UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Diliman, Quezon City MOCK BAR (Set 1) EXAMINATIONS 2012 CIVIL LAW

Part I: MULTIPLE CHOICE (50 pts.) INSTRUCTIONS: Choose the correct answer by shading the circle of the corresponding letter of your answer. Do not write anything in the questionnaire. Turn in the questionnaire at the end of the exam. You have fifty (50) minutes to complete this part of the exam. ANSWER SHEET

A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 O O O O O O O O O O O O O O O

B O O O O O O O O O O O O O O O

C O O O O O O O O O O O O O O O

D O O O O O O O O O O O O O O O 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

A O O O O O O O O O O O O O O O

B O O O O O O O O O O O O O O O

C O O O O O O O O O O O O O O O

D O O O O O O O O O O O O O O O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50

A O O O O O O O O O O O O O O O O O O O O

B O O O O O O O O O O O O O O O O O O O O

C O O O O O O O O O O O O O O O O O O O O

D O O O O O O O O O O O O O O O O O O O O

UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Diliman, Quezon City MOCK BAR (Set 1) EXAMINATIONS 2012 CIVIL LAW INSTRUCTIONS: Choose the correct answer by shading the circle of the corresponding letter of your answer. Do not write anything in the questionnaire. Turn in the questionnaire at the end of the exam.

1. Liability due to negligence when there is a contractual relation between the parties may result in obligations arising from A. B. C. D. Quasi-delict only Contract only Either quasi-delict or contract None of the above

2. The following are immovable property, except: A. B. C. D. A fishermans wharf An anthill A half-empty sack of fertilizer found inside a shed A small, portable water heater installed in a bathroom

3. Under a contract it has entered into with A Publishing Company, B Printing Press is obliged to print and deliver to A 1000 copies of As book for P10 000 on or before June 1. The contract provides for liquidated damages in the amount of P2000 in case of breach on the part of B of any of the stipulations thereof. The printing of the books are finished on time but by plain oversight on the part of B, the company logo of A is missing in the publishers identity page. Which of the following is true? A. B. C. D. A may rescind the contract A is obliged to pay the entire printing cost A is obliged to pay the printing cost less the liquidated damages A may refuse to pay the printing cost altogether

4. A, who resides in Manila, sells his car to B who resides in Cebu City. B pays A the purchase price by depositing the money in the latters ATM acc ount. Who shall pay for the expenses in transporting the car from Manila to Cebu? A. B. C. D. A shall pay, unless otherwise stipulated B shall pay, unless otherwise stipulated Both shall divide the expenses equally Both shall pay in the amount stipulated in the contract

MOCK BAR (Set 1) EXAMINATIONS 2012 CIVIL LAW 5. A is indebted to solidary creditors B, C and D in the amount of P90 000. B demands payment upon A. But A pays the whole obligation instead to C. If C absconds with the money, A. B. C. D. A is still liable to B and D for their share B and D can no longer go after A for the obligation is already extinguished A is still liable for the P90 000 None of the above

6. The following are the remedies against private nuisance, except. A. B. C. D. A civil action A prosecution under the penal code or any local ordinance. Abatement without judicial proceedings. None of the above.

7. A, who is the guardian of B and Bs 5 hectare agricultural land valued at P1 million, bought a tractor which was overpriced by P300 000. The contract of sale is A. B. C. D. rescissible valid unenforceable none of the above

8. A agrees to sell to B his car on instalment basis payable in sixty equal monthly instalments on condition that B will not operate it as a taxi for as long as the purchase price is not yet fully paid. After a year, B operates the car as a taxi. Which of the following is true? A. B. C. D. The obligation remains valid and unchanged. The remaining instalments are immediately demandable. The contract becomes void. None of the above

9. A buys a refrigerator from an appliance dealer. Upon payment of the purchase price, A issued a sales invoice in which is described with particularity the refrigerator. On the way to As place to deliver the refrigerator, the dealers delivery van is hit by a truck while the latter was trying to overtake another vehicle. The van and the refrigerator are completely destroyed. Which of the following is true? A. B. C. D. The obligation of the dealer subsists and he has to provide another refrigerator. The obligation of the dealer is extinguished. A may sue the owner of the truck for the price of the refrigerator. Both A and C.

10. A, a minor, sells his land to B. upon reaching the age of maturity, A resells his land to C. Then A ratifies the sale he has previously made to B. Who has a better right over the land? A. B. C. D. B C Both. Neither. Page 3 of 13

MOCK BAR (Set 1) EXAMINATIONS 2012 CIVIL LAW 11. A sells his car to B who pays the agreed purchase price. On the delivery date, an earthquake causes the building where the car is kept to collapse and the car is completely destroyed. Which of the following is true? A. B. C. D. As obligation to deliver is extinguished. As obligation to deliver subsists. A is not liable for anything unless the contrary is stipulated. Both A and C.

12. A sells his coconut land to B who buys it and pays the agreed purchase price. Before the land was delivered, A was able to harvest coconut which he refuses to deliver to B. B may A. B. C. D. sue for recovery and possession sue for specific performance not compel delivery, for A is the rightful owner of the coconut none of the above

13. A, a minor, sells his car to B. Later, he borrows the car and while in As possession, the car was stolen because he forgot to lock the doors. B now demands for another car of equal value. A. B. C. D. A has the right to annul the contract on the ground that he is a minor. As right to annul the contract is extinguished by the loss of the car. A is not liable on the ground that he is a minor. None of the above.

14. A owes B P1 million. C, with the consent of B and A, assumes the obligation of A and pays B a partial payment of P500 000. If A becomes insolvent, who will have superior right over As assets? A. B. C. D. B C The choice is with A Both will have equal rights over As assets

15. The obligation to pay is joint when there is promise to pay A. B. C. D. Individually and jointly Jointly or severally All of the above None of the above

16. Which of the following is not immovable property? A. Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object B. Fertilizer actually used on a piece of land C. Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their owner has placed them or preserves them with the intention to have them permanently attached to the land, and forming a permanent part of it D. Forces of nature which are brought under control by science. Page 4 of 13

MOCK BAR (Set 1) EXAMINATIONS 2012 CIVIL LAW

17. In 1896, C owned a parcel of land. However, because of the action of the waves of Manila Bay, part of the land was gradually submerged in the sea. It remained submerged until 1912 when the government decided to make the necessary dredging to reclaim the land from the sea. As soon as the land had been recovered, C took possession of it. Who is the rightful owner of the land in question? A. C because he is the original owner of the land. The gradual erosion is irrelevant. B. The government owns the reclaimed land because it has become property of public dominion. Having become part of the sea or the seashore, it became property for public use. C. C because he is the original owner of the land. Abandonment is not an issue because as soon as the land had been recovered, C took immediate possession of it. D. No one owns the said land. Having become part of the sea or the seashore, it became res nullius. 18. Which of the following is incorrect? A. Jus possidendi is the right of an owner to possess. It means the right to hold a thing or to enjoy a right. B. Jus disponendi is the right of an owner to dispose. It includes the right to donate and to sell but not to pledge or to mortgage. C. Jus fruendi is the right of an owner to the three kinds of fruits natural, industrial and civil. D. Jus utendi is the right of an owner to use the property. It includes the right to exclude any person, as a general rule, from the enjoyment and disposal thereof. 19. Which of the following is incorrect? A. Hidden treasure belongs to the owner of the land, building or other property on which it is found. B. Nevertheless, when the discovery is made on the property of another, or of the State or any of its subdivisions, and by chance, one-third thereof shall be allowed to the finder and one-third to the State. C. If the finder is a trespasser, he shall not be entitled to any share of the treasure. D. If the things found be of interest to science or the arts, the State may acquire them at their just price, which shall be divided in conformity with the rule stated. 20. The following are the types of adjunction or conjunction. Which does not belong? A. B. C. D. Commixtion Tejido Escritura Soldadura

21. The following are the basic principles of accession continua. Which is incorrect? A. Bad faith of one party does not neutralize the bad faith of the other. B. He who is in good faith may be held responsible but he should not be penalized. Page 5 of 13

MOCK BAR (Set 1) EXAMINATIONS 2012 CIVIL LAW C. To the owner of the principal must belong also the accessions, in accordance with the principle that the accessory follows the principal. D. The union or incorporation must, with certain exceptions, be effected in such a manner that to separate the principal from the accessory, would result in substantial injury to either. 22. The death of the Usufructuary ends the usufruct, except: A. In the case of multiple usufructs B. When there is a period fixed based on the number of years that would elapse before a person would reach a certain age, unless the period was expressly granted only in consideration of the existence of such person, in which case it ends at the death of said person. C. When the contrary intention clearly appears. D. All of the above. 23. The following are examples of legal easement, except: A. B. C. D. Zoning Drainage Intermediate distances Lateral and subjacent support

24. How are easements acquired? A. B. C. D. If If If If continuous and apparent, they may be acquired by title only. discontinuous and apparent, they may be acquired by title and by prescription. continuous and non-apparent, they may be acquired by title and by prescription. discontinuous and non-apparent, they may be acquired by title only.

25. Rights to succession are transmitted: A. B. C. D. On date of last will and testament On probate of will On death of testator On date of death of surviving heir

26. The following are the rights of the dominant estate, except: A. To exercise the easement and all necessary rights for its use including accessory easement B. To make on the servient estate all works necessary for the use and preservation of the servitude, although it alters the easement or makes it more burdensome. C. To ask for a mandatory injunction to prevent impairment or obstruction in the exercise of the easement as when the owner of the servient estate obstructs the right of way by building a wall or fence D. To renounce totally the easement if he desires exemption from contribution to expenses. 27. The following are the rights of the servient estate, except: Page 6 of 13

MOCK BAR (Set 1) EXAMINATIONS 2012 CIVIL LAW A. To retain ownership and possession of the portion of his land affected by the easement even if indemnity for the right is given B. To make use of the easement C. To change the location of a very inconvenient easement D. All of the above. 28. The following are the modes of extinguishment of easements, except: A. By the renunciation of the owner of the servient estate B. By the redemption agreed upon between the owners of the dominant and servient estates C. By the expiration of the term or fulfillment of the condition, if the easement is temporary or conditional. D. All of the above. 29. Which of the following is incorrect? A. A sale by description is where the seller sells things as being of a certain kind, the buyer merely relying on the sellers representations or descriptions. B. A sale by sample is that where the seller warrants that the bulk of the goods shall correspond with the sample in kind, quality and character. C. In the contract of sale of goods by description or by sample, the contract may be annulled if the bulk of the goods delivered do not correspond with the description or the sample. D. The buyer shall have a reasonable opportunity of comparing the bulk with the description or the sample. 30. Which of the following is incorrect? When the Builder, Planter or Sower is in bad faith and the Landowner is in good faith, A. The landowner may acquire the BPS without payment of indemnity B. The landowner may require the Builder, Planter or Sower to account for value of fruits received or fruits which could have been received had the landowner been in possession. C. The landowner may require the Builder or Planter to buy land and the Sower to lease the land. However, the Builder, Planter or Sower may refuse even if the value of the land is considerably more than the building/planting. D. All of the above. 31. Disposition captatoria means that the heir shall make provisions in his will: A. B. C. D. In favor of another heir In favor of testator or any other person In favor of the state In favor of a legatee

32. A executed a will consisting of ten pages. At the probate, B, one of his children interposed an opposition on the ground that one of the pages of the same has not been signed by A and one of the witnesses. Rule on the opposition. A. The testator and the instrumental witnesses must sign. Page 7 of 13

MOCK BAR (Set 1) EXAMINATIONS 2012 CIVIL LAW B. The defect is fatal if there is failure to have the original signatures. C. If there was mere inadvertence of one of the true witnesses or even the testator, the will must be admitted. D. The will should not be admitted. 33. A, a minor, executed a last will and testament. He died at the age of 21, after which his will was submitted to probate. If you were the judge, would you approve it? A. B. C. D. Yes, because the will is valid. Yes, because the testator is capacitated. No, because the will is void. No, because the will is not in accordance with law.

34. Mr. Seller offered to sell to Mr. Buyer, a parcel of land for P5 million. Because the latter could not make up his mind, Mr. Seller gave him thirty (30) days within which to decide. A. B. C. D. Seller may always withdraw the offer before 30 days. Seller can withdraw the offer prior to acceptance by Mr. Buyer. Seller cannot withdraw before the lapse of 30 days. Answer is not given.

35. In negligence cases, the aggrieved party may recover in A. B. C. D. an action under the RPC (delict) only an action based on quasi- delict only both delict and quasi-delict either delict or quasi-delict

36. What law shall determine the validity of a will? A. B. C. D. The national law of testator The law at the time it is made The law at the time of probate of the will The law at the time of death of the testator

37. In a contract of sale of personal property the price of which is payable in installments, the vendor may exercise any of the following remedies: A. Exact fulfillment of the obligation, should the vendee fail to pay B. Cancel the sale, should the vendees failure to pay cover two or more installments. C. Foreclose the chattel mortgage on the thing sold, if one has been constituted, should the vendees failure to pay cover two or more installments. In this case, he shall have no further action against the purchases to recover any unpaid balance of the price, except when there is a stipulation to the contrary. D. All of the above. 38. Miss X, is a passenger in a jeepney driven by Mr. D and owned by Mr. O. The jeepney was rear-ended by another jeep owned by Mr. TP. Investigations disclosed that the fault was due to the driver of Mr. TP. Which is not correct? A. Miss X may sue Mr. O under a breach of contract of carriage. Page 8 of 13

MOCK BAR (Set 1) EXAMINATIONS 2012 CIVIL LAW B. Miss X may sue Mr. TP under a culpa aquiliana theory. C. Miss X may sue the driver of Mr. TP under a culpa criminal theory. D. Mr. O in a suit by Miss X for breach of contract may defend by alleging that the proximate cause of the accident was the jeepney of Mr. TP. 39. For civil purposes, a fetus may be considered born if: A. It had an intra-uterine life of 8 months but is dead upon delivery. B. It had an intra-uterine life of less than 7 months and it died after 5 days upon delivery. C. It had an intra-uterine life of less than 7 months and dies within 24 hours after its complete delivery from the maternal womb. D. It was aborted on request of or with permission from the father to save the life of the mother. 40. If a compulsory heir is disinherited, is it limited to his legitime? A. B. C. D. 41. No, it also covers the free portion. Yes, it is limited only to his legitime. Disinheritance affect only the free portion but not the legitime None of the above.

A holographic has no date except one found on the first page, is the will valid? A. B. C. D. Yes, because the law does not specify the place where the date should be placed. No, because the date should be after the signature of the testator. No, because it did not follow the requirements of law. Yes, because the intention of the testator must be respected.

42. In case a holographic will is lost, can it still be probated? A. B. C. D. No, because the best and only evidence of the handwriting is the will itself. No, the probate court has no jurisdiction. No, because the testator is still living. Yes, because secondary evidence may be presented.

43. The following are the requisites of the easement of right of way, except. A. B. C. D. The property is surrounded by other estate. There must be no adequate outlet to a public highway. There must be indemnity. That if there is outlet, it is not convenient to the dominant estate.

44. A was the owner of a piece of land of approximately 370 hectares, which he has leased out receiving as rental 400 cavans of palay. A, telling the purchaser that the land was good, was able to sell the land to B who has not seen the land yet for P39 000. However, the land turned out to be second class. Which of the following is true? A. The contract is void. B. The contract is valid. C. The contract is voidable. Page 9 of 13

MOCK BAR (Set 1) EXAMINATIONS 2012 CIVIL LAW D. The contract is unenforceable. 45. The following are disqualified to donate to each other, except. A. Those guilty of adultery or concubinage at the time of the donation. B. Those found guilty of the same criminal offense in consideration thereof. C. Those made to public officers or their spouses, descendants, or ascendants, reason of their office. D. Those obliged to support one another.

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46. Excited over their impending marriage, the parties overlooked the expiration date of their marriage license but just the same the marriage was solemnized two days after its expiration date. The marriage is: A. B. C. D. Valid there being a marriage license validly obtained by the parties. Voidable there being a defect in the formal requisite. Valid there being only an irregularity in the marriage license. Void in the absence of a valid marriage license.

47. Charlie gave his diamond-encrusted watch worth Php 25,000.00 to his friend Danny as a birthday gift. Danny readily accepted the gift with profuse gratitude. One month later, they had a serious quarrel; hence, Charlie demanded the return of the watch from Danny. Danny refused to return the watch. What is the nature of this donation? A. Valid, because there was intention to donate and delivery by the donor Charlie. B. Valid, because there was acceptance and receipt of the donated personal property by the donee Danny. C. Void, because the value of the thing donated exceeded Php 5,000.00 and the donation and acceptance were not in writing. D. Void, because the value of the thing donated exceeded Php 5,000.000 and the donation and acceptance were not in a public instrument. 48. Clara thinking of her morality, drafted a will and asked Roberta, Hannah, Luisa and Benjamin to be witnesses during the day of the signing of her will, Clara fell down the stairs and broke both her arms. Coming from the hospitals, Clara insisted on signing her will by thumb mark and said that she can sign her full name later. While the will was being signed, Roberta, experienced a stomach ache and kept going to the restroom for long period of time. Hannah while waiting for her turn to sign the will, was reading the 7 th Harry Potter book on the couch, beside the table on which everyone was signing Benjamin, aside from witnessing the will, also offered to notarize it. A week after, Clara was run over by a drunk driver while crossing the street in Greenbelt. May the will of Clara be admitted to probate? Give your reasons briefly. A. Yes, because the testatrix signed the will in the presence of 4 credible witnesses and the credible witnesses signed the will in the presence of the testatrix and of one another. B. Yes, because the testatrix signed the will in the presence of 3 credible witnesses and the 3 credible witnesses signed the will in the presence of the testatrix and of one another. Page 10 of 13

MOCK BAR (Set 1) EXAMINATIONS 2012 CIVIL LAW C. No, because there were only two credible witnesses who attested and signed the will in the presence of the testatrix and of the one another. D. No, because the testatrix was not 49. Hidden treasure belongs to: A. The owner of the property, when the discovery is made on his property. B. The finder and the owner of the property, when the discovery is inadvertently made by the finder on the property of another. C. The State, which may acquire the things found at their just price. D. The State, which may acquire the things found in the name of public interest. 50. Whenever the current of a river, creek or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate, it belongs to: A. No one. It is res nullius. B. The owner of the estate from which the known portion of land was segregated, provided that he removes the same within one year. C. The owner of the estate to which the known portion of land was transferred. D. The owner of the estate from which the known portion of land was segregated, provided that he removes the same within two years.

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UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Diliman, Quezon City MOCK BAR (Set 1) EXAMINATIONS 2012 CIVIL LAW Part II: ESSAY INSTRUCTIONS: You have sixty (60) minutes to complete this part of the exam. I. Don Daniel is a wealthy businessman. Realizing that his end is near, he asked his lawyer to draft a will bequeathing his entire estate to his favorite nephew Nathan but provided a condition that Nathan should never marry Katerina. One day after Don Daniel died, Nathan married Katerina. Nathan then presented the will for probate. Thomas, Daniels only son, objected contending that the will is void since he was omitted and that Nathan violated the condition stated in the will. Nathan argued that the condition should be considered as not written since it is a restriction to his right to marry whomever he chooses to marry. He also added that Thomas has no right to inherit since he once made an attempt on the life of Don Daniel. a. Is the will valid? b. Who has the right to inherit? Support your answer.

II. Lola Margarette owns a slaughterhouse in Camarines Norte. She is lazy and is indifferent to the sanitation processes required by the Department of Health. The filthy building then emanated an awful smell that reached the neighboring houses. The Chief of Police immediately ordered the demolition of the slaughterhouse upon the request of his mother Dona Henia because according to him, the slaughterhouse was a nuisance per se that should be abated. Can this demolition be sustained? Explain. III. Don Manuel is a sickly old man who owns vast amount of properties, which he all inherited from his parents. He has 2 sons (Marvin and Mark) with his first wife, Margaret, and has 3 daughters (Maria, Mimi, and Margot) with his second wife, Maureen. The 2 sons from his first marriage are both of legal age, while the last 2 daughters from his second marriage are still minors. Don Manuel executed a General Power of Attorney (GPA) in favor of his 2 sons and eldest daughter. Armed with the GPA, Marvin, Mark and Maria sold 3 parcels of land, registered in the name of their father with the Registry of Deeds of Makati, to Don Marcus. As per Deed of Absolute Sale, Don Marcus paid an initial amount of P4.5 million in cash for the 3 parcels of land and the remaining balance of P1.5 million shall be paid within 3 months in equal monthly installments. The initial payment was received by the 3 children of Don Manuel, where P3 million was used to pay hospital bills and the remaining P1.5 million was divided equally between the 2 sons and Maureen and her 3 children. The Deed of Absolute Sale was registered with the Registry of

MOCK BAR (Set 1) EXAMINATIONS 2012 CIVIL LAW Deeds of Makati. Don Marcus immediately took possession of the properties. However, Don Marcus failed to pay the remaining balance. Shortly after the sale, Don Manuel became so frail that he collapsed and died. Fifteen months after the sale, Maureen in her own behalf and as the legal guardian of her 2 minor daughters filed an Action for Annulment of Sale and Recovery of Possession with the RTC of Makati alleging that the sale was void because the GPA did not authorize Don Manuels 3 children to sell the property. They argue that a Special Power of Attorney is needed to authorize the children to make a sale. The GPA states I hereby authorize my children, Marvin, Mark, and Maria, all of legal age, to perform all acts necessary to obtain a loan, mortgage, lease, or sell any or all of my properties in order to pay off my hospital bills and to finance their daily needs. Don Marcus wants your opinion on what defenses are available to him.

IV. Alfred is a dog enthusiast and currently has 20 different breeds of dogs in his backyard. His business of selling pure bred puppies has been running for 15 years and earned a good reputation for selling quality and healthy puppies. Alfred is located in Mandaluyong City. Andrew and Anita have been married for 8 years and have suffered from a great grief upon being informed by their family doctor that the possibility of having a child of their own is a blur. In order to ease their grief, the couple decided to buy a puppy to be their companion. The couple immediately contacted Alfred using the phone number in Alfreds newspaper ads stating Alfreds Kennel: Have a high quality and healthy puppy right at your doorstep. Alfred and the couple discussed the terms of the sale over the phone. After the phone conversation, the couple immediately sent their payment of P35,000 for a 3-month old West Highland Terrier puppy plus P5,000 shipping fee to Alfred via money transfer. The next day, Alfred shipped the puppy, together with its registration papers and Certification from the Bureau of Animal Industry that the puppy is fit for shipping, with Star Shipping Company bound for Cebu City, the place of residence of the couple. The puppy was placed in a crate with food and water sufficient for the 2-day travel. However, on the evening of the 1st day of travel, the temperature strangely soared to 35 degrees Celsius. Given this high temperature plus the minimum amount of air circulating in the cargo section, the puppy suffered from a heat stroke. Upon arrival in Cebu City, the ship employee discovered the fate of the puppy and immediately informed his superiors. The representative from the shipping company immediately contacted Andrew and Anita, who refused to accept the dead puppy. Andrew and Anita demanded a refund from Alfred alleging that the latter breached its warranty that the puppy was healthy. They also demanded damages from the Star Shipping Company alleging that the latter was negligent in keeping the puppy in the cargo section when the shipping company knew that the puppy needs sufficient amount of air in order to withstand the 2-day travel. If you were the legal counsel of Alfred and of the Star Shipping Company, what are the defenses available to them to be free from liability?

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