Set 2

1. Q: Mr. and Mrs. Roman and Mr. and Mrs. Cruz filed an application for registration
of a parcel of land which after due proceedings was granted by the RTC acting
registration as land court. However, before the decree of registration could be issued,
the spouses Roman and the spouses Cruz sold the lot to Juan. In the notarized deed
of sale, the sellers expressly undertook to submit the deed of sale to the land
registration court so that the title to the property would be directly issued in Juan's
name.

1. Is such a stipulation valid?

2. Distinguish a direct attack from a collateral attack on a title.
3. If the title in Item XX. A is issued in the names of the original sellers, would a
motion filed by Juan in the same case to correct or amend the title in order to reflect
his name as owner considered be collateral attack? (2015 Bar)

2. Q: Dr. Jack, a surgeon, holds clinic at the St. Vincent's Hospital and pays rent to the
hospital. The fees of Dr. Jack are paid directly to him by the patient or through the
cashier of the hospital. The hospital publicly displays in the lobby the names and
specializations of the doctors associated or accredited by it, including that of Dr. Jack.
Marta engaged the services of Dr. Jack because of recurring stomach pain. It was
diagnosed that she is suffering from cancer and had to be operated on. Before the
operation, she was asked to sign a "consent for hospital care," which reads:
"Permission is hereby given to the medical, nursing and laboratory staff of the St.
Vincent's Hospital to perform such procedures and to administer such medications
and treatments as may be deemed necessary or advisable by the physicians of this
hospital for and during the confinement."

After the surgery, the attending nurses reported that two (2) sponges were missing.
Later, Marta died due to complications brought about by the sponges that were left in
her stomach. The husband of Marta sued the hospital and Dr. Jack for damages
arising from negligence in the medical procedure. The hospital raised the defense
that Dr. Jack is not its employee as it did not hire Dr. Jack nor pay him any salary or
compensation. It has absolutely no control over the medical services and treatment
being provided by Dr. Jack. Dr. Jack even signed an agreement that he holds the
hospital free and harmless from any liability arising from his medical practice in the
hospital.

Is St. Vincent's Hospital liable for the negligence of Dr. Jack? Explain your answer.
(2016 Bar)

3. Q: Bedrock Land & Property Development Corp. is a development company

engaged in developing and selling subdivisions, condominium units and industrial
estates. In order to replenish its inventories, it embarked on an aggressive land
banking program. It employed "scouts" who roam all over the Philippines to look for
and conduct investigations on prospective sites for acquisition and development,
whether developed, semi-developed or raw land. The management of Bedrock asks
you as the company counsel to prepare a manual containing a summary of the
pertinent laws and regulations relating to land registration and acquisition of title to
land. The manual should include the following items:

1. What is the governing law?

2. What properties are not registrable? (2007 Bar)

4. Q: D, an Overseas Filipino Worker, was on his way home to the Philippines after
working for so many years in the Middle East. He had saved ₱100,000.00 in his local
savings account which he intended to use to start up a business in his home country.
On his flight home, tragedy struck as a suicide bomber blew up the plane. All the
passengers, including D, died. He left behind his widowed mother M; his common-
law wife, W, who is the mother of his twin sons, T and S; and his brother, B. He left
no will, no debts, no other relatives, and no other properties except the money in his
savings account. Who are the heirs entitled to inherit from D and how much should
each receive? Explain. (2019 Bar)

5. Q: Don Ricardo had 2 legitimate children - Tomas and Tristan. Tristan has 3
children. Meanwhile, Tomas had a relationship with Nancy, who was also single and
had the legal capacity to marry. Nancy became pregnant and gave birth to Tomas, Jr.
After the birth of Tomas, Jr., his father, Tomas, died. Later, Don Ricardo died without
a will and Tristan opposed the motion of Tomas, Jr. to be declared an heir of the
deceased since he is an illegitimate child. Tomas, Jr. countered that Article 992 of the
Civil Code is unconstitutional for violation of the equal protection of the laws. He
explained that an illegitimate child of an illegitimate parent is allowed to inherit
under Articles 902, 982 and 990 of the Civil Code while he - an illegitimate child of a
legitimate father - cannot. Civil Law commentator Arturo Tolentino opined that
Article 992 created an absurdity and committed an injustice because while the
illegitimate descendant of an illegitimate child can represent, the illegitimate
descendant of a legitimate child cannot. Decide the case and explain. (2016 BAR)

6. Q: DPO went to a store to buy a pack of cigarettes worth P225.00 only. He gave the
vendor, RRA, a P500-peso bill. The vendor gave him the pack plus P375.00 change.
Was there a discount, an oversight, or an error in the amount given? What would be
DPO’s duty, if any, in case of an excess in the amount of change given by the vendor?
How is this situational relationship between DPO and RRA denominated? Explain.
(2004Bar)

7. Q: With regard to an award of interest in the concept of actual and compensatory

damages, please state the guidelines regarding the manner of computing legal
interest in the following situations:
1. When the obligation is breached and it consists in the payment of a sum of money
like a loan or forbearance of money;
2. When the obligation does not constitute a loan or forbearance of money. Consider
the issuance of BSP-MB Circular No. 799, which became effective on July 1, 2013.
(2016 Bar)

8. On March 13, 2008, Ariel entered into a Deed of Absolute Sale (DAS) with Noel
where the former sold his titled lot in Quezon City with an area of three hundred
(300) square meters to the latter for the price of P300,000.00. The prevailing market
value of the lot was P3,000.00 per square meter.

On March 20, 2008, they executed another "Agreement To Buy Back/Redeem

Property" where Ariel was given an option to repurchase the property on or before
March 20, 2010 for the same price. Ariel, however, remained in actual possession of
the lot. Since Noel did not pay the taxes, Ariel paid the real property taxes to avoid a
delinquency sale. On March 21, 2010, Ariel sent a letter to Noel, attaching thereto a
manager's check for P300,000.00 manifesting that he is redeeming the property. Noel
rejected the redemption claiming that the DAS was a true and valid sale representing
the true intent of the parties. Ariel filed a suit for the nullification of the DAS or the
reformation of said agreement to that of a Loan with Real Estate Mortgage. He claims
the DAS and the redemption agreement constitute an equitable mortgage. Noel
however claims it is a valid sale with pacto de retro and Ariel clearly failed to redeem
the property.

As the RTC judge, decide the case with reasons. (2016 Bar)

9. Q: What are the so-called "Maceda" and "Recto" laws in connection with sales on
installments? Give the most important features of each law. (1999 Bar)

10. Q: A granted B the exclusive right to sell his brand of Maong pants in Isabela, the
price for his merchandise payable within 60 days from delivery, and promising B a
commission of 20% on all sales. After the delivery of the merchandise to B but before
he could sell any of them, B’s store in Isabela was completely burned without his
fault, together will all of A’s pants. Must B pay A for his lost pants? Why? (1999 Bar)