civil law bar questions 06-14

8/17/2019 Civil Law Bar Questions 06-14

1/50

Civil Law Bar Questions2006

CIVIL LAW

- I -Under Article 213 of the Fail! Code" no child under # !ears of a$e shall %e se&aratedfro the other unless the court finds co&ellin$ reasons to order otherwise'

1' ()&lain the rationale of this &rovision' 2'*+2' ,ive at least 3 e)a&les of co&ellin$ reasons which .ustif! the ta/in$ awa!

fro the others custod! of her child under # !ears of a$e' 2'*+- II -aul" a arried an" had an adulterous relation with essie' In one of the tr!sts" aulswife" Cecile" cau$ht the in flagrante' Ared with a $un" Cecile shot aul in a fit of e)tree .ealous!" nearl! /iilin$ hi' Four 45 !ears after the incident" aul filed an actionfor le$al se&aration a$ainst Cecile on the $round that she atte&ted to /ill hi'

1' If !ou were auls counsel" how will !ou ar$ue his case 2'*+2' If !ou were the law!er of Cecile" what will %e !our defense 2'*+3' If !ou were the .ud$e" how will !ou decide the case *+

- III -(d and Beth have %een arried for 20 !ears without children' 7esirous to have a %a%!"the! consulted 7r' 8un Canlas" a &roinent edical s&ecialist on huan fertilit! '9eadvised Beth to under$o artificial inseination' It was found that (ds s&er count wasinade:uate to induce &re$nanc!' 9ence" the cou&le loo/ed for a willin$ donor' And!" the %rother of (d" readil! consented to donate his s&er' After a series of tests" And!s s&erwas edicall! introduced into Beths ovar! 'he %ecae &re$nant and ; onths later"$ave %irth to a %a%! %o!" naed Alvin'

1' ic never

dou%ted her a$e uch less the authenticit! of her %irth certificate' he! $ot arried iCatholic church in anila' A !ear after" 8uliet $ave %irth to twins" Aissa and Aretha'

1' ic - valid" voida%le or vo()&lain' 2'* +

2' ic and 8uliet - valid" voida%levoid ()&lain' 2''*+

3' u&&ose >ic hiself &rocured the falsified %irth certificate to &ersuade 8uliearr! hi des&ite her inorit! and assured her that ever!thin$ is in order' 9e not divul$e to her his &rior arria$e with ,i$i' a!' Linda ne$otiated with >a! for the sale of the &ro&ert!' he! a$reed on a fair &ric2 illion' >a! sent Linda 'a letter confirin$ his intention to %u! the &ro&ert!' Laanother cou&le" Bernie and (lena" offered a siilar house at a lower &rice of l'* illiBut >a! insisted on %u!in$ the house of Bion$ and Linda for sentiental reason' > &re&ared a deed of sale to %e si$ned %! the cou&le and a ana$ers chec/ for 2 illAfter receivin$ the 2 illion" Bion$ si$ned the deed of sale' 9owever" Linda was a%le to si$n it %ecause she was a%road' Dn her return" she refused to si$n the docusa!in$ she chan$ed her ind' Linda filed suit for nullification of the deed of sale and oral and e)e&lar! daa$es a$ainst >a!'

1'


2/50

arvin fell in love with her' After a %rief" courtshi& and co&l!in$ with all there:uireents" the! $ot arried in 9on$/on$ to avoid &u%licit!" it %ein$ arvins secondarria$e' Is his arria$e to anel valid ()&lain' *+- =III -Al%erto and 8anine i$rated to the United tates of Aerica" leavin$ %ehind their 4children" one of who is ann!' he! own a du&le) a&artent and allowed ann! tolive In one of the units' onie" his half-sister ichelle"and his le$itiate son 8a!son" how will !ou' distri%ute his estate ()&lain' 2'*+

4' Assuin$ further he died intestate" survived %! his father 8uan" his %rother >onie"his half-sister ichelle" and his le$itiate son 8a!son" how will !ou distri%ute hisestate ()&lain' 2'*+

- EI -&ouses Alfredo and >ac:uel were active e%ers of a reli$ious con$re$ation' he!donated a &arcel of land in favor to that con$re$ation in a dul! notari@ed 7eed of 7onation" su%.ect to the condition that the inister shall construct thereon a &lace of worshi& within 1 !ear fro the acce&tance of the donation' In an affidavit he e)ecuted in %ehalf of the con$re$ation" the inister acce&ted the donation' he 7eed of 7onation wasnot re$istered with the >e$istr! of 7eeds'

9owever" instead of constructin$ a &lace of worshi&" the inister constructed a %un$aon the &ro&ert! he used as his residence' 7isa&&ointed with the inister" the s&ourevo/ed the donation and deanded that he vacate the &reises iediatel!' But inister refused to leave" claiin$ that aside fro usin$ the %un$alow as his residenceis also usin$ it as a &lace of worshi& on s&ecial occasions' Under the circustances" Alfredo and >ac:uel evict the inister and recover &ossession of the &ro&ert!If !ou were the cou&les counsel" what action will !ou ta/e to &rotect the interests of !clients *+- EII -on! %ou$ht a Ford ()&edition fro a car dealer in untinlu&a Cit!' As &a!ent" issued a chec/ drawn a$ainst his current account with reiu Ban/' ince he has a $ore&utation the car dealer allowed hi to iediatel! drive hoe the vehicle erel! onassurance that his chec/ is sufficientl! funded'


3/50

8esus delos santos oved to ,eneral santos Cit! to wor/ in a ulti-national co&an!'here" he fell in love and arried ar! ,race delos santos' he re:uested hi to have hisfirst nae chan$ed %ecause his new nae 8esus delos santos is the sae as that of her father who a%andoned her fail! and %ecae a notorious dru$ lord' he wanted to for$ethi' 9ence" 8esus filed another &etition with the Dffice of the Local Civil >e$istrar tochan$e his first nae to >o%erto' 9e claied that the chan$e is warranted %ecause itwill eradicate all vesti$es of the infa! of ar! ,races father'o%erto delos santos under >e&u%lic Act Go';04? &ros&er ()&lain' 10+- E= -

1' e$istr! a! %e chan$ed or corrected without a .udicialorder 2'*+

2' a!an ille$itiate child" u&on ado&tion %! her natural father" use the surnae of her natural other as her iddle nae 2'*+

- E=I -1' Under Article 221; of the Civil Code" oral daa$es a! %e recovered in the

cases s&ecified therein" several of which are enuerated %elow'Choose the case wherein !ou cannot recover oral daa$es' ()&lain' 2'*+

a' A criinal offense resultin$ in &h!sical in.uries %' Quasi-delicts causin$ &h!sical in.uriesc' Ioralit! or dishonest!d' Ille$al searche' alicious &rosecution

2' Article 36 of the Fail! Code &rovides that a arria$e contracted %! an! &art!who" at the tie of the cele%ration" was &s!cholo$icall! inca&acitated to co&l!with the essential arital o%li$ations of arria$e" shall %e void'Choose the s&ouse listed %elow who is &s!cholo$icall! inca&acitated' ()&lain'2'*+

a' Ga$$er %' ,a! or les%ianc' Con$enital se)ual &ervertd' ,a%ler e ' Alcoholic

NOTHING FOLLOWS.

200#I7istin$uish the followin$ conce&tsH

a' Dccu&ation v' &ossession' *+5

%' Ille$al and i&ossi%le conditions in a si&le donation v' ille$al and i&ossconditions in an onerous donation' *+5

II10+5anila etroleu Co' owned and o&erated a &etroleu o&eration facilit! off the coasanila' he facilit! was located on a floatin$ &latfor ade of wood and etal" u&which was &eranentl! attached the heav! e:ui&ent for the &etroleu o&erations livin$ :uarters of the crew' he floatin$ &latfor li/ewise contained a $arden area" whtrees" &lants and flowers were &lanted' he &latfor was tethered to a shi&" the = 1which was anchored to the sea%ed'

a' Is the &latfor ova%le or iova%le &ro&ert! %' Are the e:ui&ent and livin$ :uarters ova%le or iova%le &ro&ert!c' Are the trees" &lants and flowers iova%le or ova%le &ro&ert!

lease %riefl! $ive the reason for !our answers'III'()&lain the followin$ conce&ts and doctrines and $ive an e)a&le of eachH

a' conce&t of trust de son tort constructive trust5 *+5 %' doctrine of discovered &eril last clear chance5 *+5

I='10+5Bedroc/ Land ro&ert! 7evelo&ent Cor&' is a develo&ent co&an! en$a$eddevelo&in$ and sellin$ su%divisions" condoiniu units and industrial estates' In ordere&lenish its inventories" it e%ar/ed on an a$$ressive land %an/in$ &ro$ra' It e&loscouts who roa all over the hili&&ines to loo/ for and conduct investi$ations &ros&ective sites for ac:uisition and develo&ent" whether develo&ed" sei-develo&edraw land' he ana$eent of Bedroc/ as/s !ou as the co&an! counsel to &re&aranual containin$ a suar! of the &ertinent laws and re$ulations relatin$ to lre$istration and ac:uisition of title to land' he anual should include the followitesH

a'


4/50

Clara" thin/in$ of her ortalit!" drafted a will and as/ed >o%erta" 9annah" Luisa andBen.ain to %e witnesses' 7urin$ the da! of si$nin$ of her will" Clara fell down the stairsand %ro/e her ars' Coin$ fro the hos&ital" Clara insisted on si$nin$ her will %! thu%ar/ and said that she can si$n her full nae later' aon had a child" AnIn 1;#1 and 1;#2" >aon and 7essa le$all! ado&ted Cherr! and ichelle res&ectivel!1;#3" 7essa died while $ivin$ %irth to Larr! Anna had a child" Lia' Anna never arr

4 | P a g e - C i v i l L a w B a r Q u e s t i o n s


5/50

Cherr!" on the other hand" le$all! ado&ted hell!' Larr! had twins" 9ans and ,retel" withhis $irlfriend" Fiona' In 200*" Anna" Larr! and Cherr! died in a car accident' In 200#">aon died' aon and who a! not ,ive !our reason %rieftl!J NOTHING FOLLOWS.

200?

I

Ana >ivera had a hus%and" a Fili&ino citi@en li/e her" who was aon$ the &assen$ers on %oard a coercial .et &lane which crashed in the Atlantic Dcean ten 105 !ears earlier

and had never %een heard of ever since' Believin$ that her hus%and had died" Ana arried

Adolf Cru@ taedtler" a divorced ,eran national %orn of a ,eran father and a Fili&ino

other residin$ in tutt$art' o avoid %ein$ re:iured to su%it the re:uired certificate of

ca&acit! to arr! fro the ,eran (%ass! in anila" Adolf stated in the a&&lication for

arria$e license that he was a Fili&ino citi@en' oderic/ and in one of their heated ar$uents" F

shot Brad to death' he lost no tie in arr!in$ her true love >oderic/" withou

arria$e license" claiin$ that the! have %een continuosl! coha%itin$ for ore tha

!ears'

a' oderic/ and Fa!e valid 2+5

%'


6/50

a' Can a .udicial action for correction of entries in ,iannas %irth certificate %e

successfull! aintained toH

i' Chan$e her status fro le$itiate to ille$itiate 1+5J

and

ii' Chan$e her surnae fro that of And!s to Aiees aiden surnae

1+5

%' Instead of a .udicial action" can adinistrative &roceedin$s %e %rou$ht for the

&ur&ose of a/in$ the a%ove corrections 2+5

c' Assuin$ that Aiee is successful in declarin$ her forer arria$e void" and

And! and Aiee su%se:uentl! arried each other" would ,ianna %e le$itiated

1+5

=

7es&ite several relationshi&s with different woen" Andrew reained unarried' 9is first

relationshi& with Brenda &roduced a dau$hter" A!" now 30 !ears old' 9is second" withCarla" &roduced two sonsH 8on and >!an' 9is third" with 7onna" %ore hi no children

althou$h (lena has a dau$hter 8ane" fro a &revious relationshi&' 9is last" with Fe"

&roduced no %iolo$ical children %ut the! inforall! ado&ted without court &roceedin$s"

and!s now 13 !ears old" who the! consider as their own' and! was or&haned as a

%a%! and was entrusted to the %! the idwife who attended to and!s %irth' All the

children" includin$ A!" now live with andrew in his house'

a' Is there an! le$al o%stacle to the le$al ado&tion of A! %! Andrew o the le$al

ado&tion of and! %! Andrew and (lena 2+5

%' In his old a$e" can Andrew %e le$all! entitled to clai su&&ort fro A!" 8on"

>!an" =ina"


7/50

c' If there are standin$ cro&s on the &ro&ert! when Carlo recovers &ossession" can

Carlo a&&ro&riate the 2+5

=III

Ada" a %uildin$ contractor" was en$a$ed %! Blas to construct a house on a lot which he

Blas5 owns'


8/50

of the 3 &a$es' U&on his death" it was discovered that a&art fro the house and lot" he had

a 1 illion account de&osited with ABC %an/'

a' uffa the o%li$ation of &resevin$ the land

transferrin$ it" u&on her death" to her ille$itiate dau$hter carlet who was then onl!

!ear old' >a!ond later died" leavin$ %ehind his widowed other" >uffa and carlet'

a' Is the condition i&osed u&on >uffa" to &reserve the &ro&ert! and to trans

u&on her death to carlet" valid 1+5

%' If carlet &redeceases >uffa" who inherits the &ro&ert! 2+5

c' If >uffa &redeceases >a!ond" can carlet inherit the &ro&ert! directl! fr

>a!ond 2+5

EI=

tevie was %orn %lind' 9e went to school for the %lind" and learned to read in Ba

Lan$ua$e' 9e &ea/s (n$lish fluentl!' Can heH

a' a/e a will 1+5

%' Act as a witness to a will 1+5

c' In either of the a%ove instances" ust the will %e read to hi 1+5

E=

(duardo was $ranted a loan %! EN Ban/ for the &ur&ose of i&rovin$ a %uildin$ wh

EN leased fro hi' (duardo" e)ecuted the &roissor! note G5 in favor of



9/50

%an/" with his friend >ecardo as co-si$nator!' In the G" the! %oth ac/nowled$ed that

the! are individuall! and collectivel! lia%le and waived the need for &rior deand' o

secure the G" >ecardo e)ecuted a real estate ort$a$eon his own &ro&ert!' ecardos

&ro&ert!' >ecardo o&&osed the foreclosure on the $round that he is onl! a co-si$nator!J

that no deand was ade u&on hi for &a!ent" and assuin$ he is lia%le" his lia%ilit!

should not $o %e!ond half the %alance of the loan' Further" >ecardo said that when the

%an/ invo/ed co&ensation %etween the reantals and the aount of the loan" it aounted

to a new contract or novation" and had the effect of e)tin$uishin$ the securit! since he did

not $ive his consent as owner of the &ro&ert! under the real estate ort$a$e5 therto'

a' Can EN Ban/ %alidl! assert le$al co&ensation 2+5

%' Can >ecardos &ro&ert! %e foreclosed to &a! the full %alance of the loan 2+5

c' 7oes >ecardo have %asis under the Civil Code for claiin$ that the ori$inal

contract was novated 2+5

E=I

7u) leased his house to Iris for a &eriod of 2 !ears" at the rate of 2*"000'00 onthl!"

&a!a%le annuall! in advance' he contract sti&ulated that it a! %e renewed for another 2-

!ear &eriod u&on utual a$reeent of the &arties' he contract also $ranted Iris the ri$ht

of first refusal to &urchase the &ro&ert! at an! tie durin$ the lease" if 7u) decides to sell

the &ro&ert! at the sae &rice that the &ro&ert! is offered for sale to a third &art!' went!-

three onths after e)ecution of the lease contract" 7u) sold %reach of her ri$ht of first

refusal' 7u) said there was no %reach %ecause the &ro&ert! was sold to his other who is

not a third &art!' Iris filed an action to rescind the sale and to co&el 7u) to sell the

&ro&ert! to her at the sae &rice' Alternativel!" she as/ed the court to e)tend the lease for

another 2 !ears on the sae ters'

a' Can Iris see/ rescission of the sale of the &ro&ert! to 7u)s other 3+5

%'


10/50

AB Cor&' entered into a contract with EN Cor&' where%! the forer a$reed to construct

the research and la%orator! facilities of the latter' Under the ters of the contract" AB

Cor&' a$reed to co&lete the facilit! in 1? onths" at the total contract &rice of 10

illion' EN Cor&' &aid *0+ of the total contract &rice" the %alance to %e &aid u&on

co&letion of the wor/' he wor/ stated iediatel!" %ut AB Cor&' later e)&erienced

wor/ sli&&a$e %ecause of la%or unrest in his co&an!' AB Cor&'s e&lo!ees claied that

the! are not %ein$ &aid on tieJ hence" the wor/ slowdown' As of the 1#th onth" wor/

was onl! 4*+ co&leted' AB Cor&' as/ed for e)tension of tie" claiin$ that its la%or

&ro%les is a case of fortuitous event" %ut this was denied %! EN Cor&' e$istration

7ecree" it &ro&ert!" 7ehla told 8uliet to redee the &ro&ert! fro (laine" and $ave her

an advance &a!ent to %e used for &ur&oses of realesin$ the ort$a$e on the &ro&ert!'

e$ister of 7e

under Act' 3344 and o%tained a ta) declaration in its nae'

a' ule on the validit! of aril!nPs clais with reasons' 4+5IIIIn 7ece%er 2000" ichael and Anna" after o%tainin$ a valid arria$e license" wenthe Dffice of the a!or of Ur%ano" Bulacan" to $et arried' he a!or was not there"



11/50

the a!orPs secretar! as/ed ichael and Anna and their witnesses to fill u& and si$n there:uired arria$e contract fors' he secretar! then told the to wait" and went out toloo/ for the a!or who was attendin$ a weddin$ in a nei$h%orin$ unici&alit!'oelPs &rivate car" while %ein$ driven %! the re$ular fail! driver" Aado" hit &edestrian causin$ the latterPs death' >oel is not in the car when the incidha&&ened'



12/50

a' Is >oel lia%le for daa$es to the heirs of the deceased ()&lain' 2+5 %' oel was in the car at the tie of the

accident ()&lain' 2+5

PART II

XI

TRUE or FALSE. Answer >U( if the stateent is true" or FAL( if the stateent isfalse' ()&lain !our answer in not ore than two 25 sentences' *+5

a' A clause in an ar%itration contract $rantin$ one of the &arties the &ower to choose

ore ar%itrators than the other renders the ar%itration contract void' %' If there is no arria$e settleent" the salar! of a s&ouse in an adulterous

arria$e %elon$s to the con.u$al &artnershi& of $ains'c' Ac:uisitive &rescri&tion of a ne$ative easeent runs fro the tie the owner of

the doinant estate for%ids" in a notari@ed docuent" the owner of the servientestate fro e)ecutin$ an act which would %e lawful without the easeent'

d' he renunciation %! a co-owner of his undivided share in the co-owned &ro&ert!in lieu of the &erforance of his o%li$ation to contri%ute to ta)es and e)&enses for the &reservation of the &ro&ert! constitutes dacion en pago'

e' A &erson can dis&ose of his cor&se throu$h an act intervivos'XII

(anuel and ar$arita" Aerican citi@ens and e&lo!ees of the U'' tate 7e&artent"$ot arried in the African state of en!a where sterilit! is a $round for annulent of

arria$e' hereafter" the s&ouses were assi$ned to the U'' (%ass! in anila' Dn thefirst !ear of the s&ousesP tour of dut! in the hili&&ines" ar$arita filed an annulent casea$ainst (anuel %efore a hili&&ine court on the $round of her hus%andPs sterilit! at thetie of the cele%ration of the arria$e'

a' odolfo later on ac/nowled$es >ona and $ives her re$ular su&&ort"

he co&el her to use his surnae odolfo filesaction for the custod! of >ona" alle$in$ that he is >onaPs choice as custod &arent" will the court $rant >odolfoPs &etition


13/50

a' Is arciano correct ()&lain' 3+5 %'


14/50

c' A e)ecuted a 7eed of 7onation in favor of B" a %achelor" coverin$ a &arcel of land

valued at 1 illion' B was" however" out of the countr! at the tie' For the

donation to %e valid" 1+5

1' B a! e-ail A acce&tin$ the donation'

2' he donation a! %e acce&ted %! BPs father with who he lives'

3' B can acce&t the donation an!tie convenient to hi'

4' BPs other who has a $eneral &ower of attorne! a! acce&t the donation for

hi'

*' Gone of the a%ove is sufficient to a/e BPs acce&tance valid

d' A e)ecuted a *-&a$e notarial will %efore a notar! &u%lic and three witnesses' All

of the si$ned each and ever! &a$e of the will'

Dne of the witnesses was B" the father of one of the le$atees to the will'


15/50

well as those attendant to her deliver!' ,i$olo would thereafter &a! a.orette 2 illion

and" in return" she would $ive custod! of the %a%! to hi'

After a.orette $ives %irth and delivers the %a%! to ,i$olo followin$ her recei&t of 2

illion" she en$a$es !our services as her law!er to re$ain custod! of the %a%!'

a' e) %e$ot a child %! another woan' 9e is now 10 !ears of a$e'

Dn LeaPs discover! of >e)Ps fatherin$ a child %! another woan" she filed a &etition

le$al se&aration which was $ranted'

>e) now wants to ado&t his ille$itiate child'

a' e)Ps ado&tion of his ille$itiate child 2'*+5

%' If there was no le$al se&aration" can >e) still ado&t his ille$itiate child ()&l

2'*+5

IX

(i$hteen-!ear old Fili&ina atrice had a dau$hter out of wedloc/ who she naed Lau

At 26" atrice arried Aerican citi@en 8ohn who %rou$ht her to live with hi in

United tates of Aerica' 8ohn at once si$nified his willin$ness to ado&t Laurie'

Can 8ohn file the &etition for ado&tion If !es" what are the re:uireents If no" wh

*+5

X

In 1;;#" B and , started livin$ to$ether without the %enefit of arria$e' he relations

&roduced one offs&rin$" =enus' he cou&le ac:uired a residential lot in araTa:ue' A

four 45 !ears or in 2001" , havin$ co&leted her 4-!ear colle$e de$ree as a fullti

student" she and B contracted arria$e without a license'

he arria$e of B and , was" two !ears later" declared null and void due to the a%senc

a arria$e license'

a' If !ou were the .ud$e who declared the nullit! of the arria$e" to who wo!ou award the lot ()&lain %riefl!' 3+5



16/50

%' Is =enus le$itiate" ille$itiate" or le$itiated ()&lain %riefl!' 3+5

XI

he s&ouses eter and aula had three 35 children' aula later o%tained a .ud$ent of

nullit! of arria$e' heir a%solute counit! of &ro&ert! havin$ %een dissolved" the!

delivered 1 illion to each of their 3 children as their &resu&tive le$ities'

eter later re-arried and had two 25 children %! his second wife arie' eter and arie"

havin$ successfull! en$a$ed in %usiness" ac:uired real &ro&erties' eter later diedintestate'

a'


17/50

a'


18/50

C5 have le$al or e:uita%le title to the &ro&ert!'75 %e the %eneficial owner of the &ro&ert!'

#5 E and N were to arr! in 3 onths' eantie" to e)&ress his affection" E donated ahouse and lot to N" which donation E wrote in a letter to N' N wrote %ac/" acce&tin$ thedonation and too/ &ossession of the &ro&ert!' Before the weddin$" however" N suddenl!died of heart attac/' Can NPs heirs $et the &ro&ert!

A5 Go" since the arria$e did not ta/e &lace'B5 Nes" since all the re:uisites of a donation of an iova%le are &resent'C5 Go" since the donation and its acce&tance are not in a &u%lic instruent'75 Nes" since E freel! donated the &ro&ert! to N who %ecae its owner'

?5 >ene and Lil! $ot arried after a %rief courtshi&' After one onth" Lil! discoveredthat while >ene &resented hiself as a acho an he was actuall! $a!' 9e would not $oto %ed with her' 9e /e&t o%scene a$a@ines of nude en and alwa!s sou$ht the co&an!of handsoe %o!s' aff!Ps ri$ht %! rei%ursin$ to hi within the

re:uired tie what he &aid >aul'B5 Nes" the! a! %e su%ro$ated to >aff!Ps ri$ht &rovided the! %u! hi out %eforehe re$isters the sale'

C5 Go" the! can %e su%ro$ated to >aff!Ps ri$ht onl! with his conforit!'75 Go" since there was no i&edient to >aul sellin$ his inheritance tstran$er'

115


19/50

1*5


20/50

B5 ince the arria$e has %een declared void" the rule for li:uidation of a%solutecounit! of &ro&ert! shall %e followed'C5 he li:uidation of a co-ownershi& a&&lies since the annulent %rou$ht their &ro&ert! relation under the cha&ter on &ro&ert! re$ies without arria$e'75 he law on li:uidation of &artnershi&s a&&lies'

2*5 E and N a$reed ver%all! %efore their arria$e a5 on the &aternit! of the ille$itiatechild of N and %5 on the econoic re$ie that will $overn E and NPs &ro&ert! relations'Is the ver%al a$reeent valid

A5 Go" %ecause a arria$e settleent to %e valid should %e in writin$'B5 Nes" since ante-nu&tial a$reeents need not %e in writin$'

C5 Go" %ecause a arria$e settleent cannot include an a$reeent on the &aternit! of an ille$itiate child'75 Nes" since even if it is not a valid arria$e settleent" it is a valid ver%alcontract'

265 &ouses E and N have a inor dau$hter" " who needs su&&ort for her education'Both E and N" who are financiall! distressed" could not $ive the needed su&&ort to ' As itha&&ens" Ps other relatives are financiall! ca&a%le of $ivin$ that su&&ort' Fro whoa! first ri$htfull! deand su&&ort Fro her

A5 $randfather'B5 %rother'C5 uncle'75 first cousin'

2#5 Fidel" a Fili&ino with fair co&le)ion" arried ,loria' Before the arria$e" ,loria

confessed to Fidel that she was two-onth &re$nant with the child of a %lac/ African whohad left the countr! for $ood' elativit! of contracts'B5 Freedo to sti&ulate'

C5 utualit! of contracts'75 D%li$ator! force of contracts'



21/50

345 A %u!er ordered *"000 a&&les fro the seller at 20 &er a&&le' he seller delivered6"000 a&&les'


22/50

B5 In &rotectin$ the wor/s of a deceased under intellectual &ro&ert! laws'C5 In case of declaration of &resu&tive death of a issin$ s&ouse'75 In the settleent of the estate of a deceased &erson'

435 i) tenants sued E" the landowner" for willfull! den!in$ the water for their fars"which water ha&&ened to flow fro land under EPs control" his intention %ein$ to forcethe to leave his &ro&erties' Is E lia%le for his act and wh!

A5 Go" %ecause the tenants ust %e content with waitin$ for rainfall for their fars'B5 Go" since E owns %oth the land and the water'C5 Nes" %ecause the tenantsP fars have the natural ri$ht of access to water

wherever it is located'75 Nes" since E willfull! caused in.ur! to his tenants contrar! to orals" $oodcustos or &u%lic &olic!'

445 Ille$itiate %rothers and sisters" whether of full or half-%lood" are %ound to su&&orteach other" (EC( when

A5 the %rother or sister who needs su&&ort lives in another &lace'B5 such %rothers and sisters are not reco$ni@ed %! their father'C5 the %rother or sister in need sto&s schoolin$ without valid reason'75 the need for su&&ort of a %rother or sister" alread! of a$e" is due to the lattersfault'

4*5 =ir$ilio owned a %are and si&le swiin$ &ool in his $arden' B" a #-!ear oldchild" surre&titiousl! entered the $arden and erril! ro&ed around the led$es of the &ool'9e accidentall! tri&&ed" fell into the &ool" and drowned' BPs &arents sued =ir$ilio for

daa$es arisin$ fro their childPs death" &reised on the &rinci&le of attractivenuisance' Is =ir$ilio lia%le for the death of BA5 Go" the child was # !ears old and /new the dan$ers that the &ool offered'B5 Nes" %ein$ an attractive nuisance" =ir$ilio had the dut! to &revent childrenfro coin$ near it'C5 Go" since the &ool was %are and had no enticin$ or allurin$ $ad$ets" floats" or devices in it that would attract a #-!ear old child'75 Nes" since =ir$ilio did not cover the swiin$ &ool while not in use to &revent children fro fallin$ into it'

465 he ter of a *-!ear lease contract %etween E the lessor and N the lessee" where rentswere &aid fro onth to onth" cae to an end' till" N continued usin$ the &ro&ert!with EPs consent' In such a case" it is understood that the! i&liedl! renewed the lease

A5 fro onth to onth under the sae conditions as to the rest'

B5 under the sae ters and conditions as %efore'C5 under the sae ters e)ce&t the rent which the! or the court ust fi)'75 for onl! a !ear" with the rent raised %! 10+ &ursuant to the rental control law'

4#5 >e)" a &hilanthro&ist" donated a valua%le lot to the unici&alit! on the condition it will %uild a &u%lic school on such lot within 2 !ears fro its acce&tance of the donatihe unici&alit! &ro&erl! acce&ted the donation %ut did not !et %uild the &u%lic schafter 2 !ears' Can >e) revo/e the donation

A5 Nes" since the donation is su%.ect to a resolutor! condition which was fulfilled'B5 Go" %ut >e) is entitled to recover the value of the land fro the unici&aliC5 Go" the transfer of ownershi& has %een co&leted'75 Nes" the donation is not deeed ade until the sus&ensive condition has %fulfilled'

4?5 Ille$itiate children" those not reco$ni@ed %! their %iolo$ical fathers" shall use surnae of their A5 %iolo$ical father su%.ect to no condition'B5 other or %iolo$ical father" at the otherPs discretion'C5 other'75 %iolo$ical father unless he .udiciall! o&&oses it'

4;5 Asion$ %orrowed 1 illion fro a %an/" secured %! a ort$a$e on his land' udolf %orrowed 1 illion fro >odri$o and Fernando who acted as solidcreditors' udolf a/e a valid &a!entA5 Go" since >udolf should have s&lit the &a!ent %etween >odri$o Fernando'



23/50

B5 Go" since >odri$o" the other solidar! creditor" alread! ade a &rior deandfor &a!ent fro >udolf'C5 Nes" since the &a!ent covers the whole o%li$ation'75 Nes" since Fernando was a solidar! creditor" &a!ent to hi e)tin$uished theo%li$ation'

*25


24/50

A5 Go" efforts at a co&roise will onl! dee&en the wifePs an$uish'B5 Go" since le$al se&aration li/e validit! of arria$e is not su%.ect toco&roise a$reeent for &ur&oses of filin$'C5 Nes" to avoid a fail! feud that is hurtful to ever!one'75 Nes" since the dis&ute could have %een settled with the &arties a$reein$ tole$al se&aration'

605 An Australian livin$ in the hili&&ines ac:uired shares of stoc/ worth 10 illion infood anufacturin$ co&anies' 9e died in anila" leavin$ a le$al wife and a child inAustralia and a live-in &artner with who he had two children in anila' 9e also left awill" done accordin$ to hili&&ine laws" leavin$ all his &ro&erties to his live-in &artner and

their children' icardoPs estate until .udiciall! relieved'

75 CiceroPs alienations of >icardos &ro&ert! will %e set aside'635 Baldo" a re.ected suitor" intiidated 8ud! into arr!in$ hi'


25/50

illion' If" in his will" 8aes desi$nates 8oanne as his onl! heir" what will %e the free &ortion of his estate'

A5 8oanne $ets allJ estate has no free &ortion left'B5 8oanne $ets 12J the other half is free &ortion'C5 8oanne $ets 13J the reainin$ 23 is free &ortion'75 8oanne $ets 14J the reainin$ 34 is free &ortion'

6?5 A warrant! inherent in a contract of sale" whether or not entioned in it" is /nown asthe

A5 warrant! on :ualit!'B5 warrant! a$ainst hidden defects'

C5 warrant! a$ainst eviction'75 warrant! in erchanta%ilit!'6;5 he doctrine of stare decisis &rescri%es adherence to &recedents in order to &rootethe sta%ilit! of the law' But the doctrine can %e a%andoned

A5


26/50

C5 7 and ( will $et none %ecause of the re&udiationJ B and C will $et APsshare %! ri$ht of accretion'75 (ach of 7 and ( will $et 2"000"000 %ecause the law $ives the soeadvanta$e due to the deise of A'

#*5 Go decree of le$al se&aration can %e issuedA5 unless the childrenPs welfare is attended to first'B5 without &rior efforts at reconciliation shown to %e futile'C5 unless the court first directs ediation of the &arties'75 without &rior investi$ation conducted %! a &u%lic &rosecutor'

#65 E" who was a%road" &honed his %rother" N" authori@in$ hi to sell EPs &arcel of land

in asa!' E sent the title to N %! courier service' Actin$ for his %rother" N e)ecuted anotari@ed deed of a%solute sale of the land to after receivin$ &a!ent'


27/50

?35 he owner of a thin$ cannot use it in a wa! that will in.ure the ri$ht of a third &erson'hus" ever! %uildin$ or land is su%.ect to the easeent which &rohi%its its &ro&rietor or &ossessor fro coittin$ nuisance li/e noise" .arrin$" offensive odor" and so/e' his &rinci&le is /nown as

A5 8us vindicandi'B5 ic utere tuo ut alienu non laedas'C5 8us dis&ondendi'75 8us a%utendi'

?45 8anice and 8ennifer are sisters' 8anice sued 8ennifer and Laura" 8enniferPs %usiness &artner for recover! of &ro&ert! with daa$es' he co&laint did not alle$e that 8anice

e)erted earnest efforts to coe to a co&roise with the defendants and that such effortsfailed' he .ud$e disissed the co&laint outri$ht for failure to co&l! with a condition &recedent' Is the disissal in order

A5 Go" since Laura is a stran$er to the sisters" 8anice has no oral o%li$ation tosettle with her'B5 Nes" since court should &roote aica%le settleent aon$ relatives'C5 Nes" since e%ers of the sae fail!" as &arties to the suit" are re:uired toe)ert earnest efforts to settle their dis&utes %efore coin$ to court'75 Go" the fail! council" which would ordinaril! ediate the dis&ute" has %eeneliinated under the Fail! Code'

?*5 E %orrowed one! fro a %an/" secured %! a ort$a$e on the land of N" his closefriend'


28/50

A5 Nes" %ecause the desi$nation of N as le$atee created a new and se&arate .uridical relationshi& %etween the" that of testator-le$atee'B5 It de&ends u&on the discretion of the &ro%ate court if a clai is filed in thetestate &roceedin$s'C5 Go" %ecause the intention of the testator in $ivin$ the le$ac! is to a%ro$ate hisentire o%li$ation to N'75 Go" %ecause E had no instruction in his will to deliver ore than the le$ac! of 1 illion to N'

;35 8osie owned a lot worth * illion &rior to her arria$e to >e!' u%se:uentl!" their con.u$al &artnershi& s&ent 3 illion for the construction of a house on the lot' heconstruction resulted in an increase in the value of the house and lot to ; illion'


29/50

B5 It is aren s e)clusive &ro&ert! since it is in her nae'C5 It is con.u$al &ro&ert! havin$ %een %ou$ht durin$ the arria$e'75 It is arenPs e)clusive &ro&ert! since she %ou$ht it with her own one!'

1005 Because of EPs $ross ne$li$ence" N suffered in.uries that resulted in the a%ortion of the foetus she carried' N sued E for" aon$ other daa$es" 1 illion for the death of afail! e%er' Is N entitled to indenit! for the death of the foetus she carried

A5 Nes" since the foetus is alread! re$arded as a child fro conce&tion" thou$hun%orn'B5 Go" since EPs would not have /nown that the accident would result in NPsa%ortion'C5 Go" since %irth deterines &ersonalit!" the accident did not result in the deathof a &erson'75 Nes" since the other %elieved in her heart that she lost a child'

20121' aonPs other children >8 >aona" %oth ur/ish nationals" are dis&utin$ the %e:uest to >a$en' he! &lotted to >a$en' >aon learned of the &lot" so he tore his will in two &ieces out of an$er' aon r' is iaterial %ecause the will is still reada%le' %5 he ere act of tearin$ the will aounts to revocation'c5 he tearin$ of the will a! aount to revocation if cou&led with intentrevo/in$ it'd5 he act of tearin$ the will is aterial'

#' (ven if the a&&lica%le law is a forei$n law" a count in the hili&&ines a!constrained to a&&l! hili&&ine law under an! of the followin$ instances" e#cept,

a5 when the forei$n law" .ud$ent or contract is contrar! to a sound and i&ort &u%lic &olic! of the foruJ %5 when the &ro&ert! su%.ect of the case is located outside of the hili&&inesJc5 when the forei$n law or .ud$ent is &enal in natureJd5 when the forei$n law is &rocedural in nature'

?' If a will is e)ecuted %! a testator who was %orn a Fili&ino citi@en %ut %ecnaturali@ed 8a&anese citi@en at the tie of his death" what law will $overn its testaen &rovisions if the will is e)ecuted in China and the &ro&ert! %ein$ dis&osed is locatedIndonesia

a5 Chinese law %5 hili&&ine lawc5 Indonesia lawd5 8a&anese law

;' A 8a&anese national and a Fili&ino national entered into a contract for servicehailand' he services will %e rendered in in$a&ore' In case of %reach" what law w$overn

a5 hailand law %5 hili&&ine lawc5 in$a&ore lawd5 8a&anese law


10 edro Fili&ino5 and his wife 8ane Aerican5 e)ecuted a .oint will in Canada where In 1;?; Charice Fili&ina5 and 8ustine Aerican5 were arried in


30/50

10' edro Fili&ino5 and his wife 8ane Aerican5 e)ecuted a .oint will in Canada" wheresuch .oint will is valid' In case the .oint will is &ro%ated in 8a&an" what law will $overn theforalities of the .oint will

a5 Aerican law %5 hili&&ine lawc5 Canadian lawd5 8a&anese law

11' A French national revo/es his will in 8a&an where he is doiciled' 9e then chan$edhis doicile to the hili&&ines where he died' he revocation of his will in 8a&an is validunder 8a&anese law %ut invalid under hili&&ine law' he affected heir is a ala!siannational residin$ in the hili&&ines' ic/! and rincess were sweethearts' rincess %ecae &re$nant' nowin$ that >iis &re&arin$ for the e)ainations" arforth" a law!er and cousin of rincess" threaten>ic/! with the filin$ of a co&laint for ioralit! in the u&ree Court" thus &reventhi fro ta/in$ e)ainations unless he arries rincess' As a conse:uence of the thr>ic/! arried rincess' Can the arria$e %e annulled on the $round of intiidation unArticle 4* of the Fail! Code Choose the %est answer'

a5 Nes" %ecause without the threat" >ic/! would not have arried rincess' %5 Nes" %ecause the threat to enforce the clai of rincess vitiates the consen>ic/! in contractin$ the arria$e'c5 Go" %ecause the threat ade %! arforth is .ust and le$al'


d5 Go %ecause arforth is not a &art! to the contract of arria$e %etween d5 If one s&ouse has a%andoned the other


31/50

d5 Go" %ecause arforth is not a &art! to the contract of arria$e %etweenrincess and >ic/!'

20' Audre!" sin$le" %ou$ht a &arcel of land in alolos Cit! fro Franco for 1illion' Acontract was e)ecuted %etween the which alread! vested u&on Audre! full ownershi& of the &ro&ert!" althou$h &a!a%le in onthl! installents for a &eriod of four 45 !ears' Dne15 !ear after the e)ecution of the contract" Audre! $ot arried to Arnel' he! e)ecuted aarria$e settleent where%! the! a$reed that their &ro&erties shall %e $overned %! there$ie of con.u$al &artnershi& of $ains' hereafter" su%se:uent installents were &aidfro the con.u$al &artnershi& funds' Is the land con.u$al or &ara&hernal

a5 he land is con.u$al %ecause the installents were &aid fro the con.u$al &artnershi& funds' %5 he land is &ara&hernal %ecause ownershi& thereof was ac:uired %efore thearria$e'c5 he land is %oth con.u$al and &ara&hernal funds of installents were &aid fro %oth the &ersonal funds of Audre! and the con.u$al &artnershi& funds'd5 he land is &ara&hernal %ecause it was Audre! who &urchased the sae'

21' (rnesto donated a o%ile &hone worth 32"000 to 9u%ert orall! and delivered theunit to 9u%ert who acce&ted'


32/50

5 ! &the arria$e'

30' A ?043" a child :ualified to %e ado&ted is an! &erson %elow VVVVV !ears old'a5 1? %5 21c5 1*d5 16

3*'


33/50

5c5 Accion interdictald5 Quietin$ of itle

41' Action to recover real &ro&ert! %ased on ownershi&' 9ere" the o%.ect is the recover! of the doinion over the &ro&ert! as owner'


34/50

*4' It is an international evasion of the faithful &erforance of the o%li$ation'a5 Ge$li$ence %5 Fraudc5 7ela!d5 ista/e

**' he followin$ are the re:uisites of fortuitous event" e#cept,a5 Cause is inde&endent of the will of the de%tor' %5 he event is unforeseea"le%unavoida"le.c5 Dccurrence renders it a"solutel$ impossi"le for the de%tor to fulfill hiso%li$ation in a noral annerJ i&ossi%ilit! ust %e a"solute not &artial"otherwise not force a.eure'd5 7e%tor contri%uted to the a$$ravation of the in.ur! to the creditor'

*6' A de%tor a! still %e held lia%le for loss or daa$es even if it was caused %! afortuitous event in an! of the followin$ instances" e#cept,

a5 he de%tor is $uilt! of dolo, alice or %ad faith" has &roised the sae thin$ totwo or ore &ersons who do not have the sae interest' %5 he de%tor contri%uted to the loss'c5 he thin$ to %e delivered is $eneric'd5 he creditor is $uilt! of fraud" ne$li$ence or dela! or if he contravened thetenor of the o%li$ation'

*#' Bu/o" Ferin and oti %ound theselves solidaril! to &a! A!ee the aountof *"000'00' u&&ose Bu/o &aid the o%li$ation" what is his ri$ht as a$ainst his co-de%tors

a5 Bu/o cas as/ for rei%urseent fro Ferin and oti' %5 Bu/o can sue Ferin and oti for daa$es'c5 Bu/o can sue for rescission'd5 Bu/o can clai a refund fro A!ee'

*?' Bu/o" Ferin and oti %ound theselves solidaril! to &a! A!ee the suof 10"000'00'


35/50

&rovided for in the contract %ut also to the natural conse:uences that flow out of sucha$reeent'

a5 D%li$ator! force of contracts %5 utualit! of contractsc5 Autono! of contractsd5 >elativit! of contracts

6*' It is a &rinci&le which holds that contracts ust %e %indin$ to %oth &arties and itsvalidit! and effectivit! can never %e left to the will of one of the &arties'

a5 D%li$ator! force of contracts %5 utualit! of contracts

c5 Autono! of contractsd5 >elativit! of contracts

66' It refers to the rule that a contract is "inding not onl$ %etween &arties "ut e)tends tothe heirs" successors in interest" and assi$nees of the &arties" provided that the contractinvolved transissi%le ri$hts %! their nature" or %! sti&ulation or %! law'

a5 D%li$ator! force of contracts %5 utualit! of contractsc5 Autono! of contractsd5 >elativit! of contracts

6#' It is rule which holds that the freedo of the &arties to contract includes the freedoto sti&ulate" &rovided the sti&ulations are not contrar! to law" orals" $ood custos" &u%licorder or &u%lic &olic!'

a5 D%li$ator! force of contracts

%5 utualit! of contractsc5 Autono! of contractsd5 >elativit! of contracts

6?' he followin$ are the wa!s %! which innoinate contracts are re$ulated" e#cept,a5 B! the stipulation of the &arties' %5 B! the $eneral principles of :uasi-contracts and delictsc5 B! the rules $overnin$ the ost analo$ous noinate contracts'd5 B! the customs of the &lace'

6;' An offer %ecoes ineffective on an! of the followin$ $rounds" e#ceptHa5 7eath" civil interdiction" insanit!insolvenc! of either &art! %efore acce&tanceis conve!ed' %5 Acce&tance of the offer %! the offeree'c5 Qualifiedconditional acce&tance of the offer" which %ecoes counter-offer'

d5 u%.ect atter %ecoes ille$ali&ossi%le %efore acce&tance is counicated'#0'


36/50

c5 If the aount %orrowed is ver! lar$e'd5 If the lender so deands at the aturit! date'

##' he lia%ilit! of the school" its adinistrators and teachers" or the individual" entit! or institution en$a$ed in child care over the inor child or daa$e caused %! the acts or oissions of the uneanci&ated inor while under their su&ervision" instruction or custod! shall %eH

a5 8oint and su%sidiar! %5 rinci&al and solidar!c5 rinci&al and .ointd5 u%sidiar! and solidar!'

#?' he creditor has the ri$ht to the fruits of the thin$ fro the tieHa5 the thin$ is delivered' %5 the o%li$ation to deliver the thin$s arises'c5 the contract is &erfected'd5 the fruits are delivered'

#;' If one of the &arties to the contract is without .uridical ca&acit!" the contract isHa5 voida%le %5 rescissi%lec5 voidd5 unenforcea%le

?0'


37/50

case where the ri$hts and o%li$ations arisin$ fro the contract are nottransissi%le %! their nature" or %! sti&ulation or %! &rovision of law'c5 If a contract should contain soe sti&ulation in favor of a third &erson" he a!deand its fulfillent &rovided he counicated his acce&tance to the o%li$or %efore its revocation'd5 In contracts creatin$ real ri$hts" third &ersons who coe into &ossession of theo%.ect of the contract are not %ound there%!'

?;'


38/50

writin$' %5 ale of (,Ps &iece of land %! >" (,Ps a$ent" whose authorit! is notreduced into writin$'c5 ale of (,Ps car %! >" a &erson stran$er to (," without (,Ps consentor authorit!'d5 ale of (,Ps &iece of land %! >" a &erson stran$er to (," without(,Ps consent or authorit!'

0 45T6I47 F5LL5WS 0

6A4D I4 85UR A4SWER S6EET.

T6ERE IS 45 4EED T5 RETUR4 T6IS )UESTI544AIRE T5 6EAD

WATC6ER.

%9% (AR EXAMI4ATI54S

CIVIL LAW

14 Dcto%er 2012 10 A''-12 GG'

Set (

ESSA8 : T8PE )UESTI54S

I4STRUCTI54S

he followin$ :uestionnaire consists of ten 105 :uestions nu%ered I to E5 contained inFI=( *5 &a$es'Be$in !our answer to each nu%ered :uestion on a se&arate &a$eJ an answer to a su%-:uestions under the sae nu%er a! %e written continuousl! on the sae &a$e andsucceedin$ &a$es until co&leted'Answer the :uestion directl! and concisel!' 7o not re&eat the :uestion' ( I GD G((7 D >(U>G 9IQU(IDGGAI>( D 9( 9(A7 ',DD7 LUCWWW VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV MARTI4 S. VILLARAMA! ;R.

)(airperson*+* &ar -aminations )ommitteePLEASE C6EC< T6AT T6IS SET C54TAI4S SIX $=' PA7ES $I4CLUDI47

T6IS PA7E'.

WAR4I47, 45T F5R SALE 5R U4AUT65RI>ED USE

CIVIL LAW

I

a weddin$ rece&tion %ein$ held in said hotel' >o%erto alle$ed that he was then invitedhis friend to .oin her at the weddin$ rece&tion and carried the %as/et full of fruits whshe was %rin$in$ to the affair' At the rece&tion" the weddin$ coordinator of the honoticed hi and as/ed hi" alle$edl! in a loud voice" to leave as he was not in the $ulist' 9e retorted that he had %een invited to the affair %! his friend" who however dendoin$ so' 7ee&l! e%arrassed %! the incident" >o%erto then sued the hotel for daaunder Articles 1; and 21 of the Civil Code' o%ertoPs action &ros&er ()&lain' *+ %5 >ic/! donated 1 illion to the un%orn child of his &re$nant $irlfriend" which acce&ted' After si) 65 onths of &re$nanc!" the fetus was %orn and %a&ti@ed as An$e9owever" An$ela died 20 hours after %irth' >ic/! sou$ht to recover the 1 illion

>ic/! entitled to recover ()&lain' *+5II

a5 Liwa!wa! =in@ons-Chato was then the Coissioner of Internal >evenue wFortune o%acco Cor&oration is an entit! en$a$ed in the anufacture of different %ranof ci$arettes" aon$ which are Cha&ion" 9o&e" and ore ci$arettes'Fortune filed a co&laint a$ainst =in@ons-Chato to recover daa$es for the alleviolation of its constitutional ri$hts arisin$ fro =in@ons-ChatoPs issuance of >eveeorandu Circular Go' 3#-;34 which re-classified Fortune ci$arettes as locanufactured with forei$n %rands and there%! i&osed hi$her ta)es5" which the u&reCourt later declared invalid'=in@ons-Chato filed a otion to 7isiss ar$uin$ that she cannot %e held lia%le daa$es for acts she &erfored while in the dischar$e of her duties as BI> CoissioIs she correct ()&lain' *+5

%5 he &etitioner filed a &etition for declaration of nullit! of arria$e %ased alle$edl!the &s!cholo$ical inca&acit! of the res&ondent" %ut the &s!cholo$ist was not a%le &ersonall! e)aine the res&ondent and the &s!cholo$ical re&ort was %ased onl! on narration of &etitioner' hould the annulent %e $ranted ()&lain' *+5III

a5 aria" wife of edro" withdrew * illion fro their con.u$al funds'


39/50

another woan' But Gi//i decided to $ive it a tr! and lived with hi for two 25 !ears'After two 25 !ears" Gi//i filed an action for le$al se&aration on the $round of ChristianPsse)ual infidelit!' osa as her sole heir' 9owever" when ,re$orio &resented it for &ro%atalread! contained an alteration" nain$ ,re$orio" instead of >osa" as sole heir"

without authentication %! GatividadPs si$nature' >osa o&&oses the &ro%ate alle$in$ slac/ of &ro&er authentication' he clais that the unaltered for of the will should$iven effect'


40/50

& +5VIII

a5 >ic/! and Arlene are arried' he! %e$ot Franco durin$ their arria$e' Franco had anillicit relationshi& with Audre! and out of which" the! %e$ot Arnel' Frnaco &redeceased>ic/!" Arlene and Arnel' Before >ic/! died" he e)ecuted a will which when su%itted to &ro%ate was o&&osed %! Arnel on the $round that he should %e $iven the share of hisfather" Franco' Is the o&&osition of Arnel correct 8 distri%ute his estate %! will" if his heirs are 8C" his wifeJ 9B> and >=C"his &arentsJ and an ille$itiate child" ,DIX

a5 7oes the ri$ht to re:uest for the issuance of a writ of &ossession over a foreclosed real &ro&ert! &rescri%e in five *5 !ears *+5 %5 A &etition for declaration of nullit! of a void arria$e can onl! %e filed %! either thehus%and or the wife 7o !ou a$ree ()&lain !our answer' *+5X

a5 A contract to sell is the sae as a conditional contract of sale' 7o !ou a$ree ()&lain!our answer' *+5 %5 A &artner cannot deand the return of his share contri%ution5 durin$ the e)istence of a &artnershi&' 7o !ou a$ree ()&lain !our answer' *+50 45T6I47 F5LL5WS 0

2013ESSA8 )UESTI54S

I'Nou are a Fail! Court .ud$e and %efore !ou is a etition for the 7eclaration of Gullit! of arria$e under Article 36 of the Fail! Code5filed %! aria a$ainst Geil' aria claisthat Geil is &s!cholo$icall! inca&acitated to co&l! with the essential o%li$ations of arria$e %ecause Geil is a drun/ard" a woani@er" a $a%ler" and a aas %o!- traitsthat she never /new or saw when Geil was courtin$ her' Althou$h suoned" Geil did notanswer arias &etition and never a&&eared in court'o su&&ort her &etition" aria &resented three witnesses- herself" 7r' (lsie Chan" andA%rosia' 7r' Chan testified on the &s!cholo$ical re&ort on Geil that she &re&ared' ince Geil never ac/nowled$ed n;r res&onded to her invitation for interviews" her re&ort issolel! %ased on her interviews with aria and the s&ouses inor children' 7r' Chanconcluded that Geil is sufferin$ fro Garcissistic ersonalit! 7isorder" an ailent that shefound to %e alread! &resent since Geils earl! adulthood and one that is $rave and

incura%le' aria testified on the s&ecific instances when she found Geil drun/" with

&" !Dn the %asis of the evidence &resented" will !ou $rant the &etition ?+5II'A collision occurred at an intersection involvin$ a %ic!cle and a ta)ica%' Both the %ic!rider a %usinessan then doin$ his ornin$ e)ercise5 and the ta)i driver claied thatother was at fault' Based on the &olice re&ort" the %ic!cle crossed the intersection first the ta)ica%" crossin$ at a fast cli& fro the %ic!cles left" could not %ra/e in tie andthe %ic!cles rear wheel" to&&lin$ it and throwin$ the %ic!cle rider into the sidewaleters awa!'he %ic!cle rider suffered a fractured ri$ht /nee" sustained when he fell on his ri$ht s

on the concrete side wal/' 9e was hos&itali@ed and was su%se:uentl! o&erated renderin$ hi io%ile for 3 wee/s and re:uirin$ &h!sical reha%ilitation for anotheonths' In his co&laint for daa$es" the rider &ra!ed for the award of1"000"000 acdaa$es"200"000 oral daa$es" 200"000 e)e&lar! daa$es" 1 00"000 nodaa$es and *0"000 attorne!s fees'Assuin$ the &olice re&ort to %e correct and as the law!er for the %ic!cle rider" wevidence docuentar! and testionial5 and le$al ar$uents will !ou &resent in cour .ustif! the daa$es that !our client clais ?+5III'er$io is the re$istered owner of a *00-s:uare eter land' 9is friend" arcelo" who lon$ %een interested in the &ro&ert!" succeeded in &ersuadin$ er$io to sell it to hi' 8une 2" 2012" the! a$reed on the &urchase &rice of 600"000 and that er$io would $arcelo u& to 8une30" 2012 within which to raise the aount' arcelo" in a li$ht to

usual %etween the" said that the! should seal their a$reeent throu$h a case of 87aniels Blac/ and *"000 &ulutan one! which he iediatel! handed to er$io which the latter acce&ted' he friends then sat down and dran/ the first %ottle fro case of %our%on'Dn 8une 1*" 2013" er$io learned of another %u!er" >o%erto" who was offerin$ ?00"in read! cash for the land' o%erto confired that he could &a! in cash as sooner$io could $et the docuentation read!" er$io decided to withdraw his offerarcelo" ho&in$ to .ust e)&lain atters to his friend' arcelo" however" o%.ected whenwithdrawal was counicated to hi" ta/in$ the &osition that the! have a fir %indin$ a$reeent that er$io cannot si&l! wal/ awa! fro %ecause he has an o&tio %u! that is dul! su&&orted %! a dul! acce&ted valua%le consideration'

A5 7oes arcelo have a cause of action a$ainst er$io *+5B5 Can er$io clai that whatever the! i$ht have a$reed u&on cannot

enforced %ecause an! a$reeent relatin$ to the sale of real &ro&ert! ust


su&&orted %! evidence in writin$ and the! never reduced their a$reeent towritin$ 3+5

B5 Litos failure to &a! led to the e)tra-.udicial foreclosure of the ort$a$ed r &ro&ert!'


41/50

$ 5I='Anselo is the re$istered owner of a land and a house that his friend Bo%o! occu&ied for a noinal rental and on the condition that Bo%o! would vacate the &ro&ert! on deand'odri$ue@" not on Lot A that the! &urchased' he! s&ent 1 000"000 for house'As their law!er" advise the s&ouses 7ela Cru@ on their ri$hts and o%li$ations under $iven circustances" and the recourses and o&tions o&en to the to &rotect their intere?+5IE'

>ica &etitioned for the annulent of her ten-!ear old arria$e to >ichard' >ichard hiAtt!' Cru@ to re&resent hi in the &roceedin$s' In &a!ent for Att!' Cru@s acce&tance a


le$al fees" >ichard conve!ed to Att!' Cru@ a &arcel of land in a$ui$ that he recentl! &urchased with his lotto winnin$s' he transfer docuents were dul! si$ned and Att!'

A5 200"000B5 300"000


42/50

Cru@ iediatel! too/ &ossession %! fencin$ off the &ro&ert!s entire &erieter'7es&eratel! needin$ one! to &a! for his ountin$ le$al fees and his other needs anddes&ite the transfer to Att!' Cru@" >ichard offered the sae &arcel of land for sale to thes&ouses ,arcia' After ins&ection of the land" the s&ouses considered it a $ood investentand &urchased it fro >ichard' Iediatel! after the sale" the s&ouses ,arcia coencedthe construction of a three-stor! %uildin$ over the land" %ut the! were &revented frodoin$ this %! Att!' Cru@ who claied he has a %etter ri$ht in li$ht of the &rior conve!ancein his favor'Is Att!' Cru@s clai correct ?+5

E'anuel was %orn on 12 arch 1;40 in a 1 000-s:uare eter &ro&ert! where he $rew u&hel&in$ his father" ichael" cultivate the land' ichael has lived on the &ro&ert! since theland was o&ened for settleent at a%out the tie of the Coonwealth $overnent in1;3 *" %ut for soe reason never secured an! title to the &ro&ert! other than a ta)declaration in his nae' 9e has held the &ro&ert! throu$h the !ears in the conce&t of anowner and his sta! was uncontested %! others' 9e has also conscientiousl! andcontinuousl! &aid the realt! ta)es on the land'ichael died in 2000 and anuel - as ichaelPs onl! son and heir -now wants to secureand re$ister title to the land in his own nae' 9e consults !ou for le$al advice as he wantsto &erfect his title to the land and secure its re$istration in his nae'

A5


43/50

III' 15 If Aador fails to &a! Basilio his loan on arch 2*" 2012" can Basilioco&el Cacho to &a! 1+5

A5 Go" Basilio cannot co&el Cacho to &a! %ecause as $uarantor" Cachocan invo/e the &rinci&le of e)cussion" i'e'" all the assets of Basilio ustfirst %e e)hausted'B5 Go" Basilio cannot co&el Cacho to &a! %ecause Basilio has note)hausted the availa%le reedies a$ainst Aador'C5 Nes" Basilio can co&el Cacho to &a! %ecause the nature of Cachosunderta/in$ indicates that he has %ound hiself solidaril! with Aador'

75 Nes" Basilio can co&el Cacho who %ound hiself to unconditionall! &a! in case Aador fails to &a!J thus the %enefit of e)cussion will nota&&l!'

III' 25 If Aador sells his residential house and lot to 7ie$o" can Basilioforeclose the real estate ort$a$e 1+5

A5 Nes" Basilio can foreclose the real estate ort$a$e %ecause real estateort$a$e creates a real ri$ht that attaches to the &ro&ert!'B5 Nes" Basilio can foreclose the real estate ort$a$e' It is %indin$ u&on7ie$o as the ort$a$e is e%odied in a &u%lic instruent'C5 Go" Basilio cannot foreclose the real estate ort$a$e' he saleconfers ownershi& on the %u!er" 7ie$o" who ust therefore consent'75 Go" Basilio cannot foreclose the real estate ort$a$e' o de&rive thenew owner of ownershi& and &ossession is un.ustand ine:uita%le'

I=' Cru@ lent 8ose his car until 8ose finished his Bar e)as' oon after Cru@ delivered thecar" 8ose %rou$ht it to itsu%ishi Cu%ao for aintenance chec/ u& and incurred costsof ?"000' eein$ the cars &eelin$ and faded &aint" 8ose also had the car re&aintedfor 10"000' Answer the two :uestions %elow %ased on these coon facts'

I=' 15 After the %ar e)as" Cru@ as/ed for the return of his car' 8ose said hewould return it as soon as Cru@ has rei%ursed hi for the car aintenance andre&aintin$ costs of 1?"000'Is 8oses refusal .ustified 1+5

A5 Go" 8oses refusal is not .ustified' In this /ind of contract" 8ose iso%li$ed to &a! for all the e)&enses incurred for the &reservation of thethin$ loaned'B5 Nes" 8oses refusal is .ustified' 9e is o%li$ed to &a! forall the ordinar!and e)traordinar! e)&enses" %ut su%.ect to rei%urseent fro Cru@'

C5 Nes" 8oses refusal is .ustified' he &rinci&le of un.ust enrichentwarrants the rei%urseent of 8oses e)&enses'

these useful e)&enses'I=' 25 7urin$ the %ar e)a onth" 8ose lent the car to his $irlfriend" 8olie" w &ar/ed the car at the all of Asias o&en &ar/in$ lot" with the i$nition /e! insthe car' Car thieves %ro/e into and too/ the car'Is 8ose lia%le to Cru@ for the loss of the car due to 8olies ne$li$ence 1+5

A5 Go" 8ose is not lia%le to Cru@ as the loss was not due to his faultne$li$ence'B5 Go" 8ose is not lia%le to Cru@' In the a%sence of an! &rohi%ition" 8could lend the car to 8olie' ince the loss was due to force a.eu

neither 8ose nor 8olie is lia%le'C5 Nes" 8ose is lia%le to Cru@' ince 8ose lent the car to 8olie withCru@s consent" 8ose ust %ear the conse:uent loss of the car'75 Nes" 8ose is lia%le to Cru@' he contract %etween the is &ersonanature' 8ose can neither lend nor lease the car to a third &erson'

=' In 200*" L" " G" 0 and fored a &artnershi&' L" and G were ca&italist &artnwho contri%uted *00"000 each" while 0" a liited &artner" contri%uted 1 "000"000 .oined as an industrial &artner" contri%utin$ onl! his services' he Articles of artnershre$istered with the ecurities and ()chan$e Coission" desi$nated L and 0 as ana$ &artnersJ L was lia%le onl! to the e)tent of his ca&ital contri%utionJ and was not liafor losses'In 2006" the &artnershi& earned a net &rofit of ?00"000' In the sae !ear" en$a$ed different %usiness with the consent of all the &artners' 9owever" in 200#" the &artners

incurred a net loss of *00"000' In 200?"the &artners dissolved the &artnershi&' &roceeds of the sale of &artnershi& assets were insufficient to settle its o%li$ation' Ali:uidation" the &artnershi& had an un&aid lia%ilit! of300"000'

=' l5 Assuin$ that the .ust and e:uita%le share of the industrial &artner" " in &rofit in 2006 aounted to 1 00"000" how uch is the share of 0" a li &artner" in the ?00"000 net &rofit 1+5

A5 160"000'B5 1#*"000'C5 2?0"000'75 200"000'(5 Gone of the a%ove'

=' 25 In 200#" how uch is the share of 0" a liited &artner" in the net lof *00"000 1+5

A5 0'B5 1 00"000'


C5 12*"000'75 200"000'(5 G f th %

D%li$ations arisin$ fro contract have the force of law %etween contractin$ &arties'C5 N 9 . tifi d i hi f l t t th d li


44/50

(5 Gone of the a%ove'=' 35 Can the &artnershi& creditors hold L" 0 and lia%le after all the assets of the &artnershi& are e)hausted 1+5

A5 Nes' he sti&ulation e)e&tin$ fro losses is valid onl! aon$ the &artners' L is lia%le %ecause the a$reeent liitin$ his lia%ilit! to hisca&ital contri%ution is not valid insofar as the creditors are concerned'9avin$ ta/en &art in the ana$eent of the &artnershi&" 0 is lia%le asca&italist &artner'B5 Go' is not lia%le %ecause there is a valid sti&ulation e)e&tin$ hi

fro losses' ince the other &artners allowed hi to en$a$e in an outside %usiness activit!" the sti&ulation a%solvin$ fro lia%ilit! is valid' For 0"it is %asic that a liited &artner is lia%le onl! u& to the e)tent of his ca&italcontri%ution'C5 Nes' he sti&ulations e)e&tin$ and L fro losses are not %indin$u&on the creditors' 0 is li/ewise lia%le %ecause the &artnershi& was notfored in accordance with the re:uireents of a liited &artnershi&'75 Go' he Civil Code allows the &artners to sti&ulate that a &artner shallnot %e lia%le for losses' he re$istration of the Articles of artnershi&e%od!in$ such sti&ulations serves as constructive notice to the &artnershi& creditors'(5 Gone of the a%ove is co&letel! accurate'

=I' ,ar! is a to%acco trader and also a lendin$ investor' 9e sold to%acco leaves to 9oer for deliver! within a onth" althou$h the &eriod for deliver! was not $uaranteed' 7es&ite

,ar!s efforts to deliver on tie" trans&ortation &ro%les and $overnent red ta&ehindered his efforts and he could onl! deliver after 30 da!s' 9oer refused to acce&t thelate deliver! and to &a! on the $round that the a$reed ter had not %een co&lied with'As lendin$ investor" ,ar! $ranted a l"000"000 loan to Isaac to %e &aid within two !earsfro e)ecution of the contract' As securit! for the loan" Isaac &roised to deliver to ,ar!his o!ota Innova within seven #5 da!s" %ut Isaac failed to do so' ,ar! was thusco&elled to deand &a!ent for the loan %efore the end of the a$reed two-!ear ter'

=I' l5


45/50

:uestionsH=II' l5 If Lito is alive" what is the status of his arria$e to Lita 1+5

A5 he arria$e su%sists %ecause the arital %ond has not %eenterinated %! death'B5 he arria$e was terinated when Lita arried 8aie'C5 he arria$e su%sists %ecause Litas arria$e to 8aie is void'75 he arria$e is terinated %ecause Lito is &resued dead after his &lane has %een issin$ for ore than 4 !ears'(5 he arria$e can %e forall! declared terinated if Lito would not

resurface'=II' 25 If Lito is alive" what is the status of Litas arria$e to 8aie 1+5

A5 he arria$e is valid %ecause Litas arria$e to Lito was terinatedu&on Litos disa&&earance for ore than seven !ears'B5 he arria$e is valid' After an a%sence of ore than 10 !ears" Lito isalread! &resued dead for all &ur&oses'C5 he arria$e is void' Litos ere a%sence" however len$th!" isinsufficient to authori@e Lita to contract a su%se:uent arria$e'75 he arria$e is void' If Lito is indeed alive" his arria$e to Lita wasnever dissolved and the! can resue their arital relations at an! tie'

=III'


46/50

lease'75 Go' I will not $rant the otion %ecause the cause of action does notsee/ to enforce an! ri$ht under the contract of lease'

E' 25Assue that 8anet decided not to acce&t the scholarshi& and continuedleasin$ A&artent Go' 1' idwa! throu$h the lease &eriod" Arlene decided to sellA&artent Go' 1 to 8un in %reach of her &roise to 8anet to $rant her the ri$ht of first refusal' hus" 8anet filed an action see/in$ the reco$nition of her ri$ht of firstrefusal" the &a!ent of daa$es for the violation of this ri$ht" and the rescissionof the sale %etween Arlene and 8un'

Is 8anets action eritorious 1+5A5 Nes" under the Civil Code" a &roise to %u! and sell a deterinatethin$ is reci&rocall! deanda%le'B5 Go" the &roise to %u! and sell a deterinate thin$ was not su&&orted %! a consideration'C5 Nes" 8anets ri$ht of first refusal was clearl! violated when the &ro&ert! was not offered for sale to her %efore it was sold to 8un'75 Go" a ri$ht of first refusal involves an interest over real &ro&ert! thatust %e e%odied in a written contract to %e enforcea%le'(5 Gone of the a%ove'

-0-0-0-

2014

I'Ari@ and a@ were officeates at erlas n$ ilan$an Ban/ B5' he! fell in love witheach other and had a civil and church weddin$' eanwhile" a@ ra&idl! cli%ed thecor&orate ladder of B and eventuall! %ecae its =ice resident" while Ari@ reainedone of its %an/ su&ervisors" althou$h he was short of 12 units to finish his asters of Business Adinistration BA5 de$ree'Ari@ %ecae envious of the success of his wife' 9e started to drin/ alcohol until he %ecae a drun/ard' 9e &referred to .oin his %ar/adasJ %ecae a wife%eaterJ would hurthis children without an! reasonJ and failed to contri%ute to the needs of the fail!' 7es&itereha%ilitation and consultation with a &s!chiatrist" his wa!s did not chan$e'After 1; !ears of arria$e" a@" a devout Catholic" decided to have their arria$eannulled %! the church' hrou$h the testion! of a@ and a &s!chiatrist" it was found thatAri@ was a s&oiled %rat in his !outh and was soeties involved in %rawls' In his teens"

he was once referred to a &s!chiatrist for t reatent due to his violent tendencies' In duetie" the Gational A&&ellate atrionial ri%unal GA5 annulled the union of Ari@

and their children to have the arria$e annulled'In view of the GA decision" a@ decided to file a etition for 7eclaration of Gullit!arria$e of their civil weddin$ %efore the >e$ional rial Court >C5 of a/ati Cusin$ the GA decision and the sae evidence adduced in the church annul &roceedin$s as %asis'If !ou are the .ud$e" will !ou $rant the &etition ()&lain' *+5II'Cris&in died testate and was survived %! Ale) and 8osine" his children fro his first w>ene and >u%!" his children fro his second wifeJ and Allan" Bea" and Ches/a"

children fro his third wife'Dne i&ortant &rovision in his will reads as followsHAn$ lu&a at %aha! sa Lun$sod n$ a!nila a! ilili&at at ilala$a! sa &an$alan nila Ale>ene hindi %ilan$ &aana /o sa /anila /undi u&an$ &aahalaan at &an$ala$aan lanila at nan$ an$ sinuan sa a/in$ $a ana/" sa&u n$ a/in$ $a a&o at /aa&ua&uhansa ha%an$ &anahon" a! a! tutulu!an /un$ a$nanais na a$-aral sa a!nila o sa /alna $a lun$sod'Is the &rovision valid 4+5III'he >oan Catholic Church acce&ted a donation of a real &ro&ert! located in Li&a Cit!deed of donation was e)ecuted" si$ned %! the donor" 7on ariano" and the donee" Church" as re&resented %! Fr' 7aian' Before the deed could %e notari@ed" 7on ariadied' Is the donation valid 4+5

I=' Gante" a re$istered owner of a &arcel of land in Que@on Cit!" sold the &ro&ert! to onunder a deed of sale which reads as followsHhat for and in consideration of the su of *00"000'00" value to %e &aid and deliveto e" and recei&t of which shall %e ac/nowled$ed %! e to the full satisfactiononica" referred to as =endee" I here%! sell" transfer" cede" conve!" and assi$n" as %! th &resents" I do have sold" transferred" ceded" conve!ed and assi$ned a &arcel of lcovered %! C Go' 246? in favor of the =endee'After deliver! of the initial &a!ent of 100"000'00" onica iediatel! too/ &ossesof the &ro&ert!' Five *5 onths after" onica failed to &a! the reainin$ %alance of &urchase &rice' Gante filed an action for the recover! of &ossession of the &ro&ert!' Gaalle$ed that the a$reeent was one to sell"which was not consuated as the full cont &rice was not &aid' Is the contention of Gante tena%le uth filed a co&laint for the annulent of the sale reconve!ance and daa$es a$ai


47/50

C5 It reduces the devise and le$ac!75 It &artiall! annuls the institution of heir

=I'i/o and 7inah started to live to$ether as hus%and and wife without the %enefit of arria$e in 1;?4' en 105 !ears after" the! se&arated' In 1;;6" the! decided to liveto$ether a$ain" and in 1;;?" the! $ot arried'Dn Fe%ruar! 1#" 2001" 7inah filed a co&laint for declaration of nullit! of her arria$ewith i/o on the $round of &s!cholo$ical inca&acit! under Article 36 of the Fail! Code'he court rendered the followin$ decisionH

1' 7eclarin$ the arria$e null and voidJ2' 7issolvin$ the re$ie of a%solute counit! of &ro&ert!J and3' 7eclarin$ that a decree of a%solute nullit! of arria$e shall onl! %e issued after li:uidation" &artition and distri%ution of the &artiesP &ro&erties under Article 14# of theFail! Code'7inah filed a otion for &artial reconsideration :uestionin$ the &ortion of the decision onthe issuance of a decree of nullit! of arria$e onl! after the li:uidation" &artition anddistri%ution of &ro&erties under Article 14# of the Code'If !ou are the .ud$e" how will !ou decide &etitionerPs otion for &artial reconsiderationuth alle$ed that the sale of the leased &ro&ert! violated her ri$h %u! under the &rinci&le of ri$ht of first refusal'Is the alle$ation of >uth tena%le 4+5IE'&ouses acario and Bonifacia 7a/ila entered into a contract to sell with 9onorio Cover a &arcel of industrial land in =alen@uela" Bulacan for a &rice of hree illion F9undred housand esos 3"*00"000'005' he s&ouses would $ive a down&a!enFive 9undred housand esos *00"000'005 u&on the si$nin$ of the contract" while

%alance would %e &aid for the ne)t three 35 consecutive onths in the aount of Dillion esos 1"000"000'005 &er onth' he s&ouses &aid the first two 25 installe %ut not the last installent' After one 15 !ear" the s&ouses offered to &a! the un& %alance which 9onorio refused to acce&t'he s&ouses filed a co&laint for s&ecific &erforance a$ainst 9onorio invo/in$ a&&lication of the aceda Law' If !ou are the .ud$e" how will !ou decide the case 4+E'7orotea leased &ortions of her 2"000 s:' ' lot to onet" ath!" Celia" and >uth for f*5 !ears' wo 25 !ears %efore the e)&iration of the lease contract" 7orotea sold &ro&ert! to >ealt! and 7evelo&ent Cor&oration' he followin$ onth" 7orotea >ealt! sto&&ed acce&tin$ rental &a!ents fro all the lessees %ecause the! wantedterinate the lease contracts'7ue to the refusal of 7orotea to acce&t rental &a!ents" the lessees " >uth" et al'" file

co&laint for consi$nation of the rentals %efore the >e$ional rial Court >C5 of anwithout notif!in$ 7orotea'Is the consi$nation valid 4+5EI'An easeent that can %e ac:uired %! &rescri&tionH 1+5

A5 >i$ht of wa!B5


48/50

reason of novation which too/ &lace when I acce&ted &artial &a!ents fro Aorosoon its %ehalf'olando had adau$hter" (dith" while ar/ had a son" hili&' After the death of (ste%an and artha" their three 35 &arcels of land were ad.udicated to 8un' After the death of 8un" the &ro&erties &assed to his survivin$ s&ouse Anita" and son Cesar'


49/50

$ & & &I allow ! child nae of student5" ,rade ection" to .oin the schoolPs field tri& onFe%ruar! 14" 2014'I will not file an! clai a$ainst the school" adinistrator or teacher in case soethin$ha&&ens to ! child durin$ the tri&'8oe!" a #-!ear-old student of a%uha! (leentar! chool was %itten %! a sna/e while the$rou& was tourin$ anila oo' he &arents of 8oe! sued the school for daa$es' heschool" as a defense" &resented the waiver si$ned %! 8oe!Ps &arents'e$ister to annotate the decree of divorce on his arria$e contract with Annie' 9owe

he was advised %! the Gational tatistics Dffice GD5 to file a &etition for .udireco$nition of the decree of divorce in the hili&&ines'Is it necessar! for ed to file a &etition for .udicial reco$nition of the decree of divorceo%tained in Canada %efore he can contract a second arria$e in the hili&&ines 4+5EE='ario e)ecuted his last will and testaent where he ac/nowled$es the child %econceived %! his live-in &artner 8osie as his own childJ and that his house and lotBa$uio Cit! %e $iven to his un%orn conceived child' Are the ac/nowled$ent and donation ortis causa valid


50/50

EE=III'&ouses (ste%an and aria decided to raise their two 25 nieces" Faith and 9o&e" %othinors" as their own children after the &arents of the inors died in a vehicular accident'en 105 !ears after" (ste%an died' aria later on arried her %oss 7aniel" a Britishnational who had %een livin$ in the hili&&ines for two 25 !ears'

civil law bar questions 06-14

Documents