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Civil Law Mock Bar Examinations 2015 FEU CBO Page 1 of 10

Far Eastern University


Institute of Law
Manila

2015 MOCK BAR


EXAMINATIONS
CIVIL LAW
September 23, 2015 8:00 AM 12:00 NN

INSTRUCTIONS
1. This Questionnaire contains TEN (10) pages including these Instructions pages.
Check the number of pages and the page numbers at the upper right hand corner of
each page of this Questionnaire and make sure it has the correct number of pages
and their proper numbers.

There are THIRTY (30) Essay Questions to be answered within four (4) hours.

2. Read each question very carefully and write your answers in your Bar Examination
Notebook in the same order the questions are posed. Write your answers only on the
front, not the back, page of every sheet in your Notebook. Note well the allocated
percentage points for each number, question, or sub-question. In your answers, use
the numbering system in the questionnaire.

If the sheets provided in your Examination Notebook are not sufficient for your
answers, use the back page of every sheet of your Examination Notebook, starting at
the back page of the first sheet and the back of the succeeding sheets thereafter.

3. Answer the Essay questions 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 the immediately succeeding pages until
completed.

Your answer should demonstrate your ability to analyze the facts presented by the
question, to select the material from the immaterial facts, and to discern the points
upon which the question turns. It should show your knowledge and understanding
of the pertinent principles and theories of law involved and their qualifications and
limitations. It should demonstrate your ability to apply the law to the given facts,
and to reason logically in a lawyer- like manner to a sound conclusion from the
given premises.

A mere Yes or No answer without any corresponding explanation or discussion


will not be given any credit. Thus, always briefly but fully explain your answers
although the question does not expressly ask for an explanation. At the same time,
remember that a complete explanation does not require that you volunteer
information or discuss legal doctrines that are not necessary or pertinent to the
solution to the problem. You do not need to re-write or repeat the question in your
Notebook.
Civil Law Mock Bar Examinations 2015 FEU CBO Page 2 of 10

4. Make sure you do not write your name or any extraneous note/s or distinctive
marking/s on your Notebook that can serve as an identifying mark/s (such as names
that are not in the given questions, prayers, or private notes to the Examiner).

Writing, leaving or making any distinguishing or identifying mark in the


Examination Notebook is considered cheating and can disqualify you for the Bar
Examinations.

You can use the Questionnaire for notes you may wish/need to write during the
examination.

YOU CAN BRING HOME THIS QUESTIONNAIRE OR HAND IT TOGETHER WITH


YOUR NOTEBOOK.

2015 Centralized Bar Operations


Civil Law Mock Bar Examinations 2015 FEU CBO Page 3 of 10

X Construction Corporation entered into a joint venture with Y Parking Authority


for the construction of a 4,500-square-meter parking lot beside the Clark
International Airport for the amount of P60 million. Jose, Executive Director of X,
sent a letter request to Y stating that they want to take the extra work for the
reclamation project for P35 million. The General Manager of Y replied in writing
instructing X to enter to and execute and agreement for the extended work and to
submit the necessary documents and credit line. Subsequently, the Board of Y
disapproved the reclamation project.

X filed with RTC for specific performance contending that the General Manager of
Y approved the reclamation project and that he has the authority to enter into a
contract.

Is the contention of X tenable?

II

What is the prescriptive period for action of reconveyance based on implied or


constructive trust, and what is the reckoning period?

III

X made a bid for the installation of plumbing works in a government building. He


was required to put up the required performance bond after his bid was accepted. X
neither put up the bond nor begun the plumbing works.

In the case filed against him, he proffered that since he did not put up the required
bond, it follows that there was no contract as the condition was not fulfilled. Is X
liable for damages?

IV

Spouses XY obtained a loan for P25 million from B Bank. B Bank granted the loan
being applied for, provided that it shall be secured by a mortgage. Thus, Spouses
XY executed a mortgage contract over their 5 parcels of land located in Quezon
City. After a year, the spouses were able to pay P7 million and asked for the
discharge of 2 out of the 5 parcels of land mortgaged since they were able to pay
P7 million already which is the amount of the 2 parcels of land they are asking to
be discharged. Is the Spouses XY's contention correct?

Apolonio inherited a parcel of land from his parents, Valentin and Dominga Santos.
When Apolonio died, the land was given to his wife, Leonor, and daughter, Juliana,
his only surviving heirs. After Leonors death, her share in the land also went to
Juliana. Fifteen years later, Juliana died intestate without any issue. The land went
to Lorna, Julianas maternal aunt, who adjudicated unto herself the land as the sole
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surviving heir of Leonor and Juliana. Upon Lornas death, the grandchildren of
Valentin and Dominga Santos claim that the land should revert to them, in view of
its reservable character. Is the claim of the grandchildren correct?

VI

The lease contract of a property has expired and the lessee refuses to leave despite
demands from the owner. While the lessee is possession of property, the owner
entered into possession thereof and claims that the action is justified by the
doctrine of self-help. Can the doctrine of self-help be invoked by the owner?

VII

X promised to donate a property to Y. Y constructed his house on the property


before the donation was made. If the property was not donated to him, can Y be
considered a possessor in good faith to entitle him to reimbursement for the value
of the improvements?

VIII

A and her late husband, B, had two children, R and P. One summer, her mother-in-
law, aged 70, took the two children, then aged 10 and 12, with her on a boat trip to
Cebu. Unfortunately, the vessel sank en route, and the bodies of the three were
never found. None of the survivors ever saw them on the water. On the settlement
of her mother-in-law's estate, A files a claim for a share of her estate on the ground
that the same was inherited by her children from their grandmother in
representation of their father, and she inherited the same from them. Will her action
prosper?

IX

Felipe and Felisa, both Filipino citizens, were married in Malolos, Bulacan on June
1, 1950. In 1960, Felipe went to the United States, becoming a U.S. citizen in
1975. In 1980, Felipe obtained a divorce from Felisa, who was duly notified of the
proceedings. The divorce decree became final under California law. Coming back
to the Philippines in 1982, Felipe married Sagundina, a Filipino citizen. In 2001,
Filipe, then domiciled in Los Angeles, California, died, leaving one child by Felisa,
and another one by Sagundina. He left a will which he left his estate to Sagundina
and his two children and nothing to Felisa.

Sagundina files a petition for the probate of Felipes will. Felisa questions the
intrinsic validity of the will, arguing that her marriage to Felipe subsisted despite
the divorce obtained by Felipe because said divorce is not recognized in the
Philippines. For this reason, she claims that the properties and that Sagundina has
no successional rights.

(a) Is the divorce secured by Felipe in California recognizable and valid in the
Philippines? How does it affect Felipes marriage to Felisa? Explain.
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(b) What law governs the formalities of the will? Explain.

(c) Will Philippine law govern the intrinsic validity of the will? Explain.

Hans Berber, 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?

XI

Flor and Virgilio were married to each other in Roxas City, Capiz in 1980. In 1984,
Flor was offered a teaching job in Canada, which she accepted. In 1989, she
applied for and was granted Canadian citizenship. The following year, she sued for
divorce from Virgilio in a Canadian court. After Virgilio was served with
summons, the Canadian court tried the case and decreed the divorce. Shortly
thereafter, Flor married a Canadian.

Can Virgilio marry again in the Philippines? Explain.

XII

Two months after the death of her husband who was shot by unknown criminal
elements on his way home from office, M married her childhood boyfriend, and
seven months after said marriage, she delivered a baby. In the absence of any
evidence from M as to who is her child's father, what status does the law give to
said child? Explain.

XIII
A is the acknowledged natural child of B who died when A was already 22 years
old. When B's full-blood brother, C, died, he (C) was survived by his widow and
four children of his other brother, D. Claiming that he is entitled to inherit from his
father's brother, C, A brought suit to obtain his share in the estate of C.

Will his action prosper?

XIV

A entered into a contract with B for the supply of electrical lighting equipment.
When the obligation became due, A was unable to pay but was able to convince C,
a third party, to pay for his obligations. B agreed to such but reserved her right to
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seek payment from A in the event that C is not able to fully pay. Was the obligation
of A completely extinguished?

XV

A and B (husband and wife) entered into a loan agreement with CBC Bank. The
loan agreement provided that the interest rate of the loan would be based on the
prevailing market rates. The agreement also contained an escalation clause, which
gave CBC Bank the authority to increase the interest rate of the loan. Is the
escalation clause valid?

XVI

At age 18, Marian found out that she was pregnant. She insured her own life and
named her unborn child as her sole beneficiary. When she was already due to give
birth, she and her boyfriend, Pietro the father of her unborn child were
kidnapped in a resort in Bataan where they were vacationing. The military gave
chase and after one week, they were found in an abandoned hut in Cavite. Marian
and Pietro were hacked with bolos. Marian and the baby delivered were both found
dead, with the baby's umbilical cord already cut. Pietro survived.

Can Marian's baby be the beneficiary of the insurance taken on the life of the
mother?

XVII

The Ifugao Arms is a condominium project in Baguio City. A strong earthquake


occurred which left huge cracks in the outer walls of the building. As a result, a
number of condominium units were rendered unfit for use. May Edwin, owner of
one of the condominium units affected, legally sue for partition by sale of the
whole project? Explain.

XVIII

A barge owned by LS Corporation is being towed down by 2 tugboats, "Drogon"


and "Viserion", belonging to the same corporation. The barge rammed against one
of the wooden panels of the Nagtahan Bridge, smashing the posts and causing the
bridge to list. The river at that time was swollen and its current swift on account of
the heavy downpour in Manila in the past two days.

When LS Corporation was sued by the government, it disclaimed liability on the


grounds that the damage to the bridge was due to force majeure and that the
Nagtahan Bridge is an obstruction to navigation. Is LS Corporation's contention
correct?

XIX

Segundo Dy died, survived by his wife and five children. During his lifetime,
Segundo executed a document entitled Kasulatan sa Pag-aalis ng Mana, which
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was entirely written, dated and signed by Segundo, disinheriting one of his
children, Segismundo, for cause. In said document, Segundo explained that
Segismundo spoke hurtful words to him in the presence of his other children; that
Segismundo borrowed millions of money from a bank using Segundos name
without paying the loan thereby bringing great shame to the family; and that
Segismundo pirated the customers of the family business when he opened his own
business. Upon the death of Segundo, Selena, his eldest daughter, filed a petition
for the probate of the document entitled Kasulatan sa Pag-aalis ng Mana.
Segismundo moved for the dismissal of the probate proceedings on the ground that
the document purporting to be the holographic will of Segundo Dy does not
contain any disposition of the estate of the deceased and thus does not meet the
definition of a will; that all the other compulsory heirs were not named nor
instituted as heir, devisee or legatee, hence, there is preterition which would result
to intestacy; and that in any case, the cause for his disinheritance is not allowed by
law.

(a) Should the petition for probate be dismissed?

(b) Is there preterition in this case?

(c) Is the cause for Segismundos inheritance allowed by law?


XX

In the certification-of-no-marriage license of the local civil registrar, he omitted to


put the phrase stating that he exerted earnest efforts in searching for the marriage
license. The spouse nevertheless failed to show proof of the existence of the
marriage license.

(a) Is the omission in the certification enough to conclude that no diligent effort
was made?

(b) Can the marriage be voided in the absence of any showing by other credible
proof that the marriage license existed?

XXI

Nene asked Juan to handle her civil case for recovery of her land in Angono, Rizal
against a well-known property developer on a contingent fee basis. Juan asked for
40% of the land that may be recovered or 40% of whatever monetary settlement
that may be received from the property developer as his only fee contingent upon
securing a favorable final judgment or compromise settlement. Nene signed the
contingent fee agreement. The case eventually reached the Supreme Court which
promulgated a decision in favor of Nene. This time Nene refused to convey to Juan
40% of the litigated land as stipulated on the ground that the agreement violates
Article 1491 of the Civil Code which prohibits lawyers from acquiring by purchase
properties and rights which are the object of litigation in which they take part by
reason of their profession.
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Is Nenes refusal justified? Explain.

XXII

Dielle, Karlo and Una are general partners in a merchandising firm. Having
contributed equal amounts to the capital, they also agree on equal distribution of
whatever net profit is realized per fiscal period. After two years of operation,
however, Una conveys her whole interest in the partnership to Justine, without the
knowledge and consent of Dielle and Karlo.

(a) Is the partnership dissolved?

(b) What are the rights of Justine, if any, should she desire to participate in the
management of the partnership and in the distribution of a net profit of
P360.000.00 which was realized after her purchase of Una's interest?

XXIII

A, upon request, loaned his passenger jeepney to B to enable B to bring his sick
wife from Paniqui, Tarlac to the Philippine General Hospital in Manila for
treatment. On the way back to Paniqui, after leaving his wife at the hospital, people
stopped the passenger Jeepney. B stopped for them and allowed them to get on
board, accepting payment from them just as in the case of ordinary passenger
jeepneys plying their route. As B was crossing Bamban, there was an onrush of
lahar from Mt. Pinatubo, and the jeep that was loaned to him was wrecked.

(a) What do you call the contract that was entered into by A and B with respect
to the passenger jeepney that was loaned by the former to the latter to
transport his (B's) sick wife to Manila?

(b) Is B obliged to pay A for the use of the passenger jeepney?

(c) Is B liable to A for the loss of the jeepney?

XXIV

DT and MT were prominent members of the frequent travelers club of FX


Airlines. In Hongkong, the couple was assigned seats in Business Class for which
they had bought tickets. On checking in, however, they were told they were
upgraded by computer to First Class for the flight to Manila because the Business
Section was overbooked.

Both refused to transfer despite better seats, food, beverage and other services in
First Class. They said they had guests in Business Class they should attend to.
They felt humiliated, embarrassed and vexed, however, when the stewardess
allegedly threatened to offload them if they did not avail of the upgrade. Thus, they
gave in, but during the transfer of luggage, DT suffered pain in his arm and wrist.
After arrival in Manila, they demanded an apology from FXs management as well
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as indemnity payment. When none was forthcoming, they sued the airline for a
million pesos in damages.

Is the airline liable for actual and moral damages? Why or why not? Explain.

XXV

Silvestre leased a car from Avis-Rent-A-Car Co., at the Mactan International


Airport. No sooner had he driven the car outside the airport when, due to his
negligence, he bumped an FX taxi owned and driven by Victor, causing damage to
the latter in the amount of P100,000.00. Victor filed an action for damages against
both Silvestre and Avis, based on quasi-delict. Avis filed a motion to dismiss the
complaint against it on the ground of failure to state a cause of action. Resolve the
motion.

XXVI

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 later, Juliet gave birth to
twins, Aissa and Aretha.

(a) What is the status of the marriage between Gigi and Ric valid, voidable or
void? Explain.

(b) What is the status of the marriage between Ric and Juliet valid, voidable or
void? Explain.

(c) 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.

(d) If you were the counsel for Gigi, what action/s will you take to enforce and
protect her interests?

XXVII

A Filipino couple, Mr. and Mrs. BM, Jr., decided to adopt YV, an orphan from St.
Claires orphanage in New York City. They loved and treated her like a legitimate
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child for they have none of their very own. However, BM, Jr., died in an accident
at sea, followed to the grave a year later by his sick father, BM, Sr. Each left a
sizable estate consisting of bank deposits, lands and buildings in Manila. May the
adopted child, YV, inherit from BM, Jr.? May she also inherit from BM, Sr.? Is
there a difference? Why? Explain.

XXVIII

Ana Rivera had a husband, a Filipino citizen like her, who was among the
passengers on board a commercial jet plane which crashed in the Atlantic Ocean
ten (10) years earlier and had never been heard of ever since. Believing that her
husband had died, Ana married Adolf Cruz Staedtler, a divorced German national
born of a German father and a Filipino mother residing in Stuttgart. To avoid being
required to submit the required certificate of capacity to marry from the German
Embassy in Manila, Adolf stated in the application for marriage license that he was
a Filipino citizen. With the marriage license stating that Adolf was a Filipino, the
couple got married in a ceremony officiated by the parish priest of Calamba,
Laguna in a beach in Nasugbu, Batangas, as the local parish priest refused to
solemnize marriages except in his church. Is the marriage valid? Explain fully.

XXIX

Simona Pascual died, survived by her niece, Petronila, and six grandchildren, who
are the illegitimate children of her legitimate son, Anselmo, who predeceased her.
Petronila filed a petition for issuance of letters of administration in her favor
relative to the intestate estate of Simona Pascual. The grandchildren of Simona
opposed the petition and moved for the exclusion of Petronila in the settlement of
the intestate estate of Simona on the ground that the heirs of Simona are her six
grandchildren. Should Petronila be excluded from the intestate estate of Simona?

XXX

B was an informal settler on a parcel of land owned by A. A requested B to desist


from building a house on said land unless he (B) is interested in purchasing the
land. B informed A that he was willing to buy the land at a certain price. This offer
was rejected due to the low price offered by B. B again made an offer in a letter on
which A made the following note: [An] offer has been received/acknowledged but
processing [is] to take effect upon the partial amount of P150,000.00 on or before
April 15, 1993. Was there a binding contract between A and B?

---ooo0ooo---

KEEP GOING. YOURE ALMOST THERE. Yasmin Mogahed