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MOCK BAR EXAM

CIVIL LAW
1. PH and LV are HK Chinese. Their parents are now Filipino citizens who live
in Manila. While still students in MNS State, they got married although they
are first cousins. It appears that both in HK and in MNS State first cousins
could marry legally. They plan to reside and set up business in the
Philippines. But they have been informed, however, that the marriage of
first cousins here is considered void from the beginning by reason of
Public policy. They are in a dilemma. They dont want to break Philippine
law, much less their marriage vow. They seek your advice on whether their
civil status will be adversely affected by Philippine domestic law? What is
your advice? (5%)
2. At age 18, Marian found out that she was pregnant. She insured her own
life and named her unborn child as her sole beneficiary. When she was
already due to give birth, she and her boyfriend Pietro, the father of her
unborn child, were kidnapped in a resort in Bataan where they were
vacationing. The military gave chase and after one week, they were found
in an abandoned hut in Cavite. Marian and Pietro were hacked with bolos.
Marian and the baby she delivered were both found dead, with the babys
umbilical cord already cut. Pietro survived.
a. Can Marians baby be the beneficiary of the insurance taken on the
life of the mother?
b. Between Marian and the baby, who is presumed to have died ahead?
c. Will Pietro, as surviving biological father of the baby, be entitled to
claim the proceeds of the life insurance on the life of Marian? (10%)

3. In December 2000, Michael and Anna, after obtaining a valid marriage


license, went to the Office of the Mayor of Urbano, Bulacan, to get married.
The Mayor was not there, but the Mayors secretary asked Michael and
Anna and their witnesses to fill up and sign the required marriage contract
forms. The secretary then told them to wait, and went out to look for the
Mayor who was attending a wedding in a neighboring municipality. When
the secretary caught up with the Mayor at the wedding reception, she
showed him the marriage contract forms and told him that the couple and
their witnesses were waiting in his office. The Mayor forthwith signed all
the copies of the marriage contract, gave them to the secretary who
returned to the Mayors office.' She then gave copies of the marriage
contract to the parties, and told Michael and Anna that they were already
married. Thereafter, the couple lived together as husband and wife, and
had three sons. Is the marriage of Michael and Anna valid, voidable, or void?
Explain your answer. (5%)
4. Harry married Wilma, a very wealthy woman. Barely five (5) years into the
marriage, Wilma fell in love with Joseph. Thus, Wilma went to a small
country in Europe, became a naturalized citizen of that country, divorced
Harry, and married Joseph. A year thereafter, Wilma and Joseph returned
and established permanent residence in the Philippines.
a. Is the divorce obtained by Wilma from Harry-recognized in the
Philippines? Explain your answer.
b. If Harry hires you as his lawyer, what legal recourse would you advise
him to take? Why?
c. Harry tells you that he has fallen in love with another woman, Elizabeth,
and wants to marry her because, after all, Wilma is already married to
Joseph. Can Harry legally marry Elizabeth? Explain (10%)

5. Gemma filed a petition for the declaration of nullity of her marriage with
Arnell on the ground of psychological incapacity. She alleged that after 2
months of their marriage, Arnell showed signs of disinterest in her,
neglected her and went abroad. He returned to the Philippines after 3 years
but did not even get in touch with her. Worse, they met several times in
social functions but he snubbed her. When she got sick, he did not visit her
even if he knew of her confinement in the hospital. Meanwhile, Arnell met
an accident which disabled him from reporting for work and earning a
living to support himself. Will Gemmas suit prosper? Explain. (5%)

6. Which of the following remedies, i.e., (a) declaration of nullity of marriage,


(b) annulment of marriage, (c) legal separation, and or (d) separation of
property, can an aggrieved spouse avail himself/herself of-

(i) If the wife discovers after the marriage that her husband has AIDS"
(ii) If the wife goes (to) abroad to work as a nurse and refuses to come
home after the expiration of her three-year contract there.
(iii) If the husband discovers after the marriage that his wife has been a
prostitute before they got married.
(iv) If the husband has a serious affair with his secretary and refuses to
stop notwithstanding advice from relatives and friends.
(v) If the husband beats up his wife every time he comes home drunk.
(10%)

7. In June 1985, James married Mary. In September 1988, he also married


Ophelia with whom he begot two (2) children, A and B. In July 1989, Mary
died. In July 1990, he married Shirley and abandoned Ophelia. During their
union, James and Ophelia acquired a residential lot worth P300.000.00.
Ophelia sues James for bigamy and prays that his marriage with Shirley be
declared null and void. James, on the other hand, claims that since his
marriage to Ophelia was contracted during the existence of his marriage
with Mary, the former is not binding upon him, the same being void ab
initio; he further claims that his marriage to Shirley is valid and binding as
he was already legally capacitated at the time he married her. What
property regime governed the union of James and Ophelia? (5%)

8. In 1991, Victor established judicially out of conjugal property, a family


home in Manila worth P200,000.00 and extrajudicially a second family home
in Tagaytay worth P50,000.00. Victor leased the family home in Manila to a
foreigner. Victor and his family transferred to another house of his in Pasig.
Can the two family homes be the subject of execution on a judgment
against Victors wife for non-payment of the purchase in 1992 of household
appliances? (5%)

9. Spouses B and G begot two offsprings. Albeit they had serious personality
differences, the spouses continued to live under one roof. B begot a son by
another woman. G also begot a daughter by another man.
a. If G gives the surname of B to her daughter by another man, what can B
do to protect their legitimate childrens interests? Explain.
b. If B acquiesces to the use of his surname by Gs daughter by another
man, what is/are the consequence/s? Explain. (10%)

10. Saul, a married man, had an adulterous relation with Tessie. In one of the
trysts, Sauls wife, Cecile, caught them in flagrante. Armed with a gun,
Cecile shot Saul in a fit of extreme jealousy, nearly killing him. Four (4)
years after the incident, Saul filed an action for legal separation against
Cecille on the ground that she attempted to kill him.
(a) If you were Sauls counsel, how will you argue his case?
(b) If you were the lawyer of Cecile, what will be your defense?
(c) If you were the judge, how will you decide the case? (10%)

11. Pedro promised to give his grandson a car if the latter will pass the bar
examinations. When his grandson passed the said examinations, Pedro
refused to give the car on the ground that the condition was a purely
potestative one. Is he correct or not? (5%)

12. Are the following obligations valid, why, and if they are valid, when is the
obligation demandable in each case?

(a) If the debtor promises to pay as soon as he has the means to pay;
(b) If the debtor promises to pay when he likes;
(c) If the debtor promises to pay when he becomes a lawyer;
(d) If the debtor promises to pay if his son, who is sick with cancer, does
not die within one year. (5%)

13. A, B, C, D, and E made themselves solidarily indebted to X for the amount


of P50,000.00. When X demanded payment from A, the latter refused to pay
on the following grounds:

(a) B is only 16 years old


(b) C has already been condoned by X.
(c) D is insolvent.
(d) E was given by X an extension of 6 months without the consent of the
other four co-debtors.
State the effect of each of the above defenses put up by A on his obligation
to pay X, if such defenses are found to be true. (5%)

14. a. Define compensation as a mode of extinguishing an obligation, and


distinguish it from payment. (5%)

b. X, who has a savings deposit with Y Bank in the sum of P1,000,000.00


incurs a loan obligation with the said Bank in the sum of P800,000.00 which
has become due. When X tries to withdraw his deposit. Y Bank allows only
P200,000.00 to be withdrawn, less service charges, claiming that
compensation has extinguished its obligation under the savings account to
the concurrent amount of Xs debt. X contends that compensation is
improper when one of the debts, as here, arises from a contract of deposit.
Assuming that the promissory note signed by X to evidence the loan does
not provide for compensation between said loan and his savings deposit,
who is correct? (5%)