2006 BAR EXAMINATION IN CIVIL LAW
BAR EXAMINATION 2006
CIVIL LAW
10 September 2006
8 A.M. - 12 Noon
INSTRUCTIONS
This questionnaire consists
of
sixteen (16) numbers contained in ten (10) pages. Read each question
very carefully. Answer legibly, clearly, and concisely. Start each
number on a separate page; an answer to a sub-question under the same
number may be written continuously on the same page and immediately
succeeding pages until completed. Do not repeat the question. A mere
"Yes" or "No" answer without any corresponding discussion will not be
given any credit.
HAND IN YOUR NOTEBOOK WITH
THIS QUESTIONNAIRE
GOOD LUCK!!!
(Sgd.) ANGELINA S. GUTIERREZ
Chairperson
2006 Bar
Examination Committee
PLEASE CHECK THE NUMBER OF PAGES IN
THIS SET
WARNING: NOT FOR
SALE OR UNAUTHORIZED USE
CIVIL LAW
- I -
Under Article 213 of the
Family
Code, no child under 7 years of age shall be separated from the mother
unless the court finds compelling reasons to order otherwise.
1.
Explain the rationale of
this provision. 2.5%
2. Give at least 3 examples of
"compelling reasons" which justify the taking away from the mother's
custody of her child under 7 years of age. 2.5%
- II -
Saul, a married man, had an
adulterous relation with Tessie. In one of the trysts, Saul's wife,
Cecile, caught them in flagrante. Armed with a gun, Cecile shot Saul in
a fit of extreme jealousy, nearly kiiling him. Four ( 4) years after
the incident, Saul filed an action for legal separation against Cecile
on the ground that she attempted to kill him.
1.
If you were Saul's counsel,
how will you argue his case? 2.5%
2.
If you were the lawyer of
Cecile, what will be your defense? 2.5%
3.
If you were the judge, how
will you decide the case? 5%
- III -
Ed and Beth have been
married for
20 years without children. Desirous to have a baby, they consulted Dr.
Jun Canlas, a prominent medical specialist on human fertility .He
advised Beth to undergo artificial insemination. It was found that Ed's
sperm count was inadequate to induce pregnancy. Hence, the couple
looked for a willing donor. Andy, the brother of Ed, readily consented
to donate his sperm. After a series of tests, Andy's sperm was
medically introduced into Beth's ovary .She became pregnant and 9
months later, gave birth to a baby boy, named Alvin.
1.
Who is the father of Alvin?
Explain. 2.5%
2. What are the requirements, if any, in
order for Ed to establish his paternity over Alvin. 2.5%
- IV -
Gigi and Ric, Catholics, got
married when they were 18 years old. Their marriage was solemnized on
August 2, 1989 by Ric's uncle, a Baptist Minister, in Calamba, Laguna.
He overlooked the fact that his license to solemnize marriage expired
the month before and that the parties do not belong to his
congregation. After 5 years of married life and blessed with 2
children, the spouses developed irreconcilable differences, so they
parted ways.
While separated, Ric fell in
love
with Juliet, a 16 year-old sophomore in a local college and a
seventh-Day Adventist. They decided to get married with the consent of
Juliet's parents. She presented to him a birth certificate showing she
is 18 years old. Ric never doubted her age much less the authenticity
of her birth certificate. They got married in a Catholic church in
Manila. A year after, Juliet gave birth to twins, Aissa and Aretha.
1. What is the status of the marriage
between Gigi and Ric - valid, voidable or void? Explain. 2.5 %
2. What is the status of the marriage
between Ric and Juliet - valid, voidable or void? Explain. 2..5%
3. Suppose
Ric himself procured
the falsified birth certificate to persuade Juliet to marry him despite
her minority and assured her that everything is in order. He did not
divulge to her his prior marriage with Gigi. What action, if any, can
Juliet take against him? Explain. 2.5%
4. If
you were the counsel for Gigi, what action/s will you take to enforce
and protect her interests? Explain. 2.5%
- V -
Spouses Biong and Linda
wanted to
sell' their house. They found a prospective buyer, Ray. Linda
negotiated with Ray for the sale of the property. They agreed on a fair
price of P2 Million. Ray sent Linda .a letter confirming his intention
to buy the property. Later, another couple, Bernie and Elena, offered a
similar house at a lower price of Pl.5 Million. But Ray insisted on
buying the house of Biong and Linda for sentimental reason. Ray
prepared a deed of sale to be signed by the couple and a manager's
check for P2 Million. After receiving the P2 Million, Biong signed the
deed of sale. However, Linda was not able to sign it because she was
abroad. On her return, she refused to sign the document saying she
changed her mind. Linda filed suit for nullification of the deed of
sale and for moral and exemplary damages against Ray.
1. Will the suit prosper? Explain. 2.5%
2. Does Ray have any cause of action
against Biong and Linda? Can he also recover damages from the spouses?
Explain. 2.5%
- VI -
Gemma filed a petition for
the
declaration of nullity of her marriage with Arnell on the ground of
psychological incapacity .She alleged that after 2 months of their
marriage, Arnell showed signs of disinterest in her, neglected her and
went abroad. He returned to the Philippines after 3 years but did not
even get in touch with her. Worse, they met several times in social
functions but he snubbed her. When she got sick, he did not visit her
even if he knew of her confinement in the hospital. Meanwhile, Arnell
met an accident which disabled him from reporting for work and earning
a living to support himself.
Will Gemma's suit prosper?
Explain. 5%
- VII -
Marvin, a Filipino, and
Shelley,
an American, both residents of California, decided to get married in
their local parish. Two years after their marriage, Shelley obtained a
divorce in California. While in Boracay, Marvin met Manel, a Filipina,
who was vacationing there. Marvin fell in love with her. After a brief,
courtship and complying with all the requirements, they got married in
Hongkong to avoid publicity, it being Marvin's second marriage. Is his
marriage to Manel valid? Explain. 5%
- VIII -
Alberto and Janine migrated
to the
United States of America, leaving behind their 4 children, one of whom
is Manny. They own a duplex apartment and allowed Manny to live In one
of the units. While in the United States, Alberta died. His widow and
all his children executed an Extrajudicial Settlement of Alberto's
estate wherein the 2-door apartment was assigned by all the children to
their mother, Janine. Subsequently, she sold the property to George.
The latter required Manny to sign a prepared Lease Contract so that he
and his family could continue occupying the unit. Manny refused to sign
the contract alleging that his parents allowed him and his family to
continue occupying the premises.
If you were George's
counsel, what legal steps will you take? Explain. 5%
- IX -
A drug lord and his family
reside
in a small bungalow where they sell shabu and other prohibited drugs.
When the police found the illegal trade, they immediately demolished
the house because according to them, it was a nuisance per se that
should be abated. Can this demolition be sustained? Explain. 5%
- X -
Don died after executing a
Last
Will and Testament leaving his estate valued at P12 Million to his
common-Iaw wife Roshelle. He is survived by his brother Ronie and his
half-sister Michelle.
1. Was Don's testamentary
disposition of his estate in accordance with the law on succession?
Whether you agree or not, explain your answer. 2.5%
2. If Don failed to execute a will during
his lifetime, as his lawyer, how will you distribute his estate?
Explain. 2.5%
3. Assuming he died intestate
survived by his brother Ronie, his half-sister Michelle, and his
legitimate son Jayson, how will you. distribute his estate? Explain.
2.5%
4. Assuming
further he died
intestate, survived by his father Juan, his brother Ronie, his
half-sister Michelle, and his legitimate son Jayson, how will you
distribute his estate? Explain. 2.5%
- XI -
Spouses Alfredo and Racquel
were
active members of a religious congregation. They donated a parcel of
land in favor to that congregation in a duly notarized Deed of
Donation, subject to the condition that the Minister shall construct
thereon a place of worship within 1 year from the acceptance of the
donation. In an affidavit he executed in behalf of the congregation,
the Minister accepted the donation. The Deed of Donation was not
registered with the Registry of Deeds.
However, instead of
constructing a
place of worship, the Minister constructed a bungalow on the property
he used as his residence. Disappointed with the Minister, the spouses
revoked the donation and demanded that he vacate the premises
immediately. But the Minister refused to leave, claiming that aside
from using the bungalow as his residence, he is also using it as a
place of worship on special occasions. Under the circumstances, can
Alfredo and Racquel evict the Minister and recover possession of the
property?
If you were the couple's
counsel, what action will you take to protect the interests of your
clients? 5%
- XII -
Tony bought a Ford
Expedition from
a car dealer in Muntinlupa City. As payment, Tony issued a check drawn
against his current account with Premium Bank. Since he has a good
reputation the car dealer allowed him to immediately drive home the
vehicle merely on his assurance that his check is sufficiently funded.
When the car dealer deposited the check, it was dishonored on the
ground of "Account Closed". After an investigation, it was found that
an employee of the bank misplaced Tony's account ledger. Thus, the bank
erroneously assumed that his account no longer exists. Later, it turned
out that Tony's account has more than sufficient funds to cover the
check. The dealer however, immediately filed an action for recovery of
possession of the vehicle against Tony for which he was terribly
humiliated and embarrassed. Does Tony have a cause of action against
Premium Bank? Explain. 5%
- XIII -
Arturo sold his Pajero to
Benjamin
for P1 Million. Benjamin took the vehicle but did not register the sale
with the Land Transportation Office. He allowed his son Carlos, a minor
who did not have a driver's license, to drive the car to buy pan de sal
in a bakery .On the way, Carlos, driving in a reckless manner,
sideswiped Dennis, then riding a bicycle. As a result, he suffered
serious physical injuries. Dennis filed a criminal complaint against
Carlos for reckless imprudence resulting in serious physical injuries.
1.
Can Dennis file an
independent civil action against Carlos and his father Benjamin for
damages based on quasi-delict? Explain. 2.5%
2.
Assuming Dennis' action is
tenable, can Benjamin raise the defense he is not liable because the
vehicle is not registered in his name? Explain. 2.5%
- XIV -
Zirxthoussous delos Santos
filed a
petition for change of name with the Office of the Civil Registrar of
Mandaluyong City under the administrative proceeding provided in
Republic Act No.9048. He alleged that his first name sounds ridiculous
and is extremely difficult to spell and pronounce. After complying with
the requirements of the law, the Civil Registrar granted his petition
and changed his first name Zirxthoussous to "Jesus." His full name now
reads "Jesus delos santos."
Jesus delos santos moved to
General santos City to work in a multi-national company. There, he fell
in love and married Mary Grace delos santos. She requested him to have
his first name changed because his new name "Jesus delos santos" is the
same as that of her father who abandoned her family and became a
notorious drug lord. She wanted to forget him. Hence, Jesus filed
another petition with the Office of the Local Civil Registrar to change
his first name to "Roberto." He claimed that the change is warranted
because it will eradicate all vestiges of the infamy of Mary Grace's
father.
Will the petition for change
of
name of Jesus delos Santos to Roberto delos santos under Republic Act
No.9048 prosper? Explain. 10%
- XV -
1. What entries in the Civil Registry may
be changed or corrected without a judicial order? 2.5%
2. Mayan illegitimate child,
upon adoption by her natural father, use the surname of her natural
mother as her middle name? 2.5%
- XVI -
1. Under Article 2219 of the
Civil Code, moral damages may be recovered in the cases specified
therein, several of which are enumerated below.
Choose the case wherein you cannot recover moral damages. Explain. 2.5%
1. A criminal offense
resulting in physical injuries
2. Quasi-delicts
causing physical injuries
3. Immorality or
dishonesty
4. Illegal search
5. Malicious prosecution
2. Article
36 of the Family
Code provides that a marriage contracted by any party who, at the time
of the celebration, was psychologically incapacitated to comply with
the essential marital obligations of marriage, shall be void.
Choose the spouse listed below who is psychologically incapacitated.
Explain. 2.5%
1. Nagger
2. Gay or lesbian
3. Congenital sexual
pervert
4. Gambler
5. Alcoholic
NOTHING FOLLOWS.
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