[/b]TE VS.

COURT OF APPEALS 346 SCRA 327

CIVIL LAW REVEIW

FACTS:[/b] 1. Petitioner Arthur Te and private respondent Liliana Choa were married in civil rights on September 14, 1988. 2. They did not live together after the marriage although they would meet each other regularly. 3. Private gave birth on April 21, 1989 and petitioner stopped visiting her. 4. On May 20, 1990, while his marriage with private respondent was subsisting, petitioner contracted a 2nd marriage with a certain Julieta Santella. 5. Private respondent charged petitioner with Bigamy, which was filed in the RTC of Quezon City. 6. Meanwhile, petitioner filed in the RTC of Quezon City an action for the annulment of his marriage to private respondent on the ground that he was forced to marry her. 7. He alleged that private respondent concealed her pregnancy by another man at the time of their marriage and that she was psychologically incapacitated to perform her essential martial obligations. 8. Private respondent also filed with the PRC an administrative case against petitioner and Santella for the revocation of their respective Engineering licenses. 9. After the prosecution rested its case in the criminal case for bigamy, petitioner filed a demurrer to evidence with leave of court. 10. The trial court in its Order denied petitioners Demurrer to Evidence stating that the Demurrer could not be granted because the prosecution had sufficiently established a prima facie case against the accused. 11. Petitioner also filed with the Board of the PRC a Motion to suspend the proceedings in view of the pendency of the civil case for annulment of his marriage and the criminal case for bigamy. 12. The Board denied the Motion. 13. Petitioner then filed a Petition for Certiorari with the Court of Appeals. 14. The CA affirmed the RTCs and the Boards decision. 15. Hence, this petition. ISSUE: Did the pendency of a civil case give rise to a prejudicial question in a criminal case for bigamy. Can there be a prejudicial question if one of the cases is administrative in nature? HELD: A prejudicial question has been defined as one based on a fact distinct and separate from the crime but so intimately connected with it that it determines the guilt or innocence of the accused, and for it to suspend the criminal action, it must appear not only that said case involves facts intimately related to those upon which the criminal prosecution would be based but also that in the resolution of the issue or issues raised in the civil case, the guilt or innocence of the accused would necessarily be determined.. The rationale behind the principle of suspension a criminal case in view of a prejudicial question is to avoid two conflicting decisions.

The CA did not err when it ruled that the pendency of the civil case for annulment of marriage filed by petitioner against private respondent did not pose a prejudicial question which would necessitate that the criminal case for bigamy be suspended until said civil case is terminated. The outcome of the civil case for annulment of petitioners marriage to private respondent had no bearing upon the determination of petitioners innocence or guilt in the criminal case for bigamy, because all that is required for the charge of bigamy to prosper is that the first marriage be subsisting at the time the 2nd marriage is contracted. Petitioners argument that the nullity of his marriage to private respondent had to be resolved first in the civil case before the criminal proceedings could continue, because a declaration that their marriage was void ab initio would necessarily absolve him from criminal liability, is untenable. The ruling in PEOPLE VS. MENDONZ (95 Phil 843) and PEOPLE VS. ARAGON (100 Phil 1033) cited by petitioner that no judicial decree is necessary to establish the invalidity of a marriage which is void ab initio has been overturned. The prevailing rule is found in Article 40 of the Family Code, which was already in effect at the time of petitioners marriage to private respondent in September 1988. Said article states that the absolute nullity of a previous marriage may not be invoked for purposes of remarriage unless there is a final judgment declaring such previous marriage void. Thus, under the law, a marriage, even one which is void or voidable, shall be deemed valid until declared otherwise in a judicial proceeding. In LANDICHO VS. RELOVA (22 SCRA 731) the SC held that Parties to a marriage should not be permitted to judge for themselves its nullity, for this must be submitted to the judgment of competent courts and only when the nullity of a marriage is so declared can it be held as void, and so long as there is no such declaration the presumption of marriage exits.

Neither did the filing of said civil case for annulment necessitate the suspension of the administrative proceeding before the PRC Board. The concept of prejudicial question involves a civil and a criminal case. The SC previously ruled that there is no prejudicial question where one case is administrative and the other is civil.

CIVIL LAW REVEIW 1

John and Marsha, American citizens of legal age, came to the Philippines and exchanged marriage vows at the Manila Cathedral. They gave at least two (2) reasons why they decided thus. Firstly, they believe that church wedding in the Philippines are sanctified and secondly, because absolute divorce, generally is not allowed in the Philippines and therefore there is less opportunity to put asunder what God had joined together, which is of course the idea of marriage. Q1: What can you say about the second reason with respect to their situation? (20 pts.) Five years later, John and Marsha came to realize that the place of celebration of marriage does not guarantee its success. The spouse of five years obtained a divorce decree in Las Vegas, Nevada where they are residents.

Q2: Will the divorce decree granted in Las Vegas, Nevada be recognized in the Philippines? (20 pts.) Jane, a beautiful 16 year old Texan, decided to marry Juanito, a computer engineering and native of Baguio. Jane presented to the Local civil Registrar of Baguio City a certificate of legal capacity to marry, attesting among others, that in Texas, USA, a 16 year old can freely marry. A valid marriage license was issued and they were married in a simple civil ceremony solemnized by the City Mayor of Baguio. Q3: Is the marriage valid, void, voidable? Reason out your answer. (10 pts.) Suppose the marriage of the above-mentioned parties is held at the US Embassy in Manila, officiated by the US Consular official. Q4: Will a validly issued marriage license in the Philippines be required? Reason out your answer. (10 pts.) Suppose their marriage (Jane and Juanito mentioned above) is celebrated in Texas, USA where state law allows 16 year old to marry. Q5: Will the marriage be considered valid here considering the provisions of Art. 26, par. 1 FC, which provides, All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they are solemnized, and valid, there is such, shall also be valid in the country, except those prohibited under Article 35(1)? Reason our your answer. (20 pts.) Tony and Maria have been living together as husband and wife. Tony cannot marry Maria because his previous valid marriage was still existing. On the 6th year of their cohabitation, Tony became a widower. A full year later, Tony and Maria were married without bothering to obtain a valid marriage license. Q6: Is their marriage valid, voidable or void? Reason our your answer. (10 pts.) Q7: Will your answer be the same if from the beginning of their cohabitation Tony had no legal impediment to marry? Support your answer. (10 pts.)

CIVIL LAW REVIEW 1

In their marriage settlement the would be spouses agreed on the following: 1. That CPG would govern their property relations whereby all their separate properties, including all the proceeds, fruits and income form them shall remain the separate and exclusive properties of each of them during the marriage; 2. That by reason of their forthcoming marriage the would be husband donates to the would be wife fifty percentum ( 50%) of the value of all his interest, rights and claims over the property that he acquired by succession which is the only property that he owns;

3. That the donation propter nuptias shall come into effect only if they remain childless and that one of the spouse would have to die before the donation would operate; 4. That the said donation propter nuptias shall remain effective even in the event the marriage will not be celebrated; and 5. That in case of judicial separation of property, their residual liability from any and all conjugal obligation shall not be solidary as between them. Q1 to Q5: Discuss the validity (or invalidity) of the 5 stipulations mentioned above. (5 pts.) A is validly married to B. While the marriage was still subsisting, A married C. BY reason of the subsequent marriage, C donated in favor of A, a piece of land. Q6: Upon the finality of the judicial decree of nullity of marriage of A and C, what action can C take respecting the donation propter nuptias? (5 pts.) Q7: Will your answer be the same if the donee acted in bad faith? (5 pts.) Q8: Suppose in the above set of facts, the marriage of A and B is in itself void and no declaration of nullity has been obtained prior to the subsequent marriage of A and C and A knows all along that without the said declaration, his subsequent marriage is likewise void, what recourse, if any, is available to C, regarding the donation propter nuptias? (10 pts.) Q9: What is/are considered sufficient cause/s for judicial separation of property? (5 pts.) Q10: a) What are the conditions imposed by law so that payment of fines and indemnities imposed upon either or both spouses may be enforced against the partnership assets? (5 pts.) b) In a case, the lower court decided that before fines and indemnities imposed upon either of the spouses could be paid out of the conjugal assets, the conjugal partnership must first be terminated. Is the lower court position tenable? (10 pts.) Q11: What are the effects of the separation in fact of the spouses upon their conjugal partnership? (10 pts.) In a case, it was proved that the wife while living separately from her husband contracted personal debts without the latters knowledge or consent. After trial the court attached several parcels of land purchased by the husband during marriage, with funds borrowed by him from officemates and subsequently titles thereto were issued under his name, as a married person followed by the name of his wife. Q12: Under the above circumstances, may the conjugal assets be held answerable for the personal debts of the wife? (5 pts.) Q13: Will the fact that the fund used by the husband in the purchase of lands was borrowed from officemates make the property a separate property of the husband pursuant to Article 109(4)? (5 pts.)

CIVIL LAW REVIEW 2

This was our midterm exams!!! 1. X, a doctor, rendered medical services to the daughter0in-law of A and B. May A and B be compelled to pay for such medical services? Explain. 2. A borrowed from B P 50,000.00 and agreed that in case of non-payment on the date stipulated, As house and lot would be sold to B for the amount of P 50,000.00. A contends that his stipulation is void for being contrary to law. Is A correct? 3. A) A passenger on a bus was hurt, but in a criminal case against the driver, said driver was acquitted. The victim sues the owner of the bus for culpa contractual. Will the suit still prosper? B) A passenger on a bus was hurt because of the negligence of the bus driver as well as the negligence of the driver of another vehicle. Who should be liable? 4. A) X sold a particular sewing machine to Y with the stipulation that the same would be delivered on July 5, 1999. On July 7, 1999, the sewing machine was destroyed by lightning without Xs fault. What are the rights and obligations of the parties? B) X entered into a contract with Y whereby the latter agreed to sew the wedding dress of Xs fiance and to deliver the same on or before the wedding day, October 25, 1998. Y fails to deliver the wedding dress on October 25, 1998. When does he incur in delay? 5. X, in a letter addressed to the Board of Director of ABC Colleges, subscribed to 200 shares of stock of P 100.00 per share subject to the condition that she would pay the same after she had harvested fish in her fishpond. X died without paying for the said shares of stock. Is her estate liable for payment of said shares? 6. A borrows P 50,000.00 from B payable in one (1) year. Thereafter, A becomes insolvent. What is the effect of such insolvency? 7. A) A owes B the sum of P 50,000.00 payable on June 15, 1992. B is likewise obligated to pay A the amount of P 10,000.00 payable on July 20, 1992. On July 10, 1992, B assigned his credit against A to C without As knowledge. It was only on July 31, 1992, that A knew of the assignment. In an action for the enforcement of the payment by C assign A, may A set up compensation? B)) A owes B P 10,000.00 due on October 2. B owes A P 2,000.00 due also on October 2. On August 4 (when there was no legal compensation yet), B assigned his P 10,000.00 credit to C with the knowledge but without the consent of A. On October 2, how much can C successfully collect from A? 8. H and W donated a parcel of land to the province of Ilocos Sur on condition that the latter

would build upon the land a schoolhouse and a park, the work to begin within 6 months from the date the parties ratify the donation. The province accepted the donation, and the land was registered in the name of the donee. What kind of condition was set froth in the donation? 9. A borrowed money from B on the strength of two (2) sureties C and D who assumed joint and several liability with A. In a suit for sum of money filed by B, the court rendered judgment against all the defendants (A, C, and D) for the total amount sought by B. But the judgment did not state whether the liability of the defendants was joint or solidary. B then asked for execution on the properties of C, one of the sureties, for the whole obligation. C opposes the execution on the ground that his liability is merely join. Is C correct? 10. A owed B debts already due. A paid for one debt without specifying which. After said payment had been credited, A complained stating that he had the right to choose which debt to pay under the application of payments. Is A justified in his complaint? Explain. 11. A sold B a piece of land with the right to repurchase. Within the time given for redemption, A tendered the amount to B to effect the resale. But B refused. A however did not consign the money in court. A then brought an action in court to compel B to accept the repurchase price. B claims that A should have deposited the money in court, but since A did not do so, and since the period of redemption had already lapsed, A cannot now redeem the property. Was consignation needed here? 12. X borrowed from Y the sum of P 30,000.00. After the loan was contracted, X by means of a letter, authorized the ABC Bank to pay his indebtedness to Y out of whatever loan might be granted to him by said bank. The bank agreed. But the bank paid Y only P 20,000.00 on the date of maturity. Y sued X and the bank for the remaining P 10,00.00. Is the bank liable to Y? 13. On January 1, A wrote B a letter offering a lease contract. On January 8, B wrote a letter of complete acceptance, which was received by A on January 15. But on January 12, B had already written a letter revoking his acceptance. Was there a contract between A and B? 14. A) A donated land to B in a private instrument. B accepted the same in private instrument. B then wanted to have the donation registered but registration requires a public instrument, so B requested A to put down the donation in a public instrument but A refused. B then sued for specific performance to compel A to obverse the necessary form. Will the action prosper? B) A sold to B in a private instrument his land. Later B wanted to have the sale registered, but registration requires a public instrument. May B compel A to execute the needed public instrument?

CIVIL LAW REVIEW 2

This was our midterm exams!!! (Whole of OBLIGATIONS AND CONTRACTS) 1. X, a doctor, rendered medical services to the daughter0in-law of A and B. May A and B be compelled to pay for such medical services? Explain.

2. A borrowed from B P 50,000.00 and agreed that in case of non-payment on the date stipulated, As house and lot would be sold to B for the amount of P 50,000.00. A contends that his stipulation is void for being contrary to law. Is A correct? 3. A) A passenger on a bus was hurt, but in a criminal case against the driver, said driver was acquitted. The victim sues the owner of the bus for culpa contractual. Will the suit still prosper? B) A passenger on a bus was hurt because of the negligence of the bus driver as well as the negligence of the driver of another vehicle. Who should be liable? 4. A) X sold a particular sewing machine to Y with the stipulation that the same would be delivered on July 5, 1999. On July 7, 1999, the sewing machine was destroyed by lightning without Xs fault. What are the rights and obligations of the parties? B) X entered into a contract with Y whereby the latter agreed to sew the wedding dress of Xs fiance and to deliver the same on or before the wedding day, October 25, 1998. Y fails to deliver the wedding dress on October 25, 1998. When does he incur in delay? 5. X, in a letter addressed to the Board of Director of ABC Colleges, subscribed to 200 shares of stock of P 100.00 per share subject to the condition that she would pay the same after she had harvested fish in her fishpond. X died without paying for the said shares of stock. Is her estate liable for payment of said shares? 6. A borrows P 50,000.00 from B payable in one (1) year. Thereafter, A becomes insolvent. What is the effect of such insolvency? 7. A) A owes B the sum of P 50,000.00 payable on June 15, 1992. B is likewise obligated to pay A the amount of P 10,000.00 payable on July 20, 1992. On July 10, 1992, B assigned his credit against A to C without As knowledge. It was only on July 31, 1992, that A knew of the assignment. In an action for the enforcement of the payment by C assign A, may A set up compensation? B)) A owes B P 10,000.00 due on October 2. B owes A P 2,000.00 due also on October 2. On August 4 (when there was no legal compensation yet), B assigned his P 10,000.00 credit to C with the knowledge but without the consent of A. On October 2, how much can C successfully collect from A? 8. H and W donated a parcel of land to the province of Ilocos Sur on condition that the latter would build upon the land a schoolhouse and a park, the work to begin within 6 months from the date the parties ratify the donation. The province accepted the donation, and the land was registered in the name of the donee. What kind of condition was set froth in the donation? 9. A borrowed money from B on the strength of two (2) sureties C and D who assumed joint and several liability with A. In a suit for sum of money filed by B, the court rendered judgment

against all the defendants (A, C, and D) for the total amount sought by B. But the judgment did not state whether the liability of the defendants was joint or solidary. B then asked for execution on the properties of C, one of the sureties, for the whole obligation. C opposes the execution on the ground that his liability is merely join. Is C correct? 10. A owed B debts already due. A paid for one debt without specifying which. After said payment had been credited, A complained stating that he had the right to choose which debt to pay under the application of payments. Is A justified in his complaint? Explain. 11. A sold B a piece of land with the right to repurchase. Within the time given for redemption, A tendered the amount to B to effect the resale. But B refused. A however did not consign the money in court. A then brought an action in court to compel B to accept the repurchase price. B claims that A should have deposited the money in court, but since A did not do so, and since the period of redemption had already lapsed, A cannot now redeem the property. Was consignation needed here? 12. X borrowed from Y the sum of P 30,000.00. After the loan was contracted, X by means of a letter, authorized the ABC Bank to pay his indebtedness to Y out of whatever loan might be granted to him by said bank. The bank agreed. But the bank paid Y only P 20,000.00 on the date of maturity. Y sued X and the bank for the remaining P 10,00.00. Is the bank liable to Y? 13. On January 1, A wrote B a letter offering a lease contract. On January 8, B wrote a letter of complete acceptance, which was received by A on January 15. But on January 12, B had already written a letter revoking his acceptance. Was there a contract between A and B? 14. A) A donated land to B in a private instrument. B accepted the same in private instrument. B then wanted to have the donation registered but registration requires a public instrument, so B requested A to put down the donation in a public instrument but A refused. B then sued for specific performance to compel A to obverse the necessary form. Will the action prosper? B) A sold to B in a private instrument his land. Later B wanted to have the sale registered, but registration requires a public instrument. May B compel A to execute the needed public instrument?

CIVIL CODE CASES:

I. Family Code. A. Psychological Incapacity 1. Republic v. Dagdag February 09, 2001 2. Santos v. Court of Appeals January 04, 1995 3. Republic v. Court of Appeals February 13, 1997 4. Marcos v. Marcos October 19, 2000 5. Pesca v. Pesca April 17, 2001

B. Disposition of Family Dwelling where marriage is declared void ab initio due to psychological incapacity 1. Valdes v. RTC July 31, 1996 C. Effect of Divorce Obtained Abroad by Alien Spouse 1. Llorente v. Court of Appeals November 23, 2000 D. Proof of Marriage 1. Vda. de Jacob v. Court of Appeals August 19, 1999 2. Manzano v. Judge Sanchez March 08, 2001 3. Doecena v. Judge Lapesura March 28, 2001 Reply With Quote Apr 9, 2002 12:12 PM #165 PUGSLEY Banned by Admin Join Date Mar 2000 Location not_in_the_Phil

FINAL EXAMINATIONS : CRIMINAL LAW

1. Ligaya and Bayani were very intimate friends. In fact they had indulged in sexual intercourse more than once. Bayani is reviewing for the bar exams. Bayani noticed that Ligayas abdomen was bulging and believed that she is pregnant. Bayani afraid of the consequences of such pregnancy, he employed violence upon Ligaya in the hope of causing abortion. Ligaya, however, is not pregnant. From the given facts, what crime is committed by Bayani? (10 pts.) 2. Ferdie inflicted a wound on Ponce in a flight. The wound remained open for 32 days. Ponce only cleaned it with soap and warm water. How would you classify the physical injury inflicted by Ferdie on Ponce? Why? (10 pts.) 3. a) Gino threatened Mahinhin that he would kill her husband if she would not have sexual intercourse with him. Because of the threat made by Gino, he succeeded in raping Mahinhin. What crime was committed by Gino? Why? (10 pts.) b) Suppose that in the preceding question, Gino threatened the woman that he would kill her husband if she would not have sexual intercourse with him, and the woman having agreed to the condition imposed by Gino to save her husband, Gino had sexual intercourse with her the following day. What crime is committed by Gino? Explain your answer. (5 pts.) 2. Romeo was informed that his lot was occupied by Juliet who was building a small house there. Romeo immediately went there and by means of violence drove Juliet out of the lot and destroyed whatever was already constructed by Juliet on the lot. What crime was committed by

Romeo? Explain your answer. (10 pts.) 3. Paterno and Liberato broke the wooden gate of the stonewall around the premises of Benigno and once inside took from the yard of the latter building materials lying there. What crime is committed by Paterno and Liberato? Explain your answer. ( 10 pts) 4. a) Distinguish Brigandage from Robbery in Band. (5 pts.) b) Distinguish crime committed by a band from crime committed with the aid of armed men. (5 pts.) 5. 6 persons, all armed, formed a band of robbers for the purposes of committing robbery in the streets of Baguio. Before they could commit any robbery, they were arrested and when investigated they confessed to the foregoing facts. a) For the crime/s are the 6 persons liable? Why? (5 pts.) b) Under what law? (5 pts.) 6. a) Rene Sagasag hired the truck of Beto, driven by the latter entrusted to him to carry and transport Sagasag' merchandize from Baguio to Laguna. Beto did not deliver the merchandise to its destination, but instead took it to Manila and sold it. What crime was committed by Beto? Explain your answer. (5 pts.) b) Magno, taking advantage of the absence of Ecco and the latters family, climbed the only coconut tree in the yard of Ecco and took 6 coconut fruits for the tree. What crime was committed by Magno? Explain your answer. (5 pts.) 7. Colasita, who was buying merchandise in the market for her to resell at her small sari-sari store told Pepay, the owner of the stall in the market, that she was leaving in her stall the bag of merchandise she already bought as she was going to buy rice from the rice section. Pepay agreed to look after the merchandise. When Colasita returned for the bag and asked Pepay for it, the latter denied having received nay merchandise form Colasita. a) What crime is committed by Pepay? Explain your answer. (15 pts.) b) Under what contract in the Civil Code governed Colasita and Pepays agreement in the given facts of the case? (5 pts.) 8. Ciano purchased from Carlito a piece of land for P 100,000.00 on January 20, 1988 and on the same date issued a check dated March 8, 1988, in payment of the land. Carlito executed an absolute deed of sale upon delivery of the check to him by Ciano. Ciano had sufficient funds in the bank when he issued the check but he intended to withdraw the same on March 2, 1988 to pay a car he bought, the payment of which was due on March 7, 1988. On March 2, 1988, Ciano withdrew all his money from the bank. When Carlito presented the check on March 8, 1988, payment was refused by the bank because there was no fund in the name of Ciano to cover the amount of the check

a) Is Ciano liable for Estafa? If so, what particular paragraph of Art. 315 is violated? Explain your answer. (5 pts.) b) If not for what crime is he liable? (5 pts.) COMMERCIAL LAW REVIEW Final Exams I. A. X subscribed to the shares of stock of Y Corporation , with the agreement with the corporation through its directors that he will pay 80% of the total subscription price which shall then be recorded as full payment thereof. Furthermore, the payment of the discounted subscription price will be taken from future cash dividends to be declared by the corporation, which shall then be owing to him as a stockholder. QUESTIONS: 1. What rights, if any, did X acquire when he subscribed to the shares of Y Corporation? Why? 2. Is Y Corporation estopped to enforce full payment of the subscription price? Why? 3. Is there a valid consideration of the subscribed shares of stock? Why? 4. Is you were a corporate creditor, how would the terms of the subscription contract affect your interest on the assets of the corporation? Why? B. In the preceding problem, may the directors be held personally and solidarily liable along with the corporation for having agreed with X on the aforesaid terms and conditions of the subscription contract in favor of corporate creditors and outstanding stockholders? If yes, will it entail the "piercing the veil of corporate fiction? Why?

II. A. Enumerate the requisites of a negotiable promissory note. B. issued a crossed check to Y, payee, drawn against ABC Bank in the amount of P 10,000.00. Z stole the check and after forging the signature of Y and adding one zero to the amount making it appear as P 1000,000.00, he deposited the check in his account with MM Bank . Despite the fact that the insertion of the additional zero was quite suspicious, ABC Bank cleared the same relying on the indorsement of MM Bank. If you were X , against whom will you recover the amount of P 100,000.00? Why?

III. A. Enumerate at least two (2) distinctions between life insurance and property insurance. B. Exemplify the incontestability clause.

IV. A. What is the prescriptive period provided for the Carriage of Goods by Sea Act within which the shipper or consignee may bring an action against the carrier for loss or damage to the cargo? Does loss include misdelivery of the cargo? Why? B. Define pilotage and cite its effects on the liability of the ship owner and ship agent for loss or damage to cargo and/or death or physical injuries to passengers.

V. A. Define E-commerce B. Give an example of a letter of credit-trust receipt transaction

PRELIM EXAM: INSURANCE LAW

I. Illustrate how the principle of suibrogation can be made applicable in insurance contract. II. What does a beneficiary acquire a vested right over the proceeds of an insurance? Discuss. III. a) What are the requisites before a minor can enter into a contract of insurance? Enumerate and discuss. b) If the contract entered into by the minor fails to meet the requirements provided for by the Insurance Code, is the contract valid, voidable, or void? Explain your answer. IV. a) On whom does a person have an insurable interest? Enumerate and discuss briefly. b) Distinguish an insurable inters on life and insurable interest in property for purposes of insurance. V. a) Distinguish an insurance contract from a wagering contract. b) What are the essential and distinguishing elements of an insurance contract? Explain briefly. VI. A person procured insurance on his life through fraudulent concealment and misrepresentation. He died after three years after issuance of policy. Can his beneficiaries recover on that policy? Give reasons. VII. What are the characteristics of an insurance contract? Enumerate and discuss each. VIII. A took out a P 1 million life insurance policiy naming his firend and creditor B as his beneficiary. When A died, his outstanding loan obligation to B was only P 50 T. A's executor contended that only P 50 T out of the insurance porceeds should be paid to B and the balance of P 950 T should be paid to A's estate. Is the executor's contention correct? Reason. IX. On July 14, 1993, X a homosexual took an insurance policy on the life of his boyfriend Y. In trhe insurance application, X misrepresented that Y was in perfect good health although he knew all the time that Y was afflicted with AIDS. On October 18, 1997, Y died in a motor accident. Shortly thereaafter, X filed his insurance claim. Should the insuree pay? Reasons.

CIVIL CODE CASES:

I. Family Code. A. Psychological Incapacity 1. Republic v. Dagdag February 09, 2001 2. Santos v. Court of Appeals January 04, 1995 3. Republic v. Court of Appeals February 13, 1997 4. Marcos v. Marcos October 19, 2000 5. Pesca v. Pesca April 17, 2001 B. Disposition of Family Dwelling where marriage is declared void ab initio due to psychological incapacity 1. Valdes v. RTC July 31, 1996 C. Effect of Divorce Obtained Abroad by Alien Spouse 1. Llorente v. Court of Appeals November 23, 2000 D. Proof of Marriage 1. Vda. de Jacob v. Court of Appeals August 19, 1999 2. Manzano v. Judge Sanchez March 08, 2001 3. Doecena v. Judge Lapesura March 28, 2001

FINAL EXAMINATIONS : CRIMINAL LAW

1. Ligaya and Bayani were very intimate friends. In fact they had indulged in sexual intercourse more than once. Bayani is reviewing for the bar exams. Bayani noticed that Ligayas abdomen was bulging and believed that she is pregnant. Bayani afraid of the consequences of such pregnancy, he employed violence upon Ligaya in the hope of causing abortion. Ligaya, however, is not pregnant. From the given facts, what crime is committed by Bayani? (10 pts.) 2. Ferdie inflicted a wound on Ponce in a flight. The wound remained open for 32 days. Ponce only cleaned it with soap and warm water. How would you classify the physical injury inflicted by Ferdie on Ponce? Why? (10 pts.) 3. a) Gino threatened Mahinhin that he would kill her husband if she would not have sexual intercourse with him. Because of the threat made by Gino, he succeeded in raping Mahinhin. What crime was committed by Gino? Why? (10 pts.) b) Suppose that in the preceding question, Gino threatened the woman that he would kill her husband if she would not have sexual intercourse with him, and the woman having agreed to the condition imposed by Gino to save her husband, Gino had sexual intercourse with her the following day. What crime is committed by Gino? Explain your answer. (5 pts.) 2. Romeo was informed that his lot was occupied by Juliet who was building a small house there. Romeo immediately went there and by means of violence drove Juliet out of the lot and destroyed whatever was already constructed by Juliet on the lot. What crime was committed by Romeo? Explain your answer. (10 pts.)

3. Paterno and Liberato broke the wooden gate of the stonewall around the premises of Benigno and once inside took from the yard of the latter building materials lying there. What crime is committed by Paterno and Liberato? Explain your answer. ( 10 pts) 4. a) Distinguish Brigandage from Robbery in Band. (5 pts.) b) Distinguish crime committed by a band from crime committed with the aid of armed men. (5 pts.) 5. 6 persons, all armed, formed a band of robbers for the purposes of committing robbery in the streets of Baguio. Before they could commit any robbery, they were arrested and when investigated they confessed to the foregoing facts. a) For the crime/s are the 6 persons liable? Why? (5 pts.) b) Under what law? (5 pts.) 6. a) Rene Sagasag hired the truck of Beto, driven by the latter entrusted to him to carry and transport Sagasag' merchandize from Baguio to Laguna. Beto did not deliver the merchandise to its destination, but instead took it to Manila and sold it. What crime was committed by Beto? Explain your answer. (5 pts.) b) Magno, taking advantage of the absence of Ecco and the latters family, climbed the only coconut tree in the yard of Ecco and took 6 coconut fruits for the tree. What crime was committed by Magno? Explain your answer. (5 pts.) 7. Colasita, who was buying merchandise in the market for her to resell at her small sari-sari store told Pepay, the owner of the stall in the market, that she was leaving in her stall the bag of merchandise she already bought as she was going to buy rice from the rice section. Pepay agreed to look after the merchandise. When Colasita returned for the bag and asked Pepay for it, the latter denied having received nay merchandise form Colasita. a) What crime is committed by Pepay? Explain your answer. (15 pts.) b) Under what contract in the Civil Code governed Colasita and Pepays agreement in the given facts of the case? (5 pts.) 8. Ciano purchased from Carlito a piece of land for P 100,000.00 on January 20, 1988 and on the same date issued a check dated March 8, 1988, in payment of the land. Carlito executed an absolute deed of sale upon delivery of the check to him by Ciano. Ciano had sufficient funds in the bank when he issued the check but he intended to withdraw the same on March 2, 1988 to pay a car he bought, the payment of which was due on March 7, 1988. On March 2, 1988, Ciano withdrew all his money from the bank. When Carlito presented the check on March 8, 1988, payment was refused by the bank because there was no fund in the name of Ciano to cover the amount of the check a) Is Ciano liable for Estafa? If so, what particular paragraph of Art. 315 is violated? Explain

your answer. (5 pts.) b) If not for what crime is he liable? (5 pts.)

COMMERCIAL LAW REVIEW Final Exams I. A. X subscribed to the shares of stock of Y Corporation , with the agreement with the corporation through its directors that he will pay 80% of the total subscription price which shall then be recorded as full payment thereof. Furthermore, the payment of the discounted subscription price will be taken from future cash dividends to be declared by the corporation, which shall then be owing to him as a stockholder. QUESTIONS: 1. What rights, if any, did X acquire when he subscribed to the shares of Y Corporation? Why? 2. Is Y Corporation estopped to enforce full payment of the subscription price? Why? 3. Is there a valid consideration of the subscribed shares of stock? Why? 4. Is you were a corporate creditor, how would the terms of the subscription contract affect your interest on the assets of the corporation? Why? B. In the preceding problem, may the directors be held personally and solidarily liable along with the corporation for having agreed with X on the aforesaid terms and conditions of the subscription contract in favor of corporate creditors and outstanding stockholders? If yes, will it entail the "piercing the veil of corporate fiction? Why?

II. A. Enumerate the requisites of a negotiable promissory note. B. issued a crossed check to Y, payee, drawn against ABC Bank in the amount of P 10,000.00. Z stole the check and after forging the signature of Y and adding one zero to the amount making it appear as P 1000,000.00, he deposited the check in his account with MM Bank . Despite the fact that the insertion of the additional zero was quite suspicious, ABC Bank cleared the same relying on the indorsement of MM Bank. If you were X , against whom will you recover the amount of P 100,000.00? Why?

III. A. Enumerate at least two (2) distinctions between life insurance and property insurance. B. Exemplify the incontestability clause.

IV. A. What is the prescriptive period provided for the Carriage of Goods by Sea Act within which the shipper or consignee may bring an action against the carrier for loss or damage to the cargo? Does loss include misdelivery of the cargo? Why?

B. Define pilotage and cite its effects on the liability of the ship owner and ship agent for loss or damage to cargo and/or death or physical injuries to passengers.

V. A. Define E-commerce B. Give an example of a letter of credit-trust receipt transaction

PRELIM EXAM: INSURANCE LAW

I. Illustrate how the principle of subrogation can be made applicable in insurance contract. II. What does a beneficiary acquire a vested right over the proceeds of an insurance? Discuss. III. a) What are the requisites before a minor can enter into a contract of insurance? Enumerate and discuss. b) If the contract entered into by the minor fails to meet the requirements provided for by the Insurance Code, is the contract valid, voidable, or void? Explain your answer. IV. a) On whom does a person have an insurable interest? Enumerate and discuss briefly. b) Distinguish an insurable inters on life and insurable interest in property for purposes of insurance. V. a) Distinguish an insurance contract from a wagering contract. b) What are the essential and distinguishing elements of an insurance contract? Explain briefly. VI. A person procured insurance on his life through fraudulent concealment and misrepresentation. He died after three years after issuance of policy. Can his beneficiaries recover on that policy? Give reasons. VII. What are the characteristics of an insurance contract? Enumerate and discuss each. VIII. A took out a P 1 million life insurance policiy naming his firend and creditor B as his beneficiary. When A died, his outstanding loan obligation to B was only P 50 T. A's executor contended that only P 50 T out of the insurance porceeds should be paid to B and the balance of P 950 T should be paid to A's estate. Is the executor's contention correct? Reason. IX. On July 14, 1993, X a homosexual took an insurance policy on the life of his boyfriend Y. In trhe insurance application, X misrepresented that Y was in perfect good health although he knew all the time that Y was afflicted with AIDS. On October 18, 1997, Y died in a motor accident. Shortly thereaafter, X filed his insurance claim. Should the insuree pay? Reason

 FINAL EXAMS: LABOR STANDARDS

I. Present in outline form how a "wage distortion" issue is adjusted. II. Distinguish Sec. II of DO 10, DOLE, Series of 1997, what are the rights of a contractual employee? III. Pedro was engaged to do some painting chores of the building houseing the law office of Atty. Pintor for a fixed amount of P 7,000.00. Pedro was able to finish the painting job within a period of 8 months. During the 8-month period of Pedor's engagement to paint the building, he was requested to clean the office of Atty. Pintor. a) What is the employement status of Pedro under your labor laws? Explain. b) What are the 2 types of regular employement? c) Who is a probationary employee and how long is the probationary period in general? Cite the exceptions, if any. IV. What must concur in order that contracting and subcontracting be legitimate? V. When may illegal recruitment in large scale amount to economic sabotage? VI. Cite at least 3 Constitutional provisions affecting labor and employement.

CONFLICT OF LAWS: MIDTERM EXAMS

1. a) Define Conflict of Laws. b) Distinguish Conflict of Laws (Private International Law) from Public International Law.

2. a) State the sources of Conflict Rules. b) H and W, husband and wife, Filipinos, reside in Baguio City. H goes to Hong Kong as an OFW and there marries F, a Filipina DH. After a month of marital bliss in the former Crown Colony, H comes back to the Philippines. May H be prosecuted for bigamy in the Philippines at the instance of W? Why? May W sue H for legal separation? Explain.

3. a) What is meant by forum non conveniens? Explain. b) H, American, marries W, Filipina, in Baguio City. They migrate to Seattle, USA. H leaves W for his American girlfriend. W sues H for divorce before the proper Seattle court, which in due course grants a divorce decree. As a divorcee, W comes back to the Philippines. May she remarry here? Explain.

4. a) In what instances may the local court apply the lex fori in conflicts cases b) H and W, Americans, get married in Baguio City where they establish their residence. W is the sole breadwinner, and out of her earnings she purchases a house and lot in Baguio City. Does H have a right to the house and lot? Explain. 5. a) H, a Filipino, marries W, a Frenchwoman, in Paris. At the time of the marriage, H was psychologically incapacitated to enter into marriage, although the incapacity manifested itself two years after the wedding. Assuming that the marriage is viodable under French law, is it also voidable here? Explain b) A, an Afghan national, executes a deed of sale in Kabul under which he sells a parcel of land in Irisan, Baguio City (which he had inherited from his Filipina mother) to F, a Filipino. The law of what state shall govern the extrinsic as well as intrinsic validity of the deed of sale? Explain. CASES IN WILLS AND SUCCESSION: 1. Ajero vs. CA September 15, 1994 2. Alvarado vs. Gaviola September 14, 1993 3. Alvarez vs. IAC May 7, 1990 4. Aparicio vs. Paraguya May 29, 1987 5. Arroyo vs. Albay February 28, 1962 6. Austria vs. Reyes February 27, 1970 7. Azaola vs. Singson August 5, 1960 8. Bacayo vs. Borromeo August 31, 1965 9. Baritun vs. CA March 22, 1990 10. Barranda vs. Barranda May 20, 1987 11. Bellis vs. Bellis June 6, 1967 12. Betts vs. CA July 30, 1979 13. Bonilla vs. Arranza December 7, 1982 14. Borromeo vs. Borromeo July 23, 1987 15. Butte vs. Uy February 28, 1962 16. Cagro vs. Cagro April 29, 1953 17. Calde vs. CA June 27, 1991 18. Caneda vs. CA May 28, 1993 19. Castro vs. Bustos February 28, 1969 20. Cayetano vs. Leonides May 30, 1984 21. Chavez vs. Akutin May 21, 1943 22. Chavez vs. Chavez November 8, 1990 23. Christensen vs. Garcia January 31, 1963 24. Corona vs. CA August 30, 1982 25. Coronel vs. CA October 7, 1996 26. Corpus vs. Corpus October 23, 1978 27. Cruz vs. Villasor November 26, 1973 28. De Borja vs. de Borja August 18, 1972 29. De Papa vs. Camacho September 24, 1986 30. De Perez vs. Tolete June 2, 1994

31. De Roma vs. CA` July 23, 1987 32. De Tupas vs. RTC October 3, 1986 33. Del Rosario vs. Cunanan March 30, 1977 34. Dela Cerna vs. Potot December 23, 1964 35. Dela Puerta vs. CA February 6, 1990 36. Diaz vs. IAC February 21, 1990 37. Diaz vs. IAC June 17, 1987 38. Francisco vs. matias January 31, 1964 39. Gabucan vs. Manta January 28, 1980 40. **** vs. Mamuyac January 29, 1927 41. Gallanosa vs. Arcangel June 21, 1978 42. Gan vs. Yap August 30, 1958 43. Garces vs. Broce May 20, 1968 44. Garcia vs. Lacuesta November 29, 1951 45. Garcia vs. Lacuesta November 29, 1951 46. Garcia vs. Vasquez April 30, 1970 47. Gonzales vs. CA May 25, 1979 48. Gonzales vs. CA May 25, 1979 49. Guevara vs. Guevara December 29, 1943 50. Icasiano vs. Icasiano June 30, 1964 51. In re: Mario Chanliongco October 18, 1977 52. In re: Wenceslao Laureta March 12, 1987 53. In Re: Will of Riosa November 7, 1918 54. Javellana vs. Ledesma June 30, 1955 55. Jimenez vs. Fernandez April 6, 1960 56. Kalaw vs. Relova September 28, 1984 57. La Cerna vs. de Corcino April 29, 1961 58. Landayan vs. Bacani September 30, 1982 59. Leviste vs. CA January 30, 1989 60. Lim vs. CA February 28, 1996 61. Madarcos vs. dela Merced June 30, 1989 62. Mag-oy vs. CA` September 12, 1986 63. Maloto vs. CA February 29, 1988 64. Maninang vs. CA June 19, 1982 65. Maravilla vs. Maravilla February 27, 1971 66. Martinez vs. Ituralde April 29, 1971 67. Matabuena vs. Cervantes March 31, 1971 68. Micinao vs. Brimo November 1, 1924 69. Nepomuceno vs. CA October 9, 1985 70. Nera vs. Rimando February 27, 1914 71. Nuguid vs. Nuguid June 23, 1966 72. Osorio vs. Osorio March 30, 1921 73. Pascual vs. dela Cruz May 30, 1969 74. Pascual vs. dela Cruz May 30, 1969 75. Pascual vs. Pascual March 25, 1992 76. Pastor vs. CA June 24, 1983

77. Paulmitan vs. CA November 25, 1992 78. PCIB vs. Escolin March 29, 1974 79. Ramirez vs. Baltazar August 30, 1968 80. Ramirez vs. Ramirez May 31, 1971 81. Reganon vs. Imperial January 17, 1968 82. Rigor vs. Rigor April 30, 1979 83. Rivera vs. IAC February 15, 1990 84. Robert vs. Leonidas April 27, 1982 85. Rodelas vs. Aranza December 7, 1982 86. Rodriguez vs. de Borja June 21, 1966 87. Rosales vs. Rosales February 27, 1987 88. Roxas vs. De Jesus January 28, 1985 89. Sanson vs. CA February 26, 1988 90. Satillon vs. Miranda June 30, 1975 91. Solivio vs. CA February 12, 1990 92. Sumaya vs. IAC September 2, 1991 93. Unson vs. Abella June 12, 1922 94. Vitug vs. CA March 29, 1990 95. Yambao vs. Gonzales April 29, 1961 not_in_the_Phil

CRIMINAL LAW DOCTRINES:

A & B, father and daughter. A raped B, 13 years old, five times. A charged with 5 counts of rape. Information reads: that on or about December 5, 1997, in the City of Zambales, Philippines and within the jurisdiction of this Honorable Court, the above-named accused by means of force or intimidation, did there and then willfully, unlawfully and feloniously have carnal knowledge of the undersigned, a girl of 13 years of age, against her will. Court found him guilty and sentenced him to Death for each rape. Was the penalty of death proper? NO, the relationship of father and daughter must be alleged in the Information. Relationship is a Special Aggravating Qualifying Circumstance. Under what instances should DEATH be imposed? (QUALIFIED RAPE) 1. When the victim is under 18 years of age and the offended is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the 3rd civil degree, or the common-law spouse of the parent of the victim. 2. When the victim is under the custody of police of military authorities. 3. When the rape is committed in full view of the husband, parents any of the children or other relatives within the 3rd degree of consanguinity. 4. When the victim is a religious or a child below seven years old. 5. When the offender knows that he is afflicted with AIDS 6. When committed by any member of the Armed Forces of the Philippines or the Philippine National Police or any law enforcement agency.

7. When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation. 8. When the offender knows of the pregnancy of the victim at the time of rape. 9. When the offender knows of the mental disability , mental disorder and/or physical handicap of the offended party at the time of rape. (PEOPLE VS. LARENA, 309 SCRA 305) This court has correctly held that these attendant circumstances are in the nature of Special Qualifying Circumstances which unlike generic aggravating circumstances, cannot be considered as such , unless, so alleged in the information, even if proved. In the instant case, the complainants failed to allege the relationship between appellant and the complainant. While the failure to allege the relationship between accused-appellant and the victim appears to be a mere technically, it nevertheless saves appellant from the supreme penalty of death because he was not properly informed that he is being accused of qualified rape. (PEOPLE vs. ALITAGTAG, 309 SCRA 325; PEOPLE VS. SILVANO, 309 SCRA 362) PEOPLE VS. RAMOS, 296 SCRA 559: the failure to allege relationship between the accused the offended party in an information for rape is a bar to the imposition of the death penalty. Since relationship is a Qualifying not a mere aggravating circumstance. Qualifying Aggravating Circumstance gives the crime its proper name and increases the penalty. Generic Aggravating Circumstance merely affects the period of the imposable penalty. Guardian the mere fact that Y was merely entrusted to the custody of Carlos, did not constitute the relationship of guardian. At most Carlos was a mere custodian or caretaker of the child over whom he exercised limited authority for a temporary period. PEOPLE VS. GARCIA, 281 SCRA 463, the SC ruled that the term GUARDIAN has a restrictive definition and it refers to a legal or judicial guardian for the purpose of imposing the death penalty. PEOPLE VS. DELA CUESTA, 304 SCRA 83)