RALPH L.

MONDAY

COR JESU COLLEGE LAW SCHOOL

2021 MOCK BAR EXAMINATIONS
CIVIL LAW

MAY 4, 2021 6 PM TO 8 PM

INSTRUCTIONS

1. This Questionnaire contains SIX (6) pages including this page. Check
the number of pages and their proper sequencing.

Read each question very carefully and type your answers in a TIMES NEW
ROMAN font size 14 in the same order as the questions. OBSERVE
PROPER MARGIN. Note well the allocated percentage points for each
question or sub-question. In your answers, use the numbering system in the
questionnaire.

2. Answer the questions legibly, clearly, and concisely. Start each answer
on a separate page. An answer to a sub-question under the same number
may be written continuously on the same page and the immediately
succeeding pages until completed.

3. Your answer should demonstrate your ability to analyze the facts,

apply the pertinent laws and jurisprudence, and arrive at a sound or logical
conclusion. Always support your answer with the pertinent laws, rules,
and/or jurisprudence.

A MERE "YES" OR "NO" ANSWER WITHOUT ANY

CORRESPONDING EXPLANATION OR DISCUSSION WILL NOT BE
GIVEN FULL CREDIT. THUS, ALWAYS BRIEFLY BUT FULLY
EXPLAIN YOUR ANSWERS ALTHOUGH THE QUESTION DOES
NOT EXPRESSLY ASK FOR AN EXPLANATION. DO NOT REWRITE
OR REPEAT THE QUESTION ON YOUR NOTEBOOK.

4. EMAIL YOUR ANSWER TO deanGMDBP@gmail.com.

5. YOUR VIDEO MUST BE ON ALL THROUGH OUT THE

EXAMS. IF THE VIDEO IS OFF, I WILL CONSIDER YOU AS
HAVING COMMITTED CHEATING.

5. AVOID cheating. ANG MAGCHEAT, MAGABAAN!!!

DEAN GENEVIEVE MARIE D.B. PAULINO

Chairperson
2021 Mock Bar Examinations
CIVIL LAW REVIEW

I.

a. Spouses Lee Pong and Kee At used to be the owners of Apartment

No. 307 of the Paulino Building, together with the leasehold right
for ninety- nine (99) years over the land on which the building
stands. The land is registered in the name of Paulino Investments,
Inc. as evidenced by Transfer Certificate of Title No. 012345 of
the Registry of Deeds of the City Digos. It appears that Paulino
Investments, Inc. owned the building which houses the apartment
units but sold Apartment No. 307 and leased a portion of the land
in which the building stands to the SPOUSES.

In February, 2018, the SPOUSES purchased from MABUHAY

Automotive, Inc. (MABUHAY) seven (7) units of motor vehicles
amounting to P4.7 million payable in 12 installments. Their
agreement included an undertaking in the part of the spouses that:
if they should fail to pay their obligation to MABUHAY, the latter
shall become automatically the owner of the former's apartment
which is located at No. 307, Paulino Building, Digos City, with the
only obligation on its part to pay unto SPOUSES Lee Pong and
Kee At the amount of P300,000; and in such event, SPOUSES Lee
Pong and Kee At shall execute the corresponding Deed of absolute
Sale in favor of MABUHAY and or the Assignment of Leasehold
Rights.

After making a downpayment of P700,000, the SPOUSES failed to

pay the balance of P4,000,000. Due to these unpaid balances,
MABUHAY filed an action for specific performance against the
SPOUSES with the RTC of Digos City, Davao del Sur. After
hearing, judgment was rendered in favor of MABUHAY.

Pursuant to said judgment, an order for execution pending appeal

was issued by the trial court and a deed of assignment dated May
27, 2018, was executed by the SPOUSES over Apartment No. 307
of the Paulino Building together with the leasehold right over the
land on which the building stands. The SPOUSES acknowledged
receipt of the sum of P300,000 more or less, paid by MABUHAY
pursuant to the said judgment.

Notwithstanding the execution of the deed of assignment the

SPOUSES remained in possession of the premises. Subsequently,
they were allowed to remain in the premises as lessees for a
stipulated monthly rental until November 30, 2018.

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 Despite the expiration of the said period, the SPOUSES failed to
surrender possession of the premises in favor of MABUHAY. This
prompted MABUHAY to file an ejectment case against them in the
City Court of Digos. This action was however dismissed on the
ground that MABUHAY was not the real party in interest, not
being the owner of the building.

On February 7, 2019, after demands to vacate the subject apartment

made by MABUHAY's counsel was again ignored by the
SPOUSES, an action for recovery of possession with damages was
filed with the RTC of Digos City, against the SPOUSES. A
decision in said case was rendered in favor of MABUHAY.

The Spouses assail the DEED of ASSIGNMENT for being void as

it partakes of the nature of PACTUM COMMISORIUM.

A. Whether the deed of assignment is null and void because it is in the

nature of a pactum commissorium? Explain fully. ( 5 pts.)

Yes, the deed of assignment is Void for it partakes of the nature of pactum
commisorium. Clearly the stipulation in the subject deed provided for the
automatic appropriation of the subject property should the spouses fail to
pay their obligation to MABUHAY.This practice is clearly prohibited under
the Civil Code and under jurisprudence. What should have been done
instead by Mabuhay is to cause the execution of a Dation en Pago which is
not prohibited or it should have caused an execution of a Real estate
mortgage and later on foreclose the subject property.

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 II

a. In a contract of Antichresis, when will the owner of the real

property regain possession of the thing? Explain fully. ( 5 pts.)

The owner of the real property shall only gain only back the possession of it
upon the termination of the subject contract or upon the non-payment of the
creditor of the necessary expenses for instance a tax to such property. In the
first case those causes for the extinguishment of contract could take place
but for the latter it is the preference of the creditor that shall the re-entry of
the debtor to such property possible.

b. When will the obligation of the guarantor not attach even if the
debtor failed to pay the loan? Explain fully. ( 5 pts.)
If the creditor fails to exhaust all available remedies to him. It is
only upon his failure to have the other properties and creditor liable that he
may be allowed to proceed to the guarantor.

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 III

The seller executed a contract to sell of a piece of land in favor of the

buyer. Their contract to sell contained an automatic cancellation
clause in case of default.

Upon failure by the buyer to make any installment payment, the seller
cancelled the contract to sell relying on the automatic cancellation
clause stated in the Contract. In a letter sent to the buyer, the seller
notified the buyer of the cancellation of the Contract.

Later on, the buyer remitted certain amounts to the seller and they
executed a new contract to sell but eventually, the buyer still defaulted
in paying the amortizations.

Later on, the buyer assails the resolution of the contract to sell, stating
that it was invalid for failure to comply with the provisions of the
Maceda Law. Rule on the matter. ( 5 pts.)

The contention of the buyer has no merit. According to

the Maceda law it shall only apply to contract of Sale of an
immovable property sold by installment and not to contract to Sell. A
contract to sell is still subject to a positive suspensive condition hence
there is no transfer of ownership to begin with.

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 IV

State whether the statement is true or false. SUPPORT YOUR

ANSWER WITH REASONS. ( 5 pts. Each)

a. The rule that contracts are binding only between the parties, their
assigns, heirs is absolute. The rule has no exceptions. ( 5 pts. )

FALSE. The law admits several exceptions such as but not limited to: (1)
Where parties so stipulate (2) In case of Stipulation Pour Autrui.

b. Contracts entered into by minors are voidable. Such rule is

absolute and admits no exception. ( 5 pts.)

FALSE. The law provides for several exceptions.

- Contracts entered by minors through there legal representative or
guardians.
- Sale to minors of items for basic necessity such as food for
instance.
c. Unenforceable contracts can not be cured. ( 5 pts. )

FALSE: This defective contract according to the civil code is subject to

rescission by either estoppel such as when the other party would accept
benefits. Or in cases of Statutes of fraud whenever there is failure to object
of the non-enforcing party to object upon the presentation of evidence of the
enforcing party.

d. Any waiver of an action for fraud is void. ( 5 pts. )

TRUE. By direct stipulation under the Civil Code waiver for liability
for fraud is really void, what is only allowed is only the agreement to
modify the level of diligence required.
e. A condonation of a debt is a formal contract. ( 5 pts.)

TRUE: Condonation in an act of liberality which is governed by the laws of

donations. Hence it must follow the requisites such as if personal property
above 5000 pesos it must be in writing, both the deed and the acceptance. If
real property it must be notarized and in writing both the acceptance and the
deed of donation. Failure to follow these requisites renders the condonation
void.

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 V.

a. What are the remedies available to the aggrieved party if the other
contracting party committed fraud? Explain fully. ( 5 pts.)

The defrauded party may ask for rescission of the contract or specific
performance. In either case there must be award for damages. Moreover
according to the Civil Code the power to rescind is implied in reciprocal
ones.
In case the party would ask for specific performance but the prestation can
no longer be fulfilled or delivered rescission could still be availed.

b. Discuss the different periods for the filing of an action for

annulment. ( 5 pts.)

Annulment of Voidable contracts based on Violence,

intimidation, ,fraud, undue influence- Within four years after the
cession of such Violence, intimidation, ,fraud, undue influence

For mistake- Within 4 years after the discovery of such mistake.

Contracts entered by minors- Within 4 years after emancipation.

Contracts entered by insane- Within 4 years after regaining sanity.

c. Differentiate. Give all the differences among the three: a. Form is

important for validity; b. Form is important for enforceability; and
c. Form is important for convenience. ( 5 pts.)
As to Purpose form is important for validity aims to make a contract valid
hence it is an ingredient as to its perfection, As to enforceability does not
aim to make the contract valid rather only for one to bring an action to courts
Form is important for convenience lastly is merely needed for the contract to
bind third persons.

d. Differentiate the remedy of reformation of instrument from the

remedy of the parties to compel each other to observe the form of
contracts, if the law requires a document or a special form under
Article 1357 of the New Civil Code. ( 5 pts.)
As to purpose, reformation of instrument aims to rectify an instrument which
does not reflect the true intention of contracting parties. While an action to

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compel each other to observe the form is intended for convenience of the
contracting parties.

As to grounds, the former can take into account inadvertence of a third party
in drafting an instrument, or even a mistake in drafting such instrument.
While in the latter the ground would merely for convenience such as when a
buyers would like to register the property in their name to cause the issuance
of a Transfer certificate of title.

e. Is there novation in case of dacion en pago? Explain fully. ( 5pts.)

Yes. To be specify in case of dacion en pago there is a change as to the
object of the contract. Under the initial obligation the object is Payment of
money however due to the non-liquidity of a debtor when the debt becomes
due he would offer a property instead to proportionately extinguish an
existing obligation in favor of a creditor.

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 VI

A, B, C, D, E and F are solidary debtors of X in the amount of

P550,000 which is payable on June 5, 2021. In December of 2020,
X met a vehicular accident. The first person who came to his
rescue was D. If not for the act of D, X could have died because of
loss of blood.

When X totally recovered, he caused the remission of the entire

debt of P550,000.

STATE ALL THE CONSEQUENCES OF SUCH

CONDONATION. ( 5 PTS.)

As an effect of the condonation, the Php 550,000 Debt of A, B, C,

D, E and F is totally extinguished. According to the Civil Code in
solidary obligations the termination of the obligation in favor of
one of the debtors shall benefit other solidary debtors. However
since the cause of the extinguishment of the obligation is the mere
liberality of X towards D, X hall not be entitled of any
reimbursement from A,B,C,E and F.

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 VII

a. As a general rule, a sale transaction is covered by the Statute of

Frauds. Give 4 instances when a contract of sale is no longer
covered by the Statute of Frauds and hence, enforceable. ( 5 pts.)
-When the contract is of Sale is partially performed already.
-When the contract of Sale is in writing.
- When there is express agreement between parties that the contract of Sale
should be beyond the coverage of statute of frauds.
-When there is waiver on the part of one party.

b. Is a contract of sale effected through electronic commerce

unenforceable? Explain fully. ( 5 pts.)

No. A contract of sale effected through electronic commerce is

enforceable. There is both a perfected and enforceable contract of sale even
on digital platforms. According to the Revised Rules of Court an electronic
document is considered as original document for as long as its content could
clearly be reflected in any digital mode and such must be readable.
Lastly according to the Electronic commerce act digital and electronic
documents are given probative value as regards their content in order to
safeguard the rights of buyers and consumers.

c. When is a contract entered into in behalf of another rescissible and

not unenforceable? Explain fully. ( 5 pts.)

According to the Civil Code a contract entered into in behalf of

another is rescissible when they are entered into, causing economic
damage of lesion in any of the following instances:

Those entered by guardians for their ward where the latter suffers
more than ¼ of the value of the subject property.

These entered into in representation of of absentees where the latter

would suffer a lesion of more than ¼ of the value of the subject
property.

d. What are the remedies available to a vendor in sale of personal

property payable in installments? ( 5 pts.)

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Under the Recto Law the following are the three remedies available:
- Demand fulfillment of the obligation
- Demand Cancellation of the obligation or a rescission provided
that the requisites are followed.
- Foreclose the mortgage there was any mortgage constituted.

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 VIII

a. Angel came to you and asks for your legal advice. Give your legal
advice. These are the facts.

A few years ago, Angel purchased a parcel of land in the province

and immediately started cultivating it, though she was not able to
immediately transfer the title in her name because of financial
constraint.  Last week, she went to the Register of Deeds to finally
transfer the title of the property in her name, but the clerk informed
her that she cannot do that because the title of the seller was
already cancelled. It turned out that the seller also sold the property
to his brother after the property was sold to Angel, and the brother
was able to transfer the title in his name. Angel wants to know her
rights and legal recourse under the circumstances? Explain fully. (
5 pts.)

I would advise Angel file action for the reconveyance of

the subject land. However to do this Angel must prove that the
brother of the seller is in bad faith having a knowledge of the prior
sale of such lot. The law on double sale provides that the first
possessor to register the land in good faith is the rightful owner of
such property. According to law however good faith is always
presumed ergo angel must first establish the bad faith of the
brother of the seller. If the brother of seller however is in good
faith Angel is entitled to reimbursement of the value she paid plus
award for damages.

b. What are the advantages and protection of an innocent purchaser

for value? Cite 3. ( 5 pts.)

The advantage of an innocent purchaser for value is that it cleanses the

irregularity of the prior sale of a given item. Another advantage would be the
entitlement of reimbursement if the original owner is allowed by law to
claim the property bought by such buyer in good faith. A buyer in good faith
could also claim damages if the transferor of the property is guilty of fraud,
negligence or delay.

CIVIL LAW REVIEW

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