2

5
yes, e is legally bound to pay the balance
the law on sales provides that ownership is transferred to the vendee upon
delivery of the object of sale
here, the car was already delivered to E when it was stolen from the latters
garage. thus E is legally bound to pay the balance.
6
a
bs sublease to c is valid.
the law provides that lessee may sublet the property leased, in whoel or in
part when the contract contain no express prohibition.
here, lease contract contains no express prohibition. thus, the action for
rescission of the contract will not prosper.
b
Cs assignement to D is not valid
the law states that the lessee cannot assign the lease without the consent of
the lssoer unless there is a stipulation to the contrary
here, the contract states no stipulation regarding assignment of lease. thus,
Cs assignment is valid and the action for rescsiion wil prosper
7
yes, minority can be a ground to nullify the partition
the law provides that contracts entered into by person incapable of giving
consent are voidable .
here, DEF, all minors, signed the contract without the presence of Z. thus,
there is no proper representation when the partition was executed and this
can annulled within 4 years from the time guardianship ceases.
b.
contracts entered into fraudulently renders it voidable
the law provides that contracts are voidbale when vices of consent such as
fraud is present. thus, the contract may be annulled within 4 years from the
kwnoledge of fraud.
8
x and Y are the legitimate children of B and C.
they have the following irghts
(1) To bear the surnames of the father and the mother, in conformity with the provisions of
the Civil Code on Surnames;
(2) To receive support from their parents, their ascendants, and in proper cases, their
brothers and sisters, in conformity with the provisions of this Code on Support; and
(3) To be entitled to the legitimate and other successional rights granted to them by the Civil
Code

on the other hand, E is a legitimated child of B and G, and F an illegitimate

child. E, bing born and conceived outside wedlock provided that her parents
has no legal impediment to marry is considered legitimate. E has the same
rights as x and y.

however, F shas the right to use the surname and shall be under the parental authority of their
mother, and shall be entitled to support in conformity with this Code. The legitime of each illegitimate
child shall consist of one-half of the legitime of a legitimate child.

9
a
yes, the will should be admitted for probate proceedings.
b.
the devise given to X is void.
the law on donations provides that donations made to persons guilty of
adultery or concubinage is void. this prohibition also applies to testamentary
succession.
here, H and X were living as husband and wife during the subsistence of H
and Ws marriage. thus, the devise given to X is within the purview of such
prohibition
c.
yes, it is proper for the trial court to consider the intrinsic validty of the will.
as a general rule, the court is only authorized to pass upon the extrinsic
validty of the will sought to be probated. however, in cases where there is
only one disposition, the court may look into the intrinsic validty of the will.
here, the will only contains the disposition of the free portion in favor of X
because the legitimes are provided by law. thus, the court may inquire into
the intrinsic validty of the will.
10.
a.
I will advise H that he can marry as soon as he complied with the following
requirements stated in the family code where there is a final judgment of
annulment
a) partition and distribute the properties of spouses
b) delivery of the childrens presumptive legitime which shall be recorded in
the civil registry and the ROD
b.
the family code provides that children born or conceived before the judgment
of annulment of marriage has become final shall be considered legitimate.
c.
children conceived or born before the judgment of annulment of marriage of
H and W has become final shall be considered legitimate. while, the children

born or conceived within the subsequent marriage of H and S shall still be

considered LC regardless of the nullity of such marriage.
the legitimate children has the following rights
(1) To bear the surnames of the father and the mother, in conformity with the provisions of
the Civil Code on Surnames;
(2) To receive support from their parents, their ascendants, and in proper cases, their
brothers and sisters, in conformity with the provisions of this Code on Support; and
(3) To be entitled to the legitimate and other successional rights granted to them by the Civil
Code

11
a.
if the will of a Filipino testator is executed in the Philippines, the Philippine
law shall govern. on the other hand, if the will is executed in another country,
either the Philippine law or the law of such country shall govern.
b.
if the Japanese testator executed his will in the Philippines, either the Ph law
or his national law shall govern. on the other hand, either his national law or
the law of the country where the will is executed shall govern.
12
13
I will advise the parents of G that it must be G, herself, who must file for
annulment of marriage.
the family code provides that a marriage solemnized without parental
consent may be annulled by one of the contracting parties within five years
after attaining 21 yrs old or by her parent, guardian, or person having legal
charge if such party is less than 21 years old.
here, G was already 22 years old at time her parents sought for the
annulment of her marriage.
thus, Gs parents have no right to file such complaint.
14
a.
yes, there is sufficient observance or compliance with the requirement for a
valid publication.
the civil code provides that the law shall take effect 15 days following the
completion of its publication in the OG or in the newspaper of GC.
here, the effectivity clause of the law provides that it shall take effect upon
approval and upon completion of its publication in the OG or in the
newspaper of GC.

thus, the publication requirement was observed.

b.
the law took effect on july 10, 1990.
decisions by the SC states that the phrase unless otherwise provided in Art
2 of the NCC means that the 15-day period after the completion of
publication for the law to take effect may be shortened or lengthened.
here, the effectivity clause provides that the enactment shall take effect upon
approval and after completion of publication in OG and in NGC.
thus, upon publication of the law in OG in such date, the law took effect.
c.
no, the executive branch cannot start releasing and disbursing funds the day
after its approval.
the civil code provides that the law shall take effect 15 days following the
completion of its publication in the OG or in the newspaper of GC unless
otherwise provided.
here, although congress has approved the law on july 1, 1990 and by the
president on July 3, 1990, the requirements of publication was completed on
july 10, 1990.
thus, the day after its approval, the law is still ineffective.
1991 bar exam
1.
a. art 2 and art 15
b.
2.