2020 BAR EXAMINATIONS

POLITICAL LAW

November 14, 2020 8:00 A.M. - 12:00 N.N.

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.

Read each question very carefully and write your answers in your Bar Examination Notebook in
the same order as the questions. Write your answers only on the front page of every sheet.
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. Do not write your name or any extraneous note/s or distinctive marking/s on your Notebook
that can serve as an identifying mark/s (such as names that are not in the given questions,
prayers, or private notes to the Examiner). Writing, leaving, or making any distinguishing or
identifying mark in the Notebook is considered cheating and can disqualify you.

YOU CAN BRING HOME THE QUESTIONNAIRE.

JUSTICE LEONIN
Chairperson
2020 Bar Examinations

I.

State whether the following marital unions are valid, void, or voidable, and give the
corresponding justifications for your answer:

(a) Ador and Becky's marriage wherein Ador was afflicted with AIDS prior to the
marriage. (2%)

(b) Carlos' marriage to Dina which took place after Dina had poisoned her previous
husband Edu in order to free herself from any impediment in order to live with Carlos.
(2%)

(c) Eli and Fely's marriage solemnized seven years after the disappearance of Chona, Eli's
previous spouse, after the plane she had boarded crashed in the West Philippine Sea.
(2%)
 (d) David who married Lina immediately the day after obtaining a judicial decree
annulling his prior marriage to Elisa. (2%)

(e) Marriage of Zoren and Carmina who did not secure a marriage license prior to their
wedding, but lived together as husband and wife for 10 years without any legal
impediment to marry. (2%)

II.

Marco and Gina were married in 1989. Ten years later, or in 1999, Gina left Marco and lived
with another man, leaving their two children of school age with Marco. When Marco needed
money for their children's education he sold a parcel of land registered in his name, without
Gina's consent, which he purchased before his marriage. Is the sale by Marco valid, void or
voidable? Explain with legal basis. (4%)

Ill

Silverio was a woman trapped in a man's body. He was born male and his birth certificate
indicated his gender as male, and his name as Silverio Stalon. When he reached the age of 21,
he had a sex reassignment surgery in Bangkok, and, from then on, he lived as a female. On the
basis of his sex reassignment, he filed an action to have his first name changed to Shelley, and
his gender, to female. While he was following up his case with the Regional Trial Court of
Manila, he met Sharon Stan, who also filed a similar action to change her first name to Shariff,
and her gender, from female to male.

Sharon was registered as a female upon birth. While growing up, she developed male
characteristics and was diagnosed to have congenital adrenal hyperplasia ("CAH") which is a
condition where a person possesses both male and female characteristics. At puberty, tests
revealed that her ovarian structures had greatly minimized, and she had no breast or menstrual
development. Alleging that for all intents and appearances, as well as mind and emotion, she
had become a male, she prayed that her birth certificate be corrected such that her gender
should be changed from female to male, and that her first name should be changed from
Sharon to Shariff.

Silverio and Sharon fell in love and decided to marry. Realizing that their marriage will be
frowned upon in the Philippines, they travelled to Las Vegas, USA where they got married based
on the law of the place of celebration of the marriage. They, however, kept their Philippine
citizenship.

(a) Is there any legal bases for the court to approve Silverio's petition for correction of
entries in his birth certificate? (2.5%)

(b) Will your answer be the same in the case of Sharon's petition? (2.5%)

(c) Can the marriage of Silverio (Shelley) and Sharon (Shariff) be legally recognized as
valid in the Philippines? (2.5%)

IV

Leo married Lina and they begot a son. After the birth of their child, Lina exhibited unusual
behavior and started to neglect her son; she frequently went out with her friends and gambled
in casinos. Lina later had extra-marital affairs with several men and eventually abandoned Leo
and their son. Leo was able to talk to the psychiatrist of Lina who told him that Lina suffers
from dementia praecox, a form of psychosis where the afflicted person is prone to commit
homicidal attacks. Leo was once stabbed by Lina but fortunately he only suffered minor injuries.
Will a Petition for Declaration of Nullity of Marriage filed with the court prosper? Explain. (5%)

V.

Mrs. L was married to a ship captain who worked for an international maritime vessel. For her
and her family's support, she would claim monthly allotments from her husband's company.
One day, while en route from Hong Kong to Manila, the vessel manned by Captain L
encountered a severe typhoon at sea. The captain was able to send radio messages of distress
to the head office until all communications were lost. In the weeks that followed, the search
operations yielded debris of the lost ship but the bodies of the crew and the passengers were
not recovered. The insurance company thereafter paid out the death benefits to all the heirs of
the passengers and crew. Mrs. L filed a complaint demanding that her monthly allotments
continue for the next four years until her husband may be legally presumed dead because of his
absence. If you were the magistrate, how would you rule? (3%)

VI

Sammy and Santi are cousins who separately inherited two (2) adjoining lots from their
grandfather. Sammy is based overseas but wants to earn income from his inherited land, so he
asked a local contractor to build a row of apartments on his property which he could rent out.
The contractor sent him the plans and Sammy noticed that the construction encroached on a
part of Santi's land but he said nothing and gave approval to construct based on the plans
submitted by the local contractor. Santi, based locally, and who loved his cousin dearly, did not
object even if he knew of the encroachment since he was privy to the plans and visited the
property regularly. Later, the cousins had a falling out and Santi demanded that the portion of
the apartments that encroached on his land be demolished.

Can Santi successfully file legal action to require the demolition? (5%)

VII.

Alice agreed to sell a parcel of land with an area of 500 square meters registered in her name
and covered by TCT No. 12345 in favor of Bernadette for the amount of ₱900,000.00. Their
agreement dated October 15, 2015 reads as follows:

I, Bernadette, agree to buy the lot owned by Alice covered by TCT No. 12345 for the amount of
₱900,000.00 subject to the following schedule of payment:

Upon signing of agreement – ₱100,000.00

November 15, 2015 – ₱200,000.00

December 15, 2015 - ₱200,000.00

January 15, 2016 - ₱200,000.00

February 15, 2016 - ₱200,000.00

Title to the property shall be transferred upon full payment of ₱900,000.00 on or before
February 15, 2016.
After making the initial payment of ₱100,000.00 on October 15, 2015, and the second
instalment of ₱200,000.00 on November 15, 2015, Bernadette defaulted despite repeated
demands from Alice.

In December 2016, Bernadette offered to pay her balance but Alice refused and told her that
the land was no longer for sale. Due to the refusal, Bernadette caused the annotation of her
adverse claim upon TCT No. 12345 on December 19, 2016. Later on, Bernadette discovered that
Alice had sold the property to Chona on February 5, 2016, and that TCT No. 12345 had been
cancelled and another one issued (TCT No. 67891) in favor of Chona as the new owner.

Bernadette sued Alice and Chona for specific performance, annulment of sale and cancellation
of TCT No. 67891. Bernadette insisted that she had entered into a contract of sale with Alice;
and that because Alice had engaged in double sale, TCT No. 67891 should be cancelled and
another title be issued in Bernadette's favor.

(a) Did Alice and Bernadette enter into a contract of sale of the lot covered by TCT No.
12345? Explain your answer. (4%)

(b)Did Alice engage in double sale of the property? Explain your answer. (4%)

VIII

Joven and Juliana are the owners of a 30-hectare plantation in Cotabato, covered by a title. One
day, a group of armed men forcibly entered their house and, at gun point, forced them to sign a
Deed of Absolute Sale in favor of Romeo. Romeo got the title from them and they were ejected
from the house and threatened not to come back or else they will be killed. The spouses went
to Manila and resided there for more than 35 years. They never went back to Cotabato for fear
of their lives. Word came to them that peace and order have been restored in their former
place of residence and they decided to reclaim their land for the benefit of their grandchildren.
Joven and Juliana filed a suit for reconveyance of their property. This was opposed by the
grandson of Romeo to whom the title was eventually transferred, on the ground of laches and
prescription. Decide the case and rule on the defenses of laches and prescription. Explain your
answer. (5%)

IX.

Spouses Macario and Bonifacia Dakila entered into a contract to sell with Honorio Cruz over a
parcel of industrial land in Valenzuela, Bulacan for a price of Three Million Five Hundred
Thousand Pesos (P3,500,000.00). The spouses would give a downpayment of Five Hundred
Thousand Pesos (P500,000.00) upon the signing of the contract, while the balance would be
paid for the next three (3) consecutive months in the amount of One Million Pesos
(P1,000,000.00) per month. The spouses paid the first two (2) installments but not the last
installment. After one (1) year, the spouses offered to pay the unpaid balance which Honorio
refused to accept.

The spouses filed a complaint for specific performance against Honorio invoking the application
of the Maceda Law. If you are the judge, how will you decide the case? (4%)
 X.

Briefly explain whether the following contracts are valid, rescissible, unenforceable, voidable or
void:

(a) A contract of sale between Lana and Andy wherein 16-year old Lana agreed to sell
her grand piano for ₱5,000.-00. (2%)

(b) A contract of lease of the Philippine Sea entered by and between Mitoy and Elsa.
(2%)

(c) A barter of toys executed by 12-year old Clarence and 10-year old Czar (2%)

(d) A sale entered by Barri and Garri, both minors, which their parents later ratified.
(2%)

(e) Jenny's sale of her car to Celestine in order to evade attachment by Jenny's creditors.
(2%)

XI

Samantha sold all her business interest in a sole proprietorship to Sergio for the amount of
PhP1 million. Under the sale agreement, Samantha was supposed to pay for all prior unpaid
utility bills incurred by the sole proprietorship. A month after the Contract to Sell was executed,
Samantha still had not paid the PhP50,000 electricity bills incurred prior to the sale. Since
Sergio could not operate the business without electricity and the utility company refused to
restore electricity services unless the unpaid bills were settled in full, Sergio had to pay the
unpaid electricity bills. When the date for payment arrived, Sergio only tendered PhP950,000
representing the full purchase price, less the amount he paid for the unpaid utility bills.
Samantha refused to accept the tender on the ground that she was the one supposed to pay
the bills and Sergio did not have authorization to pay on her behalf.

(a) What is the effect of payment made by Sergio without the knowledge and consent of
Samantha? (2.5%)

(b) Is Samantha guilty of mora accipiendi? (2.5%)

XII

On March 13, 2008, Ariel entered into a Deed of Absolute Sale (DAS) with Noel where the
former sold his titled lot in Quezon City with an area of three hundred (300) square meters to
the latter for the price of P300,000.00. The prevailing market value of the lot was P3,000.00 per
square meter. On March 20, 2008, they executed another "Agreement To Buy Back/Redeem
Property" where Ariel was given an option to repurchase the property on or before March 20,
2010 for the same price. Ariel, however, remained in actual possession of the lot. Since Noel did
not pay the taxes, Ariel paid the real property taxes to avoid a delinquency sale.

On March 21, 2010, Ariel sent a letter to Noel, attaching thereto a manager's check for
P300,000.00 manifesting that he is redeeming the property. Noel rejected the redemption
claiming that the DAS was a true and valid sale representing the true intent of the parties. Ariel
filed a suit for the nullification of the DAS or the reformation of said agreement to that of a
Loan with Real Estate Mortgage. He claims the DAS and the redemption agreement constitute
an equitable mortgage. Noel however claims it is a valid sale with pacto de retro and Ariel
clearly failed to redeem the property. As the RTC judge, decide the case with reasons. (5%)
 XIII.

TRUE or FALSE - Explain your answers.

(a) All rights are considered as property. (2%)

(b) A lessee cannot bring a case for quieting of title respecting the property that he
leases. (2%)

(c) Only the city or municipal mayor can file a civil action to abate a public nuisance.
(2%)

(d) Possession of a movable property is lost when the location of the said movable is
unknown to the owner. (2%)

(e) Continuous non-apparent easements can be acquired either through title or by

prescription. (2%)

XV

Peter and Paul entered into a Contract to Sell whereby Peter, the lot owner, agreed to sell to
Paul his lot on November 6, 2016 for the price of Pl ,000,000.00 to be paid at the residence of
Peter in Makati City at 1 :00 p.m. If the full price is paid in cash at the specified time and place,
then Peter will execute a Deed of Absolute Sale and deliver the title to Paul.

On November 6, 2016, Paul did not show up and was not heard of from that date on. In view of
the nonperformance by Paul of his obligation, Peter sent a letter to Paul that he is expressly and
extra-judicially declaring the Contract to Sell rescinded and of no legal and binding effect. Peter
further stated that failure on the part of Paul to contest the rescission within thirty (30) days
from receipt of said letter shall mean that the latter agreed to the rescission.

Paul did not reply to this letter for five (5) years. Thus, Peter decided to sell his lot to Henry in
2021. After hearing that Henry bought the lot, Paul now questions the sale of the lot to Henry
and files a complaint for nullification of the sale.

[a] Is the exercise by Peter of his power to rescind extra-judicially the Contract to Sell
the proper and legal way of rescinding said contract? Explain. (2.5%)

[b] In case Paul made a down payment pursuant to a stipulation in the Contract to Sell,
what is the legal remedy of Peter? (2.5%)

XV.

A. Sara borrowed P50,000.00 from Julia and orally promised to pay it within six months.
When Sara tried to pay her debt on the 8th month, Julia demanded the payment of
interest of 12o/o per annum because of Sara's delay in payment. Sara paid her debt and
the interest claimed by Julia. After rethinking, Sara demanded back from Julia the
amount she had paid as interest. Julia claims she has no obligation to return the interest
paid by Sara because it was a natural obligation which Sara voluntarily performed and
can no longer recover. Do you agree? Explain. (4%)

B. Distinguish civil and natural obligations. (2%)

 XVI.

A congregation for religious women, by way of commodatum, is using the real property owned
and registered in the name of Spouses Manuel as a retreat house.

Maria, a helper of the congregation discovered a chest in the backyard. When she opened the
chest, it contained several pieces of jewelry and money. (4%)

(A) Can the chest containing the pieces of jewelry and money be considered as hidden
treasure?

(B) Who has the right to claim ownership of it?

XVII.

On March 30, 2000, Mariano died intestate and was survived by his wife, Leonora, and children,
Danilo and Carlito. One of the properties he left was a piece of land in Alabang where he built
his residential house.

After his burial, Leonora and Mariano’s children extrajudicially settled his estate. Thereafter,
Leonora and Danilo advised Carlito of their intention to partition the property. Carlito opposed
invoking Article 159 of the Family Code. Carlito alleged that since his minor child Lucas still
resides in the premises, the family home continues until that minor beneficiary becomes of age.

Is the contention of Carlito tenable? (4%)

XVIII

Shasha purchased an airline ticket from Sea Airlines (SAL) covering Manila-Bangkok- Hanoi-
Manila. The ticket was exclusively endorsable to Siam Airlines (SMA). The contract of air
transportation was between Shasha and SAL, with the latter endorsing to SMA the Hanoi-
Manila segment of the journey. All her flights were confirmed by SAL before she left Manila.
Shasha took the flight from Manila to Bangkok on board SAL using the ticket. When she arrived
in Bangkok, she went to the SAL ticket counter and confirmed her return trip from Hanoi to
Manila on board SMA Flight No. SA 888. On the date of her return trip, she checked in for SMA
Flight No. SA 888, boarded the plane, and before she could even settle in on her assigned seat,
she was off-loaded and treated rudely by the crew. She lost her luggage and missed an
important business meeting. She thereafter filed a complaint solely against SAL and argued that
it was solidarily liable with SMA for the damages she suffered since the latter was only an agent
of the former.

(a) Should either, or both, SAL and SMA be held liable for damages that Shasha
suffered? (2.5%)

(b) Assuming that one is an agent of the other, is the agency coupled with interest?
(2.5%)

XIX

Brad and Angelina had a secret marriage before a pastor whose office is located in Arroceros
Street, City of Manila. They paid money to the pastor who took care of all the documentation.
When Angelina wanted to go to the U.S., she found out that there was no marriage license
issued to them before their marriage. Since their marriage was solemnized in 1995 after the
effectivity of the Family Code, Angelina filed a petition for judicial declaration of nullity on the
strength of a certification by the Civil Registrar of Manila that, after a diligent and exhaustive
search, the alleged marriage license indicated in the marriage certificate does not appear in the
records and cannot be found.

[a] Decide the case and explain. (2.5%)

[b] In case the marriage was solemnized in 1980 before the effectivity of the Family
Code, is it required that a judicial petition be filed to declare the marriage null and void?
Explain. (2.5%)

XX.

A. Mr. and Mrs. Roman and Mr. and Mrs. Cruz filed an application for registration of a
parcel of land which after due proceedings was granted by the RTC acting as a land
registration court. However, before the decree of registration could be issued, the
spouses Roman and the spouses Cruz sold the lot to Juan. In the notarized deed of sale,
the sellers expressly undertook to submit the deed of sale to the land registration court
so that the title to the property would be directly issued in Juan's name. Is such a
stipulation valid? (2%)

B. Distinguish a direct attack from a collateral attack on a title. (2%)

C. If the title in Item XX.A is issued in the names of the original sellers, would a motion
filed by Juan in the same case to correct or amend the title in order to reflect his name
as owner be considered a collateral attack? (2%)

-NOTHING FOLLOWS-