2005 BAR EXAMINATION IN
CIVIL LAW
BAR EXAMINATIONS 2005
CIVIL LAW
11 September 2005 8 A.M. — 12 Noon
INSTRUCTIONS
This questionnaire consists of sixteen (16) numbers contained in nine
(9) 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 and immediately succeeding pages until completed. Do not repeat
the question.
HAND IN YOUR NOTEBOOK WITH THIS
QUESTIONNAIRE GOOD LUCK!!!
(Sgd.) Romeo J. Callejo, Sr.
Chairman
2005 Bar Examination Committee
PLEASE CHECK THE NUMBER OF PAGES IN
THIS SET WARNING: NOT FOR SALE OR UNAUTHORIZED USE
CIVIL LAW
- I -
Gabby and Mila got married at Lourdes Church in Quezon City on July 10,
1990. Prior thereto, they executed a marriage settlement whereby they
agreed on the regime of conjugal partnership of gains. The marriage
settlement was registered in the Register of Deeds of Manila, where
Mila is a resident. In 1992, they jointly acquired a residential house
and lot, as well as a condominium unit in Makati. In 1995, they decided
to change their property relations to the regime of complete separation
of property. Mila consented, as she was then engaged in a lucrative
business. The spouses then signed a private document dissolving their
conjugal partnership and agreeing on a complete separation of property.
Thereafter, Gabby acquired a mansion in Baguio City, and a 5-hectare
agricultural land in Oriental Mindoro, which he registered exclusively
in his name.
In the year 2000, Mila’s business venture failed, and her creditors
sued her for P10,000,000.00. After obtaining a favorable judgment, the
creditors sought to execute on the spouses’ house and lot and
condominium unit, as well as Gabby’s mansion and agricultural land.
a) Discuss the status of the first and
the amended marriage settlements. (2%)
b) Discuss the effect/s of the said
settlements on the properties acquired by the spouses. (2%)
c) What properties may be held
answerable for Mila’s obligations? Explain. (2%)
- II -
In 1985, Sonny and Lulu, both Filipino citizens, were married in the
Philippines. In 1987, they separated, and Sonny went to Canada, where
he obtained a divorce in the same year. He then married another
Filipina, Auring, in Canada on January 1, 1988. They had two sons,
James and John. In 1990, after failing to hear from Sonny, Lulu married
Tirso, by whom she had a daughter, Verna. In 1991, Sonny visited the
Philippines where he succumbed to heart attack.
a) Discuss the effect of the divorce
obtained by Sonny and Lulu in Canada. (2%)
b) Explain the status of the marriage
between Sonny and Auring. (2%)
c) Explain the status of the marriage
between Lulu and Tirso. (2%)
d) Explain the respective filiation of
James, John and Verna. (2%)
e) Who are the heirs of Sonny? Explain.
(2%)
- III -
Emil, the testator, has three legitimate children, Tom, Henry and
Warlito; a wife named Adette; parents named Pepe and Pilar; an
illegitimate child, Ramon; brother, Mark; and a sister, Nanette. Since
his wife Adette is well-off, he wants to leave to his illegitimate
child as much of his estate as he can legally do. His estate has a net
amount of P1,200,000.00, and all the above-named relatives are still
living. Emil now comes to you for advice in making a will.
How will you distribute his estate according to his wishes without
violating the law on testamentary succession? (5%)
- IV -
Steve was married to Linda, with whom he had a daughter, Tintin. Steve
fathered a son with Dina, his secretary of 20 years, whom Dina named
Joey, born on September 20, 1981. Joey’s birth certificate did not
indicate the father’s name. Steve died on August 13, 1993, while Linda
died on December 3, 1993, leaving their legitimate daughter, Tintin, as
sole heir. On May 16, 1994, Dina filed a case on behalf of Joey,
praying that the latter be declared an acknowledged illegitimate son of
Steve and that Joey be given his share in Steve’s estate, which is now
being solely held by Tintin. Tintin put up the defense that an action
for recognition shall only be filed during the lifetime of the presumed
parents and that the exceptions under Article 285 of the Civil Code do
not apply to him since the said article has been repealed by the Family
Code. In any case, according to Tintin, Joey’s birth certificate does
not show that Steve is his father.
a) Does Joey have a cause of action
against Tintin for recognition and partition? Explain. (2%)
b) Are the defenses set up by Tintin
tenable? Explain. (2%)
c) Supposing that Joey died during the
pendency of the action, should the action be dismissed? Explain. (2%)
- V -
In 1984, Eva, a Filipina, went to work as a nurse in the USA. There,
she met and fell in love with Paul, an American citizen, and they got
married in 1985. Eva acquired American citizenship in 1987. During
their sojourn in the Philippines in 1990, they filed a joint petition
for the adoption of Vicky, a 7-year old daughter of Eva’s sister. The
government, through the Office of the Solicitor General, opposed the
petition on the ground that the petitioners, being both foreigners, are
disqualified to adopt Vicky.
a) Is the government’s opposition
tenable? Explain. (2%)
b) Would your answer be the same if
they sought to adopt Eva’s illegitimate daughter? Explain. (2%)
c) Supposing that they filed the
petition to adopt Vicky in the year 2000, will your answer be the same?
Explain. (2%)
- VI -
Hans Herber, a German national, and his Filipino wife, Rhoda, are
permanent residents of Canada. They desire so much to adopt Magno, an
8-year old orphaned boy and a baptismal godson of Rhoda. Since the
accidental death of Magno’s parents in 2004, he has been staying with
his aunt who, however, could hardly afford to feed her own family.
Unfortunately, Hans and Rhoda cannot come to the Philippines to adopt
Magno although they possess all the qualifications as adoptive parents.
Is there a possibility for them to adopt Magno?
How should they go about it? (5%)
- VII -
Don was the owner of an agricultural land with no access to a public
road. He had been passing through the land of Ernie with the latter’s
acquiescence for over 20 years. Subsequently, Don subdivided his
property into 20 residential lots and sold them to different persons.
Ernie blocked the pathway and refused to let the buyers pass through
his land.
a) Did Don acquire an easement of right of way? Explain. (2%)
b) Could Ernie close the pathway and refuse to let the buyers pass?
Give reasons. (2%)
c) What are the rights of the lot buyers, if any? Explain. (2%)
- VIII -
State with reason whether each of the following is a nuisance, and if
so, give its classification, whether public or private:cralaw:red
a) A squatter’s hut (1%)
b) A swimming pool (1%)
c) A house of prostitution (1%)
d) A noisy or dangerous factory in a
private land (1%)
e) Uncollected garbage (1%)
- IX -
Marvin offered to construct the house of Carlos for a very reasonable
price of P900,000.00, giving the latter 10 days within which to accept
or reject the offer. On the fifth day, before Carlos could make up his
mind, Marvin withdrew his offer.
a) What is the effect of the withdrawal of Marvin’s offer? (2%)
b) Will your answer be the same if Carlos paid Marvin P10,000.00 as
consideration for that option? Explain. (2%)
c) Supposing that Carlos accepted the offer before Marvin could
communicate his withdrawal thereof?
Discuss the legal consequences. (2%)
- X -
Bernie bought on installment a residential subdivision lot from
DEVLAND. After having faithfully paid the installments for 48 months,
Bernie discovered that DEVLAND had failed to develop the subdivision in
accordance with the approved plans and specifications within the time
frame in the plan. He thus wrote a letter to DEVLAND informing it that
he was stopping payment. Consequently, DEVLAND cancelled the sale and
wrote Bernie, informing him that his payments are forfeited in its
favor.
a) Was the action of DEVLAND proper?
Explain. (2%)
b) Discuss the rights of Bernie under
the circumstances. (2%)
c)
Supposing DEVLAND had fully developed the subdivision but Bernie failed
to pay further installments after 4 years due to business reverses.
Discuss the rights and obligations of the parties. (2%)
- XI -
Before he left for Riyadh to work as a mechanic, Pedro left his
Adventure van with Tito, with the understanding that the latter could
use it for one year for his personal or family use while Pedro works in
Riyadh. He did not tell Tito that the brakes of the van were faulty.
Tito had the van tuned up and the brakes repaired. He spent a total
amount of P15,000.00. After using the vehicle for two weeks, Tito
discovered that it consumed too much fuel. To make up for the expenses,
he leased it to Annabelle. Two months later, Pedro returned to the
Philippines and asked Tito to return the van. Unfortunately, while
being driven by Tito, the van was accidentally damaged by a cargo truck
without his fault.
a) Who shall bear the P15,000.00 spent
for the repair of the van? Explain. (2%)
b) Who shall bear the costs for the
van’s fuel, oil and other materials while it was with Tito? Explain.
(2%)
c) Does Pedro have the right to
retrieve the van even before the lapse of one year? Explain. (2%)
d)
Who shall bear the expenses for the accidental damage caused by the
cargo truck, granting that the truck driver and truck owner are
insolvent? Explain. (2%)
- XII -
On July 14, 2004, Pedro executed in favor of Juan a Deed of Absolute
Sale over a parcel of land covered by TCT No. 6245. It appears in the
Deed of Sale that Pedro received from Juan P120,000.00 as purchase
price. However, Pedro retained the owner’s duplicate of said title.
Thereafter, Juan, as lessor, and Pedro, as lessee, executed a contract
of lease over the property for a period of one (1) year with a monthly
rental of P1,000.00. Pedro, as lessee, was also obligated to pay the
realty taxes on the property during the period of lease.
Subsequently, Pedro filed a complaint against Juan for the reformation
of the Deed of Absolute Sale, alleging that the transaction covered by
the deed was an equitable mortgage. In his verified answer to the
complaint, Juan alleged that the property was sold to him under the
Deed of Absolute Sale, and interposed counterclaims to recover
possession of the property and to compel Pedro to turn over to him the
owner’s duplicate of title.
Resolve the case with reasons. (6%)
- XIII -
Rod, the owner of an FX taxi, found in his vehicle an envelope
containing TCT No. 65432 over a lot registered in Cesar’s name. Posing
as Cesar, Rod forged Cesar’s signature on a Deed of Sale in Rod’s
favor. Rod registered the said document with the Register of Deeds, and
obtained a new title in his name. After a year, he sold the lot to Don,
a buyer in good faith and for value, who also registered the lot in his
name.
a) Did Rod acquire title to the land?
Explain. (2%)
b) Discuss the rights of Don, if any,
over the property. (2%)
c)
In an ejectment case filed by Don against Cesar, can the latter ask for
the cancellation of Don’s title considering that he (Cesar) is the
rightful owner of the lot? Explain. (2%)
- XIV -
Under a written contract dated December 1, 1989, Victor leased his land
to Joel for a period of five (5) years at a monthly rental of
P1,000.00, to be increased to P1,200.00 and P1,500.00 on the third and
fifth year, respectively. On January 1, 1991, Joel subleased the land
to Conrad for a period of two (2) years at a monthly rental of
P1,500.00. On December 31, 1992, Joel assigned the lease to his
compadre, Ernie, who acted on the belief that Joel was the rightful
owner and possessor of the said lot. Joel has been faithfully paying
the stipulated rentals to Victor. When Victor learned on May 15, 1992
about the sublease and assignment, he sued Joel, Conrad and Ernie for
rescission of the contract of lease and for damages.
a) Will the action prosper? If so,
against whom? Explain. (2%)
b) In case of rescission, discuss the
rights and obligations of the parties. (2%)
- XV -
Under the law on quasi-delict, aside from the persons who caused injury
to persons, who else are liable under the following circumstances:cralaw:red
a) When a 7-year-old boy injures his
playmate while playing with his father’s rifle. Explain. (2%)
b)
When a domestic helper, while haggling for a lower price with a fish
vendor in the course of buying foodstuffs for her employer’s family,
slaps the fish vendor, causing her to fall and sustain injuries.
Explain. (2%)
c) A carpenter in a construction
company accidentally hits the right foot of his co-worker with a
hammer. Explain. (2%)
d)
A 15-year-old high school student stabs his classmate who is his rival
for a girl while they were going out of the classroom after their last
class. Explain. (2%)
e) What defense, if any, is available
to them? (2%)
- XVI -
Dr. and Mrs. Almeda are prominent citizens of the country and are
frequent travelers abroad. In 1996, they booked round-trip business
class tickets for the Manila-Hong Kong-Manila route of the Pinoy
Airlines, where they are holders of Gold Mabalos Class Frequent Flier
cards. On their return flight, Pinoy Airlines upgraded their tickets to
first class without their consent and, inspite of their protestations
to be allowed to remain in the business class so that they could be
with their friends, they were told that the business class was already
fully booked, and that they were given priority in upgrading because
they are elite members/holders of Gold Mabalos Class cards. Since they
were embarrassed at the discussions with the flight attendants, they
were forced to take the flight at the first class section apart from
their friends who were in the business class. Upon their return to
Manila, they demanded a written apology from Pinoy Airlines. When it
went unheeded, the couple sued Pinoy Airlines for breach of contract
claiming moral and exemplary damages, as well as attorney’s fees.
Will the action prosper? Give reasons. (5%)
NOTHING FOLLOWS.
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