Professional Documents
Culture Documents
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
A Compilation of the
Questions and Suggested Answers
In the
PHILIPPINE BAR EXAMINATIONS 2007-2013
In
CIVIL LAW
Compiled and Arranged By:
Baratbate-Ladot, Delight
Salise, Hector Christopher Jay-Arh Jr. M.
(University of San Jose-Recoletos School of Law)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 1 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
FOREWORD
This work is a compilation of the ANSWERS TO BAR
EXAMINATION QUESTIONS by the UP LAW COMPLEX ,
Philippine Association of Law Schools from 2007-2010 and
local law students and lawyers forum sites from 2011-2013
and not an original creation or formulation of the author.
The authors were inspired by the work of Silliman Universitys
College of Law and its students of producing a very good
material to everyone involved in the legal field particularly the
students and the reviewees for free. Hence, this work is a
freeware.
Everyone is free to distribute and mass produce copies of this
work, however, the author accepts no liability for the content of
this reviewer, or for the consequences of the usage, abuse, or
any actions taken by the user on the basis of the information
given.
The answers (views or opinions) presented in this reviewer are
solely those of the authors in the given references and do not
necessarily represent those of the authors of this work.
The Authors.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 2 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
TABLE OF CONTENTS
(Titles are based on Sillimans Compilation [Arranged by Topic])
Persons
Capacity: Juridical Capacity (2008)...............................................................................12
Capacity; Juridical Capacity of Donee; Requisites for Acceptance (2012).......................12
Capacity: Legal Capacity; Lex Rei Sitae (2007)...............................................................13
Correction of Entries; Clerical Error Act (2008).............................................................14
Nationality Principle (2009)...........................................................................................14
Nationality Principle; Change of Name not Covered (2009).............................................15
Conflict of Laws
Processual Presumption (2009)......................................................................................16
Jurisdiction; Courts may Assume Jurisdiction over Conflict of Laws Cases (2010).........17
Adoption
Adoption; Termination; Death of Adopter (2009)............................................................17
Adoption; Illegitimate Child (2010)................................................................................18
Adoption; Illegitimate Child; Use of Mothers Surname as Middle Name (2012)..............19
Consent; Consent of the Adopters Heirs (2008).............................................................19
Qualifications of Adopter (2010)....................................................................................20
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 3 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
Family Code
Marriage; Annulment; Grounds (2009)...........................................................................20
Marriage; Annulment; Grounds (2007)...........................................................................21
Marriage; Annulment; Parties (2012)..............................................................................22
Marriage; Annulment; Support Pendente Lite (2010)......................................................22
Marriage; Divorce Decrees; Filipino Spouse Becoming Alien (2009)................................23
Marriage; Divorce Decrees; Foreign Spouse Divorces Filipino Spouse (2012)..................24
Marriage; Divorce Decrees; Foreign Spouse Divorces Filipino Spouse (2010)..................25
Marriage; Legal Separation; Prescription (2012).............................................................25
Marriage; Legal Separation; Prescription (2007).............................................................26
Marriage; Psychological Incapacity (2013).....................................................................26
Marriage; Psychological Incapacity (2012).....................................................................28
Marriage; Requisites (2008)...........................................................................................28
Marriage; Subsequent Marriage (2008)...........................................................................29
Marriage; Void Marriages; By Reason of Public Policy (2008)..........................................30
Marriage; Void Marriages; By Reason of Public Policy (2007)..........................................30
Marriage; Void Marriages; Property Relations (2009)......................................................30
Marriage; Void Marriages; Status of Children (2009).......................................................31
Parental Authority; Illegitimate Minor Child (2009).......................................................32
Parental Authority; In Vitro Fertilization (2010)............................................................32
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 4 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 5 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
Succession
Disposition; Mortis Causa vs. Intervivos; Corpse (2009).................................................46
Heirs; Fideicommissary Substitution (2008)..................................................................46
Heirs; Intestate Succession; Legitime; Computation (2010)...........................................47
Heirs; Representation; Iron-Curtain Rule (2012)............................................................49
Heirs; Reserva Troncal (2009)........................................................................................49
Intestate Succession (2008)...........................................................................................50
Intestate Succession (2008)...........................................................................................51
Intestate Succession; Rights of Representation:
Illegitimate, Adopted Child; Iron Curtain Rule (2007)....................51
Legitimes; Compulsory Heirs (2012)..............................................................................53
Legitime; Compulsory Heirs (2008)................................................................................53
Preterition; Disinheritance (2008).................................................................................54
Succession; Proof of Death between persons called to succeed each other (2008)..........55
Succession; Rule on Survivorship (2009).......................................................................56
Wills; Holographic Wills; Insertions & Cancellations (2012)............................................57
Wills; Holographic Wills; Probate (2009).........................................................................57
Wills; Joint Wills (2008).................................................................................................59
Wills; Joint Wills; Probate (2012)...................................................................................59
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 6 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
Donation
Donations; Formalities; In Writing (2007)......................................................................63
Donations; Illegal & Impossible Conditions (2007).........................................................64
Donation; Inter Vivos (2013)..........................................................................................64
Property
Accretion; Alluvium (2008)............................................................................................65
Accretion; Rights of the Riparian Owner (2009).............................................................67
Builder; Good Faith; Requisites (2013)...........................................................................68
Easement; Prescription; Acquisitive Prescription (2009)................................................70
Easement; Right of Way (2013)......................................................................................70
Easement; Right of Way (2010)......................................................................................72
Hidden Treasure (2008).................................................................................................73
Mortgage; Public or Private Instrument (2013)...............................................................74
Occupation vs. Possession (2007)..................................................................................76
Ownership; Co-Ownership (2009)...................................................................................76
Ownership; Co-Ownership (2008)...................................................................................77
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 7 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
Contracts
Contract to Sell vs. Conditional Contract of Sale (2012)................................................90
Rescission of Contract; Fortuitous Event (2008)............................................................90
Stipulation; Arbitration Clause (2009)............................................................................91
Obligations
Extinguishment; Compensation (2009)..........................................................................91
Extinguishment; Compensation (2008)..........................................................................92
Extinguishment; Novation (2008)..................................................................................93
Extinguishment; Payment of Check (2013)....................................................................94
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 8 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
Trust
Trust De Son Tort (2007)...............................................................................................98
Sales
Condominium Act; Partition of a Condominium (2009)..................................................99
Mortgage; Equitable Mortgage (2012).............................................................................99
Option Contract; Liquor & Pulutan as Consideration (2013)......................................100
Right of First Refusal; Lessee; Effect (2008).................................................................101
Lease
Builder; Good Faith; Useful Improvements (2013)........................................................103
Lease; Caveat Emptor (2009).......................................................................................104
Agency
Agency; Sale of a Real Property through an Agent (2010).............................................104
Partnership
Liability; Liability of a Partner (2010)..........................................................................105
Oral Partnership (2009)...............................................................................................106
Share; Demand during the Existence of Partnership (2012)..........................................107
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 9 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
Guaranty
Guaranty (2009)...........................................................................................................108
Surety
Surety (2010)...............................................................................................................108
Pledge
Pledge; Pactum Commissorium (2009).........................................................................109
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 10 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 11 of 180
hectorchristopher@yahoo.com
Persons
dbaratbateladot@gmail.com
named
sole
father
were
her
unborn
of
her
child
unboarn
as
her
child,
survived.
(A). Can Marian's baby be the beneficiary of
the insurance taken on the life of the
mother? (2%)
SUGGESTED ANSWER:
provides
that
personality;
but
"birth
the
determines
conceived
child
Million.
Explain. (5%)
be
born
later
with
the
conditions
Is
Ricky
entitled
to
recover?
SUGGESTED ANSWER:
Page 12 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
acquire
house
in
Australia
because
SUGGESTED ANSWER:
TRUE. Since Australian Law allows alien
to acquire property from the age of 16,
the
Moreover,
capacity of
Philippine
ownership
country
where
even
over
is
assuming
Roberta
Law,
it
that
legal
in entering the
she
the
situated."
will
property
acquire
bought
ALTERNATIVE ANSWER:
FALSE. Laws relating to family rights
and duties, or to the status, condition or
legal capacity of persons are binding
(2007)
(2% each).
(1). Roberta, a Filipino, 17 years of age,
without the knowledge of his parents, can
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 13 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
(2008)
(B).
the
corrections? (2%)
Instead
of
purpose
a
of
judicial
action,
making
the
can
above
of
Gianna
as
"legitimate",
her
SUGGESTED ANSWER:
No. An administrative proceeding cannot
be brought for the purpose of making the
above corrections. R.A. 9048, otherwise
known as the Clerical Error Act, which
authorizes the city or municipal civil
"illegitimate" (1%);
and
from
"legitimate"
to
of
Andy's
to
her
Aimee's
maiden
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 14 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
ALTERNATIVE ANSWER:
The
forum
has
jurisdiction
over
an
answer. (3%)
SUGGESTED ANSWER:
No, the suits will not prosper. As applied
to foreign nationals with the respect to
family relations and status of persons,
the nationality principle set forth in
Article 15 of the Civil Code will govern
the
relations
Margarita.
of
Since
Emmanuel
they
are
Philippines.
They
are
here
as
and
American
both
Emmanuel
and
Margarita
as
(2%)
SUGGESTED ANSWER:
nationals
by
Philippine
courts
is
precedents
(Pilapil
v.
653[1989],
petitioner.
established
Ibay-Somera,
by
174
SCRA
Whatever
judgment
is
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 15 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
never
court
will
apply
New
YorK
law
in
acquire
jurisdiction
over
the
ALTERNATIVE ANSWER:
Philippine law.
ALTERNATIVE ANSWER:
to
of
Filipinos
even
though
sojourning
lex
patriae
or
the
nationality
abroad.
ALTENATIVE ANSWER:
Civil
nationality.
nationals
Code
is
in
applicable
to
determining
foreign
their
legal
status (supra).
(B). If Henry, an American citizen residing
in the Philippines, files a petition for change
Conflict of Laws
SUGGESTED ANSWER:
Philippine law will apply. The petition
for change of name in the Philippines
will
affect
only
the
records
of
the
is
true,
or
FALSE
if
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 16 of 180
(A).
The
hectorchristopher@yahoo.com
doctrine
of
dbaratbateladot@gmail.com
"processual
SUGGESTED ANSWER:
TRUE. If the foreign law necessary to the
the forum.
Jurisdiction;
Courts
may
Adoption
Assume
ailment.
laws case.
During
the
pendency
of
the
SUGGESTED ANSWER:
(1) Statute theory. There is a domestic
law
authorizing
the
local
court
to
assume jurisdiction.
(2)
Comity
assumes
theory.
The
jurisdiction
local
based
on
court
the
(2%)
SUGGESTED ANSWER:
It
depends
on
the
stage
of
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 17 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
the
8552).
years of age.
adopter
(Section
13,
RA
proceedings.
SUGGESTED ANSWER:
No, if it was Dolly who died, the case
should
be
terminates
dismissed.
the
Her
death
ALTERNATIVE ANSWER:
The
court
longer
should
issue
the
decree
of
consent
required
of
the
14-year-old
because
there
was
(2.5%)
SUGGESTED ANSWER:
Yes, he can still adopt his illegitimate
child but with the consent of his spouse,
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 18 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
7 and 9, RA 8552).
Adoption;
Mothers
Illegitimate
Surname
as
Child;
Use
Middle
of
Name
(2012)
minor
illegitimate
child
Stephanie,
preserve
his
lineage
on
his
her
mothers
middle
name
and
of
carrying
the
mothers
(2008)
different
unmarried.
women,
His
Andrew
first
remained
relationship
with
children
but
they
informally
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 19 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
named
(2%)
Laurie.
America.
John
At
at
26,
Patrice
once
married
signified
his
SUGGESTED ANSWER:
(5%)
Adoption
Act
consent
of
of
1998,
the
the
written
illegitimate
to
the
adoption.
All
the
to
Amy's
adoption
is
SUGGESTED ANSWER:
No, John cannot file the petition to
adopt
alone.
Philippine
law
requires
Family Code
not
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 20 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
both
in
up
Filipinos.
Kenya,
they
After
come
their
back
wedding
and
take
SUGGESTED ANSWER:
No, the marriage cannot be annulled
under the Philippine law. Sterility is not
a ground for annulment of marriage
under Article 45 of the Family Code.
must
apply
Phillippine
law
in
ALTERNATIVE ANSWER:
The
Since
sterility
does
not
constitute
court
shall
have
no
ground
to
avoid
or
annul
the
(2% each).
married,
John
told
her
that
he
was
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 21 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
John.
SUGGESTED ANSWER:
FALSE. Marsha is not estopped from
filing an annulment case against John
Lite (2010)
before.
to
dissolve
ground
Physical
within
incapacity
five
years
from
its
their
absolute
community
of
and 19.
celebration.
degrees.
agree.
Under
The
Court
approved
the
SUGGESTED ANSWER:
Yes,
children.
the
rules
Page 22 of 180
hectorchristopher@yahoo.com
Marriage;
SUGGESTED ANSWER:
If B acquiesces and does not file the
dbaratbateladot@gmail.com
Divorce
Decrees;
Filipino
be
conclusively
presumed
as
the
legitimate daughter of B by G.
Joseph.
Joseph
year
thereafter,
returned
Wilma
and
and
established
Harry
recognized
in
the
Philippines?
SUGGESTED ANSWER:
Yes, the two children can still ask for
SUGGESTED ANSRWER :
trade
or
vocation,
634
{1954}].Their
having
extinguish
the
obligation
of
the
is
recognized
Philippines
as
because
valid
she
is
in
the
now
apply
to
foreigner.
However,
not
recognized
as
to
him
and,
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 23 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
SUGGESTED ANSWER :
divorce
is
national law .
obtained
by
foreigner
SUGGESTED ANSWER:
of
divorced
(Rule
39,Rules of Court ).
(C). Harry tells you that he has fallen in
love with another woman, Elizabeth, and
wants to marry her because, after all,
Marriage;
Divorce
Decrees;
Foreign
(2%)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 24 of 180
Cipriano
later
hectorchristopher@yahoo.com
learned
all
about
dbaratbateladot@gmail.com
this
abroad. (1%)
of
the
Family
Code.
Is
Cipriano
SUGGESTED ANSWER :
FALSE, In Garcia v. Recio , 366 SCRA
437 (2001) , the SC held
Filipino
spouse
to
that for a
have
capacity
to
SUGGESTED ANSWER:
remarry.
ALTERNATIVE ANSWER:
abroad
sufficient
said
spouse to remarry.
provision
equally
applies
to
by
the
to
foreigner
capacitate
spouse
the
is
Filipino
obtained.
(2012)
No.IV.a)
Marriage;
Divorce
Decrees;
Foreign
After
they
got
married,
Nikki
But
Nikki
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 25 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
SUGGESTED ANSWER:
Although the action for legal separation
has not yet prescribed, the prescriptive
period being 5 years, if Obecidos affair
with another woman was ended when
so
on.
The
action
for
legal
action
account
of
will
not
condonation.
prosper
on
However,
if
Marriage;
Psychological
Incapacity
(2013)
report
on
Neil
that
she
n9r
responded
to
her
invitation
for
SUGGESTED ANSWER:
Neil
occurrence
infidelity
of
sexual
is
suffering
from
Narcissistic
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 26 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
another
the
the
woman,
spouses'
or
current
squandering
household
help,
drunkenness
(Republic
v.
SUGGESTED ANSWER:
gambling and drugs (Republic v. TanyagSan Jose, G.R. No. 168328, 2007).
of
the
Family
Code
must
be
ALTERNATIVE ANSWER:
Yes. The petition should be granted.
examination
requirement
psychological
shall
psychological
indeed
Neil
psychological
Personality
before
the
is
suffering
incapacity
Disorder]
marriage,
from
[Narcissistic
existing
already
incurable
Dr.
of
respondent
for
Chans
Marias
therefore,
the
incapacity
report
and
not
declaration
incapacity.
determine
is
It
of
is
the
existence
of
(Marcos
v.
corroborated
Ambrosias
sufficiently
by
testimonies,
prove
Neils
and
his
essential
marital
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 27 of 180
Marriage;
hectorchristopher@yahoo.com
Psychological
Incapacity
(2012)
dbaratbateladot@gmail.com
not
the
was
of
be
able
to
based
petitioner.
personally
only
on
Should
examine
the
the
narration
annulment
SUGGESTED ANSWER:
The annulment cannot be guaranteed
solely on the basis of the psychological
report. For the report to prove the
psychological
respondent,
it
incapacity
of
the
is
that
the
required
should
be
based
on
the
is
psychologically
incapacitated.
Since,
the
the
marriage,
Roderick
continued
to
without
marriage
license,
psychologist
did
not
valid? (2%)
SUGGESTED ANSWER:
However,
no
license
shall
be
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 28 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
year
period
exclusivity
is
and
characterized
continuity.
by
In
the
parish
priest
refused
to
solemnize
marriage
of
exceptional
character,
SUGGESTED ANSWER:
No. The marriage is not valid. Art. 41 FC
allows the present spouse to contract a
subsequent
marriage
during
the
citizen
the
husband
Ocean.
German
father
mother
residing
in
being
like
her,
who
and
Stuttgart.
was
among
Filipino
To
avoid
of
The
Ana
body
was
of
among
the
the
deceased
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 29 of 180
should
have
first
hectorchristopher@yahoo.com
secured
judicial
dbaratbateladot@gmail.com
previous
the
said
judicial
declaration
relationship.
Thus,
their
the FC.
different
(2% each).
unmarried.
women,
His
Andrew
first
remained
relationship
with
biological
children
but
they
informally
SUGGESTED ANSWER:
TRUE.
Julian
and
Thelma
can
get
stepsisters
are
not
among
the
Marriage;
Void
Marriages;
Property
SUGGESTED ANSWER:
Relations (2009)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 30 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
Urbano,
each other.
Marriage;
required
Children (2009)
marriage
contract
forms.
The
Void
Marriages;
Status
of
Urbano,
Mayor
she
required
marriage
at
the
wedding
contract,
gave
reception,
them
to
the
marriage
contract
forms.
The
Mayor
at
the
wedding
reception,
she
marriage
(2%)
contract,
gave
them
to
the
assumption
valid,
that
there
was
no
voidable,
or
void?
Explain
your
answer. (3%)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 31 of 180
hectorchristopher@yahoo.com
SUGGESTED ANSWER :
dbaratbateladot@gmail.com
with
requisite
of
marriage
ceremony
was
him,
because
he
is
better
off
ALTERNATIVE ANSWER:
The
marriage
is
void
an
the
parties
freely
given
in
the
SUGGESTED ANSWER:
.2, FC).
authority
has
the
right
to
(2%)
SUGGESTED ANSWER:
Child (2009)
in
delivering
Rodolfo
her,
to
child
(2010)
by
promised
the
marry
Page 32 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
2001,
G
B
having
completed
contracted
her
marriage
4-year
without
license.
SUGGESTED ANSWER:
Majorette,
the
mother,
can
exercise
SUGGESTED ANSWER:
born
is
Family
out
of
wedlock,
the
child
ALTERNATIVE ANSWER:
Code).
While
Venus
was
ineffective
when
the
said
void
license.
due
to
absence
of
marriage
shall
valid
take
place
marriage
by
between
marriage
shall
legitimation.
not
The
affect
inclusion
the
of
the
underscored
application
marriages.
portion
is
It
in
limited
follows
the
to
that
Article
voidable
when
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 33 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
illegitimate child.
Paternity
&
Filiation;
Impugning
Legitimacy (2010)
SUGGESTED ANSWER:
If B acquiesces and does not file the
two
serious
spouses
be
legitimate daughter of B by G.
No.IV.
Spouses
offsprings.
Albeit
personality
and
they
differences,
begot
had
the
conclusively
presumed
as
the
Paternity
&
Fertilization;
Filiation;
In
Surrogate
Vitro
Mothers
SUGGESTED ANSWER:
by
another
daughter
on
man
the
as
his
ground
legitimate
that
for
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 34 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
SUGGESTED ANSWER:
what he paid.
ALTERNATIVE ANSWER:
out
of
wedlock,
she
has
exclusive
SUGGESTED ANSWER:
proper remedy.
ALTERNATIVE ANSWER:
Gigolo.
ALTERNATIVE ANSWER:
&
Filiation;
Legitimacy;
Presumption (2008)
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 35 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
the
to
should
complaint,
exceptions.
marriage,
Roderick,
Roderick
without
continued
marriage
die
after
the
without
filing
having
of
the
desisted
license,
(D).
SUGGESTED ANSWER:
(2%)
Can
Laica
be
legitimated
by
the
SUGGESTED ANSWER:
of
her
biological
parents
is
legitimate
children
the
parents
are
because
presumed
to
be
SUGGESTED ANSWER:
(2008)
G.R.
No.
138961,
07
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 36 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
of
Gianna
as
"legitimate",
her
SUGGESTED ANSWER:
preclude
instances
where
such
Paternity
&
Filiation;
Support:
women,
His
Andrew
first
remained
relationship
with
children
but
they
informally
statement
is
true,
or
FALSE
if
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 37 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
expenses
him? (1%)
Rodolfo
in
delivering
promised
to
the
child
marry
by
her,
descendants."
SUGGESTED ANSWER:
other? (2%)
SUGGESTED ANSWER:
Amy, Jon, Ryan, Vina, Wilma and Sandy
cannot legally claim support from each
other because Art. 195, par 5 limits the
giving of support to "legitimate brothers
and sisters, whether full or half blood."
child,
Rodolfo
cannot
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 38 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
Conrado
Rodolfo
of
will
require
the
consent
and
Clarita,
hence,
are
Legitimacy (2009)
No.V.
Four
children,
namely:
Alberto,
Clarita.
Edilberto
died
leaving
estate,
Alberto
intervened
claiming
deceaseds
illegitimate
and
shares
Baldomero
as
the
children.
The
the
status
children,
impugn
their
of
Edilbertos
Condrado
must
legitimacy.
Since
Property
Alberto
and
Baldomero
Adulterous
Relationship (2009)
SUGGESTED ANSWER:
No,
Relations;
are
not
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 39 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
SUGGESTED ANSWER:
It depends. If the value of the building is
building
marriage
belongs
to
the
conjugal
is
conjugal
and
the
land
principal
and
accessory.
In
property
partner
relations
and
governed
between
his/her
by
married
paramour
ordinary
is
co-ownership
when
they
acquisition
paramour
of
is
contributed
the
deemed
to
property.
to
have
the
The
not
the
such
building,
case,
the
the
land
(2007)
No. VII. Write "TRUE" if the statement is
true or "FALSE" if the statement is false. If
the statement is FALSE, state the reason.
(2% each).
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 40 of 180
in
1992
to
repair
hectorchristopher@yahoo.com
it.
In
1995,
such
Property
dbaratbateladot@gmail.com
Relations;
Unions
Without
Marriage (2012)
SUGGESTED ANSWER:
FALSE.
The
absolute
Community
of
appear
and
The
responsibility
debt
is
of
the
already
the
community
absolute
Michael
they
were
Jude
the
Lim.
childrens
Subsequently,
death.
ALTERNATIVE ANSWER:
FALSE.
that
community
needed,
emancipated.
for
the
adoptees
are
already
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 41 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
adopt
jointly,
except
in
the
cases
Hence,
Monina
should
adopt
SUGGESTED ANSWER:
It depends. On the assumption that the
Family Code is the applicable law, the
ownership of the properties depends on
whether or not, Jambrich and Descallar
are capacitated to marry each other
during their cohabitation, and whether
or not both have contributed funds for
the acquisition of the properties.
Property
Relations;
Unions
Without
Marriage (2012)
and
Subdivision.
In
the
Contracts
to
Sell,
the
any
acquire
public
Descallar
shares.
domain.
alienable
After
lands
Jambrich
of
the
and
income
part
of
of
Jambrich
the
from
properties,
his
his
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 42 of 180
each
other
Art.
hectorchristopher@yahoo.com
148-co-ownership
marriage,
dbaratbateladot@gmail.com
the
couple
possessed
the
following properties:
of
them
contributed
in
their
the
acquiring
the
properties
in
question
purchase
price
third (1/3)
Borromeo,
it
Borromeo.
Descallar
however,
If,
on
is
the
valid
as
other
hand
to
their
contributed
was
(representing
paid
by
on
Conjugal
Partnership
established between
property
relation
is
was
ever
B and G. Their
governed
by
Relations;
Void
Marriages
(2010)
No.VII. G and B were married on July 3,
1989. On March 4, 2001, the marriage,
which bore no offspring, was declared
void ab initio under Article 36 of the Family
Code. At the time of the dissolution of the
that
Article
147,
wages
and
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 43 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
extent
as
the
respective
valuable
contribution.
contributions,
In
they
shall
for
her
contribution
in
its
share equally.
If ownership of the house and lot was
acquired by B on August 3, 1988 at the
time he bought it on installment before
he got married, he shall remain owner of
the house and lot but he must reimburse
G for all the amounts she advanced to
pay the purchase price and for one-half
share in the last payment from their
joint income. In such case, the house
and lot were not acquired during their
cohabitation, hence, are not co-owned by
B and G.
summing
up
their
prospective
to
the
apartment,
it
is
owned
will
extent
its
was
uncle.
for
his
contributions
in
still
be
acquired
his
exclusive
gratuitously
property
from
his
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 44 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
2001,
and
license.
was
Article
144.This
Article
G
B
having
contracted
completed
her
marriage
4-year
without
is
And
even
assuming
that
the
two
Code
has
retroactive
effect
acquired
during
their
cohabitation.
SUGGESTED ANSWER:
Since the marriage was null and void, no
Absolute
Community
or
Conjugal
live
Property
Relations;
Void
Marriages
(2010)
No.X. In 1997, B and G started living
together without the benefit of marriage.
The relationship produced one offspring,
Venus. The couple acquired a residential lot
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 45 of 180
the
property.
proportion
hectorchristopher@yahoo.com
Their
to
contributions.
share
their
In
an
is
family
is
not
Succession
in
respective
ordinary
co-
dbaratbateladot@gmail.com
recognized
as
co-ownership
however,
care
and
which
to
half
will
of
entitle
the
the
property
acquired.
Having
been
cohabitation,
acquired
the
during
residential
their
lot
is
SUGGESTED ANSWER:
False.
in
favor
of
the
common
Heirs;
(2008)
Fideicommissary
Substitution
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 46 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
SUGGESTED ANSWER:
succession.
Since
it
is
tantamount
to
If
Scarlet
predeceases
Ruffa,
who
SUGGESTED ANSWER:
Ruffa
will
inherit
property
as
succession
children
as
their
presumptive legitimes.
she
Code).
even
time
their
death,
the
of
of
Raymond's
from
each
though
Raymond? (2%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
If
Ruffa
Raymond's
predeceases
widowed
mother
Raymond,
will
be
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 47 of 180
hectorchristopher@yahoo.com
(B)
nullity
psychological capacity:
of
the
first
marriage
was
If
the
dbaratbateladot@gmail.com
children
ground
each
Surviving
shall
children
such
that
an
not
of
second
of the estate
second spouse
3
distributed
is
marriage
nullity
of
illegitimate 1/12
of
estate
for
When
the
estate
is
not
the
said
legitime
of
the
estate
is
left
after
paying
the
Computation:
(A)
If
the
ground
of
nullity
is
psychological incapacity:
3
children
marriage
by
for each
Surviving
spouse
presumptive
received
by
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 48 of 180
imputed
half
the
an
advance
presumptive
of
dbaratbateladot@gmail.com
their
of
as
hectorchristopher@yahoo.com
legitime
is
his
father
or
disqualified
to
mother.
inherit
Arnel
from
is
Ricky
statement
Frnaco
predeceased
Ricky,
Arlene
and
is
true,
or
FALSE
if
the
Why? (5%)
SUGGESTED ANSWER:
FALSE. Not all the relatives within the
SUGGESTED ANSWER:
cannot
inherit
from
Ricky
in
the
The
from.
descending
applicable
direct
laws
line
of
intestate
excludes
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 49 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
relatives
inherit
half
the
share
of
full-blooded relatives.
amount of P5,000,000.00.
(2). The three (3) full-blood brothers, will,
therefore, receive P1,000,000.00 each.
(3).
by
receive
right
of
representation.
(4). The two (2) half-brothers will receive
P500,000.00 each.
the
deceased
of a
heirs
SUGGESTED ANSWER:
their
will
intestate
nephew
P1,000,000.00
the
The
representatives,
will
represented
by
his
three
The share
of
the full-blood
will
receive
the
sum
of
P1,666,666.60.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 50 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
No.X.
Arthur
executed
will
which
SUGGESTED ANSWER:
allowed,
among
the
wife
rules
Erica
and
on
her
intestate
children
Intestate
Succession;
Representation:
Rights
Illegitimate,
of
Adopted
legally
adopted
Cherry
and
Michelle
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 51 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
being
Ramon.
Adoption
(10%)
personal
legal
represented
was
supposed
created
relation
only
to
purely
between
because
an
her
mother
Anna
is
adopted.
The
the
adopter
law
on
and
the
representation
in
the
problem
as
only
"respectively"
adopted
by
Ramon
alone
and
case
of
separate
adoption
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 52 of 180
hectorchristopher@yahoo.com
inherit
in
representation
of
person
is
supposed
to
dbaratbateladot@gmail.com
SUGGESTED ANSWER:
A testator may dispose of by will the free
portion of his estate. Since the legitime
of JCP is 1/8 of the estate, SGO is of
the estate and that of HBR and RVC is
of the hereditary estate under Art 889 of
the NCC, the remaining 1/8 of the estate
is the free portion which the testator
may dispose of by will.
Adoption
creates
personal
No.
illegitimate
they
legitimate
legitimate father.
cannot
children
inherit
from
of
Larry,
the
him
XII.
Ernesto,
and
how
an
overseas
much
should
Filipino
each
receive?(3%)
Legitimes; Compulsory Heirs (2012)
SUGGESTED ANSWER:
child, SGO?
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 53 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
Arthur
executed
will
SUGGESTED ANSWER:
which
the
Civil
Code
provides
that
only
be preterited.
SUGGESTED ANSWER:
The other defects of the will that can
cause its denial are as follows: (a) Atty.
Zorba, the one who prepared the will was
one of the three witnesses, violating the
three-witnesses rule;
(b) no marginal
(d)
no
pagination
appearing
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 54 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
SUGGESTED ANSWER:
SUGGESTED ANSWER:
dishonorable
like
or
disgraceful
life,
Proof
of
Death
between
her
unborn
child
as
her
sole
of
her
unboarn
child,
were
she
found
out
that
she
was
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 55 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
SUGGESTED ANSWER:
succession,
heir of his
child.
Dr.
For purpose of
Lopez
and
his
son
would
Roberto
.The
in
turn
children
inherit
of
from
Roberto,
to a surviving spouse.
Since succession is
regards
SUGGESTED ANSWER :
As to the Estate of Dr. Lopez:
the
not involved as
insurance
contract,
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 56 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
the
spouse
are
one-third
entitled
share
in
to
Roberto's
the
insurance
proceeds.
will
and
does
not
require
Cancellations (2012)
an
heir,
by
probate
but
without
alleging
authentication.
authentication
such
She
lack
claims
of
proper
that
the
alteration
that
requires
Fuentes
executed
holographic
will,
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 57 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
or compulsory heirs.
SUGGESTED ANSWER:
(3%)
SUGGESTED ANSWER:
the
formal
entitled to a legitime.
will
which
includes
the
The
that
For
the
may
he
since
purposes
Philippines,
resides,
of
an
or
probate
alien
in
testator
according
to
the
national
they
the
law
succeed,
New
of
the
how
York
testator
much
law
does
their
not
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 58 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
SUGGESTED ANSWER:
legitimate
their
preterition
marriage
the
couple
acquired
child,
is
which
tantamount
shall
annul
to
the
(Art.
Civil Code).
854,
Civil
Code);
and,
(b)
the
tragically
in
the
London
Subway
citizenship
by
naturalization
couple
acquired
substantial
begot
three
(3)
children,
Jorge,
SUGGESTED ANSWER:
marriage.
(B).
Are
valid? (2%)
the
testamentary
dispositions
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 59 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
SUGGESTED ANSWER:
Assuming the will of John and Maria was
Explain. (2%)
SUGGESTED ANSWER:
No, the will should not be admitted to
probate. Since the couples are both
Filipino citizens, Art 818 and 819 of the
Explain. (2%)
(B) X, a widower, died leaving a will stating
that the house and lot where he lived
SUGGESTED ANSWER:
Since the joint will is void, all the
testamentary disposition written therein
are also void. However, if the will is
valid, the institutions of the heirs shall
be
annulled
because
Joshur
was
his parents.
Explain. (1%)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 60 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
will,
if
the
house
and
lot
as
long
as
there
is
minor
SUGGESTED ANSWER:
Stevie cannot be a witness to a will. Art.
820 of the Civil Code provides that "any
person of sound mind and of the age of
eighteen years or more, and not blind,
deaf or dumb, and able to read and write,
may be a witness to the execution of a
will.
(C). In either of the above instances, must
the will be read to him? (1%)
Wills;
Notarial
Wills;
Blind
Testator;
Requisites (2008)
No. XIV. Stevie was born blind. He went to
school for the blind, and learned to read in
Baille
Language.
He
Speaks
English
SUGGESTED ANSWER:
If Stevie makes a will, the will must be
read to him twice, once by one of the
subscribing witnesses, and again, by the
notary public before whom the will is
acknowledged (Art. 808, Civil Code).
marriage
the
couple
acquired
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 61 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
the
died
Subway
tragically
in
the
London
will
was
being
signed,
Roberta
street in Greenbelt.
SUGGESTED ANSWER:
870,
Civil
Code).
testator,
Probate
should
be
denied.
The
Wills; Witnesses to
required;
Thumbmark
Will, Presence
as
Signature
(2007)
and
Benjamin
to
be
witnesses.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 62 of 180
451,
1914).
hectorchristopher@yahoo.com
Therefore,
the
dbaratbateladot@gmail.com
testatrix
(10%)
and
testament
is
valid
(Payad
v.
SUGGESTED ANSWER:
signed
of
donated
the
will
in
the
presence
Donation
Donations; Formalities; In Writing (2007)
by
Jennifer
to
Brad,
the
ALTERNATIVE ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 63 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
acquired
ownership
painting
through
prescription.
Under
ownership
of
of
the
acquisitive
Art.
movables
1132,
NCC,
prescribes
daughter,
Jennifer.
The
deed
prescription.
given
to
me,
hereby
freely,
Illegal
&
Impossible
Conditions (2007)
No.I. Distinguish the following concepts:
acceptance,
and
an
attached notarized
SUGGESTED ANSWER:
(8%)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 64 of 180
hectorchristopher@yahoo.com
SUGGESTED ANSWER:
dbaratbateladot@gmail.com
When
ALTERNATIVE ANSWER:
the
donor
intends
that
the
of
the
donor,
though
the
donors
death,
this
shall
be
The
deed
clearly
states
that
the
Code).
The
Civil
Code
prefers
inter
vivos
the
property
cannot
be
alienated,
under
could
the
them
1984).
revoke
to
be
the
donation;
irrevocable,
on
quality
Art.
728
of
the
Civil
Code,
mortis
causa
where
Property
extent
that
testator
cannot
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 65 of 180
deposited
properties.
on
hectorchristopher@yahoo.com
Jessica's
This
meters
property
the
her
of
Jenny's
river
from
pattern
and
dbaratbateladot@gmail.com
line
and
meters
because
causing
filled
increasing
made.
with
soil,
effectively
of
land
she
along
her
constructed
deposits
of
soil
property
concrete
and
other
of the river.
registered,
will
the
benefit
of
such
SUGGESTED ANSWER:
SUGGESTED ANSWER:
registered,
the
the
land
increased
Accretion
30 June, 1962).
meter
of
area
does
of
extend
their
not
to
such
registration
one
not
of
does
benefit
the
properties.
automatically
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 66 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
area,
beans
where
he
and
and
his
vegetables.
two
married
Ulpiano
also
should
actual
be
natural
and
R, 10 Aug 1966).
SUGGESTED ANSWER:
Marcianos contention is correct. Since
that accretion was deposited on his land
Accretion; Rights of the Riparian Owner
(2009)
in
area
by
three
hectares.
against
the
whole
world
automatically
unregistered
registered.
land,
it
is
As
an
subject
to
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 67 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
by
Marciano,
they
are
farm
extraordinary
acquisitive
proven
evidence.
by
Only
clear
and
then
convincing
would
his
bad
SUGGESTED ANSWER:
in
built
and
make
an
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 68 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
interests. (8%)
to
buy
the
considerable
SUGGESTED ANSWER:
land
more
if
its
than
value
that
of
is
the
not
choose
to
appropriate
the
house,
of
with
without
their
knowledge
and
the
the
spouses
improvement
Dela
(Art
Cruz
546,
are
Civil
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 69 of 180
Easement;
Prescription;
hectorchristopher@yahoo.com
Acquisitive
Prescription (2009)
dbaratbateladot@gmail.com
his
old
access
route
to
the
highway
SUGGESTED ANSWER:
True. In negative easements, acquisitive
prescription runs from the moment the
owner of the dominant estate forbade, by
an
instrument
acknowledged
before
and
the
determine
prejudicial
surrounding
the
way
areas,
shortest
through
and
the
and
the
to
least
servient
property.
SUGGESTED ANSWER:
1980.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 70 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
must be used.
prejudicial
to
Brandos
property,
as
after
he
has
established
the
When
there
adequate
is
outlet
already
from
an
the
existing
dominant
inconvenient,
(2)
After
payment
of
the
proper
indemnity;
need
to
open
up
the
of
right
of
way
shall
be
has
estate.
However,
the
Supreme
Court
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 71 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
servitude
or
easement
exists
cannot
it.
(4) Avas working abroad for more than
ten (10) years should not be construed as
non-user, because it cannot be implied
from the fact that she or those she left
behind to cultivate the lot no longer use
the right of way.
Note:
Since
right
of
way
is
Renunciation
easement
must
or
be
waiver
specific,
of
an
clear,
Civil Code.
ALTERNATIVE ANSWER:
like
belongs.
any
other
contract,
could
be
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 72 of 180
contract,
an
hectorchristopher@yahoo.com
easement
is
dbaratbateladot@gmail.com
generally
to Ava.
ALTERNATIVE ANSWER:
surrounded
the
by
other
estates
of
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 73 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
vault; and
share
50-50
in
the
treasure.
The
SUGGESTED ANSWER:
The notes and coins are no longer owned
by the Bank of the Philippine Islands,
which has either lost or abandoned the
vault and its contents, and it has not
taken any effort to search, locate or
recover the vault. In any case, since the
vault is in actual possession of Adam,
money,
jewelry,
or
other
precious
coins
(2013)
abandoned
by
BPI
and
its
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 74 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
SUGGESTED ANSWER:
With regard to the chattel mortgage, Art.
From the point of view of validity and
1508,
enforceability,
legal
loan,
significance
recorded
there
there
is
no
would
legal
be
may
have been
the
Chattel
in
the
Mortgage
Chattel
Law,
Mortgage
recorded,
the
mortgage
is
purpose
of
enforceability,
it
is
be
immaterial
(Mobil
Oil
v.
transmission
of
real
rights
over
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 75 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
immovable property.
of
owner,
limitations,
but
it
subject
may
to
ripen
certain
into
full
acquisitive
prescription
Occupation
is
an
original
mode
of
immovable.
treasure
and
abandoned
Occupation
is
mode
of
acquiring
preservation
of
the
property
It
is
an
original
mode
of
SUGGESTED ANSWER:
the
taxes
and
expenses
for
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 76 of 180
In
effect,
there
is
hectorchristopher@yahoo.com
dacion
en
pago
dbaratbateladot@gmail.com
SUGGESTED ANSWER:
demolition
estate
of
of
Bobby's
the
house.
decedent,
is,
Where
before
the
co-owners
shall,
without
the
dominion
compelled
remove
expense.
or
by
the
ownership
Cathy
to
structure
such
demolish
at
his
as
or
own
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 77 of 180
hectorchristopher@yahoo.com
SUGGESTED ANSWER:
dbaratbateladot@gmail.com
No.
Bobby
cannot
legally
insist
on
floating
platform
is
petroleum
operation
facility,
it
is
intended
to
property,
metal,
sea
upon
which
was
permanently
bed
i.e.
only
the
vessel
shows
which
that
it
is
was
not
plants
The
seabed.
answers. (10%)
SUGGESTED ANSWER:
and
flowers
were
planted.
property?
The thing and living quarters of the crew
SUGGESTED ANSWER:
"docks
and
structures
which,
(3)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 78 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
to
an
classified
property
the
platform
as
an
which
is
immovable
also
property
"trees,
plants
and
growing
immovable,
the
facility.
owner
of
the
tenement
for
an
the
petroleum
operation
of
land
and
the
platform
is
analogous to a building.
ALTERNATIVE ANSWER:
The trees, plants and flowers planted in
the garden area of the platform are
movable property because they are not
permanently attached t the land and do
not
form
immovable.
an
integral
The
part
of
an
is
not
an
platform
ALTERNATIVE ANSWER:
vessel is likewise a
Acquisition
of
Lands;
Sale
of
Real
place;
hence,
it
remains
movable
property.
children,
SUGGESTED ANSWER:
one
death,
of
whom,
the
heirs
Julian,
is
executed
a
an
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 79 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
because
it
contravened
the
the
suit
on
grounds
of pari
No.IV.
What
properties
are
not
registrable? (5%)
Supply this information.
SUGGESTED ANSWER:
The
SUGGESTED ANSWER:
(B).
following
properties
are
not
registrable:
service;
(3.)
Inalienable
domain;
lands
of
the
public
there
is
no
more
violation
of
the
(1).
intended
Julian.
Properties
private
for
of
public
public
use,
appropriation,
dominium
like
much
roads,
less
and
public
buildings
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 80 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
lease
and
not
otherwise,
under
the
Prescription;
Acquisitive
Prescription
(2008)
Land Act.
had
never
been
in
possession
of
the
and
alternately
wet
and
dry
SUGGESTED ANSWER:
the
prescription.
purposes.
property
through
In
the
acquisitive
present
case,
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 81 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
immovable
property
through
open,
can
he
require
Anthony
to
the
action
for
judicial
appropriate
SUGGESTED ANSWER:
can
Carlos
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Yes,
only
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 82 of 180
Purchaser
in
hectorchristopher@yahoo.com
Good
Faith;
Mortgaged
dbaratbateladot@gmail.com
Property (2008)
(2%)
appliances
therein
to
Dehlma.
Before
the
amended
Land
by
the
Registration
Property
Act,
as
Registration
lot
and
the
movables
therein.
SUGGESTED ANSWER:
Yes, Dehlma is a purchaser in good faith.
In
the
present
case,
before
Dehlma
Bank
the
deeds
was
also
the
purchaser
in
of
sheriff
conveying
to
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 83 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
land.
Phil. ,534).
following items:
The
manual
should
include
the
house? (2%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
The
Dehlma
owns
is
the
Land
from
by PD 1529).
all
movables
law
because
Juliet,
the
governing
the
furniture
and
ALTERNATIVE ANSWER:
No.IV.
Property
development
subdivisions,
Bedrock
Development
Land
Corp.
is
&
a
condominium
units
and
(1.)
registration
sites
judicial proceedings.
for
acquisition
and
development,
containing
summary
of
the
Chapter
of
III-I
land
governs
title
original
under
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 84 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
R.A.
No.
reconstitution
(4.) Section 104 governs registration of
certificates
of
land
26
of
governs
lost
or
judicial
destroyed
transfers,
(10.)
(11.)
registration
conveyances,
transfers,
mortgages,
R.A.
No.
Section
of
6732
113
governs
governs
instruments
the
affecting
and
registration
actions
after
original
like:
(a).Compulsory
Amendment
certificate of title;
Registration;
Party
Who
First
took
Possession (2013)
No.IX.Rica petitioned for the annulment of
her
ten-year
old
marriage
to
Richard.
and
alteration
of
duly
signed
and
Atty.
Cruz
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 85 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
the
liquidation
of
the
absolute
assumption
governed by
community
spouses
Garcia
commenced
the
that
the
parties
the regime
or
conjugal
of
are
absolute
partnership,
part
conjugal
of
property
the
absolute
partnership
of
the
community
of
Richard
community
or
or
and
the
SUGGESTED ANSWER:
Art
1491
of
the
Civil
Code
from
grew
settlement
up
helping
at
his
about
father,
the
time
Michael,
of
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 86 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
ownership
since
is
June
filed
12,
1945,
(Malabanan
or
v.
2009).
the
same
Decree,
which
allows
SUGGESTED ANSWER:
(Note:
With
all
due
respect,
it
is
would
advice
Manuel
to
file
an
notorious
thereof
in
open,
possession
under
bona
continuous
and
fide
incomplete
and
occupation
claim
of
of
title
imperfect
through
or
judicial
has
confirmation
held
in
substantial
Malabanan,
difference
there
between
is
no
this
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 87 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
1983).
incontrovertible
evidence
(Ong
period
of
thirty
years
for
judicial
v.
Republic,
G.R.
No.
175746,
been
in
possession
and
occupation
1073
and
1945
now
occupation
requires
since
possession
June
12,
thereon,
secure
title
through
administrative
cultivating
the
land
and
the
as
title
issued
through
land
for
taxation
purposes
and
judicial
blueprint
patent
(Sec.
118,
CA
No.
141,
as
amended).
or
whiteprint
copy
thereof
objectives
and
what
To show the classification of the land as
A
SUGGESTED ANSWER:
&
D,
the
application
must
be
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 88 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
of
approved
the
by
original
the
classification
DENR
Secretary
14,
2012).
presidential
or
(b).
An
action
against
the
National
complaint
with
the
Supreme
disbar
or
suspend
him
or
other
by Atty. Tan.
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 89 of 180
hectorchristopher@yahoo.com
Contracts
dbaratbateladot@gmail.com
construct
the
research
and
laboratory
SUGGESTED ANSWER:
to
sell,
however,
the
in
his
company.
AB
Corp.'s
The
labor
unrest
cannot
be
Page 90 of 180
will
of
the
debtor
hectorchristopher@yahoo.com
or
without
his
dbaratbateladot@gmail.com
on time.
(B).
Can
XY
Corp.
unilaterrally
and
SUGGESTED ANSWER:
True. The Civil Code provides that Any
Obligations
Must
AB
Corp.
return
the
50%
downpayment? (2%)
SUGGESTED ANSWER:
of
five
million
pesos
expense of AB Corp.
third,
fourth
and
fifth
months,
the
bank
then
declared
the
whole
of
one
million
pesos
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 91 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
building
which
XYZ
acknowledged
leased
that
from
him.
they
are
obligation
and
PN
is
no
are
due,
retention
commenced
or
the
rentals,
XYZ
the
Sarahs
compensation.
in
due
deposit
person
applying
bank
third
controversy
after
and
communicated
by
demandable
time
by
to
way
of
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 92 of 180
hectorchristopher@yahoo.com
SUGGESTED ANSWER:
dbaratbateladot@gmail.com
PN
due;
and
commenced
(4)
they
by
be
liquidated
third
persons
and
after
applying
the
rentals,
XYZ
SUGGESTED ANSWER:
building
him.
both
which
XYZ
acknowledged
leased
that
from
they
are
ALTERNATIVE ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 93 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
terms,
and
or
that
the
old
and
new
Amelia
Tan,
G.R.
No.
L-49188,
with
discharge
each
other.
Novation
is
never
the
obligation
under
Extinguishment;
Payment
of
Check
(2013)
No.VI. Lito obtained a loan of P1,000,000
from Ferdie, payable within one year. To
secure payment, Lito executed a chattel
mortgage on a Toyota Avanza and a real
estate mortgage on a 200-square meter
piece of property.
(B) Lito's failure to pay led to the extrajudicial foreclosure of the mortgaged real
property. Within a year from foreclosure,
Lito tendered a manager's check to Ferdie
to redeem the property. Ferdie refused to
accept payment on the ground that he
wanted payment in cash: the check does
not qualify as legal tender and does not
include the interest payment. Is Ferdie's
refusal justified? (4%)
SUGGESTED ANSWER:
for
the
exercise
of
right
of
his
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 94 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
SUGGESTED ANSWER:
No. Gustavo previously accepted a check
as payment. It was his fault why the
check became stale. He is now estopped
Extinguishment;
Payment
of
Check;
XVII.
Felipe
borrowed
$100
from
Claiming
that
the
previous
(B).
Can
Felipe
validly
refuse
to
pay
are
instances
when
check
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 95 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
PN
after
applying
the
rentals,
XYZ
SUGGESTED ANSWER:
SUGGESTED ANSWER:
which
XYZ
leased
from
him.
acknowledged
that
they
are
Yes,
Recardo's
property
can
be
In
solidary
obligations,
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 96 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
Code).
situations
giving
five
rise
to
examples
of
this
of
type
to
require
concerned
to
substitute
the
person
him,
if
the
2144, NCC).
or
agreement"?
incidents,
obligations? (10%)
Second
example,
indebiti
may
also
case
give
of
solutio
rise
to
an
SUGGESTED ANSWER:
obligations
2154, NCC).
that
do
not
arise
from
2.
quasi-delicts;
3.
solutio
ALTERNATIVE ANSWER:
NCC).
which
arise
from
certain
lawful,
Fourth
example,
is
when
through
2142, NCC)
gestio,
whereby
him,
takes
charge
one
of
who
the
voluntarily
agency
or
unless
the
service
has
been
Page 97 of 180
hectorchristopher@yahoo.com
not,
dbaratbateladot@gmail.com
ought
in
equity
and
good
Trust
to
(A).
concept
of
trust de
son
secure
the
performance
of
an
SUGGESTED ANSWER:
that
the
arises
in
order
to
satisfy
Page 98 of 180
hectorchristopher@yahoo.com
Sales
advanced
for
dbaratbateladot@gmail.com
her
employees (biyaheros).
Act;
Partition
of
Condominium (2009)
No.XVIII.
The
Ifugao
Arms
is
the
whole
condominium
or
more
of
the
untenantable,
and
condominium
owners
(b)
units
therein
that
holding
the
an
to
the
and
to
execute
the
he
incurred
shortage
in
cattle
grandneice
Jocelyn
who
thereafter
SUGGESTED ANSWER:
sale
properties
by
their
restoration
of
the
sale
intended
but
only
equitable
incurred
by
Domeng
in
the
the
conduct
of
the
cattle-buying
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 99 of 180
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
get
Marcelo,
sale.
the
documentation
however,
ready,
objected
Sergio
when
the
has
long
been
interested
in
the
SUGGESTED ANSWER:
Yes. Marcelo has a cause of action
against Sergio.
any
when
consideration,
promised.
time
the
before
option
as
acceptance
is
founded
something
by
upon
paid
or
case of bourbon.
is
binding
upon
him
price
if
the
another
distinct
buyer,
Roberto,
who
was
from
the
price
(Art.
1479).
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
The
Statute
or
unless
of
of
an
the
Frauds
interest
same,
covers
therein.
or
some
an
Such
note
or
and
Option
Co.
the
purchase
unilateral
price.
withdrawal
Thus,
of
Sergios
the
offer
Sergio
merely
Contract,
Inc.
v.
entered
which
Cua
into
refers
Hian
an
to
Tek
and
ALTERNATIVE ANSWER:
SUGGESTED ANSWER:
(2008)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
for
(Equatorial
rescission
of
Realty,
the
et
sale
al.
v.
to
her
Mayfair
ALTERNATIVE ANSWER:
No, Iris cannot seek rescission of the
sale of the property to Duxs mother
because the sale is not one of those
rescissible contracts under Art. 1381 of
the Civil Code.
(B). Will the alternative prayer for extension
of the lease prosper? (2%)
SUGGESTED ANSWER:
same terms.
Contracts
are
binding
between
the
SUGGESTED ANSWER:
the
subject
the
conditions
lessor
same
lawfully
terms
sell
and
the
hectorchristopher@yahoo.com
Lease
dbaratbateladot@gmail.com
Builder;
Good
Faith;
Useful
Improvements (2013)
No.IV.Anselmo is the registered owner of a
land and a house that his friend Boboy
occupied for a nominal rental and on the
condition that Boboy would vacate the
property
on
demand.
With
Anselmo's
SUGGESTED ANSWER:
Boboys claim that he is a builder in
good faith has no basis. A builder in good
faith
is
someone
who
occupies
the
on
builder-planter-sower
this
makes,
provision,
in
good
if
the
lessee
faith,
useful
improvements
he
introduced
on
the
lessee
Anselmo
Boboy
the
improvements,
even
principal
may
refused,
insisting
that
one-half
lessee
thing
of
may
the
value
of
remove
the
though
the
suffer
damage
thereby.
(IVa) Resolve Boboy's claim that as a
builder
in
good
faith,
he
should
be
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
for
removing
the
improvements
over
damages.
contracts
The
lessor,
Anselmo,
refused
to
the
same,
thing
If
in
improvements
even
may
suffer
removing
Boboy
though
the
damage
the
useful
caused
more
were
not
registered
and
is
still
not
an
innocent
at
the
time
he
bought
it.
Agency
Lease; Caveat Emptor (2009)
his
tenants,
Jude
sold
the
an Agent (2010)
No.XVI. X was the owner of an unregistered
parcel of land in Cabanatuan City. As she
was abroad, she advised her sister Y via
overseas call to sell the land and sign a
contract of sale on her behalf.
price.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
the
sell.
of
ownership
shall
notarial
pertain
document
to
of
the
sale
is
SUGGESTED ANSWER:
B-2 has a better title. This is not a case
of double sale. Since the first sale was
void. The law provides that when a sale
of a piece of land or any interest therein
is through an agent, the authority of the
acknowledging,
or
Partnership
modifying,
transmitting,
A,
partnership
B,
and
to
operate
entered
a
into
restaurant
branch
of
the
restaurant,
incurring
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
demanding
for
hectorchristopher@yahoo.com
the
payment
of
their
obligations.
dbaratbateladot@gmail.com
statement
business
is
continued
without
any
is
true,
or
FALSE
if
the
TRUE.
Partnership
is
consensual
Explain. (3%)
not in writing.
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
Creditors
actions,
can
for
file
the
instance,
an
appropriate
action
for
from
the
liabilities
of
the
However,
If
it
involves
),
and
the
inventory
of
said
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
TRUE.
hectorchristopher@yahoo.com
consensual
immovable
is
the
Code.
not
Partnership
is
property
executed
in
dbaratbateladot@gmail.com
or real
the
right
required
form
the
or
mandatory
said
oral
(Article
contract
of
his
contributions
as
return
Mutuum;
Interest;
Solutio
Indebiti
(2012)
5,
of
No.VI.a)
Siga-an
granted
loan
to
contract
public
amount
to
be
made
into
Villanueva
paid
accumulated
(1)
Partnership (2012)
Explain. (3%)
SUGGESTED ANSWER:
Is
the
payment
of
interest
valid?
SUGGESTED ANSWER:
(2) Is solution indebiti applicable? Explain.
(2%)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
SUGGESTED ANSWER:
validity
Yes,
Solutio
because
Indebiti
Villanueva
P600,000.00
dbaratbateladot@gmail.com
is
applicable
Overpaid
representing
of
the
be
Surety
interest
should
by
contract
Surety (2010)
No.III. Define, Enumerate or Explain. (2%
Guaranty
each)
Guaranty (2009)
(A).
What
is
the
difference
between
is
true,
or
FALSE
if
the
SUGGESTED ANSWER:
Guaranty and Suretyship distinguished
(1)The
obligation
in
guaranty
is
SUGGESTED ANSWER :
the
principal
debtor
cannot
pay;
debt of
pay .
another,
is
unenforceable
unless
in
(3) In guranty, the guarantor is entitled
ALTERNATIVE ANSWER:
is not entitled.
valid,
unenforceable
promise
however
answer
,it
for
is
the
debt,
or
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
(6)In
guaranty,
subsidiarlty
suretyship,
liable;
the
the
guarantor
whereas,
surety
in
binds
is
a
himself
herself
as
full
payment
of
the
loan?
Reasons. (3%)
SUGGESTED ANSWER:
Pledge
No.XVII.
obtained
loan
in
accordance
with
the
SUGGESTED ANSWER:
The contract is valid because Rosario
Damages (2012)
does
not
commissorium
amount
because
to
it
pactum
does
not
At
the
reception,
the
wedding
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
not prosper.
so.
Deeply
embarrassed
by
the
Explain. (5%)
Garden
v.
Reyes,
G.R.
No.
SUGGESTED ANSWER:
embarrassment;
hence,
did
not
ALTERNATIVE ANSWER:
hotel
the
license
to
humiliate
or
shame,
his
action
will
in
delivering
the
child
by
promised
to
marry
her,
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
SUGGESTED ANSWER:
the
discharge
of
her
duties
as
BIR
SUGGESTED ANSWER:
exemplary
could
be
awarded.
the
Commissioner
of
Internal
Revenue
rule
entity
declared
engaged
in
the
manufacture
of
the
public
invalid
officer
by
issued
was
court.
The
the
are
"Champion,"
"Hope,"
and
"More"
cigarettes.
suffered
from
the
violation
of
his
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
cannot
be
held
hectorchristopher@yahoo.com
liable.
The
facts
dbaratbateladot@gmail.com
SUGGESTED ANSWER:
Yes, my answer would be the same.
happened.
supervising
his
family
he
proves
his driver.
ALTERNATIVE ANSWER:
SUGGESTED ANSWER:
selecting
the
defense
of
case
the
driver
is
convicted
of
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
chance) (5%)
SUGGESTED ANSWER:
who
opportunity
to
had
avoid
the
the
ultimate
impending
SUGGESTED ANSWER:
No one is liable. The possessor of an
animal or whoever may make use of the
same is responsible for the damage it
may cause, although it may escape or be
lost. This responsibility shall cease only
in case the damage should come from
force majeure or from the fault of the
person who has suffered damage (Art
2183, NCC).
Liability;
Special
Parental
Authority
(2010)
No.XII. On May 5, 1989, 16-year old
Event (2010)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
Explain. (2%)
SUGGESTED ANSWER:
With respect to the damages caused to
the jeepney, only Rozanno should be
held liable because his negligence or
SUGGESTED ANSWER:
Explain. (2%)
SUGGESTED ANSWER:
Since Rozanno was 16 years old in 1989,
if the incident happened sometime in
the middle of 1994, Rozanno have been
21 years old at the time. Hence, he was
already of legal age. The law reducing
the age of majority to 18 years took
effect in December 1989.
the school,
consequences
also
of
negligent
of
his
and
act
such
unless
his
negligence
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
claims? (8%)
SUGGESTED ANSWER:
exercise)
and
the
taxi
driver
(3)
where
suffered
hospitalized
negligence
and
was
subsequently
Causal
my
connection
client,
injury
of
as
the
the
a
between
bicycle
result
the
rider,
of
the
over-speeding
taxi
ofP1,000,000
moral
actual
damages,P200,000
damages, P200,000
damages, P1
00,000
exemplary
nominal
damages
on
the
rehabilitation
will
also
be
evidence
testimonial)
(documentary
and
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
fraudulent,
reckless,
the
plaintiff
entitled
to
must
moral
oppressive,
show
or
that
he
or
is
compensatory
damages.
which
probable
Unlike
are
the
actual
natural
damages,
and
no
proof
of
In
support
of
this,
will
There
must
be
proof
pecuniary
estimation, however.
Moral damages can be recovered by my
of
each)
quasi-delict
causing
physical
defendant
acted
in
wanton,
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
fact,
in
decisions,
number
the
two
of
Supreme
terms
have
Court
been
(1)
(2)
Those
tortfeasor
Persons
or
vicariously
the
person
liable
under
quasi-delict.
(b)
SUGGESTED ANSWER:
That
negligent
although
his
the
defendant
negligence
is
not
is
the
Law
is
Anglo
a
American
Civil
Law
or
Common
concept
(Wikipedia
encyclopedia).
(e)
That
the
cause
of
action
ALTERNATIVE ANSWER:
has
s (Article
2179 NCC ).
Quasi
-tort
is
considered
as
the
The
fact
that
the
plaintiff
had
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
MULTIPLE CHOICE
per
Taxation
Law
and
not
by
right
of
QUESTIONS
2013
capita,
dbaratbateladot@gmail.com
Exam
(C) P300,000.
(D) P400,000.
SUGGESTED ANSWER:
Bobby;
illegitimate
net
value
of
Armand's
half-blood
brother
of
is
Pl,200,000.
the
iron
curtain
rule
which
inheriting
(1%)
(A) P200,000
(B) P300,000
ab
intestao
from
the
(C) P400,000
(D) P150,000
estate . (1%)
(A) P 0.
SUGGESTED ANSWER:
(B) P400,000.
(C) P150,000.
(D) P200,000.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
legal
relationship
dbaratbateladot@gmail.com
created
by
divided
only
between
the
two
other
estate? (1%)
(A) P400,000.
(B) P150,000.
(C) P300,000.
(D) P0.
(E) None of the above.
SUGGESTED ANSWER:
(D). No, as the release of the share of one
SUGGESTED ANSWER:
sisters,
share
Felix
is
grandson
of
to
the
debtor
paying
the
predeceased brother.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
Basilio
(the
creditor)
must
first
be
exhausted)
property.
instrument.
estate
indicates
that
he
has
bound
himself
mortgage.
The
sale
confers
inequitable.
instrument.
Since
to
mortgaged property.
the
Diego,
mortgage
who
is
is
the
in
buyer
public
if
the
ALTERNATIVE ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
estate
confers
expenses.
mortgage.
The
sale
SUGGESTED ANSWER:
(D) No, Jose's refusal is not justified. The
delivered
the
car,
Jose
brought
it
to
expenses.
two
questions
below
based
on
these
common facts.
The
bailee,
Jose,
has
no
right
of
costs of P 18,000.
Code).
all
the
expenses
incurred
for
the
extraordinary
car.
expenses,
but
subject
to
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
Securities
and
losses.
liable.
the
partnership
partnership
person.
partnership
partners.
Exchange
However,
incurred
assets
had
were
an
Commission,
in
2007,
net
loss
insufficient
unpaid
the
to
liability
ofP300,000.
SUGGESTED ANSWER:
(C) Yes, Jose is liable to Cruz. Since Jose
(A) P160,000.
(B) P175,000.
(C) P280,000.
(D) P200,000.
Code).
SUGGESTED ANSWER:
(C) P280,000.
profits.
of
of L, M, N, O is 1:1:1:2, respectively.
Partnership,
registered
with
the
P800,000
less
P100,000
is
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
valid
limited
partner,
in
the
net
loss
stipulation
exempting
him
from
of P500,000? (1%)
(A) P 0.
(B) P1 00,000.
(C) P125,000.
(D) P200,000.
SUGGESTED ANSWER:
(D) P200,000
with
partnership.
partner
in
the
losses
shall
be
the
requirements
of
limited
SUGGESTED ANSWER:
accurate.
Homer
on
partner.
for
time,
delivery
within
transportation
month,
problems
and
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
As
lending
investor,
Gary
granted
obligation.
was
thus
compelled
to
demand
SUGGESTED ANSWER:
(B)
No.
Homer
was
not
justified
in
of
parties.
guaranteed.
ambiguous.
(B)
No.
abide
anticipated
by
it.
other
of
must
justified
Gary
must
not
and
sale
was
sale
in
the
Homer
the
abide
by
it.
tape
did. Such
parties.
to
accept
the
delivery.
The
contract
period? (1%)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
(A)
Yes,
Gary
hectorchristopher@yahoo.com
to
Non-
or
to
immediately
security
can
pay
compel
the
renders
Isaac
dbaratbateladot@gmail.com
loan.
the
obligation
the
creditor
the
guaranties
or
Yes,
to
after
(C)
compel Isaac to
children.
No,
Gary
Gary
can
compel
cannot
Isaac
take-off
from
Agana,
Guam,
(D)
No,
Gary cannot
compel Isaac to
burdensome
pay
the
for
the P1,000,000
Isaac
simply
to
because
SUGGESTED ANSWER:
(A)
Yes,
Gary
immediately
can
pay
the
Isaac
loan.
to
Non-
security
renders
the
obligation
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
death.
(C)
married Jaime.
marriage.
The marriage
is
void.
Lito's mere
was never
absence
For
the
purpose
years,
it
being
all
institute
succession.
summary
contracting
seven
the
of
of
proceeding
as
purposes,
except
This
for
provision
those
was
of
not
of
the
reappearance
of
the
absent
spouse.
of
the
following
actions
or
of real property.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
ALTERNATIVE ANSWER:
defaults.
becomes due.
of Rules of Court.
SUGGESTED ANSWER:
Civil Code)
of real property.
unenforceable
the
(d)
vendor
possible answer.
refuses
contract
to
return
under
the
down
The
fact
that
debtor
has
month's
indebiti.
jewelries,
time.
Instead
of
selling
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Tambunting
hectorchristopher@yahoo.com
Pawnshop,
and
used
dbaratbateladot@gmail.com
the
jewelries.
Tambunting
raised
the
SUGGESTED ANSWER:
business.
faith is inconsequential.
(B)
will
rule
Betty.
insignificance
unlawful
dictates
be
jewelries.
that
in
in
light
favor
of
the
Tambunting
of
must
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
contract.
payments
would
amount
to
unjust
enrichment.
contract of lease.
SUGGESTED ANSWER:
Master
of
Laws
scholarship
at
King's
contract of lease.
contract
payments
she
made.
Arlene
refused,
is
aside
the
ambit
of
the
accept
the
scholarship
and
continued
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
enforceable.
2012
Taxation
Law
Exam
and
sell
determinate
thing
is
it is not acquired.
reciprocally demandable.
through death.
consideration.
2.
Which
of
the
following
is
NOT
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
Philippine law.
c) No, attestation clause is not an
d)
Spanish law.
No,
the
governing
law
is
a) Cause of action
b) Foreign element
c) Jurisdiction
be governed by the:
heirs
opposition
of his death
died
properties
of
the
decedent
is
still
not
correct
because
are
located.
Filipino
answer..
a) Yes, because it is a fatal defect.
son,
Ramgen.
Ramons
other
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
will govern?
material.
a) Thailand law
b) Philippine law
c) Singapore law
d) Japanese law
important
public
policy
of
the
forum;
a) American law
b) Philippine law
Philippines;
c) Canadian law
c)
when
the
foreign
law
or
d) Japanese law
when
the
foreign
law
is
procedural in nature.
born
became
his
Filipino
death,
testamentary
what
citizen
law
provisions
but
will
if
govern
the
will
its
is
a) Japanese law
b) Philippine law
a) Chinese law
c) French law
b) Philippine law
d) Malaysian law
c) Indonesia law
d) Japanese law
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
a) American law
a) Philippines laws
b) Philippine law
c) Australian law
spouses reside
d) Japanese law
married.
a)
cannot
be
probated
in
the
Philippines;
b)
may
the
Philippines;
valid.
d)
may
be
be
Philippines
probated
probated
provided
in
in
it
the
was
Philippine laws?
was executed.
a) Valid
b) Void
c) Voidable
entered
d) Dissolved
into
contract
in
Australia,
Philippines,
the
Pedro.
In
and
case
in
payment
Pedro
for
performs
his
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
between
Charice
and
Bugoy
under
Philippine laws?
a) Valid
Ricky
would
not
have
married
b) Void
Princess.
c) Voidable
d) Unenforceable
marriage.
between
Charice
and
Bugoy
under
Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
20. Audrey, single, bought a parcel of land
18. What is the status of the marriage
between
Regine
and
James
under
Philippine laws?
a) Valid
ownership
of
the
property,
although
b) Void
c) Voidable
d) Unenforceable
threatened
Ricky
with
the
filing
of
conjugal or paraphernal?
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
b)
best answer.
The
land
is
paraphernal
a)
Void,
because
official
solemnize
Filipinos.
partnership funds.
marriage.
same.
only
consular
21.
Ernesto
donated
worth P 32,000
mobile
between
solemnize
marriages.
donation
orally
to
to
The
Hubert
phone
authority
marriages
official
consular
and
a)
to
has
the
is
void
and
back.
be anulled.
Australian
answers wrong).
consular
Australia.
citizen,
office
got
of
According
married
the
to
in
Philippines
the
laws
the
in
of
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
observed.
other.
24.
The
husband
may
impugn
the
ground that:
a)
the
wife
is
suspected
of
27.
husband
infidelity.
hidden
treasure
property
discovered treasure?
of
his
The
by
chance
on
the
wife.
paraphernal
Who
owns
a)
husband (finder)
d) he is physically incapable of
conjugal partnership.
sexual intercourse.
solemnized
pertaining
belongs
to
the
sexual intercourse.
owner)
half
discovered
the
belongs to the
to
the
conjugal
partnership.
marriage
the
d) a and b
parties
with
believe to
have the
authority.
c) between parties both 23 years of
26.
In
legal
separation,
which is not
correct?
c)
Between
parents-in-law
children-in-law.
d) b and c
and
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
a)
Children
conceived
or
born
marriage, except?
spouses.
moral turpitude.
b)
Concealment
of
sexually-
marriage,
marriage.
but
the
parents
later
marriage.
established
instances, except:
in
any
of
the
following
before
the
celebration
of
the
marriage.
b)
The
his filiation.
donation
shall
be
spouses.
b) 27 and 16
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
c) 50 and 10
d) 18 and 15
to
be
subjected
to
acts
of
lasciviousness.
34. Under RA 8043, a child qualified to be
adopted is any person below _____ years
old.
is wrong?
a) 18
b) 21
c) 15
d) 16
right
of
reimbursement
authority?
the
production,
gathering
for
and
expenses.
38.
acts, except:
Which
phrase
most
accurately
harshness or cruelty.
counsel or example.
will.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
a) Accion publiciana
b) Accion reinvindicatoria
c) Accion interdictal
d) Quieting of Title
incurred.
a) Accion publiciana
b) Accion reinvindicatoria
himself, except:
c) Accion interdictal
a) Will/Succession
d) Quieting of Title
b) Mortgage
c) Pledge
d) Lease
the State.
possession
of
real
estate,
upon
mere
of a better right
c) rivers.
the sea.
SUGGESTED ANSWER:
b) Accion reinvindicatoria
This
c) Accion interdictal
d) Quieting of Title
question
should
be
disregarded
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
donation.
the AFP are not for public use, they are used
service.)
of donation.
d) the donee confirms that the donor
is wrong?
a) patrimonial property of the
obligation, except:
for
public
use
or
for
public
a) Juridical/Legal Tie
b) Active subject
public dominion.
c) Passive subject
d) Consideration
not
of
public
dominion,
is
patrimonial property.
a) Obligation
property
b) Juridical necessity
for
public
use
and
patrimonial property.
d)
Property
is
c) Prestation
either
of
public
d) Contract
49.
It
is
juridical
relation
arising
The following
cannot
ask for
the
b) Devisees or legatees
a) Quasi-contract
b) Quasi-delict
d)
c) Cotract
donee.
d) Delict
---
delict, except:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
a) Act or omission
b) Fault/negligence
c) Damage/injury
a) Negligence
d) Pre-existing contract
b) Fraud
c) Delay
if
he
is
guilty
of
any
of
d) Mistake
the
following, except:
a) default (mora)
b) mistake
c) negligence (culpa)
of the debtor.
b)
is unforeseeable/unavoidable.
The
event
obligation
obligations.
in
normal
manner;
a) Mora accipiendi
b) Mora solvendi
d)
c) Compensation morae
d) Solution indibiti
creditor.
Debtor
contributed
to
the
solvendi, except:
and
instances, except:
is
determinate,
due,
maturity date.
loss.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
negligence
is a prohibited pleading.
or
contravened
delay
the
or
tenor
if
of
he
the
obligation.
57.
Buko,
themselves
Fermin
solidarily
and
his co-debtors?
Buko
pay
bound
the
a)
to
Toti
cas
Ayee
ask
for
reimbursement
of
Fermins
and
Totis
Toti.
already prescribed.
damages.
solidary.
Ayee.
58.
Buko,
Fermin
and
Toti
bound
of Buko.
payment
of
the P 10,000.00.
Buko
debtors
under
loan
obligation
obligation is solidary.
pay?
a) P 200.000.00
b) P 300,000.00
them simultaneously.
c) P 100,000.00
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
d) P 150,000.00
dbaratbateladot@gmail.com
is correct?
promissory
mere consent.
notes
payable
to
writing.
If
its
an
ordinary
check,
no
payment.
b) Mutuality of contracts
as cash.
c) Autonomy of contracts
d) Relativity of contracts
compensation, except:
a) That each of the obligors is bound
other.
b) Mutuality of contracts
c) Autonomy of contracts
d) Relativity of contracts
yet due.
is binding
not
only between
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
in
offeree.
interest,
and
assignees
of
the
c) Qualified/conditional acceptance
stipulation or by law.
offer.
d)
Subject
matter
becomes
b) Mutuality of contracts
c) Autonomy of contracts
is communicated.
d) Relativity of contracts
70. Which of the following statements
67. It is rule which holds that the freedom
is correct?
freedom
to
stipulate,
provided
the
c) Business
b) Mutuality of contracts
are definite
c) Autonomy of contracts
specific acceptance.
d) Relativity of contracts
d) Advertisements
are only
advertisements
offers
that
for
invitations
require
Bidders
to
make
innominate
not
contracts
are
regulated, except:
By
the
to
accept
the
bound
appears otherwise.
general principles of
71.
writing), except:
The
following
movables
exceeds P 5,000.00.
a)
Death,
civil
interdiction,
are solemn
if
the
value
loans.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
d)
hectorchristopher@yahoo.com
Construction
contract
of
building.
dbaratbateladot@gmail.com
72.
The
following
are
rescissible
contracts, except:
a)
Entered
into
by
guardian
party.
75.
contracts, except:
c)
Contracts
committed
on
where
fraud
creditor
is
following
are
void
a) Pactum commissorium
(accion
pauliana).
d)
The
c) Pactum leonina
Contracts
entered
into
by
d) Pacto de retro
minors.
76. The borrower in a contract of loan or
73. The following are the requisites before a
a) If there is an agreement in
b) As a matter of course.
prior
to
the
celebration
of
the
contract.
large.
maturity date.
77.
The
liability
administrators
character of rescission)
and
of
the
school,
teachers,
or
its
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
b) quasi-contract
c) civil
d) natural
83.
Consent
was
of
given
representation
things arises.
a) voidable
b) rescissible
c) void
another
by
one
in
but
without
d) unenforceable
79. If one of the parties to the contract is
a) voidable
b) rescissible
c) void
d) unenforceable
a) voidable
b) rescissible
c) void
d) unenforceable
b) rescissible
c) void
d) unenforceable
public
instrument
where
his
oral.
a) pure
worth P 4,500.00.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
answer.
is rescissible.
d)
The
contract
between
the
by the parties.
contract
annullable
if
b)
consent.
d)
Absolute
simulation
of
Contracts
take
effect
only
contract.
stipulation
The
person,
offer
was
orally
accepted.
By
in
he
favor
may
of
third
demand
fulfillment
one-month
d)
from
their
oral
agreement.
In
provided
its
contracts
he
creating
real
the
thereby.
not
successfully
sue
contract
are
not
bound
Aligada
89.
Which
phrase
most
accurately
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
following, except:
instrumental witnesses;
c) notary public;
d)
the
instrumental
witnesses
follows, except:
a) Death of decedent
b) Transmissible estate
c)
Existence
and
capacity
of
94.
The
following
are
the
formalities
or law
d) Payment of Taxes
will, except:
a) Entirely written;
b) Dated;
follows, except:
a) It is a legal contract.
b)
Only
property,
rights
b)
The
testator
was
insane
or
death, except:
of fear or threats.
a) Legal support
b) Parental authority
clause.
c) Right to inherit
d) Agency
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
buy
referred to?
certain
merchandise
or
specified
a) Option Contract
a) reserva troncal
b) Contract to Sell
b) preterition
c) Contract of Sale
c) fideicommissary
d) Lease
d) disposicion captatoria
97.
Any
disposition
made
upon
the
agent,
whose
authority
EGMs
not
a) reserva troncal
KRP,
b) preterition
authority
c) fideicommissary
writing.
d) disposicion captatoria
is
agent,
is
not
whose
reduced
into
Which
phrase
most
accurately
entirely lost:
a) the buyer bears the risk of loss.
b) the contract shall be without
any effect.
for
which
he
has
paid
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
the
original debtor?
new
declaration of absence.
debtor
became insolvent
and
and
obligation.
supervision,
instruction,
or
custody
is
called
this
relieved
him
of
his
(C)
the substitution.
The
original
debtor
remains
a contract of sale?
(A)
No,
since
it
will
put
the
part.
policy.
accommodated
Lennie
lives.
countered
only
be
ascertained
after
the
in
the
suffered
quasi-delict
paid.
correct?
that,
business
the
discomfort
since
could
class.
her
arise.
Is
and
travel
the
was
airline
tainted
as
in
this
case
with
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
malice.
take place.
donation
present.
act.
instrument.
delict.
(D)
Yes,
since
quasi-delict
of
an
immovable
are
contractual
relation
(6)
Which
of
the
following
is
an
property.
property.
of fraud.
the property.
property.
it.
Meantime,
to
express
his
affection,
(9)
Lucio
executed
simple
deed
of
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
(D)
No,
since
impediment
inheritance to a stranger.
to
there
Raul
was
no
selling
his
shares.
principle of
donor
because
accretion
applies
the
donation
did
not
died.
and
evidence.
not
sufficiently
proved
by
law.
him
within
the
required
time
Raffys
Marianne
right
conformity.
only
with
his
learned
of
his
previous
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
since
Philippine
recognize divorce.
law
does
not
which
is
ground
for
annulment.
property.
institution of marriage.
industrial
partners
for
partnership
(A) Pro-rata.
(B) Joint.
(C) Solidary.
(D) Voluntary.
nullified.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
(B) Valid.
(C) Void.
(D) Unenforceable.
registry
of
property,
upon
the
building.
immovable.
daughter
build
her
family
home on it.
(A) rescissible.
(B) void.
(C) unenforceable.
(D) voidable.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
their
they
annulled
property
relations.
When
of
the
latters
their assets?
will
interests to Solomon.
governing
the
declared
marriage.
but
ground
They
(D) The
partnership
on
shall
go
the
(A)
to
(C) The
follow
the
liquidation
void,
the
liquidation
of
rule
of
applies
rule
since
for
co-
ownership
the
conjugal partnership.
property
marriage.
wife
(D)
without
the
benefit
of
marriage.
regimes
The
law
on
without
liquidation
of
partnerships applies.
marriage
(a)
on
the
paternity
of
the
(A) Legitimated.
(B) Illegitimate.
valid?
(A) No,
because
marriage
(D) Legitimate.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
(B)
Yes,
hectorchristopher@yahoo.com
since
ante-nuptial
dbaratbateladot@gmail.com
(C)
No,
settlement
because
cannot
marriage
include
an
illegitimate child.
verbal contract.
(28) The husbands acts of forcibly ejecting
(26) Spouses X and Y have a minor
education.
back constitutes
Both
and
Y,
who
are
just
(A) desertion.
(B) recrimination.
(B) brother.
(C) uncle.
designating
beneficiary.
(A)
Illegitimate,
because
Y,
his
The
wife,
as
his
designation
sole
was
Gloria
Fidels.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
insurance benefits?
gets 1/2.
based on Ys fault.
(D)
Yes,
since
revocation,
Xs
without
judicial
designation
of
the other?
family
may
spare,
regardless
of
value.
moderate
and
intended
for
apple.
his lifetime.
excess apples.
(C) He can keep the 6,000 apples
since
anyway.
(D)
the
He
seller
can
delivered
cancel
the
them
whole
3/4.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
from
dbaratbateladot@gmail.com
suffered
poisoning
caused
by
hold?
(A) Unenforceable.
bought it.
(B) Voidable.
(C) Rescissible.
(D) Void.
have the
presumption.
right
to
demand
from X
fact to Y.
demand.
Fernandos estate?
(D)
No,
because
waived
the
not written.
inhuman
and
oppressive
and
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
(A) It
is
an
ordinary
woman.
or groom.
in mind.
nuptias
since
the
donation
bride
would
her parents.
(A)
No,
since
the
building
was
settlements.
What
law
governs
their
property relations?
(A)
left on it.
both Filipinos.
building
without
the
Xs
fault
They
may
choose
between
Spain.
brides
parents
shortly
childrens
wedding.
The
accepted.
What
the
donation?
is
before
their
donation
was
nature
of
the
continue to exist?
(A) In case of re-appearance of a
missing person presumed dead.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
stops
laws.
reason.
(C)
In
case
of
presumptive death
declaration
of
of
a missing
spouse.
schooling
(D) the
need for
without
valid
support
of
their farms.
offered.
(B)
it.
policy.
Yes,
being
an
attractive
Illegitimate
brothers
and
sisters,
child.
it.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
(48)
Illegitimate
children,
those
not
condition.
rest.
(B)
under
the same
terms and
conditions as before.
(C) mother.
(D)
biological
father
unless
he
fix.
(D) for only a year, with the rent
(47)
of Asiong's land?
on
Rex,
such
acceptance
philanthropist,
lot
within
of
the
donated
2 years from
its
donation.
The
(B) No,
Asiongs
approval.
(A) Yes,
since
the
donation
since
Boyong
loan
paid
without
for
his
is
banks consent.
municipality.
been completed.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
are
effective.
spent.
they
can
be
given
retroactive
effect.
immutable
and
remain
(51)
Rudolf
Rodrigo
borrowed
and
Fernando
P1
million
who
from
acted
as
effect.
and Fernando.
Rudolf.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
when
acted
the
proper
heirs
are
instituted.
(D) Yes,
beyond
his
territorial
the
illegitimate
recognition
heir
is
of
an
an
ample
of the child?
were
workers.
claim.
separated
when
they
were
quite
Boracay.
cousins.
Since
the
Judge
maintained
first
declaration
(A) Valid,
since
the
improper
securing
of
a
nullity
judicial
of
his
marriage to Y.
all
the
elements
of
valid
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
goods.
SPA
provided
and
to
protect
his
agreement
rescission.
(D)
failing to appear.
No,
regarding
the
seller
automatic
should
first
sexual infidelity
on the plaintiff.
directly to himself.
(C)
Yes,
since
Allan
made
no
to
compromise
purposes of filing.
hurtful to everyone.
been
rescission valid?
settled
agreement
with
the
for
parties
since,
character
of
consumables,
deteriorate.
having
the
movables
and
easily
rice
can
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
will?
death
(B) Australian
administration
of
his
property?
(A)
of
will
is
since
the
the
law
on
governed
by
the
With
Ricardo
no
longer
an
of his properties.
given
(D)
Philippine
law
since
by
the
court
over
the
the
jurisdiction
proceedings
to
Philippines.
administrator
whom
having
intestate
new
it
will
appoint.
(61) X bought a land from Y, paying him
administrator
of
Ricardos
estate
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
action prosper?
or unable to inherit?
imprescriptible.
(C) State.
years
from
the
date
of
the
freely given.
(A)
No,
because
must
to the husband.
entitled.
been
(B)
dissolved,
the
wife
the
husband
Solidary
or
joint
upon
the
discretion of Sam.
leaving the
support
is
not
subject
to
any
condition.
(67) Joanne married James, a person with
(65) In the order of intestate succession
When
James
died,
his
estate
alone
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
Philippines?
probated
in the
(B) No,
known as the
since
Philippine
law
values
that
the
generally
adherence
law accepts.
to
precedents
in
order
to
country
where
it
was
executed,
celebrationis."
case.
(B) When the application of the
doctrine
would
cause
great
(D) When
the
precedent
has
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
(B) Yes,
insofar
as
acknowledged
illegitimate child.
Mary
Arnold
as
his
take place.
it.
and wife.
(B) Yes,
because
the
waiver
is
recognized by law.
other heirs.
judicial
issuance
of
and
Josephine
agreed
in
public
marrying Leonora.
Arnold
acknowledged
instrument
Mary,
is
that
the
Josephines
daughter
valid marriage.
since
the
child.
None,
illegitimate
same
But
(A)
his
in
instrument
divorce.
unrelated matter.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
(76)
X,
who
dbaratbateladot@gmail.com
was
abroad,
phoned his
absolute
P1,500,000
by
representation
since
right
their
of
father
sale
covered
the
made.
(B) Void,
since
should
have
C.
sale.
accretion.
deed of sale.
demise of "A".
issued
prior
efforts
at
(D)
without
prior
investigation
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
(A)
the
hectorchristopher@yahoo.com
obligor
has
moral
(80)
When
dbaratbateladot@gmail.com
the
donor
gives
donations
support
or
for
the
support
of
his
to do or not to do.
but
authorizes
the
obligee
to
kindness.
performance.
(79)
The
husband
administration
of
the
assumed
familys
sole
mango
the
donations
impaired
the
dependents.
with
company,
possession
and
management
giving
it
the
of
wifes consent.
Annes
extinguished?
obligation
be
considered
managers
check,
which
is
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
(C)
Yes,
hectorchristopher@yahoo.com
since
Anne
tendered
dbaratbateladot@gmail.com
Philippines.
laedas.
became
owners
of
the
land
through
sued
owners,
and
claim correct?
publicly,
peacefully,
Jennifer
and
Laura,
Jennifers
that
through
it
in
going
to
the
highway.
such
efforts
failed.
The
judge
dismissal in order?
passage.
amicable
relatives.
prescription.
claims.
settlement
among
to court.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
would
ordinarily
mediate
the
and
wife
before
officiating officer.
correct?
to pay.
foreclosure
property
to
after
redeem
the
mortgaged
the
of
the
(A) Dante.
of
the
performance
mortgage
of
but
his
default
the
conditions
before
the
sale
in
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
lawfully married.
child
shall
always
remain
illegitimate.
qualified
to
marry
each
other
separate
juridical
relationship
legatee.
(A) Rescissible.
(B) Unenforceable.
(C) Voidable.
(D) Void.
(91)
Can
properties
common-law
of
spouses
substantial value
donate
to
one
another?
No,
because
had
no
Y.
value
prevent
disadvantage.
to
each
other
to
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
(A)
Josie
hectorchristopher@yahoo.com
and
conjugal
on a 50-50 basis.
case sooner.
(D) When
value
of
the
the
dbaratbateladot@gmail.com
house
and
the
the
plaintiff
is
in
is
to
reimburse
conjugal
partnership expenses.
appear
her
the
conjugal
exclusive
house
property,
belongs
to
the
but
They
partnership.
question
the
validity
of
their
An
action
for
reconveyance
of
age;
their
cohabitation
also
(C)
Yes,
since
the
marriage
is
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
donation.
the will.
the donation.
donation.
its execution.
(99)
Before
Karen
married
Karl,
she
separated
in
Hardworking
fact
and
for
several
years.
bright,
each
earned
exclusive property?
incomes?
wife.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
(D) It
is
hectorchristopher@yahoo.com
Karens
exclusive
dbaratbateladot@gmail.com
injuries
that
resulted
in
the
that
the
accident
would
result in Ys abortion.
(C) No,
since
birth
determines
Consequently,
under
Article
from
its
total
or
partial
the
structure
the
same
should
the
building
hectorchristopher@yahoo.com
ALTERNATIVE ANSWER:
dbaratbateladot@gmail.com
Lot
(1%)
belonging
to
spouses
1723
the
engineer
Y,
Article
&
Under
or
SUGGESTED ANSWER:
or
architect
or
contractor
land
and
the
other
one-half
is
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
mother
dbaratbateladot@gmail.com
or
alone,
even
in
public
chance.
convenient to him.
covered
an
SUGGESTED ANSWER:
the
the
Since
be
in
public
SUGGESTED ANSWER:
No. 3.
not valid.
The validity of the will is not affected by
the legacy in favor of the son of an
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
ALTERNATIVE ANSWER:
ALTERNATIVE ANSWER:
in
favor
of
the
son
of
an
SUGGESTED ANSWER:
(C). a necessary deposit
(A). bailor;
(B). bailee;
(C) comodatario;
(D). all the above;
(E). letters a and b
SUGGESTED ANSWER:
(E). letters a and b
fruits of an immovable;
(C). Involves the payment of interests, if
owing;
(D). All of the above;
(E). Letters a and b
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
(D).
1/3
of
dbaratbateladot@gmail.com
the
total
debts
must
be
SUGGESTED ANSWER:
operate
and
pending;
the
business
efficiently
their answers.]
the
business
efficiently
and
Answers
to
Bar
Examination
pending;
UP LAW REVIEW
lawphil.net
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige