QUIZ IN CIVIL LAW

1.What is “pari delicto rule”? Is it applicable in unlawful detainer cases? Explain.

.2. The contract states:

“Ako, si Lito Carreon, may-ari ng bahay at lote sa Bo. Payatas, Quezon City, ay nagbibigay pahintulot kay G. Eddie Guevarra, na pansamantalang manirahan sa nasabing bahay at lote ng “walang bayad.” Kaugnay nito, kailangang panatilihin nila ang kalinisan at kaayusan ng bahay at lote.Sa sandaling kailangan na namin ang bahay at lote, sila’y kusang aalis ng walang reklamo.”

Question: What kind of contract is entered between Lito and Eddie? Explain.

3. What is the test for determining whether the subject matter of an action is incapable of pecuniary estimation? Explain.

4.State the requisites of res judicata.

5.When is an action “incapable of pecuniary estimation”? Cite at least three examples.

6. What are the two phases of “expropriation”? Explain each.

7. The pertinent portions of the complaint are reproduced hereunder:

x x x

3. That the plaintiffs and the defendants are the legal heirs of spouses Casimero Tautho and Cesaria N. Tautho who died long time ago;

4. That in life the spouses became the owners in fee simple of a certain parcel of land, which is more particularly described as follows:

A parcel of land containing 56,977.40 square meters, more or less, located at Cotcot, Liloan, Cebu. designated as Lot 6149 per Technical Description and Certification issued by the Office of the Land Management copy of which are hereto attached as Annexes "A" and "A-1" and are made part hereof: total assessed value is P5,000.00;

5. That the land passed to the children of the spouses.(who are all deceased except for defendant Marcelo Tautho), namely: Zacarias, Epifania, Vicenta, Felicisimo, Maria, Lorencia and Marcelo, and which in turn passed to the plaintiffs and defendants upon their death they being their descendants and legal heirs;

6. That the subject parcel of land has for year been undivided by and among the legal heirs of said previous owners;

7. That, very recently, plaintiffs discovered a public document, which is a declaration of heirs and deed of confirmation of a previous oral agreement, of partition, affecting the land executed by and among the defendants whereby defendants divided the property among themselves to the exclusion of plaintiffs who are entitled thereto; attached hereto as Annex "B" and is made part hereof is xerox copy of said document;

8. That the instrument (Annex "B") is false and perjurious and is a complete nullity because the defendants are not the only heirs of Casimero Tautho; plaintiffs are also legal heirs and descendants of said deceased; moreover, there has been no oral partition of the property;

9. That pursuant to said document (Annex "B"), defendants had procured tax declarations of the land for their supposed "shares" to the great damage and prejudice of plaintiffs;

10. That the property in controversy should be divided into seven (7) equal parts since Casimero Tautho and Cesaria N. Tautho had seven children;

11. That the parties had failed to settle the controversy amicably at the barangay level; attached hereto as Annex "C" is Certification to file Action;

12. That by reason of the foregoing unjust and illegal act of defendants, plaintiffs were forced to bring instant action and contract the services of the undersigned counsel with whom they bind themselves to pay P30,000.00 as attorney's fees.

WHEREFORE, it is most respectfully prayed of this Honorable Court to declare null and void the document (Annex "B") of declaration of heirs and confirmation and to order the partition of the land into seven (7) equal parts; each part shall respectively go to the seven (7) children of Casimero Tautho and considering six (6) of them died already the same shall go to their children or descendants, and to order the defendants to pay plaintiffs attorney's fees in the amount of P30,000.00.

Plaintiffs further pray for such other reliefs.

Question: What Court has jurisdiction over the above complaint? Explain.

8. Read the agreement below:

“Na alang-alang sa halagang DALAWANG DAAN AT SAMPUNG LIBONG PISO (P210,000), salaping gastahin, na aking tinanggap sa mag[-]asawa nila G. AT GNG. FELINO MERCADO, mga nasa hustong gulang, Filipino, tumitira at may pahatirang sulat sa Bgy. Maravilla, bayan ng Nagcarlan, lalawigan ng Laguna, ay aking ipinagbili, iniliwat at isinalin sa naulit na halaga, sa nabanggit na mag[-] asawa nila G. AT GNG. FELINO MERCADO[,] sa kanila ay magmamana, kahalili at ibang dapat pagliwatan ng kanilang karapatan, ang lahat na ibubunga ng lahat na puno ng lanzones, hindi kasama ang ibang halaman na napapalooban nito, ng nabanggit na WALONG (8) Lagay na Lupang Cocal-Lanzonal, sa takdang LIMA (5) NA [sic] TAON, magpapasimula sa taong 1993, at magtatapos sa taong 1997, kaya’t pagkatapos ng lansonesan sa taong 1997, ang pamomosision at pakikinabang sa lahat na puno ng lanzones sa nabanggit na WALONG (8) Lagay na Lupang Cocal-Lanzonal ay manunumbalik sa akin, sa akin ay magmamana, kahalili at ibang dapat pagliwatan ng aking karapatan na ako ay walang ibabalik na ano pa mang halaga, sa mag[-] asawa nila G. AT GNG. FELINO MERCADO.

Na ako at ang mag[-]asawa nila G. AT GNG. FELINO MERCADO ay nagkasundo na ako ay bibigyan nila ng LIMA (5) na [sic] kaing na lanzones taon-taon sa loob ng LIMA (5) na [sic] taon ng aming kasunduang ito.

Na ako at ang mag[-]asawa nila G. AT GNG. FELINO MERCADO ay nagkasundo na silang mag[-]asawa nila G. AT GNG. FELINO MERCADO ang magpapaalis ng dapo sa puno ng lansones taon-taon [sic] sa loob ng LIMA (5) [sic] taonng [sic] aming kasunduang it .

Question: What kind of contract is entered in this agreement?Explain.

9.Define the following contracts: (1) Antichresis (2) Precarium (3) mutuum (4) necessary deposit (5) surety

10. Is an action for the refund of partial payments of the purchase price of a building covered by an oral agreement to sell it with an oral promise to assign the contract of lease on the lot where the building is constructed barred by the Statute of Frauds?

QUESTIONS FROM THE REVIEWER PART 2

1.A and B entered into a contract of pledge, with a stipulation that in case of non-payment of A’s obligation, B shall effect the alienation of the thing to answer for the obligation of A. There is an added stipulation that if the thing is sold for less than the amount of the obligation, the debtor shall be liable for the deficiency? Is the stipulation valid? Why? P.807

2.If in a chattel mortgage there is a promise to include debts that will be incurred in the future, is it binding upon the parties?

3.X borrowed money from Y in 1970 where Z acted as the guarantor. Payments should have been made in 1974 but X failed to do so, hence, Y demanded payment. Since X and Y are close friends, no suit was made. In 1990, Z without notifying X, paid Y and later demanded the payment of the obligation from him. X refused, therefore a suit for collection of sum of money was filed. Will the action prosper? Why? P 789

4.X borrowed from Y money to gamble. He lost. Y the creditor, demanded from X the payment of the obligation when it became due and demandable, but X refused to pay contending that it was the result of gambling. Is this contention valid? Why? 780

5.X is a guest at a hotel. He parked his car at the parking area of the hotel. The car was carnapped by one of the guards of the hotel. Is the hotel-keeper liable for damges? Why? Suppose it was the group of armed men who tool the car to the extent of killing the guard. Will your answer be the same? 771

6.X, an external auditor of ABC FIRM was sent to Cebu to conduct an audit on one of the firm’s clients. He was given a cash advance of P10,000 with the condition that he would liquidate the same within five days upon his arrival. He failed to liquidate, hence, he was sued for estafa. If you were the judge, would you convict X as charged? Why? 754

7.A constituted B as his agent specifically for the purpose of selling A’s Mercedes car. Instead of selling the said care, B sold the brand new Cadillad of A, the limits of B’s authority being known to C,the buyer. Is the contract valid? Explain. 735

8.Distinguish a limited partner from a general partner.

9.X is the owner of a parcel of land covered by a title. He sold it to Y but the latter failed to register it. X sold it to Z one year later. Before Z registered the sale, he came to know of the sale between X and Y. Between Y and Z, who has a better right? Why?

10.X stole a ring belonging to Y and sold it to Z. Suppose Y finds it in the possession of Z, can she recover it from Z? Why? 591