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SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN CIVIL LAW – UP LAW COMPLEX
CIVIL LAW I. Sidley and Sol were married with one (1) daughter, Solenn. Sedfrey and Sonia were another couple with one son, Sonny. Sol and Sedfrey both perished in the same plane accident. Sidley and Sonia met when the families of those who died sued the airlines and went through grief counseling sessions. Years later,… Read More SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN CIVIL LAW – UP LAW COMPLEX
— Civil Law —
Recent Rulings on PROPERTY [Easement, Cancellation of titles, View of dominance, Prescription, Possessor in good faith
Cancellation of titles — Petitioner’s claim is anchored on a sale of the property to her predecessor-in-interest and not on any filiation with the original owner; this Court has stated that no judicial declaration of heirship is necessary in order that an heir may assert his or her right to the property of the deceased.… Read More Recent Rulings on PROPERTY [Easement, Cancellation of titles, View of dominance, Prescription, Possessor in good faith
— Remedial Law —
Ceroferr Realty Corporation v. CA, G.R. No. 139539, February 5, 2002 Cause of Action, Jurisdiction over the Subject Matter, Lack of Cause of Action
FACTS: Plaintiff (Ceroferr Realty) filed with the RTC, a complaint against defendant Ernesto D. Santiago praying that Santiago and his agents: be enjoined from – claiming possession and ownership over Lot No. 68 of the Tala Estate Subdivision, QC,; be prevented from making use of the vacant lot as a jeepney terminal; and be ordered… Read More Ceroferr Realty Corporation v. CA, G.R. No. 139539, February 5, 2002 Cause of Action, Jurisdiction over the Subject Matter, Lack of Cause of Action
— Remedial Law —
Recent Rulings on BAIL
People v. Tanes April 3, 2019 G.R. No. 240596 The right to bail is recognized in the Bill of Rights, as stated in Section 13, Article III of the Constitution: SEC. 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by… Read More Recent Rulings on BAIL
— Labor Law —
SUMIFRU v. Baya G.R. No. 188269 April 17, 2017 Labor Dispute, Constructive Dismissal, Doctrine of Strained Relations
FACTS: Bernabe Baya filed a complaint for illegal/constructive dismissal against AMSFC and DFC before the NLRC. Baya alleged that he had been employed by AMSFC since February 5, 1985, and from then on, worked his way to a supervisory rank on September 1, 1997. As a supervisor, Baya joined the union of supervisors, and eventually,… Read More SUMIFRU v. Baya G.R. No. 188269 April 17, 2017 Labor Dispute, Constructive Dismissal, Doctrine of Strained Relations
Osmena v. Pendatun G.R. No. L-17144 October 28, 1960 Parliamentary Doctrine of Separation of Powers, Power of the Legislature to discipline its Members for Disorderly Behavior
FACTS: Congressman Sergio Osmeña, Jr., in a privilege speech delivered before the House, made the serious imputations of bribery against the President. A special committee, composed of Congressman Salapida K. Pendatun and fourteen other congressmen, was created by virtue of House Resolution No. 59, to investigate the truth of the charges against the President. Osmeña… Read More Osmena v. Pendatun G.R. No. L-17144 October 28, 1960 Parliamentary Doctrine of Separation of Powers, Power of the Legislature to discipline its Members for Disorderly Behavior
— Civil Law —
Municipality of Victorias v. CA G.R. No. L-31189 March 31, 1987 Sale, Delivery of the thing Sold, Torrens Title, Proof of Ownership
FACTS: Respondent Norma Leuenberger inherited Lot No. 140, a sugar land located in Bo. Madaniog, Victorias, Negros Occidental from her grandmother, Simeona J. Vda. de Ditching. In 1963, she discovered that the parcel of land, more or less 4 ha. or 33,747 sq.m. used by Petitioner Municipality of Victorias, as a cemetery from 1934, is… Read More Municipality of Victorias v. CA G.R. No. L-31189 March 31, 1987 Sale, Delivery of the thing Sold, Torrens Title, Proof of Ownership
Cosco Philippines Inc. v. Kemper Insurance Co., G.R. No. 179488, April 23, 2012 Verification and Certification Against Forum Shopping
FACTS: Respondent Kemper Insurance Company, a foreign insurance company not doing business in the Philippines, except in isolated transactions, insured the shipment of imported frozen boneless beef, which was loaded at a port in Brisbane, Australia, for shipment to Genosi, Inc. in the Philippines. However, upon arrival at the Manila port, a portion of the… Read More Cosco Philippines Inc. v. Kemper Insurance Co., G.R. No. 179488, April 23, 2012 Verification and Certification Against Forum Shopping
— Civil Law —
THE MANILA HOTEL CORP. AND MANILA HOTEL INTL. LTD. vs. NLRC GR. No. 120077 October 13, 2000 Forum Non Conveniens, Conflicts of Law, Lex Loci Contractus
FACTS: Private respondent Marcelo Santos was an overseas worker, while petitioners are the Manila Hotel Corporation (MHC) and the Manila Hotel International Company, Limited (MHICL). During his employment with the Mazoon Printing Press in the Sultanate of Oman, respondent Santos received a letter from Mr. Gerhard R. Shmidt, General Manager, Palace Hotel, Beijing, China, to… Read More THE MANILA HOTEL CORP. AND MANILA HOTEL INTL. LTD. vs. NLRC GR. No. 120077 October 13, 2000 Forum Non Conveniens, Conflicts of Law, Lex Loci Contractus