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2003 BAR EXAMINATIONS

CIVIL LAW

November 17, 2019 2:00 P.M. - 6:00 P.M.

INSTRUCTIONS
1. This Questionnaire contains TEN (10) pages including this page. Check the number of pages and their
proper sequencing. You may write notes on this Questionnaire.
2. This Questionnaire is divided into two (2) parts: Part I and Part II. Write your answers to the questions in
Part I (consisting of problem sets labelled A.1. to A.10.) in Booklet I and the answers to the questions in Part
II (consisting of problem sets labelled B・11.to B・ 20 ・)in Booklet II. Answers written in the wrong
booklet shall not be given any credit ・
3. Read each question carefully and note the points allocated for each question. In your answers, follow the
sequence and the numbering system used in the Questionnaire. Answer each numbered question on a
separate page; an answer to a sub-question under the same number set may be written continuously on the
same page and succeeding pages until completed.
4. Your answers should demonstrate your ability to analyze the facts, apply the pertinent laws and
jurisprudence, and arrive at sound and logical conclusions. Always support your answers with the pertinent
laws, rules, and/or jurisprudence. A mere "yes" or "no" answer without any corresponding explanation or
discussion may not be given full credit.
5. Marking of your booklets with your name or other identifying signs or symbols extraneous to the subject
matter of the questions may be considered as cheating, and may disqualify you for the whole examinations.
YOU CAN BRING HOME THE QUESTIONNAIRE・
JUSTICE ESTELA M・ PERLAS-BERNABE
Chairperson
2003 Bar Examinations

PARTI
Note: As stated in the Instructions, Part I covers problem sets labelled A・1・ to A・10・ All answers to
these questions should be written in Booklet I.

A.1

It is said that “equity follows the law” What do you understand by this phrase, and what are its basic
implications?

A.2

Gene and Jane, Filipino, met and got married in England while both were taking up post-graduate courses
there. A few years after their graduation, they decided to annul their marriage. Jane filed an action to annul her
marriage to Gene in England on the ground of latter’s sterility, a ground for annulment of marriage in England. The
English court decreed the marriage annulled. Returning to the Philippines, Gene asked you whether or not he would
be free to marry his former girlfriend. What would your legal advice be? 5%

A.3

Miss Universe, from Finland, came to the Philippines on a tourist visa. While in this country, she fell in love
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with and married a Filipino doctor, Her tourist visa having been expired and after the maximum extension allowed
therefore, the Bureau of Immigration and Deportation (BID) is presently demanding that she immediately leave the
country but she refuses to do so, claiming that she is already a Filipino Citizen by her marriage to a Filipino citizen.
Can the BID still order the deportation of Miss Universe? Explain. 5%

A.4

Lina, a former Filipina who became an American citizen shortly after her marriage to an American husband,
would like to adopt in the Philippines, jointly with her husband, one of her minor brothers. Assuming that all the required
consents have been obtained, could the contemplated joint adoption in the Philippine prosper? Explain.

A.5

Which of the following remedies, i.e., (a) declaration of nullity of marriage, (b) annulment of marriage, (c)
legal separation, and/or (d) separation of property, can an aggrieved spouse avail himself/herself of-
(i) If the wife discovers after the marriage that her husband has “AIDS”.
(ii) If the wife goes (to) abroad to work as a nurse and refuses to come home after the expiration of her
three-year contract there.
(iii) If the husband discovers after the marriage that his wife has been a prostitute before they got
married.
(iv) If the husband has a serious affair with his secretary and refuses to stop notwithstanding advice
from relatives and friends.
(v) If the husband beats up his wife everytime he comes home drunk. 5%

A.6
If during class hours, while the teacher was chatting with other teachers in the school corridor, a 7 year old
male pupil stabs the eye of another boy with a ball pen during a fight, causing permanent blindness to the victim, who
could be liable for damages for the boy's injury: the teacher, the school authorities, or the guilty boy's parents? Explain.

A.7

Luis was survived by two legitimate children, two illegitimate children, his parents, and two brothers. He left
an estate of P1 million. Luis died intestate. Who are the compulsory heirs of Luis, how much is the legitimate of each,
and how much is the free portion of his estate, if any?

A.8

Mr. Reyes executed a will completely valid as to form. A week later, however, he executed another will
which expressly revoked his first will, which he tore his first will to pieces. Upon the death of Mr. Reyes, his second
will was presented for probate by his heirs, but it was denied probate due to formal defects. Assuming that a copy of
the first will is available, may it now be admitted to probate and given effect? Why?

A.9

(a) May a person sell something that does not belong to him? Explain.
(b) May a person donate something that does not belong to him? Explain. 5%

A.10

In 1950, Dr. Alba donated a parcel of land to Central University on condition that the latter must establish a
medical college on the land to be named after him. In the year 2000, the heirs of Dr. Alba filed an action to annul the
donation and for the reconveyance of the property donated to them for the failure, after 50 years, of the University to
established on the property a medical school named after their father. The University opposed the action on the ground
of prescription and also because it had not used the property for some purpose other than that stated in the donation.
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Should the opposition of the University to the action of Dr. Alba’s heirs be sustained? Explain.

A.11

Andres is a riparian owner of a parcel of registered land. His land, however, has gradually diminished in
area due to the current of the river, while the registered land of Mario on the opposite bank has gradually increased
in area by 200-square meters.
(a) Who has the better right over the 200-square meter area that has been added to Mario's registered
land, Mario or Andres?
(b) May a third person acquire said 200-square meter land by prescription?

A.12
X constructed a house on a lot which he was leasing from Y. Later, X executed a chattel mortgage over said
house in favor of Z as security for a loan obtained from the latter. Still later, X acquired ownership of the land where
his house was constructed, after which he mortgaged both house and land in favor of a bank, which mortgage was
annotated on the Torrens Certificate of Title. When X failed to pay his loan to the bank, the latter, being the highest
bidder at the foreclosure sale, foreclosed the mortgage and acquired X's house and lot. Learning of the proceedings
conducted by the bank, Z is now demanding that the bank reconvey to him X's house or pay X's loan to him plus
interests. Is Z's demand against the bank valid and sustainable? Why? 5%

A.13

In 1970, the spouses Juan and Juana de la Cruz, then Filipinos, bought the parcel of unregistered land in
the Philippines on which they built a house which became their residence. In 1986, they migrated to Canada and
became Canadian citizens.
Thereafter, in 1990, they applied, opposed by the Republic, for the registration of the aforesaid land in their
names. Should the application of the spouses de la Cruz be granted over the Republic's opposition? Why? 5%

A.14

Louie, before leaving the country to train as a chef in a five-star hotel in New York, U.S.A., entrusted to his
first-degree cousin Dewey an application for registration, under the Land Registration Act, of a parcel of land located
in Bacolod City. A year later, Louie returned to the Philippines and discovered that Dewey registered the land and
obtained an Original Certificate of Title over the property in his Dewey's name. Compounding the matter, Dewey sold
the land to Huey, an innocent purchaser for value. Louie promptly filed an action for reconveyance of the parcel of
Iand against Huey.
(a) Is the action pursued by Louie the property remedy?
(b) Assuming that reconveyance is the proper remedy, will the action prosper if the case was filed
beyond one year, but within ten years, from the entry of the decree of registration? 5%

A.15
Are the following obligations valid, why, and if they are valid, when is the obligation demandable in each
case?
(a) If the debtor promises to pay as soon as he has the means to pay;
(b) If the debtor promises to pay when he likes;
(c) If the debtor promises to pay when he becomes a lawyer;
(d) If the debtor promises to pay if his son, who is sick with cancer, does not die within one year.
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A.16
A, B,C,D, and E made themselves solidarity indebted to X for the amount of P50,000.00. When X demanded
payment from A, the latter refused to pay on the following grounds.
(a) B is only 16 years old.
(b) C has already been condoned by X
(c) D is insolvent.
(d) E was given by X an extension of 6 months without the consent of the other four co-debtors.
State the effect of each of the above defenses put up by A on his obligation to pay X, if such defenses are
found to be true.

A.17

X sold a parcel of land to Y on 01 January 2002, payment and delivery to be made on 01 February 2002. It
was stipulated that if payment were not to be made by Y on 01 February 2002, the sale between the parties would
automatically be rescinded. Y failed to pay on 01 February 2002, but offered to pay three days later, which payment
X refused to accept, claiming that their contract of sale had already been rescinded. Is X's contention correct? Why?
(5%)

A.18

Jo-Ann asked her close friend, Aissa, to buy some groceries for her in the supermarket. Was there a
nominate contract entered into between Jo-Ann and Aissa? In the affirmative, what was it? Explain. 5%

A.19

If a pregnant woman passenger of a bus were to suffer an abortion following a vehicular accident due to the
gross negligence of the bus driver, may she and her husband claim damages from the bus company for the death of
their unborn child? Explain. 5%

A.20
As a result of a collision between the taxicab owned by A and another taxicab owned by B, X, a passenger
of the first taxicab, was seriously injured. X later filed a criminal action against both drivers.
A. Is it necessary for X to reserve his right to institute a civil action for damages against both taxicab
owners before he can file a civil action for damages against them? Why
B. May both taxicab owners raise the defense of due diligence in the selection and supervision of their
drivers to be absolved from liability for damages to X? Reason. (5%)