Exam 3: Property and Family Law

Marvin was married to Charina on February 14, 1990. Charina gave birth to a baby girl she named Noreen. Due to irreconcilable differences, Marvin left the conjugal dwelling. Charina, on the other hand fell in love with David and they decided to live together as husband and wife on May 12, 1992. Six (6) years after or on September 8, 1998, Marvin died in an accident. Free at last, Charina and David decided to get married on February 14, 2000 executing an affidavit that they have been living together as husband and wife for more than five (5) years. The marriage took place but the solemnizing officer failed to execute an affidavit that he ascertained the qualifications of the contracting parties. Two (2) years later, Charina died living a considerable amount of properties. Noreen, assisted by her grandparents, filed a petition questioning the validity of her marriage to David. If you were the judge, how will you decide on the petition?

May a local ordinance extinguish a legal easement?

In land registration cases, the court may acquire jurisdiction only after:

A Torrens Title is not a protection in alluvium?

Donation of the same thing to two or more persons shall be governed by the rule on double sale?

Accession is not a mode of acquiring ownership?

Magdalene and Shantung Company entered into a contract of agency before the consul general of the Philippines in Singapore. They stipulated that Magdalene shall be the administrator of the real properties of Shantung Company in the said country. By virtue of the said contract, Magdalene sold the 1 hectare land of Shantung Company located in Singapore to Mayhem Real Estate Corporation without any special power of attorney. The said contract of sale was executed before the vice consul of the Philippines in Singapore. Under the laws of Singapore, the sale of a real property by an agent without a special power of attorney is valid. Shantung Company filed a suit for the annulment of the contract of sale on the ground that Magdalene has no authority to sell the property. If you were the judge, which of the following courses of action should you take?

Finder of lost movable property is guilty of the crime of theft if he keeps the thing to himself?

In formation of an island, the owner of the nearest margin/distance is the owner of the new island?

A condominium buyer is entitled to the issuance of the Condominium Certificate of Title as a matter of right.

Spouses Reynaldo and Ana decided to separate and to voluntary dissolve their conjugal partnership. Hence, they executed a public document wherein they declare that they had no debts, that they were voluntarily dissolving their conjugal partnership, and that each of them would thereafter be free to acquire or dispose of any property independently of the other. Thereafter, they lived apart. Ana engaged in business which unfortunately failed. Reynaldo, on the other hand, continued to be gainfully employed and was able to acquire properties through his own efforts. The creditors of Ana obtained a judgment against the latter which they could not satisfy because Ana was insolvent. Could the creditors of Ana obtain satisfaction of the judgment out of the properties of Reynaldo?

The doctrine of "Hot Pursuit" is an exemption to that a person should not take the law into his own hands.

In the contract of usufruct, the owner of the property is being called the naked owner. Why?

The nature of action in Quieting of Title is in personam.

Noel and Liza were sweethearts. Liza became pregnant. Knowing that Noel was preparing for the bar examinations, Miguel, a lawyer and cousin of Liza threatened Noel with the filing of a complaint for immorality in the Supreme Court, thus, preventing him from taking the examinations unless he marries Liza. As a consequence of the threat, Noel married Liza. Can the marriage be annulled on the ground of intimidation under Article 45 of the Family Code?

Easement is always a real right.

A possessor in bad faith of a land is entitled for reimbursement as a matter of right?

Clark Kent, an American national, married Darna dela Cruz, a Filipino Citizen last March 8, 1992 with a valid marriage license. It appears that Clark Kent was issued a certificate of legal capacity to contract marriage after the celebration of the marriage. The U.S. embassy claims that such marriage is void from the beginning. Is the contention of the U.S. embassy tenable?

All installment buyers of real estate are protected by R.A. 6552 (Maceda Law).

Donation is both an act and a contract.