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Results for “Civil Code of the Philippines (RA 386)”

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Question Civil Law and Land Titles and Deeds | 1. Presumption of Existence | ESSAY Medium

(a) Identify the doctrine of Presumption of Existence in the context of capacity to act and explain its scope within...

...stence in the context of capacity to act and explain its scope within Civil Law. (b) Distinguish Presumption of Existence from related presumptions (such as presumption of regularity and presumption of validity) and indi...

Citations: Civil Code of the Philippines (RA 386) – capacity to act and presumptions in civil transactions, Presidential Decree No. 1529 (Land Registration Decree) – governs land registration and validity of instruments in relation to title, Supreme Court jurisprudence recognizing presumption of existence and burden of proof in capacity-to-act issues

Question Civil Law and Land Titles and Deeds | v. Rescission | ESSAY Medium

A buyer, Bea, purchases a parcel of land from a seller, Ramon. Ramon represents that the title is clean and free of e...

...refund) and how third-party rights influence the structure of relief. Civil Code of the Philippines (Act No. 386) on rescission of co...

Citations: Civil Code of the Philippines (Act No. 386) on rescission of contracts and vitiation of consent, Supreme Court decisions addressing rescission in real property transactions and the interaction with third-party rights (reconveyance vs. damages)

Question Civil Law and Land Titles and Deeds | Moral | ESSAY Medium

Facts: A buyer engages a notary public to authenticate a deed transferring ownership of a parcel of land. The notary,...

...engages a notary public to authenticate a deed transferring ownership of a parcel of land. The notary, knowing that the title is disputed and that the deed is forged, issues a notarial certificate stating that the instru...

Citations: Civil Code of the Philippines (Republic Act No. 386), especially provisions on quasi-delict (Article 2176) and moral damages in property transactions.

Question Civil Law and Land Titles and Deeds | Tradition | ESSAY Medium

Ramon sells Tess a white 2015 sedan. They execute a Bill of Sale; Tess takes possession and uses the car. They do not...

...egistration of encumbrances affects ownership and third-party rights. Civil Code of the Philippin...

Citations: Civil Code of the Philippines (Act No. 386), on tradition as the mode of acquiring ownership for movables and the distinction from immovables., Chattel Mortgage Law (Act No. 1508), on perfection and enforceability of registered liens on movable property., Property Registration Decree (Presidential Decree No. 1529), basic framework for immovable property registration and its effect on third-party interests (for contrast).

Question Civil Law and Land Titles and Deeds | Classification of Possession | ESSAY Medium

Liza occupies a 480-square-meter lot in Barangay San Roque for 9 years. She holds a deed of sale issued by her aunt,...

...-square-meter lot in Barangay San Roque for 9 years. She holds a deed of sale issued by her aunt, who claims she purchased from a neighbor who allegedly owned the land. The aunt’s title chain is defective but the deed it...

Citations: Civil Code of the Philippines, Arts. 1115 (ordinary prescription: 10 years with good faith and just title), Civil Code of the Philippines, Art. 1134 (extraordinary prescription: 30 years irrespective of title/good faith), Civil Code (Republic Act No. 386), General principles on possession and prescription as taught in Philippine bar review materials

Question Civil Law and Land Titles and Deeds | c. Extinguishment | ESSAY Medium

X is a business owner who owes PHP 2,400,000 to Bank Z. Guarantor Y guarantees the obligation. After default occurs,...

...tion caused by debtor payment and the effect of creditor forgiveness. Civil Code of the Philippines (Republic Act No. 386), Book IV, Obligations and Contracts; Extinguishment and Suretyship., Tolentino, The Civil Code of...

Citations: Civil Code of the Philippines (Republic Act No. 386), Book IV, Obligations and Contracts; Extinguishment and Suretyship., Tolentino, The Civil Code of the Philippines, Vol. IV, section on Extinguishment in Guaranty and Suretyship.

Question Civil Law and Land Titles and Deeds | Tradition | ESSAY Medium

A sells to B a beachfront lot (immovable). They execute a written deed of sale and B immediately moves into a house o...

...sells to B a beachfront lot (immovable). They execute a written deed of sale and B immediately moves into a house on the lot, fences the perimeter, and begins planting vines. They do not register the deed with the Regis...

Citations: Civil Code of the Philippines (Act No. 386) on tradition and transfer of ownership., Registry and registration requirements for immovables (Land Registration framework in the Philippines)., Cases and treatises discussing the effect of registered encumbrances on subsequent transfers of immovable property.

Question Commercial and Taxation Laws | Defenses Available to a Common Carrier | ESSAY Medium

Scenario: Aurora Freight Lines, a common carrier, is contracted to transport 40 crates of fragile glassware from Cebu...

...d emphasizes the central defense with a clear limitations discussion. Civil Code of the Philippines (Republic Act No. 3...

Citations: Civil Code of the Philippines (Republic Act No. 386), Philippine Supreme Court decisions on common carriers and vis major (acts of God)

Question Civil Law and Land Titles and Deeds | Definition | ESSAY Medium

(a) State the definition of ownership under Philippine Civil Law and identify its essential elements. (b) A 1,200-squ...

(a) State the definition of ownership under Philippine Civil Law and identify its essential elements. (b) A 1,200-square-meter urban lot is titled in the name of a relative who rarely uses it. A neighbor, Marco, has live...

Citations: Civil Code of the Philippines (Republic Act No. 386) – ownership and acquisitive prescription provisions.

Question Civil Law and Land Titles and Deeds | 4. Lex Loci Celebrationis | ESSAY Medium

Assume A and B are Filipino citizens who sign a deed of sale of a parcel of land located in Cebu while they are in Pa...

Assume A and B are Filipino citizens who sign a deed of sale of a parcel of land located in Cebu while they are in Paris. The deed is drafted in French, executed before a French notary, and signed by both parties. The in...

Citations: Civil Code of the Philippines (Republic Act No. 386), Arts. 15-18

Question Civil Law and Land Titles and Deeds | Parents | ESSAY Medium

Facts: In a family-owned agricultural supply business, a 15-year-old unemancipated child, Niko, assists in deliveries...

...medical expenses. Ana sues both Niko and Leon, alleging that Leon is civilly liable for damages caused by his unemancipated child under parental authority. Leon contends that he supervised Niko, instructed him on road s...

Citations: Civil Code of the Philippines (Act No. 386) on parental authority and liability; Family Code principles on guardianship and parental duties

Question Civil Law and Land Titles and Deeds | Distribution of Estate | ESSAY Medium

On the death of Omar, he dies testate leaving a will that bequeaths his entire estate to his close friend Luca and di...

...yields a straightforward calculation and a clear, teachable outcome. Civil Code of the Philippines (Republic Act No. 386), provisions on succession and legitime...

Citations: Civil Code of the Philippines (Republic Act No. 386), provisions on succession and legitime (compulsory heirs).

Question Civil Law and Land Titles and Deeds | Effects of Possession | ESSAY Medium

Lot 7 is owned by Lila. In 1999, Manny enters Lot 7 and takes possession openly, builds a dwelling, and continues to...

...me and focusing on the doctrinal core of possession and prescription. Civil Code of the Philippines (Act No. 386), on acquisitive p...

Citations: Civil Code of the Philippines (Act No. 386), on acquisitive prescription (ordinary and extraordinary)., Supreme Court jurisprudence on color-of-title and ordinary prescription (as applicable to just title and good faith).

Question Civil Law and Land Titles and Deeds | Definition | ESSAY Medium

(a) State the governing definition of a contract and its essential elements under the Civil Code. (b) A storefront po...

...verning definition of a contract and its essential elements under the Civil Code. (b) A storefront posts a sign: "Smartphone for sale at P8,000. First to pay P8,000 and sign a receipt gets the phone." Mario goes to the s...

Citations: Civil Code of the Philippines, Art. 1158, Civil Code of the Philippines, Art. 1318

Question Civil Law and Land Titles and Deeds | Definition | ESSAY Medium

(a) State the governing definition of a contract and its essential elements under the Civil Code. (b) In a barangay s...

...verning definition of a contract and its essential elements under the Civil Code. (b) In a barangay setting, an elderly homeowner, Liza, is threatened by a neighbor to sign a deed of sale for her residential lot at ₱2,00...

Citations: Civil Code of the Philippines, Article 1314 (definition of contract)

Question Civil Law and Land Titles and Deeds | Definition | ESSAY Medium

(a) State the governing definition of a contract and its essential elements under the Civil Code. (b) In a barrio set...

...verning definition of a contract and its essential elements under the Civil Code. (b) In a barrio setting, Pedro posts a sign advertising: “Residential lot for sale. Price: ₱1,000,000. Buyer must deliver ₱1,000,000 cash...

Citations: Civil Code of the Philippines (contract formation and quasi-contracts)

Question Civil Law and Land Titles and Deeds | Definition | ESSAY Medium

(a) State the governing definition of a contract and its essential elements under the Civil Code. (b) In a barrio set...

...verning definition of a contract and its essential elements under the Civil Code. (b) In a barrio setting, Lola, an elderly homeowner, is threatened by a neighbor to sign a deed of sale for her residential lot for Php 2...

Citations: Civil Code of the Philippines, defining contract and the elements: consent, object, and cause (definition of contract and vitiation of consent)

Question Civil Law and Land Titles and Deeds | Definition | ESSAY Medium

(a) State the governing definition of a contract and its essential elements under the Civil Code. (b) In a coastal ba...

...verning definition of a contract and its essential elements under the Civil Code. (b) In a coastal barangay, a landowner signs a Deed of Sale with a fisherman for “Lot described in TD No. TD-2025-01” located along the sh...

Citations: Civil Code of the Philippines

Question Civil Law and Land Titles and Deeds | Definition | ESSAY Medium

(a) State the governing definition of a contract and its essential elements under the Civil Code. (b) In a private ar...

...verning definition of a contract and its essential elements under the Civil Code. (b) In a private art gallery, the buyer signs a written "Contract to Purchase" for a painting described as "the work of Artist A titled 'A...

Citations: Civil Code of the Philippines (Book IV, Obligations and Contracts)

Question Civil Law and Land Titles and Deeds | Definition | ESSAY Medium

(a) State the governing definition of a contract and its essential elements under the Civil Code. (b) In a private re...

...verning definition of a contract and its essential elements under the Civil Code. (b) In a private real estate transaction, Rosa owns Lot A (500 sq m) and Lot B (450 sq m) within the same subdivision. She signs a written...

Citations: Civil Code of the Philippines, Art. 1318 (Definition of contract)., Civil Code of the Philippines, Art. 1319 (Consent as essential for formation).

Question Civil Law and Land Titles and Deeds | Definition | ESSAY Medium

(a) State the governing definition of a contract and its essential elements under the Civil Code. (b) In a rural coop...

...verning definition of a contract and its essential elements under the Civil Code. (b) In a rural cooperative, the group signs a written "Contract to Install a Solar-Powered Irrigation System" with a contractor for ₱350,0...

Citations: Civil Code of the Philippines (definition of contract and its essential elements)

Question Civil Law and Land Titles and Deeds | Definition | ESSAY Medium

(a) State the governing definition of a contract and its essential elements under the Civil Code. (b) In a small-town...

...verning definition of a contract and its essential elements under the Civil Code. (b) In a small-town barter arrangement, two neighbors verbally agree to exchange 100 sacks of rice for 50 sacks of corn, to be delivered w...

Citations: Civil Code of the Philippines, Arts. 1158-1160 (Definition and essential elements of contracts)

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