2005 BAR EXAMINATION IN CIVIL LAW

BAR EXAMINATIONS 2005

CIVIL LAW
11 September 2005 8 A.M. — 12 Noon

INSTRUCTIONS

This questionnaire consists of sixteen (16) numbers contained in nine (9) pages. Read
each question very carefully. Answer legibly, clearly and concisely. Start each number on
a separate page; an answer to a sub-question under the same number may be written
continuously on the same and immediately succeeding pages until completed. Do not
repeat the question.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE GOOD LUCK!!!

(Sgd.) Romeo J. Callejo, Sr.

Chairman
2005 Bar Examination Committee

PLEASE CHECK THE NUMBER OF PAGES IN THIS SET WARNING: NOT FOR
SALE OR UNAUTHORIZED USE

CIVIL LAW

-I-

Gabby and Mila got married at Lourdes Church in Quezon City on July 10, 1990. Prior
thereto, they executed a marriage settlement whereby they agreed on the regime of
conjugal partnership of gains. The marriage settlement was registered in the Register of
Deeds of Manila, where Mila is a resident. In 1992, they jointly acquired a residential
house and lot, as well as a condominium unit in Makati. In 1995, they decided to change
their property relations to the regime of complete separation of property. Mila consented,
as she was then engaged in a lucrative business. The spouses then signed a private
document dissolving their conjugal partnership and agreeing on a complete separation of
property.

Thereafter, Gabby acquired a mansion in Baguio City, and a 5-hectare agricultural land in
Oriental Mindoro, which he registered exclusively in his name.
In the year 2000, Mila’s business venture failed, and her creditors sued her for
P10,000,000.00. After obtaining a favorable judgment, the creditors sought to execute on
the spouses’ house and lot and condominium unit, as well as Gabby’s mansion and
agricultural land.

a) Discuss the status of the first and the amended marriage settlements. (2%)

b) Discuss the effect/s of the said settlements on the properties acquired by the spouses.
(2%)

c) What properties may be held answerable for Mila’s obligations? Explain. (2%)

- II -

In 1985, Sonny and Lulu, both Filipino citizens, were married in the Philippines. In 1987,
they separated, and Sonny went to Canada, where he obtained a divorce in the same year.
He then married another Filipina, Auring, in Canada on January 1, 1988. They had two
sons, James and John. In 1990, after failing to hear from Sonny, Lulu married Tirso, by
whom she had a daughter, Verna. In 1991, Sonny visited the Philippines where he
succumbed to heart attack.

a) Discuss the effect of the divorce obtained by Sonny and Lulu in Canada. (2%)

b) Explain the status of the marriage between Sonny and Auring. (2%)

c) Explain the status of the marriage between Lulu and Tirso. (2%)

d) Explain the respective filiation of James, John and Verna. (2%)

e) Who are the heirs of Sonny? Explain. (2%)

- III -

Emil, the testator, has three legitimate children, Tom, Henry and Warlito; a wife named
Adette; parents named Pepe and Pilar; an illegitimate child, Ramon; brother, Mark; and a
sister, Nanette. Since his wife Adette is well-off, he wants to leave to his illegitimate
child as much of his estate as he can legally do. His estate has a net amount of
P1,200,000.00, and all the above-named relatives are still living. Emil now comes to you
for advice in making a will.

How will you distribute his estate according to his wishes without violating the law on
testamentary succession? (5%)
- IV -

Steve was married to Linda, with whom he had a daughter, Tintin. Steve fathered a son
with Dina, his secretary of 20 years, whom Dina named Joey, born on September 20,
1981. Joey’s birth certificate did not indicate the father’s name. Steve died on August 13,
1993, while Linda died on December 3, 1993, leaving their legitimate daughter, Tintin, as
sole heir. On May 16, 1994, Dina filed a case on behalf of Joey, praying that the latter be
declared an acknowledged illegitimate son of Steve and that Joey be given his share in
Steve’s estate, which is now being solely held by Tintin. Tintin put up the defense that an
action for recognition shall only be filed during the lifetime of the presumed parents and
that the exceptions under Article 285 of the Civil Code do not apply to him since the said
article has been repealed by the Family Code. In any case, according to Tintin, Joey’s
birth certificate does not show that Steve is his father.

a) Does Joey have a cause of action against Tintin for recognition and partition? Explain.
(2%)

b) Are the defenses set up by Tintin tenable? Explain. (2%)

c) Supposing that Joey died during the pendency of the action, should the action be
dismissed? Explain. (2%)

-V-

In 1984, Eva, a Filipina, went to work as a nurse in the USA. There, she met and fell in
love with Paul, an American citizen, and they got married in 1985. Eva acquired
American citizenship in 1987. During their sojourn in the Philippines in 1990, they filed a
joint petition for the adoption of Vicky, a 7-year old daughter of Eva’s sister. The
government, through the Office of the Solicitor General, opposed the petition on the
ground that the petitioners, being both foreigners, are disqualified to adopt Vicky.

a) Is the government’s opposition tenable? Explain. (2%)

b) Would your answer be the same if they sought to adopt Eva’s illegitimate daughter?
Explain. (2%)

c) Supposing that they filed the petition to adopt Vicky in the year 2000, will your answer
be the same? Explain. (2%)

- VI -

Hans Herber, a German national, and his Filipino wife, Rhoda, are permanent residents of
Canada. They desire so much to adopt Magno, an 8-year old orphaned boy and a
baptismal godson of Rhoda. Since the accidental death of Magno’s parents in 2004, he
has been staying with his aunt who, however, could hardly afford to feed her own family.
Unfortunately, Hans and Rhoda cannot come to the Philippines to adopt Magno although
they possess all the qualifications as adoptive parents.

Is there a possibility for them to adopt Magno?

How should they go about it? (5%)

- VII -

Don was the owner of an agricultural land with no access to a public road. He had been
passing through the land of Ernie with the latter’s acquiescence for over 20 years.
Subsequently, Don subdivided his property into 20 residential lots and sold them to
different persons. Ernie blocked the pathway and refused to let the buyers pass through
his land.

a) Did Don acquire an easement of right of way? Explain. (2%)

b) Could Ernie close the pathway and refuse to let the buyers pass? Give reasons. (2%)

c) What are the rights of the lot buyers, if any? Explain. (2%)

- VIII -

State with reason whether each of the following is a nuisance, and if so, give its
classification, whether public or private:

a) A squatter’s hut (1%)

b) A swimming pool (1%)

c) A house of prostitution (1%)

d) A noisy or dangerous factory in a private land (1%)

e) Uncollected garbage (1%)

- IX -

Marvin offered to construct the house of Carlos for a very reasonable price of
P900,000.00, giving the latter 10 days within which to accept or reject the offer. On the
fifth day, before Carlos could make up his mind, Marvin withdrew his offer.

a) What is the effect of the withdrawal of Marvin’s offer? (2%)

b) Will your answer be the same if Carlos paid Marvin P10,000.00 as consideration for
that option? Explain. (2%)

c) Supposing that Carlos accepted the offer before Marvin could communicate his
withdrawal thereof?

Discuss the legal consequences. (2%)

-X-

Bernie bought on installment a residential subdivision lot from DEVLAND. After having
faithfully paid the installments for 48 months, Bernie discovered that DEVLAND had
failed to develop the subdivision in accordance with the approved plans and
specifications within the time frame in the plan. He thus wrote a letter to DEVLAND
informing it that he was stopping payment. Consequently, DEVLAND cancelled the sale
and wrote Bernie, informing him that his payments are forfeited in its favor.

a) Was the action of DEVLAND proper? Explain. (2%)

b) Discuss the rights of Bernie under the circumstances. (2%)

c) Supposing DEVLAND had fully developed the subdivision but Bernie failed to pay
further installments after 4 years due to business reverses. Discuss the rights and
obligations of the parties. (2%)

- XI -

Before he left for Riyadh to work as a mechanic, Pedro left his Adventure van with Tito,
with the understanding that the latter could use it for one year for his personal or family
use while Pedro works in Riyadh. He did not tell Tito that the brakes of the van were
faulty. Tito had the van tuned up and the brakes repaired. He spent a total amount of
P15,000.00. After using the vehicle for two weeks, Tito discovered that it consumed too
much fuel. To make up for the expenses, he leased it to Annabelle. Two months later,
Pedro returned to the Philippines and asked Tito to return the van. Unfortunately, while
being driven by Tito, the van was accidentally damaged by a cargo truck without his
fault.

a) Who shall bear the P15,000.00 spent for the repair of the van? Explain. (2%)

b) Who shall bear the costs for the van’s fuel, oil and other materials while it was with
Tito? Explain. (2%)

c) Does Pedro have the right to retrieve the van even before the lapse of one year?
Explain. (2%)

d) Who shall bear the expenses for the accidental damage caused by the cargo truck,
granting that the truck driver and truck owner are insolvent? Explain. (2%)

- XII -

On July 14, 2004, Pedro executed in favor of Juan a Deed of Absolute Sale over a parcel
of land covered by TCT No. 6245. It appears in the Deed of Sale that Pedro received
from Juan P120,000.00 as purchase price. However, Pedro retained the owner’s duplicate
of said title. Thereafter, Juan, as lessor, and Pedro, as lessee, executed a contract of lease
over the property for a period of one (1) year with a monthly rental of P1,000.00. Pedro,
as lessee, was also obligated to pay the realty taxes on the property during the period of
lease.

Subsequently, Pedro filed a complaint against Juan for the reformation of the Deed of
Absolute Sale, alleging that the transaction covered by the deed was an equitable
mortgage. In his verified answer to the complaint, Juan alleged that the property was sold
to him under the Deed of Absolute Sale, and interposed counterclaims to recover
possession of the property and to compel Pedro to turn over to him the owner’s duplicate
of title.

Resolve the case with reasons. (6%)

- XIII -

Rod, the owner of an FX taxi, found in his vehicle an envelope containing TCT No.
65432 over a lot registered in Cesar’s name. Posing as Cesar, Rod forged Cesar’s
signature on a Deed of Sale in Rod’s favor. Rod registered the said document with the
Register of Deeds, and obtained a new title in his name. After a year, he sold the lot to
Don, a buyer in good faith and for value, who also registered the lot in his name.

a) Did Rod acquire title to the land? Explain. (2%)

b) Discuss the rights of Don, if any, over the property. (2%)

c) In an ejectment case filed by Don against Cesar, can the latter ask for the cancellation
of Don’s title considering that he (Cesar) is the rightful owner of the lot? Explain. (2%)

- XIV -

Under a written contract dated December 1, 1989, Victor leased his land to Joel for a
period of five (5) years at a monthly rental of P1,000.00, to be increased to P1,200.00 and
P1,500.00 on the third and fifth year, respectively. On January 1, 1991, Joel subleased the
land to Conrad for a period of two (2) years at a monthly rental of P1,500.00. On
December 31, 1992, Joel assigned the lease to his compadre, Ernie, who acted on the
belief that Joel was the rightful owner and possessor of the said lot. Joel has been
faithfully paying the stipulated rentals to Victor. When Victor learned on May 15, 1992
about the sublease and assignment, he sued Joel, Conrad and Ernie for rescission of the
contract of lease and for damages.

a) Will the action prosper? If so, against whom? Explain. (2%)

b) In case of rescission, discuss the rights and obligations of the parties. (2%)

- XV -

Under the law on quasi-delict, aside from the persons who caused injury to persons, who
else are liable under the following circumstances:

a) When a 7-year-old boy injures his playmate while playing with his father’s rifle.
Explain. (2%)

b) When a domestic helper, while haggling for a lower price with a fish vendor in the
course of buying foodstuffs for her employer’s family, slaps the fish vendor, causing her
to fall and sustain injuries. Explain. (2%)

c) A carpenter in a construction company accidentally hits the right foot of his co-worker
with a hammer. Explain. (2%)

d) A 15-year-old high school student stabs his classmate who is his rival for a girl while
they were going out of the classroom after their last class. Explain. (2%)

e) What defense, if any, is available to them? (2%)

- XVI -

Dr. and Mrs. Almeda are prominent citizens of the country and are frequent travelers
abroad. In 1996, they booked round-trip business class tickets for the Manila-Hong
Kong-Manila route of the Pinoy Airlines, where they are holders of Gold Mabalos Class
Frequent Flier cards. On their return flight, Pinoy Airlines upgraded their tickets to first
class without their consent and, inspite of their protestations to be allowed to remain in
the business class so that they could be with their friends, they were told that the business
class was already fully booked, and that they were given priority in upgrading because
they are elite members/holders of Gold Mabalos Class cards. Since they were
embarrassed at the discussions with the flight attendants, they were forced to take the
flight at the first class section apart from their friends who were in the business class.
Upon their return to Manila, they demanded a written apology from Pinoy Airlines.
When it went unheeded, the couple sued Pinoy Airlines for breach of contract claiming
moral and exemplary damages, as well as attorney’s fees.

Will the action prosper? Give reasons. (5%)

NOTHING FOLLOWS.