Sample Law School Exam Questions

1. X and Y entered into a contract in Australia, whereby it was agreed that X would build
a commercial building for Y in the Philippines, and in payment for the construction, Y
will transfer and convey his cattle ranch located in the United States in favor of X.
What law would govern:
a) The validity of the contract? The validity of the contract will be governed by the
Australian law. According to Article 17(1) of the Civil Code, the forms and solemnities of
wills, and other public instruments shall be governed by the laws of the country which
they are executed. In this situation, since X and Y entered into a contract in Australia, the
Australian law shall govern.
b) The performance of the contract? The performance of the contract will be
governed by the Philippine law. According to Article 16(1) of the Civil Code, real property
as well as personal property is subject to the law of the country where it is situated. Since
the performance of the contract, agreement to build a commercial building, is in the
Philippines, then the Philippine law will govern.

2. Juan is a Filipino citizen residing in Tokyo, Japan. State what laws govern:
a. His capacity to contract marriage in Japan. Juan’s capacity to contract marriage in
Japan will be governed by the Philippine law. According to Article 15 of the Civil Code,
laws relating to family rights and duties, or to the status, condition and legal capacity of
persons are binding upon citizens of the Philippines, even when living abroad. Since Juan
is a Filipino citizen, his marital capacity will be subjected to the Philippine law.
b. His successional rights as regards his deceased Filipino father’s property in Texas,
U.S.A.
c. The extrinsic validity of the last will and testament which Juan executed while
sojourning in Switzerland. The extrinsic validity of the last will and testament will be
governed by the Switzerland law. According to Article 17(1) of the Civil Code, forms and
solemnities of will, and other public instruments shall be governed by the laws of the
country which it is executed. Since Juan executed the last will and testament in
Switzerland, then the Swiss law shall govern.
d. The intrinsic validity of said will. The intrinsic validity of the will, will be governed by
the Philippine law. According to Article 16(2) of the Civil Code, … the intrinsic validity of
testamentary provisions, shall be regulated by the national law of the person whose
succession is under consideration. Since Juan’s father is a Filipino, then the Philippine
law shall govern.

2. 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
they 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 Felipe’s 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 Felipe’s marriage to Felisa? Explain. Yes, the divorce
secured by Felipe in California is recognizable and valid in the Philippines. In the case of
Van Dorn vs. Romillo, the court recognized the validity of the divorce decree obtained by
the alien validly abroad, freeing the Filipino from the marriage bond. In this case, since
Felipe was already a US Citizen or an alien before he obtained the divorce, it is valid for
him and for Felisa in the Philippines.
B. What law governs the formalities of the will? Explain. The formalities of the will, will
be governed by the California Law. According to Article 17(1) of the Civil Code, forms and
solemnities of wills and other public instrument shall be govern by the laws of the country
which it is executed.
C. Will Philippine law govern the intrinsic validity of the will? Explain. No, the Philippine
law will not govern the intrinsic validity of the will. According to Article 16(2) intestate
and testamentary successions, both with respect to the order of succession and to the
amount of successional rights and to the intrinsic validity of testamentary provisions,
shall be regulated by the national law of the person whose succession is under
consideration, whatever may be the nature of the property and regardless of the country
wherein the said property may be found. Since Felipe is an American, he will be subjected
to American law.

3. The service contract entered into by and between the Visayan Electric Company
(VECO) and its clients, has a stipulation whereby the former through its violation of
contract (VOC) inspectors is granted a continuing authority from the latter to enter their
premises at all reasonable hours to conduct an inspection of the meter without incurring
liability for trespass to dwelling.
On May 11, 1989, the VOC inspectors, accompanied by a member of the Philippine
Constabulary Balicha, who was authorized by virtue of a mission order to assist and escort
the team, conducted a routine inspection of their client’s houses at La Paloma Village
including that of Mr. Sesbreno. The team was allowed entry by Sesbreno’s kasambahay
Linda, Chuchie Garcia and a relative of Sesbreno. They found out that the meter was
turned upside down and its rotating disc not working so they took photographs of it and
in the presence of the 3, they removed the meter and replaced it with a new one. Sesbreno
was in his office at the time but no one called to inform him of the inspection. The VOC
team then asked and was granted permission to enter the house itself to determine its
electrical load based on the kind and number of appliances and the light and fixtures
found inside the house. Before leaving the house, the VOC inspectors prepared the
Inspection Division Report with notice that it will be subjected to laboratory tests and the
Load Survey Sheet that showed Sesbreno’s electrical load. These were all signed by Garcia.
Sesbreno sued VECO and the VOC inspectors for damages contending that the inspection
of his residence was an unreasonable search for being carried out without a warrant and
for being done with evident malice and bad faith. Decide.

4. Maria claims that Simon is psychologically incapacitated to comply with the essential
marital obligations of marriage because Simon is a drunkard, a womanizer, gambler, and
a mama’s boy – traits that she never knew or saw when Simon was still courting her.
Although summoned, Simon did not file an answer to Maria’s petition and did not appear
in court. In the meantime, Maria filed a petition for annulment of her marriage with
Simon due to the latter’s psychological incapacity based on Canon 1095 of the Church’s
canon law before the National Appellate Matrimonial Tribunal of the Catholic Church
(NAMT).
To support her petition, Maria presented 3 witnesses – herself, psychologist Dr. Chan and
their kasambahay Amber. Since Simon never acknowledged nor responded to Dr. Chan’s
invitation for interviews, her report is solely based on he interviews with Maria and the
spouses’ minor children. In her testimony, Dr. Chan concluded that Simon is suffering
from Narcissistic Personality Disorder, an ailment that she found to be already present
since Simon’s early adulthood and one that is grave and incurable. Apart from Maria’s
testimony on the specific instances when she found Neil drunk, with another woman, or
squandering the family’s resources in a casino, she also presented, as part of her evidence,
the NAMT decision annulling her marriage with Simon because Simon, “upon contracting
marriage suffered, from grave lack of due discretion of judgment, thereby rendering
nugatory his marital contract.” Ambrosia corroborated Maria’s testimony.
QUESTIONS: 1. Decide 10%
2. Is Maria, being the aggrieved spouse, entitled to moral and exemplary
damages under Article 21 of the Civil Code? Explain. 10%
5. Adam managed and operated a gasoline station which he leased from Frankie. When
the lease contract expired, Frankie gave him 30 days to vacate the leased premises.
Despite notice and expiration of the extension period, Adam merely ignored Frankie’s
further demand to vacate and continued the gasoline station operation.
The following day and with the aid of armed men, Frankie caused the closure of the
gasoline station by constructing a fence around the property.
May Adam sue Frankie and his men for damages? Reason.

6. Bong, married to Bing, went to the United States to work. Having obtained American
citizenship, Bong returned to the Philippines to convince Bing to settle in the USA
permanently. He however, discovered that Bing and his best friend Bert were having an
affair. Bong returned to the USA and filed a petition for divorce before a California court
which was granted. Two years later, Bong decided to marry his high school classmate
Ellen in the Philippines. In preparation for the wedding, Bong went to the Local Civil
Registry of Pasig City where his marriage contract with Bing was registered. He asked the
Civil register to annotate the decree of divorce on his marriage contract with Bing.
Informed by the National Statistics Office (NSO) that his marriage with Bing still subsists
despite recognition of the divorce decree in the Philippines.
Is it necessary for Bong to file a petition for judicial recognition of the decree of divorce
he obtained in California, USA before he can validly contract a subsequent marriage in
the Philippines? Explain.

7. Brothers Fernando and Eddie went mountain climbing on a Maundy Thursday but
failed to return home on Easter Sunday as promised. Two weeks later a rescue team found
their dead bodies in a ravine. The wife of Fernando, Susie is claiming the entire estate left
behind by the brothers’ deceased parents alleging that Fernando being older, but below
60 years of age, than Eddie is deemed to have died after the latter. Gloria, Eddie's wife,
however, contends that such presumption is inapplicable because Article 43 of the Civil
Code is very clear that “in the absence of proof as to which of them died first, it is
presumed that they died at the same time and there shall be no transmission of rights
from one to the other.” Decide with reasons.

8. Filipinos Jericho and Kristine got married in Frankfurt while finishing their
postgraduate studies in one of the universities in Germany. A year later Jericho filed a
petition for annulment of their marriage on the ground that Kristine was no longer a
virgin at the time of the marriage which is a valid ground for annulment in Germany. The
German court granted the petition. After the annulment, Jericho returned to the
Philippines and met and fell in love with Cindy. He now consulted you, as his lawyer,
whether he is legally free to marry Cindy. What would your legal advice be? Explain.

9. Albenson Enterprises delivered to Guaranteed Industries steel plates worth

P2,500.00. In payment thereof Guaranteed issued a BPI check in the amount of
P2,500.00 drawn against the account of Woodworks, Incorporated. The check however,
bounced when it was presented for payment for reason “Account Closed”. Albenson then
traced the origin of the dishonored check. Records from the Securities and Exchange
Commission showed that the President of Guaranteed was one “Eugenio Baltao”. The
ministry of trade also informed Albenson that Woodworks was registered in the name of
one “Eugenio Baltao”. Likewise BPI advised Albenson that the signature appearing on the
dishonored check belonged to “Eugenio Baltao”. An information for violation of BP Blg.
22 was filed against Eugenio Baltao which information was dismissed as it was
established that it was not the accused who signed the check but his namesake and son
Eugenio Baltao III. For allegedly maligning his name for a measly amount of P2,500.00,
Baltao sued Albenson for damages under Articles 19, 20 and 21 of the Civil Code. Albenson
set up the defense of absence of malice on their part absolving them from any liability.
Will the action for damages prosper? Reason.

10. Seven months pregnant Mrs. Busong was on board Kaskasero Bus Lines when it
collided with another bus operated by Banggaan Liner. She suffered severe injuries which
eventually led to the abortion of the foetus. Spouses Busong sued the operators of both
buses for damages for the injuries suffered by Mrs. Busong and for the death of the foetus.
Subsequent thereto an information for reckless imprudence resulting to serious physical
injuries was filed in court. The operators then moved for the dismissal of the civil case
contending that with the filing of the criminal action, the civil action for damages is
deemed impliedly instituted with a former in the absence of any reservation made by the
complainant spouses.
Questions:
a. Will the action for damages filed by the spouses Busong prosper? Reason. 10%
b. Is the contention of the operators tenable? Explain. 10%

11. Diana, a Filipino, was hired by Iraqi Airlines as flight stewardess. The contract of
employment, which was read, understood and voluntarily signed by Diana in Manila,
stated that cases that may arise by reason of the employment shall only be heard, tried
and decided in accordance with the laws of Iraq. Her employment shall be for a minimum
period of 2 years to a maximum of 5 years. During the subsistence of the contract she is
forbidden to marry or to join existing labor unions, any breach in the terms and conditions
thereof will mean automatic dismissal and forfeiture of a ready earned benefits. Discuss
the validity of the contract citing applicable provision/s.

12. Mayor Robin was accused of the crime of grave coercion for willfully, unlawfully, and
feloniously destroying and demolishing Antonio’s rolling store due to the latter's refusal
to remove it from the town plaza. The court acquitted Robin of the offense charged on the
ground that his acts that were denominated coercion actually constituted some other
offense. The court however, held him civilly liable for the value of the property destroyed.
Robin question the propriety of the award arguing that his acquittal is tantamount to a
pronouncement that he did not commit the acts stated in the charge. Is the contention of
Robin proper? Reason.

13. Isabelo was prosecuted for violating the Anti-Squatting Law. It was alleged that
Isabelo without the knowledge and consent and against the will of the owner Rosita, a
sister of Isabelo, built his residential house on her property thereby effectively depriving
her of the use of the portion of the said land. Three years prior to the filing of the criminal
case, Isabelo together with his other siblings had filed a civil case against Rosita seeking
a declaration of nullity of Rosita's title over the lot which was the very same lot allegedly
taken over by the accused surreptitiously. In the same civil case, Isabelo and the other
complainants also prayed for the partition of the subject property contending that they
and Rosita are co-owners of the lot..
Isabelo then moved for the suspension of his arraignment on the ground that the
resolution of the civil case will determine whether the criminal action will proceed or not.
Rosita opposed the motion contending that the issue on ownership is irrelevant and
immaterial to the resolution of the criminal action.
Decide with reasons.

14. Bill, an American, inherited from his Filipino mother a parcel of land situated at
Tagaytay City. While vacationing in Thailand he met Fidel, a Filipino, who showed
interest in his Tagaytay property. After several negotiations, Bill agreed to sell the
property to Fidel. What law governs in the execution of the contract of sale? Explain.

15.Troy abandoned his wife Mahal because he fell madly in love with Maxine. Maxine
works as a guest relations officer of Pegasus, a high end club for men. Troy is often seen
at the club bringing expensive gifts for Maxine who at times would leave the club with
Troy and check-in at a nearby hotel. In one confrontation, Troy told Mahal that he would
no longer return to their conjugal abode because life is meaningless without Maxine. May
Maxine be held liable for damages for alienation of affection and for disturbing the family
relations of the spouses? Explain.
16. What is the doctrine of stare decisis? It refers to the principle of adherence to
precedents for reasons of stability of the law. It requires the lower courts to follow the
rules established in prevailing decisions of the Supreme Court.
17. Requirements of a waiver
18. Requisites of an accepted custom
19. Principle of nationality
20. Principle of territoriality
21. Principle of Lex Rei Sitae
22. Principle of Renvoi Doctrine
23. Principle of Processual Presumption
24. Principle of Lex Loci Celebrationis
25. Principle of Exterritoriality
26. Principle of Extraterritoriality
27. Principle of Abuse of Rights
28. Damnum absque injuria
29. Principle Against Unjust Enrichment
30. Accion in Rem Verso; Soluttio Indebiti
31. Soluttio Indebiti
32. Difference of civil action and criminal action
33. Requisites2000 Revised Rules on Criminal Procedure
34. Plena Capacidad Civil
35. Difference of juridical capacity and capacity to act