Bar Examination Questionnaire for Civil Law Set A (1)When does a declaration of absence of a missing person take effect?

(A) Immediately from the issuance of the declaration of absence. (B) 3 months after the publication of the declaration of absence. ( ) ! months after the publication of the declaration of absence. (") 1# days from the issuance of the declaration of absence. ($) %he authority that school administrators e&ercise o'er school children under their super'ision( instruction( or custody is called (A) legal parental authority. (B) substitute parental authority. ( ) ordinary parental authority. (") special parental authority. (3) an future inheritance be the sub)ect of a contract of sale? (A) *o( since it +ill put the predecessor at the risk of harm from a tempted buyer( contrary to public policy. (B) ,es( since the death of the decedent is certain to occur. ( ) *o( since the seller o+ns no inheritance +hile his predecessor li'es. (") ,es( but on the condition that the amount of the inheritance can only be ascertained after the obligations of the estate ha'e been paid. (-) .pon the proposal of a third person( a ne+ debtor substituted the original debtor +ithout the latter/s consent. %he creditor accepted the substitution. 0ater( ho+e'er( the ne+ debtor became insol'ent and defaulted in his obligation. What is the effect of the ne+ debtor/s default upon the original debtor? (A) %he original debtor is freed of liability since no'ation took place and this relie'ed him of his obligation. (B) %he original debtor shall pay or perform the obligation +ith recourse to the ne+ debtor. ( ) %he original debtor remains liable since he ga'e no consent to the substitution. (") %he original debtor shall pay or perform #12 of the obligation to a'oid un)ust enrichment on his part.

(#) 0ennie bought a business class ticket from Alta Airlines. As she checked in( the manager do+ngraded her to economy on the ground that a ongressman had to be accommodated in the business class. 0ennie suffered the discomfort and embarrassment of the do+ngrade. 3he sued the airlines for 4uasi5delict but Alta Airlines countered that( since her tra'el +as go'erned by a contract bet+een them( no 4uasi5delict could arise. Is the airline correct? (A) *o( the breach of contract may in fact be tortious as +hen it is tainted as in this case +ith arbitrariness( gross bad faith( and malice. (B) *o( denying 0ennie the comfort and amenities of the business class as pro'ided in the ticket is a tortious act. ( ) ,es( since the facts sho+ a breach of contract( not a 4uasi5delict. (") ,es( since 4uasi5delict presupposes the absence of a pre5e&isting contractual relation bet+een the parties. (!) Which of the follo+ing is an indispensable re4uirement in an action for 64uieting of title6 in'ol'ing real property? %he plaintiff must (A) be in actual possession of the property. (B) be the registered o+ner of the property. ( ) ha'e legal or e4uitable title to the property. (") be the beneficial o+ner of the property. (7) 8 and , +ere to marry in 3 months. 9eantime( to e&press his affection( 8 donated a house and lot to ,( +hich donation 8 +rote in a letter to ,. , +rote back( accepting the donation and took possession of the property. Before the +edding( ho+e'er( , suddenly died of heart attack. an ,/s heirs get the property? (A) *o( since the marriage did not take place. (B) ,es( since all the re4uisites of a donation of an immo'able are present. ( ) *o( since the donation and its acceptance are not in a public instrument. (") ,es( since 8 freely donated the property to , +ho became its o+ner. (:) ;ene and 0ily got married after a brief courtship. After one month( 0ily disco'ered that +hile ;ene presented himself as a macho man he +as actually gay. <e +ould not go to bed +ith her. <e kept obscene maga=ines of nude men and al+ays sought the company of handsome boys. What legal remedy does 0ily ha'e? (A) 3he can file an action for annulment of marriage on ground of fraud. (B) 3he can seek a declaration of nullity of the marriage based on ;ene/s psychological incapacity.

( ) 3he can go abroad and file for di'orce in a country that can grant it. (") 3he has none since she had the opportunity to e&amine the goods and freely entered into the marriage. (>) 0ucio e&ecuted a simple deed of donation of ?#1 million on time deposit +ith a bank in fa'or of A( B( ( "( and @( +ithout indicating the share of each donee. All the donees accepted the donation in +riting. A( one of the donees( died. Will B( ( "( and @ get A/s share in the money? (A) ,es( accretion +ill automatically apply to the )oint5donees in e4ual shares. (B) ,es( since the donor/s intention is to gi'e the +hole of ?#1 million to the )ointdonees in e4ual shares. ( ) *o( A6s share +ill re'ert to the donor because accretion applies only if the )oint5donees are spouses. (") *o( A/s share goes to his heirs since the donation did not pro'ide for re'ersion to donor. (11) ;aul( @ster( and ;ufus inherited a 115hectare land from their father. Before the land could be partitioned( ho+e'er( ;aul sold his hereditary right to ;affy( a stranger to the family( for ?# million. "o @ster and ;ufus ha'e a remedy for keeping the land +ithin their family? (A) ,es( they may be subrogated to ;affy/s right by reimbursing to him +ithin the re4uired time +hat he paid ;aul. (B) ,es( they may be subrogated to ;affy/s right pro'ided they buy him out before he registers the sale. ( ) *o( they can be subrogated to ;affy/s right only +ith his conformity. (") *o( since there +as no impediment to ;aul selling his inheritance to a stranger. (11) When one e&ercises a right recogni=ed by la+( kno+ing that he thereby causes an in)ustice to another( the latter is entitled to reco'er damages. %his is kno+n as the principle of (A) res ipsa lo4uitur. (B) damnum abs4ue in)uria. ( ) 'icarious liability. (") abuse of rights. (1$) Which of the follo+ing is *A% a basis for rendering a disinheritance defecti'e or imperfect? (A) Its cause comes from the guilt of a spouse in a legal separation case( the innocent5 spouse ha'ing died. (B) %he truth of its cause is denied and not sufficiently pro'ed by e'idence.

( ) Its cause is not authori=ed by the la+. (") Its cause is not specified. (13) 9anuel came to 9anila and married 9arianne. .nkno+n to 9arianne( 9anuel had been pre'iously con'icted in ?ala+an of theft and ser'ed time for it. After 9arianne learned of his pre'ious con'iction( she stopped li'ing +ith him. an 9arianne seek the annulment of the marriage based on 9anuel/s nondisclosure of his pre'ious crime? (A) *o( since the assumption is that marriage forgi'es all past +rongs. (B) ,es( since the non5disclosure of that crime is the e4ui'alent of fraud( +hich is a ground for annulment. ( ) *o( in case of doubt( the la+ must be construed to preser'e the institution of marriage. (") *o( since 9anuel already ser'ed the penalty for his crime. (1-) Arthur and <elen( both Bilipinos( got married and had $ children. Arthur later +orked in ;ome +here he ac4uired Italian citi=enship. <e got a di'orce from <elen in ;ome but( on returning to the ?hilippines( he reali=ed his mistake( asked forgi'eness of his +ife( and resumed li'ing +ith her. %hey had $ more children. What is the status of their - children? (A) %he children born before the di'orce are legitimate but those born after it are not since Arthur got the di'orce +hen he had ceased to be a Bilipino. (B) %he di'orce rendered illegitimate the children born before it since the marriage that begot them had been nullified. ( ) %he children born before and after the di'orce are all legitimate since ?hilippine la+ does not recogni=e di'orce. (") All the children are legitimate since they +ere born of the same father and mother. (1#) Who can make a donation? (A) All persons +ho can enter into contracts and dispose of their property. (B) All persons +ho are of legal age and suffer from no ci'il interdiction. ( ) All persons +ho can make a last +ill and testament. (") All persons( +hether natural or artificial( +ho o+n property. (1!) %he liability of the partners( including industrial partners for partnership contracts entered into in its name and for its account( +hen all partnership assets ha'e been e&hausted is (A) ?ro5rata. (B) Coint.

( ) 3olidary. (") Doluntary. (17) When can a missing person +ho left someone to administer his property be declared an absentee by the court? When he has been missing for (A) $ years from the receipt of the last ne+s about him. (B) 7 years from the receipt of the last ne+s about him. ( ) 11 years from the receipt of the last ne+s about him. (") # years from the receipt of the last ne+s about him. (1:) Which of the follo+ing claims against the debtor en)oys preference o'er the others +ith respect to his specific immo'able property and real rights? (A) .npaid price of real property sold( upon the immo'able property. (B) 9ortgage credits recorded in the registry of property( upon the mortgaged real estate. ( ) %a&es due( upon the land or building. (") @&penses for the preser'ation and impro'ement of property( +hen the la+ authori=es reimbursement( upon the preser'ed or impro'ed immo'able. (1>) When bilateral contracts are 'itiated +ith 'ices of consent( they are rendered (A) rescissible. (B) 'oid. ( ) unenforceable. (") 'oidable. ($1) An agent( authori=ed by a special po+er of attorney to sell a land belonging to the principal succeeded in selling the same to a buyer according to the instructions gi'en the agent. %he agent e&ecuted the deed of absolute sale on behalf of his principal t+o days after the principal died( an e'ent that neither the agent nor the buyer kne+ at the time of the sale. What is the standing of the sale? (A) Doidable. (B) Dalid. ( ) Doid. (") .nenforceable.

($1) 3pouses A and B leased a piece of land belonging to BEs parents for $# years. %he spouses built their house on it +orth ?311(111.11. 3ubse4uently( in a case that filed against A and B( the court found the latter liable to for ?$11(111.11. When the sheriff +as attaching their house for the satisfaction of the )udgment( A and B claimed that it +as e&empt from e&ecution( being a family home. Is this claim correct? (A) ,es( because +hile B/s parents o+n the land( they agreed to ha'e their daughter build her family home on it. (B) *o( because there is no )udicial declaration that it is a family home. ( ) *o( since the land does not belong to A and B( it cannot 4ualify as a family home. (") ,es( because the A and B/s family actually li'es in that house. ($$) 3olomon sold his coconut plantation to Aragon( Inc. for ?111 million( payable in installments of ?11 million per month +ith !2 interest per annum. 3olomon married 0orna after # months and they chose con)ugal partnership of gains to go'ern their property relations. When they married( Aragon had an unpaid balance of ?#1 million plus interest in 3olomon/s fa'or. %o +hom +ill Aragon/s monthly payments go after the marriage? (A) %he principal shall go to the con)ugal partnership but the interests to 3olomon. (B) Both principal and interests shall go to 3olomon since they are his e&clusi'e properties. ( ) Both principal and interests shall go to the con)ugal partnership since these become due after the marriage. (") %he principal shall go to 3olomon but the interests to the con)ugal partnership. ($3) 8 and ,( although not suffering from any impediment( cohabited as husband and +ife +ithout the benefit of marriage. Bollo+ing the birth of their child( the couple got married. A year after( ho+e'er( the court annulled the marriage and issued a decree of annulment. What is the present status of the child? (A) 0egitimated. (B) Illegitimate. ( ) *atural child. (") 0egitimate. ($-) When A and B married( they chose con)ugal partnership of gains to go'ern their property relations. After 3 years( B succeeded in getting her marriage to A annulled on ground of the latter/s psychological incapacity. What li4uidation procedure +ill they follo+ in disposing of their assets? (A) %hey +ill follo+ the rule go'erning the li4uidation of a con)ugal partnership of gains +here the party +ho acted in bad faith forfeits his share in the net profits.

(B) 3ince the marriage has been declared 'oid( the rule for li4uidation of absolute community of property shall be follo+ed. ( ) %he li4uidation of a co5o+nership applies since the annulment brought their property relation under the chapter on property regimes +ithout marriage. (") %he la+ on li4uidation of partnerships applies. ($#) 8 and , agreed 'erbally before their marriage (a) on the paternity of the illegitimate child of , and (b) on the economic regime that +ill go'ern 8 and ,/s property relations. Is the 'erbal agreement 'alid? (A) *o( because a marriage settlement to be 'alid should be in +riting. (B) ,es( since ante5nuptial agreements need not be in +riting. ( ) *o( because a marriage settlement cannot include an agreement on the paternity of an illegitimate child. (") ,es( since e'en if it is not a 'alid marriage settlement( it is a 'alid 'erbal contract. ($!) 3pouses 8 and , ha'e a minor daughter( F( +ho needs support for her education. Both 8 and ,( +ho are financially distressed( could not gi'e the needed support to F. As it happens( F/s other relati'es are financially capable of gi'ing that support. Brom +hom may F first rightfully demand support? Brom her (A) grandfather. (B) brother. ( ) uncle. (") first cousin. ($7) Bidel( a Bilipino +ith fair comple&ion( married Gloria. Before the marriage( Gloria confessed to Bidel that she +as t+o5month pregnant +ith the child of a black African +ho had left the country for good. When the child +as born( Bidel could not accept it being too black in comple&ion. What is the status of the child? (A) Illegitimate( because Gloria confessed that the child is not Bidel/s. (B) Illegitimate( because by the color of its skin( the child could not possibly be that of Bidel. ( ) 0egitimate( because the child +as born +ithin a 'alid marriage. (") 0egitimate( because Bidel agreed to treat the child as his o+n after Gloria told him +ho the father +as. ($:) %he husband/s acts of forcibly e)ecting his +ife +ithout )ust cause from the con)ugal d+elling and refusing to take her back constitutes

(A) desertion. (B) recrimination. ( ) constructi'e abandonment. (") de facto separation. ($>) In his +ill( the testator designated 8 as a legatee to recei'e ?$ million for the purpose of buying an ambulance that the residents of his Barangay can use. What kind of institution is this? (A) a fideicomissary institution. (B) a modal institution. ( ) a conditional institution. (") a collecti'e institution. (31) 8 insured himself for ?# million( designating ,( his +ife( as his sole beneficiary. %he designation +as irre'ocable. A fe+ years later( 8 had their marriage annulled in court on the ground that , had an e&isting prior marriage. 8 subse4uently died( Is , entitled to the insurance benefits? (A) ,es( since the insurance +as not dependent on the marriage. (B) ,es( since her designation as beneficiary +as irre'ocable. ( ) *o( 8/s designation of , is re'oked by operation of la+ upon the annulment of their marriage based on ,/s fault. (") ,es( since +ithout )udicial re'ocation( 8/s designation of , remains 'alid and binding. (31) 9ay a spouse freely donate communal or con)ugal property +ithout the consent of the other? (A) Absolutely not( since the spouses co5o+n such property. (B) ,es( for properties that the family may spare( regardless of 'alue. ( ) ,es( pro'ided the donation is moderate and intended for charity or family re)oicing. (") ,es( in a donation mortis causa that the donor may still re'oke in his lifetime. (3$) %he decedent died intestate lea'ing an estate of ?11 million. <e left the follo+ing heirsH a) 9arlon( a legitimate child and b) ecilia( the legal spouse. "i'ide the estate. (A) 9arlon gets 1I- and (B) 9arlon gets $I3 and ( ) 9arlon gets 1I$ and ecilia gets 3I-. ecilia 1I3. ecilia gets 1I$.

(") 9arlon gets 3I- and

ecilia 1I-.

(33) ontracts take effect only bet+een the parties or their assigns and heirs( e&cept +here the rights and obligations arising from the contract are not transmissible by their nature( by stipulation( or by pro'ision of la+. In the latter case( the assigns or the heirs are not bound by the contracts. %his is kno+n as the principle of (A) ;elati'ity of contracts. (B) Breedom to stipulate. ( ) 9utuality of contracts. (") Abligatory force of contracts. (3-) A buyer ordered #(111 apples from the seller at ?$1 per apple. %he seller deli'ered !(111 apples. What are the rights and obligations of the buyer? (A) <e can accept all !(111 apples and pay the seller at ?$1 per apple. (B) <e can accept all !(111 apples and pay a lesser price for the 1(111 e&cess apples. ( ) <e can keep the !(111 apples +ithout paying for the 1(111 e&cess since the seller deli'ered them any+ay. (") <e can cancel the +hole transaction since the seller 'iolated the terms of their agreement. (3#) 0ino entered into a contract to sell +ith ;amon( undertaking to con'ey to the latter one of the fi'e lots he o+ns( +ithout specifying +hich lot it +as( for the price of ?1 million. 0ater( the parties could not agree +hich of fi'e lots he o+ned 0ino undertook to sell to ;amon. What is the standing of the contract? (A) .nenforceable. (B) Doidable. ( ) ;escissible. (") Doid. (3!) Jno+ing that the car had a hidden crack in the engine( 8 sold it to , +ithout informing the latter about it. In any e'ent( the deed of sale e&pressly stipulated that 8 +as not liable for hidden defects. "oes , ha'e the right to demand from 8 a reimbursement of +hat he spent to repair the engine plus damages? (A) ,es. 8 is liable +hether or not he +as a+are of the hidden defect. (B) ,es( since the defect +as not hiddenK 8 kne+ of it but he acted in bad faith in not disclosing the fact to ,.

( ) *o( because , is in estoppel( ha'ing changed engine +ithout prior demand. (") *o( because , +ai'ed the +arranty against hidden defects. (37) Acme annery produced sardines in cans kno+n as 63ards.6 9ylene bought a can of 3ards from a store( ate it( and suffered from poisoning caused by a no&ious substance found in the sardines. 9ylene filed a case for damages against Acme. Which of the follo+ing defenses +ill hold? (A) %he e&piry date of the 63ards6 +as clearly printed on its can( still the store sold and 9ylene bought it. (B) 9ylene must ha'e detected the no&ious substance in the sardines by smell( yet she still ate it. ( ) Acme had no transaction +ith 9yleneK she bought the 63ards6 from a store( not directly from Acme. (") Acme en)oys the presumption of safeness of its canning procedure and 9ylene has not o'ercome such presumption. (3:) Bernando e&ecuted a +ill( prohibiting his +ife 9arina from remarrying after his death( at the pain of the legacy of ?111 9illion in her fa'or becoming a nullity. But a year after Bernando/s death( 9arina +as so o'er+helmed +ith lo'e that she married another man. Is she entitled to the legacy( the amount of +hich is +ell +ithin the capacity of the disposable free portion of Bernando/s estate? (A) ,es( since the prohibition against remarrying is absolute( it is deemed not +ritten. (B) ,es( because the prohibition is inhuman and oppressi'e and 'iolates 9arina/s rights as a free +oman. ( ) *o( because the nullity of the prohibition also nullifies the legacy. (") *o( since such prohibition is authori=ed by la+ and is not repressi'eK she could remarry but must gi'e up the money. (3>) 8( the o+ner( constituted a 115year usufruct on his land as +ell as on the building standing on it in ,/s fa'or. After flood totally destroyed the building # years later( 8 told , that an act of God terminated the usufruct and that he should 'acate the land. Is 8( the o+ner of the land( correct? (A) *o( since the building +as destroyed through no fault of ,. (B) *o( since , still has the right to use the land and the materials left on it. ( ) ,es( since , cannot use the land +ithout the building. (") ,es( since the destruction of the building +ithout the 8/s fault terminated the usufruct. (-1) In gratitude( the groom/s parents made a donation of a property in +riting to the bride/s parents shortly before their children/s +edding. %he donation +as accepted. What is the nature of the donation?

(A) It is an ordinary donation since it +as not gi'en to the bride or groom. (B) It is donation propter nuptias since it +as gi'en +ith the marriage in mind. ( ) It is an indirect donation propter nuptias since the bride +ould e'entually inherit the property from her parents. (") It is a remunatory donation. (-1) 8 and ,( both Bilipinos( +ere married and resided in 3pain although they intend to return to the ?hilippines at some future time. %hey ha'e not e&ecuted any marriage settlements. What la+ go'erns their property relations? (A) %hey may choose bet+een 3panish la+ and ?hilippine la+. (B) ?hilippine la+ since they are both Bilipinos. ( ) *o regime of property relations +ill apply to them. (") 3panish la+ since they li'e in 3pain. (-$) Birth determines personality. "eath e&tinguishes it. .nder +hat circumstances may the personality of a deceased person continue to e&ist? (A) In case of re5appearance of a missing person presumed dead. (B) In protecting the +orks of a deceased under intellectual property la+s. ( ) In case of declaration of presumpti'e death of a missing spouse. (") In the settlement of the estate of a deceased person. (-3) 3i& tenants sued 8( the lando+ner( for +illfully denying them +ater for their farms( +hich +ater happened to flo+ from land under 8/s control( his intention being to force them to lea'e his properties. Is 8 liable for his act and +hy? (A) *o( because the tenants must be content +ith +aiting for rainfall for their farms. (B) *o( since 8 o+ns both the land and the +ater. ( ) ,es( because the tenants/ farms ha'e the natural right of access to +ater +here'er it is located. (") ,es( since 8 +illfully caused in)ury to his tenants contrary to morals( good customs or public policy. (--) Illegitimate brothers and sisters( +hether of full or half5blood( are bound to support each other( @8 @?% +hen (A) the brother or sister +ho needs support li'es in another place.

(B) such brothers and sisters are not recogni=ed by their father. ( ) the brother or sister in need stops schooling +ithout 'alid reason. (") the need for support of a brother or sister( already of age( is due to the latterEs fault. (-#) Dirgilio o+ned a bare and simple s+imming pool in his garden. 9B( a 75year old child( surreptitiously entered the garden and merrily romped around the ledges of the pool. <e accidentally tripped( fell into the pool( and dro+ned. 9B/s parents sued Dirgilio for damages arising from their child/s death( premised on the principle of 6attracti'e nuisance6. Is Dirgilio liable for the death of 9B? (A) *o( the child +as 7 years old and kne+ the dangers that the pool offered. (B) ,es( being an attracti'e nuisance( Dirgilio had the duty to pre'ent children from coming near it. ( ) *o( since the pool +as bare and had no enticing or alluring gadgets( floats( or de'ices in it that +ould attract a 75year old child. (") ,es( since Dirgilio did not co'er the s+imming pool +hile not in use to pre'ent children from falling into it. (-!) %he term of a #5year lease contract bet+een 8 the lessor and , the lessee( +here rents +ere paid from month to month( came to an end. 3till( , continued using the property +ith 8/s consent. In such a case( it is understood that they impliedly rene+ed the lease (A) from month to month under the same conditions as to the rest. (B) under the same terms and conditions as before. ( ) under the same terms e&cept the rent +hich they or the court must fi&. (") for only a year( +ith the rent raised by 112 pursuant to the rental control la+. (-7) ;e&( a philanthropist( donated a 'aluable lot to the municipality on the condition that it +ill build a public school on such lot +ithin $ years from its acceptance of the donation. %he municipality properly accepted the donation but did not yet build the public school after $ years. an ;e& re'oke the donation? (A) ,es( since the donation is sub)ect to a resolutory condition +hich +as not fulfilled. (B) *o( but ;e& is entitled to reco'er the 'alue of the land from the municipality. ( ) *o( the transfer of o+nership has been completed. (") ,es( the donation is not deemed made until the suspensi'e condition has been fulfilled. (-:) Illegitimate children( those not recogni=ed by their biological fathers( shall use the surname of their

(A) biological father sub)ect to no condition. (B) mother or biological father( at the mother/s discretion. ( ) mother. (") biological father unless he )udicially opposes it. (->) Asiong borro+ed ?1 million from a bank( secured by a mortgage on his land. Without his consent( his friend Boyong paid the +hole loan. 3ince Asiong benefited from the payment( can Boyong compel the bank to subrogate him in its right as mortgagee of AsiongEs land? (A) *o( but the bank can foreclose and pay Boyong back. (B) *o( since Boyong paid for Asiong/s loan +ithout his appro'al. ( ) ,es( since a change of creditor took place by no'ation +ith the bank/s consent. (") ,es( since it is but right that Boyong be able to get back his money and( if not( to foreclose the mortgage in the manner of the bank. (#1) ongress passed a la+ imposing ta&es on income earned out of a particular acti'ity that +as not pre'iously ta&ed. %he la+( ho+e'er( ta&ed incomes already earned +ithin the fiscal year +hen the la+ took effect. Is the la+ 'alid? (A) *o( because la+s are intended to be prospecti'e( not retroacti'e. (B) *o( the la+ is arbitrary in that it ta&es income that has already been spent. ( ) ,es( since ta& la+s are the lifeblood of the nation. (") ,es( ta& la+s are an e&ceptionK they can be gi'en retroacti'e effect. (#1) ;udolf borro+ed ?1 million from ;odrigo and Bernando +ho acted as solidary creditors. When the loan matured( ;odrigo +rote a letter to ;udolf( demanding payment of the loan directly to him. Before ;udolf could comply( Bernando +ent to see him personally to collect and he paid him. "id ;udolf make a 'alid payment? (A) *o( since ;udolf should ha'e split the payment bet+een ;odrigo and Bernando. (B) *o( since ;odrigo( the other solidary creditor( already made a prior demand for payment from ;udolf. ( ) ,es( since the payment co'ers the +hole obligation. (") ,es( since Bernando +as a solidary creditor( payment to him e&tinguished the obligation. (#$) What happens to the property regimes that +ere subsisting under the *e+ Bamily ode took effect? i'il ode +hen the

(A) %he original property regimes are immutable and remain effecti'e. (B) %hose en)oying specific regimes under the *e+ i'il absolute community of property under the Bamily ode. ode may adopt the regime of

( ) %hose that married under the *e+ i'il ode but did not choose any of its regimes shall no+ be go'erned by the regime of absolute community of property. (") %hey are superseded by the Bamily ode +hich has retroacti'e effect.

(#3) %he testator e&ecuted a +ill follo+ing the formalities re4uired by the la+ on succession +ithout designating any heir. %he only testamentary disposition in the +ill is the recognition of the testatorEs illegitimate child +ith a popular actress. Is the +ill 'alid? (A) ,es( since in recogni=ing his illegitimate child( the testator has made him his heir. (B) *o( because the non5designation of heirs defeats the purpose of a +ill. ( ) *o( the +ill comes to life only +hen the proper heirs are instituted. (") ,es( the recognition of an illegitimate heir is an ample reason for a +ill. (#-) A left B( his +ife( in the ?hilippines to +ork in @gypt but died in that country after a year/s continuous stay. %+o months after A/s death( B ga'e birth to a child( claiming it is A/s child. Who can assail the legitimacy of the child? (A) A/s other heirs apart from B. (B) %he 3tate +hich has interest in the +elfare of o'erseas contract +orkers. ( ) Any one +ho is outraged by B/s claim. (") *o one since A died. (##) L; and %3 +ho had a marriage license re4uested a ne+ly appointed Cudge in 9anila to marry them on the beach of Boracay. 3ince the Cudge maintained Boracay as his residence( he agreed. %he sponsors +ere all public officials. What is the status of the marriage. (A) Dalid( since the improper 'enue is merely an irregularityK all the elements of a 'alid marriage are present. (B) Doid( because the couple did not get local permit for a beach +edding. ( ) Doidable( because the Cudge acted beyond his territorial )urisdiction and is administrati'ely liable for the same. (") Doid( because the Cudge did not solemni=e the marriage +ithin the premises of his court. (#!) 8 and ,( Bilipinos( got married in 0os Angeles( .3A( using a marriage license issued by the ?hilippine consul in 0os Angeles( acting as i'il ;egistrar. 8 and , did not kno+ that they +ere first

cousins because their mothers( +ho +ere sisters( +ere separated +hen they +ere 4uite young. 3ince 8 did not +ant to continue +ith the relation +hen he heard of it( he left ,( came to the ?hilippines and married F. an 8 be held liable for bigamy? (A) *o since 8/s marriage to , is 'oid ab initio or did not e&ist. (B) *o since 8 acted in good faith( conscious that public policy did not appro'e of marriage bet+een first cousins. ( ) ,es since he married F +ithout first securing a )udicial declaration of nullity of his marriage to ,. (") ,es since his first marriage to , in 0os Angeles is 'alid. (#7) Allan bought Billy/s property through arlos( an agent empo+ered +ith a special po+er of attorney (3?A) to sell the same. When Allan +as ready to pay as scheduled( Billy called( directing Allan to pay directly to him. An learning of this( arlos( BillyEs agent( told Allan to pay through him as his 3?A pro'ided and to protect his commission. Baced +ith t+o claimants( Allan consigned the payment in court. Billy protested( contending that the consignation is ineffecti'e since no tender of payment +as made to him. Is he correct? (A) *o( since consignation +ithout tender of payment is allo+ed in the face of the conflicting claims on the plaintiff. (B) ,es( as o+ner of the property sold( Billy can demand payment directly to himself. ( ) ,es( since Allan made no announcement of the tender. (") ,es( a tender of payment is re4uired for a 'alid consignation. (#:) 8 sold , 111 sacks of rice that , +as to pick up from 8/s rice mill on a particular date. , did not( ho+e'er( appear on the agreed date to take deli'ery of the rice. After one +eek( 8 automatically rescinded the sale +ithout notarial notice to ,. Is the rescission 'alid? (A) ,es( automatic rescission is allo+ed since( ha'ing the character of mo'ables and consumables( rice can easily deteriorate. (B) *o( the buyer is entitled to a customary 315day e&tension of his obligation to take deli'ery of the goods. ( ) *o( since there +as no e&press agreement regarding automatic rescission. (") *o( the seller should first determine that , +as not )ustified in failing to appear. (#>) %he +ife filed a case of legal separation against her husband on the ground of se&ual infidelity +ithout pre'iously e&erting earnest efforts to come to a compromise +ith him. %he )udge dismissed the case for ha'ing been filed +ithout complying +ith a condition precedent. Is the dismissal proper? (A) *o( efforts at a compromise +ill only deepen the +ife/s anguish.

(B) *o( since legal separation like 'alidity of marriage is not sub)ect to compromise agreement for purposes of filing. ( ) ,es( to a'oid a family feud that is hurtful to e'eryone. (") ,es( since the dispute could ha'e been settled +ith the parties agreeing to legal separation. (!1) An Australian li'ing in the ?hilippines ac4uired shares of stock +orth ?11 million in food manufacturing companies. <e died in 9anila( lea'ing a legal +ife and a child in Australia and a li'e5 in partner +ith +hom he had t+o children in 9anila. <e also left a +ill( done according to ?hilippine la+s( lea'ing all his properties to his li'e5in partner and their children. What la+ +ill go'ern the 'alidity of the disposition in the +ill? (A) Australia la+ since his legal +ife and legitimate child are Australians and domiciled in Australia. (B) Australian la+ since the intrinsic 'alidity of the pro'isions of a +ill is go'erned by the decedent/s national la+. ( ) ?hilippine la+ since the decedent died in 9anila and he e&ecuted his +ill according to such la+. (") ?hilippine la+ since the decedent/s properties are in the ?hilippines. (!1) 8 bought a land from ,( paying him cash. 3ince they +ere friends( they did not e&ecute any document of sale. After 7 years( the heirs of 8 asked , to e&ecute a deed of absolute sale to formali=e the 'erbal sale to their father. .n+illing to do so( 8/s heirs filed an action for specific performance against ,. Will their action prosper? (A) *o( after more than ! years( the action to enforce the 'erbal agreement has already elapsed. (B) *o( since the sale cannot under the 3tatute of Brauds be enforced. ( ) ,es( since 8 bought the land and paid , for it. (") ,es( after full payment( the action became imprescriptible. (!$) A court declared ;icardo( an old bachelor( an absentee and appointed icero administrator of his property. After a year( it +as disco'ered that ;icardo had died abroad. What is the effect of the fact of his death on the administration of his property? (A) With ;icardo no longer an absentee but a deceased person( administrator of his properties. icero +ill cease to be

(B) %he administration shall be gi'en by the court ha'ing )urisdiction o'er the intestate proceedings to a ne+ administrator +hom it +ill appoint. ( ) icero automatically becomes administrator of ;icardo/s estate until )udicially relie'ed.

(") icero/s alienations of ;icardoEs property +ill be set aside. (!3) Baldo( a re)ected suitor( intimidated Cudy into marrying him. While she +anted to 4uestion the 'alidity of their marriage t+o years after the intimidation ceased( Cudy decided in the meantime to freely cohabit +ith Baldo. After more than # years follo+ing their +edding( Cudy +ants to file a case for annulment of marriage against Baldo on ground of lack of consent. Will her action prosper? (A) ,es( the action for annulment is imprescriptible. (B) *o( since the marriage +as merely 'oidable and Cudy ratified it by freely cohabiting +ith Baldo after the force and intimidation had ceased . ( ) *o( since the action prescribed # years from the date of the celebration of the marriage. (") ,es( because the marriage +as celebrated +ithout CudyEs consent freely gi'en. (!-) Is the +ife +ho lea'es her husband +ithout )ust cause entitled to support? (A) *o( because the +ife must al+ays be submissi'e and respectful to the husband. (B) ,es. %he marriage not ha'ing been dissol'ed( the husband continues to ha'e an obligation to support his +ife. ( ) *o( because in lea'ing the con)ugal home +ithout )ust cause( she forfeits her right to support. (") ,es( since the right to recei'e support is not sub)ect to any condition. (!#) In the order of intestate succession +here the decedent is legitimate( +ho is the last intestate heirs or heir +ho +ill inherit if all heirs in the higher le'el are dis4ualified or unable to inherit? (A) *ephe+s and nieces. (B) Brothers and sisters. ( ) 3tate. (") Ather collateral relati'es up to the #th degree of consanguinity. (!!) ;oy and arlos both undertook a contract to deli'er to 3am in 9anila a boat docked in 3ubic. Before they could deli'er it( ho+e'er( the boat sank in a storm. %he contract pro'ides that fortuitous e'ent shall not e&empt ;oy and arlos from their obligation. A+ing to the loss of the motor boat( such obligation is deemed con'erted into one of indemnity for damages. Is the liability of ;oy and arlos )oint or solidary? (A) *either solidary nor )oint since they cannot +ai'e the defense of fortuitous e'ent to +hich they are entitled. (B) 3olidary or )oint upon the discretion of 3am.

( ) 3olidary since ;oy and

arlos failed to perform their obligation to deli'er the motor boat.

(") Coint since the con'ersion of their liability to one of indemnity for damages made it )oint. (!7) Coanne married Cames( a person +ith no kno+n relati'es. %hrough CamesE hard +ork( he and his +ife Coane prospered. When Cames died( his estate alone amounted to ?111 million. If( in his +ill( Cames designates Coanne as his only heir( +hat +ill be the free portion of his estate. (A) Coanne gets allK estate has no free portion left. (B) Coanne gets 1I$K the other half is free portion. ( ) Coanne gets 1I3K the remaining $I3 is free portion. (") Coanne gets 1I-K the remaining 3I- is free portion. (!:) A +arranty inherent in a contract of sale( +hether or not mentioned in it( is kno+n as the (A) +arranty on 4uality. (B) +arranty against hidden defects. ( ) +arranty against e'iction. (") +arranty in merchantability. (!>) %he doctrine of stare decisis prescribes adherence to precedents in order to promote the stability of the la+. But the doctrine can be abandoned (A) When adherence to it +ould result in the Go'ernment/s loss of its case. (B) When the application of the doctrine +ould cause great pre)udice to a foreign national. ( ) When necessary to promote the passage of a ne+ la+. (") When the precedent has ceased to be beneficial and useful. (71) ;ic and Cosie( Bilipinos( ha'e been s+eethearts for # years. While +orking in a @uropean country +here the e&ecution of )oint +ills are allo+ed( the t+o of them e&ecuted a )oint holographic +ill +here they named each other as sole heir of the other in case either of them dies. .nfortunately( ;ic died a year later. an Cosie ha'e the )oint +ill successfully probated in the ?hilippines? (A) ,es( in the highest interest of comity of nations and to honor the +ishes of the deceased. (B) *o( since ?hilippine la+ prohibits the e&ecution of )oint +ills and such la+ is binding on ;ic and Cosie e'en abroad. ( ) ,es( since they e&ecuted their )oint +ill out of mutual lo'e and care( 'alues that the generally accepted principles of international la+ accepts.

(") ,es( since it is 'alid in the country +here it +as e&ecuted( applying the principle of 6le& loci celebrationis.6 (71) 90 inherited from his father ?# million in legitime but he +ai'ed it in a public instrument in fa'or of his sister L, +ho accepted the +ai'er in +riting. But as it happened( 90 borro+ed ?! million from ?B before the +ai'er. ?B ob)ected to the +ai'er and filed an action for its rescission on the ground that he had the right to 90/s ?# million legitime as partial settlement of +hat 90 o+ed him since 90 has pro'ed to be insol'ent. "oes ?B( as creditor( ha'e the right to rescind the +ai'er? (A) *o( because the +ai'er in fa'or of his sister L, amounts to a donation and she already accepted it. (B) ,es( because the +ai'er is pre)udicial to the interest of a third person +hose interest is recogni=ed by la+. ( ) *o( ?B must +ait for 90 to become sol'ent and( thereafter( sue him for the unpaid loan. (") ,es( because a legitime cannot be +ai'ed in fa'or of a specific heirK it must be di'ided among all the other heirs. (7$) While engaged to be married( Arnold and Cosephine agreed in a public instrument to adopt out the economic regime of absolute community of property. Arnold ackno+ledged in the same instrument that Cosephine/s daughter 9ary( is his illegitimate child. But Cosephine died before the marriage could take place. "oes the marriage settlement ha'e any significance? (A) *one( since the instrument containing the marriage settlement is essentially 'oid for containing an unrelated matter. (B) ,es( insofar as Arnold ackno+ledged 9ary as his illegitimate child. ( ) *one( since the marriage did not take place. (") ,es( if they ac4uired properties +hile li'ing together as husband and +ife. (73) Coseph( a 175year old Bilipino( married Cenny( a $15year old American in Illinois( .3A( +here the marriage +as 'alid. %heir parents ga'e full consent to the marriage of their children. After three years( Coseph filed a petition in the .3A to promptly di'orce Cenny and this +as granted. When Coseph turned $# years( he returned to the ?hilippines and married 0eonora. What is the status of this second marriage? (A) Doid( because he did not cause the )udicial issuance of declaration of the nullity of his first marriage to Cenny before marrying 0eonora. (B) Dalid( because CosephEs marriage to Cenny is 'oid( he being only 17 years of age +hen he married her. ( ) Dalid( because his marriage to 0eonora has all the elements of a 'alid marriage. (") Doid( because Coseph is still considered married to Cenny since the ?hilippines does not recogni=e di'orce.

(7-) % died intestate( lea'ing an estate of ?>(111(111. <e left as heirs three legitimate children( namely( A( B( and . A has t+o children( " and @. Before he died( A irre'ocably repudiated his inheritance from % in a public instrument filed +ith the court. <o+ much( if any( +ill " and @( as A/s children( get from %/s estate? (A) @ach of " and @ +ill get ?1(#11(111 by right of representation since their father repudiated his inheritance. (B) @ach of " and @ +ill get ?$($$#(111 because they +ill inherit from the estate e4ually +ith B and . ( ) " and @ +ill get none because of the repudiationK 6B6 and 6 6 +ill get A/s share by right of accretion. (") @ach of " and @ +ill get ?$(111(111 because the la+ gi'es them some ad'antage due to the demise of 6A6. (7#) *o decree of legal separation can be issued (A) unless the children/s +elfare is attended to first. (B) +ithout prior efforts at reconciliation sho+n to be futile. ( ) unless the court first directs mediation of the parties. (") +ithout prior in'estigation conducted by a public prosecutor. (7!) 8( +ho +as abroad( phoned his brother( ,( authori=ing him to sell 8/s parcel of land in ?asay. 8 sent the title to , by courier ser'ice. Acting for his brother( , e&ecuted a notari=ed deed of absolute sale of the land to F after recei'ing payment. What is the status of the sale? (A) Dalid( since a notari=ed deed of absolute sale co'ered the transaction and full payment +as made. (B) Doid( since 8 should ha'e authori=ed agent , in +riting to sell the land. ( ) Dalid( since , +as truly his brother 8/s agent and entrusted +ith the title needed to effect the sale. (") Dalid( since the buyer could file an action to compel 8 to e&ecute a deed of sale. (77) In a true pacto de retro sale( the title and o+nership of the property sold are immediately 'ested in the 'endee a retro sub)ect only to the resolutory condition of repurchase by the 'endor a retro +ithin the stipulated period. %his is kno+n as (A) e4uitable mortgage. (B) con'entional redemption. ( ) legal redemption.

(") e4uity of redemption. (7:) A natural obligation under the *e+ i'il ode of the ?hilippines is one +hich

(A) the obligor has a moral obligation to do( other+ise entitling the obligee to damages. (B) refers to an obligation in +riting to do or not to do. ( ) the obligee may enforce through the court if 'iolated by the obligor. (") cannot be )udicially enforced but authori=es the obligee to retain the obligor/s payment or performance. (7>) %he husband assumed sole administration of the family/s mango plantation since his +ife +orked abroad. 3ubse4uently( +ithout his +ife/s kno+ledge( the husband entered into an antichretic transaction +ith a company( gi'ing it possession and management of the plantation +ith po+er to har'est and sell the fruits and to apply the proceeds to the payment of a loan he got. What is the standing of the contract? (A) It is 'oid in the absence of the +ife/s consent. (B) It is 'oid absent an authori=ation from the court. ( ) %he transaction is 'oid and can neither be ratified by the +ife nor authori=ed by the court. (") It is considered a continuing offer by the parties( perfected only upon the +ife/s acceptance or the court/s authori=ation. (:1) When the donor gi'es donations +ithout reser'ing sufficient funds for his support or for the support of his dependents( his donations are (A) ;escissible( since it results in economic lesion of more than $#2 of the 'alue of his properties. (B) Doidable( since his consent to the donation is 'itiated by mindless kindness. ( ) Doid( since it amounts to +anton e&penditure beyond his means. (") ;educible to the e&tent that the donations impaired the support due to himself and his dependents. (:1) Anne o+ed Bessy ?1 million due on Actober 1( $111 but failed to pay her on due date. Bessy sent a demand letter to Anne gi'ing her # days from receipt +ithin +hich to pay. %+o days after receipt of the letter( Anne personally offered to pay Bessy in managerEs check but the latter refused to accept the same. %he # days lapsed. 9ay Anne/s obligation be considered e&tinguished? (A) ,es( since Bessy/s refusal of the manager/s check( +hich is presumed funded( amounts to a satisfaction of the obligation.

(B) *o( since tender of payment e'en in cash( if refused( +ill not discharge the obligation +ithout proper consignation in court. ( ) ,es( since Anne tendered payment of the full amount due. (") *o( since a manager/s check is not considered legal tender in the ?hilippines. (:$) %he residents of a subdi'ision ha'e been using an open strip of land as passage to the high+ay for o'er 31 years. %he o+ner of that land decided( ho+e'er( to close it in preparation for building his house on it. %he residents protested( claiming that they became o+ners of the land through ac4uisiti'e prescription( ha'ing been in possession of the same in the concept of o+ners( publicly( peacefully( and continuously for more than 31 years. Is this claim correct? (A) *o( the residents ha'e not been in continuous possession of the land since they merely passed through it in going to the high+ay. (B) *o( the o+ner did not abandon his right to the propertyK he merely tolerated his neighbors/ use of it for passage. ( ) ,es( residents of the subdi'ision ha'e become o+ners by ac4uisiti'e prescription. (") ,es( community o+nership by prescription pre'ails o'er pri'ate claims. (:3) %he o+ner of a thing cannot use it in a +ay that +ill in)ure the right of a third person. %hus( e'ery building or land is sub)ect to the easement +hich prohibits its proprietor or possessor from committing nuisance like noise( )arring( offensi'e odor( and smoke. %his principle is kno+n as (A) Cus 'indicandi. (B) 3ic utere tuo ut alienum non laedas. ( ) Cus dispondendi. (") Cus abutendi. (:-) Canice and Cennifer are sisters. Canice sued Cennifer and 0aura( Cennifer/s business partner for reco'ery of property +ith damages. %he complaint did not allege that Canice e&erted earnest efforts to come to a compromise +ith the defendants and that such efforts failed. %he )udge dismissed the complaint outright for failure to comply +ith a condition precedent. Is the dismissal in order? (A) *o( since 0aura is a stranger to the sisters( Canice has no moral obligation to settle +ith her. (B) ,es( since court should promote amicable settlement among relati'es. ( ) ,es( since members of the same family( as parties to the suit( are re4uired to e&ert earnest efforts to settle their disputes before coming to court. (") *o( the family council( +hich +ould ordinarily mediate the dispute( has been eliminated under the Bamily ode.

(:#) 8 borro+ed money from a bank( secured by a mortgage on the land of ,( his close friend. When the loan matured( , offered to pay the bank but it refused since , +as not the borro+er. Is the bank/s action correct? (A) ,es( since 8( the true borro+er( did not gi'e his consent to ,/s offer to pay. (B) *o( since anybody can discharge 8/s obligation to his benefit. ( ) *o( since ,( the o+ner of the collateral( has an interest in the payment of the obligation. (") ,es( since it +as 8 +ho has an obligation to the bank. (:!) %he right of a mortgagor in a )udicial foreclosure to redeem the mortgaged property after his default in the performance of the conditions of the mortgage but before the sale of the mortgaged property or confirmation of the sale by the court( is kno+n as (A) accion publiciana. (B) e4uity of redemption. ( ) pacto de retro. (") right of redemption. (:7) When does the regime of con)ugal partnership of gains begin to e&ist? (A) At the moment the parties take and declare each other as husband and +ife before officiating officer. (B) At the time the spouses ac4uire properties through )oint efforts. ( ) An the date the future spouses e&ecuted their marriage settlements because this is the starting point of their marital relationship. (") An the date agreed upon by the future spouses in their marriage settlements since their agreement is the la+ bet+een them. (::) Cosie( 1:( married "ante( $#( +ithout her parents/ kno+ledge and consent( and li'ed +ith him. After a year( Cosie returned to her parents/ home( complained of the unbearable battering she +as getting from "ante( and e&pressed a desire to ha'e her marriage +ith him annulled. Who may bring the action? (A) "ante. (B) <er parents. ( ) Cosie herself. (") %he 3tate.

(:>) 8( a married man( cohabited +ith ,( an unmarried +oman. %heir relation bore them BB( a baby boy. 3ubse4uently( after 8 became a +ido+er( he married ,. Was BB legitimated by that marriage? (A) ,es( since his parents are no+ la+fully married. (B) ,es( since he is an innocent party and the marriage rectified the +rong done him. ( ) *o( since once illegitimate( a child shall al+ays remain illegitimate. (") *o( since his parents +ere not 4ualified to marry each other +hen he +as concei'ed. (>1) %he presence of a 'ice of consent 'itiates the consent of a party in a contract and this renders the contract (A) ;escissible. (B) .nenforceable. ( ) Doidable. (") Doid. (>1) an common5la+ spouses donate properties of substantial 'alue to one another? (A) *o( they are only allo+ed to gi'e moderate gifts to each other during family re)oicing. (B) *o( they cannot gi'e anything of 'alue to each other to pre'ent placing their legitimate relati'es at a disad'antage. ( ) ,es( unlike the case of legally married spouses( such donations are not prohibited. (") ,es( as long as they lea'e sufficient property for themsel'es and for their dependents. (>$) 8 o+ed , ?1.# million. In his +ill( 8 ga'e , legacy of ?1 million but the +ill pro'ided that this legacy is to be set off against the ?1.# million 8 o+ed ,. After the set off( 8 still o+ed , ?#11(111. an , still collect this amount? (A) ,es( because the designation of , as legatee created a ne+ and separate )uridical relationship bet+een them( that of testator5legatee. (B) It depends upon the discretion of the probate court if a claim is filed in the testate proceedings. ( ) *o( because the intention of the testator in gi'ing the legacy is to abrogate his entire obligation to ,. (") *o( because 8 had no instruction in his +ill to deli'er more than the legacy of ?1 million to ,.

(>3) Cosie o+ned a lot +orth ?# million prior to her marriage to ;ey. 3ubse4uently( their con)ugal partnership spent ?3 million for the construction of a house on the lot. %he construction resulted in an increase in the 'alue of the house and lot to ?> million. Who o+ns the house and the lot? (A) Cosie and the con)ugal partnership of gains +ill o+n both on a #15#1 basis. (B) Cosie +ill o+n both since the 'alue of the house and the increase in the property/s 'alue is less than her lot/s 'alueK but she is to reimburse con)ugal partnership e&penses. ( ) Cosie still o+ns the lot( it being her e&clusi'e property( but the house belongs to the con)ugal partnership. (") %he house and lot shall both belong to the con)ugal partnership( +ith Cosie entitled to reimbursement for the 'alue of the lot. (>-) An action for recon'eyance of a registered piece of land may be brought against the o+ner appearing on the title based on a claim that the latter merely holds such title in trust for the plaintiff. %he action prescribes( ho+e'er( +ithin 11 years from the registration of the deed or the date of the issuance of the certificate of title of the property as long as the trust had not been repudiated. What is the e&ception to this 115year prescripti'e period? (A) When the plaintiff had no notice of the deed or the issuance of the certificate of title. (B) When the title holder concealed the matter from the plaintiff. ( ) When fortuitous circumstances pre'ented the plaintiff from filing the case sooner. (") When the plaintiff is in possession of the property. (>#) onrad and 0inda( both $1 years old( applied for a marriage license( making it appear that they +ere o'er $#. %hey married +ithout their parents/ kno+ledge before an unsuspecting )udge. After the couple has been in cohabitation for ! years( 0inda/s parents filed an action to annul the marriage on ground of lack of parental consent. Will the case prosper? (A) *o( since only the couple can 4uestion the 'alidity of their marriage after they became $1 of ageK their cohabitation also con'alidated the marriage. (B) *o( since 0inda/s parents made no allegations that earnest efforts ha'e been made to come to a compromise +ith onrad and 0inda and +hich efforts failed. ( ) ,es( since the marriage is 'oidable( the couple being belo+ $1 years of age +hen they married. (") ,es( since 0inda/s parents ne'er ga'e their consent to the marriage. (>!) ?epito e&ecuted a +ill that he and 3 attesting +itnesses signed follo+ing the formalities of la+( e&cept that the *otary ?ublic failed to come. %+o days later( the *otary ?ublic notari=ed the +ill in his la+ office +here all signatories to the +ill ackno+ledged that the testator signed the +ill in the presence of the +itnesses and that the latter themsel'es signed the +ill in the presence of the testator and of one another. Was the +ill 'alidly notari=ed?

(A) *o( since it +as not notari=ed on the occasion +hen the signatories affi&ed their signatures on the +ill. (B) ,es( since the *otary ?ublic has to be present only +hen the signatories ackno+ledged the acts re4uired of them in relation to the +ill. ( ) ,es( but the defect in the mere notari=ation of the +ill is not fatal to its e&ecution. (") *o( since the notary public did not re4uire the signatories to sign their respecti'e attestations again. (>7) Denecio and @ster li'ed as common5la+ spouses since both ha'e been married to other persons from +hom they had been separated in fact for se'eral years. <ard+orking and bright( each earned incomes from their respecti'e professions and enterprises. What is the nature of their incomes? (A) on)ugal since they earned the same +hile li'ing as husband and +ife. (B) 3eparate since their property relations +ith their legal spouses are still subsisting. ( ) o5o+nership since they agreed to +ork for their mutual benefit. (") ommunal since they earned the same as common5la+ spouses. (>:) What is the prescripti'e period for filing an action for re'ocation of a donation based on acts of ingratitude of the donee? (A) # years from the perfection of the donation. (B) 1 year from the perfection of the donation. ( ) - years from the perfection of the donation. (") 3uch action does not prescribe. (>>) Before Jaren married Jarl( she inherited ?# million from her deceased mother +hich amount she brought into the marriage. 3he later used part of the money to buy a ne+ 9ercedes Ben= in her name( +hich Jaren and her husband used as a family car. Is the car a con)ugal or Jaren/s e&clusi'e property? (A) It is con)ugal property since the spouses use it as a family car. (B) It is Jaren/s e&clusi'e property since it is in her name. ( ) It is con)ugal property ha'ing been bought during the marriage. (") It is Jaren/s e&clusi'e property since she bought it +ith her o+n money.

(111) Because of 8/s gross negligence( , suffered in)uries that resulted in the abortion of the foetus she carried. , sued 8 for( among other damages( ?1 million for the death of a family member. Is , entitled to indemnity for the death of the foetus she carried? (A) ,es( since the foetus is already regarded as a child from conception( though unborn. (B) *o( since 8/s +ould not ha'e kno+n that the accident +ould result in ,/s abortion. ( ) *o( since birth determines personality( the accident did not result in the death of a person. (") ,es( since the mother belie'ed in her heart that she lost a child.