| MCQ BAR REVIEWER IN CIVIL LAW AND COMMERCIAL LAW By Philippine Association of Law Schools (PALS) VOLUME 2 2011 EDITION Path ond Printed by ‘CENTRAL BOOK SUPPLY, INC S27 Queen Avene, Quezon CY PrilipinesPilippine Copyright 2001 by PHILIPPINE ASSOCIATION OF LAW SCHOOLS, (Pais) ALL RIGHTS RESERVED BY THE AUTHOR [No potion of tis took ms be cp rep bk, pamphlets lie, or note, whether printed, miergraphe [spew ain anys frm, for tShuton oe ‘without the writen permission of stor ‘Any copy ofthis book witout the comespnaing number ant tho signature ofthe author on the pape iter posed fom legitimate souce or is n_poscaion of one wh has ho authocty to dieponof the sane Onan wither a4 {SBN 578.971.011.943 8) Publ an Pr by CENTRAL BOOK SUPPLY, INC. 927 Quezon Rivers, Qi "alppios i FOREWORD Congratulations tothe Philippine Assocation of Lave Schools, Ine (PALS) for ite, MULTIPLE CHOICE QUESTIONS (MCQ) BAR REVIEWER. ‘The publication ofa Uieevolume MCO Bar Reviewer is commendable in the light of the Supreme Cout’s pronouncement and approval ofthe substatal changes in {he conduct ofthe Bar Examinations. One such inevation {isthe inclusion of mulipleice questions. The use of the muliplechoice quosion (MCQ) format which wil be given a weight of 0 percent in a bar candidate's final grade, is envisioned to provide a concrete tnd abjcive basis in gauging a candidate's Knowledge ‘and ablity to recall the lw doetrnes and principles tht every new lawyer needs in fis practice In the same vein, this measurement tool assess a future member ofthe legal firmamen’s grasp and understnding ofthe meaning and significance of those same Ins 2 applied to specifi egal ‘problems. Noles than the knowledge ofthe later of the aves ths routedThe adoption of malplechoce type of bar ems indeed bodes wel orig edocaton whch in sl sina Constant fs As we eit lea echng methodologies in view ofthe challenge ofthe MCQ format let sa se fcvocates of the law remember the words of Prime Miniter Winston Chucho improve st change be erfctistochange ten" Tovish everyone all the best. Manila, May 20,20 RENATO C. CORONA ‘Chie Justice ‘Supreme Coust ofthe Philippines PREFACE The impetus behind the concep- tion and relization of the Multiple Choice Question (MCQ) Bae Reviewer agi comes from & deep recognition of the effectiveness of the anltiple choice 7) type of questions as a better barometer i ofthe knowledge and competence of {ature member ofthe legal profession, Its. coneret and prompt response ofthe Philippine Association of Law Schools to the challenge posed By the ‘new innovation in the Bar Examinations whieh will Be implemeeted for the fs mein Novem, 2011 The MCO Bar Reviewer project isthe sod of a more Jnsting endeavor. | am refering to the sequel project, 2 Test Bank of MCQS, to be shared by all member schools. The test bank is the catchment ofthe continuous Now of legal nowledge where law schools can draw an abundance of MCQ questions to adequately prepare the Taw student all over the county. Already, the MCQ Projct and ihe Test Bank have solidified the ranks of the ceganizaen. There is unity, ‘harmony, and camaraderie, all because ofa noble mission to achieve a uniformly high level of legal pedagogy’ across the country. We saw the Deans of our leading la seals lplay the goneconity of spin to lad, guide, and assist the rest ofthe members of the association follow a model template of igh quality legal education.CR was not easy to mobile th law professors to come up with nearly seven thousand Multiple Choice Questions in all the Bar subjects, namely, Polical Law, Labor Laws, Taxation, Commercial Laws, Civil Law, Remedial Lv legal Ethics and Criminal Law. But they proved ‘committed fo thei noble calling as legal teskmasters, It needs mentioning. however, that the harvest of MCQs came ater Jstce Roberto Abad, the chair of Ie 2011 Bar Examinations, initiated seminar workshops to ‘orient law profesors ‘on. the proper consirtion of Multiple Choice Questions. To him goes our gratitude and te Dean Cesar Villanaeva of the Ateaco Law School wh agreed to chair the PALS MCQ Reviewer Project and "untiingly pursued the completion ofthe volumes, ‘The last and final word of our profound gratitude is ‘ctusively reserved fo all the law professors, aw deat, snd law schools, who contibuted ta the realization o this ‘Work: No amount of commendation in words or gesture can approximate their elflesanese and generous heart. 1 ‘am sure that from every law student ho wil benefit fost {this proect a prayer or two for 8 shower of Bening for ‘these profesor will note oo much o ssh. Qntbw ieee Deen AMADO D. VALDEZ President Philippine Association of Law Schoxls In. MESSAGE FROM THE CHAIRMAN Whether in government, business, or academe, the fervor for new dees, innovations, and reforne is‘ nthe ae ait These who are plac! ins postion 1 vealze ths sentiment, whether by fl Section ordiate by the ccumstanes ffl of their ealing, ean feel fortunate or regretful depending on ther respons to (is challenge The leadership of the Philippine Assocition of Lave Schools cect to tespund tothe challenge brought about by a revoltionary” change inthe format” of Bar tamination, from an esay typeof questions to a mix of IMCQs an Ligal Opinion making. We were impelled nat by the spn of adventure which is usally posed by new and unchartered examination, but more Bese we care fora aw students tei reans to become lawyers This reviewer is a product ofthe collective sentiment of eur Deans and the unselfish contibution of our law professors whoue efforts resulted in collating neatly seven thousand MCQe inal the bar sujet. Unwitingly, the MCQ'Bar reviewer project paid Aividends in terns of resulting unity, harmony, cima radere of all aw schools, and the deep commitment of thei law deans, and law professors to excellence in Tega eduction. To us, the Philippine Association of Law Schools, this is the best and unique, albelt psychic reward for the Serificesin puting up this projec Dean Gy re c Philippine Assos fidh of Law Schools, IePALS SHORT HISTORY By Dean ERNESTO P. MACEDA, JR. Secretary General Phlppine Asotin of Cae School, fe The Philippine Assocation of Law Schools (PALS) fa non stock corporation composed of 112 lw schools The PALS feos een 10 fo be “a primary eng force to vplit the standards of legal ccluation tn the Philippines tat mest both label standards of xcllene and at the sme time serve as ctalyt for bath the economic and human development in Philpine Scety and t0 unite Philippine law school ito 9 cohesive force to achieve thon high standards of legal sucation and taining to push the frtte of lea research and development alto promote # system of legal aidan apprenteahip forthe beet o the poor aad _urpnalied members of the soy" The PALS i loa elucation’s formal representative tothe Jada ae Bar “Council, the Philippine Judicial Academy and. the Supreme Court Committe on. Legal Education and Bae Matters, The Senate and we House of Representatives regularly rely on PALS members fo serve as resuce Persons on constitutional and legal questions of the day ‘The PALS isalso a primary source of advice nd asistance for lawyer members of the Cabinet on matters of governance. Founded in 1967, Deaa Feliciano Jover Ledesma of the San Beda Collegeof Law served as is fist President The original incoporatos of the PALS were the Deans of twelve (12) Mana based law schools: ‘Adamson Dean Marcos Heras Arellano Dean Mariano Maguain Ateneo Dean Jremias Montemayor FEU Denn Crispin Bsizas Lyceum Dear Isagani Cruz Mania law Dean Pablo Meer MLOU Dean Leoncio Monzon San Bes Dean Feliciano jover Ledesma San Sebastian Dean Jaime Nuevas UE Dean Rodale Pla UM Dean Virgie de lo Sento UST Denn Andes Narvasa These former PALS Presidents became members of the Supreme Court (Deans lorenz Reglodo af San Beda Jose Feri of UST and Marcelo Ferman of San Jose. Recoletos) Dean Fernan went on to become Chie justice and was also elected Senate Present, He was the Fist PALS President from ouside Metro Mania. In 1998, tht years after i founding, PALS elected ite fist woman ‘President, Dean Cynthia R del Castillo of Ateneo Roster of PALS Presidents: 1967-1972 Dean Feliciano Jover Ledesma ~ San Beda ‘cllege 1973-1975 Dean Gonzalo T. Santos ~ Univesity of ‘Manila 1975-1977 Dean Floren Regalado San Beda College 1978-1979 Dean Marcos Heras ~ Adaroon Univesity 19801961 Dean Jose Y. Feria ~ University of Sto, “Tomas 1982-1983 Doan Marcelo B. Feman — University of San Jose Recoetos| 1964-1985 Dean Fortunato. Gupit Jr. — Ontanez University13886-1987 Dean Eduardo De los Angles ~ Ateneo de ‘Manila : 1988-1989 Dean Antonio H. Abad Jr. ~ Far Easter University 1999-1981 Dean Pacifico A. Agabin - University ofthe Phitippines 1992-1909 Dean Blan. Ten University of ilo 135421995 Daan Pondane D. Subido. = Adamson Gaiveri 1986-1997 Dean Norberto S Goran ~ Manvel L Guero Universi 1998-1999 Dean Cynthia Ros del Cato ~ Ato de Nora 2000-2001 Dean Herman B. Perez ~ Universy of Batangas 2001-2002 Dean Romulo Bora ~ Xavier Univesity 2002-2005 Dean Andres D. Bautista ~ Far Eastern University 2006-2007 Dean Mariano Magsalin, Je. ~ Arellano ‘Uni 2007-2008 Dean Pery Pe~ Palawan State University 2009-2010 Dean Raul Villanueva Xavier University 2010-2011 Dean Amado D. Valdez ~ Univesity ofthe East The PALS has been instrumental over the years in Introducing far-reaching. reforms in legal education. In 1989, the Department of Edveation Calture and Spec's (DECS) utilized mast ofthe proposals ofthe PALS forthe 'DECS Manual of Standards for legal education including a ‘model law curriculum. PALS also pushed forthe creation ‘ofa Board af Legal Education to oversee the operation of law schools andthe result was the Legal Education Reform Act (RA. No, 7662) of 1983 which established the Legal Education Board (LEB), PALS continues to work to Improve the sity fest edation ain ecogsiton {Flere Cares hnreoed fort ssn the bed SF the LEB. The PALS is corey represented nthe LED Sy fore PALS Presents former Des of bo he PiU and Meson lw Scho, Aton HA (On November 23, 2010, the PALS was re: Incoaporated with a more democratically representative ‘ompostion with incorpratrs representing both private land public (late and Local) lav schools From the four major regions of Luzon, Visayas, Mindanao and Metro Mani, Palawan Sate University PERRY L PE Pero Pancess Cay Xavier University RAUL A. VILLANUEVA ‘Cagayan de Oro City University ofthe East AMADO'D, VALDEZ Marila Ateneo de Manila (CESAR VILLANUEVA Makati University of Batangas HERNANDOS. PEREZ, JR. ‘Batangas City Pamantasan ng Langsod ERNESTO. MACEDA, IR rng Mayila Mania Aquinas University EMERSON B. AQUENDE Legaspi Gy[ives ofan Agustin JUANAJUDITA P.NAFARRETE lilo City CorJesu College ‘CARLOS ESPERO I ‘Diges, Dava del Sur Colegio dela Purisima LOLITA A. QUISUMBING. Roxas City Universiy of Cebu Bani, Cebu City BALDOMEROC.FSTENZO ‘eno de Davao MANUEL P.QUI Davao City, cuppoe Far Ester Unies Manila " ANDRES D. BAUTISTA Sint Louis University Baguiocity University ofSan Cerlos ALEX L MONTECLAL Cebu Gy 7 CEASAR G, ORACION Dean ERNESTO P. MACEDA, JR. General Philippine Asoo of Law Schl In. ‘Chaleman, PALS MCO Pasa INTRODUCTION By Dean CESAR L VILLANUEVA Exeatve ViewPresdent Pippin Asian of Law Shoals, In view ofthe change inthe format ofthe Bae Examinations stating in 2011 under the leadership of 2011 Bar Examinations Commiice Chairman, Jusicr Rostgo A. Apab, the Priureists Association “oF | LAW ScHOOLS (PALS), under the able oA leadership ofits incumbent President, “7 SSO UE COLLEGE of LAW DEAN AMabo D. VALDEZ, gathered from participating law schools neasly 7,000 multiplechoice questions (MCQs) covering al eight ‘ar Examinations subjects, and ceganized them into thee (0) volumes arranged nthe manner of coverage within the firt three (3) Sundays of Bar Exam month, November 2011, thus: ‘VOLUME I - PoumicaL Law LABOR LAN, ANDTAXATION’ ‘Vowel - Civ. Law aND "COMMERCIAL LAW ‘Vowel ~ REMEDIAL LAW, LEGAL "Emtics, AND CRIMINAL LAW We formally acknowledge the scventecn (17) law ‘school members of PAIS and their coresponding deans ‘who have participated in the ralzation of the projt (Geranged in alphabetical onde) thus:"ADAMSON LAW = ‘ATENEODEDAVAO - ‘ATENEOLAW ~ CCovecio peta PURSMA - LrcauM Law «| Mania Law PaMANTASANNGLUNGSOD NGMAYNILA = PALAWANSTATE UNnERSIY «| SAINT Lous UNIvensty = ‘Sans Cantos UnmveRsty - ‘SaJose-Recoueros ELA ~ ‘UnvensiTYoFtionto Universtry oF PERPETUAL HeLeRVAL = ‘Uvensy oF HE VEAYAS- USTLaw- DXA UNIERSTY DEAN TORYHL ABAD DAN MANUEL P. QuiBoD DEAN CHsARL, VILLANUEVA, DEAN LouraA. Quinine DEANSOLD.Mawss DEAN BENAMIN DOMINGO DEAN ERNEST. MACEDA. Dean Penny LP DEAN CEASARG.ORACON [DEAN ALEX MONTECLAR Dean JovaTnAN?. CAPANAS. eww AMADOD. VALDEZ DEAN PAULINE B.ALFUENTE ‘DeAN JOE B.BSQUERA DEAN TE000RO A, ALMASE DEANNILODWINA DeANRAULR, VILANUEVA Each MCQn included inthe the volumes has been vetted by the deons and profesors of ‘counterpert "eviwing lw schools a to the cocet answer and uly categorized, in three evel (2) First level, on the bar exam subject (eg. Pit Ue, then the law of area cov" ‘ered (e., Contato! Lae, and finally fon the particular area of coverage (69 le prcts, (0) Second level, inthe ype of MCQ covered in accordance with. the classification given by the Supreme Court thus: MCQ Type A Law and Recall Re. cal MCQ Type B - Law and Analysis « CAnaysis, MCQ Type C- Law and Problem- Solving ("Problem") and fllowed by. the degree of diffcuty: “Easy,” "Moderate," “Dita.” (© Third level on proper atibution of the source and autor of exch MCQ (eg. Jose ‘Abad Santos Lew Schools Prof. fm dela Cruz) ‘The foregoing data was used by the PALS Committee to group together i each Bar Exams subject grouping of 100 MCQs, following the distribution mandated by the Supreme Court in the actual bar examinations of 20% constituting Recall MCQS; 40% Analysis MCQs; and 40% Problem. Since the volumes ae intended to be used as practice set for bor candidates to prepare them forthe BatEnaminations, the foregoing dala donot appear in these Published volumes. er ‘The foregoing data cominue to appear in each ofthe MCC found inthe master copies cpt ora) which ave Boon submited by PALS wo the Supreme Cast and dlstsbute among the patpating lw sca Te ans sete to help the Supreme Court and eich ofthe Patcipatng law schools o propery csty the MCUs n accordance wth the ofl fylsbus published forthe ar Examinations or to-fed nto programs Bat mould Properly manage such a hage cae of COS in lng Dean CESAR L. CILLANUEVA, Executive Vice President Philippine Ascociation of Lae School, ne ‘Chaizman, PALSMCQ Project EXCERPTS: “PREPARING FOR THE 2011 BAR EXAMINATION AND BEYOND” Justice ROBERTO A. ABAD: (Chairman, 2011 Bar Examination B. THE THREE COMPETENCES MEASURED BY MCOS 1. Knowledge and reall When yeu want to find out the examinee knows a. specific Iw oF Principe, write down such specific we fr principle as your “proposition” ot ‘the Subject mutter of your MCQ. Thus Propesiion: The majority age begins at the age of 18 ‘The frst part of your propotion will be your STEM. hile the second part will be your corectanawer. Then ada 3 distactors and mixit with the correct option. Thus: ‘The majority age bogins a the age of (em) AL 21(Aistacton). B. 20(¢istactor) C_18(correct option) D._ 16 stactor) ‘This will test the eaminee’s knowledge of what the legal majority ages and his ability o recall sch fat. Here are other examples of “knowledge and recall” McQ: Proprio:A Court of Appeals Justice may soemnize marriage smyeahere ithe Philippines, McQ. Who may soleminize mariage amyivhere in the Preippines? A. A Consul general B.A Cow of Aypratsustice © Aship captain D. Amlitary commander Proposition: Tobe enforceable contact must comply with the Statute of Frauds when by its tone it stoke performed beyond a year fom its making Mca, Tobe enforceable shen musta contract comply with ‘he Statute of Frau? When by its forme it Te tobe pefomed beyond A. eyeurfrom its making. 2B. 5 years fom ite making. © ayea from ratification DS yeas from ts afcation. Prpesitn The Revaed Penal Cote may be enforced outside the uriadction ofthe Philippines when one commits a crime ‘against national security. cq. ‘Te Revised Penal Code may be enforced outside the jrisdcton of he Philippines when ‘A. one commits an offense om any ship or airship. B. one introduces into the Philipines any counter fat coin Ca pnblicoficer enters into a bigantows marrage D, onecommits a crime agninst national security, Proposition Congress may submit the electorate the question of calling constitutional convention by 2 majority vote of ll ng {ts Members McQ: What vote is required for Congress to submit to the lectorate the question of calling «constitutional AL Avoteofto-thinds of all its Members BL Avote of two-thinds of a quorsan. c ‘A majority vote of al its Members, D.- Amajrity vote ofa quortn A knowlege and real tem is easy to prepare since itevolves rom a simple statement of a provision of li oF legal principle. But this sls the lowest in the ladder of Skills for new lawyers. I i sheer memorization, The bar exams wil devote only 20% ofall MCQ items to his kind ofMegs,2 Understanding A higher level of kil fea beginning practitioner is understanding. Tis ype tts whee he eamine ly tnderstardl specific law or prinapl: And he can chow thisif he can comet slate the law ox pring wo specie usin For empl Proposition: A warrantless search is valid when the search is ‘mau by policemen ata COMELEC checkpoint. cq: ‘A warrantless search is valid sohen the search is made by A. a castoms officers at the home of a known muggle, Be antindrag enforcers. C._ policemen at a COMELEC checkpoint D._NBLagents looking fora bomb at a mall ‘This item tess the examinees understanding of what ‘2 warrantless search means. A “warteniles search” is search made of persons or propertis without 2 judicial search warrant ‘This kind of MCQ isa grade more dificult to prepare Dut measures a higher level of ability than just knowledge ‘and recall. To test the examinee's understanding of “wereaniless search,” he is required to choose fram the four options the situation that comes under such cneept. When preparing an: MCQ item on the examince’s “UNDERSTANDING. ofa specif law of prinpe, begin bby writing down your propeniton- the mater you want totum into an MCQ. For example: Proposition ‘An “antecedent collateral evidence" of a bank rob- bery that several accuse commited ould be te Kinship atong them, This tem tests the examine’s understanding of a concept in Evidence. An “antecedent collateral evidence” proves a past event to show the likelihood ofa subsequent event taking place, He mst chooee the situation that ‘comes under sich concep Meg: Which of the following constitutes. antecedent collateral evidence ofa bark robbery that several accused ‘omnited? The act ofthe lookout daring the robbery. ‘The kinship aoong tho, The amount missing rom the bank's vault The fingerprint onthe tellers counter. pam How does “knowledge and recall” difr from “un- derstanding?” Fxample: Knowledge and Recall A justifying circumstance makes a act AL three degrees less severe BL exempt rom criminal bility. C.nomeriminal (merely restates hele) D. pardonable,‘Understanding A justifying circumstance is exemplified by A. areteat from aggression. B. apreemptive blow. s-cownter bow. iluseates meaning) D._agood intention ‘Other examples that test “understanding” Proposition: Real or object evidence is euthentcated by showing that iti what itis claimed tobe. ca: Real or object evidence is anthentiated by showing AL who oronsit B. thattée what itis claimed tobe, Chow the evidence got to court D. cimilar or like objects Proposition: An uninterrapted possession fora statutory period of time without the need of jst ttle and good faith are ‘requisites for extraordinary acquisitive prescription. Mca: An wninterepted possession fora statutory period oftine without the need of just title and good faith are requisites for aches prescription of actions ordinary acquisitive prescription. extraordinary acuuisitce prescription, The bar exis will devote 40% ofall MCQ items to ‘questions that test the examine’s understanding of the low poRe 3. Analysisand Solution Here, you test the examinees abit 19 (a) analyze a jiven problem, (0) determine the Lae of principle that “applies och problem, and (e salve the same “Teconstuct your MCQ, begin by stating your chosen proposition For example Proposition Sonny, a Filipino citizen obtained a divorce in Canada from his fe, as, also a Filipino citizen. Is the divorce valid and binding? (acts ofthe problem) Is not (answer tothe problem) The reason fs that Philippine Im, toch i binding upon Filipinos weherever they may be, does not permit absolute divorce. the applicable ul) 1 you analyze this, tis typical esay-type exam swith the answer and reason given here. Actually, this was {bar enam iter afew yeas back, You ca conver it nto fin MCQ Item by using the facts ofthe problem 36 your STEM, thus Sonny, a Filipino citizen, obtained a divorce in Canada from his wif, Lulu, also a Filipino citizen. Is the ‘vorce valid and binding? (This wil be your sex)‘You'then add to your stem, as one of your options, ‘he answer tothe problem and the reason foe such answer Sonny, « Filipino citisen, obtained @ divorce in Canada from his wife, Luly, also a Flipina citizen. the iorce valid and binding? 1 is nt since Philippine law binds Filipinos abroad andi doce not pit divorce Now add your distractors as alternate options varying thet locations: Mca: Sonny, Flpine citizen, obtained in divorce in Canada from his wife, Luly, also a Filipino citizen. Te the ‘vorce valid and binding? ‘A. Itis not since Philippine law binds Filipinos broad anit does not permit divorce. BL It is since Philippine law does not operate in Canede, CIs mot since Philippine law is recognized in Canada D. It is since international lew demands local recognition of foreign acts. Another example Propeition: A person walks into a police station and declares ‘that he has committed a crime before the police could take him into custody. May is declaration be admitted against him (he problems) Yes since what is inadmissible are statements the accused made while under custodial investigation before Ine could be foreoerned of hie rights. Ihe anwer and short, reason fori) Mg A person walks into a potice station and declares that he has commited a crime before the police could take him into custody. May. his declaration be adiitted gains hin? ‘AL No since he has wot been forcwamed of his rights to sllenceand to counseh. 1B. Yessince he made his declaration befor he could iin ul enstody and investigated. No since le fas entered the police station and ‘came within its jarisdition D._ Yes since he freely gave his declaration to the police Proposition In a case, @ very old woman executed 0 will, wit- messed by a fend, cousin, anda notary public 1s the ‘eill oad? ‘The willis invalid since itis @ must that it be at= tested and subscribed by thre or more credible witnesses in the presence ofthe testator and of one another. Mca: Ia case, 0 very old woman executed e will. A frend, ‘ cousin, and a notary public came to witness the wil Due fo old age she thumbmarked the will instead of ‘signing i The friend signed the pages om the right margin, ‘thinking it looked Beller, The cousin did not see thisDecause his eyes were on a painting that hanged on a nearby wal. iually, the notary public notarized the wil The willis ineaid because ‘A. the cousin looked away just asthe frend was sing the wel 2B the testator filed to subscribe the wil. the friend signed at the right margin D. flack of sufficient witnesses [Note that, in the above, the stem of the facts of the problem also embodied the istractors Proposition A couple named their son Mario Lopes. But a con {fused cer at the hospital registered his name as Maria Lopez and his gender ae female. Does the col registrar hase the authority to comect the childs name and gender on the birth certificate? 1No since the law axthorizes administrative comec- ‘Hon by the cil repistrar only of elereal or typographical ror in an entry anilor change of ist name or nickname, co: ‘A couple named their son Mario Lopes. But a con- ‘fused clerk atthe hospital registered hie name as Maria ‘Lopes and his gander as female. The city ceil registrar has authority to A. correct hs name and gender BL correct hie name but not ks gender, comet his gender but not his name, D. indorse the ease to court Proposition A decision states that the defendant is entitled to moral damages but its dispositioe portion di not camry an accart of moral damages. The wrt of exeation, however orders the defendant to pay moral damages ofP- 5,000. Must he comply? He does not ned to comply since i is the dspsitve Portion of he decision that controle McQ A decision sates that the defendant is entitled to sonal samages but its dispositive potion sid not camry 4am aor of mors! damages. The writ of trecation, however orders the defendant t pay moral damages of? 5000. Mist he comply? AL Yes since the body ofthe decision contains the justification fori ‘No since itis the dispositive portion of the secision that contro, ._Yessince the writ of execution affirms it D. No since the plaintiff needed to jay docket fe ‘on the P5000. ® “The examination shall devote 40% ofall MCQ items in the bar exams to analysioand-applicaton ‘ype of MCQs (G_ POINTERS IN THE CONSTRUCTION OF MCQS 1L_The examiner can adjust the difficulty lve of 2 test item by imply changing the distracts, making them| i too close to the correct answer! You should, however, strive for moderste MCQs. Poor criminal ation must be filed inthe place where 4. the offense took place BL the accused resides. C the offended party resides. D. the witness resides. Improved: A criminal action must be fed in the place where AL the fens tok place 2B. theaccused was apprehended and detained. the offended party resides. D._ the preliminary investigation tok place. 2, The number of options may vary but, for the purpose of the bar and classroom exams, four options ‘would be ideal. This would give only 2 25% probaly of ‘guessing the right answer If the examinee sticks 10 ‘guessing, on the average he swould get 25% comet SSntvers sure flue, 9. The distractors should be plausible, not obviously wrong? A good way to create distractor isto think of ways an examince can possibly go wrong, This epee eae ce ‘Menten and Palatine Tychapy a Edson, Poe Hato ron New re Poor Rape is sexual intercourse with the use of AL foreplay viagra © condom D force or intinidation, Rapes sexual intercourse with the nse of AL deceit B. moral ascendance © intigue D._forcerintinidation, 4 The main sem should clearly inform the exami ce regarding what the problem is before he teade his options, Poor The act ofthe police in placing the accused ina police line-up — (is statement of the sem by itself does not presenta clear problem) A. violates his right against sefineimination. 2B. violates his righ to conned C constitute a valid police investigation proce. re, D. ie valid conditioned om his bing identified at the trialre ee C by policemen at « COMELEC checkpoint for illegal fieurns, D. by the NBI fora bomb at he mall. Inproved: “The acto the police in placing the accused in police line-up without his prior consent — (this now presents 2 cleat problem) 6. One ofthe advantages of MOQs is that you can AL violates hs right agaist self incrimination, sk many questions to cover a good cross-section of a 1B. violates his right to counsel, subject. You can do this only f'you make your MCQs constitutes « valid potice investigation proce: simple, clear and short Do nat complicate a problem with aaa os ‘nese fet. Inch in the stem only the fs needed om to make the problem clas? Irlevant materials in the D. fs valid conditioned on his being identified at Sa ee cae the tral 5 Ince as much ofthe data inthe stem and keep Poor the options as short as posible ‘The police nabbed two robbery suspects afte a police informer fingered theme. During the investigation, the police officers succeded in convincing the-suspects fo g0 {with them tothe scene of the erime, accompanied by the press, to reenact how they commited the evime. Photos {oer taken. Was the reenactment admissible evidence? A, Nosince it amownts to waiver of right to silence without the advice ofcoumeel. Poor A warrantless search ie valit— ‘AL when the search i made by customs officers at the home of a known smuggler. 1B when the search is made by anti-drug enforcers. C tthen the search is made by policemen at « B_Yessineé the reenactment was voluntary. SME cone al ©. Nosine itis ielevant evidence. when the search is made fora bomb atthe ma Des cine the reenactment to0s unaccompanied by the NBL ‘by any statement from the suspects Improve: ‘Why i this poorly written? Since only the “reenact ment” is being questioned, the stem contains too many unnecessary data . Improved: “The police nabbed tivo robbery suspects whom they convinced daring the investigation to go with them tothe ‘A warranties search i valid when itis made— ‘A. by customs officers at the home of a known smuggler. > by anti-drug enforcers.scone ofthe crime o reenact hos they commited it Is the reenactment admisiblein evidence? AL No-since it amounts to waiver of right te silence without the advice of comnsel Yes sine the reenactment ras valuntery. [No since it ie irelevant evidence poe Yes since the reenactment ras unaccompanied AL it would preuticethe administration of justice. ‘the separation of powers demands respect due (other department, © the Court would wot have acquired jurisdiction over the caee D. there is no actual case or controversy that stifies seca revise by any statement fromthe suspects Avoid ising the negative inthe stem since it Poor ‘often confuses the examinee, Dut the negative Is justified when it tests his knowledge or understanding of exceptions to rales. In the latter cases, be creative in sing the negative in the problem. Capitalize the negative word The bank daposit secrecy lave bars all inquiries into a Dank deposit. But st allows exceptions. Which of the following does NOT belong tothe exceptions? toemphasize i+ A, Cases of impeachment Be Cases involving bribery fer © Cases of bigam ‘The Supreme Court will NOT entertain a constitu- D. Cases where the money invooed is subject of tional question UNLESS it is determinative of the case Htigetion itacifbecauce ‘A. itwould prejudice the administration of justice. Improved: ation of powere demande respect due The bank deposit secrecy law bars all inquives into a ‘the other depariments, ‘bank deposit. A deposit may, however, be looked int ver the case. there is wo actual case or controverey that justifies such areview. Improved: The Supreme Court will entertain a constitutional B the Court would not have acquired jurisdetion Db. ‘A. after prior notice othe depositor. BL spon court onder in annulment of marriage C incases of impeachment, D. on motion ina bribery case. A. Be sure thatthe choies you provide has only one question only if iti determinative of the case itself Because correct answer that experts would generally agree on? TAfag eens an their desve fo make distactors plausible, ome writers ‘would include mare than ene correct answer oF chlces {hat remain unsetled among experts and authorities. 9. Givesio unintentional clues® Poor: To prove that Susan stabbed her husband Sergio, Pete testified that he heard Rico running down the ste ‘shouting excitedly, “Sinaksak dato ti Snoan ang aomea iyal” Unfortunatly (a cive to» negative anne), Rico’s “eclaration i AL admissible as part of res gestae. B. inadmissible as hearsay, C_admiesble as independently relevant statement D. inadmissible asa mere opinion. 10. Avoid grammatical inconsistencies? Poor 7 The low that will determine jurisdiction over a erticlarcase isthe lz in force atthe time of ‘A. the cause of action accrued Bo ion Cthe feces in the action are joined. D. the defendant receives the complaint. a TL Avoid length lacs" Poor: The right tbe presume innocent NOT violated by 4 Jao that establishes presumption of guilt based on Certain fact proved proved that A. the burden of proving his innocence i shifted to the aceused only then thee fa ensonable co ection beteen the fact proved ana the fact pre- Sued from i B. the nature ofthe crime permis it the accused has a chance to overcome it D. the lawis not retroactive Improved ‘The ight tobe presioned innocent is NOT violated by 4 ase that establishes a presumption of guilt based on & Certain fact proved proved that ‘AL what fe proved and presimed are reesonably comected. BL the nature of the crime committed permite 4 reverse presumption. the accused has ample opportunity to'overcome the adverse presumption the aw snot retroactive. 12 Avoid the options: none ofthe above a al ofthe abovet 1 gives the impression thatthe examiner could rot create another distractor. I slo encourages questions ‘with no comrect answers. Instead of “none of the above,”! just use another distractor which wall enhance the quality f_efteqeson. 13. Make your questions topic specific, not a hodge- odge of several legal principles Poor: Which ofthe following laws is unconstitutional? AL A lave requiring cabinet members to attend all ‘congressional hearings upon proper matic. B.A Inw revoking all permits to cary fears ‘nlside of one’s residence © 'A tow authorizing toarantless searches by | customs officials. D. A lew proving for dual citizenship. Asking which law is unconstittional could cover any topic in Constitational law. Option A is on Seton 22 of Ace VI Legislative Department, while Option B is on Undue deprivation of property, Opton Cis on rights against waranles search and eefzunes and Option Dis on ‘Stizenship. The choices shouldbe coherent inorder test an examinees knowlege ona particular topic. Improved: Which is snconctitutional for Being an invalid exereis of police power? ‘A. A law prohibiting the use of motor vehicles on Certain days ofthe week. B.A lew imposing rent contol CA law prescribing minim standaris for the practice ofthe engineering profession. D. Al prokibitng the sale of igarettesto young ‘men and women ages 181035. Do not use “modified” true of fase questions They are time consuming and accomplishes litle Example 1. The practice of law is right inthe sons that 9 Inaer arb presented ram practicing awe for HT practice of lao is » privilege becanee itis limited to persons of goad moral character with special qualifications daly ascertained and certified. + Which of the following best dscrites the statements ‘above? ‘AL Only statement Ii tre. B, Only statment Ii tr. C Bothstaterents ae tru D. None ofthe statements are true,HOW TO USE THE PALS MCQ REVIEWER By ‘Dean CESAR R. VILLANUEVA, ExeruveVieePresient PitippneAssoitn of Law Schoo, (Chsrman, PALS MCO Reviewer ach of the three (3) Volumes has bsen prepared a& 2 practiceeviewer foe the covered Bar Exam sects for the fst these Sundays ofthe Bar Examinations and intended to be used by candidates for the Philippine Bar Examinations asa reviewer, 2 means of developing sills in taking on MCQtypes of exam, and to determine the degree of mastery of the subjects for which the practice se, Isbeing wed In each volume, divided into Bar Subjects, the MCQs hhave been arranged in a set of 100 questions 0 be answered either separately in a lank answer sheet or with the user indicating his choice through a pencil checkmark (ehh canbe erased Inter for tense ofthe practice et). A {able appears at the end of each subject showing the Itis recommended therefore that after a bar candidate has studied thoroughly 2 Bar Sabet, he or she should use the designated volume toancwer a set of 100 MCQs and at the end of the exercise, evaluate how his or her choiges match with the answer Keys given at the end. of the ‘veri. The process would be a means by which the user may evaluate the level of comprehension he or she has achieved inthe Bar Subject, a well a analyze the reasons for the wrong choices, and thereby improve his or her knowledge ‘of the areas where there appears 0 be ‘weakres in comprehension as shown by undertaking the Its the hope of the memturs ofthe Committe tht the tree Volumes would rest aid ech ba candidate developing the skill of answering the MCQ types of fxaminatons; and that from an analysis of the comet answers, he or she woul! beable to develop a deeper ppreition and mastery of each of the legal subjects Chad Dean CESAR L.“VILLANUEVA ‘Executive Vice-President Phitppine Associaton of Law Schools, Ine Chairmaa, PALS MCQ ReviewerCAVEAT Although each ofthe MCQs that have been included inthis publication ave been evaluated by the Deans of the Law School and have Been subject # evaluation and tamination by ‘counterpart professors in other Law Schools, and although all of the MCQs which wore though to be controversial have not been included in this publication, PALS doesnot guarantee the accuracy of the NCOs much less the precision oftheir costructon. The rain purpose of this publication i to cover areas f lw that stay be the subject or coverage ofthe Bar Exam tion, and demonstrate their treatment under the MCQ format. Eventually, it. shouldbe expectod that the appointed bar examinees in each ofthe bar subjects will ‘construct on ther wn the MCQS tat wil be given in the ‘Bar Examinations TABLE OF CONTENTS (PALS MCQ REVIEWER, VOLUME) PARTI Foreword Hon. RENATOC. CORONA Chief Justice, Supreme Court ofthe Philippines Preface Dean AMADO D. VALDEZ President, Philippine Association of Law Schools, Ine PARTI Message from the Chairman Dean PERRY L. PE Chairman, Philippine Assocation of Law School, Ine PALS Short History Dean ERNESTO P. MACEDA, J. Secretary General, Philippine Association of Law Schools, Ine PARTI Introduction Doan CESAR L. VILLANUEVA Executive Vice President, Philippine Association of {Law Schools, Ine a“TaMLE oF Contes Chairman, PALS MCQ Reviewer Excerpts ‘and Beyond” “Preparing for the 2011 Bar Examination Justice ROBERTO A. ABAD (Chairman, 2011 Bar Examination How to Use the PALS MCQ Reviewer ‘Dean CESAR L. VILLANUEVA Executive Vice President, Philippine Association of Law Schools, Ine (Chairman, PALS MCQ Reviewer Caveat Multiple Choice Questions (MCQs) in CIVIL LAW (with Answer Key) PARTIV Civil Law —Set 1 Civil Law —Set2 . Givil Law —Set3 — Civil Law —Set 4 Gil Law —Set 5 Giil Law —Set 6 Givi Law —Set7 Gil Law —Set 8 Answer Key AD 162 198, 235 2m 315 TL, Multiple Choice Questions (MCQs) in Page COMMERCIAL LAWS (with Anstoer Key) ‘+ Mercantile Law —Set 4+ Mercantile Law Set? + Mercantile Law — Set3 © Mercantile Law — Set + Mercantile Law ~ Set + Mercantile Law —Seté ‘+ Mercantile Law —Set7 Mercantile Law — Set + Answer Key. PARTV Appendix. 7 Acknowledgement List of Contributing Profess0P8 225 369 alt 54 39 343 535 a ‘67 S67 ns 78MCQ REVIEWER IN CIVIL LAW re CIVIL LAW SET 1 Property classified as to ite susceptbility of substition is © generic oe specif (©) consurnmable or non-consummable, (@) divi or indivisible, Possession in the concept of owner, public, peaceful and uninterrupted for the required statutory period of ime. provided theres good fith and just tile, are requisites for inary acquisive prescription ©) aches. (Prescription of actions (2) Bxirsordinary squisitive prescriptionWhich among te following must be in wating to be valid? (@) Assleofatind (©) Every donation of pessonal or movable property aR ges th oti (4) Anauathorityby the principal toan agent ta sell movables Ths ov RIBEB eapectc (Giver {©} Voidable (6. Rescisble (@) Unenforable When any property is condemned or seized by ‘competent authority in the interest of health, safety ot security, the owner thereof shall not be entitled to ‘compensation, unless he can show that such con- ‘ernation or seizures ©) Unnecessary Unde © Vangie | Which of he wig i ot eur vali donot proper apa? (Cd), The dentin mst eae bee hee Trconarbemutuge A cases ee rage (©) The donation must be made in considers tiom ofthe marrage (@) The dooation mast be made in fvour of ‘one or bothof the Future spouses Which of the following marriages i void for teasons of public policy? (6) Between brothers and sisters, whether of she ull or hal blood (©) Between parents inlaw and pazenti-law (2) Between sep-brothers and stp sisters 8, GRRRBRARR yy ofthe sate refers to 9. G9) Trose no longer intended for public use and pablicservice Ary pang tte or pbs got (© Those actly poses, ouput lued by indigenous cult mines ‘themselves or through their ancestors ” (@ None theabove. ‘They are afl itera and voluntary act that are basen the pine tht nace shal eich orbeefied tthe expense of anther @) Quasi-deicts ©) Qiasicontracts (©) Calpe contract10. The quanta ASIA the following Which isthe exception (@) There most be an abondoied or neglected property or busines (®) Someone voluntary takes charge of that shandoned business or property (2) The owner has the obligation to reimburse the expenses of the person who takes charge of his business o propery 11, Which of the following Is not a ground for extinguishment of parental authority? (2) Upon the death ofthe child (©) Upen adoption a the child Upon appointment ofa general guardian oS ailinterdiction 12. A foreign judgment when given the same effec that ithas in astate where twos rendered with sespect to the paris, subject matter of the action and issues involved and is being presented as a defense to the lain ofthe plants regaced ast (@) An Enforcement ofthe foreign judgment. {b) An Application ofthe foreign judgment @ (2) A Pramulgation of the foreign judgment. 16, ” An unwten lave involved ina onict of las case ‘Sal be proved by @)_ Affidavit executed by anaficer having cus: tody of such ae (6) Applying such aw n'a given ease _ CA ORT (@ Producing of copy of the law in question, y wot acopy “ When the debtor binds himself to pay when his means shal pert him to dos, (0) SERRATE comet to be one with 2 period, (0) ‘The abligationis2condiionat obligation. (9) Thecblgation i void (@) Theobligation i unenforceable Gros inadequacy of price in a contract of sale may Indicate a detest inthe (0) Contract 2 cate (@) Price |A promise to buy and sell a determinate thing for 2 rie certains (@), Untaterally Demandable (Legally Demmandable @ Allof reabove Coownetship exst when:18, 1. ership ofan undivided thing oF riht elogs SBE (0) Ownership ofa divided hig or ight bo Tongs dierent persons (0) Ownership ofan undivided ting or ight belonging one person (@ Overhip of commen thing or ight be longing talent peson A manage ten collet lod elie by bal teed (6) Vo for ng incestuous Void for easonsof public pocy © veitabinio a Val Ifa manage was solemnized by an unauthorized person, and either or both contacting, partis be- lieved in good faith that the solemnizing oficer had legal authority, the mariage is considered (Void nto ©) Voidabie ‘Unenforeable ‘A conceived child is bom forall purposes favourable to it provided it be bor later under the fllowing, condi @) Wit had an intrauterine life of more than SD sevenmonths. a, (© Wits ave atthe tie ts complely do livered from the mother’s womb. * (@) 1 he purpose is favorable to the cone csve Sl A ceric ofouneship issued der the Tore’ Syst, thoagh the Reger of Dads ning an declaring the owner of the rol prpesty dene therein re fom alls and excumranes cept svshas maybe expres not or there raved by law wee 6) Land Te ©) Certicate of Deed (Land Registration Which of the fllowing is NOT the basis for a ptition {or judicial dedaration of absence of person who hha nt been heard of from? (CUDA elapsed and his whereabouts "isunknown (©) Two years has elapsed since nd his where- sboutsisunknown (© Five years pased since although an agent ‘was previously named (Four yeas since vessel [of which he wae a pessenger] disappeared and not found Which of the following is NOT an eAfec of adoption? (2). Establish a legitimate relationship of parent and child (©) Adopter and adopted become mutual com- Pulsory heirs one another4, (9) sever he biog reaonip been prentran he aepad ZR May be reves ae asf ct Sera ee a hep ‘The following are contracts that route the delivery of the subject matter before perfected contract texts, Which isthe exception? (4) Anagreement fo borrow lend money. (b)Anagroement to borroe/lend a eat. (0) An agrooment to deposit 1000 bags of ce tina warehouse, Which of the following expresses a correct principle flaw? (@) Flute to dislge facts when theie is a duty fo reveal them, does not constitute rave. (©) Violence or intimidation does not render a contract annullale if employed not by a _-x contracting party but by a third person. (9) A ove to enforce one's chim through ‘competent authority, ifthe clam is legal ot just does not vitiate consent. lation of a contact always rests in ‘oid contrat Which of, the following rellecs a correct legal principle? (@) A.B and Care coowners of a three: hnectare orchard If A decides to sll his share tB, Chas aright of redemption 0) A and B are adpining oveners of a rural land Each land hasan ares of Fal a hex- fare. 8 ses his and fo D who does nat wn any rural land, C has a eight of Ifthe High to repurchase is not exercised within the period agreed upon, 9 judi teri necessary consolidate ownership fon the buyer. of sles nota mode of acquiting owners. 27, Consents manifested by the mectng ofthe offer and the aceplance upon the thing and the cause which ae fo censtute the contrat, Which ofthe following nites an offer? EER: 18.209 0 gent (©) Bsies advertisment of hig orale (9. Advetsonent forbes G) Adciaaton oan inert 28. When go ve dere othe buyer Yn se Ite fors prod of sen) dym ewer of Begun psa tw tebayee a) Upon delivery ofthe gods 8 ‘Upon expiration of severt(7aag@ © Upon acceptance by the buyer of the afer ofthe seller (@_ Upon perection ofthe contract 29. A possessor of the land owned by another in bad faith is not entitled for refunds for expenses he ‘ncured forthe lar while in his possessions?@ vaernintatcsoen ofrecer CR only. (Yes, but he has the posssesory right of in 30, In case of adjunction whersby: two (2) movable ‘objets belonging to 2 differen owners were incorpo” ‘ated into one object and separation of which will ‘cause damage to either or both object, price fs alway the controling consideration in determining which fone of the two objet is the principal (2) Yes, because naturally the most valuable ‘one isthe principal abject. use there are other things to con | sider fist. | (Yes, because of the principle that accessory | fellows the principal (@) Yes, provided he isin ood fit 3, Which of he contracts below are rescssible? ‘Those entered into by guardians whenever the wards whom they represent suffer l= sion ofthe value of Zr yite obpct subjet matter thereat. (/ Those entered into by guardians when the (2 tesen suered i one fourth ofthe valve of the propery (© Those undertaken in fraud of editors even . i the latter hat oer means to collect the abt (@ Those where the contract is absolutely simnuated. 2 2. uth ect he send ede bf st hain a scomisrysottaton” Chom the best answer. a (@)_ No, transmission of righ fom the first het tothe second 0)_Nosight representation 6, ol be transmit to the heirs of the second hi. (2) Nowe ofthe above Can a criminal evicted of a crime which caries vil interdiction execute his will? es te thing oe 0 4 no Te allman ©) erin, (0. ihe tng ane a ben pel op pa (0 the wel hein ed cused etc a 45, Which sttoment best describes the profit shoring relationship of 2 general porinersip. where the pertners have agreed anyon voting percentage and the voting shares sre unequal? (@)_ Partners share in proportion to thee voting percentage y portion to their contr- (Co butions tothe cpitaland sets of the part nership. (0. Partners share equally (@) Partners cannot share wntil they unani= rmously agree upon a dstbution, 46. May west pet.owner donate property his pt (@) Yes be can because the eat has juridical cae ‘ PO MM nee tba pi cealeapaciy, (9) Yes, he can because the cat is a Hivng crea- (y/ No he cannot because the eat has no capac ytoact 7. conveyance by apariner of hi whole interest inthe partnership ()-putomatically dissolves the partnership entitles the assignee to immediately inter ~ fer in the management ofthe business (0) ents the assignee to iamediately inspect Parnership books48 . 51 AEG cecve ne prot ‘which the esignor would have been ent tle The following cannot be considered as a fortuitous event (@)_Earthquakes and tsunamis and labor uncest Dedaration of Marti awe (@)_ Other ats of Gd and nature An “Undertaking fr the Use of Safety Deposit Box” Which holds fre and blameless a hotel for fos ofits (@)_ valid if posted inthe hotel room. (©), valid ifsigned by the hte guest (©) pull and voi not posted and/or signed. void atl time. ‘The following test is not available to determine whether a witness signed in the presence of the testator and the other witneses (The Testof Sight (©)_ Dre Test of Position The Test of available Senses (©) The Test of Knovledge ‘The liability of debtors joint not solidary, when the following word is used to describe thet ibility (@) Inwiainy ©) Separately ©, Joly QR 52. The plaintif proved his loss but did not present competent evidence for the amount ofthe lass He ‘an be awarded (0) actu and moxal damag nominal and moral damages 44 moeal damages (liquidated and exemplary damages 53, Mitigation ofthe amount of damages isnot justified (@) theres contributory negligence (0) pariclelic rule applies be determined who ofthe plinti and detendant violated the contract ist (G) the plains didnot exercise diligence to minimize his loss 54 A pledge agreement allowed the pledge to transfer the pledged shares in pledgee’s name inthe relevant corporate books if the pledgor fails to remedy Payment default within thirty (2) days from receipt of writen demand tom the pledge. Is the stipe (@)_ No, because it dispenses with the payment of taxes dus onthe transfer No, consis pactam commis: (© Ye, because the taser e not automatic, ing on after pledgor fais to pay doing the curing period. oa 7(4) Yes, because the transfer is enly an act of admiration, 55. When the agent i possessed of « Special Power of Altorney authorizing him to morgage the properties ‘ofthe principal, and he abtans a personal loan from the bank and executes the Real Estate Mortgage over ‘be properties of his principal but with himself (the agent) as the mortgagor then — tate Mortgages vod, (©) the RealEstate Mortgage is unenforceable (©. the RealEstate Mortgages vali (@) the Real state Mortgages voidable, 56. Since an agent assumes no personal liability on the contract he enters into in the name ofthe principal, he agent indeed isa minor, then the agency entered into (9. vald and canoe and (x ate. (vid (2) sneer 57. The elit of von sla ae pice whe: @)_the debtor has absconded as absconded. °, (0. thecogzuarantor does nt favorit (the debtors insolvent. ‘55. Which ofthe following manragesis valid? (@)_Between the adopter snd the adopted chil ) Between the adopter and the survivin spouse of the adoped hil * stepson anda stepdaughter. (tetweena parentimiaw and e bindaw. 58 What is not a proper contibution of = tinted partner? (9) apiece ofland ©) 7500000 and an office butng ()_anexpensive sports cr ncering expertise 62, The following actean be delegated by a estat ©) The effectivity and operativeness of the Selegation ofan hee, legate or devise. (©) The duration ofthe designation of an hei, legate o devise, (2. The determination ofthe portion which an heir, legatee or devise, whois referred to bby name, can take ution of property that may be lft enera to specific clases or causes ‘61. Magdalene and Shanteng Company entered into & jontrct of agency before the consel general of the ‘rilippines in Singapore. They stipulated that Magy. dalene shall bo the administrator ofthe real proper. ties of Shantung Company inthe said county. By Virtue of the suid contract, Magdalene sold the 7 hectare land of Shantung Company located in Sings Pote to Mayhem Real Estate Corporation without any special power of attorey. The said contract of sale was executed before the vice cons ofthe Philippines In Singapore. Under the laws of Singapore, the ale of4 real property by an agent without a special power of attorney is valid. Shantung Company filed suit for the annulment of the contract of sale on the ‘ground that Magdalene has no thority to sll the property. Ifyou were the judge, hich of he fllse Ing courses of action should you ake? (@) Dismiss the action for annulment on the round thatthe forms and solemaiis of contracts, will and other public inst ‘ments shall be governed bythe law ofthe county in which they ae executed, (b) Dismiss the action for annulment on the round thatthe property subject of the case I lcated in Singapore, thus, the lay a Sin _gapore shall govern Grant GQERCTUSSEAEAEE the ground that the forms and solemaities of Eontracts, wills and other public instar rents chall be governed by the law of the ‘county in which they ae executed. (@ Grant the action for annulment on the ground that Shantamg Company did net at thorize Magdalene to sell the property “T°, who had no compulsory het ded leaving a will hereby he gave e devise of # commercial land and a, building thereon to his brother, "B, atthe fi hein, “imposing upon the later the obligation to preserve and to transmit the property upon his deat, to "5", the son of "B" : “B", the int heir andl “S", the second hei, were both living atthe time of the death ofthe testator. How lever, "S" the second heir died ahead of "B”, the fest, Ini “S" was survived by "W", his wife, as his only heir. Upon the death of "BY, i “W* entitad to the property? the Second heir acquired the right to the property Irom the time of the testators dent and even if °S* died ahead before “B", the right of “Ss tran mitted t0"W ashis only hei (0) No, because thefdeicomissary substitution ‘of heirs is not valid since “B” ie not one degree (generation) related to 1", he tsta- (0 No, because “Wis not an intestate hie of eae () No, because “Wis not the legal he of 1 © Robert a foreign national, who had jst asived in the Pilippines en February 12 purposely fo marry Maria, ‘executed & fake joint affidavit with Maria that bok have been living together as husband and wife for at Jeast 5 years, without any impediment to mary each other. Hence, Robert and Maria were mazred before ‘judge on Febraory 14 without a maringe license. Is ‘the marriage valid? ie is vold because ofthe ab- SW sence of a mariage license whichis essen lal othe validity ofa manage () Yes, because the absence of a mariage i= ‘conse isa mere irregularity. (0. Yee, because the affidavit, although falsi- fied, dispenses with the roqutement of @ mariage license. (@)” Yes, the marrage is voidable, valid until annulled. ss |(64. A manage between “1H,” 21 years of age, and “W," (6). yoidable, and may be annulled by either “Ht or W." (0) valid, bot wil subject the partes respons ble to civil adminiswative and crea I ability (2) oidable, and may be annulled only by eal 65. Your client lot a loan agreement containing a rel tate mortgage executed by your cients aime 15 {ears ago which the cient was able oregister and the ‘wansercetifieate of tile over the propery was duly annotated. Your client isthe mortgagee and all your ‘lent has in ite possession at the moment is the ‘owner's duplicate certificate of tite. The ln appears tobe in arrears but your client needs to find oat about the terme of the loan agreement before tking any further ation. Your client turns to you foe help, whet do you do? (@) file for an extrajudicial foreclosure (6) demand for a copy of the loan agreement from the other party and should the other prt fal to provide said document file for egies == apa menus (@) check the reverse sie of the owe’ certifi ‘ate of title forthe encumbrance annotated thereon 6 A lis pendens annotated on the tile was onleeed cancelled by the Regional Til Court (RTC) afer i {ranted a motion to dismiss of the defendant The Sefendant filet an appeal and demanded that the Registry of Deeds “dest from canceling the lis Pendens. The Registrar of Deeds filed a motion for reconsideration ofthe order f the RTC with the RTC ‘Whatis the status of sucha motion? (0) The motion chould be granted by the RTC since an appeal has bee filed before the is Pendens was cancelled, ) es have ole cs val Ne Matter to the Commissioner of land Registration insond of advent tote Rie (Iwi depend iat his stage tells pendens & sill necessary to protec he right ofthe party who eased ito be repstred andthe ‘motion may be granted or Geied accord ingly. (4 The motion was fled in the wrong court and should be fled wath the Court of Ap pea. 67. Alfonso and Associates, Inc. a general partnership borrowed oxgaried forthe practice of acouning money fm Vie Alfonso and Assocates ne seared fis obligation by mortgaging 2 parce of lar it cvened. The du date ofthe cigtion fll daw and ‘Pasa veloute beng pat Vie freed te forage. The seo the property was ester on the tide of the same on 18 Apel 200, The wining bidder atthe sale was Jeff Alonso and Ascites then ofiered to pay the ful redemption pre on 15 March 208, Cen jt refuse to allow the retemptan?(@WEPBese tne creditors an india (BY Novbecnse the debtors jure (0. Yes bese tee (@) months have ape ice hese (@) Yes, because the foreclosure wae properly done. red deivered to Dennis laptop computer and told him that he could use Fred snd Dennis entered nto contract of @) mutwum ©) deposit TH commodatum Noel and Lisa were sweethearts. Liza became pregnant. Knowing that Nool was preparing forthe bar examinations, Miguel, a lawyer and cousin of Liza tneatoned Noo! with the fling of « complaint for immorality in the Supreme Cour. thus, prevent: Ing him from taking, the examinations unless he martes Liza As a consequence of the thet, Noel sar Lin. Can the ot found of iden GRUUARGBABDE he aly Ene (2) Yes, because without ‘the threat, Noel would not marry ize (©) Yes, because the threat, to enforce the claim of Liza, wiistes the consent of Noa in con ‘racing the marrage suse the threat made by Miguel is jst and lege (No, because Miguel isnot a perty tothe contract of marrage between Liza snd Noe. 70. X was dicinherted by his father Y. In the probate of Ys will can the cduldren of X represent tir ds herted father? (No, the disineritance affects the heirs of the disnherted person, @NEEBR