Bar Questions - Civil

7/25/2019 Bar Questions - Civil

1/89

CIVIL LAW

BAR EXAMINATION 2006

- I -

Under Article 213 of the Family Code, no

child under 7 years of age shall beseparated from the mother unless the

court nds compelling reasons to order

other!ise"

1" #$plain the rationale of this

pro%ision" 2"&'

2" (i%e at least 3 e$amples of

)compelling reasons) !hich

*ustify the ta+ing a!ay from the

mothers custody of her childunder 7 years of age" 2"&'

- II -

aul, a married man, had an adulterous

relation !ith .essie" In one of the trysts,

auls !ife, Cecile, caught them

in fagrante" Armed !ith a gun, Cecile

shot aul in a t of e$treme *ealousy,

nearly +iiling him" Four / 0 years after

the incident, aul led an action forlegal separation against Cecile on the

ground that she attempted to +ill him"

1" If you !ere auls counsel, ho!

!ill you argue his case 2"&'

2" If you !ere the la!yer of Cecile,

!hat !ill be your defense 2"&'

3" If you !ere the *udge, ho! !ill

you decide the case &'

- III -

#d and eth ha%e been married for 24

years !ithout children" 5esirous to ha%e

a baby, they consulted 5r" 6un Canlas, a

prominent medical specialist on human

fertility "e ad%ised eth to undergo

articial insemination" It !as found that

#ds sperm count !as inade8uate to

induce pregnancy" ence, the couple

loo+ed for a !illing donor" Andy, the

brother of #d, readily consented todonate his sperm" After a series of tests,

Andys sperm !as medically introduced

into eths o%ary "he became pregnant

and 9 months later, ga%e birth to a baby

boy, named Al%in"

1" :ho is the father of Al%in

#$plain" 2"&'

2" :hat are the re8uirements, if

any, in order for #d to establishhis paternity o%er Al%in" 2"&'

- I; -

(igi and e

marriage e$pired the month before andthat the parties do not belong to his

congregation" After & years of married

life and blessed !ith 2 children, the

spouses de%eloped irreconcilable

dierences, so they parted !ays"

:hile separated,


2/89

1" :hat is the status of the

marriage bet!een (igi and


3/89

?ar%ins second marriage" Is his

marriage to ?anel %alid #$plain" &'

- ;III -

Alberto and 6anine migrated to theUnited tates of America, lea%ing behind

their 0 children, one of !hom is ?anny"

.hey o!n a duple$ apartment and

allo!ed ?anny to li%e In one of the

units" :hile in the United tates, Alberta

died" is !ido! and all his children

e$ecuted an #$tra*udicial ettlement of

Albertos estate !herein the 2-door

apartment !as assigned by all the

children to their mother, 6anine"

ubse8uently, she sold the property to(eorge" .he latter re8uired ?anny to

sign a prepared @ease Contract so that

he and his family could continue

occupying the unit" ?anny refused to

sign the contract alleging that his

parents allo!ed him and his family to

continue occupying the premises"

If you !ere (eorges counsel, !hat legal

steps !ill you ta+e #$plain" &'

- I -

A drug lord and his family reside in a

small bungalo! !here they sell shabu

and other prohibited drugs" :hen the

police found the illegal trade, they

immediately demolished the house

because according to them, it !as a

nuisance per se that should be abated"

Can this demolition be sustained

#$plain" &'

- -

5on died after e$ecuting a @ast :ill and

.estament lea%ing his estate %alued at

D12 ?illion to his common-Ia! !ife

ed 5eed of 5onation, sub*ect

to the condition that the ?inister shall

construct thereon a place of !orship

!ithin 1 year from the acceptance of thedonation" In an aGda%it he e$ecuted in

behalf of the congregation, the ?inister

accepted the donation" .he 5eed of

5onation !as not registered !ith the


4/89

o!e%er, instead of constructing a place

of !orship, the ?inister constructed a

bungalo! on the property he used as his

residence" 5isappointed !ith the

?inister, the spouses re%o+ed the

donation and demanded that he %acatethe premises immediately" ut the

?inister refused to lea%e, claiming that

aside from using the bungalo! as his

residence, he is also using it as a place

of !orship on special occasions" Under

the circumstances, can Alfredo and


5/89

6esus delos santos mo%ed to (eneral

santos City to !or+ in a multi-national

company" .here, he fell in lo%e and

married ?ary (race delos santos" he

re8uested him to ha%e his rst name

changed because his ne! name )6esusdelos santos) is the same as that of her

father !ho abandoned her family and

became a notorious drug lord" he

!anted to forget him" ence, 6esus led

another petition !ith the EGce of the

@ocal Ci%il


6/89

b" Illegal and impossible conditionsin a simple donation %" illegal andimpossible conditions in anonerous donation" /&'

II

/14'

?anila Detroleum Co" o!ned andoperated a petroleum operation facilityo the coast of ?anila" .he facility !aslocated on a Loating platform made of!ood and metal, upon !hich !aspermanently attached the hea%ye8uipment for the petroleum operationsand li%ing 8uarters of the cre!" .heLoating platform li+e!ise contained agarden area, !here trees, plants and

Lo!ers !ere planted" .he platform !astethered to a ship, the ?; 141, !hich!as anchored to the seabed"

a" Is the platform mo%able orimmo%able property

b" Are the e8uipment and li%ing8uarters mo%able or immo%ableproperty

c" Are the trees, plants and Lo!ers

immo%able or mo%able property

Dlease brieLy gi%e the reason for yourans!ers"

III"

#$plain the follo!ing concepts anddoctrines and gi%e an e$ample of eachK

a" concept of trust de sontort/constructi%e trust /&'

b" doctrine of disco%ered peril /lastclear chance /&'

I;"/14'

edroc+ @and M Droperty 5e%elopmentCorp" is a de%elopment company

engaged in de%eloping and sellingsubdi%isions, condominium units andindustrial estates" In order to replenishits in%entories, it embar+ed on anaggressi%e land ban+ing program" Itemployed )scouts) !ho roam all o%er

the Dhilippines to loo+ for and conductin%estigations on prospecti%e sites forac8uisition and de%elopment, !hetherde%eloped, semi-de%eloped or ra! land"

.he management of edroc+ as+s youas the company counsel to prepare amanual containing a summary of thepertinent la!s and regulations relatingto land registration and ac8uisition oftitle to land" .he manual should includethe follo!ing itemsK

a" :hat is the go%erning la!

b" :hat properties are notregistrable

upply this information"

;"/14'

:hat are obligations !ithout anagreement) (i%e %e e$amples of

situations gi%ing rise to this type ofobligations

;I"/14'

Clara, thin+ing of her mortality, drafteda !ill and as+ed


7/89

signing" en*amin, aside from !itnessingthe !ill, also oered to notari>e it" A!ee+ after, Clara !as run o%er by adrun+ dri%er !hile crossing the street in(reenbelt"

?ay the !ill of Clara be admitted toprobate (i%e your reasons brieLy"

;II"

:rite ).


8/89

d" a deposit !ith a!arehousemanN

e" letters a and b

3" A contract of antichresis is

al!aysK

a" a !ritten contractN

b" a contract, !ith astipulation that the debt!ill be paid throughreceipt of the fruits of animmo%ableN

c" In%ol%es the payment ofinterests, if o!ingN

d" All of the abo%eN

e" @etters a and b

0" An, assignee in a proceedingunder the Insol%ency @a!does not ha%e the duty ofK

a" suing to reco%er theproperties of the state ofthe insol%ent debtorN

b" selling property of theinsol%ent debtorN

c" ensuring that a debtorcorporation operate thebusiness eGciently andeecti%ely !hile theproceedings are pendingN

d" collecting and dischargingdebts o!ed to the

insol%ent debtor"

&" In order to obtain appro%al of theproposed settlement of thedebtor in an insol%encyproceeding"

a" the court must initiate theproposal

b" 23 of the number ofcreditors should agree tothe settlementN

c" 3& of the number ofcreditors should agree tothe settlementN

d" 13 of the total debts mustbe represented by theappro%ing creditorsN

e" @etters a and b

/14'

For purpose of this 8uestion, assume allformalities and procedural re8uirementsha%e been complied !ith"

In 1974,


9/89

Ana married Adolf Cru> taedtler, a

di%orced (erman national born of a

(erman father and a Filipino mother

residing in tuttgart" .o a%oid being

re8iured to submit the re8uired

certicate of capacity to marry from the(erman #mbassy in ?anila, Adolf stated

in the application for marriage license

that he !as a Filipino citi>en" :ith the

marriage license stating that Adolf !as a

Filipino, the couple got married in a

ceremony oGciated by the Darish Driest

of Calamba, @aguna in a beach in

asugbu, atangas, as the local parish

priest refused to solemni>e marriages

e$cept in his church" Is the marriage

%alid #$plain fully" /&'

II

At age 1=, ?arian found out that she

!as pregnant" he insured her o!n life

and named her unborn child as her sole

beneciary" :hen she !as already due

to gi%e birth, she and her boyfriend

Dietro, the father of her unboarn child,

!ere +idnapped in a resort in ataan

!here they !ere %acationing" .hemilitary ga%e chase and after one !ee+,

they !ere found in an abandoned hut in

Ca%ite" ?arian and Dietro !ere hac+ed

!ith bolos" ?arian and the baby

deli%ered !ere both found dead, !ith

the babys umbilical cord already cut"

Dietro sur%i%ed"

a" Can ?arians baby be the

beneciary of the insurance ta+en

on the life of the mother /2'

b" et!een ?arian and the baby,

!ho is presumed to ha%e died

ahead /1'

c" :ill Dietro, as sur%i%ing biological

father of the baby, be entitled to

claim the proceeds of the life

insurance on the life of ?arian

/2'

III


10/89

(ianna !as born to Andy and Aimee,

!ho at the time (iannas birth !ere not

married to each other" :hile Andy !as

single at the time, Aimee !as still in the

process of securing a *udicial declaration

of nullity on her marriage to her e$-husband" (iannas birth certicate,

!hich !as signed by both Andy and

Aimee, registered the status of (ianna

as )legitimate), her surname carrying

that of Andys and that her parents !ere

married to each other"

a" Can a *udicial action for

correction of entries in (iannas

birth certicate be successfully

maintained toK

i" Change her status from

)legitimate) to

)illegitimate) /1'N

and

ii" Change her surname from

that of Andys to Aimees

maiden surname /1'

b" Instead of a *udicial action, can

administrati%e proceedings be

brought for the purpose of

ma+ing the abo%e corrections

/2'

c" Assuming that Aimee is

successful in declaring her former

marriage %oid, and Andy and

Aimee subse8uently married

each other, !ould (ianna belegitimated /1'

;

5espite se%eral relationships !ith

dierent !omen, Andre! remained

unmarried" is rst relationship !ith

renda produced a daughter, Amy, no!

34 years old" is second, !ith Carla,

produced t!o sonsK 6on and


11/89

ho!e%er obtaining the consent of his

siblings" After settlement of Ale$s

estate and partition among the heirs, it

!as disco%ered that obbys house !as

constructed on the portion allocated to

his sister, Cathy as+ed obby todemolish his house and %acate the

portion alloted to her" In leiu of

demolition, obby oered to purchase

from Cathy the lot portion on !hich his

house !as constructed" At that time, the

house constructed !as %alued at

D3&4"444"

a" Can Cathy la!fully as+ for

demolition of obbys house

/3'

b" Can obby legally insist on

purchasing the land /2'

;II

Anthony bought a piece of untitled

agricultural land from ert" ert, in turn,

ac8uired the property by forging carlos

signature in a deed of sale o%er the

property" Carlo had been in possessionof the property for = years, declared it

for ta$ purposes, and religiously paid all

ta$es due on the property" Anthony is

not a!are of the defect in erts title,

but has been in actual physical

possession of the property from the time

he bought it from ert, !ho had ne%er

been in possession of the property for

one year"

a" Can Anthony ac8uire o!nershipof the property by ac8uisiti%e

prescription o! many more

years does he ha%e possess it to

ac8uire o!nership /2'

b" If Carlo is able to legally reco%er

his property, can he re8uire

Anthony to account for all the

fruits he has har%ested from the

property !hile in possession

/2'

c" If there are standing crops on theproperty !hen Carlo reco%ers

possession, can Carlo appropriate

them /2'

;III

Adam, a building contractor, !as

engaged by las to construct a house on

a lot !hich he /las o!ns" :hile

digging on the lot in order to lay do!n

the foudation of the house, Adam hit a%ery hard ob*ect" It turned out to be the

%ault of the old anco de las Islas

Filipinas" Using a detonation de%ice,

Adam !as able to open the %ault

containing old notes and coins !hich

!ere in circulation during the panish

era" :hile the notes and coins are no

longer legal tender, they !ere %alued at

D144 million because of their historical

%alue and the coins sil%er nic+el content"

.he follo!ing led legal claims o%er thenotes and coinsK

i" Adam, as nderN

ii" las, as o!ner of the

property !here they !ere

foundN

iii" an+ of the Dhilippine

Islands, as successor-in-

interest of the o!ner ofthe %aultN and

i%" .he Dhilippine (o%ernment

because of their historical

%alue"


12/89

b" :ho o!ns the notes and coins

/0'

c" Assuming that either or both

Adam and las are ad*udged as

o!ners, !ill the notes and coinsbe deemed part of their absolute

community or con*ugal

partnership of gains !ith their

respecti%e spouses /2'

I

.he properties of 6essica and 6enny, !ho

are neighbors, lie along the ban+s of the

?ari+ina


13/89

and the notary public !ho notari>ed the

!ill" .here are no marginal signatures or

pagination appearing on any of the 3

pages" Upon his death, it !as disco%ered

that apart from the house and lot, he

had a D 1 million account deposited !ithAC ban+"

a" :as #rica preterited /1'

b" :hat other defects of the !ill, if

any, can cause denial of probate

/2'

c" :as the disinheritance %alid

/1'

d" o! should the house and lot,

and the cash be distributed /1'

I

6ohn and Daula, ritish citi>ens at birth,

ac8uired Dhilippine citi>enship by

naturali>ation after their marriage"

5uring their marriage the couple

ac8uired substanial landholdings in

@ondon and in ?a+ati" Daula bore 6ohnthree children, Deter, Daul and ?ary" In

one of their trips to @ondon, the couple

e$ecuted a *oint !ill appointing each

other as their heirs and pro%iding that

upon the death of the sur%i%or bet!een

them the entire estate !ould go to Deter

and Daul only but the t!o could not

dispose of nor di%ide the @ondon estate

as long as they li%e" 6ohn and Daul died

tragically in the @ondon ub!ay terrorist

attac+ in 244&" Deter and Daul led apetition for probate of their parents !ill

before a ?a+ati


14/89

c" If


15/89

a" Can Iris see+ rescission of the

sale of the property to 5u$s

mother /3'

b" :ill the alternati%e prayer for

e$tension of the lease prosper/2'

;II

Felipe borro!ed S144 from (usta%o in

199=, !hen the Dhil D - US e$change

rate !as D&B - US1" En ?arch 1, 244=,

Felipe tendered to (usta%o a cashiers

chec+ in the amount of D0,13& in

payment of his US 144 debt, based on

the Dhil D - US e$change rat at thattime" (usta%o accepted the chec+, but

forgot to deposit it until ept" 12, 244="

is ban+ refused to accepted the chec+

because it had become stale" (usta%o

no! !ants Felipe to pay him in cash the

amount of D&,B44" Claiming that the

pre%ious payment !as not in legal

tender, and that there has been

e$traordinary deLation since 199=, and

therefore, Felipe should pay him the

%alue of the debt at the time it !asincurred" Felipe refused to pay him

again, claiming that (usta%o is estopped

from raising the issue of legal tender,

ha%ing accepted the chec+ in ?arch,

and that it !as (usta%os negligence in

not depositing the chec+ immediately

that caused the chec+ to become stale"

a" Can (usta%o no! raised the issue

that the cashiers chec+ is not

legal tender /2'

b" Can Felipe %alidly refuse to pay

(usta%o again /2'

c" Can Felipe compel (usta%o to

recei%e US144 instead /1'

;III

A Corp" entered into a contract !ith R

Corp" !hereby the former agreed to

construct the research and laboratory

facilities of the latter" Under the terms ofthe contract, A Corp" agreed to

complete the facility in 1= months, at

the total contract price of D14 million"

R Corp" paid &4' of the total contract

price, the balance to be paid upon

completion of the !or+" .he !or+ stated

immediately, but A Corp" later

e$perienced !or+ slippage because of

labor unrest in his company" A Corp"s

employees claimed that they are not

being paid on timeN hence, the !or+slo!do!n" As of the 17th month, !or+

!as only 0&' completed" A Corp"

as+ed for e$tension of time, claiming

that its labor problems is a case of

fortuitous e%ent, but this !as denied by

R Corp" :hen it became certain that

the contruction could not be nished on

time, R Corp" sent !ritten notice

cancelling the contract, and re8uiring A

Corp" to immediately %acate the

premises"

a" Can the labor unrest be

considered a fortuitous e%ent

/1'

b" Can R Corp" unilaterrally and

immediately cancel the contract

/2'

c" ?ust A Corp" return the &4'

do!npayment /2'

I

6uliet oered to sell her house and lot,

together !ith all the furniture and

appliances therein to 5ehlma" efore

agreeing to purchase the property,


16/89

5ehlma !ent to the , and herhusbandTs share in the proceeds of 5r"@ope>Ts life insurance policy"


17/89

%alidity of ?arilynTs claims !ith reasons"/0'

III

In 5ecember 2444, ?ichael and Anna,

after obtaining a %alid marriage license,!ent to the EGce of the ?ayor ofUrbano, ulacan, to get married" .he?ayor !as not there, but the ?ayorTssecretary as+ed ?ichael and Anna andtheir !itnesses to ll up and sign there8uired marriage contract forms" .hesecretary then told them to !ait, and!ent out to loo+ for the ?ayor !ho !asattending a !edding in a neighboringmunicipality"

:hen the secretary caught up !ith the?ayor at the !edding reception, shesho!ed him the marriage contract formsand told him that the couple and their!itnesses !ere !aiting in his oGce" .he?ayor forth!ith signed all the copies ofthe marriage contract, ga%e them to thesecretary !ho returned to the ?ayorTsoGce" he then ga%e copies of themarriage contract to the parties, andtold ?ichael and Anna that they !erealready married" .hereafter, the coupleli%ed together as husband and !ife, andhad three sons"

a" Is the marriage of ?ichael andAnna %alid, %oidable, or %oid#$plain your ans!er" /3'

b" :hat is the status of the threechildren of ?ichael and Anna#$plain your ans!er" /2'

c" :hat property regime go%ernsthe properties ac8uired by thecouple #$plain" /2'

IV

arry married :ilma, a %ery !ealthy!oman" arely %e /& years into themarriage, :ilma fell in lo%e !ith 6oseph"

.hus, :ilma !ent to a small country in

#urope, became a naturali>ed citi>en ofthat country, di%orced arry, andmarried 6oseph" A year thereafter, :ilmaand 6oseph returned and establishedpermanent residence in the Dhilippines"

a" Is the di%orce obtained by :ilmafrom arry recogni>ed in theDhilippines #$plain your ans!er"/3'

b" If arry hires you as his la!yer,!hat legal recourse !ould youad%ise him to ta+e :hy /2'

c" arry tells you that he has fallenin lo%e !ith another !oman,#li>abeth, and !ants to marry her

because, after all, :ilma isalready married to 6oseph" Canarry legally marry #li>abeth#$plain" /2'

V

Four children, namelyK Alberto,aldomero, Caridad, and 5ioscoro, !ereborn to the spouses Conrado and Claritade la Costa" .he childrenTs birthcerticates !ere duly signed by

Conrado, sho!ing them to be thecoupleTs legitimate children"

@ater, one #dilberto de la Cru> e$ecuteda notarial document ac+no!ledgingAlberto and aldomero as hisillegitimate children !ith Clarita"#dilberto died lea%ing substantialproperties" In the settlement of hisestate, Alberto and aldomerointer%ened claiming shares as thedeceasedTs illegitimate children" .helegitimate family of #dilberto opposedthe claim"

Are Alberto and aldomero entitled toshare in the estate of #dilberto #$plain"/0'

VI


18/89

En 5ecember 1, 2444, 5r" 6uanitoFuentes e$ecuted a holographic !ill,!herein he ga%e nothing to hisrecogni>ed illegitimate son, 6ay" 5r"Fuentes left for the United tates,passed the e! Ror+ medical licensure

e$aminations, resided therein, andbecame a naturali>ed American citi>en"e died in e! Ror+ in 2447" .he la!s ofe! Ror+ do not recogni>e holographic!ills or compulsory heirs"

a" Can the holographic !ill of 5r"Fuentes be admitted to probate inthe Dhilippines :hy or !hy not/3'

b" Assuming that the !ill is probated

in the Dhilippines, can 6ay %alidlyinsist that he be gi%en hislegitime :hy or !hy not /3'

VII


19/89

PART II

XI

TRUE or FALSE.Ans!er .


20/89

representing that he !as single !hen, infact, he !as notN and e$emplary, toteach a lesson to li+e-minded @otharios"

a" If you !ere the *udge, !ould youa!ard all the claims of anette

#$plain" /3'

b" uppose


21/89

b" :ill your ans!er to VaW be thesame if the contract stipulatesthat upon failure of ed Filipino citi>en" i$ yearsafter ChuaTs death, the heirs e$ecutedan e$tra*udicial settlement of estate,and the parcel of land !as allocated to

6ulian" In 2447, @uciano led suit toreco%er the land he sold to Chua,alleging that the sale !as %oid becauseit contra%ened the Constitution !hichprohibits the sale of pri%ate lands toaliens" 6ulian mo%ed to dismiss the suiton grounds ofpari delicto,laches andac8uisiti%e prescription" 5ecide the case!ith reasons" /0'

XX

a" If @igaya, a Filipino citi>enresiding in the United tates, lesa petition for change of namebefore the 5istrict Court of e!

Ror+, !hat la! shall apply#$plain" /2'

b" If enry, an American citi>enresiding in the Dhilippines, les apetition for change of namebefore a Dhilippine court, !hatla! shall apply #$plain" /2'

BAR EXAMINATION 2010I

True or F!"e.

a" Under Article 2B of the Family

Code, !hen a foreign spouse

di%orces hisher Filipino spouse,

the latter may re-marry by

pro%ing only that the foreign

spouse has obtained a di%orce

against her or him abroad" /1'

b" , a !ido!er, died lea%ing a !ill

stating that the house and lot

!here he li%ed cannot be

partitioned for as long as the

youngest of his four children

desires to stay there" As coheirs

and co-o!ners, the other three

may demand partition anytime"

/1'

II

Mu!#$%!e &'o$&e.

a" A had a 0-storey building !hich

!as constructed by #ngineer "

After %e years, the building

de%eloped crac+s and its stair!ay

e%entually ga%e !ay and

collapsed, resulting to in*uries to

some lessees" :ho should the

lessees sue for damages /1'

1" A, the o!ner

2" , the engineer

3" both A M


22/89

b" E, o!ner of @ot A, learning that

6apanese soldiers may ha%e

buried gold and other treasures

at the ad*oining %acant @ot

belonging to spouses M R,

e$ca%ated in @ot !here shesucceeded in unearthing gold and

precious stones" o! !ill the

treasures found by E be di%ided

/1'

1" 144' to E as nder

2" &4' to E and &4' to the

spouses and R

3" &4' to E and &4' to the state

0" one of the abo%e

c" A e$ecuted a 5eed of 5onation in

fa%or of , a bachelor, co%ering a

parcel of land %alued at D1

million" !as, ho!e%er, out of

the country at the time" For the

donation to be %alid, /1'

1" may e-mail A accepting the

donation"

2" .he donation may be accepted

by Ts father !ith !hom he li%es"3" can accept the donation

anytime con%enient to him"

0" Ts mother !ho has a general

po!er of attorney may accept the

donation for him"

&" one of the abo%e is suGcient

to ma+e Ts acceptance %alid

d" A e$ecuted a &-page notarial !ill

before a notary public and three

!itnesses" All of them signedeach and e%ery page of the !ill"

Ene of the !itnesses !as , the

father of one of the legatees to

the !ill" :hat is the eect of

being a !itness to the !ill /1'

1" .he !ill is in%alidated

2" .he !ill is %alid and eecti%e

3" .he legacy gi%en to Ts child is

not %alid

III

(e)*e+ E*u,er#e or E-%!$*. 2/

e&'

a" :hat is the dierence bet!een

)guaranty) and )suretyship)

b" 5ene quasi tort" :ho are the

persons liable under quasi

torts and !hat are the defenses

a%ailable to them

c" (i%e at least t!o reasons !hy a

court may assume *urisdiction

o%er a conLict of la!s case"

IV

pouses and ( begot t!o osprings"

Albeit they had serious personality

dierences, the spouses continued to

li%e under one roof" begot a son byanother !oman" ( also begot a

daughter by another man"

a" If ( gi%es the surname of to her

daughter by another man, !hat

can do to protect their

legitimate childrens interests

#$plain" /&'

b" If ac8uiesces to the use of his

surname by (Ts daughter byanother man, !hat isare the

conse8uences #$plain" /&'

V

( led on 6uly =, 2444 a petition for

declaration of nullity of her marriage to


23/89

" 5uring the pendency of the case, the

couple entered into a compromise

agreement to dissol%e their absolute

community of property" ceded his right

to their house and lot and all his shares

in t!o business rms to ( and their t!ochildren, aged 1= and 19"

also opened a ban+ account in the

amount of D3 million in the name of the

t!o children to ans!er for their

educational e$penses until they nish

their college degrees"

For her part, ( undertoo+ to shoulder

the day-to-day li%ing e$penses and

up+eep of the children" .he Courtappro%ed the spousesT agreement on

eptember =, 2444"

a" uppose the business rms

suered re%erses, rendering (

unable to support herself and the

children" Can ( still as+ for

supportpendente lite from

#$plain" /3'

b" uppose in late 2440 the t!ochildren had s8uandered the D3

million fund for their education

before they could obtain their

college degrees, can they as+ for

more support from #$plain"

/3'

VI

(igolo entered into an agreement !ith

?a*orette for her to carry in her !ombhis baby %ia in vitro fertili>ation" (igolo

undertoo+ to under!rite ?a*oretteTs pre-

natal e$penses as !ell as those

attendant to her deli%ery" (igolo !ould

thereafter pay ?a*orette D2 million and,

in return, she !ould gi%e custody of the

baby to him"

After ?a*orette gi%es birth and deli%ers

the baby to (igolo follo!ing her receipt

of D2 million, she engages your ser%ices

as her la!yer to regain custody of the

baby"

a" :hat legal action can you le on

behalf of ?a*orette #$plain"

/2"&'

b" Can (igolo demand from

?a*orette the return of the D2

million if he returns the baby

#$plain" /2"&'

c" :ho of the t!o can e$ercise

parental authority o%er the child#$plain" /2"&'

d" Is the child entitled to support

and inheritance from (igolo

#$plain" /2"&'

VII

( and !ere married on 6uly 3, 19=9"

En ?arch 0, 2441, the marriage, !hich

bore no ospring, !as declared %oid abinitio under Article 3B of the Family

Code" At the time of the dissolution of

the marriage, the couple possessed the

follo!ing propertiesK

a house and lot ac8uired by on

August 3, 19==, one third /13 of

the purchase price /representing

do!npayment of !hich he paidN

one third /13 !as paid by ( on

February 10, 1994 out of a cashgift gi%en to her by her parents

on her graduation on April B,

19=9N and the balance !as paid

out of the spousesT *oint incomeN

and


24/89

an apartment unit donated to

by an uncle on 6une 19, 19=7"

a" :ho o!ns the foregoing

properties #$plain" /&'

b" If ( and had married on 6uly 3,

19=7 and their marriage !as

dissol%ed in 2447, !ho o!ns the

properties #$plain" /&'

VIII

pouses


25/89

a" :ho are DeterTs legal heirs and

ho! !ill his estate be di%ided

among them /&'

b" :hat is the eect of the receipt

by DeterTs 3 children by his rstmarriage of their presumpti%e

legitimes on their right to inherit

follo!ing DeterTs death /&'

XII

En ?ay &, 19=9, 1B-year old anno,

!ho !as issued a student permit, dro%e

to school a car, a gift from his parents"

En e%en date, as his class !as

scheduled to go on a eld trip, histeacher re8uested him to accommodate

in his car, as he did, four /0 of his

classmates because the %an rented by

the school !as too cro!ded" En the !ay

to a museum !hich the students !ere

scheduled to %isit, anno made a

!rong maneu%er, causing a collision

!ith a *eepney" Ene of his classmates

died" e and the three /3 others !ere

badly in*ured"

a" :ho is liable for the death of

annoTs classmate and the

in*uries suered by anno and

his 3 other classmates #$plain"

/2'

b" o! about the damage to the

*eepney #$plain" /2'

c" Under the same facts, e$cept the

date of occurrence of theincident, this time in mid-1990,

!hat !ould be your ans!er

#$plain" /2'

XIII

Fran> !as the o!ner of @ot # !hich !as

surrounded by four /0 lots one of !hich

Y @ot C Y he also o!ned" e promised

A%a that if she bought @ot #, he !ould

gi%e her a right of !ay in @ot C"

Con%inced, A%a bought @ot # and, as

promised, Fran> ga%e her a right of !ay

in @ot C"

A%a culti%ated @ot # and used the right

of !ay granted by Fran>"

A%a later found gainful employment

abroad" En her return after more than

14 years, the right of !ay !as no longer

a%ailable to her because Fran> had inthe meantime sold @ot C to 6ulia !ho

had it fenced"

a" 5oes A%a ha%e a right to demand

from 6ulia the acti%ation of her

right of !ay #$plain" /2"&'

b" Assuming A%a opts to demand a

right of !ay from any of the

o!ners of @ots A, , and 5, can

she do that #$plain" /2"&'

XIV

Drimo o!ns a pet iguana !hich he +eeps

in a man-made pond enclosed by a

fence situated in his residential lot" A

typhoon +noc+ed do!n the fence of the

pond and the iguana cra!led out of the

gate of DrimoTs residence" , a neighbor

!ho !as passing by, started thro!ing

stones at the iguana, dra!ing theiguana to mo%e to!ard him" panic+ed

and ran but tripped on something and

suered a bro+en leg"

Is anyone liable for Ts in*uries #$plain"

/0'


26/89

XV

A, , and C entered into a partnership to

operate a restaurant business" :hen the

restaurant had gone past brea+-e%en

stage and started to garner considerableprots, C died" A and continued the

business !ithout dissol%ing the

partnership" .hey in fact opened a

branch of the restaurant, incurring

obligations in the process" Creditors

started demanding for the payment of

their obligations"

a" :ho are liable for the settlement

of the partnershipTs obligations

#$plain /3'

b" :hat are the creditorsT

recourses #$plain" /3'

XVI

!as the o!ner of an unregistered

parcel of land in Cabanatuan City" As she

!as abroad, she ad%ised her sister R %ia

o%erseas call to sell the land and sign a

contract of sale on her behalf"

R thus sold the land to 1 on ?arch 31,

2441 and e$ecuted a deed of absolute

sale on behalf of " 1 fully paid the

purchase price"

2, una!are of the sale of the land to

1, signied to R his interest to buy it

but as+ed R for her authority from "

:ithout informing that she had sold

the land to 1, R sought for a !rittenauthority to sell"

e-mailed R an authority to sell the

land" R thereafter sold the land on ?ay

1, 2441 to 2 on monthly installment

basis for t!o years, the rst installment

to be paid at the end of ?ay 2441"

:ho bet!een 1 and 2 has a better

right o%er the land #$plain" /&'


Se# A

/1:hen does a declaration of absenceof a missing person ta+e eect

/A Immediately from theissuance of the declaration ofabsence"

/ 3 months after the publicationof the declaration of absence"

/C B months after the publicationof the declaration of absence"

/5 1& days from the issuance ofthe declaration of absence"

/2 .he authority that schooladministrators e$ercise o%er schoolchildren under their super%ision,instruction, or custody is called

/A legal parental authority"

/ substitute parental authority"

/C ordinary parental authority"

/5 special parental authority"

/3 Can future inheritance be the sub*ectof a contract of sale

/A o, since it !ill put the

predecessor at the ris+ of harmfrom a tempted buyer, contraryto public policy"

/ Res, since the death of thedecedent is certain to occur"


27/89

/C o, since the seller o!ns noinheritance !hile his predecessorli%es"

/5 Res, but on the condition thatthe amount of the inheritance

can only be ascertained after theobligations of the estate ha%ebeen paid"

/0 Upon the proposal of a third person,a ne! debtor substituted the originaldebtor !ithout the latterTs consent" .hecreditor accepted the substitution" @ater,ho!e%er, the ne! debtor becameinsol%ent and defaulted in his obligation":hat is the eect of the ne! debtorTsdefault upon the original debtor

/A .he original debtor is freed ofliability since no%ation too+ placeand this relie%ed him of hisobligation"

/ .he original debtor shall payor perform the obligation !ithrecourse to the ne! debtor"

/C .he original debtor remainsliable since he ga%e no consent to

the substitution"

/5 .he original debtor shall payor perform &4' of the obligationto a%oid un*ust enrichment on hispart"

/& @ennie bought a business class tic+etfrom Alta Airlines" As she chec+ed in, themanager do!ngraded her to economyon the ground that a Congressman hadto be accommodated in the businessclass" @ennie suered the discomfortand embarrassment of the do!ngrade"he sued the airlines for 8uasi-delict butAlta Airlines countered that, since hertra%el !as go%erned by a contractbet!een them, no 8uasi-delict couldarise" Is the airline correct

/A o, the breach of contractmay in fact be tortious as !hen itis tainted as in this case !itharbitrariness, gross bad faith, andmalice"

/ o, denying @ennie thecomfort and amenities of thebusiness class as pro%ided in thetic+et is a tortious act"

/C Res, since the facts sho! abreach of contract, not a 8uasi-delict"

/5 Res, since 8uasi-delictpresupposes the absence of apre-e$isting contractual relation

bet!een the parties"

/B :hich of the follo!ing is anindispensable re8uirement in an actionfor )8uieting of title) in%ol%ing realproperty .he plainti must

/A be in actual possession of theproperty"

/ be the registered o!ner of theproperty"

/C ha%e legal or e8uitable title tothe property"

/5 be the benecial o!ner of theproperty"

/7 and R !ere to marry in 3 months"?eantime, to e$press his aection, donated a house and lot to R, !hichdonation !rote in a letter to R" R !rotebac+, accepting the donation and too+

possession of the property" efore the!edding, ho!e%er, R suddenly died ofheart attac+" Can RTs heirs get theproperty

/A o, since the marriage did notta+e place"


28/89

/ Res, since all the re8uisites ofa donation of an immo%able arepresent"

/C o, since the donation and itsacceptance are not in a public

instrument"

/5 Res, since freely donatedthe property to R !ho became itso!ner"

/=


29/89

/C %icarious liability"

/5 abuse of rights"

/12 :hich of the follo!ing is E. abasis for rendering a disinheritance

defecti%e or imperfect

/A Its cause comes from the guiltof a spouse in a legal separationcase, the innocent-spouse ha%ingdied"

/ .he truth of its cause isdenied and not suGcientlypro%ed by e%idence"

/C Its cause is not authori>ed by

the la!"

/5 Its cause is not specied"

/13 ?anuel came to ?anila and married?arianne" Un+no!n to ?arianne, ?anuelhad been pre%iously con%icted inDala!an of theft and ser%ed time for it"After ?arianne learned of his pre%iouscon%iction, she stopped li%ing !ith him"Can ?arianne see+ the annulment of themarriage based on ?anuelTs

nondisclosure of his pre%ious crime

/A o, since the assumption isthat marriage forgi%es all past!rongs"

/ Res, since the non-disclosureof that crime is the e8ui%alent offraud, !hich is a ground forannulment"

/C o, in case of doubt, the la!

must be construed to preser%ethe institution of marriage"

/5 o, since ?anuel alreadyser%ed the penalty for his crime"

/10 Arthur and elen, both Filipinos, gotmarried and had 2 children" Arthur later!or+ed in enship" e got a di%orce fromelen in ed his mista+e,as+ed forgi%eness of his !ife, andresumed li%ing !ith her" .hey had 2more children" :hat is the status of

their 0 children

/A .he children born before thedi%orce are legitimate but thoseborn after it are not since Arthurgot the di%orce !hen he hadceased to be a Filipino"

/ .he di%orce renderedillegitimate the children bornbefore it since the marriage thatbegot them had been nullied"

/C .he children born before andafter the di%orce are all legitimatesince Dhilippine la! does notrecogni>e di%orce"

/5 All the children are legitimatesince they !ere born of the samefather and mother"

/1& :ho can ma+e a donation

/A All persons !ho can enter intocontracts and dispose of theirproperty"

/ All persons !ho are of legalage and suer from no ci%ilinterdiction"

/C All persons !ho can ma+e alast !ill and testament"

/5 All persons, !hether natural

or articial, !ho o!n property"

/1B .he liability of the partners,including industrial partners forpartnership contracts entered into in itsname and for its account, !hen allpartnership assets ha%e been e$haustedis


30/89

/A Dro-rata"

/ 6oint"

/C olidary"

/5 ;oluntary"

/17 :hen can a missing person !ho leftsomeone to administer his property bedeclared an absentee by the court:hen he has been missing for

/A 2 years from the receipt of thelast ne!s about him"

/ 7 years from the receipt of thelast ne!s about him"

/C 14 years from the receipt ofthe last ne!s about him"

/5 & years from the receipt ofthe last ne!s about him"

/1= :hich of the follo!ing claimsagainst the debtor en*oys preferenceo%er the others !ith respect to hisspecic immo%able property and realrights

/A Unpaid price of real propertysold, upon the immo%ableproperty"

/ ?ortgage credits recorded inthe registry of property, upon themortgaged real estate"

/C .a$es due, upon the land orbuilding"

/5 #$penses for the preser%ationand impro%ement of property,!hen the la! authori>esreimbursement, upon thepreser%ed or impro%edimmo%able"

/19 :hen bilateral contracts are%itiated !ith %ices of consent, they arerendered

/A rescissible"

/ %oid"

/C unenforceable"

/5 %oidable"

/24 An agent, authori>ed by a specialpo!er of attorney to sell a landbelonging to the principal succeeded inselling the same to a buyer according tothe instructions gi%en the agent" .heagent e$ecuted the deed of absolute

sale on behalf of his principal t!o daysafter the principal died, an e%ent thatneither the agent nor the buyer +ne! atthe time of the sale" :hat is thestanding of the sale

/A ;oidable"

/ ;alid"

/C ;oid"

/5 Unenforceable"

/21 pouses A and leased a piece ofland belonging to s parents for 2&years" .he spouses built their house onit !orth D344,444"44" ubse8uently, in acase that C led against A and , thecourt found the latter liable to C forD244,444"44" :hen the sheri !asattaching their house for the satisfactionof the *udgment, A and claimed that it!as e$empt from e$ecution, being a

family home" Is this claim correct

/A Res, because !hile Ts parentso!n the land, they agreed toha%e their daughter build herfamily home on it"


31/89

/ o, because there is no*udicial declaration that it is afamily home"

/C o, since the land does notbelong to A and , it cannot

8ualify as a family home"

/5 Res, because the A and Tsfamily actually li%es in thathouse"

/22 olomon sold his coconut plantationto Aragon, Inc" for D144 million, payablein installments of D14 million per month!ith B' interest per annum" olomonmarried @orna after & months and theychose con*ugal partnership of gains to

go%ern their property relations" :henthey married, Aragon had an unpaidbalance of D&4 million plus interest inolomonTs fa%or" .o !hom !ill AragonTsmonthly payments go after themarriage

/A .he principal shall go to thecon*ugal partnership but theinterests to olomon"

/ oth principal and interests

shall go to olomon since theyare his e$clusi%e properties"

/C oth principal and interestsshall go to the con*ugalpartnership since these becomedue after the marriage"

/5 .he principal shall go toolomon but the interests to thecon*ugal partnership"

/23 and R, although not sueringfrom any impediment, cohabited ashusband and !ife !ithout the benet ofmarriage" Follo!ing the birth of theirchild, the couple got married" A yearafter, ho!e%er, the court annulled themarriage and issued a decree ofannulment" :hat is the present status ofthe child

/A @egitimated"

/ Illegitimate"

/C atural child"

/5 @egitimate"

/20 :hen A and married, they chosecon*ugal partnership of gains to go%erntheir property relations" After 3 years, succeeded in getting her marriage to Aannulled on ground of the latterTspsychological incapacity" :hatli8uidation procedure !ill they follo! indisposing of their assets

/A .hey !ill follo! the rule

go%erning the li8uidation of acon*ugal partnership of gains!here the party !ho acted in badfaith forfeits his share in the netprots"

/ ince the marriage has beendeclared %oid, the rule forli8uidation of absolute communityof property shall be follo!ed"

/C .he li8uidation of a co-

o!nership applies since theannulment brought their propertyrelation under the chapter onproperty regimes !ithoutmarriage"

/5 .he la! on li8uidation ofpartnerships applies"

/2& and R agreed %erbally before theirmarriage /a on the paternity of theillegitimate child of R and /b on the

economic regime that !ill go%ern andRTs property relations" Is the %erbalagreement %alid

/A o, because a marriagesettlement to be %alid should bein !riting"


32/89

/ Res, since ante-nuptialagreements need not be in!riting"

/C o, because a marriagesettlement cannot include an

agreement on the paternity of anillegitimate child"

/5 Res, since e%en if it is not a%alid marriage settlement, it is a%alid %erbal contract"

/2B pouses and R ha%e a minordaughter, H, !ho needs support for hereducation" oth and R, !ho arenancially distressed, could not gi%e theneeded support to H" As it happens, HTs

other relati%es are nancially capable ofgi%ing that support" From !hom may Hrst rightfully demand support Fromher

/A grandfather"

/ brother"

/C uncle"

/5 rst cousin"

/27 Fidel, a Filipino !ith fair comple$ion,married (loria" efore the marriage,(loria confessed to Fidel that she !ast!o-month pregnant !ith the child of ablac+ African !ho had left the countryfor good" :hen the child !as born, Fidelcould not accept it being too blac+ incomple$ion" :hat is the status of thechild

/A Illegitimate, because (loria

confessed that the child is notFidelTs"

/ Illegitimate, because by thecolor of its s+in, the child couldnot possibly be that of Fidel"

/C @egitimate, because the child!as born !ithin a %alid marriage"

/5 @egitimate, because Fidelagreed to treat the child as hiso!n after (loria told him !ho thefather !as"

/2= .he husbandTs acts of forcibly

e*ecting his !ife !ithout *ust cause fromthe con*ugal d!elling and refusing tota+e her bac+ constitutes

/A desertion"

/ recrimination"

/C constructi%e abandonment"

/5 de facto separation"

/29 In his !ill, the testator designated as a legatee to recei%e D2 million for thepurpose of buying an ambulance thatthe residents of his arangay can use":hat +ind of institution is this

/A a deicomissary institution"

/ a modal institution"

/C a conditional institution"

/5 a collecti%e institution"

/34 insured himself for D& million,designating R, his !ife, as his solebeneciary" .he designation !asirre%ocable" A fe! years later, hadtheir marriage annulled in court on theground that R had an e$isting priormarriage" subse8uently died, Is Rentitled to the insurance benets

/A Res, since the insurance !as

not dependent on the marriage"

/ Res, since her designation asbeneciary !as irre%ocable"

/C o, Ts designation of R isre%o+ed by operation of la! upon


33/89

the annulment of their marriagebased on RTs fault"

/5 Res, since !ithout *udicialre%ocation, Ts designation of Rremains %alid and binding"

/31 ?ay a spouse freely donatecommunal or con*ugal property !ithoutthe consent of the other

/A Absolutely not, since thespouses co-o!n such property"

/ Res, for properties that thefamily may spare, regardless of%alue"

/C Res, pro%ided the donation ismoderate and intended forcharity or family re*oicing"

/5 Res, in a donation mortiscausa that the donor may stillre%o+e in his lifetime"

/32 .he decedent died intestate lea%ingan estate of D14 million" e left thefollo!ing heirsK a ?arlon, a legitimatechild and b Cecilia, the legal spouse"

5i%ide the estate"

/A ?arlon gets 10 and Ceciliagets 30"

/ ?arlon gets 23 and Cecilia13"

/C ?arlon gets 12 and Ceciliagets 12"

/5 ?arlon gets 30 and Cecilia

10"

/33 Contracts ta+e eect only bet!eenthe parties or their assigns and heirs,e$cept !here the rights and obligationsarising from the contract are nottransmissible by their nature, bystipulation, or by pro%ision of la!" In thelatter case, the assigns or the heirs are

not bound by the contracts" .his is+no!n as the principle of

/A


34/89

/3B Pno!ing that the car had a hiddencrac+ in the engine, sold it to R!ithout informing the latter about it" Inany e%ent, the deed of sale e$presslystipulated that !as not liable forhidden defects" 5oes R ha%e the right to

demand from a reimbursement of!hat he spent to repair the engine plusdamages

/A Res" is liable !hether or nothe !as a!are of the hiddendefect"

/ Res, since the defect !as nothiddenN +ne! of it but he actedin bad faith in not disclosing thefact to R"

/C o, because R is in estoppel,ha%ing changed engine !ithoutprior demand"

/5 o, because R !ai%ed the!arranty against hidden defects"

/37 Acme Cannery produced sardines incans +no!n as )ards") ?ylene bought acan of ards from a store, ate it, andsuered from poisoning caused by a

no$ious substance found in the sardines"?ylene led a case for damages againstAcme" :hich of the follo!ing defenses!ill hold

/A .he e$piry date of the )ards)!as clearly printed on its can, stillthe store sold and ?ylene boughtit"

/ ?ylene must ha%e detectedthe no$ious substance in thesardines by smell, yet she still ateit"

/C Acme had no transaction !ith?yleneN she bought the )ards)from a store, not directly fromAcme"

/5 Acme en*oys the presumptionof safeness of its canningprocedure and ?ylene has noto%ercome such presumption"

/3= Fernando e$ecuted a !ill,

prohibiting his !ife ?arina fromremarrying after his death, at the pain ofthe legacy of D144 ?illion in her fa%orbecoming a nullity" ut a year afterFernandoTs death, ?arina !as soo%er!helmed !ith lo%e that she marriedanother man" Is she entitled to thelegacy, the amount of !hich is !ell!ithin the capacity of the disposablefree portion of FernandoTs estate

/A Res, since the prohibition

against remarrying is absolute, itis deemed not !ritten"

/ Res, because the prohibition isinhuman and oppressi%e and%iolates ?arinaTs rights as a free!oman"

/C o, because the nullity of theprohibition also nullies thelegacy"

/5 o, since such prohibition isauthori>ed by la! and is notrepressi%eN she could remarry butmust gi%e up the money"

/39 , the o!ner, constituted a 14-yearusufruct on his land as !ell as on thebuilding standing on it in RTs fa%or" AfterLood totally destroyed the building &years later, told R that an act of (odterminated the usufruct and that heshould %acate the land" Is , the o!nerof the land, correct

/A o, since the building !asdestroyed through no fault of R"

/ o, since R still has the rightto use the land and the materialsleft on it"


35/89

/C Res, since R cannot use theland !ithout the building"

/5 Res, since the destruction ofthe building !ithout the Ts faultterminated the usufruct"

/04 In gratitude, the groomTs parentsmade a donation of a property in !ritingto the brideTs parents shortly beforetheir childrenTs !edding" .he donation!as accepted" :hat is the nature of thedonation

/A It is an ordinary donationsince it !as not gi%en to the brideor groom"

/ It is donation propter nuptiassince it !as gi%en !ith themarriage in mind"

/C It is an indirect donationpropter nuptias since the bride!ould e%entually inherit theproperty from her parents"

/5 It is a remunatory donation"

/01 and R, both Filipinos, !ere

married and resided in pain althoughthey intend to return to the Dhilippinesat some future time" .hey ha%e note$ecuted any marriage settlements":hat la! go%erns their propertyrelations

/A .hey may choose bet!eenpanish la! and Dhilippine la!"

/ Dhilippine la! since they areboth Filipinos"

/C o regime of propertyrelations !ill apply to them"

/5 panish la! since they li%e inpain"

/02 irth determines personality" 5eathe$tinguishes it" Under !hat

circumstances may the personality of adeceased person continue to e$ist

/A In case of re-appearance of amissing person presumed dead"

/ In protecting the !or+s of adeceased under intellectualproperty la!s"

/C In case of declaration ofpresumpti%e death of a missingspouse"

/5 In the settlement of theestate of a deceased person"

/03 i$ tenants sued , the lando!ner,

for !illfully denying them !ater for theirfarms, !hich !ater happened to Lo!from land under Ts control, his intentionbeing to force them to lea%e hisproperties" Is liable for his act and!hy

/A o, because the tenants mustbe content !ith !aiting forrainfall for their farms"

/ o, since o!ns both the

land and the !ater"

/C Res, because the tenantsTfarms ha%e the natural right ofaccess to !ater !here%er it islocated"

/5 Res, since !illfully causedin*ury to his tenants contrary tomorals, good customs or publicpolicy"

/00 Illegitimate brothers and sisters,!hether of full or half-blood, are boundto support each other, #C#D. !hen

/A the brother or sister !honeeds support li%es in anotherplace"


36/89

/ such brothers and sisters arenot recogni>ed by their father"

/C the brother or sister in needstops schooling !ithout %alidreason"

/5 the need for support of abrother or sister, already of age,is due to the latters fault"

/0& ;irgilio o!ned a bare and simples!imming pool in his garden" ?, a 7-year old child, surreptitiously enteredthe garden and merrily romped aroundthe ledges of the pool" e accidentallytripped, fell into the pool, and dro!ned"?Ts parents sued ;irgilio for damages

arising from their childTs death,premised on the principle of )attracti%enuisance)" Is ;irgilio liable for the deathof ?

/A o, the child !as 7 years oldand +ne! the dangers that thepool oered"

/ Res, being an attracti%enuisance, ;irgilio had the duty topre%ent children from coming

near it"

/C o, since the pool !as bareand had no enticing or alluringgadgets, Loats, or de%ices in itthat !ould attract a 7-year oldchild"

/5 Res, since ;irgilio did notco%er the s!imming pool !hilenot in use to pre%ent childrenfrom falling into it"

/0B .he term of a &-year lease contractbet!een the lessor and R the lessee,!here rents !ere paid from month tomonth, came to an end" till, Rcontinued using the property !ith Tsconsent" In such a case, it is understoodthat they impliedly rene!ed the lease

/A from month to month underthe same conditions as to therest"

/ under the same terms andconditions as before"

/C under the same terms e$ceptthe rent !hich they or the courtmust $"

/5 for only a year, !ith the rentraised by 14' pursuant to therental control la!"

/07 ed by their biological fathers,shall use the surname of their

/A biological father sub*ect to nocondition"

/ mother or biological father, atthe motherTs discretion"


37/89

/C mother"

/5 biological father unless he*udicially opposes it"

/09 Asiong borro!ed D1 million from a

ban+, secured by a mortgage on hisland" :ithout his consent, his friendoyong paid the !hole loan" inceAsiong beneted from the payment, canoyong compel the ban+ to subrogatehim in its right as mortgagee of Asiongsland

/A o, but the ban+ canforeclose and pay oyong bac+"

/ o, since oyong paid for

AsiongTs loan !ithout hisappro%al"

/C Res, since a change of creditortoo+ place by no%ation !ith theban+Ts consent"

/5 Res, since it is but right thatoyong be able to get bac+ hismoney and, if not, to foreclosethe mortgage in the manner ofthe ban+"

/&4 Congress passed a la! imposingta$es on income earned out of aparticular acti%ity that !as notpre%iously ta$ed" .he la!, ho!e%er,ta$ed incomes already earned !ithin thescal year !hen the la! too+ eect" Isthe la! %alid

/A o, because la!s areintended to be prospecti%e, notretroacti%e"

/ o, the la! is arbitrary in thatit ta$es income that has alreadybeen spent"

/C Res, since ta$ la!s are thelifeblood of the nation"

/5 Res, ta$ la!s are ane$ceptionN they can be gi%enretroacti%e eect"

/&1


38/89

/5 .hey are superseded by theFamily Code !hich hasretroacti%e eect"

/&3 .he testator e$ecuted a !illfollo!ing the formalities re8uired by the

la! on succession !ithout designatingany heir" .he only testamentarydisposition in the !ill is the recognitionof the testators illegitimate child !ith apopular actress" Is the !ill %alid

/A Res, since in recogni>ing hisillegitimate child, the testator hasmade him his heir"

/ o, because the non-designation of heirs defeats the

purpose of a !ill"

/C o, the !ill comes to life only!hen the proper heirs areinstituted"

/5 Res, the recognition of anillegitimate heir is an amplereason for a !ill"

/&0 A left , his !ife, in the Dhilippinesto !or+ in #gypt but died in that country

after a yearTs continuous stay" .!omonths after ATs death, ga%e birth to achild, claiming it is ATs child" :ho canassail the legitimacy of the child

/A ATs other heirs apart from "

/ .he tate !hich has interestin the !elfare of o%erseascontract !or+ers"

/C Any one !ho is outraged by

Ts claim"

/5 o one since A died"

/&& J< and . !ho had a marriagelicense re8uested a ne!ly appointed

6udge in ?anila to marry them on thebeach of oracay" ince the 6udgemaintained oracay as his residence, he

agreed" .he sponsors !ere all publicoGcials" :hat is the status of themarriage"

/A ;alid, since the improper%enue is merely an irregularityN

all the elements of a %alidmarriage are present"

/ ;oid, because the couple didnot get local permit for a beach!edding"

/C ;oidable, because the 6udgeacted beyond his territorial

*urisdiction and isadministrati%ely liable for thesame"

/5 ;oid, because the 6udge didnot solemni>e the marriage!ithin the premises of his court"

/&B and R, Filipinos, got married in @osAngeles, UA, using a marriage licenseissued by the Dhilippine consul in @osAngeles, acting as Ci%il


39/89

/&7 Allan bought illyTs propertythrough Carlos, an agent empo!ered!ith a special po!er of attorney /DA tosell the same" :hen Allan !as ready topay as scheduled, illy called, directingAllan to pay directly to him" En learning

of this, Carlos, illys agent, told Allan topay through him as his DA pro%idedand to protect his commission" Faced!ith t!o claimants, Allan consigned thepayment in court" illy protested,contending that the consignation isineecti%e since no tender of payment!as made to him" Is he correct

/A o, since consignation!ithout tender of payment isallo!ed in the face of the

conLicting claims on the plainti"

/ Res, as o!ner of the propertysold, illy can demand paymentdirectly to himself"

/C Res, since Allan made noannouncement of the tender"

/5 Res, a tender of payment isre8uired for a %alid consignation"

/&= sold R 144 sac+s of rice that R!as to pic+ up from Ts rice mill on aparticular date" R did not, ho!e%er,appear on the agreed date to ta+edeli%ery of the rice" After one !ee+, automatically rescinded the sale !ithoutnotarial notice to R" Is the rescission%alid

/A Res, automatic rescission isallo!ed since, ha%ing thecharacter of mo%ables andconsumables, rice can easilydeteriorate"

/ o, the buyer is entitled to acustomary 34-day e$tension ofhis obligation to ta+e deli%ery ofthe goods"

/C o, since there !as noe$press agreement regardingautomatic rescission"

/5 o, the seller should rstdetermine that R !as not *ustied

in failing to appear"

/&9 .he !ife led a case of legalseparation against her husband on theground of se$ual indelity !ithoutpre%iously e$erting earnest eorts tocome to a compromise !ith him" .he

*udge dismissed the case for ha%ingbeen led !ithout complying !ith acondition precedent" Is the dismissalproper

/A o, eorts at a compromise!ill only deepen the !ifeTsanguish"

/ o, since legal separation li+e%alidity of marriage is not sub*ectto compromise agreement forpurposes of ling"

/C Res, to a%oid a family feudthat is hurtful to e%eryone"

/5 Res, since the dispute couldha%e been settled !ith theparties agreeing to legalseparation"

/B4 An Australian li%ing in theDhilippines ac8uired shares of stoc+!orth D14 million in food manufacturingcompanies" e died in ?anila, lea%ing alegal !ife and a child in Australia and ali%e-in partner !ith !hom he had t!ochildren in ?anila" e also left a !ill,done according to Dhilippine la!s,lea%ing all his properties to his li%e-inpartner and their children" :hat la! !illgo%ern the %alidity of the disposition inthe !ill

/A Australia la! since his legal!ife and legitimate child are


40/89

Australians and domiciled inAustralia"

/ Australian la! since theintrinsic %alidity of the pro%isionsof a !ill is go%erned by the

decedentTs national la!"

/C Dhilippine la! since thedecedent died in ?anila and hee$ecuted his !ill according tosuch la!"

/5 Dhilippine la! since thedecedentTs properties are in theDhilippines"

/B1 bought a land from R, paying him

cash" ince they !ere friends, they didnot e$ecute any document of sale" After7 years, the heirs of as+ed R toe$ecute a deed of absolute sale toformali>e the %erbal sale to their father"Un!illing to do so, Ts heirs led anaction for specic performance against

R" :ill their action prosper

/A o, after more than B years,the action to enforce the %erbalagreement has already elapsed"

/ o, since the sale cannotunder the tatute of Frauds beenforced"

/C Res, since bought the landand paid R for it"

/5 Res, after full payment, theaction became imprescriptible"

/B2 A court declared


41/89

/A o, because the !ife mustal!ays be submissi%e andrespectful to the husband"

/ Res" .he marriage not ha%ingbeen dissol%ed, the husband

continues to ha%e an obligation tosupport his !ife"

/C o, because in lea%ing thecon*ugal home !ithout *ustcause, she forfeits her right tosupport"

/5 Res, since the right to recei%esupport is not sub*ect to anycondition"

/B& In the order of intestate succession!here the decedent is legitimate, !ho isthe last intestate heirs or heir !ho !illinherit if all heirs in the higher le%el aredis8ualied or unable to inherit

/A ephe!s and nieces"

/ rothers and sisters"

/C tate"

/5 Ether collateral relati%es upto the &th degree ofconsanguinity"

/BB


42/89

/A :hen adherence to it !ouldresult in the (o%ernmentTs loss ofits case"

/ :hen the application of thedoctrine !ould cause great

pre*udice to a foreign national"

/C :hen necessary to promotethe passage of a ne! la!"

/5 :hen the precedent hasceased to be benecial anduseful"

/74


43/89

/5 Res, if they ac8uiredproperties !hile li%ing together ashusband and !ife"

/73 6oseph, a 17-year old Filipino,married 6enny, a 21-year old American in

Illinois, UA, !here the marriage !as%alid" .heir parents ga%e full consent tothe marriage of their children" Afterthree years, 6oseph led a petition in theUA to promptly di%orce 6enny and this!as granted" :hen 6oseph turned 2&years, he returned to the Dhilippines andmarried @eonora" :hat is the status ofthis second marriage

/A ;oid, because he did notcause the *udicial issuance of

declaration of the nullity of hisrst marriage to 6enny beforemarrying @eonora"

/ ;alid, because 6osephsmarriage to 6enny is %oid, hebeing only 17 years of age !henhe married her"

/C ;alid, because his marriage to@eonora has all the elements of a%alid marriage"

/5 ;oid, because 6oseph is stillconsidered married to 6enny sincethe Dhilippines does notrecogni>e di%orce"

/70 . died intestate, lea%ing an estateof D9,444,444" e left as heirs threelegitimate children, namely, A, , and C"A has t!o children, 5 and #" efore hedied, A irre%ocably repudiated hisinheritance from . in a public instrumentled !ith the court" o! much, if any,!ill 5 and #, as ATs children, get from .Tsestate

/A #ach of 5 and # !ill getD1,&44,444 by right ofrepresentation since their fatherrepudiated his inheritance"

/ #ach of 5 and # !ill getD2,22&,444 because they !illinherit from the estate e8ually!ith and C"

/C 5 and # !ill get none because

of the repudiationN )) and )C)!ill get ATs share by right ofaccretion"

/5 #ach of 5 and # !ill getD2,444,444 because the la! gi%esthem some ad%antage due to thedemise of )A)"

/7& o decree of legal separation canbe issued

/A unless the childrenTs !elfareis attended to rst"

/ !ithout prior eorts atreconciliation sho!n to be futile"

/C unless the court rst directsmediation of the parties"

/5 !ithout prior in%estigationconducted by a public prosecutor"

/7B , !ho !as abroad, phoned hisbrother, R, authori>ing him to sell Tsparcel of land in Dasay" sent the title to

R by courier ser%ice" Acting for hisbrother, R e$ecuted a notari>ed deed ofabsolute sale of the land to H afterrecei%ing payment" :hat is the status ofthe sale

/A ;alid, since a notari>ed deedof absolute sale co%ered thetransaction and full payment !as

made"

/ ;oid, since should ha%eauthori>ed agent R in !riting tosell the land"

/C ;alid, since R !as truly hisbrother Ts agent and entrusted


44/89

!ith the title needed to eect thesale"

/5 ;alid, since the buyer couldle an action to compel toe$ecute a deed of sale"

/77 In a true pacto de retro sale, thetitle and o!nership of the property soldare immediately %ested in the %endee aretro sub*ect only to the resolutorycondition of repurchase by the %endor aretro !ithin the stipulated period" .his is+no!n as

/A e8uitable mortgage"

/ con%entional redemption"

/C legal redemption"

/5 e8uity of redemption"

/7= A natural obligation under the e!Ci%il Code of the Dhilippines is one !hich

/A the obligor has a moralobligation to do, other!iseentitling the obligee to damages"

/ refers to an obligation in!riting to do or not to do"

/C the obligee may enforcethrough the court if %iolated bythe obligor"

/5 cannot be *udicially enforcedbut authori>es the obligee toretain the obligorTs payment orperformance"

/79 .he husband assumed soleadministration of the familyTs mangoplantation since his !ife !or+ed abroad"ubse8uently, !ithout his !ifeTs+no!ledge, the husband entered into anantichretic transaction !ith a company,gi%ing it possession and management ofthe plantation !ith po!er to har%est andsell the fruits and to apply the proceeds

to the payment of a loan he got" :hat isthe standing of the contract

/A It is %oid in the absence of the!ifeTs consent"

/ It is %oid absent anauthori>ation from the court"

/C .he transaction is %oid andcan neither be ratied by the !ifenor authori>ed by the court"

/5 It is considered a continuingoer by the parties, perfectedonly upon the !ifeTs acceptanceor the courtTs authori>ation"

/=4 :hen the donor gi%es donations!ithout reser%ing suGcient funds for hissupport or for the support of hisdependents, his donations are

/A


45/89

/A Res, since essyTs refusal ofthe managerTs chec+, !hich ispresumed funded, amounts to asatisfaction of the obligation"

/ o, since tender of payment

e%en in cash, if refused, !ill notdischarge the obligation !ithoutproper consignation in court"

/C Res, since Anne tenderedpayment of the full amount due"

/5 o, since a managerTs chec+is not considered legal tender inthe Dhilippines"

/=2 .he residents of a subdi%ision ha%e

been using an open strip of land aspassage to the high!ay for o%er 34years" .he o!ner of that land decided,ho!e%er, to close it in preparation forbuilding his house on it" .he residentsprotested, claiming that they becameo!ners of the land through ac8uisiti%eprescription, ha%ing been in possessionof the same in the concept of o!ners,publicly, peacefully, and continuouslyfor more than 34 years" Is this claimcorrect

/A o, the residents ha%e notbeen in continuous possession ofthe land since they merelypassed through it in going to thehigh!ay"

/ o, the o!ner did notabandon his right to the propertyNhe merely tolerated hisneighborsT use of it for passage"

/C Res, residents of thesubdi%ision ha%e become o!nersby ac8uisiti%e prescription"

/5 Res, community o!nership byprescription pre%ails o%er pri%ateclaims"

/=3 .he o!ner of a thing cannot use itin a !ay that !ill in*ure the right of athird person" .hus, e%ery building orland is sub*ect to the easement !hichprohibits its proprietor or possessor fromcommitting nuisance li+e noise, *arring,

oensi%e odor, and smo+e" .his principleis +no!n as

/A 6us %indicandi"

/ ic utere tuo ut alienum nonlaedas"

/C 6us dispondendi"

/5 6us abutendi"

/=0 6anice and 6ennifer are sisters"6anice sued 6ennifer and @aura, 6enniferTsbusiness partner for reco%ery ofproperty !ith damages" .he complaintdid not allege that 6anice e$ertedearnest eorts to come to a compromise!ith the defendants and that sucheorts failed" .he *udge dismissed thecomplaint outright for failure to comply!ith a condition precedent" Is thedismissal in order

/A o, since @aura is a strangerto the sisters, 6anice has no moralobligation to settle !ith her"

/ Res, since court shouldpromote amicable settlementamong relati%es"

/C Res, since members of thesame family, as parties to thesuit, are re8uired to e$ert earnesteorts to settle their disputes

before coming to court"

/5 o, the family council, !hich!ould ordinarily mediate thedispute, has been eliminatedunder the Family Code"

/=& borro!ed money from a ban+,secured by a mortgage on the land of R,


46/89

his close friend" :hen the loan matured,R oered to pay the ban+ but it refusedsince R !as not the borro!er" Is theban+Ts action correct

/A Res, since , the true

borro!er, did not gi%e his consentto RTs oer to pay"

/ o, since anybody candischarge Ts obligation to hisbenet"

/C o, since R, the o!ner of thecollateral, has an interest in thepayment of the obligation"

/5 Res, since it !as !ho has an

obligation to the ban+"

/=B .he right of a mortgagor in a*udicial foreclosure to redeem themortgaged property after his default inthe performance of the conditions of themortgage but before the sale of themortgaged property or conrmation ofthe sale by the court, is +no!n as

/A accion publiciana"

/ e8uity of redemption"

/C pacto de retro"

/5 right of redemption"

/=7 :hen does the regime of con*ugalpartnership of gains begin to e$ist

/A At the moment the partiesta+e and declare each other ashusband and !ife before

oGciating oGcer"

/ At the time the spousesac8uire properties through *ointeorts"

/C En the date the futurespouses e$ecuted their marriagesettlements because this is the

starting point of their maritalrelationship"

/5 En the date agreed upon bythe future spouses in theirmarriage settlements since their

agreement is the la! bet!eenthem"

/== 6osie, 1=, married 5ante, 2&,!ithout her parentsT +no!ledge andconsent, and li%ed !ith him" After ayear, 6osie returned to her parentsThome, complained of the unbearablebattering she !as getting from 5ante,and e$pressed a desire to ha%e hermarriage !ith him annulled" :ho maybring the action

/A 5ante"

/ er parents"

/C 6osie herself"

/5 .he tate"

/=9 , a married man, cohabited !ith R,an unmarried !oman" .heir relationbore them , a baby boy"

ubse8uently, after became a!ido!er, he married R" :as legitimated by that marriage

/A Res, since his parents are no!la!fully married"

/ Res, since he is an innocentparty and the marriage rectiedthe !rong done him"

/C o, since once illegitimate, a

child shall al!ays remainillegitimate"

/5 o, since his parents !ere not8ualied to marry each other!hen he !as concei%ed"


47/89

/94 .he presence of a %ice of consent%itiates the consent of a party in acontract and this renders the contract

/A


48/89

:hat is the e$ception to this 14-yearprescripti%e period

/A :hen the plainti had nonotice of the deed or the issuanceof the certicate of title"

/ :hen the title holderconcealed the matter from theplainti"

/C :hen fortuitouscircumstances pre%ented theplainti from ling the casesooner"

/5 :hen the plainti is inpossession of the property"

/9& Conrad and @inda, both 24 yearsold, applied for a marriage license,ma+ing it appear that they !ere o%er2&" .hey married !ithout their parentsT+no!ledge before an unsuspecting

*udge" After the couple has been incohabitation for B years, @indaTs parentsled an action to annul the marriage onground of lac+ of parental consent" :illthe case prosper

/A o, since only the couple can8uestion the %alidity of theirmarriage after they became 21 ofageN their cohabitation alsocon%alidated the marriage"

/ o, since @indaTs parentsmade no allegations that earnesteorts ha%e been made to cometo a compromise !ith Conrad and@inda and !hich eorts failed"

/C Res, since the marriage is%oidable, the couple being belo!21 years of age !hen theymarried"

/5 Res, since @indaTs parentsne%er ga%e their consent to themarriage"

/9B Depito e$ecuted a !ill that he and 3attesting !itnesses signed follo!ing theformalities of la!, e$cept that theotary Dublic failed to come" .!o dayslater, the otary Dublic notari>ed the !illin his la! oGce !here all signatories to

the !ill ac+no!ledged that the testatorsigned the !ill in the presence of the!itnesses and that the latter themsel%essigned the !ill in the presence of thetestator and of one another" :as the !ill%alidly notari>ed

/A o, since it !as not notari>edon the occasion !hen thesignatories aG$ed theirsignatures on the !ill"

/ Res, since the otary Dublichas to be present only !hen thesignatories ac+no!ledged theacts re8uired of them in relationto the !ill"

/C Res, but the defect in themere notari>ation of the !ill isnot fatal to its e$ecution"

/5 o, since the notary publicdid not re8uire the signatories to

sign their respecti%e attestationsagain"

/97 ;enecio and #ster li%ed ascommon-la! spouses since both ha%ebeen married to other persons from!hom they had been separated in factfor se%eral years" ard!or+ing andbright, each earned incomes from theirrespecti%e professions and enterprises":hat is the nature of their incomes

/A Con*ugal since they earnedthe same !hile li%ing as husbandand !ife"

/ eparate since their propertyrelations !ith their legal spousesare still subsisting"


49/89

/C Co-o!nership since theyagreed to !or+ for their mutualbenet"

/5 Communal since they earnedthe same as common-la!

spouses"

/9= :hat is the prescripti%e period forling an action for re%ocation of adonation based on acts of ingratitude ofthe donee

/A & years from the perfection ofthe donation"

/ 1 year from the perfection ofthe donation"

/C 0 years from the perfection ofthe donation"

/5 uch action does notprescribe"

/99 efore Paren married Parl, sheinherited D& million from her deceasedmother !hich amount she brought intothe marriage" he later used part of themoney to buy a ne! ?ercedes en> in

her name, !hich Paren and her husbandused as a family car" Is the car acon*ugal or ParenTs e$clusi%e property

/A It is con*ugal property sincethe spouses use it as a family car"

/ It is ParenTs e$clusi%eproperty since it is in her name"

/C It is con*ugal property ha%ingbeen bought during the marriage"

/5 It is ParenTs e$clusi%eproperty since she bought it !ithher o!n money"

/144 ecause of Ts gross negligence, Rsuered in*uries that resulted in theabortion of the foetus she carried" Rsued for, among other damages, D1

million for the death of a familymember" Is R entitled to indemnity forthe death of the foetus she carried

/A Res, since the foetus isalready regarded as a child from

conception, though unborn"

/ o, since Ts !ould not ha%e+no!n that the accident !ouldresult in RTs abortion"

/C o, since birth determinespersonality, the accident did notresult in the death of a person"

/5 Res, since the motherbelie%ed in her heart that she lost

a child"


1" :hich of the follo!ing is E.included in the attributes of *uridicalcapacity

a 6uridical capacity is inherent ine%ery natural person, andtherefore it is not ac8uired"

b 6uridical capacity is lost onlythrough death"

c 6uridical capacity is the tnessto be the sub*ect of legalrelations"

d 6uridical capacity cannot e$ist!ithout capacity to act"

2" :hich of the follo!ing is E. arestriction on oneTs capacity to act

a ?inority

b ?arriage

c 5eaf-mute


50/89

d Ci%il Interdiction

3" .his attribute or incident of a casedetermine !hether it is a conLict-of-la!scase or one co%ered by domestic la!"

a Cause of action

b Foreign element

c 6urisdiction

d Forum non con%eniens

0" .he capacity of an heir to succeedshall be go%erned by theK

a national la! of the decedentTsheirs

b la! of the country !here thedecedent !as a resident at thetime of his death

c national la! of the person !hodied

d la! of the country !here theproperties of the decedent arelocated"

&" Atty" UPE, a Filipino, e$ecuted a !ill!hile he !as in pain" .he attestationclause of the said !ill does not containu+oTs signature" It is %alid underpanish la!" At its probate in ?anila, it isbeing opposed on the ground that theattestation clause does not containUPETs signature" Is the oppositioncorrect Choose the best ans!er""

a Res, because it is a fatal

defect"

b Res, the !ill is not %alid underDhilippine la!"

c o, attestation clause is not anact of the testator"

d o, the go%erning la! ispanish la!"

B"


51/89

=" If a !ill is e$ecuted by a testator !ho!as born a Filipino citi>en but becamenaturali>ed 6apanese citi>en at the timeof his death, !hat la! !ill go%ern itstestamentary pro%isions if the !ill ise$ecuted in China and the property

being disposed is located in Indonesia

a Chinese la!

b Dhilippine la!

c Indonesia la!

d 6apanese la!

9" A 6apanese national and a Filipinonational entered into a contract for

ser%ices in .hailand" .he ser%ices !ill berendered in ingapore" In case ofbreach, !hat la! !ill go%ern

a .hailand la!

b Dhilippine la!

c ingapore la!

d 6apanese la!

14" Dedro /Filipino and his !ife 6ane/American e$ecuted a *oint !ill inCanada, !here such *oint !ill is %alid" Incase the *oint !ill is probated in 6apan,!hat la! !ill go%ern the formalities ofthe *oint !ill

a American la!

b Dhilippine la!

c Canadian la!

d 6apanese la!

11" A French national re%o+es his !ill in6apan !here he is domiciled" e thenchanged his domicile to the Dhilippines!here he died" .he re%ocation of his !illin 6apan is %alid under 6apanese la! but

in%alid under Dhilippine la!" .heaected heir is a ?alaysian nationalresiding in the Dhilippines" :hat la! !illapply

a 6apanese la!

b Dhilippine la!

c French la!

d ?alaysian la!

12" In the absence of contrarystipulation in a marriage settlement,property relations of Filipino spousesshall be go%erned by ---

a Dhilippines la!s

b @a! of the place !here thespouses reside

c @a! of the place !here theproperties are situated

d @a! of the place !here they!ere married"

13" .he !ill of a Filipino e$ecuted in aforeign country ---

a cannot be probated in theDhilippinesN

b may be probated in theDhilippines pro%ided thatproperties in the estate arelocated in the DhilippinesN

c cannot be probated before thedeath of the testatorN

d may be probated in theDhilippines pro%ided it !ase$ecuted in accordance !ith thela!s of the place !here the !ill!as e$ecuted"


52/89

10" Dedro /Filipino and ill /Americanentered into a contract in Australia,!hereby it !as agreed that Dedro !illbuild a commercial building for ill inthe Dhilippines, and in payment for theconstruction, ill !ill transfer and

con%ey his cattle ranch located in 6apanin fa%or of Dedro" In case Dedro performshis obligation, but ill fails or refuses topay, !hat la! !ill go%ern

a American la!

b Dhilippine la!

c Australian la!

d 6apanese la!

F" or $#e, *u,3er" 14518

In 19=9, Charice /Filipina and6ustine /American, !ere marriedin the Dhilippines" In 1994, theyseparated and 6ustine !ent to @as;egas !here he obtained adi%orce in the same year" e thenmarried another Filipina, @ea, inCanada on 6anuary 1, 1992" .hey

had t!o /2 sons, 6ames and 6ohn/!ho !ere both born in 1992" In1993, after failing to hear from

6ustine, Charice married ugoy /aFilipino, by !hom she had adaughter,


53/89

a Res, because !ithout thethreat, ed by aconsular oGcial is %alid, pro%ided thatsuch marriage is celebrated inaccordance !ith the la!s of suchconsular oGcial" Under Dhilippine la!,!hat is the status of the marriage ofAgay and .opacio Choose the best

ans!er"

a ;oid, because the consularoGcial only has authority tosolemni>e marriages bet!eenFilipinos"

b ;alid, because according to thela!s of Australia, such consularoGcial has authority to celebratethe marriage"

c ;oidable, because there is anirregularity in the authority of theconsular oGcial to solemni>emarriages"

d ;alid, because such marriageis recogni>ed as %alid in the place!here it !as celebrated"


54/89

23" eparation of property bet!eenspouses during the marriage may ta+eplace onlyK

a by agreement of the spouses"

b If one of the spouses has gi%enground for legal separation"

c Upon order of the court"

d If one spouse has abandonedthe other"

20" .he husband may impugn thelegitimacy of his child but not on theground thatK

a the !ife is suspected ofindelity"

b the husband had a seriousillness that pre%ented him fromengaging in se$ual intercourse"

c they !ere li%ing apart"

d he is physically incapable ofse$ual intercourse"

2&" A marriage is %oid ifK

a solemni>ed !ith a marriagelicense issued !ithout complying!ith the re8uired 14-day posting"

b solemni>ed by a minister!hom the parties belie%e to ha%ethe authority"

c bet!een parties both 23 yearsof age but !ithout parentalad%ice"

d none of the abo%e

2B" In legal separation, !hich is notcorrect

a .he aggrie%ed spouse may lethe action !ithin %e /& yearsfrom the time of the occurrenceof the cause"

b o trial shall be held !ithout

the B-month cooling o periodbeing obser%ed"

c .he spouses !ill be entitled toli%e separately upon the start ofthe trial"

d .he prosecuting attorney hasto conduct his o!n in%estigation"

27" A husband by chance disco%eredhidden treasure on the paraphernal

property of his !ife" :ho o!ns thedisco%ered treasure

a .he half pertaining to thehusband /nder belongs to thecon*ugal partnership"

b .he half pertaining to the !ife/as o!ner belongs to thecon*ugal partnership"

c Ene half shall belong to the

husband as nder and the otherhalf shall belong to the !ife aso!ner of the property"

d a and b

2=" :hich of the follo!ing marriages is%oid for reasons of public policy

a et!een brothers and sisters,!hether of the full or half blood"

b et!een step-parents and stepchildren"

c et!een parents-in-la! andchildren-in-la!"

d b and c


55/89

29" .he follo!ing constitute the dierentcircumstances or case of fraud !hich!ill ser%es as ground for the annulmentof a marriage, e$cept

a on-disclosure of the pre%ious

con%iction by nal *udgment ofthe other party of a crimein%ol%ing moral turpitude"

b Concealment of a se$ually-transmissible disease, regardlessof its nature, e$isting at the timeof the marriage"

c Concealment of drug addiction,habitual alcoholism,homose$uality or lesbianism

e$isting at the time of marriage"

d Concealment by the !ife orthe husband of the fact of se$ualrelations prior to the marriage"

34" :hich of the follo!ing is not are8uisite for a %alid donation propternuptias

a .he donation must be madebefore the celebration of the

marriage"

b .he donation shall beautomatically re%o+ed in case ofnon-celebration of the marriage"

c .he dona

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Bar Questions - Civil

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