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YOU CAN BRING HOME THE QUESTIONNAIRE.

2016 BAR EXAMINATIONS


CRIMINAL LAW JUSTICE PRESBITERO J. VELASCO, JR.
Chairman
2016 Bar Examinations
November 20, 2016 2:00 P.M. - 6:00 P.M.
I
INSTRUCTIONS
Explain the application of the Indeterminate Sentence Law (ISL). (5%)
1. This Questionnaire contains eight (8) pages. Check the number of pages and make sure it
has the correct number of pages and their proper numbers. II

All the items have to be answered within/our (4) hours. Since there are twenty (20) [a] Define malfeasance, misfeasance and nonfeasance. (2.5%)
questions, you have 12 minutes to answer each question, and 6 minutes to answer each sub-
question. You may write on the Questionnaire for notes relating to the questions. [b] Differentiate wheel conspiracy and chain conspiracy. (2.5%)

Read each question very carefully and write your answers in your Bar Examination III
Notebook in the same order the questions are posed. Write your answers only on the front of
every sheet in your Notebook. If not sufficient, then start with the back page of the first Pedro is married to Tessie. Juan is the first cousin of Tessie. While in the market, Pedro saw a
sheet and thereafter. Note well the allocated percentage points for each number, question, man stabbing Juan. Seeing the attack on Juan, Pedro picked up a spade nearby and hit the
or sub-question. In your answers, use the numbering system in the questionnaire. attacker on his head which caused the latter's death.

2. Answer the Essay questions legibly, clearly, and concisely. Start each number on a separate Can Pedro be absolved of the killing on the ground that it is in defense of a relative? Explain.
page. An answer to a sub-question under the same number may be written continuously on (5%)
the same page and the immediately succeeding pages until completed.
IV
Your answer should demonstrate your ability to analyze the facts, apply the pertinent laws
Jojo and Felipa are husband and wife. Believing that his work as a lawyer is sufficient to
and jurisprudence, and arrive at a sound or logical conclusion. Always support your answer
provide for the needs of their family, Jojo convinced Felipa to be a stayat- home mom and
with the pertinent laws, rules, jurisprudence, and the facts.
care for their children. One day, Jojo arrived home earlier than usual and caught Felipa in the
A mere "Yes" or "No" answer without any corresponding explanation or discussion will not act of having sexual intercourse with their female nanny, Alma, in their matrimonial bed. In a
be given full credit. Thus, always briefly but fully explain your answers although the question fit of rage, Jojo retrieved his revolver from inside the bedroom cabinet and shot Alma,
does not expressly ask for an explanation. Do not re-write or repeat the question in your immediately killing her.
Notebook.
[a] Is Art. 247 (death or physical injuries inflicted under exceptional circumstances) of the
3. Make sure you do not write your name or any extraneous note/s or distinctive Revised Penal Code (RPC) applicable in this case given that the paramour was of the same
markingls on your Notebook that can serve as an identifying mark/s (such as names that are gender as the erring spouse? (2.5%)
not in the given questions, prayers, or private notes to the Examiner). Writing, leaving, or
[b] Is Felipa liable for adultery for having sexual relations with Alma? (2.5%)
making any distinguishing or identifying mark in the exam Notebook is considered cheating
and can disqualify you. V

Governor A was given the amount of PIO million by the Department of Agriculture for the
purpose of buying seedlings to be distributed to the farmers. Supposedly intending to
modernize the farming industry in his province, Governor A bought farm equipment through
direct purchase from XY Enterprise, owned by his kumpare B, the alleged exclusive A is the driver of B's Mercedes Benz car. When B was on a trip to Paris, A used the car for a
distributor of the said equipment. Upon inquiry, the Ombudsman discovered that B has a joy ride with C whom he is courting. Unfortunately, A met an accident. Upon his return, B
pending patent application for the said farm equipment. Moreover, the equipment came to know about the unauthorized use of the car and sued A for qualified theft. B alleged
purchased turned out to be overpriced. What crime or crimes, if any, were committed by that A took and used the car with intent to gain as he derived some benefit or satisfaction
Governor A? Explain. (5%) from its use. On the other hand, A argued that he has no intent of making himself the owner
of the car as he in fact returned it to the garage after the joy ride. What crime or crimes, if
VI any, were committed? Explain. (5%)

Ofelia, engaged in the purchase and sale of jewelry, was charged with violation of PD 1612, X
otherwise known as the Anti-Fencing Law, for having been found in possession of recently
stolen jewelry valued at Pl 00,000.00 at her jewelry shop. Her defense is that she merely The Royal S.S. Maru, a vessel registered in Panama, was 300 nautical miles from Aparri,
bought the same from Antonia and produced a receipt covering the sale. She presented Cagayan when its engines malfunctioned. The Captain ordered his men to drop anchor and
other receipts given to her by Antonia representing previous transactions. Convicted of the repair the ship. While the officers and crew were asleep, armed men boarded the vessel and
charge, Ofelia appealed, arguing that her acquisition of the jewelries resulted from a legal took away several crates containing valuable items and loaded them in their own motorboat.
transaction and that the prosecution failed to prove that she knew or should have known Before the band left, they planted an explosive which they detonated from a safe distance.
that the pieces of jewelry which she bought from Antonia were proceeds of the crime of The explosion damaged the hull of the ship, killed ten (10) crewmen, and injured fifteen (15)
theft. others.

[a] What is a "fence" under PD 1612? (2.5%) What crime or crimes, if any, were committed? Explain. (5%)

[b] Is Ofelia liable under the Anti-Fencing Law? Explain. (2.5%) XI

VII Angelino, a Filipino, is a transgender who underwent gender reassignment and had implants
in different parts of her body. She changed her name to Angelina and was a finalist in the
Val, a Nigerian, set up a perfume business in the Philippines. The investors would buy the raw Miss Gay International. She came back to the Philippines and while she was walking outside
materials at a low price from Val. The raw materials consisted of powders, which the her home, she was abducted by Max and Razzy who took her to a house in the province. She
investors would mix with water and let stand until a gel was formed. Val made a written was then placed in a room and Razzy forced her to have sex with him at knife's point. After
commitment to the investors that he would buy back the gel at a higher price, thus assuring the act, it dawned upon Razzy that Angelina is actually a male. Incensed, Razzy called Max to
the investors of a neat profit. When the amounts to be paid by Val to the investors reached help him beat Angelina. The beatings that Angelina received eventually caused her death.
millions of pesos, he sold all the equipment of his perfume business, absconded with the What crime or crimes, if any, were committed? Explain. (5%)
money, and is nowhere to be found. What crime or crimes were committed, if any? Explain.
(5%) XII

VIII Arnold, 25 years of age, was sitting on a bench in Luneta Park watching the statue of Jose
Rizal when, without his permission, Leilani, I 7 years of age, sat beside him and asked for
Charges d'affaires Volvik of Latvia suffers from a psychotic disorder after he was almost financial assistance, allegedly for payment of her tuition fee, in exchange for sex. While they
assassinated in his previous assignment. One day, while shopping in a mall, he saw a group of were conversing, police operatives arrested and charged him with violation of Section l 0 of
shoppers whom he thought were the assassins who were out to kill him. He asked for the RA 76 I 0 (Special Protection of Children against Child Abuse, Exploitation and Discrimination
gun of his escort and shot ten (10) people and wounded five (5) others before he was Act), accusing him of having in his company a minor, who is not related to him, in a public
subdued. The wounded persons required more than thirty (30) days of medical treatment. place. It was established that Arnold was not in the performance of a social, moral and legal
What crime or crimes, if any, did he commit? Explain. (5%) duty at that time.

IX Is Arnold liable for the charge? Explain. (5%)


XIII [b] Suppose, after the robbery, the four took turns in raping the three daughters inside the
house, and, to prevent identification, killed the whole family just before they left. What
Domingo is the caretaker of two (2) cows and two (2) horses owned by Hannibal. Hannibal crime or crimes, if any, did the four malefactors commit? (2.5%)
told Domingo to lend the cows to Tristan on the condition that the latter will give a goat to
the former when the cows are returned. Instead, Tristan sold the cows and pocketed the XVI
money. Due to the neglect of Domingo, one of the horses was stolen. Knowing that he will be
blamed for the loss, Domingo slaughtered the other horse, got the meat, and sold it to A is the president of the corporate publisher of the daily tabloid, Bulgar; B is the managing
Pastor. He later reported to Hannibal that the two horses were stolen. editor; and C is the author/writer. In his column, Direct Hit, C wrote about X, the head
examiner of the BIR-RDO Manila as follows:
[a] What crime or crimes, if any, did Tristan commit? Explain. (2.5%)
"Itong si X ay talagang BUWAYA kaya ang logo ng Lacoste T shirt niya ay napaka suwapang
[b] What crime or crimes, if any, were committed by Domingo? Explain. (2.5%) na buwaya. Ang nickname niya ay si Atty. Buwaya. Ang PR niya ay 90% sa bayad ng taxpayer
at ang para sa RP ay 10% lang. Kaya ang baba ng collection ng RDO niya. Masyadong
XIV magnanakaw si X at dapat tanggalin itong bundat na bundat na buwaya na ito at napakalaki
na ng kurakot."
Dimas was arrested after a valid buy-bust operation. Macario, the policeman who acted as
poseur-buyer, inventoried and photographed ten (10) sachets of shabu in the presence of A, B and C were charged with libel before the RTC of Manila. The three (3) defendants argued
a barangay tanod. The inventory was signed by Macario and the tanod, but Dimas refused to that the article is within the ambit of qualified privileged communication; that there is no
sign. As Macario was stricken with flu the day after, he was able to surrender the sachets to malice in law and in fact; and, that defamatory comments on the acts of public officials which
the PNP Crime Laboratory only after four (4) days. During pre-trial, the counsel de oficio of are related to the discharge of their official duties do not constitute libel.
Dimas stipulated that the substance contained in the sachets examined by the forensic
chemist is in fact methamphetamine hydrochloride or shabu. Dimas was convicted of Was the crime of libel committed? If so, are A, B, and C all liable for the crime? Explain. (5%)
violating Section 5 of RA 9165. On appeal, Dimas questioned the admissibility of the evidence
because Macario failed to observe the requisite "chain of custody" of the XVII
alleged "shabu" seized from him. On behalf of the State, the Solicitor General claimed that
Braulio invited Lulu, his 11-year old stepdaughter, inside the master bedroom. He pulled out
despite non-compliance with some requirements, the prosecution was able to show that the
a knife and threatened her with harm unless she submitted to his desires. He was touching
integrity of the substance was preserved. Moreover, even with some deviations from the
her chest and sex organ when his wife caught him in the act. The prosecutor is unsure
requirements, the counsel of Dimas stipulated that the substance seized from Dimas
whether to charge Braulio for acts of lasciviousness under Art. 336 of the RPC; for lascivious
was shabu so that the conviction should be affirmed.
conduct under RA 7610 (Special Protection against Child Abuse, Exploitation and
[a] What is the "chain of custody" requirement in drug offenses? (2.5%) Discrimination Act); or for rape under Art. 266-A of the RPC. What is the crime committed?
Explain. (5%)
[b] Rule on the contention of the State. (2.5%)
XVIII
XV
Lina worked as a housemaid and yaya of the one-week old son of the spouses John and
Pedro, Pablito, Juan and Julio, all armed with bolos, robbed the house where Antonio, his Joana. When Lina learned that her 70-year old mother was seriously ill, she asked John for a
wife, and three (3) daughters were residing. While the four were ransacking Antonio's house, cash advance of P20,000.00, but the latter refused. In anger, Lina gagged the mouth of the
Julio noticed that one of Antonio's daughters was trying to escape. He chased and caught up child with stockings, placed him in a box, sealed it with masking tape, and placed the box in
with her at a thicket somewhat distant from the house, but before bringing her back, raped the attic. Lina then left the house and asked her friend Fely to demand a P20,000.00 ransom
her. for the release of the spouses' child to be paid within twenty-four hours. The spouses did not
pay the ransom. After a couple of days, John discovered the box in the attic with his child
[a] What crime or crimes, if any, did Pedro, Pablito, Juan and Julio commit? Explain. (2.5%) already dead. According to the autopsy report, the child died of asphyxiation barely minutes
after the box was sealed. surrendered the next day to the police, admitting the crimes he committed.

What crime or crimes, if any, did Lina and Fely commit? Explain. (5%) As the RTC judge, decide what crime or crimes were committed by A, X, Y and Z, and what
mitigating and aggravating circumstances will be applied in imposing the penalty. Explain.
XIX (5%)

Romeo and Julia have been married for twelve (12) years and had two (2) children. The first -END-
few years of their marriage went along smoothly. However, on the fifth year onwards, they
would often quarrel when Romeo comes home drunk. The quarrels became increasingly
violent, marked by quiet periods when Julia would leave the conjugal dwelling. During these
times of quiet, Romeo would "court" Julia with flowers and chocolate and convince her to
return home, telling her that he could not live without her; or Romeo would ask Julia to
forgive him, which she did, believing that if she humbled herself, Romeo would change. After 2016 BAR EXAMINATIONS
a month of marital bliss, Romeo would return to his drinking habit and the quarrel would
CIVIL LAW
start again, verbally at first, until it would escalate to physical violence.

One night, Romeo came home drunk and went straight to bed. Fearing the onset of another November 13, 2016 8:00 A.M. - 12:00 P.M.
violent fight, Julia stabbed Romeo while he was asleep. A week later, their neighbors
discovered Romeo's rotting corpse on the marital bed. Julia and the children were nowhere INSTRUCTIONS
to be found. Julia was charged with parricide. She asserted "battered woman's syndrome" as
her defense. 1. This Questionnaire contains eight (8) pages. Check the number of pages and make sure it
has the correct number of pages and their proper numbers.
[a] Explain the "cycle of violence." (2.5%)
All the items have to be answered within/our (4) hours. Since there are twenty (20)
[b] Is Julia's "battered woman's syndrome" defense meritorious? Explain. (2.5%) questions, you have 12 minutes to answer each question, and 6 minutes to answer each sub-
question. You may write on the Questionnaire for notes relating to the questions.
XX
Read each question very carefully and write your answers in your Bar Examination
A, an OFW, worked in Kuwait for several years as a chief accountant, religiously sending to
Notebook in the same order the questions are posed. Write your answers only on the front of
his wife, B, 80% of all his earnings. After his stint abroad, he was shocked to know that B
every sheet in your Notebook. If not sufficient then start with the back page of the first sheet
became the paramour of a married man, C, and that all the monies he sent to B were given
and thereafter. Note well the allocated percentage points for each number, question, or sub-
by her to C. To avenge his honor, A hired X, Y and Z and told them to kidnap C and his wife, D,
question. In your answers, use the numbering system in the questionnaire.
so that he can inflict injuries on C to make him suffer, and humiliate him in front of his wife.
X, Y and Z were paid P20,000.00 each and were promised a reward of P50,000.00 each once 2. Answer the Essay questions legibly, clearly, and concisely. Start each number on a separate
the job is done. page. An answer to a sub-question under the same number may be written continuously on
the same page and the immediately succeeding pages until completed.
At midnight, A, with the fully armed X, Y and Z, forcibly opened the door and gained entrance
to the house of C and D. C put up a struggle before he was subdued by A's group. They Your answer should demonstrate your ability to analyze the facts, apply the pertinent laws
boarded C and D in a van and brought the two to a small hut in a farm outside Metro Manila. and jurisprudence, and arrive at a sound or logical conclusion. Always support your answer
Both hands of C and D were tied. With the help of X, Y and Z, A raped D in front of C. X, Y and with the pertinent laws, rules, jurisprudence, and the facts.
Z then took turns in raping D, and subjected C to torture until he was black and blue and
bleeding profusely from several stab wounds. A and his group set the hut on fire before A mere "Yes" or "No" answer without any corresponding explanation or discussion will not
leaving, killing both C and D. X, Y and Z were paid their reward. Bothered by his conscience, A be given full credit. Thus, always briefly but fully explain your answers although the question
does not expressly ask for an explanation. You do not need to re-write or repeat the question
in your Notebook. III

3. Make sure you do not write your name or any extraneous note/s or distinctive Romeo and Juliet, both Filipinos, got married. After a few years, Juliet got word from her
marking/son your Notebook that can serve as an identifying mark/s (such as names that are mother that she can go to the United States for naturalization. Juliet promised she will be
not in the given questions, prayers, or private notes to the Examiner). Writing, leaving, or back the moment she becomes an American. After sometime, Romeo learned from a friend
making any distinguishing or identifying mark in the exam Notebook is considered cheating that Juliet already became a U.S. citizen and even divorced him to marry a wealthy American
and can disqualify you. businessman. Romeo filed a petition before the Regional Trial Court praying that an order be
issued authorizing him to remarry pursuant to Article 26 of the Family Code. Decide the
YOU CAN BRING HOME THE QUESTIONNAIRE. petition with reasons. (5%)

JUSTICE PRESBITERO J. VELASCO, JR. IV


Chairman
2016 Bar Examinations Leo married Lina and they begot a son. After the bitth of their child, Lina exhibited unusual
behavior and started to neglect her son; she frequently went out with her friends and
I gambled in casinos. Lina later had extra-marital affairs with several men and eventually
abandoned Leo and their son. Leo was able to talk to the psychiatrist of Lina who told him
Section 1 of P.D. No. 755 states:
that Lina suffers from dementia praecox, a form of psychosis where the afflicted person is
prone to commit homicidal attacks. Leo was once stabbed by Lina but fortunately he only
"Section 1. Declaration of National Policy. - It is hereby declared that the policy of the State is
suffered minor injuries. Will a Petition for Declaration of Nullity of Marriage filed with the
to provide readily available credit facilities to the coconut farmers at preferential rates; that
court prosper? Explain. (5%)
this policy can be expeditiously and efficiently realized by the implementation of the
'Agreement for the Acquisition of a Commercial Bank for the Benefit of the Coconut Farmers'
V
executed by the Philippine Coconut Authority, the terms of which 'Agreement' are hereby
incorporated by reference; x x x" Bernard and Dorothy lived together as common-law spouses although they are both
capacitated to marry. After one year of cohabitation, Dorothy went abroad to work in Dubai
A copy of the Agreement was not attached to the Presidential Decree.
as a hair stylist and regularly sent money to Bernard. With the money, Bernard bought a lot.
For a good price, Bernard sold the lot. Dorothy came to know about the acquisition and sale
P.D. No. 755 was published in the Official Gazette but the text of the Agreement described in
of the lot and filed a suit to nullify the sale because she did not give her consent to the sale.
Section 1 was not published. Can the Agreement in question be accorded the status of a law?
Explain. (5%)
[a] Will Dorothy's suit prosper? Decide with reasons. (2.5%)
II
[b] Suppose Dorothy was jobless and did not contribute money to the acquisition of the lot
and her efforts consisted mainly in the care and maintenance of the family and household, is
With regard to an award of interest in the concept of actual and compensatory damages,
her consent to the sale a prerequisite to its validity? Explain. (2.5%)
please state the guidelines regarding the manner of computing legal interest in the following
situations:
VI
[a) when the obligation is breached and it consists in the payment of a sum of money like a
Pedro bought a parcel of land described as Cadastral Lot No. 123 and the title was issued to
loan or forbearance of money; (2.5%)
his name. Juan also bought a lot in the same place, which is described as Cadastral Lot No.
124. Pedro hired a geodetic engineer to determine the actual location of Lot No. 123 but for
[b] when the obligation does not constitute a loan or forbearance of money. (2.5%)
some reason, the engineer pointed to Lot No. 124 by mistake. Pedro hired a contractor to
Consider the issuance of BSP-MB Circular No. 799, which became effective on July 1, 2013. construct his house and the latter put up a sign stating the name of the owner of the project
and the construction permit number. It took more than a year before the house was
constructed. When Pedro was already residing in his house, Juan told him to remove his
house because it was built on his (Juan's) lot. to sell and the proceeds to be credited to the loan as payment. Was the obligation of Butch
extinguished by reason of dacion en pago upon the surrender of the SUVs? Decide and
Juan filed a Complaint for Recovery of Possession and prayed that the house be removed explain. (5%)
because Pedro is a builder in bad faith. Pedro filed his Answer with Counterclaim that he is
entitled to the payment of the value of the house plus damages because he is a builder in X
good faith and that Juan is guilty of estoppel and laches.
Jerico, the project owner, entered into a Construction Contract with Ivan for the latter to
[a] If Pedro is a builder in good faith, what are the rights given to Juan under the law? construct his house. Jojo executed a Surety undertaking to guarantee the performance of the
Explain. (2.5%) work by Ivan. Jerico and Ivan later entered into a Memorandum of Agreement (MOA)
revising the work schedule of Ivan and the subcontractors. The MOA stated that all the
[b] If Pedro is a builder in bad faith, what are the rights given to Juan under the law? Explain. stipulations of the original contract not in conflict with said agreement shall remain valid and
(2.5%) legally effective. Jojo filed a suit to declare him relieved of his undertaking as a result of the
MOA because of the change in the work schedule. Jerico claims there is no novation of the
VII
Construction Contract. Decide the case and explain. (5%)
Benjamin is the owner of a titled lot which is bounded on the north by the Maragondon
XI
River. An alluvial deposit of two (2) hectares was added to the registered area. Daniel took
possession of the portion formed by accretion and claims that he has been in open, Ellen entrusted her title over the lot where she is residing to Patrick, her nephew, for
continuous and undisturbed possession of said portion since 1923 as shown by a tax safekeeping because of her poor eyesight. Patrick, a gambler, prepared a Special Power of
declaration. In 1958, Benjamin filed a Complaint for Quieting of Title and contends that the Attorney empowering him to mortgage the lot. Ellen's signature was forged. With the help of
alluvium belongs to him as the riparian owner and that since the alluvium is, by law, part and Julia who represented herself as Ellen, Mega Bank granted a loan to Patrick secured by a
parcel of the registered property, the same may be considered as registered property. Decide mortgage on Ellen's lot. Due to non-payment, Mega Bank foreclosed the mortgage and was
the case and explain. (5%) declared the highest bidder. Title was later registered in the name of the bank. When Ellen
was notified that she should vacate the premises, she filed a complaint to nullify the loan
VIII
with mortgage, the auction sale and the title of Mega Bank on the ground that the bank is
not a mortgagee in good faith. Decide the case with reasons. (5%)
Joven and Juliana are the owners of a 30-hectare plantation in Cotabato, covered by a title.
One day, a group of armed men forcibly entered their house and, at gun point, forced them
XII
to sign a Deed of Absolute Sale in favor of Romeo. Romeo got the title from them and they
were ejected from the house and threatened not to come back or else they will be killed. The On March 13, 2008, Ariel entered into a Deed of Absolute Sale (DAS) with Noel where the
spouses went to Manila and resided there for more than 35 years. They never went back to former sold his titled lot in Quezon City with an area of three hundred (300) square meters to
Cotabato for fear of their lives. Word came to them that peace and order have been restored the latter for the price of P300,000.00. The prevailing market value of the lot was P3,000.00
in their former place of residence and they decided to reclaim their land for the benefit of per square meter. On March 20, 2008, they executed another "Agreement To Buy
their grandchildren. Joven and Juliana filed a suit for reconveyance of their property. This Back/Redeem Property" where Ariel was given an option to repurchase the property on or
was opposed by the grandson of Romeo to whom the title was eventually transferred, on the before March 20, 2010 for the same price. Ariel, however, remained in actual possession of
ground of laches and prescription. Decide the case and rule on the defenses of laches and the lot. Since Noel did not pay the taxes, Ariel paid the real property taxes to avoid a
prescription. Explain your answer. (5%) delinquency sale.

IX On March 21, 2010, Ariel sent a letter to Noel, attaching thereto a manager's check for
P300,000.00 manifesting that he is redeeming the property. Noel rejected the redemption
Butch got a loan from Hagibis Corporation (Hagibis) but he defaulted in the payment. A case
claiming that the DAS was a true and valid sale representing the true intent of the parties.
for collection of a sum of money was filed against him. As a defense, Butch claims that there
Ariel filed a suit for the nullification of the DAS or the reformation of said agreement to that
was already an arrangement with Hagibis on the payment of the loan. To implement the
of a Loan with Real Estate Mortgage. He claims the DAS and the redemption agreement
same, Butch already surrendered five (5) service utility vehicles (SUVs) to the company for it
constitute an equitable mortgage. Noel however claims it is a valid sale with pacto de rescission.
retro and Ariel clearly failed to redeem the property.
Paul did not reply to this letter for five (5) years. Thus, Peter decided to sell his lot to Henry in
As the RTC judge, decide the case with reasons. (5%) 2021. After hearing that Henry bought the lot, Paul now questions the sale of the lot to
Henry and files a complaint for nullification of the sale.
XIII
[a] Is the exercise by Peter of his power to rescind extra-judicially the Contract to Sell the
Peter, a resident of Cebu City, sent through Reliable Pera Padala (RPP) the amount of proper and legal way of rescinding said contract? Explain. (2.5%)
P20,000.00 to his daughter, Paula, for the payment of her tuition fee. Paula went to an RPP
branch but was informed that there was no money remitted to her name. Peter inquired [b] In case Paul made a downpayment pursuant to a stipulation in the Contract to Sell, what
from RPP and was informed that there was a computer glitch and the money was credited to is the legal remedy of Peter? (2.5%)
another person. Peter and Paula sued RPP for actual damages, moral damages and
exemplary damages. The trial court ruled that there was no proof of pecuniary loss to the XVI
plaintiffs but awarded moral damages of P20,000.00 and exemplary damages of P5,000.00.
Don Ricardo had 2 legitimate children - Tomas and Tristan. Tristan has 3 children. Meanwhile,
On appeal, RPP questioned the award of moral and exemplary damages. Is the trial court
Tomas had a relationship with Nancy, who was also single and had the legal capacity to
correct in awarding moral and exemplary damages? Explain. (5%)
marry. Nancy became pregnant and gave birth to Tomas, Jr. After the birth of Tomas, Jr., his
XIV father, Tomas, died. Later, Don Ricardo died without a will and Tristan opposed the motion of
Tomas, Jr. to be declared an heir of the deceased since he is an illegitimate child. Tomas, Jr.
On February 28, 1998, Arthur filed an application for registration of title of a lot in Temate, countered that Article 992 of the Civil Code is unconstitutional for violation of the equal
Cavite before the Regional Trial Court of Naic, Cavite under Section 48(b) of Commonwealth protection of the laws. He explained that an illegitimate child of an illegitimate parent is
Act No. 141 (CA 141) for judicial confirmation ofimperfect title. Section 48(b) of CA 141 allowed to inherit under Articles 902, 982 and 990 of the Civil Code while he - an illegitimate
requires possession counted from June 12, 1945. Arthur presented testimonial and child of a legitimate father - cannot. Civil Law commentator Arturo Tolentino opined that
documentary evidence that his possession and that of his predecessors-ininterest started in Article 992 created an absurdity and committed an injustice because while the illegitimate
1936. The lot was declared alienable and disposable (A and D) in 1993 based on a PENRO descendant of an illegitimate child can represent, the illegitimate descendant of a legitimate
certification and a certified true copy of the original classification made by the DENR child cannot. Decide the case and explain. (5%)
Secretary. The government opposed the application on the ground that the lot was certified
A and D only in 1993 while the application was instituted only in 1998. Arthur's possession of XVII
five (5) years from the date of declaration does not comply with the 30-year period required
Macario bought a titled lot from Ramon, got the title and took possession of the lot. Since
under CA 141. Should the possession of Arthur be reckoned from the date when the lot was
Macario did not have the money to pay the taxes, fees and registration expenses, he was not
declared A and D or from the date of actual possession of the applicant? Explain. (5%)
able to register the Deed of Absolute Sale. Upon advice, he merely executed an Affidavit of
XV Adverse Claim and had it annotated at the back of the title. A few years after, he received a
Notice of Levy on Attachment and Writ of Execution in favor of Alex. The notice, writ and
Peter and Paul entered into a Contract to Sell whereby Peter, the lot owner, agreed to sell to certificate of sale were annotated at the back of the title still in Ramon's name. Alex
Paul his lot on November 6, 2016 for the price of Pl ,000,000.00 to be paid at the residence of contends that since the Affidavit of Adverse Claim is effective only for 30 days from the date
Peter in Makati City at 1 :00 p.m. If the full price is paid in cash at the specified time and of its registration, then its validity has expired. Macario posits that the annotation of his
place, then Peter will execute a Deed of Absolute Sale and deliver the title to Paul. adverse claim is notice to the whole world of his purchase of the lot in question. Who has the
superior right over the disputed property - Macario or Alex? Explain. (5%)
On November 6, 2016, Paul did not show up and was not heard of from that date on. In view
of the nonperformance by Paul of his obligation, Peter sent a letter to Paul that he is XVIII
expressly and extra-judicially declaring the Contract to Sell rescinded and of no legal and
binding effect. Peter further stated that failure on the part of Paul to contest the rescission Dr. Jack, a surgeon, holds clinic at the St. Vincent's Hospital and pays rent to the hospital. The
within thirty (30) days from receipt of said letter shall mean that the latter agreed to the fees of Dr. Jack are paid directly to him by the patient or through the cashier of the hospital.
The hospital publicly displays in the lobby the names and specializations of the doctors intestate. The lot given to Pepito by Onofre was inherited by his father, Mark. Mark also died
associated or accredited by it, including that of Dr. Jack. Marta engaged the services of Dr. intestate. Lonely, Princess followed Mark to the life beyond. The claimants to the subject lot
Jack because of recurring stomach pain. It was diagnosed that she is suffering from cancer emerged - Jojo, the father of Princess; Victor, the father of Mark; and Jerico, the father of
and had to be operated on. Before the operation, she was asked to sign a "consent for Roberto.
hospital care," which reads:
Who among the three (3) ascendants is entitled to the lot? Explain. (5%)
"Permission is hereby given to the medical, nursing and laboratory staff of the St. Vincent's
Hospital to perform such procedures and to administer such medications and treatments as -END-
may be deemed necessary or advisable by the physicians of this hospital for and during the
confinement."

After the surgery, the attending nurses reported that two (2) sponges were missing. Later,
Marta died due to complications brought about by the sponges that were left in her stomach.
The husband of Marta sued the hospital and Dr. Jack for damages arising from negligence in
the medical procedure. The hospital raised the defense that Dr. Jack is not its employee as it
did not hire Dr. Jack nor pay him any salary or compensation. It has absolutely no control
over the medical services and treatment being provided by Dr. Jack. Dr. Jack even signed an
agreement that he holds the hospital free and harmless from any liability arising from his
medical practice in the hospital.

Is St. Vincent's Hospital liable for the negligence of Dr. Jack? Explain your answer. (5%)

XIX

Brad and Angelina had a secret marriage before a pastor whose office is located in Arroceros
Street, City of Manila. They paid money to the pastor who took care of all the
documentation. When Angelina wanted to go to the U.S., she found out that there was no
marriage license issued to them before their marriage. Since their marriage was solemnized
in 1995 after the effectivity of the Family Code, Angelina filed a petition for judicial
declaration of nullity on the strength of a certification by the Civil Registrar of Manila that,
after a diligent and exhaustive search, the alleged marriage license indicated in the marriage
certificate does not appear in the records and cannot be found.

[a] Decide the case and explain. (2.5%)

[b] In case the marriage was solemnized in 1980 before the effectivity of the Family Code, is
it required that a judicial petition be filed to declare the marriage null and void? Explain.
(2.5%)

XX

Princess married Roberto and bore a son, Onofre. Roberto died in a plane crash. Princess
later married Mark and they also had a son - Pepito. Onofre donated to Pepito, his half-
brother, a lot in Makati City worth P3,000,000.00. Pepito succumbed to an illness and died