Lex Transnational : Philippine Civil Law MCQ

Yes, Marianne can seek the annulment of the marriage based on Manuel's nondisclosure of his previous crime because the non-disclosure of a crime can be considered as fraud, which is a valid ground for annulment.

The correct answer is "No, since the seller owns no inheritance while his predecessor lives." This answer is correct because a contract of sale involves the transfer of ownership of a property or asset from the seller to the buyer. In the case of future inheritance, the seller does not own the inheritance until their predecessor passes away. Therefore, it is not possible for future inheritance to be the subject of a contract of sale.

The effect of the new debtor's default upon the original debtor is that the original debtor is freed of liability. This is because a novation took place, where the original debtor was substituted with the new debtor with the consent of the creditor. Novation is a legal concept that replaces an existing obligation with a new one, effectively releasing the original debtor from their obligation. Therefore, the default of the new debtor does not affect the original debtor's liability.

The correct answer is No, A’s share goes to his heirs since the donation did not provide for reversion to donor. In this case, since the donation did not specify the share of each donee, the default rule is that each donee is entitled to an equal share. However, when one of the donees dies, their share does not automatically go to the remaining donees. Instead, it goes to their heirs, as there was no provision for reversion to the donor in the donation.

Lily can file for an annulment of the marriage based on the ground of fraud. This is because Rene presented himself as a heterosexual man during their courtship and marriage, but Lily later discovered that he was actually gay and refused to have a sexual relationship with her. This deception can be considered as fraud, which is a valid legal ground for seeking an annulment of the marriage.

In an action for "quieting of title" involving real property, the plaintiff must have legal or equitable title to the property. This means that the plaintiff must have a valid and enforceable ownership interest in the property. This requirement is necessary because only the legal or equitable owner of the property has the right to bring an action to establish and confirm their ownership rights and to remove any claims or clouds on the title. Being in actual possession, being the registered owner, or being the beneficial owner alone may not be sufficient to establish a clear and undisputed title to the property.

The correct answer is No, the breach of contract may in fact be tortious as when it is tainted as in this case with arbitrariness, gross bad faith, and malice. This is because even though there is a contract between Lennie and Alta Airlines, the actions of the airline in downgrading her to economy class can be considered tortious if it is done with arbitrariness, gross bad faith, and malice. In this case, the airline's decision to downgrade Lennie was not justified and caused her discomfort and embarrassment, which can be seen as a breach of contract that is tainted with tortious behavior.

Ester and Rufus have a remedy for keeping the land within their family. They can be subrogated to Raffy's right by reimbursing him within the required time for what he paid Raul. This means that Ester and Rufus have the option to step into Raffy's shoes and acquire his rights to the land by paying him back the amount he paid to Raul. By doing so, they can keep the land within their family.

The authority that school administrators exercise over school children under their supervision, instruction, or custody is called special parental authority. This means that while the children are at school, the administrators have the power to act as parents and make decisions regarding the children's welfare and discipline. This authority is necessary for maintaining a safe and productive learning environment.

The correct answer states that all persons who can enter into contracts and dispose of their property can make a donation. This means that individuals who have the legal capacity to enter into contracts and have the ability to transfer ownership of their property are eligible to make a donation. This includes both natural persons (individuals) and artificial persons (such as corporations or organizations) who own property.

The correct answer is "No, since the donation and its acceptance are not in a public instrument." This means that because the donation and acceptance were not made in a legally recognized public document, the heirs of Y cannot claim ownership of the property. In order for the donation to be valid and legally binding, it must be properly documented and recorded. Since this was not done in this case, Y's heirs do not have a legal claim to the property.

The correct answer is 6 months after the publication of the declaration of absence. This means that once the declaration of absence is published, it takes 6 months for it to take effect. During this time, efforts may still be made to locate the missing person. After the 6-month period, the declaration of absence becomes legally binding, allowing for certain legal actions to be taken, such as the administration of the missing person's estate.

The correct answer states that the children born before the divorce are legitimate because they were born when Arthur was still a Filipino citizen. However, the children born after the divorce are not legitimate because Arthur had acquired Italian citizenship at that time, and Philippine law does not recognize divorce. Therefore, the change in Arthur's citizenship status affected the legitimacy of the children born after the divorce.

When someone exercises a right recognized by law, but does so knowing that it will cause harm or injustice to another person, the affected person is entitled to seek compensation for the damages caused. This principle is known as "abuse of rights." It refers to the misuse or improper exercise of one's legal rights, which can result in legal consequences and the obligation to compensate the injured party.

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