2012 BAR EXAMINATIONS in civil law.docx

8/9/2019 2012 BAR EXAMINATIONS in civil law.docx

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2012 BAR EXAMINATIONSCIVIL LAW

14 October 2012 8:00 A.M. - 10 A.M.

Set A

MULTIPLE CHOICE QUESTIONS (MCQs)INSTRUCTIONS

The following questionnaire consists of one hundred 100! M"#s nu$bered 1 u% to 100 containedin T&'(T) T&O 22! %ages.

Answer each question on the M"# Answer *heet b+ shading co$%letel+ the a%%ro%riate circlecorres%onding to the letter +ou ha,e chosen. ead the Maring /nstructions on the Answer *heet!

A,oid erasures on the Answer *heet. /f +ou need to $ae corrections erase co$%letel+ theanswer +ou want to change.

ee% the Answer *heet clean. o not $ae unnecessar+ $ars on it. o not fold roll scratchcru$%le or tear it.

)ou $a+ write on the on the questionnaire and use it as scratch %a%er but $ae sure to transfer+our answer to the Answer *heet. 3ro,ide a$%le ti$e to transfer the answers if +ou choose to dothis.

Answer first the M"#s co$%letel+ before going to the essa+-t+%e questions.

A( /( )O5 A(*&' *''T. T'' /* (O ('' TO 'T5( T/* #5'*T/O((A/'TO T' 'A &AT"'.

6OO75"

9999999999999999999999999999999999999MARTIN S. VILLARAMA, JR.

Chairperson2012 Bar Examinations Committee

PLEASE CHEC THAT THIS SET CONTAINS TWENT! THREE (2") PA#ES (INCLU$IN# THISPA#E).

WARNIN#% NOT &OR SALE OR UNAUTHORI'E$ USE

CIVIL LAW

1. &hich of the following is (OT included in the attributes of uridical ca%acit+;

a!


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c! eaf-$ute

d! "i,il /nterdiction

?. This attribute or incident of a case deter$ine whether it is a conflict-of-laws case or one co,eredb+ do$estic law.

a! "ause of action

b! @oreign ele$ent

c! s heirs

b! law of the countr+ where the decedent was a resident at the ti$e of his death

c! national law of the %erson who died

d! law of the countr+ where the %ro%erties of the decedent are located.

. Att+. B5O a @ili%ino e=ecuted a will while he was in *%ain. The attestation clause of the saidwill does not contain Buo>s signature. /t is ,alid under *%anish law. At its %robate in Manila it isbeing o%%osed on the ground that the attestation clause does not contain B5O>s signature. /s theo%%osition correct; "hoose the best answer..

a! )es because it is a fatal defect.

b! )es the will is not ,alid under 3hili%%ine law.

c! (o attestation clause is not an act of the testator.

d! (o the go,erning law is *%anish law.

C. a$on a @ili%ino e=ecuted a will in Manila where he left his house and located in B3 o$es3araDaque in fa,or of his @ili%ino son a$gen. a$on>s other children < and a$ona bothTurish nationals are dis%uting the bequest to a$gen. The+ %lotted to ill a$gen. a$onlearned of the %lot so he tore his will in two %ieces out of anger. &hich state$ent is $ost

accurate;

a! The $ere act of a$on *r. is i$$aterial because the will is still readable.

b! The $ere act of tearing the will a$ounts to re,ocation.

c! The tearing of the will $a+ a$ount to re,ocation if cou%led with intent of re,oing it.

d! The act of tearing the will is $aterial.

E. ',en if the a%%licable law is a foreign law a count in the 3hili%%ines $a+ be constrained to a%%l+

3hili%%ine law under an+ of the following instances ee*t%

a! when the foreign law udg$ent or contract is contrar+ to a sound and i$%ortant %ublic%olic+ of the foru$F

b! when the %ro%ert+ subect of the case is located outside of the 3hili%%inesF

c! when the foreign law or udg$ent is %enal in natureF

d! when the foreign law is %rocedural in nature.


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8. /f a will is e=ecuted b+ a testator who was born a @ili%ino citiGen but beca$e naturaliGed


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b! $a+ be %robated in the 3hili%%ines %ro,ided that %ro%erties in the estate are located inthe 3hili%%inesF

c! cannot be %robated before the death of the testatorF

d! $a+ be %robated in the 3hili%%ines %ro,ided it was e=ecuted in accordance with the lawsof the %lace where the will was e=ecuted.

14. 3edro @ili%ino and Bill A$erican! entered into a contract in Australia whereb+ it was agreedthat 3edro will build a co$$ercial building for Bill in the 3hili%%ines and in %a+$ent for theconstruction Bill will transfer and con,e+ his cattle ranch located in


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b! Ioid

c! Ioidable

d! 5nenforceable

1H. ic+ and 3rincess were sweethearts. 3rincess beca$e %regnant. nowing that ic+ is%re%aring for the e=a$inations Marforth a law+er and cousin of 3rincess threatened ic+ with

the filing of a co$%laint for i$$oralit+ in the *u%re$e "ourt thus %re,enting hi$ fro$ tainge=a$inations unless he $arries 3rincess. As a consequence of the threat ic+ $arried 3rincess."an the $arriage be annulled on the ground of inti$idation under Article 4 of the @a$il+ "ode;"hoose the best answer.

a! )es because without the threat ic+ would not ha,e $arried 3rincess.

b! )es because the threat to enforce the clai$ of 3rincess ,itiates the consent of ic+ incontracting the $arriage.

c! (o because the threat $ade b+ Marforth is ust and legal.

d! (o because Marforth is not a %art+ to the contract of $arriage between 3rincess andic+.

20. Audre+ single bought a %arcel of land in Malolos "it+ fro$ @ranco for 3 1Million. A contractwas e=ecuted between the$ which alread+ ,ested u%on Audre+ full ownershi% of the %ro%ert+although %a+able in $onthl+ install$ents for a %eriod of four 4! +ears. One 1! +ear after thee=ecution of the contract Audre+ got $arried to Arnel. The+ e=ecuted a $arriage settle$entwhereb+ the+ agreed that their %ro%erties shall be go,erned b+ the regi$e of conugal %artnershi%of gains. Thereafter subsequent install$ents were %aid fro$ the conugal %artnershi% funds. /s theland conugal or %ara%hernal;

a! The land is conugal because the install$ents were %aid fro$ the conugal %artnershi%funds.

b! The land is %ara%hernal because ownershi% thereof was acquired before the $arriage.

c! The land is both conugal and %ara%hernal funds of install$ents were %aid fro$ both the%ersonal funds of Audre+ and the conugal %artnershi% funds.

d! The land is %ara%hernal because it was Audre+ who %urchased the sa$e.

21. 'rnesto donated a $obile %hone worth 3 ?2000 to ubert orall+ and deli,ered the unit to

ubert who acce%ted. &hich state$ent is $ost accurate;

a! The donation is ,oid and 'rnesto $a+ get $obile %hone bac.

b! The donation is ,oid but 'rnesto cannot get the $obile %hone bac.

c! The donation is ,oidable and $a+ be anulled.

d! The donation is ,alid.

22. Aga+ a @ili%ino citiGen and To%acio an Australian citiGen got $arried in the consular office ofthe 3hili%%ines in Australia. According to the laws of Australia a $arriage sole$niGed b+ a consularofficial is ,alid %ro,ided that such $arriage is celebrated in accordance with the laws of suchconsular official. 5nder 3hili%%ine law what is the status of the $arriage of Aga+ and To%acio;"hoose the best answer.

a! Ioid because the consular official onl+ has authorit+ to sole$niGe $arriages between@ili%inos.

b! Ialid because according to the laws of Australia such consular official has authorit+ tocelebrate the $arriage.


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c! Ioidable because there is an irregularit+ in the authorit+ of the consular official tosole$niGe $arriages.

d! Ialid because such $arriage is recogniGed as ,alid in the %lace where it was celebrated.

2?. *e%aration of %ro%ert+ between s%ouses during the $arriage $a+ tae %lace onl+:

a! b+ agree$ent of the s%ouses.

b! /f one of the s%ouses has gi,en ground for legal se%aration.

c! 5%on order of the court.

d! /f one s%ouse has abandoned the other.

24. The husband $a+ i$%ugn the legiti$ac+ of his child but not on the ground that:

a! the wife is sus%ected of infidelit+.

b! the husband had a serious illness that %re,ented hi$ fro$ engaging in se=ualintercourse.

c! the+ were li,ing a%art.

d! he is %h+sicall+ inca%able of se=ual intercourse.

2. A $arriage is ,oid if:

a! sole$niGed with a $arriage license issued without co$%l+ing with the required 10-da+%osting.

b! sole$niGed b+ a $inister who$ the %arties belie,e to ha,e the authorit+.

c! between %arties both 2? +ears of age but without %arental ad,ice.

d! none of the abo,e

2C. /n legal se%aration which is not correct;

a! The aggrie,ed s%ouse $a+ file the action within fi,e ! +ears fro$ the ti$e of theoccurrence of the cause.

b! (o trial shall be held without the C-$onth cooling off %eriod being obser,ed.

c! The s%ouses will be entitled to li,e se%aratel+ u%on the start of the trial.

d! The %rosecuting attorne+ has to conduct his own in,estigation.

2E. A husband b+ chance disco,ered hidden treasure on the %ara%hernal %ro%ert+ of his wife. &hoowns the disco,ered treasure;

a! The half %ertaining to the husband finder! belongs to the conugal %artnershi%.

b! The half %ertaining to the wife as owner! belongs to the conugal %artnershi%.

c! One half shall belong to the husband as finder and the other half shall belong to the wifeas owner of the %ro%ert+.

d! a and b

28. &hich of the following $arriages is ,oid for reasons of %ublic %olic+;

a! Between brothers and sisters whether of the full or half blood.


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b! Between ste%-%arents and ste% children.

c! Between %arents-in-law and children-in-law.

d! b and c

2H. The following constitute the different circu$stances or case of fraud which will ser,es asground for the annul$ent of a $arriage e=ce%t;

a! (on-disclosure of the %re,ious con,iction b+ final udg$ent of the other %art+ of a cri$ein,ol,ing $oral tur%itude.

b! "onceal$ent of a se=uall+-trans$issible disease regardless of its nature e=isting at theti$e of the $arriage.

c! "onceal$ent of drug addiction habitual alcoholis$ ho$ose=ualit+ or lesbianis$ e=istingat the ti$e of $arriage.

d! "onceal$ent b+ the wife or the husband of the fact of se=ual relations %rior to the$arriage.

?0. &hich of the following is not a requisite for a ,alid donation %ro%ter nu%tias;

a! The donation $ust be $ade before the celebration of the $arriage.

b! The donation shall be auto$aticall+ re,oed in case of non-celebration of the $arriage.

c! The donation $ust be $ade in consideration of the $arriage.

d! The donation $ust be $ade in fa,or of one or both of the future s%ouses.

?1. &ho are illegiti$ate children;

a! "hildren concei,ed or born outside a ,alid $arriage.

b! "hildren born under a ,alid $arriage which was later declared ,oid because of the%s+chological inca%acit+ of either or both of the s%ouses.

c! "hildren concei,ed and born outside a ,alid $arriage.

d! "hildren born under a ,alid $arriage but the %arents later obtained a legal se%aration.

?2. An illegiti$ate child $a+ use the surna$e of his father when his filiation is established in an+ ofthe following instances ee*t%

a! @iliation has been recogniGed b+ the father through the record of birth a%%earing in theci,il register

b! Ad$ission of filiation b+ the father in a %ublic docu$ent.

c! 3ri,ate handwritten instru$ent is $ade b+ the father acnowledging his filiation.

d! Affida,it b+ the $other stating the na$e of his true father.

??. 5nder A 804? an ado%ter is required to be at least 9999 +ears old and 9999 +ears older thanthe child to be ado%ted at the ti$e of the a%%lication unlessthe ado%ter is the %arent b+ nature ofthe child.

a! ?0 and 1

b! 2E and 1C

c! 0 and 10


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d! 18 and 1

?4. 5nder A 804? a child qualified to be ado%ted is an+ %erson below 99999 +ears old.

a! 18

b! 21

c! 1

d! 1C

?. &hich of the following O'* (OT result in %er$anent ter$ination of %arental authorit+;

a! eath of the %arents.

b! eath of the child.

c! '$anci%ation of the child.

d! "on,iction of the %arents of a cri$e which carries with it the %enalt+ of ci,il interdiction.

?C. The court in an action filed for the %ur%ose $a+ sus%end %arental authorit+ if the %arent or the%erson e=ercising %arental authorit+ co$$its an+ of the following acts ee*t%

a! Treats the child with e=cessi,e harshness or cruelt+.

b! 6i,es the child corru%ting orders counsel or e=a$%le.

c! "o$%els the child to tae u% a course in college against hisJher will.

d! *ubects the child or allows hi$ to be subected to acts of lasci,iousness.

?E. &hich of the following state$ents is 7-89

a! The %ossessor in bad faith shall rei$burse the fruits recei,ed and those which thelegiti$ate %ossessor could ha,e recei,ed.

b! The %ossessor in bad faith has right of rei$burse$ent for necessar+ e=%enses and thosefor the %roduction gathering and %reser,ation of the fruits.

c! The %ossessor in bad faith is not entitled to a refund of orna$ental e=%enses.

d! The %ossessor in bad faith is entitled to a refund of useful e=%enses.

?8. &hich %hrase $ost accuratel+ co$%letes the state$ent K The e=%enses incurred ini$%ro,e$ents for the lu=ur+ or $ere %leasure shall not be refunded to thew %ossessor in bad faith:

a! but he $a+ re$o,e the obects for which such e=%enses ha,e been incurred %ro,idedthat the thing suffers no inur+ thereb+ and that the lawful %ossessor does not %refer toretain the$.

b! and he $a+ not re$o,e the obects for which such e=%enses ha,e been incurred.

c! and he $a+ not re$o,e the obects for which such e=%enses ha,e been incurred unlesshe %a+s the ,alue the+ $a+ ha,e at the ti$e he entered into %ossession.

d! but he $a+ re$o,e the obects for which such e=%enses ha,e been incurred.

?H. The following are the li$itations on the right of ownershi% i$%osed b+ the ownerhi$self ee*t%

a! &illJ*uccession


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b! Mortgage

c! 3ledge

d! 7ease

40. A %lenar+ action for the reco,er+ of the %ossession of real estate u%on $ere allegation and%roof of a better right thereto and without allegation of %roof of title. This action can onl+ be

brought after the e=%iration of one 1! +ear. &hat action is being referred to;

a! Accion %ubliciana

b! Accion rein,indicatoria

c! Accion interdictal

d! #uieting of Title

41. Action to reco,er real %ro%ert+ based on ownershi%. ere the obect is the reco,er+ of the

do$inion o,er the %ro%ert+ as owner. &hat action is being referred to;





42. A su$$ar+ action to reco,er %h+sical or $aterial %ossession onl+ and $ust be brought withinone 1! +ear fro$ the ti$e the cause of action arises. &hat action is being referred to;





4?. The following things are %ro%ert+ of %ublic do$inion e=ce%t:

a! %orts and bridges constructed b+ the *tate.

b! ,ehicles and wea%ons of the Ar$ed @orces of the 3hili%%ines.

c! ri,ers.

d! lands reclai$ed b+ the state fro$ the sea.

44. &hich of the following state$ents is 7-89

a! %atri$onial %ro%ert+ of the state when no longer intended for %ublic use or for %ublic

ser,ice shall beco$e %ro%ert+ of %ublic do$inion.

b! all %ro%ert+ of the *tate which is not of %ublic do$inion is %atri$onial %ro%ert+.

c! The %ro%ert+ of %ro,inces cities and $unici%alities is di,ided into %ro%ert+ for %ublic useand %atri$onial %ro%ert+.

d! 3ro%ert+ is either of %ublic do$inion or of %ri,ate ownershi%.

4. The following cannot as for the reduction of inofficious donation ee*t%


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a! "reditors of the deceased

b! e,isees or legatees

c! "o$%ulsor+ heirs of the donor

d! The sur,i,ing s%ouse of the donee.

4C. onation is %erfected fro$ the $o$ent ---

a! the donee acce%ts the donation.

b! the donor e=ecutes the deed of donation.

c! the donor nows of the donee>s acce%tance e,en if the latter has not recei,ed the co%+ ofthe deed of donation.

d! the donee confir$s that the donor has learned the for$er>s acce%tance.

4E. The following are the ele$ents of an obligation ee*t%

a!


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b! $istae

c! negligence cul%a!

d! breach through contra,ention of the tenor thereof

2. This ter$ refers to a dela+ on the %art of both the debtor and creditor in reci%rocal obligations.

a! Mora acci%iendi

b! Mora sol,endi

c! "o$%ensation $orae

d! *olution indibiti

?. The following are the requisites of $ora sol,endi ee*t%

a! Obligation %ertains to the debtor and is deter$inate due de$andable and liquidated.

b! Obligation was %erfor$ed on its $aturit+ date.

c! There is udicial or e=traudicial de$and b+ the creditor.

d! @ailure of the debtor to co$%l+ with such de$and.

4. /t is an international e,asion of the faithful %erfor$ance of the obligation.

a! (egligence

b! @raud

c! ela+

d! Mistae

. The following are the requisites of fortuitous e,ent ee*t%

a! "ause is inde%endent of the will of the debtor.

b! The e,ent is unforeseeable/unavoidable.

c! Occurrence renders it absolutely impossible for the debtor to fulfill his obligation in anor$al $annerF i$%ossibilit+ $ust be absolutenot %artial otherwise not force $aeure.

d! ebtor contributed to the aggra,ation of the inur+ to the creditor.

C. A debtor $a+ still be held liable for loss or da$ages e,en if it was caused b+ a fortuitous e,entin an+ of the following instances ee*t%

a! The debtor is guilt+ of dolo,$alice or bad faith has %ro$ised the sa$e thing to two or$ore %ersons who do not ha,e the sa$e interest.

b! The debtor contributed to the loss.

c! The thing to be deli,ered is generic.

d! The creditor is guilt+ of fraud negligence or dela+ or if he contra,ened the tenor of theobligation.

E. Buo @er$in and Toti bound the$sel,es solidaril+ to %a+ A+ee the a$ount of 3 000.00.*u%%ose Buo %aid the obligation what is his right as against his co-debtors;


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a! Buo cas as for rei$burse$ent fro$ @er$in and Toti.

b! Buo can sue @er$in and Toti for da$ages.

c! Buo can sue for rescission.

d! Buo can clai$ a refund fro$ A+ee.

8. Buo @er$in and Toti bound the$sel,es solidaril+ to %a+ A+ee the su$ of 3 10000.00. &henthe obligation beca$e due and de$andable A+ee sued Buo for the %a+$ent of the 3 10000.00.Buo $o,ed to dis$iss on the ground that there was failure to i$%lead @er$in and Toti who areindis%ensable %arties. &ill the $otion to dis$iss %ros%er; &h+;

a! )es because @er$in and Toti should ha,e been i$%leaded as their obligation is solidar+.

b! (o because the creditor $a+ %roceed against an+ one of the solidar+ debtors or so$e orall of the$ si$ultaneousl+.

c! (o because a $otion to dis$iss is a %rohibited %leading.

d! )es because @er$in and Toti should also %a+ their share of the obligation.

H. Buo @er$in and Toti are solidaril+ debtors of A+ee. Twel,e 12! +ears after the obligationbeca$e due and de$andable Buo %aid A+ee and later on ased for rei$burse$ent of @er$in>sand Toti>s shares. /s Buo correct; &h+;

a! (o because the obligation has alread+ %rescribed.

b! )es because the obligation is solidar+.

c! (o because in solidar+ obligation an+ one of the solidar+ debtors can %a+ the entire

debt.

d! )es because @er$in and Toti will be undul+ enriched at the e=%ense of Buo.

C0. Buo @er$in and Toti are solidar+ debtors under a loan obligation of 3 ?00000.00 which hasfallen due. The creditor has howe,er condoned @er$in>s entire share in the debt. *ince Toti hasbeco$e insol,ent the creditor $aes a de$and on Buo to %a+ the debt. ow $uch if an+ $a+Buo be co$%elled to %a+;

a! 3 200.000.00

b! 3 ?00000.00

c! 3 100000.00

d! 3 10000.00

C1. ina bought a car fro$ s chec or cashier>s chec it will %roduce the effectof %a+$ent. /f it>s an ordinar+ chec no %a+$ent.

d! )es because a chec is as good as cash.

C2. The following are the requisites of legal co$%ensation ee*t%


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a! That each of the obligors is bound %rinci%all+ and that he be the sa$e ti$e a %rinci%alcreditor of the other.

b! That both debts consist in a su$ of $one+ or if the things due are consu$able the+ bethe sa$e ind and also of the sa$e qualit+ if the latter has been stated.

c! That the two 2! debts are not +et due.

d! That the+ be liquidated and de$andable.

C?. &hich of the following state$ents is -et9

a! All contracts are %erfected b+ $ere consent.

b! All contracts are %erfected b+ deli,er+ of the obect.

c! All contracts are required to be in writing.

d! All contracts are required to ha,e a ,alid consideration.

C4. /t is a %rinci%le which holds that %arties are bound not onl+ b+ what has been e=%ressl+%ro,ided for in the contract but also to the natural consequences that flow out of such agree$ent.

a! Obligator+ force of contracts

b! Mutualit+ of contracts

c! Autono$+ of contracts

d! elati,it+ of contracts

C. /t is a %rinci%le which holds that contracts $ust be binding to both %arties and its ,alidit+ andeffecti,it+ can ne,er be left to the will of one of the %arties.





CC. /t refers to the rule that a contract is binding not only between %arties but e=tends to the heirssuccessors in interest and assignees of the %artiesprovidedthat the contract in,ol,edtrans$issible rights b+ their nature or b+ sti%ulation or b+ law.





CE. /t is rule which holds that the freedo$ of the %arties to contract includes the freedo$ tosti%ulate %ro,ided the sti%ulations are not contrar+ to law $orals good custo$s %ublic order or%ublic %olic+.





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C8. The following are the wa+s b+ which inno$inate contracts are regulated ee*t%

a! B+ the stipulationof the %arties.

b! B+ the generalpriniplesof quasi-contracts and delicts

c! B+ the rules go,erning the $ost analogous no$inate contracts.

d! B+ the ustomsof the %lace.

CH. An offer beco$es ineffecti,e on an+ of the following grounds ee*t:

a! eath ci,il interdiction insanit+Jinsol,enc+ of either %art+ before acce%tance iscon,e+ed.

b! Acce%tance of the offer b+ the offeree.

c! #ualifiedJconditional acce%tance of the offer which beco$es counter-offer.

d! *ubect $atter beco$es illegalJi$%ossible before acce%tance is co$$unicated.

E0. &hich of the following state$ents is -et9

a! Offers in interrelated contracts are %erfected u%on consent.

b! Offers in interrelated contracts require a single acce%tance.

c! Business advertisements aredefinite offers that require s%ecific acce%tance.

d!!dvertisements for Bidders areonl+ in,itations to $ae %ro%osals and the ad,ertiser isnot bound to acce%t the highestJlowest bidder unless it a%%ears otherwise.

E1. The following are solemn ontrats"ontracts which $ust a%%ear in writing! ee*t%

a! onations of real estate or of $o,ables if the ,alue e=ceeds 3 000.00.

b! *ti%ulation to %a+ interest in loans.

c! *ale of land through an agent authorit+ $ust be in writing!.

d! "onstruction contract of a building.

E2. The following are rescissible contracts ee*t%

a! 'ntered into b+ guardian whene,er ward suffers da$age $ore than L of ,alue of%ro%ert+.

b! Agreed u%on in re%resentation of absentees if absentee suffers lesion b+ $ore than L of,alue of %ro%ert+.

c! "ontracts where fraud is co$$itted on creditor accion %auliana!.

d! "ontracts entered into b+ $inors.

E?. The following are the requisites before a contract entered into in fraud of creditors $a+ berescinded ee*t%

a! There $ust be credited e=isting %rior to the celebration of the contract.

b! There $ust be fraud or at least the intent to co$$it fraud to the %reudice of the creditorseeing rescission.


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c! The creditor cannot in an+ legal $anner collect his credit subsidiar+ character ofrescission!

d! The obect of the contract $ust be legall+ in the %ossession of a ? rd%erson in good faith.

E4. The following are the characteristics of a ,oidable contract ee*t%

a! 'ffecti,e until set aside.

b! Ma+ be assailedJattaced onl+ in an action for that %ur%ose.

c! "an be confir$ed or ratified.

d! "an be assailed onl+ b+ either %art+.

E. The following are ,oid contracts ee*t%

a! 3actu$ co$$issoriu$

b! 3actu$ de non alienando

c! 3actu$ leonina

d! 3acto de retro

EC. The borrower in a contract of loan or $utuu$ $ust %a+ interest to the lender.

a! /f there is an agree$ent in writing to the effect.

b! As a $atter of course.

c! /f the a$ount borrowed is ,er+ large.

d! /f the lender so de$ands at the $aturit+ date.

EE. The liabilit+ of the school its ad$inistrators and teachers or the indi,idual entit+ or institutionengaged in child care o,er the $inor child or da$age caused b+ the acts or o$issions of theune$anci%ated $inor while under their su%er,ision instruction or custod+ shall be:

a!


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c! ,oid

d! unenforceable

80. &hen both %arties to the contract are $inors the contract is:

a! ,oidable

b! rescissible

c! ,oid

d! unenforceable

81. &hen the consent of one of the %arties was ,itiated the contract is:

a! ,oidable

b! rescissible

c! ,oid

d! unenforceable

82. An obligation which is based on equit+ and natural law is nown as:

a! %ure

b! quasi-contract

c! ci,il

d! natural

8?. "onsent was gi,en b+ one in re%resentation of another but without authorit+. The contract is:

a! ,oidable

b! rescissible

c! ,oid

d! unenforceable

84. Michael @er$in without the authorit+ of 3ascual 7acas owner of a car sold the sa$e car inthe na$e of Mr. 7acas to Att+. Buo. The contract between Att+. Buo and Mr. 7acas is ---

a! ,oid because of the absence of consent fro$ the owner Mr. 7acas.

b! ,alid because all of the essential requisites of a contract are %resent.

c! unenforceable because Michael @er$in had no authorit+ but he sold the car in the na$eof Mr. 7acas the owner.

d! rescissible because the contract caused lesion to Att+. Buo.

8. &hich of the following contracts is ,oid;

a! An oral sale of a %arcel of land.

b! A sale of land b+ an agent in a %ublic instru$ent where his authorit+ fro$ the %rinci%al isoral.


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c! A donation of a wrist watch worth 3 400.00.

d! A relati,el+ si$ulated contract.

8C. &hich of the following e=%resses a correct %rinci%le of law; "hoose the best answer.

a! @ailure to disclose facts when there is a dut+ to re,eal the$ does not constitute fraud.

b! Iiolence or inti$idation does not render a contract annullable if e$%lo+ed not b+ acontracting %art+ but b+ a third %erson.

c! A threat to enforce one>s clai$ through co$%etent authorit+ if the clai$ is legal or ustdoes not ,itiate consent.

d! Absolute si$ulation of a contract alwa+s results in a ,oid contract.

8E. Aligada orall+ offered to sell his two-hectare rice land to Balane for 3 10Million. The offer wasorall+ acce%ted. B+ agree$ent the land was to be deli,ered through e=ecution of a notariGedeed of *ale! and the %rice was to be %aid e=actl+ one-$onth fro$ their oral agree$ent. &hichstate$ent is $ost accurate;

a! /f Aligada refuses to deli,er the land on the agreed date des%ite %a+$ent b+ Balane thelatter $a+ not successfull+ sue Aligada because the contract is oral.

b! /f Aligada refused to deli,er the land Balane $a+ successfull+ sue for fulfill$ent of theobligation e,en if he has not tendered %a+$ent of the %urchase %rice.

c! The contract between the %arties is rescissible.

d! The contract between the %arties is subect to ratification b+ the %arties.

88. &hich of the following state$ents is 7-89

a! "reditors are %rotected in cases of contracts intended to defraud the$.

b! "ontracts tae effect onl+ between the %arties their assign and heirs e=ce%t in casewhere the rights and obligations arising fro$ the contract are not trans$issible b+ theirnature or b+ sti%ulation or b+ %ro,ision of law.

c! /f a contract should contain so$e sti%ulation in fa,or of a third %erson he $a+ de$and itsfulfill$ent %ro,ided he co$$unicated his acce%tance to the obligor before its re,ocation.

d! /n contracts creating real rights third %ersons who co$e into %ossession of the obect ofthe contract are not bound thereb+.

8H. &hich %hrase $ost accuratel+ co$%letes the state$ent K An+ third %erson who inducesanother to ,iolate his contract:

a! shall be liable for da$ages onl+ if he is a %art+ to the sa$e contract.

b! shall be liable for da$ages to the other contracting %art+.

c! shall not be liable for da$ages to the other contracting %art+.

d! shall not be liable for da$ages if the %arties are in %ari delicto.

H0. The requisites of succession are as follows ee*t%

a! eath of decedent

b! Trans$issible estate

c! '=istence and ca%acit+ of successor designated b+ decedent or law


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d! 3a+$ent of Ta=es

H1. The characteristics of succession are as follows ee*t%

a! /t is a legal contract.

b! Onl+ %ro%ert+ rights and obligations to the e=tent of the ,alue of the inheritance aretrans$itted.

c! The trans$ission taes %lace onl+ at the ti$e of death.

d! The trans$ission taes %lace either b+ will or b+ o%eration of law.

H2. The following rights are e=tinguished b+ death ee*t%

a! 7egal su%%ort

b! 3arental authorit+

c! ight to inherit

d! Agenc+

H?. The attestation clause contains the following ee*t%

a! the nu$ber of %ages usedF

b! that the testator signed or caused another to sign the will and e,er+ %age thereof in the%resence of the instru$ental witnessesF

c! notar+ %ublicF

d! the instru$ental witnesses witnessed and signed the will and all the %ages thereof in the%resence of the testator and one another.

H4. The following are the for$alities required in the e=ecution of hologra%hic will ee*t%

a! 'ntirel+ writtenF

b! atedF

c! *igned b+ testator himself

d! (otariGed b+ a notar+ %ublic.

H. The following are the grounds for disallowance of wills ee*t%

a! The for$alities required b+ law ha,e not been co$%lied with.

b! The testator was insane or $entall+ inca%able of $aing will.

c! The will was e=ecuted through force or under duress or influence of fear or threats.

d! The will contains an attestation clause.

HC. /t is the o$ission in the testator>s will of one so$e or all of the co$%ulsor+ heirs in direct linewhether li,ing at the ti$e of e=ecution of the will or born after the death of the testator. &hat%rinci%le is being referred to;

a! reser,a troncal

b! %reterition


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c! fideico$$issar+

d! dis%osicion ca%tatoria

HE. An+ dis%osition $ade u%on the condition that the heir shall $ae so$e %ro,ision in his will infa,or of the testator or of an+ other %erson shall be ,oid. ere both the condition and thedis%osition are ,oid. &hat %rinci%le is being referred to;

a! reser,a troncal

b! %reterition

c! fideico$$issar+

d! dis%osicion ca%tatoria

H8. &hich %hrase $ost accuratel+ co$%letes the state$ent K /f at the ti$e the contract of sale is%erfected the thing which is the obect of the contract has been entirel+ lost:

a! the bu+er bears the ris of loss.

b! the contract shall be without an+ effect.

c! the seller bears the ris of loss.

d! the bu+er $a+ withdraw fro$ the contract.

HH. A contract granting a %ri,ilege to a %erson for which he has %aid a consideration which gi,eshi$ the right to bu+ certain $erchandise or s%ecified %ro%ert+ fro$ another %erson at an+ti$ewithin the agreed %eriod at a fi=ed %rice. &hat contract is being referred to;

a! O%tion "ontract

b! "ontract to *ell

c! "ontract of *ale

d! 7ease

100. &hich of the following contracts of sale is ,oid;

a! *ale of '6M>s car b+ 3 '6M>s agent whose authorit+ is not reduced into writing.

b! *ale of '6M>s %iece of land b+ 3 '6M>s agent whose authorit+ is not reduced intowriting.

c! *ale of '6M>s car b+ 3 a %erson stranger to '6M without '6M>s consent orauthorit+.

d! *ale of '6M>s %iece of land b+ 3 a %erson stranger to '6M without '6M>s consentor authorit+.

5 NOTHIN# &OLLOWS 5

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2012 BAR EXAMINATIONSCIVIL LAW


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b! The %etitioner filed a %etition for declaration of nullit+ of $arriage based allegedl+ on the%s+chological inca%acit+ of the res%ondent but the %s+chologist was not able to %ersonall+e=a$ine the res%ondent and the %s+chological re%ort was based onl+ on the narration of %etitioner.*hould the annul$ent be granted; '=%lain. N!

III

a! Maria wife of 3edro withdrew 3 Million fro$ their conugal funds. &ith this $one+ she

constructed a building on a lot which she inherited fro$ her father. /s the building conugal or%ara%hernal; easons. N!

b! "i%riano and 7ad+ Miros $arried each other. 7ad+ Miros then left for the 5* and there sheobtained A$erican citiGenshi%. "i%riano later learned all about this including the fact that 7ad+Miros has di,orced hi$ in A$erica and that she had re$arried there. e then filed a %etition forauthorit+ to re$arr+ in,oing 3ar. 2 Art. 2C of the @a$il+ "ode. /s "i%riano ca%acitated to re-$arr+b+ ,irtue of the di,orce decree obtained b+ his @ili%ino s%ouse who was later naturaliGed as an

A$erican citiGen; '=%lain. N!

IV

a! After the+ got $arried (ii disco,ered that "hristian was ha,ing an affair with another wo$an.But (ii decided to gi,e it a tr+ and li,ed with hi$ for two 2! +ears. After two 2! +ears (ii filedan action for legal se%aration on the ground of "hristian>s se=ual infidelit+. &ill the action %ros%er;'=%lain. N!

b! onorato filed a %etition to ado%t his $inor illegiti$ate child *te%hanie alleging that *te%hanie>s$other is 6e$$a Astorga 6arciaF that *te%hanie has been using her $other>s $iddle na$e andsurna$eF and that he is now a widower and qualified to be her ado%ting %arent. e %ra+ed that*te%hanie>s $iddle na$e be changed fro$ Astorga to 6arcia which is her $other>s surna$eand that her surna$e 6arcia be changed to "atindig which is his surna$e. This the trial courtdenied. &as the trial court correct in den+ing ororato>s request for *te%hanie>s use of her

$other>s surna$e as her $iddle na$e; '=%lain. N!

V

a! *%ouses 3ri$o and Monina 7i$ childless were entrusted with the custod+ of two 2! $inorchildren the %arents of who$ were unnown. 'ager of ha,ing children of their own the s%ouses$ade it a%%ear that the+ were the children>s %arents b+ na$ing the$ Michelle 3. 7i$ and Michaels death.

*he decided to ado%t the children b+ a,ailing the a$nest+ gi,en under .A. 82 to thoseindi,iduals who si$ulated the birth of a child. *he filed se%arate %etitions for the ado%tion ofMichelle then 2 +ears old and Michael 18. Both Michelle and Michael ga,e consent to theado%tion.

The trial court dis$issed the %etition and ruled that Monina should ha,e filed the %etition ointl+ withher new husband. Monina in a Motion for econsideration argues that $ere consent of herhusband would suffice and that oint ado%tion is not needed for the ado%tees are alread+e$anci%ated.

/s the trial court correct in dis$issing the %etitions for ado%tion; '=%lain. N!

b!


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a! *iga-an granted a loan to Iillanue,a in the a$ount of 3 40 000.00. *uch agree$ent was notreduced to writing. *iga-an de$anded interest which was %aid b+ Iillanue,a in cash and checs.The total a$ount Iillanue,a %aid accu$ulated to 3 1 200 000.00. 5%on ad,ice of her law+erIillanue,a de$anded for the return of the e=cess a$ount of 3 CC0 000.00 which was ignored b+*iga-an.

1! /s the %a+$ent of interest ,alid; '=%lain. ?N!

2! /s solution indebiti a%%licable; '=%lain. 2N!

b! 'ulalia was engaged in the business of bu+ing and selling large cattle. /n order to secure thefinancial ca%ital she ad,anced for her e$%lo+ees "biyaheros#. *he required the$ to surrender T"Tof their %ro%erties and to e=ecute the corres%onding eeds of *ale in her fa,or. o$eng Bandongwas not required to %ost an+ securit+ but when 'ulalia disco,ered that he incurred shortage incattle %rocure$ent o%eration he was required to e=ecute a eed of *ale o,er a %arcel of land infa,or of 'ulalia. *he sold the %ro%ert+ to her grandneice s hologra%hic will which had onl+ one 1! substantial %ro,ision as first written na$edosa as her sole heir. owe,er when 6regorio %resented it for %robate it alread+ contained analteration na$ing 6regorio instead of osa as sole heir but without authentication b+ (ati,idad>ssignature. osa o%%oses the %robate alleging such lac of %ro%er authentication. *he clai$s thatthe unaltered for$ of the will should be gi,en effect. &hose clai$ should be granted; '=%lain.

N!

b!


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IX

a! oes the right to request for the issuance of a writ of %ossession o,er a foreclosed real %ro%ert+%rescribe in fi,e ! +ears; N!

b! A %etition for declaration of nullit+ of a ,oid $arriage can onl+ be filed b+ either the husband orthe wife; o +ou agree; '=%lain +our answer. N!

X

a! A contract to sell is the sa$e as a conditional contract of sale. o +ou agree; '=%lain +ouranswer. N!

b! A %artner cannot de$and the return of his share contribution! during the e=istence of a%artnershi%. o +ou agree; '=%lain +our answer. N!

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