2013 (Civil Law) Bar Exam Questions: Essay Question 8

[Discuss/answer the question below. Or see Civil Law Instructions; Civil Law Instructions; Civil Law Essay Questions: 1, 2, 3, 4, 5, 6, 79 and 10; Civil Law Multiple Choice Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10; See also 2013 Bar Exam: Information, Discussions, Tips, Questions and Results]

VIII.

Ciriaco Realty Corporation (CRC) sold to the spouses Del a Cruz a500-square meter land (Lot A) in Paranaque. The land now has a fair market value of P1,200,000. CRC likewise sold to the spouses Rodriguez, a 700-square meter land (Lot B) which is adjacent to Lot A.
Lot B has a present fair market value of P1,500,000.

The spouses Dela Cruz constructed a house on Lot B, relying on the representation of the CRC sales agent that it is the property they purchased.

Only upon the completion of their house did the spouses Dela Cruz discover that they had built on Lot B owned by the spouses Rodriguez, not on Lot A that they purchased. They spent P1,000,000 for the house.

As their lawyer, advise the spouses Dela Cruz on their rights and obligations under the given circumstances, and the recourses and options open to them to protect their interests. (8%)

5 comments

  1. i don’t think Sps. Dela Cruz are builders in good faith here because the discrepancy between Lot B and Lot A is a whopping 200-square meter and such amount of land is easily discernible and just too big to be ignored by spouses.

    further, their reliance on the representation of the CRC sales agent that Lot B, instead of Lot A, is the lot that they purchase is not enough to bestow in them any semblance of good faith.

  2. Same answer as anon. Pero i think both answers will get full points. Yung mga previous bar exams, may mga alternative answers talaga depende sa appreciation ng facts ng examinee.

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