CIVIL LAW REVIEW MIDTERM EXAMINATION

APRIL 23, 2022

Instructions:
1. File name format: LastName_FirstName_Section
2. File Format: PDF
3. Please save your answer on the same Drive here:
https://drive.google.com/drive/folders/1AP0KtchYdqVfcQ0BSZSR9uXfS53lZMlX?usp=sharin
g

4. Exam Schedule: 5 to 6:30pm

1.Accretion was formed as a result of the dumping of sawdust by the Sun Valley Lumber Co.
consequent to its sawmill operations, somewhere at an area near Balacanas Creek and Cagayan
River. The question was whether the land is private or public. Decide.

2. Plaintiff and defendant purchased two (2) adjacent parcels of land from different vendors. Portions
of the buildings and wall bought by plaintiff were occupying a portion of defendant's land; hence, upon
learning of the same, it offered to buy the land, but defendant sued the plaintiff in connection with the
encroachment or occupation by plaintiff's building and wall of a portion of his land.

a. What law governs the rights of the parties?

b. Can the plaintiff insist on the removal of the improvement? why?
c. Suppose the landowner opted to appropriate the improvement, but there is no transfer yet,
what is the duty of the builder? Explain.
d. What benefits does the builder acquire under Art.448 of the Civil Code? Can he invoke such
benefit? Explain.

3. Alden and Stela were both former Filipino citizens. They were married in the Philippines but they
later migrated to the United States where they were naturalized as American citizens. In their union,
they were able to accumulate several real properties both in the US and in the Philippines.
Unfortunately, they were not blessed with children. In the US, they executed a joint will instituting as
common heirs to divide their combined estate in equal shares, the five siblings of Alden and the seven
siblings of Stela. Alden passed away in 2013 and a year later, Stela also died. The siblings of Alden
who were all citizens of the US instituted probate proceedings in a US court impleading the siblings
of Stela who were all in the Philippines.

a. Was a joint will executed by Alden and Stela who were both farmer Filipinos valid? Explain
with legal basis
b. Can the joint will produce legal effect in the Philippines with respect to the properties of Alden
and Stela found here? if so, how?
c. Is the situation presented in Item 1 an example of depecage?(2015)

4. RTC Quezon City allowed the probate of the holographic will of the late Annie Sand, with the
petitioners as devisees. However, the CA reversed the same and dismissed the petition for probate
holding that there were some dispositions on the will which were either unsigned and undated, or
signed but not dated and some erasures, alterations and cancellations which were not authenticated,
all in violation of the requirement set forth in Arts. 813 and 814 of the NCC. Thus, the will did not
comply with the formalities required by the law.

a. Is the ruling of the CA that the will failed to comply with the formalities required by the law,
hence, its probate should be denied, correct?
b. Can the CA rule on the validity of the decedent's disposition in the will of a land which she has
declared not owned by her in its entirely?

5. Ruperta C. Paglanas, a filipino who became a naturalized US citizen, died single and childless. In
her last will and testament she executed in California, she designated her brother Sergio as the
executor of the will. Respondent Ernesto, another brother of Ruperta, filed with the RTC of Malolos,
Bulacan a petition for the probate of Ruperta's will and prayed for his appointment as special
administrator of her estate. However, petitioners Manuel and Benjamin, nephews of Ruperta opposed
the petition contending that wills executed by foreigners abroad must first be probated and allowed in
the country of its execution before it can be probated in the Philippines. Is the contention correct?
Explain.