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2010 MOCK BAR EXAMINATIONS CIVIL LAW 6 JUNE 2010 INSTRUCTIONS This questionnaire is in TWO PARTS: Part I with ten questions (numbered I to X), contained in 3 pages; and Part II with 9 questions numbered XI to XIX, contained in 3 pages, for a total number of 6 pages. Begin your answer to each numbered question on a separate page; an answer to a subquestion under the same number may be written continuously on the same page and succeeding pages until completed. Answer the questions directly and concisely. legibly. Do not repeat the questions. Write 8:00 AM – 12 NOON
GOOD LUCK! MANUEL R. RIGUERA CHAIRMAN, 2010 MOCK BAR EXAMINATIONS COMMITTEE
I Sandra is the registered owner of a parcel of land covered by TCT No. 34567 in Ternate, Cavite. Sandra executed a notarized deed of sale over the land in favor of Beth, who paid a fair price for the land. The deed of sale was not registered because Sandra told Beth that the owner’s duplicate title was in the possession of the Rural Bank of Ternate, Cavite. Sandra however promised that she would soon pay off her debt to the bank and deliver the owner’s duplicate title to Beth. Later Beth heard reports that Sandra was again offering the land for sale. Beth filed with the Register of Deeds a notice of adverse claim over the land based on Sandra’s deed of sale in her favor. The adverse claim was entered in the primary entry book but was not annotated on TCT No. 34567 because of the negligence of the Register of Deeds. Subsequently Sandra offered for sale the land to Carla. Carla went to the Register of Deeds to verify if the title over the land is clean. Not finding any lien or encumbrance on TCT No. 34567, Carla bought the land by paying the fair market value thereof. The deed of sale by Sandra in favor of Carla was registered and a new title was issued in the name of Carla. Sandra delivered possession of the land to Carla. Carla was later on advised in writing by Beth’s lawyer of the earlier sale to Beth. Beth’s lawyer demands that Carla surrender the ownership and possession over the land in favor of Beth. Carla refers the matter to the Riguera & RIguera Law Office for legal advice. You are an associate in Riguera & Riguera and the senior partner, Manuel Riguera, asks you to prepare a concise memorandum stating the legal issues involved and giving your opinion on whether Carla is entitled to the ownership of the land. Write the memorandum addressed to Atty. Riguera. In writing the memorandum, omit the statement of facts and proceed immediately to the issues involved and your opinion on whether Carla is entitled to the ownership of the land. II Kate, a Filipina married John, an Australian national who was domiciled in Canada. The union was blessed with three children Joey, Jess and Jen. In 2005, John executed a holographic will in Sydney which was not recognized as a valid form of a will under the laws of Australia. He instituted Kate as sole heir to his estate.
Luis filed a motion to quash the information on the ground that international long distance calls and the business of providing telecommunication services are not personal property which may be the subject of theft under Article 308 of the Revised Penal Code. Judge Tongpats asked for his fee and handed to them one copy of the contract and quickly commented. b) Is the business of providing telecommunication services personal property which may be the subject of theft? Explain. Later Wilma divorced Harry and married a U. John died in a plane crash. He left an estate worth $2 million dollars. which provides that where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry. a) Are international long distance calls personal property of PLDT which may be the subject of theft? Explain. The three sons filed an opposition to the probate on the following grounds: a) The laws of Australia do not allow holographic wills. where the parties are a Filipino and an alien at the time of the celebration of the marriage and not the situation where both were Filipinos at the time of the celebration of the marriage. Harry then filed with the RTC a petition for authority to remarry invoking the second paragraph of Article 26 of the Family Code.Under Australian law a person may will his estate to anyone provided the instituted heir is alive at the time of the testator’s death. A few hours after they filed their application. After a brief courtship. Filipino citizens. had just retired a day earlier. and was subsequently naturalized as a U. the latter handed six copies of what purports to be a marriage contract and asked both to sign at the bottom of the page and give their personal information to the clerk. the original owner. both 18 years of age. In 1986 Wilma left for the U. The Office of the Solicitor General opposed the petition on the ground that Article 26 only applies to the situation of a mixed marriage. VI Emma bought a parcel of land from Equitable-PCI Bank. effectively stealing this business from PLDT while using its facilities. they concocted a plan to offer a round trip airfare to Hongkong to the Local Civil Registrar of Manila so that they will not be required to go through the usual process of applying for the marriage license. who unknown to the parties. Should the RTC grant the petition for authority to remarry? Explain. the Filipino spouse shall likewise have capacity to remarry under Philippine law.A. citizen. The couple then proceeded to the sala of Judge Tongpats.S.S. which is a method of routing and completing international long distance calls using lines and air wave frequency which connect directly to the domestic facilities of the country where the call is destined. The information alleges that Luis stole the international long distance calls belonging to PLDT by conducting International Simple Resale (ISR). The following year.S. IV Zandro and Zita. which had no outlet 2 . III In 1981 Harry and Wilma. V Luis was charged with theft. His will was presented for probate before the Regional Trial Court of Makati. got married in Manila. were classmates in college. they decided to get married without the blessings of their parents. that is. Thereafter. When Zandro and Zita approached Judge Tongpats. “you may now kiss your bride”. citizen. which acquired the same from Felisa. Emma discovered that Felisa had granted a right of way over the land in favor of the land of Georgina. the license was issued by the LCR of Manila. Resolve the opposition. After the parties complied. Discuss what you perceive to be the defects and/or irregularities in the marriage of Zandro and Zita and their effects on its validity. Eager to be married soon. and b) they were deprived of their legitimes under Philippine law.
The spouses Perez filed a motion to dismiss the counterclaim on the ground that the same is a collateral attack upon the title. but the easement was not annotated when the servient estate was registered under the Torrens system. Kate and Kim. “Ur welcome. “I donate my vintage Alfa Romeo sports car to u wc I know u hav long bin wanting.000. c) Should the counterclaim be dismissed? Explain. nieces of Quintin by his predeceased sister Kyla. Jose. Jose mailed a letter of acceptance of the donation to Pedro. full blood brothers of Quintin’s father Oscar. How would you decide the controversy? Explain. IX A holographic will was presented for probate. Delson filed an answer with counterclaim wherein he counterclaimed that the title of the Perezes should be nullified since they secured the OCT through fraud and deceit. b) Distinguish between a direct attack and an indirect or collateral attack on the title. The executor opposed the claim on the ground that the donation was void for non-compliance with the formal requirements for validity of a donation.to a public highway. The proponent presented two witnesses who testified that the will is in the handwriting of the testatrix and that no undue influence was exerted upon her.” Jose texted back saying. VIII The spouses Perez filed a complaint for quieting of title and damages against Engr. a) May a Torrens title be subject to a collateral attack? Explain. who is a full blood cousin of Quintin. VII On 1 April 2010. “Tnx 4 giving d Alfa 2me! ” Pedro texted back. Pedro sent a text message to his brother. c) What are the formal requirements for the validity of a holographic will? X Quintin died intestate survived by the following: Vince and Vina. Olivia. Diana. (b) Suppose the parents of Quintin are among the survivors. b) Would your answer be the same if the ground of the opposition was the forgery of the testatrix’s signature in the will? Explain. a resident of Iloilo City.” Upon his lawyer’s advice. Delson wherein the Plaintiffs allege that they are the owners of the property being occupied by Delson. The Perezes presented an OCT to prove their ownership. Jeng and Jill. His estate is P240. who will concur with them in the estate of Quintin? PART II 3 . How should the court resolve the issue of the Alfa Romeo’s ownership? Explain. Emma then filed a complaint for cancellation of the right of way. on the ground that it had been extinguished by such failure to annotate. Jose and Jaime. and hence the Alfa Romeo belongs to the heirs of Pedro. but it was received in Pedro’s house a day after the demise of Pedro in a helicopter crash while campaigning for congressman. a full blood sister of Quintin. children of Queenie. children of a predeceased brother of Quintin’s mother. (a) Determine the intestate shares of the relatives entitled to inherit from Quintin. Jose filed an action against the administrator of Pedro’s estate to compel the delivery of the Alfa Romeo. a) Should the will be allowed? Explain. The oppositors argued that the will should not be allowed since the proponent did not present three witnesses as provided for in Article 811 of the Civil Code. The oppositors challenged the validity of the will on the ground that the testatrix executed the same under undue influence. Jose presented the text messages between Pedro and him which are stored in his cellular phone and also the letter of acceptance.
is the full-blood sister of Tim.XI Tess is a legally adopted child of spouses Tim and Trish. During the trial Portia’s lawyer stated that he will present Portia for the purpose of testifying on the oral contract of sale. Dina filed a motion to dismiss on the ground that she cannot be compelled to perform the contract since it was not in writing. no debts and an estate of P360. Pia asked Edwin if Drew knew about Edwin’s offer to pay and Edwin replied that Drew did not know of it. b) Assuming that you were the lawyer for Polly. Dina was not the owner of Lot 1.000 from Pia.00. Upon Tess’ death. with Edwin acting as surety for the loan. b) If you were the judge. b) Assuming that Pia refuses to accept Edwin’s payment. if any? Explain. “payable when able. XIII Demi borrowed P500. Portia filed an action for specific performance against Dina. On the maturity date. Trish. May Edwin foreclose upon the mortgage executed by Martin? Explain. Later on Portia asked Dina to deliver the lot to her but Dina refused since she had obtained a better offer from Teresa. Who are entitled to inherit from Tess? What are the respective intestate shares of the survivors? XII Drew borrowed P500.000 in cash. XIV Portia and Dina entered into an oral contract wherein Dina agreed to the sale of Lot 1 to Portia for the price of P2.000.000 from Polly. Edwin offered to pay Pia the P500. a) Polly filed a collection suit against Demi.000. what is the recourse of Edwin. a) Is the contract of sale valid? Explain. If you were the lawyer for Demi. Tess’ biological mother. she had a common-law relationship with her business partner and they had a daughter Tina.” Four years had lapsed from the grant of the loan and Demi has yet to pay Polly despite the latter’s demands. Tong and Tina. would you grant Dina’s motion to dismiss? Explain. how would you counter the suit filed by Polly? Explain. the latter was unable to pay because of insolvency. The loan was also secured by a real estate mortgage executed by Martin in favor of Pia.000. a) Can Edwin compel Pia to accept payment from him? Explain. Prior to Tess’ marriage to Tong. After Portia had finished her direct testimony. the lawyer for Dina moved to strike out Portia’s testimony on the ground that it was in violation of the Statute of Frauds. Tonet. It turned out that at the time Portia and Dina agreed upon the sale. c) Assume that Pia accepted Edwin’s payment. Let us say that instead of filing a motion to dismiss Dina filed an answer raising the defense that the contract of sale was unenforceable under the Statute of Frauds. Tess married Tong in 1998 but they remained childless even up the time of Tess’ death in December 2007. She was survived by Tim. she left no will. what action would you file in behalf of Polly? Where would you file the suit? Explain. 4 . When Edwin tried to seek reimbursement from Drew.
and Carlos? The subdivision project flopped because adverse claims on the lots scared away buyers. The bank eventually foreclosed on the land. b) Is Carlos liable to bear a part of the losses? XVII Peter.179. Andy countered that he should not be liable as the loss of the car was due to a fortuitous event and the one actually using it was Beth. The land would then be sold to the public and Andres and Bong would be entitled to 60% and Carlos 40% of the sales proceeds.51. and Beth? Explain. it should only be for the amount of P250. The car was a total wreck. Peter then sued Andy for payment of the P500.000. Andy. XVI Andres. In his appeal. Is Pol’s contention correct? Explain. a) What is the name or the designation of the contract entered into among Peter. while Beth was driving the car at the South Super Highway with due care. and ordered Ric to return the P497. Bong. she met an accident in which she had no fault. Andy. Andy also argued that assuming he could be held liable. for how much? Explain.51 to Pol. Pol contends that the Agreement cannot be rescinded since he has already paid Ric a considerable sum and has therefore substantially complied with his obligation.c) What is the Statute of Frauds? What is the purpose of the Statute of Frauds? d) If you were the judge. ordered Pol to return the parcels of land to Ric. Pursuant to the agreement the land was mortgaged to a bank and the loan proceeds were used to develop the land.179. Bong. Twelve days later.000 value of the car. Ric filed an action for rescission of the Agreement which was granted by the trial court. The court ordered the setting aside of the Agreement. would you sustain the motion to strike out? Explain. a) What is the name or the designation of the contract entered into among Andres. XVIII 5 . Pol paid only a total of P497. XV Ric and Pol entered into an “Agreement of Purchase and Sale” wherein Ric bound himself to deliver a deed of absolute sale and clean title covering 2 parcels of land to Pol upon the latter’s full payment of the purchase price of P2 million. Andres and Bong sued Carlos for the latter to bear a part of the losses. b) Should Andy be held liable to Peter for the value of the car? If so. and Carlos entered into an agreement (embodied in a public instrument) wherein Andres and Bong would contribute land which was to be developed into a subdivision while Carlos would contribute his technical expertise and efforts in developing and marketing the subdivision. and Beth had an agreement wherein Peter lent his Nissan Sentra to Andy and Beth for their free use for one week.
000. Is Ding’s defense meritorious? Explain. Who would have a right to the P40. Inc. Acme also has unpaid income taxes owing to the BIR.Acme Corporation mortgaged its building to the Bank of the Philippine Archipelago in order to secure a loan of P50. 2010 6 . The building was built by Delta Builders. The contract price for the construction. NOTHING FOLLOWS. b) The Aegis Nursing Institution.000. Inc. Ltd.000? Explain. Ding filed an answer where he raised the defense that a juridical person is not entitled to moral damages because it cannot experience physical suffering or wounded feelings. and the 6-month’s wages of the workers of Acme are all unpaid. the bank foreclosed on the mortgage and the building was sold at the foreclosure sale for P40. XIX a) What are the kinds of damages provided for in the Civil Code? Briefly define each. 2010 CIVIL MOCK BAR/MRR USB KINGSTON BLACK 4GB/ ALL RIGHTS RESERVED. (ANI) was lambasted by Ding in a radio broadcast as operating a diploma mill churning out ill-trained nursing graduates who had paid their way through. using material furnished by Altis Corporation.000. JURISTS REVIEW CENTER INC.000 to Value Partners. the price of the materials. ANI sued Ding for moral damages.000. Since Acme failed to pay the loan.
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