CIVIL

CIVIL
LAWLAW
Answers
Answers
to thetoBAR
the BAR
as Arranged
as Arranged
by Topics
by Topics
(Year(Year
1990-2006)
1990-2006)
Trust;
then
constitutes
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1)
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2)
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lots the
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Jojo
whereby
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Article
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mortgage.
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upon
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sale
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place
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ALTERNATIVE release
at
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bar not?
by
damages.
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to
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involves
Joey
play
registering
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payment
build
to jail.
and contribute
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an
for
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name prosper?
failed
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which
and thisto interestvolumes
family
because
Bangko
Marvin needed
19,1997) Sentral
thereof,
willthe
of be school
claim thengand
liable textbooks.
money
is
Pilipinas.
(b)
unliquidated.
for such forofsupport.
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damages for was as sheof
breach
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does
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within
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a2 validnot
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subdivision.
prescribe
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they
for
note
each is
collection?
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house,
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contract
aware beofable
ALTERNATIVE of option.
said proveWith
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ANSWER
ANSWER: (2): ascontract. the payment
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In 1983 Mrs. ZY
Suspensive
(1995)
PHILCREDIT detainer
cannot file
action
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suit
will to prosper.
loans recover
vs. to Itwhat
ais
Rivett- a
CONTRACTS
SUGGESTED
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finance
(3%)
labor
latter's andrepudiated ANSWER:
company
materials
consent. The included,
sued
idea the was them
trustee
was
to P100,000.00.
for
circumvent (Diaz specific vs. (c)
SECOND
1,000 The
consideration
her, third
ALTERNATIVE
volumes,
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for
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Printado ANSWER:
includeof
option Yalsois untenable.
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to performY is
with the
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1. depends.
Joey
rescission
of
was cancer
creditor
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performance.
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subdivision
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ANSWER:
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261). to
brought
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made
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her
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Define
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surety
consent sale
husband
deed fact
of
under its printing to
(1991)
of ofin
the another
the
sale
(1998)
compensation
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a person
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ring
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to
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him.
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at by all?
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there
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consisting
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sues from which
that
buyer
present,
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Miguel,
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damages a
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caused
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perfected
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dueis Million
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rate
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of theoption
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chance
ofcost towas
trust No. it
of
Extinguishment;
executed
was
remission an impliedof by Lolita's Cause parentsof is valid and
(1998)
Salvador
payment.
at
Juan due
SUGGESTED
about
could
constructed and date,
Sweet
no The
hiswho aJojo's
ANSWER:
longer thesister
Taste?
housecondonation
obligation share
defendant
failed
continue IsJuana
onit Lot by
is
to
liable
with the
isof
demandable
inherited
1 tocreditor.
comply
the
with the
liable Lady
job
an balance
for from
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due if(Art.
with
the
extension the that
totheir
loss his and between
may
double.
building
from
SUGGESTED
created.
deliveries recover
apayment.
machineries
with
137290, bad Manuel
Since
on
judicial the
ANSWER:
July
faithunder thehis
lot
[2%]
imported
demand
31,
(Imperial and
theircontract
loss
while
2000) Eva
order from
the
and
against
vs. is
Undera the
itself
sellermere authorizes
directly
the
agreement.
CA, would promise
winner,
surety.
Article
259 SCRA paid
At1170 A the
with
the tobyof
Roland
Action
TX filed (2004)
isnot bound by the contract he entered
binding,
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1219,
conditional
son
of
mother
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on the
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year
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Printado of
hein
the
knew of extinguishing
amortgage.
paid
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an
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cash right
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performance
for
of the payable
damages amount
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is ortoin
of
2.
into Jojo
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majeure.
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act
fileFor Lolita's
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civil cannot
rentals
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lot. Theland
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installments
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building
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a lot
are the
eventually
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hethere
peso,
of ten can
since
offinished is
the
file
(10)Y their aof
doubling
the
incurred
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price
butown
years suit. on
derivatives
Walter who and
had the
suffered concomitant serious worldwide
business ownership
for breach over
of contract
the with
he was respect buying, to Juana
Kinds
Conditional
Non-Payment
P50.000
amounting
the
spiraling
losses
same,
ALTERNATIVE
stifling
condonation
certificates Star of
Art.
ofunder
demanded of Real
ofObligations;
1217.
ANSWER:
to
pricesthe
may the
P150,000. of
Contracts
that
par.
criminal
Semiconductor
title be of
all
3,
principles
inferred.
covering Civil Amortizations;
During
prosecution.
commodities,
Maureen
Code
ofthe
The
both(1998)
Company.
remove
provides.
obligatoriness
pendency
condonation
lots thewere
including The can persons
stipulated
X.
Mrs.
of
a
the the
solidary
thereof,
printing ZY
seller
basis
seek who
monthly inin
cannot
as inthis
the
obligation
failed
of
agreement.
(c) the their
rent
to
reconvenyance contract
recover
value is own
with
complete
case,
In reasonable
as
thereof
the right
for
when
suitathe
the
of are
spousecontract
computed
her
filed and
passageway
Marvin reciprocally
one-half
by iswho did
Suplico,to
at has be
the
not
The
Promise
Subdivision
In
"When
of
beingtwo
contracts.
the
company,
placed action
separate
one
case,
implied,
in (1997)
of
Juan's BD
however, will
Buyer;
the documents
Obligations
it
name not
solidary
offered needis When and
alone.
not prosper
debtors
arising
not TX justified
signed
opting Incomply from
accepted
1996, because
tobyrescind
cannot, (2005)
him,
contracts
with
Juan the Juanthe
the
sold debtors
considered
interest
therefore and
in a thea creditors
valid sale
absolute
act and of
under each
there
community
the other
was
very (Tolentino,
delivery
terms
property of oror
basic
extension raw materials
house since requiredthe lot for
on the
which the as
(Arts.
rate
give
share some
Printado of1207,
Carlos
instead of
exchange the
1216.
counters the but squatters,
1252 of
agreed
she
that: theand
must(a) who
2047
U.S.
period Suplico
implead were
Civil
dollar of ten already
Code;
vis-à-vis
cannot
the days,Bicol
buyer the
are
consideration
Bernie
Valentino
SUGGESTED
because
have
full amount
formalities
contract
to an the bought
of
innocent"obligated"
butANSWER:
force his
due
of for
aof
has ason the
insolvency,
law rentals
donation
purchaser
chosen promissory
installment
himself
between reimburse
from
to
to each
one the
be BD,
waive note
atowho
parties.
effective.
parcel Maria
his was
residential
share
then
Salvador's in the
The
its SUGGESTED
Savings
1991
tradition
ALTERNATIVE
conjugal
the and
ed.,
contract. of ANSWER:
Loan
p.
the
ANSWER:
partnership 365,
Brian's Associates
thing citing
sold.
refusal
of vs.
gains, 2to Guinhawa
Castan
pay because is thus 188
560 SCRA
under
a and
construction ofconsensual
the houses. his The cost of known
Philippine
liable to be
for payment
damages. there
pesoisat at the
theallege time time of they
payment. entered
Distinguish
extension
Yes,
ALTERNATIVE
subdivision
and
to
filedthe toRoland
non-prosecution
a Perla,
debtor
motion
was is
ANSWER:
lot
thus
built
liable
paying
to of
from- 'To
dismiss
was
the under
the criminal
DEVLAND.
Maria, from
property.
the
obligation,
the mywhich
ejectment truereal
contract
case After
such
In 1992,
for
love,suit asIon
estafa.
having
share far as demand
(b)
642) co-defendant
No,
Extinguishment;
My answer
RIVETT-STROM she will and
not
made
for
not be deliveries
entitled
theto753).
payments
his
same bad
made
toon faith
Itif the
under
Carlos
involves
both
in paid
rentals the
defense
compliance
entirety
development
Maureen of
without
sued fullwithhadpayment
for the
the
risen
the knowledge
towill,
condition
reconveyance therefore,
unanticipated and consent
to itbe
her canvalid.
levels of of Francia
do purchasing
Art.
ground
into
their 117(7}
the
Liability; order vs.
for
contract,IAC.
ejectment.
ofentire
agreement
the
Solidary
162
the
refused SCRA
Family
lot.
until
Obligation; Finally, Code,
vacate
Suplico lossesloans
the
consistent
Mutual has are
The
contracts
as
This
When,
1.
faithfully
obligate
shall
the action
Lady cannot
What
be
ground Love
however,
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and
rights
paid
myself that be rescission
is
the
by to
the name
ofallconcerned.
done
the action,
installments
give his
action you at will
anymore
notation least
ifmy
co-debtors,
is any,not
Hewas
one
already for prosper.
four
doesis
because
48
and
in liable
written (4) the
Juana
months,
only The
for
the collected
Loss
by simultaneous
Dino
Marvin
which (1994)
suedif byBen
P10,000.00
based Manuelfor prior
balancing
on damages
the because
becauserate of of because
an
two atoption
exchange the
obligationstime
the contract
in they
latter
1983 in
under
Juana,
and Art.
2toassertingand
such 1545, wrongfully
a degree NCC. a that kept
the of for
conditions himself and borne
premises.
with
completed the exclusively
In
ruling fact,
performance by
to its the
execution, loser-spouse. the
Lot
buyer
damages
information
Arturo
kinds
SUGGESTED
have
Bernie
horse
proportion has
himself.
of
against not
under
real Ihas
ANSWER:
discovered
when topaid.and/or
feel
the
that
committed
It Article
already
merely
contracts
like
debt thatthe
resulting
of1170
It." - any
been
proves
buyer?
DEVLAND
and
each." under
trust
breach,
filed the
his
|3%]
-'To in
had
was
Civil
intention
the
Perla, let
courtfailedmyalone
Code and in
to orderGuaranty
A,B,C,D,
accrued
had
was failed
perfected. and
and (2003)
to Ein
were
deliver made Imperial
Thus, collected,
the under
themselves us. CA.
antique
ifthe Marvin Evasaid Juana
Marcedes contract;
solidarity
was
withdrew mayyet
not the
extinguished.
entire
factors price
which Is
formed BD’s contention
the original correct?
basis ofdoes Why
the
ADDITIONAL
would
Therefore,
seller tohave
filed extinguish
ANSWER:
fully
these
ejectment settled them
cannot cases to be the
loans.
against extent
charged the in which
against
created
BD's
a
to substantial
since
Sincedo
making
2.
develop
true Since
SUGGESTED
or why
present
he
itthe when
contention
is
sweetheart,that
not?thethe
ANSWER:
law.
she
orisIThat
contravened
illegal.
insolventpayment
two
subdivision
Reason. [3%]
had
notdebtor's
serious
lots
obligate
the
correct.
the
have
(5%) but lot
inone, theinregistered
the TX
consideration
share
accordance
myself no to
same can
tenor
to warrant
way still
which
payarea, in
of
withfor
you the
Joeyhis
theit seek (b)
indebted
FIRST
the
1.
Benz
offer
the
absolute
Suplico
instead
ALTERNATIVE
owner
Juana car
prior
amount
squatters.
toof
can
Dino should
X (d)
to
of for
the
file
community
The had a
the
one
buyer
thedeclaration
pay
ANSWER:
anproperty.
action
purchased damages
amount
expiration
is
now covered for of
property
sues
that
damages
fromthe
forshe
P50,000.00.
of
byor
breach
Ben,
the
that
seller
isagainst
now
which
10-day
of
conjugal
for
of
the
contract
Walter's
maintain
rescission/resolution
obligation.
Yes,
paid
promissory the had
name
the
Able
wasfather been
suit
Not
P100,000,
note even for totally
being
Construction.
isyou if she
ejectment.
sought achanged.
paid by the
The
contracting
Inc. is the Able
purchase
entitledvendor. party,
to On Assuming
the
contract;
When sole X owner
andthat
demanded (c) ofEva with
the is
payment the
entire
Publico one
remaining
should
from entitled
A, be
the lot to
liable
on
latter buy
bind
suppose
approved
the his
P500.00 Juana plans I owe flies
(Yam and athe and
complaint
v. CA,stifling
specifications
when there
G.RI feel ofare
to
No. likethe
have104726.only
within
it." criminal
herself two
11
the Juan
was—by
period,
PHILCREDIT
other. for
partnership (Dehaving
agreement—due
he contends
Leon,
ofbreach fraudulently
breached
gains. 1992 that
This the for
ed.,the
beingsolddelivery
option one
payments
p. so, 221, of
Mrs. on the
contract.
on
citing
ZY two 8
brought
price. Waltersuit against
opposed -Tropical Homes praying specific
the
for house
Printado’s
theory performance
and
that lot,
Juan she
has with
of his damages.
isdelivery
forfeited not
contract entitled
his The
with
one-half to Bhas the
acceptance
Sweet
the
remaining
declared
February
time
Months
SUGGESTED contrary,
relief
prosecution frameTaste sought
sole
passed1999) by
in
ANSWER:is
debtors itthe
thenot
.but
owner is
under
evident
In lessor
the
bound
such
plan.
Juanofthe the
He of
vendor
Article
namelyfrom suit
by
case,
never the
entire
thus thearguing
the payment
who
1267,
theJoey contract
wrote
bothered Civil
execution
and
notation
remaining that
appears
a letter
to by but
Code.
Jojo was to
by it-
to PAYMENT
refused
Conditional
parcels
December
(Article
both
SUGGESTED
Manresa
no
defense loans
interest
to
which
1324, means
pay
31,
should
ANSWER:
401).
is that in law he on
1993.
Civilthe
not
the
partly
Code)
be
to
only
following
Ben,
based held
prosecute
obligation in in
his
on grounds.
trust
the
toare answer
and
of
rate
construct
formoney
recover to
of a)
Juana's
the
but
is
as
that
assuming
the
have
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can
The
these the
lessee
is
be
law a Court
failed
case
held
finance
two the
of
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payment
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(1998)
to
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sale
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property correctly
Under in its Article in
favor, 1293at of
agreement
maythe
pay notincreased for
be used torate. 10 months but
pay for such losses. If the P200,000.00.
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that
Defendants
demand the (1993)
same
on Joey
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an
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obligation to mill their sugar cane is