Multiple choice.
A had a 4-storey building which was constructed by Engineer B. After five years, the building developed cracks and its stairway eventually gave way and collapsed, resulting to injuries to some lessees. Who should the lessees sue for damages? (1%)
1. A, the owner
2. B, the engineer
3. both A & B
O, owner of Lot A, learning that Japanese soldiers may have buried gold and other treasures at the adjoining vacant Lot B belonging to spouses X & Y, excavated in Lot B where she succeeded in unearthing gold and precious stones. How will the treasures found by O be divided? (1%)
1. 100% to O as finder
2. 50% to O and 50% to the spouses X and Y
3. 50% to O and 50% to the state
4. None of the above
A executed a Deed of Donation in favor of B, a bachelor, covering a parcel of land valued at P1 million. B was, however, out of the country at the time. For the donation to be valid, (1%)
1. B may e-mail A accepting the donation.
2. The donation may be accepted by B’s father with whom he lives.
3. B can accept the donation anytime convenient to him.
4. B’s mother who has a general power of attorney may accept the donation for him.
5. None of the above is sufficient to make B’s acceptance valid
A executed a 5-page notarial will before a notary public and three witnesses. All of them signed each and every page of the will.
One of the witnesses was B, the father of one of the legatees to the will. What is the effect of B being a witness to the will? (1%)
1. The will is invalidated
2. The will is valid and effective
3. The legacy given to B’s child is not valid
Suggested answer only. Not an official answer and not legal advice.
(1) 3. both A & B. (2) 4. None of the above. (3) 5. None of the above is sufficient to make B's acceptance valid. (4) 3. The legacy given to B's child is not valid.
Under Articles 1654, 1723, and 2192, lessor and engineer are liable for collapse damages. Under Article 438, treasure belongs to the landowner unless found by chance. Under Articles 745 and 749, donating land requires acceptance in a public document with a special power of attorney. Under Article 823, a legacy to an attesting witness's child is void.
Here, lessees can sue A for breach and B for defect. O's deliberate digging forfeits any treasure share. B's mother lacks a special power of attorney. Witnessing by father B voids the legacy to his child.
Therefore, the correct answers are 3, 4, 5, and 3, respectively.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Under Articles 1723 and 2192 of the Civil Code, who may lessees sue for damages caused by the collapse of a building due to construction defects and lack of repairs?
Both the building owner and the engineer may be sued for damages resulting from the building's collapse.
Under Article 438 of the Civil Code, what share of hidden treasure is granted to a person who deliberately excavates on another's land without permission?
A person who deliberately excavates on another's land without authorization forfeits all rights to the treasure.
Under Article 749 of the Civil Code, what power is required for an agent to validly accept a donation of real property on behalf of a donee?
Accepting a donation of real property requires a special power of attorney explicitly authorizing the agent.
Under Article 823 of the Civil Code, what is the effect on a will if an attesting witness is the father of one of the legatees?
The attesting witness's child loses the legacy, but the validity of the rest of the will is preserved.
If an attesting witness to a notarial will is named as a legatee, what is the status of the witness's testimony and the legacy?
The attesting witness remains competent to attest the execution, but the legacy given to them is void.
Learn more about these topics
1. Building Collapse Liability
Under Article 1723 and Article 2192 of the Civil Code, both the engineer or architect and the building owner or lessor may be held liable for damages resulting from the collapse of a building. The engineer is liable if the collapse is due to defects in the plans or construction, while the owner-lessor is responsible for maintaining the property in a tenantable condition and for damages caused by the total or partial collapse of the structure due to lack of necessary repairs.
2. Hidden Treasure Ownership
Under Article 438 of the Civil Code, hidden treasure belongs to the owner of the land on which it is found. When the discovery is made on another's property, one-half is granted to the finder provided the discovery was made by chance. If the finder intentionally trespasses or deliberately excavates on another's vacant lot seeking buried treasure without authorization, the finder forfeits all rights, and the entire treasure belongs exclusively to the landowners.
3. Witness Disqualification Effect
Under Article 823 of the Civil Code, if a person attests the execution of a will, any legacy, devise, or gift made in that will to such witness, or to the spouse, parent, or child of such witness, is void. However, the witness remains competent to attest the execution of the will. Consequently, the presence of the witness does not invalidate the entire will itself, but merely nullifies the specific testamentary disposition in favor of the witness's relative.