CIVIL LAW FUNDAMENTALS Private International Law

REMINDERS
1. Q: What is characterization or the doctrine of
1. The following material does not predict bar qualification? (Saudi Arabian Airlines v. Court of
questions. It is meant to orient and prepare the Appeals, G.R. No. 122191, October 8, 1998)
mind to approach questions in Civil Law.
2. Do not base your answers on logic, political A: It is the "process of deciding whether or not the facts
beliefs or sense of morality. All answers must be relate to the kind of question specified in a conflicts
based on a LEGAL PRINCIPLE. Cite a rule." The purpose of "characterization" is to enable the
constitutional provision (do not quote the forum to select the proper law.”
provision, just state the principle), a statutory
provision, a legal doctrine, or jurisprudence (no 2. Q: What is a borrowing statute? (LWV Construction
need to cite the case title). Corp. v. Dupo, G.R. No. 172342, July 13, 2009; Cadalin v.
3. Do not use political law, criminal law or POEA Administrator, G.R. No. 104776, 104911-14,
remedial law concepts in answering Civil Law 105029-32, December 5, 1994)
questions.
4. Think long, write short. Please go straight to the A: A "borrowing statute" directs the state of the forum
point and DO NOT use up an entire page for an to apply the foreign statute of limitations to the pending
answer. TRY YOUR BEST TO LIMIT THE claims based on a foreign law (Siegel, Conflicts, 183
ANSWER TO NO MORE THAN 3-4 [1975]).
SENTENCES.
5. Make sure the answer is COMPLETE. It is
complete if it has a LEGAL PRINCIPLE AND IT 3. Q: What is processual presumption or the presumed
IS APPLIED TO THE FACTS. To get full points, identity approach?
the answer must be SHORT and COMPLETE.
6. Take time to choose the proper words to use in A: In the absence of proof, foreign law is presumed to be
your answer. In the suggested answers below, the same as Philippine law.
the magic words are in bold. Remember that the
4. Q: X, an American residing in the United States,
examiner is looking for certain words or
while in the United States, committed an act over the
phrases.
internet which caused damage to Y, a Filipino residing
in the Philippines. Y filed an action for damages
YOU WILL PASS THE BAR. TIWALA.
against X in the Philippines.

a. What is the choice of law rule that the court will use
to determine if it has subject matter jurisdiction?

A: Lex fori (People v. Navida, G.R. Nos. 132239-40,

ACKNOWLEDGMENTS
December 4, 2000)
Subject Expert Prof. Solomon F. Lumba
b. What is the choice of law rule that the court will
Layout Hannah F. Plopinio apply to determine how summons will be served?

A: Lex fori.

c. What is the choice of law rule that the court will use
to determine if the actions has prescribed?

A: Lex loci delicti commissi/lex loci actus.

(LWV Construction Corp. v. Dupo, G.R. No. 172342, July
13, 2009; Cadalin v. POEA Administrator, G.R. No. 104776,
104911-14, 105029-32, December 5, 1994)
5. Q: X, a Filipino, and Y, an American, married in
Singapore. In their marriage settlement, they

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stipulated that their property relations shall be certificate of the child reflected H as the legitimate
governed by British law. During their marriage, they father. During the intestate proceedings of H, W
acquired properties in the Philippines and the US. assailed the legitimacy of the child. Can she do so?
Subsequently, X filed a petition for declaration of Explain. (Art. 167, FC; Babiera v. Catotal, G.R. No.
nullity in the Philippines. Choose the letter(s) 13849, 15 June 2000)
corresponding to the answer(s) which is/are most
correct. In determining their property relations for the A: Yes. She is not impugning the legitimacy of a child
purpose of partitioning their properties, the court will born from her womb but from that of another.
apply:
10. Q: Maria is biologically intersexual, genetically
A: British law. (Art. 80 FC) female, whose gender identity is male but sexual
preference is female. She filed a petition to change the
6. Q: Norma, a Filipino, and Ernst, a Norwegian, were entry in her birth certificate from female to male
married in Norway and blessed with a son. After they because she subsequently wanted to apply for a
divorced in Norway, Norma, who got custody of their marriage license to marry Samantha, a female. Should
son, filed in the Philippines a petition for support. the petition be granted? Explain. (Republic v.
Ernst answered that under Norwegian law, he is not Cagandahan, 568 SCRA 72 [2008])
bound to give support. Supposing this is true, will
Norma’s petition prosper? Explain. (Del Socorro v. Van A: Yes, because in case of intersexuals, gender identity is
Wilsem, G.R. No. 193707, [December 10, 2014]) the determining factor of legal sex.

A: Yes. The Rules of Court and the jurisprudence laid 11. Q: Distinguish the following alternative child care
down in Yao Kee, et al. vs. Sy-Gonzales, state that when systems – adoption, guardianship and fostering in
the foreign law, judgment or contract is contrary to a terms of parental authority. (Sec. 17, A.M. 03-02-05 SC;
sound and established public policy of the forum, the Secs. 6, 7, RA 10165)
said foreign law, judgment or order shall not be applied.
A: The adoptive parents exercise parental authority, the
Persons guardian exercises substitute parental authority, the
foster parent exercises parental authority, but with
7. Q: Mario, a Filipino, married Kathleen, an American, respect to punishment, only special parental authority.
in the Philippines. Subsequently, Mario filed for
divorce in the US which was granted. He then married 12. Q: The father filed a petition for judicial approval
Maria, another Filipino, in the US. However, their of his recognition of his minor illegitimate child,
relationship did not work out so he again filed for praying that the name of said child be changed to his
divorce. When the decree was granted, he was already surname. The mother opposed on the ground that the
an American citizen. He then married Jacklyn, another change of surname requires her consent, which she
Filipina, in the US. Is Mario’s marriage to Maria valid refuses to grant. Will her opposition prosper? (Grande
in the Philippines? Is his marriage to Jacklyn valid in v. Antonio, G.R. No. 206248, February 18, 2014)
the Philippines? (Republic v. Manalo, G.R. 221029,
April 24, 2018; Quita v. Dandan, 300 SCRA 406 [1998]) A: Yes. The general rule based on Art 176 of the FC is
that an illegitimate child shall use the surname of his or
A: Both are valid. A Filipino married to a foreigner can her mother. The exception provided by RA 9255 is, in
institute divorce proceedings. Furthermore, a divorce case his or her filiation is expressly recognized by the
filed by a Filipino is valid if at the time of the decree, he father through the record of birth appearing in the civil
was already a foreigner register or when an admission in a public document or
private handwritten instrument is made by the father.
8. Q: What is the sole instance when a marriage is void
but the property relation of the parties is ACP/CPG?
(Valdes v. RTC, G.R. No. 122749, 31 July 1996)

A: When the reason for voidness is due to a lack of prior

declaration of nullity of a prior void marriage.

9. Q: H and W are married. H had an extramarital

relationship that resulted in a child. The birth
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13. Q: H and W are married under the CPG with one 15. Q: H marries W1 in 1974 and they had a son. While
child. Answer the questions in the top row by placing a that marriage is subsisting, he marries W2 without a
“YES”, “NO”, “ACP”, “CPG”, “SOP”, “147” or “148” in license in 1979. Thereafter, he marries W3 in 1984. For
the appropriate box based on the facts in the leftmost which marriage can H be held criminally liable for
column. bigamy, if any? Explain.

Is their What is their A: For the marriages to W2 and W3 since there was a
child property regime subsisting marriage with W1.
legitimate? during the
marriage or 16. Q: Jose and his spouse Maria agreed that the former
cohabitation? would disappear while the latter would have him
The marriage is No CPG declared presumptively dead so that they could each
declared void for pursue their own happiness. After the declaration was
lack of declaration secured, Jose married Corazon who did not know of
of nullity of H’s his prior marriage, while Maria married Pedro who
former marriage also had no knowledge of her prior marriage. What is
The marriage is Yes Art. 147 the status of the marriage of Jose and Corazon? Maria
declared void for and Pedro? Explain.
failure of H to
deliver the A: Jose and Corazon’s marriage is void since the person
presumptive declared presumptively dead cannot avail of such
legitime of his child declaration of validate a subsequent marriage. Maria
from a former and Pedro’s marriage is voidable since Pedro is in good
marriage faith.
The marriage is Yes CPG
terminated by the 17. Q: The wife discovered that her husband had had
filing of an affidavit her declared presumptively dead. He then married
of reappearance of another who was in good faith. Can the wife still have
H’s first spouse the 2nd marriage declared void? Explain. (See Santos v.
The marriage was Yes SOP Santos, G.R. No. 187061, 8 October 2014)
celebrated without
settling the estate of A: Yes, by filing a petition for annulment of judgment
H’s first spouse under Rule 47 and, if granted, a petition for declaration
within a year after of nullity. She cannot file the latter immediately since the
death declaration of presumptive death operates as res
H has legitimate Yes CPG judicata. She must first have that judgment vacated. Just
child by a former filing an affidavit of reappearance will not do since the
marriage 2nd marriage will merely be voidable.

Succession
14. Q: H marries W1 in 1974 without a license. While
that marriage is subsisting, he marries W2 in 1979. 18. Q: The spouses executed a deed of donation in a
Thereafter, he marries W3 without a license in 1984. public document entitled "Donation Mortis Causa" in
For which marriage can be held criminally liable for favor of two of their three children, which states that:
bigamy, if any? Explain. (See Castillo v. De Leon “It is our will that this Donation Mortis Causa shall be
Castillo, G.R. No. 189607, 18 April 2016) irrevocable. It is our further will that this Disposition
and Donation shall be operative and effective upon the
A: For the marriage with W3. Since the marriage to W1 death of the donors.”
was void and the marriage to W2 was pre-FC, there was
no need for a prior declaration of nullity. Thus, the The deed had no attestation clause and was witnessed
marriage to W2 was valid and the marriage to W3 was by only two persons. The donees, however, signified
bigamous. their acceptance of the donation on the face of the
document. After the spouses died, the omitted child
filed a petition for the probate. The other two moved to
dismiss because the deed was a donation, not a will.

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Are they correct? (Del Rosario v. Ferrer, G.R. No. death and collatable inter vivos donations. An example
187056, September 20, 2010) of a non-collatable inter vivios donation is the
A: Yes. The Supreme Court has liberally interpreted the educational expense for a child.
phrase “operative and effective after the death of the
donors” and similar phrases to mean that the donors Collation as imputation – impute inter vivos donations
merely reserve the usufruct over the property, unless to the legitime of a forced heir unless the testator
there are other terms in then deed that would indicate expressly stipulates that it is not collatable in which case
otherwise. it will be imputed to the free portion.

Collation as return – reduce the donations inter vivos,

19. Q: The attestation clause states that it "consists of 7 legacies, devices that impair the legitime
pages including the page on which the ratification and
acknowledgment are written". The will actually Property
consists of 8 pages including its acknowledgment. Can
it be allowed? Explain. (Lopez v. Lopez, G.R. No. 22. Q: Pedro and Lito are co-owners of titled land.
189984, November 12, 2012) During the co-ownership, Lito built a house thereon
with Pedro’s consent. Thereafter, Pedro filed an action
A: No. “The law is clear that the attestation must state for partition. Any which way the land is partitioned, a
the number of pages used upon which the will is portion of Lito’s house would always encroach upon
written. The purpose of the law is to safeguard against Pedro’s land. What are Pedro’s rights? (Del Ocampo v.
possible interpolation or omission of one or some of its Abesia, G.R. L-49219; 15 Apr 1988)
pages and prevent any increase or decrease in the pages.
 Appropriate said portion of the house of
While Article 809 allows substantial compliance for defendants upon payment of indemnity to
defects in the form of the attestation clause, Richard defendants as provided for in Art. 546 CC.
likewise failed in this respect. The statement in the  Oblige the defendants to pay the price of the
Acknowledgment portion of the subject last will and land occupied by their house.
testament that it "consists of 7 pages including the page o If the price asked for is considerably
on which the ratification and acknowledgment are much more than the value of the portion
written" cannot be deemed substantial compliance. The of the house of defendants built thereon,
will actually consists of 8 pages including its then the latter cannot be obliged to buy
acknowledgment which discrepancy cannot be the land.
explained by mere examination of the will itself but o Defendants shall then pay the
through the presentation of evidence aliunde.” reasonable rent to the plaintiffs upon
such terms and conditions that they may
20. Q: Explain the lines of transmission in reserva agree. (Art. 448 CC)
troncal? (Mendoza v. Delos Santos, G.R. No. 176422,
March 20, 2013) 23. Q: X owns a 2-story building near the beach with
wall-to-wall windows on the 2nd floor that gives him a
A: There are three (3) lines of transmission in reserva perfect view of the Pacific Ocean. The beach front
troncal owner in front of him started to construct a 10-story
 By gratuitous title, whether by inheritance or building right along their common property line which
donation, from an ascendant/brother/sister to a would totally obstruct his perfect view. Does he have a
descendant called the prepositus. remedy? (669, 673 NCC)
 By operation of law from the prepositus to the
other ascendant or reservor, also called the A: No. Because he has not yet acquired an easement of
reservista. light. This easement is acquired 10 years after serving a
 From the reservista to the reservees or notarial prohibition, in which case the servient estate
reservatorios who must be relatives within the would be obligated to construct 3 meters away from the
third degree from which the property came. property line.

21. Q: Enumerate and define the 3 types of collation.

A: Collation as computation – to determine the gross

estate, add the properties of the testator at the time of
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24. Q: Which kinds of donations need to be in possessor of titled land in bad faith
writing/in a public instrument? (Art. 748 NCC) Accion publiciana against possessor 10
of untitled land in good faith
Offer Acceptance Accion publiciana against possessor 10
of untitled land in bad faith
Writin Public Writin Public Accion publiciana against possessor 10
g instrume g instrume of titled land in good faith
nt nt Accion publiciana against possessor 10
of titled land in bad faith
Immovabl    
Action for reconveyance when Imprescriptible
e
plaintiff is in possession
Movable  
worth
more than 27. Q: X, the owner of untitled land, was dispossessed
5K by Y for 2 years under a claim of ownership. X
recovered the land but was dispossessed again by Y
Other after 6 months. Assuming Y is in good faith, how long
movables does he need to acquire the land by prescription. (Arts.
1120-1123, 1155, NCC)

25. Q: In 1981, X donated land to the barangay on the A: 7.5 years.

condition that it would develop the area within 5 years,
if not, the donation will be deemed automatically 28. Q: Which of the following easements may be
revoked. The barangay failed to develop the land. In acquired by prescription?
1990, X filed a complaint for revocation donation and
recovery of possession of the land. Will the complaint A: Continuous, apparent, positive, and negative.
prosper? Explain. (10 points; Dolar v. Barangay Lublub, (Arts. 620-622, NCC)
G.R. No. 152663, November 18, 2005)
29. Q: Indicate if the easements on the left column are
A: Yes. “When a deed of donation, . . . expressly continuous, discontinuous, apparent, non-apparent,
provides for automatic revocation and reversion of the positive, negative, or can be acquired by prescription.
property donated, the rules on contract and the general
rules on prescription should apply, and not Article 764 Con Disco Ap No + Prescripti
of the Civil Code. . . . The Court can grant that the t. nt. p. n- - on
prescription of actions for the revocation of onerous app
donations, as here, are governed by the general rules on .
prescription, which, in context, is Article 1144 of the Natural X X X X
Civil Code providing that actions upon a written drainag
contract shall be brought within ten (10) years from e
accrual of the right of action.” Aqued X X X X
uct
26. Q: Indicate the prescriptive period for the following Right X X X
actions (Arts. 555, 1140-41, NCC; PD 1529) of way
View X X X
Reopening decree of registration of 1
an OCT
Accion reivindicatoria against 10
possessor of untitled land in good
faith
Accion reivindicatoria against 30
possessor of untitled land in bad
faith
Accion reivindicatoria against Imprescriptible
possessor of titled land in good faith
Accion reivindicatoria against Imprescriptible
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30. Q: X was accused of theft for stealing the business good faith. B annotated his sale first, although by that
of PLDT by “conducting International Simple Resale time, he became aware of the first sale to A. Who as
(ISR), which is a method of routing and completing between A and B has the better right? Explain. (10
international long distance calls using lines, cables, points; Spouses Sabitsana, Jr. v. Muertegui, G.R. No.
antennae, and/or air wave frequency which connect 181359, August 5, 2013)
directly to the local or domestic exchange facilities of
the country where the call is destined”. He moved to A: A, based on Article 1544 NCC, since he was first in
quash the information on the ground that the offense possession through constructive delivery by virtue of a
charged does not constitute an offense because a public instrument. Even though B annotated first, he
business is not personal property that can be stolen. was already in bad faith by that time.
Should the motion be granted? Explain. (Laurel v.
Abrogar, G.R. No. 155076, January 13, 2009) 33. Q: X constructed a building worth 100K on the land
of Y worth 100K. Both are in good faith. When Y
A: No. If something can be appropriated and is not real discovered the construction, he demanded that X
property, then it is personal property. remove the construction, which the latter refused,
causing X to file an action praying for removal of the
“Interest in business was not specifically enumerated as structure. Will the action prosper? Explain. (10 points;
personal property in the Civil Code in force at the time Torbela v. Spouses Rosario, G.R. No. 140528, 140553,
the above decision was rendered. Yet, interest in December 7, 2011)
business was declared to be personal property since it is
capable of appropriation and not included in the A: No. “The landowner has to make a choice between
enumeration of real properties. Article 414 of the Civil appropriating the building by paying the proper
Code provides that all things which are or may be the indemnity or obliging the builder to pay the price of the
object of appropriation are considered either real land. But even as the option lies with the landowner, the
property or personal property. Business is likewise not grant to him is preclusive. He must choose one. He
enumerated as personal property under the Civil Code. cannot compel the owner of the building to remove the
Just like interest in business, however, it may be building from the land without first exercising either
appropriated. Following the ruling in Strochecker v. option. It is only if the owner chooses to sell his land,
Ramirez, business should also be classified as personal and the builder or planter fails to purchase it where its
property. Since it is not included in the exclusive value is not more than the value of the improvements
enumeration of real properties under Article 415, it is that the owner may remove the improvements from the
therefore personal property.” land. The owner is entitled to such remotion only when,
after having chosen to sell his land, the other party fails
31. Q: X sold and delivered his unregistered land to A, to pay for the same.”
the sale being evidenced by an unnotarized deed of
sale. Thereafter, he sold the same parcel of land to B 34. Q: Johnny and Jane were co-owners of a parcel of
via a notarized deed of sale. B caused the same to be land. Johnny demanded that the land be partitioned.
registered in good faith in the Registry of Deeds. When Jane acceded. Accordingly, they had an agreement
B discovered that A was already in the land, he sued extrajudicially partitioning the land wherein the
the latter for possession. Will the suit prosper? Explain. northern half was allocated to Johnny while the
(Spouses Sabitsana, Jr. v. Muertegui, G.R. No. 181359, southern half went to Jane. After the partition, Johnny
August 5, 2013) was sued by Jericho who alleged that he owned the
northern portion allocated to him. Jericho won.
A: No. What applies in this case is Act No. 3344, as Thereafter, Johnny sued Jane alleging that he was
amended, which provides for the system of recording of entitled to one-half of the southern portion that was
transactions over unregistered real estate. Act No. 3344 allocated to her under the agreement. Will the suit
expressly declares that any registration made shall be prosper? Explain. (10 points; Art. 501 NCC)
without prejudice to a third party with a better right.
A: Yes. Under Article 501 NCC, “Every co-owner shall,
X can no longer sell the land to B since he does not own after partition, be liable for defects of title and quality of
it anymore. The rules on double sale under Article 1544 the portion assigned to each of the other co-owners.”
NCC do not apply since the land is unregistered.

32. Q: X sold his registered land to A, and then to B,

through notarized deeds of sale. A and B are buyers in
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 Obligations & Contracts

35. Q: X purchased a car from Y. Under their contract, Y

would deliver the car after 10 days from payment. Y
delivered on the 30th day. X sued to recover damage for
the delay. Y moved to dismiss for failure of the
complaint to state a cause of action since there is no
delay without prior demand. X opposed the motion
because in reciprocal obligations such as a sale,
demand is not necessary for delay to exist. Should the
motion be granted? Explain. (Solar Harvest, Inc. v.
Davao Corrugated Carton Corp., G.R. No. 176868, July
26, 2010)

A: Yes. In reciprocal obligations that require

simultaneous performance, demand is not necessary to
constitute delay. If non-simultaneous, it is.

36. Q: Castillo and Olivarez Realty Corporation

entered into a contract where the former would deliver
possession of land and execute a Deed of Absolute
Sale after the latter completed 20 installments.
However, after the 10th installment, the latter could no
longer pay due to lack of funds. Accordingly, it
demanded return of the installments paid, which the
former refused. Assuming this goes to court, who will
win? Explain. (Olivarez Realty Corp. v. Castillo, G.R.
No. 196251, July 9, 2014)

A: Olivarez will win. What they entered into was a

contract to sell since they would still have to enter into a
contract of sale (Deed of Absolute Sale) upon fulfillment
of the suspensive condition (completion of installments).
Non-fulfillment of the condition is not a breach of a
contract to sell. It just means that there will be no
contract of sale. Thus, Olivarez is entitled to return of its
installments.

37. Q: What is the principle of relativity of contracts?

(Metropolitan Bank and Trust Co. v. Chiok, G.R. Nos.
172652, 175302 & 175394, [November 6, 2014])

A: Contracts can only bind the parties who entered into

it, and it cannot favor or prejudice a third person, even if
he is aware of such contract and has acted with
knowledge thereof.

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