Home›Bar Review›2013›Civil Law›Question X
Question X
Manuel was born on 12 March 1940 in a 1 000-square meter property where he grew up helping his father, Michael, cultivate the land. Michael has lived on the property since the land was opened for settlement at about the time of the Commonwealth government in 193 5, but for some reason never secured any title to the property other than a tax declaration in his name. He has held the property through the years in the concept of an owner and his stay was uncontested by others. He has also conscientiously and continuously paid the realty taxes on the land.
Michael died in 2000 and Manuel - as Michael's only son and heir -now wants to secure and register title to the land in his own name. He consults you for legal advice as he wants to perfect his title to the land and secure its registration in his name.
(A) What are the laws that you need to consider in advising Manuel on how he can perfect his title and register the land in his name? Explain the relevance of these laws to your projected course of action. (4%)
(B) What do you have to prove to secure Manuel's objectives and what documentation are necessary? (4%)
(a)Manuel was born on 12 March 1940 in a 1 000-square meter property where he grew up helping his father, Michael, cultivate the land. Michael has lived on the property since the land was opened for settlement at about the time of the Commonwealth government in 193 5, but for some reason never secured any title to the property other than a tax declaration in his name. He has held the property through the years in the concept of an owner and his stay was uncontested by others. He has also conscientiously and continuously paid the realty taxes on the land.
Michael died in 2000 and Manuel - as Michael's only son and heir -now wants to secure and register title to the land in his own name. He consults you for legal advice as he wants to perfect his title to the land and secure its registration in his name.
(A) What are the laws that you need to consider in advising Manuel on how he can perfect his title and register the land in his name? Explain the relevance of these laws to your projected course of action. (4%)
(B) What do you have to prove to secure Manuel's objectives and what documentation are necessary? (4%)
(b)Arlene owns a row of apartment houses in Kamuning, Quezon City. She agreed to lease Apartment No. 1 to Janet for a period of 18 months at the rate of P10,000 per month. The lease was not covered by any contract. Janet promptly gave Arlene two (2) months deposit and 18 checks covering the rental payment for 18 months. This show of good faith prompted Arlene to promise Janet that should Arlene decide to sell the property, she would give Janet the right of first refusal. Not long after Janet moved in, she received news that her application for a Master of Laws scholarship at King's College in London had been approved. Since her acceptance of the scholarship entailed a transfer of residence, Janet asked Arlene to return the advance rental payments she made. Arlene refused, prompting Janet to file an action to recover the payments. Arlene filed a motion to dismiss, claiming that the lease on which the action is based, is unenforceable. If you were the judge, would you grant Arlene's motion?
(A) Yes, I will grant the motion because the lease contract between Arlene and Janet was not in writing, hence, Janet may not enforce any right arising from the same contract.
(B) No, I will not grant the motion because to allow Arlene to retain the advance payments would amount to unjust enrichment.
(C) Yes, I will grant the motion because the action for recovery is premature; Janet should first secure a judicial rescission of the contract of lease.
(D) No. I will not grant the motion because the cause of action does not seek to enforce any right under the contract of lease.
(c)Assume that Janet decided not to accept the scholarship and continued leasing Apartment No. 1. Midway through the lease period, Arlene decided to sell Apartment No. 1 to Jun in breach of her promise to Janet to grant her the right of first refusal. Thus, Janet filed an action seeking the recognition of her right of first refusal, the payment of damages for the violation of this right, and the rescission of the sale between Arlene and Jun. Is Janet's action meritorious?
(A) Yes, under the Civil Code, a promise to buy and sell a determinate thing is reciprocally demandable.
(B) No, the promise to buy and sell a determinate thing was not supported by a consideration.
(C) Yes, Janet's right of first refusal was clearly violated when the property was not offered for sale to her before it was sold to Jun.
(D) No, a right of first refusal involves an interest over real property that must be embodied in a written contract to be enforceable.
(E) None of the above.
Model answer · ALAC
Answer — Legal basis — Application — Conclusion.
AI-drafted in ALAC form and AI-verified against landmark authorities — refined with every round of verification.