2010 CIVIL LAW BAR QUESTIONS I True or False. a.

Under Article 26 of the Family Code, when a foreign spouse divorces his/her Filipino spouse, the latter may re-marry y proving only that the foreign spouse has o tained a divorce against her or him a road. !"#$ . %, a widower, died leaving a will stating that the house and lot where he lived cannot e partitioned for as long as the youngest of his four children desires to stay there. As coheirs and co-owners, the other three may demand partition anytime. !"#$ II Multi le C!oi"e. a. A had a &-storey uilding which was constructed y 'ngineer (. After five years, the uilding developed crac)s and its stairway eventually gave way and collapsed, resulting to in*uries to some lessees. +ho should the lessees sue for damages, !"#$ ". A, the owner 2. (, the engineer -. oth A . ( . /, owner of 0ot A, learning that 1apanese soldiers may have uried gold and other treasures at the ad*oining vacant 0ot ( elonging to spouses % . 2, e3cavated in 0ot ( where she succeeded in unearthing gold and precious stones. 4ow will the treasures found y / e divided, !"#$ ". "55# to / as finder 2. 65# to / and 65# to the spouses % and 2 -. 65# to / and 65# to the state &. 7one of the a ove c. A e3ecuted a 8eed of 8onation in favor of (, a achelor, covering a parcel of land valued at 9" million. ( was, however, out of the country at the time. For the donation to e valid, !"#$ ". ( may e-mail A accepting the donation. 2. :he donation may e accepted y (;s father with whom he lives. -. ( can accept the donation anytime convenient to him. &. (;s mother who has a general power of attorney may accept the donation for him. 6. 7one of the a ove is sufficient to ma)e (;s acceptance valid d. A e3ecuted a 6-page notarial will efore a notary pu lic and three witnesses. All of them signed each and every page of the will. /ne of the witnesses was (, the father of one of the legatees to the will. +hat is the effect of ( eing a witness to the will, !"#$ ". :he will is invalidated 2. :he will is valid and effective -. :he legacy given to (;s child is not valid

III #e$i%e& E%u'erate or E( lai%. )2* ea"!+ a. +hat is the difference etween <guaranty= and <suretyship=, b. 8efine quasi tort. +ho are the persons lia le under quasi torts and what are the defenses availa le to them, c. >ive at least two reasons why a court may assume *urisdiction over a conflict of laws case. IV ?pouses ( and > egot two offsprings. Al eit they had serious personality differences, the spouses continued to live under one roof. ( egot a son y another woman. > also egot a daughter y another man. a. @f > gives the surname of ( to her daughter y another man, what can ( do to protect their legitimate children;s interests, '3plain. !6#$ . @f ( acAuiesces to the use of his surname y >;s daughter y another man, what is/are the conseAuence/s, '3plain. !6#$ V > filed on 1uly B, 2555 a petition for declaration of nullity of her marriage to (. 8uring the pendency of the case, the couple entered into a compromise agreement to dissolve their a solute community of property. ( ceded his right to their house and lot and all his shares in two usiness firms to > and their two children, aged "B and "C. ( also opened a an) account in the amount of 9million in the name of the two children to answer for their educational e3penses until they finish their college degrees. For her part, > undertoo) to shoulder the day-to-day living e3penses and up)eep of the children. :he Court approved the spouses; agreement on ?eptem er B, 2555. a. ?uppose the usiness firms suffered reverses, rendering > una le to support herself and the children. Can > still as) for support pendente lite from (, '3plain. !-#$ . ?uppose in late 255& the two children had sAuandered the 9- million fund for their education efore they could o tain their college degrees, can they as) for more support from (, '3plain. !-#$ VI >igolo entered into an agreement with Da*orette for her to carry in her wom his a y via in vitro fertiliEation. >igolo undertoo) to underwrite Da*orette;s prenatal e3penses as well as those attendant to her delivery. >igolo would thereafter pay Da*orette 92 million and, in return, she would give custody of the a y to him. After Da*orette gives irth and delivers the a y to >igolo following her receipt of 92 million, she engages your services as her lawyer to regain custody of the a y. a. +hat legal action can you file on ehalf of Da*orette, '3plain. !2.6#$ . Can >igolo demand from Da*orette the return of the 92 million if he returns the a y, '3plain. !2.6#$ c. +ho of the two can e3ercise parental authority over the child, '3plain. !2.6#$ d. @s the child entitled to support and inheritance from >igolo, '3plain. !2.6#$

VII > and ( were married on 1uly -, "CBC. /n Darch &, 255", the marriage, which ore no offspring, was declared void ab initio under Article -6 of the Family Code. At the time of the dissolution of the marriage, the couple possessed the following propertiesF

a house and lot acAuired y ( on August -, "CBB, one third !"/-$ of the purchase price !representing downpayment$ of which he paidG one third !"/-$ was paid y > on Fe ruary "&, "CC5 out of a cash gift given to her y her parents on her graduation on April 6, "CBCG and the alance was paid out of the spouses; *oint incomeG and an apartment unit donated to ( y an uncle on 1une "C, "CBH.

a. +ho owns the foregoing properties, '3plain. !6#$ . @f > and ( had married on 1uly -, "CBH and their marriage was dissolved in 255H, who owns the properties, '3plain. !6#$ VIII ?pouses Ie3 and 0ea ore two children now aged "& and B. 8uring the su sistence of their marriage, Ie3 egot a child y another woman. 4e is now "5 years of age. /n 0ea;s discovery of Ie3;s fathering a child y another woman, she filed a petition for legal separation which was granted. Ie3 now wants to adopt his illegitimate child. a. +hose consent is needed for Ie3;s adoption of his illegitimate child, !2.6#$ . @f there was no legal separation, can Ie3 still adopt his illegitimate child, '3plain. !2.6#$ I, 'ighteen-year old Filipina 9atrice had a daughter out of wedloc) whom she named 0aurie. At 26, 9atrice married American citiEen 1ohn who rought her to live with him in the United ?tates of America. 1ohn at once signified his willingness to adopt 0aurie.Can 1ohn file the petition for adoption, @f yes, what are the reAuirements, @f no, why, !6#$ , @n "CCH, ( and > started living together without the enefit of marriage. :he relationship produced one offspring, Jenus. :he couple acAuired a residential lot in 9araKaAue. After four !&$ years or in 255", > having completed her &-year college degree as a fulltime student, she and ( contracted marriage without a license. :he marriage of ( and > was, two years later, declared null and void due to the a sence of a marriage license. a. @f you were the *udge who declared the nullity of the marriage, to whom would you award the lot, '3plain riefly. !-#$ . @s Jenus legitimate, illegitimate, or legitimated, '3plain riefly. !-#$ ,I :he spouses 9eter and 9aula had three !-$ children. 9aula later o tained a *udgment of nullity of marriage. :heir a solute community of property having een dissolved, they delivered 9" million to each of their - children as their presumptive legitimes. 9eter later re-married and had two !2$ children y his second wife Darie. 9eter and Darie, having successfully engaged in usiness, acAuired real properties. 9eter later died intestate. a. +ho are 9eter;s legal heirs and how will his estate e divided among them, !6#$ . +hat is the effect of the receipt y 9eter;s - children y his first marriage of their presumptive legitimes on their right to inherit following 9eter;s death, !6#$

,II /n Day 6, "CBC, "6-year old IoEanno, who was issued a student permit, drove to school a car, a gift from his parents. /n even date, as his class was scheduled to go on a field trip, his teacher reAuested him to accommodate in his car, as he did, four !&$ of his classmates ecause the van rented y the school was too crowded. /n the way to a museum which the students were scheduled to visit, IoEanno made a wrong maneuver, causing a collision with a *eepney. /ne of his classmates died. 4e and the three !-$ others were adly in*ured. a. +ho is lia le for the death of IoEanno;s classmate and the in*uries suffered y IoEanno and his - other classmates, '3plain. !2#$ . 4ow a out the damage to the *eepney, '3plain. !2#$ c. Under the same facts, e3cept the date of occurrence of the incident, this time in mid-"CC&, what would e your answer, '3plain. !2#$ ,III FranE was the owner of 0ot ' which was surrounded y four !&$ lots one of which L 0ot C L he also owned. 4e promised Ava that if she ought 0ot ', he would give her a right of way in 0ot C. Convinced, Ava ought 0ot ' and, as promised, FranE gave her a right of way in 0ot C. Ava cultivated 0ot ' and used the right of way granted y FranE. Ava later found gainful employment a road. /n her return after more than "5 years, the right of way was no longer availa le to her ecause FranE had in the meantime sold 0ot C to 1ulia who had it fenced. a. 8oes Ava have a right to demand from 1ulia the activation of her right of way, '3plain. !2.6#$ . Assuming Ava opts to demand a right of way from any of the owners of 0ots A, (, and 8, can she do that, '3plain. !2.6#$ ,IV 9rimo owns a pet iguana which he )eeps in a man-made pond enclosed y a fence situated in his residential lot. A typhoon )noc)ed down the fence of the pond and the iguana crawled out of the gate of 9rimo;s residence. 7, a neigh or who was passing y, started throwing stones at the iguana, drawing the iguana to move toward him. 7 panic)ed and ran ut tripped on something and suffered a ro)en leg. @s anyone lia le for 7;s in*uries, '3plain. !&#$ ,V A, (, and C entered into a partnership to operate a restaurant usiness. +hen the restaurant had gone past rea)-even stage and started to garner considera le profits, C died. A and ( continued the usiness without dissolving the partnership. :hey in fact opened a ranch of the restaurant, incurring o ligations in the process. Creditors started demanding for the payment of their o ligations. a. +ho are lia le for the settlement of the partnership;s o ligations, '3plain, !-#$ . +hat are the creditors; recourse/s, '3plain. !-#$ ,VI % was the owner of an unregistered parcel of land in Ca anatuan City. As she was a road, she advised her sister 2 via overseas call to sell the land and sign a contract of sale on her ehalf. 2 thus sold the land to (" on Darch -", 255" and e3ecuted a deed of a solute sale on ehalf of %. (" fully paid the purchase price. (2, unaware of the sale of the land to (", signified to 2 his interest to uy it ut as)ed 2 for her authority from %. +ithout informing % that she had sold the land to (", 2 sought % for a written authority to sell. % e-mailed 2 an authority to sell the land. 2 thereafter sold the land on Day ", 255" to (2 on monthly installment asis for two years, the first installment to e paid at the end of Day 255". +ho etween (" and (2 has a etter right over the land, '3plain. !6#$ NOTHING FOLLOWS.