2012 BAR EXAMINATIONS

CIVIL 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$bered 1 u% to 100
contained in T&'(T) T&O 22! %ages.
Answer each question on the M"# Answer *heet b+ shading co$%letel+ the a%%ro%riate circle
corres%onding to the letter +ou ha,e chosen. -ead the Mar.ing /nstructions on the Answer
*heet!
A,oid erasures on the Answer *heet. /f +ou need to $a.e corrections0 erase co$%letel+ the
answer +ou want to change.
1ee% the Answer *heet clean. 2o not $a.e unnecessar+ $ar.s on it. 2o not fold0 roll0 scratch0
cru$%le or tear it.
)ou $a+ write on the on the questionnaire and use it as scratch %a%er but $a.e sure to transfer
+our answer to the Answer *heet. 3ro,ide a$%le ti$e to transfer the answers if +ou choose to do
this.
Answer first the M"#s co$%letel+ before going to the essa+-t+%e questions.
4A(2 /( )O5- A(*&'- *4''T. T4'-' /* (O (''2 TO -'T5-( T4/*
#5'*T/O((A/-' TO T4' 4'A2 &AT"4'-.
6OO275"1888
9999999999999999999999999999999999999
MARTIN S. VILLARAMA, JR.
Chairperson
2012 Bar Examinations Committee
PLEASE CHEC THAT THIS SET CONTAINS TWENT! THREE (2") PA#ES
(INCLU$IN# THIS PA#E).
WARNIN#% NOT &OR SALE OR UNAUTHORI'E$ USE
CIVIL LAW
1. &hich of the following is (OT included in the attributes of :uridical ca%acit+;
a! <uridical ca%acit+ is inherent in e,er+ natural %erson0 and therefore it is not acquired.
b! <uridical ca%acit+ is lost onl+ through death.
c! <uridical ca%acit+ is the fitness to be the sub:ect of legal relations.
d! <uridical ca%acit+ cannot e=ist without ca%acit+ to act.
2. &hich of the following is (OT a restriction on one>s ca%acit+ to act;
a! Minorit+
b! Marriage
c! 2eaf-$ute
d! "i,il /nterdiction
?. This attribute or incident of a case deter$ine whether it is a conflict-of-laws case or one
co,ered b+ do$estic law.
a! "ause of action
b! @oreign ele$ent
c! <urisdiction
d! @oru$ non con,eniens
4. The ca%acit+ of an heir to succeed shall be go,erned b+ the:
a! national law of the decedent>s heirs
b! law of the countr+ where the decedent was a resident at the ti$e of his death
c! national law of the %erson who died
d! law of the countr+ where the %ro%erties of the decedent are located.
A. Att+. B51O0 a @ili%ino0 e=ecuted a will while he was in *%ain. The attestation clause of the
said will does not contain Bu.o>s signature. /t is ,alid under *%anish law. At its %robate in
Manila0 it is being o%%osed on the ground that the attestation clause does not contain B51O>s
signature. /s the o%%osition correct; "hoose the best answer..
a! )es0 because it is a fatal defect.
b! )es0 the will is not ,alid under 3hili%%ine law.
c! (o0 attestation clause is not an act of the testator.
d! (o0 the go,erning law is *%anish law.
C. -a$on0 a @ili%ino0 e=ecuted a will in Manila0 where he left his house and located in B3
4o$es 3araDaque in fa,or of his @ili%ino son0 -a$gen. -a$on>s other children -< and -a$ona0
both Tur.ish nationals0 are dis%uting the bequest to -a$gen. The+ %lotted to .ill -a$gen.
-a$on learned of the %lot0 so he tore his will in two %ieces out of anger. &hich state$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,o.ing it.
d! The act of tearing the will is $aterial.
E. ',en if the a%%licable law is a foreign law0 a count in the 3hili%%ines $a+ be constrained to
a%%l+ 3hili%%ine law under an+ of the following instances0 e()e*t%
a! when the foreign law0 :udg$ent or contract is contrar+ to a sound and i$%ortant %ublic
%olic+ of the foru$F
b! when the %ro%ert+ sub:ect 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.
8. /f a will is e=ecuted b+ a testator who was born a @ili%ino citiGen but beca$e naturaliGed
<a%anese citiGen at the ti$e of his death0 what law will go,ern its testa$entar+ %ro,isions if the
will is e=ecuted in "hina and the %ro%ert+ being dis%osed is located in /ndonesia;
a! "hinese law
b! 3hili%%ine law
c! /ndonesia law
d! <a%anese law
H. A <a%anese national and a @ili%ino national entered into a contract for ser,ices in Thailand.
The ser,ices will be rendered in *inga%ore. /n case of breach0 what law will go,ern;
a! Thailand law
b! 3hili%%ine law
c! *inga%ore law
d! <a%anese law
10. 3edro @ili%ino! and his wife <ane A$erican! e=ecuted a :oint will in "anada0 where such
:oint will is ,alid. /n case the :oint will is %robated in <a%an0 what law will go,ern the for$alities
of the :oint will;
a! A$erican law
b! 3hili%%ine law
c! "anadian law
d! <a%anese law
11. A @rench national re,o.es his will in <a%an where he is do$iciled. 4e then changed his
do$icile to the 3hili%%ines where he died. The re,ocation of his will in <a%an is ,alid under
<a%anese law but in,alid under 3hili%%ine law. The affected heir is a Mala+sian national residing
in the 3hili%%ines. &hat law will a%%l+;
a! <a%anese law
b! 3hili%%ine law
c! @rench law
d! Mala+sian law
12. /n the absence of contrar+ sti%ulation in a $arriage settle$ent0 %ro%ert+ relations of @ili%ino
s%ouses shall be go,erned b+ ---
a! 3hili%%ines laws
b! 7aw of the %lace where the s%ouses reside
c! 7aw of the %lace where the %ro%erties are situated
d! 7aw of the %lace where the+ were $arried.
1?. The will of a @ili%ino e=ecuted in a foreign countr+ ---
a! cannot be %robated in the 3hili%%inesF
b! $a+ be %robated in the 3hili%%ines %ro,ided that %ro%erties in the estate are located in
the 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
laws of the %lace where the will was e=ecuted.
14. 3edro @ili%ino and Bill A$erican! entered into a contract in Australia0 whereb+ it was
agreed that 3edro will build a co$$ercial building for Bill in the 3hili%%ines0 and in %a+$ent for
the construction0 Bill will transfer and con,e+ his cattle ranch located in <a%an in fa,or of 3edro.
/n case 3edro %erfor$s his obligation0 but Bill fails or refuses to %a+0 what law will go,ern;
a! A$erican law
b! 3hili%%ine law
c! Australian law
d! <a%anese law
(&+)ts ,-. /te0 1203e.s 14516)
/n 1H8H0 "harice @ili%ina! and <ustine A$erican!0 were $arried in the 3hili%%ines. /n
1HH00 the+ se%arated and <ustine went to 7as Iegas where he obtained a di,orce in the
sa$e +ear. 4e then $arried another @ili%ina0 7ea0 in "anada on <anuar+ 10 1HH2. The+
had two 2! sons0 <a$es and <ohn who were both born in 1HH2!. /n 1HH?0 after failing to
hear fro$ <ustine0 "harice $arried Bugo+ a @ili%ino!0 b+ who$ she had a daughter0
-egine. /n 200H0 -egine $arried <a$es son of <ustine with 7ea! in "alifornia0 where
such $arriage is ,alid.
1A. &hat is the current status of the $arriage of "harice and <ustine under 3hili%%ine laws;
a! Ialid
b! Ioid
c! Ioidable
d! 2issol,ed
1C. &hat id the status of the $arriage between "harice and Bugo+ under 3hili%%ine laws;
a! Ialid
b! Ioid
c! Ioidable
d! 5nenforceable
1E. &hat is the status of the $arriage between "harice and Bugo+ under 3hili%%ine laws;
a! Ialid
b! Ioid
c! Ioidable
d! 5nenforceable
18. &hat is the status of the $arriage between -egine and <a$es under 3hili%%ine laws;
a! Ialid
b! Ioid
c! Ioidable
d! 5nenforceable
1H. -ic.+ and 3rincess were sweethearts. 3rincess beca$e %regnant. 1nowing that -ic.+ is
%re%aring for the e=a$inations0 Marforth0 a law+er and cousin of 3rincess0 threatened -ic.+ with
the filing of a co$%laint for i$$oralit+ in the *u%re$e "ourt0 thus %re,enting hi$ fro$ ta.ing
e=a$inations unless he $arries 3rincess. As a consequence of the threat0 -ic.+ $arried 3rincess.
"an the $arriage be annulled on the ground of inti$idation under Article 4A of the @a$il+ "ode;
"hoose the best answer.
a! )es0 because without the threat0 -ic.+ would not ha,e $arried 3rincess.
b! )es0 because the threat to enforce the clai$ of 3rincess ,itiates the consent of -ic.+ in
contracting the $arriage.
c! (o0 because the threat $ade b+ Marforth is :ust and legal.
d! (o0 because Marforth is not a %art+ to the contract of $arriage between 3rincess and
-ic.+.
20. Audre+0 single0 bought a %arcel of land in Malolos "it+ fro$ @ranco for 3 1Million. A
contract was e=ecuted between the$ which alread+ ,ested u%on Audre+ full ownershi% of the
%ro%ert+0 although %a+able in $onthl+ install$ents for a %eriod of four 4! +ears. One 1! +ear
after the e=ecution of the contract0 Audre+ got $arried to Arnel. The+ e=ecuted a $arriage
settle$ent whereb+ the+ agreed that their %ro%erties shall be go,erned b+ the regi$e of con:ugal
%artnershi% of gains. Thereafter0 subsequent install$ents were %aid fro$ the con:ugal %artnershi%
funds. /s the land con:ugal or %ara%hernal;
a! The land is con:ugal because the install$ents were %aid fro$ the con:ugal %artnershi%
funds.
b! The land is %ara%hernal because ownershi% thereof was acquired before the $arriage.
c! The land is both con:ugal and %ara%hernal funds of install$ents were %aid fro$ both
the %ersonal funds of Audre+ and the con:ugal %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 ?20000 to 4ubert orall+ and deli,ered the unit to
4ubert 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+0 a @ili%ino citiGen and To%acio0 an Australian citiGen0 got $arried in the consular office
of the 3hili%%ines in Australia. According to the laws of Australia0 a $arriage sole$niGed b+ a
consular official is ,alid0 %ro,ided that such $arriage is celebrated in accordance with the laws
of such consular official. 5nder 3hili%%ine law0 what is the status of the $arriage of Aga+ and
To%acio; "hoose the best answer.
a! Ioid0 because the consular official onl+ has authorit+ to sole$niGe $arriages between
@ili%inos.
b! Ialid0 because according to the laws of Australia0 such consular official has authorit+
to celebrate the $arriage.
c! Ioidable0 because there is an irregularit+ in the authorit+ of the consular official to
sole$niGe $arriages.
d! Ialid0 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+ ta.e %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=ual
intercourse.
c! the+ were li,ing a%art.
d! he is %h+sicall+ inca%able of se=ual intercourse.
2A. 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%aration0 which is not correct;
a! The aggrie,ed s%ouse $a+ file the action within fi,e A! +ears fro$ the ti$e of the
occurrence 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.
&ho owns the disco,ered treasure;
a! The half %ertaining to the husband finder! belongs to the con:ugal %artnershi%.
b! The half %ertaining to the wife as owner! belongs to the con:ugal %artnershi%.
c! One half shall belong to the husband as finder and the other half shall belong to the
wife as 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 sisters0 whether of the full or half blood.
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 as
ground for the annul$ent of a $arriage0 e=ce%t;
a! (on-disclosure of the %re,ious con,iction b+ final :udg$ent of the other %art+ of a
cri$e in,ol,ing $oral tur%itude.
b! "onceal$ent of a se=uall+-trans$issible disease0 regardless of its nature0 e=isting at
the ti$e of the $arriage.
c! "onceal$ent of drug addiction0 habitual alcoholis$0 ho$ose=ualit+ or lesbianis$
e=isting at 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,o.ed 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 $arriage0 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 $arriage0 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+ of the following instances0 e()e*t%
a! @iliation has been recogniGed b+ the father through the record of birth a%%earing in the
ci,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 ac.nowledging his filiation.
d! Affida,it b+ the $other stating the na$e of his true father.
??. 5nder -A 804?0 an ado%ter is required to be at least 9999 +ears old and 9999 +ears older
than the child to be ado%ted at the ti$e of the a%%lication unless the ado%ter is the %arent b+
nature of the child.
a! ?0 and 1A
b! 2E and 1C
c! A0 and 10
d! 18 and 1A
?4. 5nder -A 804?0 a child qualified to be ado%ted is an+ %erson below 99999 +ears old.
a! 18
b! 21
c! 1A
d! 1C
?A. &hich of the following 2O'* (OT result in %er$anent ter$ination of %arental authorit+;
a! 2eath of the %arents.
b! 2eath 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 court0 in an action filed for the %ur%ose0 $a+ sus%end %arental authorit+ if the %arent or
the %erson e=ercising %arental authorit+ co$$its an+ of the following acts0 e()e*t%
a! Treats the child with e=cessi,e harshness or cruelt+.
b! 6i,es the child corru%ting orders0 counsel or e=a$%le.
c! "o$%els the child to ta.e u% a course in college against hisJher will.
d! *ub:ects the child or allows hi$ to be sub:ected to acts of lasci,iousness.
?E. &hich of the following state$ents is 7.-189
a! The %ossessor in bad faith shall rei$burse the fruits recei,ed and those which the
legiti$ate %ossessor could ha,e recei,ed.
b! The %ossessor in bad faith has right of rei$burse$ent for necessar+ e=%enses and
those for the %roduction0 gathering and %reser,ation of the fruits.
c! The %ossessor in bad faith is not entitled to a refund of orna$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$ent K The e=%enses incurred in
i$%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 ob:ects for which such e=%enses ha,e been incurred0 %ro,ided
that the thing suffers no in:ur+ thereb+0 and that the lawful %ossessor does not %refer to
retain the$.
b! and he $a+ not re$o,e the ob:ects for which such e=%enses ha,e been incurred.
c! and he $a+ not re$o,e the ob:ects for which such e=%enses ha,e been incurred0 unless
he %a+s the ,alue the+ $a+ ha,e at the ti$e he entered into %ossession.
d! but he $a+ re$o,e the ob:ects 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 owner hi$self0
e()e*t%
a! &illJ*uccession
b! Mortgage
c! 3ledge
d! 7ease
40. A %lenar+ action for the reco,er+ of the %ossession of real estate0 u%on $ere allegation and
%roof of a better right thereto0 and without allegation of %roof of title. This action can onl+ be
brought after the e=%iration of one 1! +ear. &hat action is being referred to;
a! Accion %ubliciana
b! Accion rein,indicatoria
c! Accion interdictal
d! #uieting of Title
41. Action to reco,er real %ro%ert+ based on ownershi%. 4ere0 the ob:ect is the reco,er+ of the
do$inion o,er the %ro%ert+ as owner. &hat action is being referred to;
a! Accion %ubliciana
b! Accion rein,indicatoria
c! Accion interdictal
d! #uieting of Title
42. A su$$ar+ action to reco,er %h+sical or $aterial %ossession onl+ and $ust be brought
within one 1! +ear fro$ the ti$e the cause of action arises. &hat action is being referred to;
a! Accion %ubliciana
b! Accion rein,indicatoria
c! Accion interdictal
d! #uieting of Title
4?. The following things are %ro%ert+ of %ublic do$inion0 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.-189
a! %atri$onial %ro%ert+ of the state0 when no longer intended for %ublic use or for %ublic
ser,ice0 shall beco$e %ro%ert+ of %ublic do$inion.
b! all %ro%ert+ of the *tate0 which is not of %ublic do$inion0 is %atri$onial %ro%ert+.
c! The %ro%ert+ of %ro,inces0 cities and $unici%alities is di,ided into %ro%ert+ for %ublic
use and %atri$onial %ro%ert+.
d! 3ro%ert+ is either of %ublic do$inion or of %ri,ate ownershi%.
4A. The following cannot as. for the reduction of inofficious donation0 e()e*t%
a! "reditors of the deceased
b! 2e,isees or legatees
c! "o$%ulsor+ heirs of the donor
d! The sur,i,ing s%ouse of the donee.
4C. 2onation 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%+
of the 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 obligation0 e()e*t%
a! <uridicalJ7egal Tie
b! Acti,e sub:ect
c! 3assi,e sub:ect
d! "onsideration
48. /t is a conduct that $a+ consist of gi,ing0 doing0 or not doing so$ething.
a! Obligation
b! <uridical necessit+
c! 3restation
d! "ontract
4H. /t is a :uridical relation arising fro$ lawful, voluntary and unilateral acts based on the
%rinci%le that no one should un:ustl+ enrich hi$self at the e=%ense of another.
a! #uasi-contract
b! #uasi-delict
c! "otract
d! 2elict
A0. The following are the ele$ents of quasi-delict0 e()e*t%
a! Act or o$ission
b! @aultJnegligence
c! 2a$ageJin:ur+
d! 3re-e=isting contract
A1. A debtor is liable for da$ages in case of dela+ if he is guilt+ of an+ of the following0 e()e*t:
a! default $ora!
b! $ista.e
c! negligence cul%a!
d! breach through contra,ention of the tenor thereof
A2. 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
A?. The following are the requisites of $ora sol,endi0 e()e*t%
a! Obligation %ertains to the debtor and is deter$inate0 due0 de$andable0 and liquidated.
b! Obligation was %erfor$ed on its $aturit+ date.
c! There is :udicial or e=tra:udicial de$and b+ the creditor.
d! @ailure of the debtor to co$%l+ with such de$and.
A4. /t is an international e,asion of the faithful %erfor$ance of the obligation.
a! (egligence
b! @raud
c! 2ela+
d! Mista.e
AA. The following are the requisites of fortuitous e,ent0 e()e*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 a
nor$al $annerF i$%ossibilit+ $ust be absolute not %artial0 otherwise not force $a:eure.
d! 2ebtor contributed to the aggra,ation of the in:ur+ to the creditor.
AC. A debtor $a+ still be held liable for loss or da$ages e,en if it was caused b+ a fortuitous
e,ent in an+ of the following instances0 e()e*t%
a! The debtor is guilt+ of dolo, $alice or bad faith0 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 fraud0 negligence or dela+ or if he contra,ened the tenor of the
obligation.
AE. Bu.o0 @er$in and Toti bound the$sel,es solidaril+ to %a+ A+ee the a$ount of 3 A0000.00.
*u%%ose Bu.o %aid the obligation0 what is his right as against his co-debtors;
a! Bu.o cas as. for rei$burse$ent fro$ @er$in and Toti.
b! Bu.o can sue @er$in and Toti for da$ages.
c! Bu.o can sue for rescission.
d! Bu.o can clai$ a refund fro$ A+ee.
A8. Bu.o0 @er$in and Toti bound the$sel,es solidaril+ to %a+ A+ee the su$ of 3 100000.00.
&hen the obligation beca$e due and de$andable0 A+ee sued Bu.o for the %a+$ent of the 3
100000.00. Bu.o $o,ed to dis$iss on the ground that there was failure to i$%lead @er$in and
Toti who are indis%ensable %arties. &ill the $otion to dis$iss %ros%er; &h+;
a! )es0 because @er$in and Toti should ha,e been i$%leaded as their obligation is
solidar+.
b! (o0 because the creditor $a+ %roceed against an+ one of the solidar+ debtors or so$e
or all of the$ si$ultaneousl+.
c! (o0 because a $otion to dis$iss is a %rohibited %leading.
d! )es0 because @er$in and Toti should also %a+ their share of the obligation.
AH. Bu.o0 @er$in and Toti are solidaril+ debtors of A+ee. Twel,e 12! +ears after the obligation
beca$e due and de$andable0 Bu.o %aid A+ee and later on as.ed for rei$burse$ent of @er$in>s
and Toti>s shares. /s Bu.o correct; &h+;
a! (o0 because the obligation has alread+ %rescribed.
b! )es0 because the obligation is solidar+.
c! (o0 because in solidar+ obligation an+ one of the solidar+ debtors can %a+ the entire
debt.
d! )es0 because @er$in and Toti will be undul+ enriched at the e=%ense of Bu.o.
C0. Bu.o0 @er$in and Toti are solidar+ debtors under a loan obligation of 3 ?000000.00 which
has fallen due. The creditor has0 howe,er0 condoned @er$in>s entire share in the debt. *ince Toti
has beco$e insol,ent0 the creditor $a.es a de$and on Bu.o to %a+ the debt. 4ow $uch0 if an+0
$a+ Bu.o be co$%elled to %a+;
a! 3 200.000.00
b! 3 ?000000.00
c! 3 1000000.00
d! 3 1A00000.00
C1. 2ina bought a car fro$ <ai and deli,ered a chec. in %a+$ent of the sa$e. 4as 2ina %aid the
obligation; &h+;
a! (o0 not +et. The deli,er+ of %ro$issor+ notes %a+able to order0 or bills of e=change or
other $ercantile docu$ents shall %roduce the effect of %a+$ent onl+ when the+ ha,e
been cashed0 or when through the fault of the creditor the+ ha,e been i$%aired.
b! )es0 because a chec. is a ,alid legal tender of %a+$ent.
c! /t de%ends. /f the chec. is a $anager>s chec. or cashier>s chec. it will %roduce the
effect of %a+$ent. /f it>s an ordinar+ chec.0 no %a+$ent.
d! )es0 because a chec. is as good as cash.
C2. The following are the requisites of legal co$%ensation0 e()e*t%
a! That each of the obligors is bound %rinci%all+ and that he be the sa$e ti$e a %rinci%al
creditor of the other.
b! That both debts consist in a su$ of $one+0 or if the things due are consu$able0 the+ be
the sa$e .ind0 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 )-..e)t9
a! All contracts are %erfected b+ $ere consent.
b! All contracts are %erfected b+ deli,er+ of the ob:ect.
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
CA. /t is a %rinci%le which holds that contracts $ust be binding to both %arties and its ,alidit+ and
effecti,it+ can ne,er be left to the will of one of the %arties.
a! Obligator+ force of contracts
b! Mutualit+ of contracts
c! Autono$+ of contracts
d! -elati,it+ of contracts
CC. /t refers to the rule that a contract is binding not only between %arties but e=tends to the heirs0
successors in interest0 and assignees of the %arties0 provided that the contract in,ol,ed
trans$issible rights b+ their nature0 or b+ sti%ulation or b+ law.
a! Obligator+ force of contracts
b! Mutualit+ of contracts
c! Autono$+ of contracts
d! -elati,it+ of contracts
CE. /t is rule which holds that the freedo$ of the %arties to contract includes the freedo$ to
sti%ulate0 %ro,ided the sti%ulations are not contrar+ to law0 $orals0 good custo$s0 %ublic order or
%ublic %olic+.
a! Obligator+ force of contracts
b! Mutualit+ of contracts
c! Autono$+ of contracts
d! -elati,it+ of contracts
C8. The following are the wa+s b+ which inno$inate contracts are regulated0 e()e*t%
a! B+ the stipulation of the %arties.
b! B+ the general priniples of quasi-contracts and delicts
c! B+ the rules go,erning the $ost analogous no$inate contracts.
d! B+ the ustoms of the %lace.
CH. An offer beco$es ineffecti,e on an+ of the following grounds0 e()e*t:
a! 2eath0 ci,il interdiction0 insanit+Jinsol,enc+ of either %art+ before acce%tance is
con,e+ed.
b! Acce%tance of the offer b+ the offeree.
c! #ualifiedJconditional acce%tance of the offer0 which beco$es counter-offer.
d! *ub:ect $atter beco$es illegalJi$%ossible before acce%tance is co$$unicated.
E0. &hich of the following state$ents is )-..e)t9
a! Offers in interrelated contracts are %erfected u%on consent.
b! Offers in interrelated contracts require a single acce%tance.
c! Business advertisements are definite offers that require s%ecific acce%tance.
d! !dvertisements for Bidders are onl+ in,itations to $a.e %ro%osals and the ad,ertiser is
not bound to acce%t the highestJlowest bidder0 unless it a%%ears otherwise.
E1. The following are solemn ontrats "ontracts which $ust a%%ear in writing!0 e()e*t%
a! 2onations of real estate or of $o,ables if the ,alue e=ceeds 3 A0000.00.
b! *ti%ulation to %a+ interest in loans.
c! *ale of land through an agent authorit+ $ust be in writing!.
d! "onstruction contract of a building.
E2. The following are rescissible contracts0 e()e*t%
a! 'ntered into b+ guardian whene,er ward suffers da$age $ore than L of ,alue of
%ro%ert+.
b! Agreed u%on in re%resentation of absentees0 if absentee suffers lesion b+ $ore than L
of ,alue of %ro%ert+.
c! "ontracts where fraud is co$$itted on creditor accion %auliana!.
d! "ontracts entered into b+ $inors.
E?. The following are the requisites before a contract entered into in fraud of creditors $a+ be
rescinded0 e()e*t%
a! There $ust be credited e=isting %rior to the celebration of the contract.
b! There $ust be fraud0 or at least0 the intent to co$$it fraud to the %re:udice of the
creditor see.ing rescission.
c! The creditor cannot in an+ legal $anner collect his credit subsidiar+ character of
rescission!
d! The ob:ect of the contract $ust be legall+ in the %ossession of a ?
rd
%erson in good
faith.
E4. The following are the characteristics of a ,oidable contract0 e()e*t%
a! 'ffecti,e until set aside.
b! Ma+ be assailedJattac.ed onl+ in an action for that %ur%ose.
c! "an be confir$ed or ratified.
d! "an be assailed onl+ b+ either %art+.
EA. The following are ,oid contracts0 e()e*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 school0 its ad$inistrators and teachers0 or the indi,idual0 entit+ or
institution engaged in child care o,er the $inor child or da$age caused b+ the acts or o$issions
of the une$anci%ated $inor while under their su%er,ision0 instruction or custod+ shall be:
a! <oint and subsidiar+
b! 3rinci%al and solidar+
c! 3rinci%al and :oint
d! *ubsidiar+ and solidar+.
E8. The creditor has the right to the fruits of the thing fro$ the ti$e:
a! the thing is deli,ered.
b! the obligation to deli,er the things arises.
c! the contract is %erfected.
d! the fruits are deli,ered.
EH. /f one of the %arties to the contract is without :uridical ca%acit+0 the contract is:
a! ,oidable
b! rescissible
c! ,oid
d! unenforceable
80. &hen both %arties to the contract are $inors0 the contract is:
a! ,oidable
b! rescissible
c! ,oid
d! unenforceable
81. &hen the consent of one of the %arties was ,itiated0 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$in0 without the authorit+ of 3ascual 7acas0 owner of a car0 sold the sa$e car in
the na$e of Mr. 7acas to Att+. Bu.o. The contract between Att+. Bu.o and Mr. 7acas is ---
a! ,oid because of the absence of consent fro$ the owner0 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$e of Mr. 7acas0 the owner.
d! rescissible because the contract caused lesion to Att+. Bu.o.
8A. &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
is oral.
c! A donation of a wrist watch worth 3 40A00.00.
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$0 does not constitute fraud.
b! Iiolence or inti$idation does not render a contract annullable if e$%lo+ed not b+ a
contracting %art+ but b+ a third %erson.
c! A threat to enforce one>s clai$ through co$%etent authorit+0 if the clai$ is legal or
:ust0 does 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
was orall+ acce%ted. B+ agree$ent0 the land was to be deli,ered through e=ecution of a
notariGed 2eed of *ale! and the %rice was to be %aid e=actl+ one-$onth fro$ their oral
agree$ent. &hich state$ent is $ost accurate;
a! /f Aligada refuses to deli,er the land on the agreed date des%ite %a+$ent b+ Balane0 the
latter $a+ not successfull+ sue Aligada because the contract is oral.
b! /f Aligada refused to deli,er the land0 Balane $a+ successfull+ sue for fulfill$ent of
the obligation 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 sub:ect to ratification b+ the %arties.
88. &hich of the following state$ents is 7.-189
a! "reditors are %rotected in cases of contracts intended to defraud the$.
b! "ontracts ta.e effect onl+ between the %arties0 their assign and heirs0 e=ce%t in case
where the rights and obligations arising fro$ the contract are not trans$issible b+ their
nature0 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 %erson0 he $a+ de$and
its fulfill$ent %ro,ided he co$$unicated his acce%tance to the obligor before its
re,ocation.
d! /n contracts creating real rights0 third %ersons who co$e into %ossession of the ob:ect
of the contract are not bound thereb+.
8H. &hich %hrase $ost accuratel+ co$%letes the state$ent K An+ third %erson who induces
another to ,iolate his contract:
a! shall be liable for da$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 follows0 e()e*t%
a! 2eath of decedent
b! Trans$issible estate
c! '=istence and ca%acit+ of successor0 designated b+ decedent or law
d! 3a+$ent of Ta=es
H1. The characteristics of succession are as follows0 e()e*t%
a! /t is a legal contract.
b! Onl+ %ro%ert+0 rights and obligations to the e=tent of the ,alue of the inheritance are
trans$itted.
c! The trans$ission ta.es %lace onl+ at the ti$e of death.
d! The trans$ission ta.es %lace either b+ will or b+ o%eration of law.
H2. The following rights are e=tinguished b+ death0 e()e*t%
a! 7egal su%%ort
b! 3arental authorit+
c! -ight to inherit
d! Agenc+
H?. The attestation clause contains the following0 e()e*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 will0 e()e*t%
a! 'ntirel+ writtenF
b! 2atedF
c! *igned b+ testator himself
d! (otariGed b+ a notar+ %ublic.
HA. The following are the grounds for disallowance of wills0 e()e*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 $a.ing will.
c! The will was e=ecuted through force or under duress0 or influence of fear or threats.
d! The will contains an attestation clause.
HC. /t is the o$ission in the testator>s will of one0 so$e or all of the co$%ulsor+ heirs in direct
line0 whether 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
c! fideico$$issar+
d! dis%osicion ca%tatoria
HE. An+ dis%osition $ade u%on the condition that the heir shall $a.e so$e %ro,ision in his will
in fa,or of the testator or of an+ other %erson shall be ,oid. 4ere0 both the condition and the
dis%osition are ,oid. &hat %rinci%le is being referred to;
a! reser,a troncal
b! %reterition
c! fideico$$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
%erfected0 the thing which is the ob:ect 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 %erson0 for which he has %aid a consideration0 which
gi,es hi$ the right to bu+ certain $erchandise or s%ecified %ro%ert+0 fro$ another %erson0 at
an+ti$e within the agreed %eriod0 at a fi=ed %rice. &hat contract is being referred to;
a! O%tion "ontract
b! "ontract to *ell
c! "ontract of *ale
d! 7ease
100. &hich of the following contracts of sale is ,oid;
a! *ale of '6M>s car b+ 1-30 '6M>s agent0 whose authorit+ is not reduced into writing.
b! *ale of '6M>s %iece of land b+ 1-30 '6M>s agent0 whose authorit+ is not reduced
into writing.
c! *ale of '6M>s car b+ 1-30 a %erson stranger to '6M0 without '6M>s consent or
authorit+.
d! *ale of '6M>s %iece of land b+ 1-30 a %erson stranger to '6M0 without '6M>s
consent or authorit+.
5 NOTHIN# &OLLOWS 5
HAN$ IN !OUR ANSWER SHEET.
THERE IS NO NEE$ TO RETURN THIS QUESTIONNAIRE TO HEA$ WATCHER.
2012 BAR EXAMINATIONS
CIVIL LAW
14 October 2012 10 A.M.-12 ((.
Set B
ESSA! : T!PE QUESTIONS
INSTRUCTIONS
The following questionnaire consists of ten 10! questions nu$bered / to M! contained in @/I'
A! %ages.
Begin +our answer to each nu$bered question on a se%arate %ageF an answer to a sub-questionJs
under the sa$e nu$ber $a+ be written continuousl+ on the sa$e %age and succeeding %ages
until co$%leted.
Answer the question directl+ and concisel+. 2o not re%eat the question. &rite legibl+.
4A(2 /( )O5- (OT'BOO1. T4'-' /* (O (''2 TO -'T5-( T4/* #5'*T/O((A/-'
TO T4' 4'A2 &AT"4'-.
6OO2 75"1888
9999999999999999999999999999999999999
MARTIN S. VILLARAMA, JR.
Chairperson
2012 Bar Examinations Committee
PLEASE CHEC THAT THIS SET CONTAINS SIX (;) PA#ES (INCLU$IN# THIS
PA#E).
WARNIN#% NOT &OR SALE OR UNAUTHORI'E$ USE
CIVIL LAW
I
a! -oberto was in (i..o 4otel when he bu$%ed into a friend who was then on her wa+ to a
wedding rece%tion being held in said hotel. -oberto alleged that he was then in,ited b+ his friend
to :oin her at the wedding rece%tion and carried the bas.et full of fruits which she was bringing
to the affair. At the rece%tion0 the wedding coordinator of the hotel noticed hi$ and as.ed hi$0
allegedl+ in a loud ,oice0 to lea,e as he was not in the guest list. 4e retorted that he had been
in,ited to the affair b+ his friend0 who howe,er denied doing so. 2ee%l+ e$barrassed b+ the
incident0 -oberto then sued the hotel for da$ages under Articles 1H and 21 of the "i,il "ode.
&ill -oberto>s action %ros%er; '=%lain. AN!
b! -ic.+ donated 3 1 Million to the unborn child of his %regnant girlfriend0 which she acce%ted.
After si= C! $onths of %regnanc+0 the fetus was born and ba%tiGed as Angela. 4owe,er0 Angela
died 20 hours after birth. -ic.+ sought to reco,er the 3 1 Million. /s -ic.+ entitled to reco,er;
'=%lain. AN!
II
a! 7iwa+wa+ IinGons-"hato was then the "o$$issioner of /nternal -e,enue while @ortune
Tobacco "or%oration is an entit+ engaged in the $anufacture of different brands of cigarettes0
a$ong which are O"ha$%ion0O O4o%e0O and OMoreO cigarettes.
@ortune filed a co$%laint against IinGons-"hato to reco,er da$ages for the alleged ,iolation of
its constitutional rights arising fro$ IinGons-"hato>s issuance of -e,enue Me$orandu$
"ircular (o. ?E-H?4 which re-classified @ortune cigarettes as locall+ $anufactured with foreign
brands and thereb+ i$%osed higher ta=es!0 which the *u%re$e "ourt later declared in,alid.
IinGons-"hato filed a Motion to 2is$iss arguing that she cannot be held liable for da$ages for
acts she %erfor$ed while in the discharge of her duties as B/- "o$$issioner. /s she correct;
'=%lain. AN!
b! The %etitioner filed a %etition for declaration of nullit+ of $arriage based allegedl+ on the
%s+chological inca%acit+ of the res%ondent0 but the %s+chologist was not able to %ersonall+
e=a$ine the res%ondent and the %s+chological re%ort was based onl+ on the narration of
%etitioner. *hould the annul$ent be granted; '=%lain. AN!
III
a! Maria0 wife of 3edro0 withdrew 3 A Million fro$ their con:ugal funds. &ith this $one+0 she
constructed a building on a lot which she inherited fro$ her father. /s the building con:ugal or
%ara%hernal; -easons. AN!
b! "i%riano and 7ad+ Miros $arried each other. 7ad+ Miros then left for the 5* and there0 she
obtained A$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. 4e then filed a %etition for
authorit+ to re$arr+0 in,o.ing 3ar. 20 Art. 2C of the @a$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. AN!
IV
a! After the+ got $arried0 (i..i disco,ered that "hristian was ha,ing an affair with another
wo$an. But (i..i decided to gi,e it a tr+ and li,ed with hi$ for two 2! +ears. After two 2!
+ears0 (i..i filed an action for legal se%aration on the ground of "hristian>s se=ual infidelit+.
&ill the action %ros%er; '=%lain. AN!
b! 4onorato filed a %etition to ado%t his $inor illegiti$ate child *te%hanie0 alleging that
*te%hanie>s $other is 6e$$a Astorga 6arciaF that *te%hanie has been using her $other>s $iddle
na$e and surna$eF and that he is now a widower and qualified to be her ado%ting %arent. 4e
%ra+ed that *te%hanie>s $iddle na$e be changed fro$ OAstorgaO to O6arcia0O which is her
$other>s surna$e and that her surna$e O6arciaO be changed to O"atindig0O which is his surna$e.
This the trial court denied. &as the trial court correct in den+ing 4ororato>s request for
*te%hanie>s use of her $other>s surna$e as her $iddle na$e; '=%lain. AN!
V
a! *%ouses 3ri$o and Monina 7i$0 childless0 were entrusted with the custod+ of two 2! $inor
children0 the %arents of who$ were un.nown. 'ager of ha,ing children of their own0 the s%ouses
$ade it a%%ear that the+ were the children>s %arents b+ na$ing the$ Michelle 3. 7i$ and
Michael <ude 7i$. *ubsequentl+0 Monina $arried Angel Olario after 3ri$o>s death.
*he decided to ado%t the children b+ a,ailing the a$nest+ gi,en under -.A. 8AA2 to those
indi,iduals who si$ulated the birth of a child. *he filed se%arate %etitions for the ado%tion of
Michelle0 then 2A +ears old and Michael0 18. Both Michelle and Michael ga,e consent to the
ado%tion.
The trial court dis$issed the %etition and ruled that Monina should ha,e filed the %etition :ointl+
with her new husband. Monina0 in a Motion for -econsideration argues that $ere consent of her
husband would suffice and that :oint ado%tion is not needed0 for the ado%tees are alread+
e$anci%ated.
/s the trial court correct in dis$issing the %etitions for ado%tion; '=%lain. AN!
b! <a$brich0 an Austrian0 fell in-lo,e and li,ed together with 2escallar and bought their houses
and lots at Agro-Macro *ubdi,ision. /n the "ontracts to *ell0 <a$brich and 2escallar were
referred to as the bu+ers. &hen the 2eed of Absolute *ale was %resented for registration before
the -egister of 2eeds0 it was refused because <a$brich was an alien and could not acquire
alienable lands of the %ublic do$ain. After <a$brich and 2escallar se%arated0 <a$brich
%urchased an engine and so$e accessories for his boat fro$ Borro$eo. To %a+ for his debt0 he
sold his rights and interests in the Agro-Macro %ro%erties to Borro$eo.
Borro$eo disco,ered that titles to the three ?! lots ha,e been transfereed in the na$e of
2escallar. &ho is the rightful owner of the %ro%erties; '=%lain. AN!
VI
a! *iga-an granted a loan to Iillanue,a in the a$ount of 3 A400 000.00. *uch agree$ent was not
reduced to writing. *iga-an de$anded interest which was %aid b+ Iillanue,a in cash and chec.s.
The total a$ount Iillanue,a %aid accu$ulated to 3 10 2000 000.00. 5%on ad,ice of her law+er0
Iillanue,a de$anded for the return of the e=cess a$ount of 3 CC00 000.00 which was ignored b+
*iga-an.
1! /s the %a+$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 the
financial ca%ital0 she ad,anced for her e$%lo+ees "biyaheros#. *he required the$ to surrender
T"T of their %ro%erties and to e=ecute the corres%onding 2eeds of *ale in her fa,or. 2o$eng
Bandong was not required to %ost an+ securit+ but when 'ulalia disco,ered that he incurred
shortage in cattle %rocure$ent o%eration0 he was required to e=ecute a 2eed of *ale o,er a %arcel
of land in fa,or of 'ulalia. *he sold the %ro%ert+ to her grandneice <ocel+n who thereafter
instituted an action for e:ect$ent against the *%ouses Bandong.
To assert their right0 *%ouses Bandong filed an action for annul$ent of sale against 'ulalia and
<ocel+n alleging that there was no sale intended but onl+ equitable $ortgage for the %ur%ose of
securing the shortage incurred b+ 2o$eng in the a$ount of 3 E00 000.00 while e$%lo+ed as
ObiyaheroO b+ 'ulalia. &as the 2eed of *ale between 2o$eng and 'ulalia a contract of sale or
an equitable $ortgage; '=%lain. AN!
VII
a! (ati,idad>s hologra%hic will0 which had onl+ one 1! substantial %ro,ision0 as first written0
na$ed -osa as her sole heir. 4owe,er0 when 6regorio %resented it for %robate0 it alread+
contained an alteration0 na$ing 6regorio0 instead of -osa0 as sole heir0 but without
authentication b+ (ati,idad>s signature. -osa o%%oses the %robate alleging such lac. of %ro%er
authentication. *he clai$s that the unaltered for$ of the will should be gi,en effect. &hose
clai$ should be granted; '=%lain. AN!
b! <ohn *agun and Maria "arla "a$ua0 British citiGens at birth0 acquired 3hili%%ine citiGenshi%
b+ naturaliGation after their $arriage. 2uring their $arriage0 the cou%le acquired substantial
landholdings in 7ondon and in Ma.ati. Maria begot three ?! children0 <orge0 7uisito0 and <oshur.
/n one of their tri%s to 7ondon0 the cou%le e=ecuted a :oint will a%%ointing each other as their
heirs and %ro,iding that u%on the death of the sur,i,or between the$0 the entire estate would go
to <orge and 7uisito onl+ but the two 2! could not dis%ose of nor di,ide the 7ondon estate as
long as the+ li,e. <ohn and Maria died tragicall+ in the 7ondon subwa+ terrorist attac. in 200A.
<orge and 7uisito filed a %etition for %robate of their %arents> will before a Ma.ati -egional Trial
"ourt. <oshur ,ehe$entl+ ob:ected because he was %reterited.
1! *hould the will be ad$itted to %robate; '=%lain. 2N!
2! Are the testa$entar+ dis%ositions ,alid; '=%lain. 2N!
?! /s the testa$entar+ %rohibition against the di,ision of the 7ondon estate ,alid;
'=%lain. 1N!
VIII
a! -ic.+ and Arlene are $arried. The+ begot @ranco during their $arriage. @ranco had an illicit
relationshi% with Audre+ and out of which0 the+ begot Arnel. @rnaco %redeceased -ic.+0 Arlene
and Arnel. Before -ic.+ died0 he e=ecuted a will which when sub$itted to %robate was o%%osed
b+ Arnel on the ground that he should be gi,en the share of his father0 @ranco. /s the o%%osition
of Arnel correct; &h+; AN!
b! 4ow can -<3 distribute his estate b+ will0 if his heirs are <"30 his wifeF 4B- and -I"0 his
%arentsF and an illegiti$ate child0 *6O;
IX
a! 2oes the right to request for the issuance of a writ of %ossession o,er a foreclosed real
%ro%ert+ %rescribe in fi,e A! +ears; AN!
b! A %etition for declaration of nullit+ of a ,oid $arriage can onl+ be filed b+ either the husband
or the wife; 2o +ou agree; '=%lain +our answer. AN!
X
a! A contract to sell is the sa$e as a conditional contract of sale. 2o +ou agree; '=%lain +our
answer. AN!
b! A %artner cannot de$and the return of his share contribution! during the e=istence of a
%artnershi%. 2o +ou agree; '=%lain +our answer. AN!
5 NOTHIN# &OLLOWS 5
HAN$ IN !OUR ANSWER SHEET.
THERE IS NO NEE$ TO RETURN THIS QUESTIONNAIRE TO HEA$ WATCHER.