defendants tenable? Why? (10%) VII. Beatriz bought a property in Dagupan from Marcelo and registered it in her name. Fifty years later, the Republic of the Philippines filed an action to recover the land on the ground that the property belongs to the State, the title of Marcelo on the property is fake and that the land is nonalienable and non-disposable. If you are the judge, how will you decide the case? Why? (10%) VIII. Antonio, registered owner of Viagra pills in the Philippines, entered into a contract with Red giving the latter the authority to be the exclusive distributor of the pills in Luzon. Without the knowledge of Red, Antonio was also selling the pills directly to the different drug stores in Metro Manila. As soon as Red learned about it, he decided to sue Antonio for damages. If you are the judge, how will you decide the case? Why? (10%) IX. After Mariano was acquitted by the court for reckless imprudence resulting to serious physical injuries, the victim Cesar filed a Civil Case for damages. Mariano filed a Motion to Dismiss the Civil Case alleging that since the criminal case against him was already dismissed, his civil liability is deemed extinguished. If you are the judge, how will you resolve the motion? Why? (10%) X. Dante, married, refused to pay his obligation to ABC Corporation at the time it was due and demandable. This compelled the corporation to file an action for collection of a sum of money with preliminary attachment of Dantes house and lot in Alabang. It appears that the said house and lot is the place where all of the members of the family of Dante live. If you are the judge, will you grant the motion for the issuance of a writ of attachment of the property? Why? (10%) XI. Tonio died in August 2007. He was survived by his first wife Lovely; their three children Faith, Hope and Charity; his common-law spouse Bea; their children Mo and Mi; his parents Agaton and Petra; and, his two younger brothers Gab and Ted who were receiving support from him before he died. Identify who among the surviving relatives have a right to claim for inheritance from him and in what capacity. Why? (10%) XII. Distinguish general partner from limited partner. XIII. Pedro obtained a loan of P30M Pesos from XYZ Bank using his four storey commercial building in Makati as a collateral. The first floor is being rented by UVV Supermarket; the second floor by Abbys Hair Salon, the third floor is where he established his spa and body massage business and the fourth floor was used by him as his residence. When Pedro failed to pay his obligation, XYZ Bank filed a petition for the foreclosure of the building and all of the properties found therein. Pedro and his tenants opposed the petition on the ground that the fixtures and equipments in the building are not covered by the Real Estate Mortgage since they are personal properties. Is their contention valid? Why? (10%) XIV. Myrna deposited her engagement ring to Monet for safekeeping. It appears that Myrnas son is indebted to Monet in the amount of P5,000.00. Monet refused to return the ring claiming that the obligation of Myrnas son to her is extinguished by legal compensation. Is the contention of Monet tenable? (10%)