Question IV, Civil Law, 2018 Bar Exam

Severino died intestate, survived by his wife Saturnina, and legitimate children Soler, Sulpicio, Segundo and the twins Sandro and Sandra. At the time of his death, the twins were only 11 years of age, while all the older children were of age. He left only one property: a 5,000 sq. m. parcel of land. After his death, the older siblings Soler, Sulpicio, and Segundo sold the land to Dr. Santos for PhP500,000 with a right to repurchase, at the same price, within five (5) years from the date of the sale. The deed of sale was signed only by the three (3) older siblings, and covered the entire property. Before the five (5) years expired, Soler and Sulpicio tendered their respective shares of PhP166,666 each to redeem the property. Since Segundo did not have the means because he was still unemployed, Saturnina paid the remaining PhP166,666 to redeem the property. After the property was redeemed from Dr. Santos, the three (3) older children and Saturnina, for herself and on behalf of the twins who were still minors, sold the property to Dr. Sazon, in an absolute sale, for PhP1 million. In representing the twins, Saturnina relied on the fact that she was the natural guardian of her minor children.

(a) Was the first sale to Dr. Santos, and the subsequent repurchase, valid? (2.5%)

(b) Was the second sale to Dr. Sazon valid? May the twins redeem their share after they reach the age of majority? (2.5%)

Suggested Answer:

(a) Yes. Answer

Under the Civil Code, the surviving s...

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