Bar Examination Questionnaire for Civil Law Set A 1.When does a declaration of absence of a missing erson ta!

e effect" A. #mmediatel$ from the issuance of the declaration of absence. B. % months after the ublication of the declaration of absence. C. & months after the ublication of the declaration of absence. '. 1( da$s from the issuance of the declaration of absence. ). *he authorit$ that school administrators exercise over school children under their su ervision+ instruction+ or custod$ is called A. legal arental authorit$. B. substitute arental authorit$. C. ordinar$ arental authorit$. '. s ecial arental authorit$. %. Can future inheritance be the sub,ect of a contract of sale" A. -o+ since it will ut the redecessor at the ris! of harm from a tem ted bu$er+ contrar$ to ublic olic$. B. .es+ since the death of the decedent is certain to occur. C. -o+ since the seller owns no inheritance while his redecessor lives. '. .es+ but on the condition that the amount of the inheritance can onl$ be ascertained after the obligations of the estate have been aid. /. 0 on the ro osal of a third erson+ a new debtor substituted the original debtor without the latter1s consent. *he creditor acce ted the substitution. Later+ however+ the new debtor became insolvent and defaulted in his obligation. What is the effect of the new debtor1s default u on the original debtor" A. *he original debtor is freed of liabilit$ since novation too! lace and this relieved him of his obligation.

B. *he original debtor shall a$ or erform the obligation with recourse to the new debtor. C. *he original debtor remains liable since he gave no consent to the substitution. '. *he original debtor shall a$ or erform (23 of the obligation to avoid un,ust enrichment on his art. (. Lennie bought a business class tic!et from Alta Airlines. As she chec!ed in+ the manager downgraded her to econom$ on the ground that a Congressman had to be accommodated in the business class. Lennie suffered the discomfort and embarrassment of the downgrade. She sued the airlines for 4uasi5delict but Alta Airlines countered that+ since her travel was governed b$ a contract between them+ no 4uasi5delict could arise. #s the airline correct" A. -o+ the breach of contract ma$ in fact be tortious as when it is tainted as in this case with arbitrariness+ gross bad faith+ and malice. B. -o+ den$ing Lennie the comfort and amenities of the business class as rovided in the tic!et is a tortious act.Bar Examination Questionnaire for Civil Law Set A C. .es+ since the facts show a breach of contract+ not a 4uasi5delict. '. .es+ since 4uasi5delict resu relation between the arties. &. Which of the following is an indis ensable re4uirement in an action for 64uieting of title7 involving real ro ert$" *he laintiff must A. be in actual ossession of the ro ert$. B. be the registered owner of the ro ert$. C. have legal or e4uitable title to the ro ert$. '. be the beneficial owner of the ro ert$. oses the absence of a re5existing contractual

8. 9 and . were to marr$ in % months. :eantime+ to ex ress his affection+ 9 donated a house and lot to .+ which donation 9 wrote in a letter to .. . wrote bac!+ acce ting the donation and too! ossession of the ro ert$. Before the wedding+ however+ . suddenl$ died of heart attac!. Can .1s heirs get the ro ert$" A. -o+ since the marriage did not ta!e lace. B. .es+ since all the re4uisites of a donation of an immovable are resent. C. -o+ since the donation and its acce tance are not in a ublic instrument. '. .es+ since 9 freel$ donated the ro ert$ to . who became its owner. ;. <ene and Lil$ got married after a brief courtshi . After one month+ Lil$ discovered that while <ene resented himself as a macho man he was actuall$ ga$. =e would not go to bed with her. =e !e t obscene maga>ines of nude men and alwa$s sought the com an$ of handsome bo$s. What legal remed$ does Lil$ have" A. She can file an action for annulment of marriage on ground of fraud. B. She can see! a declaration of nullit$ of the marriage based on <ene1s s$chological inca acit$. C. She can go abroad and file for divorce in a countr$ that can grant it. '. She has none since she had the o entered into the marriage. ?. Lucio executed a sim le deed of donation of @(2 million on time de osit with a ban! in favor of A+ B+ C+ '+ and E+ without indicating the share of each donee. All the donees acce ted the donation in writing. A+ one of the donees+ died. Will B+ C+ '+ and E get A1s share in the mone$" A. .es+ accretion will automaticall$ a l$ to the ,oint5donees in e4ual shares. ortunit$ to examine the goods and freel$

B. .es+ since the donor1s intention is to give the whole of @(2 million to the ,ointdonees in e4ual shares.

C. -o+ A7s share will revert to the donor because accretion a ,oint5donees are s ouses.

lies onl$ if the

'. -o+ A1s share goes to his heirs since the donation did not rovide for reversion to donor. 12. <aul+ Ester+ and <ufus inherited a 125hectare land from their father. Before the land could be artitioned+ however+ <aul sold his hereditar$ right to <aff$+ a stranger to the famil$+ for @( million. 'o Ester and <ufus have a remed$ for !ee ing the land within their famil$" @age ) of ))Bar Examination Questionnaire for Civil Law Set A A. .es+ the$ ma$ be subrogated to <aff$1s right b$ reimbursing to him within the re4uired time what he aid <aul. B. .es+ the$ ma$ be subrogated to <aff$1s right rovided the$ bu$ him out before he registers the sale. C. -o+ the$ can be subrogated to <aff$1s right onl$ with his conformit$. '. -o+ since there was no im ediment to <aul selling his inheritance to a stranger. 11. When one exercises a right recogni>ed b$ law+ !nowing that he thereb$ causes an in,ustice to another+ the latter is entitled to recover damages. *his is !nown as the rinci le of A. res i sa lo4uitur. B. damnum abs4ue in,uria. C. vicarious liabilit$. '. abuse of rights. 1). Which of the following is -A* a basis for rendering a disinheritance defective or im erfect"

A. #ts cause comes from the guilt of a s ouse in a legal se aration case+ the innocent5s ouse having died. B. *he truth of its cause is denied and not sufficientl$ roved b$ evidence. C. #ts cause is not authori>ed b$ the law. '. #ts cause is not s ecified. 1%. :anuel came to :anila and married :arianne. 0n!nown to :arianne+ :anuel had been reviousl$ convicted in @alawan of theft and served time for it. After :arianne learned of his revious conviction+ she sto ed living with him.

Can :arianne see! the annulment of the marriage based on :anuel1s nondisclosure of his revious crime" A. -o+ since the assum tion is that marriage forgives all ast wrongs. B. .es+ since the non5disclosure of that crime is the e4uivalent of fraud+ which is a ground for annulment. C. -o+ in case of doubt+ the law must be construed to reserve the institution of marriage. '. -o+ since :anuel alread$ served the enalt$ for his crime. 1/. Arthur and =elen+ both Bili inos+ got married and had ) children. Arthur later wor!ed in <ome where he ac4uired #talian citi>enshi . =e got a divorce from =elen in <ome but+ on returning to the @hili ines+ he reali>ed his mista!e+

as!ed forgiveness of his wife+ and resumed living with her. *he$ had ) more children. What is the status of their / children" A. *he children born before the divorce are legitimate but those born after it are not since Arthur got the divorce when he had ceased to be a Bili ino. B. *he divorce rendered illegitimate the children born before it since the marriage that begot them had been nullified. C. *he children born before and after the divorce are all legitimate since @hili ine law does not recogni>e divorce.

@age % of ))Bar Examination Questionnaire for Civil Law Set A '. All the children are legitimate since the$ were born of the same father and mother. 1(. Who can ma!e a donation" A. All ersons who can enter into contracts and dis ose of their ro ert$. B. All ersons who are of legal age and suffer from no civil interdiction. C. All ersons who can ma!e a last will and testament. '. All ersons+ whether natural or artificial+ who own ro ert$. 1&. *he liabilit$ of the artners+ including industrial artners for artnershi contracts entered into in its name and for its account+ when all artnershi assets have been exhausted is A. @ro5rata. B. Coint. C. Solidar$. '. Doluntar$. 18. When can a missing erson who left someone to administer his ro ert$ be declared an absentee b$ the court" When he has been missing for A. ) $ears from the recei t of the last news about him. B. 8 $ears from the recei t of the last news about him. C. 12 $ears from the recei t of the last news about him. '. ( $ears from the recei t of the last news about him. 1;. Which of the following claims against the debtor en,o$s reference over the others with res ect to his s ecific immovable ro ert$ and real rights" A. 0n aid rice of real ro ert$ sold+ u on the immovable ro ert$. B. :ortgage credits recorded in the registr$ of ro ert$+ u on the mortgaged real

estate. C. *axes due+ u on the land or building. '. Ex enses for the reservation and im rovement of ro ert$+ when the law authori>es reimbursement+ u on the reserved or im roved immovable. 1?. When bilateral contracts are vitiated with vices of consent+ the$ are rendered A. rescissible. B. void. C. unenforceable. '. voidable. )2. An agent+ authori>ed b$ a s ecial ower of attorne$ to sell a land belonging to the rinci al succeeded in selling the same to a bu$er according to the instructions given the agent. *he agent executed the deed of absolute sale on behalf of his rinci al two da$s after the rinci al died+ an event that neither the agent nor the bu$er !new at the time of the sale. What is the standing of the sale" A. Doidable. @age / of ))Bar Examination Questionnaire for Civil Law Set A B. Dalid. C. Doid. '. 0nenforceable. )1. S ouses A and B leased a iece of land belonging to BEs arents for )( $ears. *he s ouses built their house on it worth @%22+222.22. Subse4uentl$+ in a case that C filed against A and B+ the court found the latter liable to C for @)22+222.22. When the sheriff was attaching their house for the satisfaction of the ,udgment+ A and B claimed that it was exem t from execution+ being a famil$

home. #s this claim correct" A. .es+ because while B1s arents own the land+ the$ agreed to have their daughter build her famil$ home on it. B. -o+ because there is no ,udicial declaration that it is a famil$ home. C. -o+ since the land does not belong to A and B+ it cannot 4ualif$ as a home. '. .es+ because the A and B1s famil$ actuall$ lives in that house. )). Solomon sold his coconut lantation to Aragon+ #nc. for @122 million+ a$able in installments of @12 million er month with &3 interest er annum. Solomon married Lorna after ( months and the$ chose con,ugal artnershi of gains to govern their ro ert$ relations. When the$ married+ Aragon had an un aid balance of @(2 million lus interest in Solomon1s favor. *o whom will Aragon1s monthl$ a$ments go after the marriage" A. *he rinci al shall go to the con,ugal artnershi but the interests to Solomon. B. Both rinci al and interests shall go to Solomon since the$ are his exclusive ro erties. C. Both rinci al and interests shall go to the con,ugal artnershi since these become due after the marriage. '. *he rinci al shall go to Solomon but the interests to the con,ugal artnershi . )%. 9 and .+ although not suffering from an$ im ediment+ cohabited as husband and wife without the benefit of marriage. Bollowing the birth of their child+ the cou le got married. A $ear after+ however+ the court annulled the marriage and issued a decree of annulment. What is the resent status of the child" A. Legitimated. B. #llegitimate. C. -atural child. famil$

'. Legitimate. )/. When A and B married+ the$ chose con,ugal artnershi of gains to govern their ro ert$ relations. After % $ears+ B succeeded in getting her marriage to A annulled on ground of the latter1s s$chological inca acit$. What li4uidation rocedure will the$ follow in dis osing of their assets" A. *he$ will follow the rule governing the li4uidation of a con,ugal artnershi of gains where the art$ who acted in bad faith forfeits his share in the net rofits. B. Since the marriage has been declared void+ the rule for li4uidation of absolute communit$ of ro ert$ shall be followed. C. *he li4uidation of a co5ownershi a lies since the annulment brought their

@age ( of ))Bar Examination Questionnaire for Civil Law Set A ro ert$ relation under the cha ter on ro ert$ regimes without marriage. '. *he law on li4uidation of artnershi s a lies.

)(. 9 and . agreed verball$ before their marriage FaG on the aternit$ of the illegitimate child of . and FbG on the economic regime that will govern 9 and .1s ro ert$ relations. #s the verbal agreement valid" A. -o+ because a marriage settlement to be valid should be in writing. B. .es+ since ante5nu tial agreements need not be in writing. C. -o+ because a marriage settlement cannot include an agreement on the aternit$ of an illegitimate child. '. .es+ since even if it is not a valid marriage settlement+ it is a valid verbal contract. )&. S ouses 9 and . have a minor daughter+ H+ who needs su ort for her

education. Both 9 and .+ who are financiall$ distressed+ could not give the needed su ort to H. As it ha ens+ H1s other relatives are financiall$ ca able of

giving that su A. grandfather. B. brother. C. uncle. '. first cousin.

ort. Brom whom ma$ H first rightfull$ demand su

ort" Brom her

)8. Bidel+ a Bili ino with fair com lexion+ married Iloria. Before the marriage+ Iloria confessed to Bidel that she was two5month regnant with the child of a blac! African who had left the countr$ for good. When the child was born+ Bidel could not acce t it being too blac! in com lexion. What is the status of the child" A. #llegitimate+ because Iloria confessed that the child is not Bidel1s. B. #llegitimate+ because b$ the color of its s!in+ the child could not ossibl$ be that of Bidel. C. Legitimate+ because the child was born within a valid marriage. '. Legitimate+ because Bidel agreed to treat the child as his own after Iloria told him who the father was. );. *he husband1s acts of forcibl$ e,ecting his wife without ,ust cause from the con,ugal dwelling and refusing to ta!e her bac! constitutes A. desertion. B. recrimination. C. constructive abandonment. '. de facto se aration. )?. #n his will+ the testator designated 9 as a legatee to receive @) million for the ur ose of bu$ing an ambulance that the residents of his Baranga$ can use. What !ind of institution is this" A. a fideicomissar$ institution. B. a modal institution.

C. a conditional institution. '. a collective institution. @age & of ))Bar Examination Questionnaire for Civil Law Set A %2. 9 insured himself for @( million+ designating .+ his wife+ as his sole beneficiar$. *he designation was irrevocable. A few $ears later+ 9 had their marriage annulled in court on the ground that . had an existing rior marriage. 9 subse4uentl$ died+ #s . entitled to the insurance benefits" A. .es+ since the insurance was not de endent on the marriage. B. .es+ since her designation as beneficiar$ was irrevocable. C. -o+ 91s designation of . is revo!ed b$ o eration of law u on the annulment of their marriage based on .1s fault. '. .es+ since without ,udicial revocation+ 91s designation of . remains valid and binding. %1. :a$ a s ouse freel$ donate communal or con,ugal ro ert$ without the consent of the other" A. Absolutel$ not+ since the s ouses co5own such ro ert$. B. .es+ for ro erties that the famil$ ma$ s are+ regardless of value. C. .es+ rovided the donation is moderate and intended for charit$ or famil$ re,oicing. '. .es+ in a donation mortis causa that the donor ma$ still revo!e in his lifetime. %). *he decedent died intestate leaving an estate of @12 million. =e left the following heirsJ aG :arlon+ a legitimate child and bG Cecilia+ the legal s ouse. 'ivide the estate. A. :arlon gets 1K/ and Cecilia gets %K/. B. :arlon gets )K% and Cecilia 1K%.

C. :arlon gets 1K) and Cecilia gets 1K). '. :arlon gets %K/ and Cecilia 1K/. %%. Contracts ta!e effect onl$ between the arties or their assigns and heirs+ exce t where the rights and obligations arising from the contract are not transmissible b$ their nature+ b$ sti ulation+ or b$ rovision of law. #n the latter case+ the assigns or the heirs are not bound b$ the contracts. *his is !nown as the rinci le of A. <elativit$ of contracts. B. Breedom to sti ulate. C. :utualit$ of contracts. '. Abligator$ force of contracts. %/. A bu$er ordered (+222 a delivered &+222 a les from the seller at @)2 er a le. *he seller

les. What are the rights and obligations of the bu$er" les and a$ the seller at @)2 er a le.

A. =e can acce t all &+222 a B. =e can acce t all &+222 a a les.

les and a$ a lesser rice for the 1+222 excess

C. =e can !ee the &+222 a seller delivered them an$wa$.

les without a$ing for the 1+222 excess since the

'. =e can cancel the whole transaction since the seller violated the terms of their agreement. @age 8 of ))Bar Examination Questionnaire for Civil Law Set A %(. Lino entered into a contract to sell with <amon+ underta!ing to conve$ to the latter one of the five lots he owns+ without s ecif$ing which lot it was+ for the rice of @1 million. Later+ the arties could not agree which of five lots he owned Lino undertoo! to sell to <amon. What is the standing of the contract"

A. 0nenforceable. B. Doidable. C. <escissible. '. Doid. %&. Lnowing that the car had a hidden crac! in the engine+ 9 sold it to . without informing the latter about it. #n an$ event+ the deed of sale ex ressl$ sti ulated that 9 was not liable for hidden defects. 'oes . have the right to demand from 9 a reimbursement of what he s ent to re air the engine lus damages" A. .es. 9 is liable whether or not he was aware of the hidden defect. B. .es+ since the defect was not hiddenM 9 !new of it but he acted in bad not disclosing the fact to .. C. -o+ because . is in esto el+ having changed engine without rior demand. faith in

'. -o+ because . waived the warrant$ against hidden defects. %8. Acme Canner$ roduced sardines in cans !nown as 6Sards.7 :$lene bought a can of Sards from a store+ ate it+ and suffered from oisoning caused b$ a noxious substance found in the sardines. :$lene filed a case for damages against Acme. Which of the following defenses will hold" A. *he ex ir$ date of the 6Sards7 was clearl$ rinted on its can+ still the store sold and :$lene bought it. B. :$lene must have detected the noxious substance in the sardines b$ smell+ $et she still ate it. C. Acme had no transaction with :$leneM she bought the 6Sards7 from a store+ not directl$ from Acme. '. Acme en,o$s the resum tion of safeness of its canning rocedure and :$lene has not overcome such resum tion. %;. Bernando executed a will+ rohibiting his wife :arina from remarr$ing after

his death+ at the ain of the legac$ of @122 :illion in her favor becoming a nullit$. But a $ear after Bernando1s death+ :arina was so overwhelmed with love that she married another man. #s she entitled to the legac$+ the amount of which is well within the ca acit$ of the dis osable free ortion of Bernando1s estate" A. .es+ since the rohibition against remarr$ing is absolute+ it is deemed not written. B. .es+ because the rohibition is inhuman and o rights as a free woman. C. -o+ because the nullit$ of the rohibition also nullifies the legac$. '. -o+ since such rohibition is authori>ed b$ law and is not re ressiveM she could remarr$ but must give u the mone$. %?. 9+ the owner+ constituted a 125$ear usufruct on his land as well as on the building standing on it in .1s favor. After flood totall$ destro$ed the building ( @age ; of ))Bar Examination Questionnaire for Civil Law Set A $ears later+ 9 told . that an act of Iod terminated the usufruct and that he should vacate the land. #s 9+ the owner of the land+ correct" A. -o+ since the building was destro$ed through no fault of .. B. -o+ since . still has the right to use the land and the materials left on it. C. .es+ since . cannot use the land without the building. '. .es+ since the destruction of the building without the 91s fault terminated the usufruct. /2. #n gratitude+ the groom1s arents made a donation of a ro ert$ in writing to the bride1s arents shortl$ before their children1s wedding. *he donation was acce ted. What is the nature of the donation" A. #t is an ordinar$ donation since it was not given to the bride or groom. ressive and violates :arina1s

B. #t is donation ro ter nu tias since it was given with the marriage in mind. C. #t is an indirect donation ro ter nu tias since the bride would eventuall$ inherit the ro ert$ from her arents. '. #t is a remunator$ donation. /1. 9 and .+ both Bili inos+ were married and resided in S ain although the$ intend to return to the @hili ines at some future time. *he$ have not executed

an$ marriage settlements. What law governs their ro ert$ relations" A. *he$ ma$ choose between S anish law and @hili B. @hili ine law since the$ are both Bili inos. l$ to them. ine law.

C. -o regime of ro ert$ relations will a '. S anish law since the$ live in S ain.

/). Birth determines ersonalit$. 'eath extinguishes it. 0nder what circumstances ma$ the ersonalit$ of a deceased erson continue to exist" A. #n case of re5a earance of a missing erson resumed dead.

B. #n rotecting the wor!s of a deceased under intellectual ro ert$ laws. C. #n case of declaration of resum tive death of a missing s ouse. '. #n the settlement of the estate of a deceased erson. /%. Six tenants sued 9+ the landowner+ for willfull$ den$ing them water for their farms+ which water ha ened to flow from land under 91s control+ his intention

being to force them to leave his ro erties. #s 9 liable for his act and wh$" A. -o+ because the tenants must be content with waiting for rainfall for their farms. B. -o+ since 9 owns both the land and the water. C. .es+ because the tenants1 farms have the natural right of access to water wherever it is located. '. .es+ since 9 willfull$ caused in,ur$ to his tenants contrar$ to morals+ good

customs or ublic olic$. //. #llegitimate brothers and sisters+ whether of full or half5blood+ are bound to su ort each other+ E9CE@* when ort lives in another lace.

A. the brother or sister who needs su

@age ? of ))Bar Examination Questionnaire for Civil Law Set A B. such brothers and sisters are not recogni>ed b$ their father. C. the brother or sister in need sto s schooling without valid reason. '. the need for su fault. /(. Dirgilio owned a bare and sim le swimming ool in his garden. :B+ a 85$ear old child+ surre titiousl$ entered the garden and merril$ rom ed around the ledges of the ool. =e accidentall$ tri ed+ fell into the ool+ and drowned. :B1s ort of a brother or sister+ alread$ of age+ is due to the latterEs

arents sued Dirgilio for damages arising from their child1s death+ remised on the rinci le of 6attractive nuisance7. #s Dirgilio liable for the death of :B" A. -o+ the child was 8 $ears old and !new the dangers that the ool offered. B. .es+ being an attractive nuisance+ Dirgilio had the dut$ to revent children from coming near it. C. -o+ since the ool was bare and had no enticing or alluring gadgets+ floats+ or devices in it that would attract a 85$ear old child.

'. .es+ since Dirgilio did not cover the swimming ool while not in use to revent children from falling into it. /&. *he term of a (5$ear lease contract between 9 the lessor and . the lessee+ where rents were aid from month to month+ came to an end. Still+ . continued using the ro ert$ with 91s consent. #n such a case+ it is understood that the$ im liedl$ renewed the lease

A. from month to month under the same conditions as to the rest. B. under the same terms and conditions as before. C. under the same terms exce t the rent which the$ or the court must fix. '. for onl$ a $ear+ with the rent raised b$ 123 ursuant to the rental control law. /8. <ex+ a hilanthro ist+ donated a valuable lot to the munici alit$ on the condition that it will build a ublic school on such lot within ) $ears from its acce tance of the donation. *he munici alit$ ro erl$ acce ted the donation but did not $et build the ublic school after ) $ears. Can <ex revo!e the donation" A. .es+ since the donation is sub,ect to a resolutor$ condition which was not fulfilled. B. -o+ but <ex is entitled to recover the value of the land from the munici alit$. C. -o+ the transfer of ownershi has been com leted. '. .es+ the donation is not deemed made until the sus ensive condition has been fulfilled. /;. #llegitimate children+ those not recogni>ed b$ their biological fathers+ shall use the surname of their A. biological father sub,ect to no condition. B. mother or biological father+ at the mother1s discretion. C. mother. '. biological father unless he ,udiciall$ o oses it.

/?. Asiong borrowed @1 million from a ban!+ secured b$ a mortgage on his land. Without his consent+ his friend Bo$ong aid the whole loan. Since Asiong benefited from the a$ment+ can Bo$ong com el the ban! to subrogate him in its @age 12 of ))Bar Examination Questionnaire for Civil Law Set A right as mortgagee of AsiongEs land"

A. -o+ but the ban! can foreclose and a$ Bo$ong bac!. B. -o+ since Bo$ong aid for Asiong1s loan without his a roval.

C. .es+ since a change of creditor too! lace b$ novation with the ban!1s consent. '. .es+ since it is but right that Bo$ong be able to get bac! his mone$ and+ if not+ to foreclose the mortgage in the manner of the ban!. (2. Congress assed a law im osing taxes on income earned out of a articular activit$ that was not reviousl$ taxed. *he law+ however+ taxed incomes alread$ earned within the fiscal $ear when the law too! effect. #s the law valid" A. -o+ because laws are intended to be ros ective+ not retroactive. B. -o+ the law is arbitrar$ in that it taxes income that has alread$ been s ent. C. .es+ since tax laws are the lifeblood of the nation. '. .es+ tax laws are an exce tionM the$ can be given retroactive effect. (1. <udolf borrowed @1 million from <odrigo and Bernando who acted as solidar$ creditors. When the loan matured+ <odrigo wrote a letter to <udolf+ demanding a$ment of the loan directl$ to him. Before <udolf could com l$+ Bernando went to see him ersonall$ to collect and he aid him. 'id <udolf ma!e a valid a$ment" A. -o+ since <udolf should have s lit the a$ment between <odrigo and Bernando. B. -o+ since <odrigo+ the other solidar$ creditor+ alread$ made a rior demand for a$ment from <udolf. C. .es+ since the a$ment covers the whole obligation. '. .es+ since Bernando was a solidar$ creditor+ a$ment to him extinguished the obligation. (). What ha ens to the ro ert$ regimes that were subsisting under the -ew

Civil Code when the Bamil$ Code too! effect" A. *he original ro ert$ regimes are immutable and remain effective. B. *hose en,o$ing s ecific regimes under the -ew Civil Code ma$ ado t the regime of absolute communit$ of ro ert$ under the Bamil$ Code. C. *hose that married under the -ew Civil Code but did not choose an$ of its regimes shall now be governed b$ the regime of absolute communit$ of ro ert$. '. *he$ are su erseded b$ the Bamil$ Code which has retroactive effect. (%. *he testator executed a will following the formalities re4uired b$ the law on succession without designating an$ heir. *he onl$ testamentar$ dis osition in the will is the recognition of the testatorEs illegitimate child with a o ular actress. #s the will valid" A. .es+ since in recogni>ing his illegitimate child+ the testator has made him his heir. B. -o+ because the non5designation of heirs defeats the ur ose of a will. C. -o+ the will comes to life onl$ when the ro er heirs are instituted. '. .es+ the recognition of an illegitimate heir is an am le reason for a will. @age 11 of ))Bar Examination Questionnaire for Civil Law Set A (/. A left B+ his wife+ in the @hili ines to wor! in Eg$ t but died in that countr$

after a $ear1s continuous sta$. *wo months after A1s death+ B gave birth to a child+ claiming it is A1s child. Who can assail the legitimac$ of the child" A. A1s other heirs a art from B. B. *he State which has interest in the welfare of overseas contract wor!ers. C. An$ one who is outraged b$ B1s claim. '. -o one since A died. ((. Q< and *S who had a marriage license re4uested a newl$ a ointed Cudge

in :anila to marr$ them on the beach of Boraca$. Since the Cudge maintained Boraca$ as his residence+ he agreed. *he s onsors were all ublic officials. What is the status of the marriage. A. Dalid+ since the im ro er venue is merel$ an irregularit$M all the elements of a valid marriage are resent. B. Doid+ because the cou le did not get local ermit for a beach wedding. C. Doidable+ because the Cudge acted be$ond his territorial ,urisdiction and is administrativel$ liable for the same. '. Doid+ because the Cudge did not solemni>e the marriage within the remises of his court. (&. 9 and .+ Bili inos+ got married in Los Angeles+ 0SA+ using a marriage license issued b$ the @hili ine consul in Los Angeles+ acting as Civil <egistrar. 9 and .

did not !now that the$ were first cousins because their mothers+ who were sisters+ were se arated when the$ were 4uite $oung. Since 9 did not want to continue with the relation when he heard of it+ he left .+ came to the @hili and married H. Can 9 be held liable for bigam$" A. -o since 91s marriage to . is void ab initio or did not exist. B. -o since 9 acted in good faith+ conscious that ublic olic$ did not a marriage between first cousins. C. .es since he married H without first securing a ,udicial declaration of nullit$ of his marriage to .. '. .es since his first marriage to . in Los Angeles is valid. (8. Allan bought Bill$1s ro ert$ through Carlos+ an agent em owered with a s ecial ower of attorne$ FS@AG to sell the same. When Allan was read$ to a$ as scheduled+ Bill$ called+ directing Allan to a$ directl$ to him. An learning of this+ Carlos+ Bill$Es agent+ told Allan to a$ through him as his S@A rovided and rove of ines

to rotect his commission. Baced with two claimants+ Allan consigned the a$ment in court. Bill$ rotested+ contending that the consignation is ineffective since no tender of a$ment was made to him. #s he correct" A. -o+ since consignation without tender of a$ment is allowed in the face of the conflicting claims on the laintiff. B. .es+ as owner of the ro ert$ sold+ Bill$ can demand a$ment directl$ to himself. C. .es+ since Allan made no announcement of the tender. '. .es+ a tender of a$ment is re4uired for a valid consignation. @age 1) of ))Bar Examination Questionnaire for Civil Law Set A (;. 9 sold . 122 sac!s of rice that . was to ic! u from 91s rice mill on a articular date. . did not+ however+ a ear on the agreed date to ta!e deliver$ of

the rice. After one wee!+ 9 automaticall$ rescinded the sale without notarial notice to .. #s the rescission valid" A. .es+ automatic rescission is allowed since+ having the character of movables and consumables+ rice can easil$ deteriorate. B. -o+ the bu$er is entitled to a customar$ %25da$ extension of his obligation to ta!e deliver$ of the goods. C. -o+ since there was no ex ress agreement regarding automatic rescission. '. -o+ the seller should first determine that . was not ,ustified in failing to a ear.

(?. *he wife filed a case of legal se aration against her husband on the ground of sexual infidelit$ without reviousl$ exerting earnest efforts to come to a com romise with him. *he ,udge dismissed the case for having been filed without com l$ing with a condition recedent. #s the dismissal ro er" A. -o+ efforts at a com romise will onl$ dee en the wife1s anguish.

B. -o+ since legal se aration li!e validit$ of marriage is not sub,ect to com romise agreement for ur oses of filing. C. .es+ to avoid a famil$ feud that is hurtful to ever$one. '. .es+ since the dis ute could have been settled with the arties agreeing to legal se aration. &2. An Australian living in the @hili ines ac4uired shares of stoc! worth @12

million in food manufacturing com anies. =e died in :anila+ leaving a legal wife and a child in Australia and a live5in artner with whom he had two children in :anila. =e also left a will+ done according to @hili ine laws+ leaving all his

ro erties to his live5in artner and their children. What law will govern the validit$ of the dis osition in the will" A. Australia law since his legal wife and legitimate child are Australians and domiciled in Australia. B. Australian law since the intrinsic validit$ of the rovisions of a will is governed b$ the decedent1s national law. C. @hili ine law since the decedent died in :anila and he executed his will

according to such law. '. @hili ine law since the decedent1s ro erties are in the @hili ines.

&1. 9 bought a land from .+ a$ing him cash. Since the$ were friends+ the$ did not execute an$ document of sale. After 8 $ears+ the heirs of 9 as!ed . to execute a deed of absolute sale to formali>e the verbal sale to their father. 0nwilling to do so+ 91s heirs filed an action for s ecific erformance against .. Will their action ros er" A. -o+ after more than & $ears+ the action to enforce the verbal agreement has alread$ ela sed. B. -o+ since the sale cannot under the Statute of Brauds be enforced.

C. .es+ since 9 bought the land and aid . for it. '. .es+ after full a$ment+ the action became im rescri tible. &). A court declared <icardo+ an old bachelor+ an absentee and a @age 1% of ))Bar Examination Questionnaire for Civil Law Set A administrator of his ro ert$. After a $ear+ it was discovered that <icardo had died abroad. What is the effect of the fact of his death on the administration of his ro ert$" A. With <icardo no longer an absentee but a deceased erson+ Cicero will cease to be administrator of his ro erties. B. *he administration shall be given b$ the court having ,urisdiction over the intestate roceedings to a new administrator whom it will a oint. ointed Cicero

C. Cicero automaticall$ becomes administrator of <icardo1s estate until ,udiciall$ relieved. '. Cicero1s alienations of <icardoEs ro ert$ will be set aside. &%. Baldo+ a re,ected suitor+ intimidated Cud$ into marr$ing him. While she wanted to 4uestion the validit$ of their marriage two $ears after the intimidation ceased+ Cud$ decided in the meantime to freel$ cohabit with Baldo. After more than ( $ears following their wedding+ Cud$ wants to file a case for annulment of marriage against Baldo on ground of lac! of consent. Will her action ros er" A. .es+ the action for annulment is im rescri tible. B. -o+ since the marriage was merel$ voidable and Cud$ ratified it b$ freel$ cohabiting with Baldo after the force and intimidation had ceased .

C. -o+ since the action rescribed ( $ears from the date of the celebration of the marriage. '. .es+ because the marriage was celebrated without Cud$Es consent freel$

given. &/. #s the wife who leaves her husband without ,ust cause entitled to su A. -o+ because the wife must alwa$s be submissive and res ectful to the husband. B. .es. *he marriage not having been dissolved+ the husband continues to have an obligation to su ort his wife. ort"

C. -o+ because in leaving the con,ugal home without ,ust cause+ she forfeits her right to su ort. ort is not sub,ect to an$ condition.

'. .es+ since the right to receive su

&(. #n the order of intestate succession where the decedent is legitimate+ who is the last intestate heirs or heir who will inherit if all heirs in the higher level are dis4ualified or unable to inherit" A. -e hews and nieces. B. Brothers and sisters. C. State. '. Ather collateral relatives u to the (th degree of consanguinit$. &&. <o$ and Carlos both undertoo! a contract to deliver to Sam in :anila a boat doc!ed in Subic. Before the$ could deliver it+ however+ the boat san! in a storm. *he contract rovides that fortuitous event shall not exem t <o$ and Carlos from their obligation. Awing to the loss of the motor boat+ such obligation is deemed converted into one of indemnit$ for damages. #s the liabilit$ of <o$ and Carlos ,oint or solidar$" @age 1/ of ))Bar Examination Questionnaire for Civil Law Set A A. -either solidar$ nor ,oint since the$ cannot waive the defense of fortuitous event to which the$ are entitled.

B. Solidar$ or ,oint u on the discretion of Sam. C. Solidar$ since <o$ and Carlos failed to erform their obligation to deliver the motor boat. '. Coint since the conversion of their liabilit$ to one of indemnit$ for damages made it ,oint. &8. Coanne married Cames+ a erson with no !nown relatives. *hrough CamesE hard wor!+ he and his wife Coane ros ered. When Cames died+ his estate alone amounted to @122 million. #f+ in his will+ Cames designates Coanne as his onl$ heir+ what will be the free ortion of his estate. A. Coanne gets allM estate has no free ortion left. B. Coanne gets 1K)M the other half is free ortion. C. Coanne gets 1K%M the remaining )K% is free ortion. '. Coanne gets 1K/M the remaining %K/ is free ortion. &;. A warrant$ inherent in a contract of sale+ whether or not mentioned in it+ is !nown as the A. warrant$ on 4ualit$. B. warrant$ against hidden defects. C. warrant$ against eviction. '. warrant$ in merchantabilit$. &?. *he doctrine of stare decisis rescribes adherence to recedents in order to romote the stabilit$ of the law. But the doctrine can be abandoned A. When adherence to it would result in the Iovernment1s loss of its case. B. When the a national. C. When necessar$ to romote the assage of a new law. '. When the recedent has ceased to be beneficial and useful. lication of the doctrine would cause great re,udice to a foreign

82. <ic and Cosie+ Bili inos+ have been sweethearts for ( $ears. While wor!ing in a Euro ean countr$ where the execution of ,oint wills are allowed+ the two of them executed a ,oint hologra hic will where the$ named each other as sole heir of the other in case either of them dies. 0nfortunatel$+ <ic died a $ear later. Can Cosie have the ,oint will successfull$ robated in the @hili ines"

A. .es+ in the highest interest of comit$ of nations and to honor the wishes of the deceased. B. -o+ since @hili ine law rohibits the execution of ,oint wills and such law is

binding on <ic and Cosie even abroad. C. .es+ since the$ executed their ,oint will out of mutual love and care+ values that the generall$ acce ted rinci les of international law acce ts. '. .es+ since it is valid in the countr$ where it was executed+ a rinci le of 6lex loci celebrationis.7 81. :L inherited from his father @( million in legitime but he waived it in a ublic instrument in favor of his sister Q. who acce ted the waiver in writing. But as it @age 1( of ))Bar Examination Questionnaire for Civil Law Set A ha ened+ :L borrowed @& million from @B before the waiver. @B ob,ected to l$ing the

the waiver and filed an action for its rescission on the ground that he had the right to :L1s @( million legitime as artial settlement of what :L owed him since :L has roved to be insolvent. 'oes @B+ as creditor+ have the right to rescind the waiver" A. -o+ because the waiver in favor of his sister Q. amounts to a donation and she alread$ acce ted it. B. .es+ because the waiver is re,udicial to the interest of a third erson whose interest is recogni>ed b$ law.

C. -o+ @B must wait for :L to become solvent and+ thereafter+ sue him for the un aid loan. '. .es+ because a legitime cannot be waived in favor of a s ecific heirM it must be divided among all the other heirs. 8). While engaged to be married+ Arnold and Cose hine agreed in a ublic instrument to ado t out the economic regime of absolute communit$ of ro ert$. Arnold ac!nowledged in the same instrument that Cose hine1s daughter :ar$+ is his illegitimate child. But Cose hine died before the marriage could ta!e lace. 'oes the marriage settlement have an$ significance" A. -one+ since the instrument containing the marriage settlement is essentiall$ void for containing an unrelated matter. B. .es+ insofar as Arnold ac!nowledged :ar$ as his illegitimate child. C. -one+ since the marriage did not ta!e lace. '. .es+ if the$ ac4uired ro erties while living together as husband and wife. 8%. Cose h+ a 185$ear old Bili ino+ married Cenn$+ a )15$ear old American in #llinois+ 0SA+ where the marriage was valid. *heir arents gave full consent to the marriage of their children. After three $ears+ Cose h filed a etition in the 0SA to rom tl$ divorce Cenn$ and this was granted. When Cose h turned )( $ears+ he returned to the @hili this second marriage" A. Doid+ because he did not cause the ,udicial issuance of declaration of the nullit$ of his first marriage to Cenn$ before marr$ing Leonora. B. Dalid+ because Cose hEs marriage to Cenn$ is void+ he being onl$ 18 $ears of age when he married her. C. Dalid+ because his marriage to Leonora has all the elements of a valid marriage. ines and married Leonora. What is the status of

'. Doid+ because Cose h is still considered married to Cenn$ since the @hili ines does not recogni>e divorce.

8/. * died intestate+ leaving an estate of @?+222+222. =e left as heirs three legitimate children+ namel$+ A+ B+ and C. A has two children+ ' and E. Before he died+ A irrevocabl$ re udiated his inheritance from * in a ublic instrument filed with the court. =ow much+ if an$+ will ' and E+ as A1s children+ get from *1s estate" A. Each of ' and E will get @1+(22+222 b$ right of re resentation since their father re udiated his inheritance. B. Each of ' and E will get @)+))(+222 because the$ will inherit from the estate @age 1& of ))Bar Examination Questionnaire for Civil Law Set A e4uall$ with B and C. C. ' and E will get none because of the re udiationM 6B7 and 6C7 will get A1s share b$ right of accretion. '. Each of ' and E will get @)+222+222 because the law gives them some advantage due to the demise of 6A7. 8(. -o decree of legal se aration can be issued A. unless the children1s welfare is attended to first. B. without rior efforts at reconciliation shown to be futile. C. unless the court first directs mediation of the arties. '. without rior investigation conducted b$ a ublic rosecutor. 8&. 9+ who was abroad+ honed his brother+ .+ authori>ing him to sell 91s arcel of land in @asa$. 9 sent the title to . b$ courier service. Acting for his brother+ . executed a notari>ed deed of absolute sale of the land to H after receiving a$ment. What is the status of the sale"

A. Dalid+ since a notari>ed deed of absolute sale covered the transaction and full a$ment was made. B. Doid+ since 9 should have authori>ed agent . in writing to sell the land. C. Dalid+ since . was trul$ his brother 91s agent and entrusted with the title needed to effect the sale. '. Dalid+ since the bu$er could file an action to com el 9 to execute a deed of sale. 88. #n a true acto de retro sale+ the title and ownershi of the ro ert$ sold are immediatel$ vested in the vendee a retro sub,ect onl$ to the resolutor$ condition of re urchase b$ the vendor a retro within the sti ulated eriod. *his is !nown as A. e4uitable mortgage. B. conventional redem tion. C. legal redem tion. '. e4uit$ of redem tion. 8;. A natural obligation under the -ew Civil Code of the @hili ines is one which

A. the obligor has a moral obligation to do+ otherwise entitling the obligee to damages. B. refers to an obligation in writing to do or not to do. C. the obligee ma$ enforce through the court if violated b$ the obligor. '. cannot be ,udiciall$ enforced but authori>es the obligee to retain the obligor1s a$ment or erformance. 8?. *he husband assumed sole administration of the famil$1s mango lantation since his wife wor!ed abroad. Subse4uentl$+ without his wife1s !nowledge+ the husband entered into an antichretic transaction with a com an$+ giving it ossession and management of the lantation with ower to harvest and sell the fruits and to a l$ the roceeds to the a$ment of a loan he got. What is the

standing of the contract" A. #t is void in the absence of the wife1s consent. @age 18 of ))Bar Examination Questionnaire for Civil Law Set A B. #t is void absent an authori>ation from the court. C. *he transaction is void and can neither be ratified b$ the wife nor authori>ed b$ the court. '. #t is considered a continuing offer b$ the arties+ erfected onl$ u on the wife1s acce tance or the court1s authori>ation. ;2. When the donor gives donations without reserving sufficient funds for his su ort or for the su ort of his de endents+ his donations are

A. <escissible+ since it results in economic lesion of more than )(3 of the value of his ro erties. B. Doidable+ since his consent to the donation is vitiated b$ mindless !indness. C. Doid+ since it amounts to wanton ex enditure be$ond his means. '. <educible to the extent that the donations im aired the su and his de endents. ;1. Anne owed Bess$ @1 million due on Actober 1+ )211 but failed to a$ her on due date. Bess$ sent a demand letter to Anne giving her ( da$s from recei t within which to a$. *wo da$s after recei t of the letter+ Anne ersonall$ offered to a$ Bess$ in managerEs chec! but the latter refused to acce t the same. *he ( da$s la sed. :a$ Anne1s obligation be considered extinguished" A. .es+ since Bess$1s refusal of the manager1s chec!+ which is resumed funded+ amounts to a satisfaction of the obligation. B. -o+ since tender of a$ment even in cash+ if refused+ will not discharge the obligation without ro er consignation in court. ort due to himself

C. .es+ since Anne tendered a$ment of the full amount due. '. -o+ since a manager1s chec! is not considered legal tender in the @hili ;). *he residents of a subdivision have been using an o en stri of land as assage to the highwa$ for over %2 $ears. *he owner of that land decided+ however+ to close it in re aration for building his house on it. *he residents rotested+ claiming that the$ became owners of the land through ac4uisitive rescri tion+ having been in ossession of the same in the conce t of owners+ ublicl$+ eacefull$+ and continuousl$ for more than %2 $ears. #s this claim correct" A. -o+ the residents have not been in continuous ossession of the land since the$ merel$ assed through it in going to the highwa$. B. -o+ the owner did not abandon his right to the ro ert$M he merel$ tolerated his neighbors1 use of it for assage. C. .es+ residents of the subdivision have become owners b$ ac4uisitive rescri tion. '. .es+ communit$ ownershi b$ rescri tion revails over rivate claims. ;%. *he owner of a thing cannot use it in a wa$ that will in,ure the right of a third erson. *hus+ ever$ building or land is sub,ect to the easement which rohibits its ro rietor or ossessor from committing nuisance li!e noise+ ,arring+ offensive odor+ and smo!e. *his rinci le is !nown as A. Cus vindicandi. B. Sic utere tuo ut alienum non laedas. @age 1; of ))Bar Examination Questionnaire for Civil Law Set A C. Cus dis ondendi. '. Cus abutendi. ines.

;/. Canice and Cennifer are sisters. Canice sued Cennifer and Laura+ Cennifer1s business artner for recover$ of ro ert$ with damages. *he com laint did not allege that Canice exerted earnest efforts to come to a com romise with the defendants and that such efforts failed. *he ,udge dismissed the com laint outright for failure to com l$ with a condition recedent. #s the dismissal in order" A. -o+ since Laura is a stranger to the sisters+ Canice has no moral obligation to settle with her. B. .es+ since court should romote amicable settlement among relatives. C. .es+ since members of the same famil$+ as arties to the suit+ are re4uired to exert earnest efforts to settle their dis utes before coming to court. '. -o+ the famil$ council+ which would ordinaril$ mediate the dis ute+ has been eliminated under the Bamil$ Code. ;(. 9 borrowed mone$ from a ban!+ secured b$ a mortgage on the land of .+ his close friend. When the loan matured+ . offered to a$ the ban! but it refused since . was not the borrower. #s the ban!1s action correct" A. .es+ since 9+ the true borrower+ did not give his consent to .1s offer to a$. B. -o+ since an$bod$ can discharge 91s obligation to his benefit. C. -o+ since .+ the owner of the collateral+ has an interest in the a$ment of the obligation. '. .es+ since it was 9 who has an obligation to the ban!. ;&. *he right of a mortgagor in a ,udicial foreclosure to redeem the mortgaged ro ert$ after his default in the erformance of the conditions of the mortgage but before the sale of the mortgaged ro ert$ or confirmation of the sale b$ the court+ is !nown as A. accion ubliciana.

B. e4uit$ of redem tion. C. acto de retro. '. right of redem tion. ;8. When does the regime of con,ugal artnershi of gains begin to exist" A. At the moment the arties ta!e and declare each other as husband and wife before officiating officer. B. At the time the s ouses ac4uire ro erties through ,oint efforts. C. An the date the future s ouses executed their marriage settlements because this is the starting oint of their marital relationshi . '. An the date agreed u on b$ the future s ouses in their marriage settlements since their agreement is the law between them. ;;. Cosie+ 1;+ married 'ante+ )(+ without her arents1 !nowledge and consent+ and lived with him. After a $ear+ Cosie returned to her arents1 home+ com lained of the unbearable battering she was getting from 'ante+ and ex ressed a desire to have her marriage with him annulled. Who ma$ bring the action" @age 1? of ))Bar Examination Questionnaire for Civil Law Set A A. 'ante. B. =er arents. C. Cosie herself. '. *he State. ;?. 9+ a married man+ cohabited with .+ an unmarried woman. *heir relation bore them BB+ a bab$ bo$. Subse4uentl$+ after 9 became a widower+ he married .. Was BB legitimated b$ that marriage" A. .es+ since his arents are now lawfull$ married. B. .es+ since he is an innocent art$ and the marriage rectified the wrong done

him. C. -o+ since once illegitimate+ a child shall alwa$s remain illegitimate. '. -o+ since his arents were not 4ualified to marr$ each other when he was conceived. ?2. *he resence of a vice of consent vitiates the consent of a art$ in a contract and this renders the contract A. <escissible. B. 0nenforceable. C. Doidable. '. Doid. ?1. Can common5law s ouses donate ro erties of substantial value to one another" A. -o+ the$ are onl$ allowed to give moderate gifts to each other during famil$ re,oicing. B. -o+ the$ cannot give an$thing of value to each other to revent lacing their legitimate relatives at a disadvantage. C. .es+ unli!e the case of legall$ married s ouses+ such donations are not rohibited. '. .es+ as long as the$ leave sufficient ro ert$ for themselves and for their de endents. ?). 9 owed . @1.( million. #n his will+ 9 gave . legac$ of @1 million but the will rovided that this legac$ is to be set off against the @1.( million 9 owed .. After the set off+ 9 still owed . @(22+222. Can . still collect this amount" A. .es+ because the designation of . as legatee created a new and se arate ,uridical relationshi between them+ that of testator5legatee. B. #t de ends u on the discretion of the robate court if a claim is filed in the

testate roceedings. C. -o+ because the intention of the testator in giving the legac$ is to abrogate his entire obligation to .. '. -o+ because 9 had no instruction in his will to deliver more than the legac$ of @1 million to .. ?%. Cosie owned a lot worth @( million rior to her marriage to <e$. Subse4uentl$+ their con,ugal artnershi s ent @% million for the construction of a @age )2 of ))Bar Examination Questionnaire for Civil Law Set A house on the lot. *he construction resulted in an increase in the value of the house and lot to @? million. Who owns the house and the lot" A. Cosie and the con,ugal artnershi of gains will own both on a (25(2 basis. B. Cosie will own both since the value of the house and the increase in the ro ert$1s value is less than her lot1s valueM but she is to reimburse con,ugal artnershi ex enses. C. Cosie still owns the lot+ it being her exclusive ro ert$+ but the house belongs to the con,ugal artnershi . '. *he house and lot shall both belong to the con,ugal artnershi + with Cosie entitled to reimbursement for the value of the lot. ?/. An action for reconve$ance of a registered iece of land ma$ be brought against the owner a earing on the title based on a claim that the latter merel$

holds such title in trust for the laintiff. *he action rescribes+ however+ within 12 $ears from the registration of the deed or the date of the issuance of the certificate of title of the ro ert$ as long as the trust had not been re udiated. What is the exce tion to this 125$ear rescri tive eriod" A. When the laintiff had no notice of the deed or the issuance of the certificate

of title. B. When the title holder concealed the matter from the laintiff. C. When fortuitous circumstances revented the laintiff from filing the case sooner. '. When the laintiff is in ossession of the ro ert$. ?(. Conrad and Linda+ both )2 $ears old+ a it a lied for a marriage license+ ma!ing

ear that the$ were over )(. *he$ married without their arents1 !nowledge

before an unsus ecting ,udge. After the cou le has been in cohabitation for & $ears+ Linda1s arents filed an action to annul the marriage on ground of lac! of arental consent. Will the case ros er" A. -o+ since onl$ the cou le can 4uestion the validit$ of their marriage after the$ became )1 of ageM their cohabitation also convalidated the marriage. B. -o+ since Linda1s arents made no allegations that earnest efforts have been made to come to a com romise with Conrad and Linda and which efforts failed. C. .es+ since the marriage is voidable+ the cou le being below )1 $ears of age when the$ married. '. .es+ since Linda1s arents never gave their consent to the marriage. ?&. @e ito executed a will that he and % attesting witnesses signed following the formalities of law+ exce t that the -otar$ @ublic failed to come. *wo da$s later+ the -otar$ @ublic notari>ed the will in his law office where all signatories to the will ac!nowledged that the testator signed the will in the resence of the witnesses and that the latter themselves signed the will in the resence of the testator and of one another. Was the will validl$ notari>ed" A. -o+ since it was not notari>ed on the occasion when the signatories affixed their signatures on the will. B. .es+ since the -otar$ @ublic has to be resent onl$ when the signatories

ac!nowledged the acts re4uired of them in relation to the will. C. .es+ but the defect in the mere notari>ation of the will is not fatal to its @age )1 of ))Bar Examination Questionnaire for Civil Law Set A execution. '. -o+ since the notar$ ublic did not re4uire the signatories to sign their res ective attestations again. ?8. Denecio and Ester lived as common5law s ouses since both have been married to other ersons from whom the$ had been se arated in fact for several $ears. =ardwor!ing and bright+ each earned incomes from their res ective rofessions and enter rises. What is the nature of their incomes" A. Con,ugal since the$ earned the same while living as husband and wife. B. Se arate since their ro ert$ relations with their legal s ouses are still subsisting. C. Co5ownershi since the$ agreed to wor! for their mutual benefit. '. Communal since the$ earned the same as common5law s ouses. ?;. What is the rescri tive eriod for filing an action for revocation of a donation based on acts of ingratitude of the donee" A. ( $ears from the erfection of the donation. B. 1 $ear from the erfection of the donation. C. / $ears from the erfection of the donation. '. Such action does not rescribe. ??. Before Laren married Larl+ she inherited @( million from her deceased mother which amount she brought into the marriage. She later used art of the mone$ to bu$ a new :ercedes Ben> in her name+ which Laren and her husband used as a famil$ car. #s the car a con,ugal or Laren1s exclusive ro ert$"

A. #t is con,ugal ro ert$ since the s ouses use it as a famil$ car. B. #t is Laren1s exclusive ro ert$ since it is in her name. C. #t is con,ugal ro ert$ having been bought during the marriage. '. #t is Laren1s exclusive ro ert$ since she bought it with her own mone$. 122. Because of 91s gross negligence+ . suffered in,uries that resulted in the abortion of the foetus she carried. . sued 9 for+ among other damages+ @1 million for the death of a famil$ member. #s . entitled to indemnit$ for the death of the foetus she carried" A. .es+ since the foetus is alread$ regarded as a child from conce tion+ though unborn. B. -o+ since 91s would not have !nown that the accident would result in .1s abortion. C. -o+ since birth determines ersonalit$+ the accident did not result in the death of a erson. '. .es+ since the mother believed in her heart that she lost a child. @age )) of ))