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Civil Law

Civil Law

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Published by Myron Gutierrez

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Published by: Myron Gutierrez on Jun 09, 2009
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09/16/2010

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BAR EXAMINATION 2006CIVIL LAW
10 September 2006 8 A.M. 12 Noon
INSTRUCTIONS
This questionnaire consists of sixteen (16) numberscontained in ten (10) pages. Read each question verycarefully. Answer
legibly, clearly, 
and
concisely 
. Starteach number on a separate page; an answer to a sub-question under the same number may be writtencontinuously on the same page and immediatelysucceeding pages until completed. Do not repeat thequestion. A mere “Yes” or “No” answer without anycorresponding discussion will not be given any credit.HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
GOOD LUCK!!!
 _____________________________ CHAIRPERSON2006 BAR EXAMINATION COMMITTEEPLEASE CHECK THE NUMBER OF PAGES IN THIS SETWARNING: NOT FOR SALE OR UNAUTHORIZED USE
CIVIL LAW Page 1 of 10
 
 
 
CIVIL LAW Page 2 of 10-
 
I -Under Article 213 of the Family Code, no child under 7 years of age shall be separated from the mother unless the court findscompelling reasons to order otherwise.(1) Explain the rationale of this provision. 2.5%(2) Give at least 3 examples of “compelling reasons” which justify the taking away from the mother’s custody of her childunder 7 years of age. 2.5%- II -Saul, a married man, had an adulterous relation with Tessie. Inone of the trysts, Saul’s wife, Cecile, caught them
in flagrante 
. Armed with a gun, Cecile shot Saul in a fit of extreme jealousy,nearly killing him. Four (4) years after the incident, Saul filed anaction for legal separation against Cecile on the ground that sheattempted to kill him.(1) If you were Saul’s counsel, how will you argue his case?2.5%(2) If you were the lawyer of Cecile, what will be yourdefense? 2.5%(3) If you were the judge, how will you decide the case? 5%
 
 
CIVIL LAW Page 3 of 10- III -Ed and Beth have been married for 20 years without children.Desirous to have a baby, they consulted Dr. Jun Canlas, a prominentmedical specialist on human fertility. He advised Beth to undergoartificial insemination. It was found that Ed’s sperm count wasinadequate to induce pregnancy. Hence, the couple looked for awilling donor. Andy, the brother of Ed, readily consented to donatehis sperm. After a series of tests, Andy’s sperm was medicallyintroduced into Beth’s ovary. She became pregnant and 9 monthslater, gave birth to a baby boy, named Alvin.(1) Who is the father of Alvin? Explain. 2.5%(2) What are the requirements, if any, in order for Ed toestablish his paternity over Alvin. 2.5%- IV -Gigi and Ric, Catholics, got married when they were 18 yearsold. Their marriage was solemnized on August 2, 1989 by Ric’suncle, a Baptist Minister, in Calamba, Laguna. He overlooked the factthat his license to solemnize marriage expired the month before andthat the parties do not belong to his congregation. After 5 years of married life and blessed with 2 children, the spouses developedirreconcilable differences, so they parted ways.While separated, Ric fell in love with Juliet, a 16 year-oldsophomore in a local college and a Seventh-Day Adventist. Theydecided to get married with the consent of Juliet’s parents. Shepresented to him a birth certificate showing she is 18 years old. Ricnever doubted her age much less the authenticity of her birthcertificate. They got married in a Catholic church in Manila. A yearafter, Juliet gave birth to twins, Aissa and Aretha.

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