BAR EXAMINATION 2010 CIVIL LAW III

1. The will is invalidated 2. The will is valid and effective 3. The legacy given to Bs child is not valid

12 September 2010 CIVIL LAW I True or False. a.

8 A.M. 12 NN.

Define, Enumerate or Explain. (2% each) a. b. c. What is the difference between "guaranty" and "suretyship"? Define quasi tort. Who are the persons liable under quasi torts and what are the defenses available to them? Give at least two reasons why a court may assume jurisdiction over a conflict of laws case.

b.

Under Article 26 of the Family Code, when a foreign spouse divorces his/her Filipino spouse, the latter may re-marry by proving only that the foreign spouse has obtained a divorce against her or him abroad. (1%) X, a widower, died leaving a will stating that the house and lot where he lived cannot be partitioned for as long as the youngest of his four children desires to stay there. As coheirs and co-owners, the other three may demand partition anytime. (1%)

IV 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. b. If G gives the surname of B to her daughter by another man, what can B do to protect their legitimate children's interests? Explain. (5%) If B acquiesces to the use of his surname by Gs daughter by another man, what is/are the consequence/s? Explain. (5%)

II Multiple choice. a. A had a 4-storey building which was constructed by Engineer B. After five years, the building developed cracks and its stairway eventually gave way and collapsed, resulting to injuries to some lessees. Who should the lessees sue for damages? (1%) 1. A, the owner 2. B, the engineer 3. both A & B O, owner of Lot A, learning that Japanese soldiers may have buried gold and other treasures at the adjoining vacant Lot B belonging to spouses X & Y, excavated in Lot B where she succeeded in unearthing gold and precious stones. How will the treasures found by O be divided? (1%) 1. 100% to O as finder 2. 50% to O and 50% to the spouses X and Y 3. 50% to O and 50% to the state 4. None of the above A executed a Deed of Donation in favor of B, a bachelor, covering a parcel of land valued at P1 million. B was, however, out of the country at the time. For the donation to be valid, (1%) 1. B may e-mail A accepting the donation. 2. The donation may be accepted by Bs father with whom he lives. 3. B can accept the donation anytime convenient to him. 4. Bs mother who has a general power of attorney may accept the donation for him. 5. None of the above is sufficient to make Bs acceptance valid A executed a 5-page notarial will before a notary public and three witnesses. All of them signed each and every page of the will. One of the witnesses was B, the father of one of the legatees to the will. What is the effect of B being a witness to the will? (1%)

V G filed on July 8, 2000 a petition for declaration of nullity of her marriage to B. During the pendency of the case, the couple entered into a compromise agreement to dissolve their absolute community of property. B ceded his right to their house and lot and all his shares in two business firms to G and their two children, aged 18 and 19. B also opened a bank account in the amount of P3 million in the name of the two children to answer for their educational expenses until they finish their college degrees. For her part, G undertook to shoulder the day-to-day living expenses and upkeep of the children. The Court approved the spouses agreement on September 8, 2000. a. Suppose the business firms suffered reverses, rendering G unable to support herself and the children. Can G still ask for support pendente lite from B? Explain. (3%) Suppose in late 2004 the two children had squandered the P3 million fund for their education before they could obtain their college degrees, can they ask for more support from B? Explain. (3%)

b.

c.

b.

VI Gigolo entered into an agreement with Majorette for her to carry in her womb his baby via in vitro fertilization. Gigolo undertook to underwrite Majorettes pre-natal expenses as well as those attendant to her delivery. Gigolo would thereafter pay Majorette P2 million and, in return, she would give custody of the baby to him. After Majorette gives birth and delivers the baby to Gigolo

d.

following her receipt of P2 million, she engages your services as her lawyer to regain custody of the baby. a. b. c. d. What legal action can you file on behalf of Majorette? Explain. (2.5%) Can Gigolo demand from Majorette the return of the P2 million if he returns the baby? Explain. (2.5%) Who of the two can exercise parental authority over the child? Explain. (2.5%) Is the child entitled to support and inheritance from Gigolo? Explain. (2.5%)

couple acquired a residential lot in Paraaque. After four (4) years or in 2001, G having completed her 4-year college degree as a fulltime student, she and B contracted marriage without a license. The marriage of B and G was, two years later, declared null and void due to the absence of a marriage license. a. b. If you were the judge who declared the nullity of the marriage, to whom would you award the lot? Explain briefly. (3%) Is Venus legitimate, illegitimate, or legitimated? Explain briefly. (3%)

VII G and B were married on July 3, 1989. On March 4, 2001, the marriage, which bore no offspring, was declared void ab initio under Article 36 of the Family Code. At the time of the dissolution of the marriage, the couple possessed the following properties: XI

a. b.

a house and lot acquired by B on August 3, 1988, one third (1/3) of the purchase price (representing downpayment) of which he paid; one third (1/3) was paid by G on February 14, 1990 out of a cash gift given to her by her parents on her graduation on April 6, 1989; and the balance was paid out of the spouses joint income; and an apartment unit donated to B by an uncle on June 19, 1987. Who owns the foregoing properties? Explain. (5%) If G and B had married on July 3, 1987 and their marriage was dissolved in 2007, who owns the properties? Explain. (5%)

The spouses Peter and Paula had three (3) children. Paula later obtained a judgment of nullity of marriage. Their absolute community of property having been dissolved, they delivered P1 million to each of their 3 children as their presumptive legitimes. Peter later re-married and had two (2) children by his second wife Marie. Peter and Marie, having successfully engaged in business, acquired real properties. Peter later died intestate. a. b. Who are Peters legal heirs and how will his estate be divided among them? (5%) What is the effect of the receipt by Peters 3 children by his first marriage of their presumptive legitimes on their right to inherit following Peters death? (5%)

XII On May 5, 1989, 16-year old Rozanno, who was issued a student permit, drove to school a car, a gift from his parents. On even date, as his class was scheduled to go on a field trip, his teacher requested him to accommodate in his car, as he did, four (4) of his classmates because the van rented by the school was too crowded. On the way to a museum which the students were scheduled to visit, Rozanno made a wrong maneuver, causing a collision with a jeepney. One of his classmates died. He and the three (3) others were badly injured. a. b. c. Who is liable for the death of Rozannos classmate and the injuries suffered by Rozanno and his 3 other classmates? Explain. (2%) How about the damage to the jeepney? Explain. (2%) Under the same facts, except the date of occurrence of the incident, this time in mid-1994, what would be your answer? Explain. (2%)

VIII Spouses Rex and Lea bore two children now aged 14 and 8. During the subsistence of their marriage, Rex begot a child by another woman. He is now 10 years of age. On Leas discovery of Rexs fathering a child by another woman, she filed a petition for legal separation which was granted. Rex now wants to adopt his illegitimate child. a. b. Whose consent is needed for Rexs adoption of his illegitimate child? (2.5%) If there was no legal separation, can Rex still adopt his illegitimate child? Explain. (2.5%)

IX Eighteen-year old Filipina Patrice had a daughter out of wedlock whom she named Laurie. At 26, Patrice married American citizen John who brought her to live with him in the United States of America. John at once signified his willingness to adopt Laurie. Can John file the petition for adoption? If yes, what are the requirements? If no, why? (5%) X In 1997, B and G started living together without the benefit of marriage. The relationship produced one offspring, Venus. The

XIII Franz was the owner of Lot E which was surrounded by four (4) lots one of which Lot C he also owned. He promised Ava that if she bought Lot E, he would give her a right of way in Lot C. Convinced, Ava bought Lot E and, as promised, Franz gave her a right of way in Lot C. Ava cultivated Lot E and used the right of way granted by Franz. Ava later found gainful employment abroad. On her return

after more than 10 years, the right of way was no longer available to her because Franz had in the meantime sold Lot C to Julia who had it fenced. a. b. Does Ava have a right to demand from Julia the activation of her right of way? Explain. (2.5%) Assuming Ava opts to demand a right of way from any of the owners of Lots A, B, and D, can she do that? Explain. (2.5%)

BAR EXAMINATION 2010 POLITICAL LAW

POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

XIV Primo owns a pet iguana which he keeps in a man-made pond enclosed by a fence situated in his residential lot. A typhoon knocked down the fence of the pond and the iguana crawled out of the gate of Primos residence. N, a neighbor who was passing by, started throwing stones at the iguana, drawing the iguana to move toward him. N panicked and ran but tripped on something and suffered a broken leg. Is anyone liable for Ns injuries? Explain. (4%) XV A, B, and C entered into a partnership to operate a restaurant business. When the restaurant had gone past break-even stage and started to garner considerable profits, C died. A and B continued the business without dissolving the partnership. They in fact opened a branch of the restaurant, incurring obligations in the process. Creditors started demanding for the payment of their obligations. a. b. XVI X was the owner of an unregistered parcel of land in Cabanatuan City. As she was abroad, she advised her sister Y via overseas call to sell the land and sign a contract of sale on her behalf. Y thus sold the land to B1 on March 31, 2001 and executed a deed of absolute sale on behalf of X. B1 fully paid the purchase price. B2, unaware of the sale of the land to B1, signified to Y his interest to buy it but asked Y for her authority from X. Without informing X that she had sold the land to B1, Y sought X for a written authority to sell. X e-mailed Y an authority to sell the land. Y thereafter sold the land on May 1, 2001 to B2 on monthly installment basis for two years, the first installment to be paid at the end of May 2001. Who between B1 and B2 has a better right over the land? Explain. (5%) NOTHING FOLLOWS. Who are liable for the settlement of the partnerships obligations? Explain? (3%) What are the creditors recourse/s? Explain. (3%)

PART I I The dictatorial regime of President A of the Republic of Gordon was toppled by a combined force led by Gen. Abe, former royal guards and the secessionist Gordon Peoples Army. The new government constituted a Truth and Reconciliation Commission to look into the serious crimes committed under President As regime. After the hearings, the Commission recommended that an amnesty law be passed to cover even those involved in mass killings of members of indigenous groups who opposed President A. International human rights groups argued that the proposed amnesty law is contrary to international law. Decide with reasons. (4%) II Compare and contrast the jurisdiction of the International Criminal Court and International Court of Justice. (3%) III A, a British photojournalist, was covering the violent protests of the Thai Red-Shirts Movement in Bangkok. Despite warnings given by the Thai Prime Minister to foreigners, specially journalists, A moved around the Thai capital. In the course of his coverage, he was killed with a stray bullet which was later identified as having come from the ranks of the RedShirts. The wife of A sought relief from Thai authorities but was refused assistance. a. Is there state responsibility on the part of Thailand? (2%) What is the appropriate remedy available to the victims family under international law? (3%)

b.

IV Choose the statement which appropriately completes the opening phrase: A State which resorts to retorsion in international law a. b. c. d. must ensure that all states consent to its act. cannot curtail migration from the offending state. can expel the nationals of the offending state. should apply proportionate appreciable limit. None of the above. response within

e.

Explain your answer. (2%) V Congresswoman A is a co-owner of an industrial estate in Sta. Rosa, Laguna which she had declared in her Statement of Assets and Liabilities. A member of her political party authored a bill which would provide a 5-year development plan for all industrial estates in the Southern Tagalog Region to attract investors. The plan included an appropriation of 2 billion pesos for construction of roads around the estates. When the bill finally became law, a civil society watchdog questioned the constitutionality of the law as it obviously benefitted Congresswoman As industrial estate. Decide with reasons. (3%) VI The Poverty Alleviation and Assistance Act was passed to enhance the capacity of the most marginalized families nationwide. A financial assistance scheme called conditional cash transfers was initially funded 500 million pesos by Congress. One of the provisions of the law gave the JointCongressional Oversight Committee authority to screen the list of beneficiary families initially determined by the Secretary of Department of Social Welfare and Development pursuant to the Department implementing rules. Mang Pandoy, a resident of Smokey Mountain in Tondo, questioned the authority of the Committee. a. Does Mang Pandoy have legal standing to question the law?(2%) Is the grant of authority to the Oversight Committee to screen beneficiaries constitutional? (3%)

into Philippine territory. The chancellor of CLSU argued that the instruction violates the Constitution. Decide with reasons. (4%) X A, the wife of an alleged victim of enforced disappearance, applied for the issuance of a Writ of Amparo before a Regional Trial Court in Tarlac. Upon motion of A, the court issued inspection and production orders addressed to the AFP Chief of Staff to allow entry at Camp Aquino and permit the copying of relevant documents, including the list of detainees, if any. Accompanied by court-designated Commission on Human Rights (CHR) lawyers, A took photographs of a suspected isolation cell where her husband was allegedly seen being held for three days and tortured before he finally disappeared. The CHR lawyers requested one Lt. Valdez for a photocopy of the master plan of Camp Aquino and to confirm in writing that he had custody of the master plan. Lt. Valdez objected on the ground that it may violate his right against self-incrimination. Decide with reasons. (4%) XI Which statement best completes the following phrase: (1%) Freedom from torture is a right a. subject to derogation threatened. when national security is

b. c.

confined only during custodial investigation. which is non-derogable both during peacetime and in a situation of armed conflict. both (a) and (b) none of the above.

b.

Decide with reasons. VII True or False. a. A proclamation of a state of emergency is sufficient to allow the President to take over any public utility. (0.5%) A treaty which provides tax exemption needs no concurrence by a majority of all the Members of the Congress. (0.5%) XII

d. e.

b.

VIII Distinguish presidential communications deliberative process privilege. (3%) IX The League of Filipino Political Scientists (LFPS) organized an international conference on the human rights situation in Myanmar at the Central Luzon State University (CLSU). An exiled Myanmar professor Sung Kui, critical of the military government in Myanmar, was invited as keynote speaker. The Secretary of Foreign Affairs informed the President of the regional and national security implications of having Prof. Kui address the conference. The President thereupon instructed the immigration authorities to prevent the entry of Prof. Kui privilege from

A witnessed two hooded men with baseball bats enter the house of their next door neighbor B. After a few seconds, he heard B shouting, Huwag Pilo babayaran kita agad. Then A saw the two hooded men hitting B until the latter fell lifeless. The assailants escaped using a yellow motorcycle with a fireball sticker on it toward the direction of an exclusive village nearby. A reported the incident to PO1 Nuval. The following day, PO1 Nuval saw the motorcycle parked in the garage of a house at Sta. Ines Street inside the exclusive village. He inquired with the caretaker as to who owned the motorcycle. The caretaker named the brothers Pilo and Ramon Maradona who were then outside the country. PO1 Nuval insisted on getting inside the garage. Out of fear, the caretaker allowed him. PO1 Nuval took 2 ski masks and 2 bats beside the motorcycle. Was the search valid? What about the seizure? Decide with reasons. (4%) XIII True or False. a. A valid and definite offer to buy a property is a prerequisite to expropriation initiated by a local government unit. (0.5%)

b.

Re-classification of land by a local government unit may be done through a resolution. (0.5%) Boundary disputes between and among municipalities in the same province may be filed immediately with the Regional Trial Court. (0.5%) The Metropolitan Manila Development Authority is authorized to confiscate a drivers license in the enforcement of traffic regulations. (0.5%)

c.

d.

During his campaign sortie in Barangay Salamanca, Mayor Galicia was arrested at a PNP checkpoint for carrying highpowered firearms in his car. He was charged and convicted for violation of the COMELEC gun ban. He did not appeal his conviction and instead applied for executive clemency. Acting on the favorable recommendation of the Board of Pardons and Parole, the President granted him pardon. Is he eligible to run again for an elective position? Explain briefly. (5%) XVIII The House Committee on Appropriations conducted an inquiry in aid of legislation into alleged irregular and anomalous disbursements of the Countrywide Development Fund (CDF) and Congressional Initiative Allocation (CIA) of Congressmen as exposed by X, a Division Chief of the Department of Budget and Management (DBM). Implicated in the questionable disbursements are high officials of the Palace. The House Committee summoned X and the DBM Secretary to appear and testify. X refused to appear, while the Secretary appeared but refused to testify invoking executive privilege. a. May X be compelled to appear and testify? If yes, what sanction may be imposed on him? (2%) Is the Budget Secretary shielded by executive privilege from responding to the inquiries of the House Committee? Explain briefly. If the answer is no, is there any sanction that may be imposed upon him? (3%)

XIV ABC operates an industrial waste processing plant within Laoag City. Occasionally, whenever fluid substances are released through a nearby creek, obnoxious odor is emitted causing dizziness among residents in Barangay La Paz. On complaint of the Punong Barangay, the City Mayor wrote ABC demanding that it abate the nuisance. This was ignored. An invitation to attend a hearing called by the Sangguniang Panlungsod was also declined by the president of ABC. The city government thereupon issued a cease and desist order to stop the operations of the plant, prompting ABC to file a petition for injunction before the Regional Trial Court, arguing that the city government did not have any power to abate the alleged nuisance. Decide with reasons. (3%) XV True or False. a. A person who occupies an office that is defectively created is a de facto officer. (0.5%) The rule on nepotism does not apply to designations made in favor of a relative of the authority making a designation. (0.5%) A discretionary duty of a public officer is never delegable. (0.5%) Acquisition of civil service eligibility during tenure of a temporary appointee does not automatically translate to a permanent appointment. (0.5%)

b.

XIX To instill religious awareness in the students of Doa Trinidad High School, a public school in Bulacan, the Parent- Teachers Association of the school contributed funds for the construction of a grotto and a chapel where ecumenical religious services and seminars are being held after school hours. The use of the school grounds for these purposes was questioned by a parent who does not belong to any religious group. As his complaint was not addressed by the school officials, he filed an administrative complaint against the principal before the DECS. Is the principal liable? Explain briefly. (5%) XX Define/explain the following: a. b. c. d. e. XXI The Sangguniang Panlungsod of Pasay City passed an ordinance requiring all disco pub owners to have all their hospitality girls tested for the AIDS virus. Both disco pub owners and the hospitality girls assailed the validity of the Doctrine of operative facts (1%) De facto municipal corporation (1%) Municipal corporation by estoppel (1%) Doctrine of necessary implication (1%) Principle of holdover (1%)

b.

c.

d.

XVI Rudy Domingo, 38 years old, natural-born Filipino and a resident of the Philippines since birth, is a Manila-based entrepreneur who runs KABAKA, a coalition of peoples organizations from fisherfolk communities. KABAKAs operations consist of empowering fisherfolk leaders through livelihood projects and trainings on good governance. The Dutch Foundation for Global Initiatives, a private organization registered in The Netherlands, receives a huge subsidy from the Dutch Foreign Ministry, which, in turn is allocated worldwide to the Foundations partners like KABAKA. Rudy seeks to register KABAKA as a party-list with himself as a nominee of the coalition. Will KABAKA and Rudy be qualified as a party-list and a nominee, respectively? Decide with reasons. (4%) PART II XVII

ordinance for being violative of their constitutional rights to privacy and to freely choose a calling or business. Is the ordinance valid? Explain. (5%) XXII Governor Diy was serving his third term when he lost his governorship in a recall election. a. Who shall succeed Governor Diy in his office as Governor? (1%) Can Governor Diy run again as governor in the next election? (2%) Can Governor Diy refuse to run in the recall election and instead resign from his position as governor? (2%)

b.

c.

XXIII A was a career Ambassador when he accepted an ad interim appointment as Cabinet Member. The Commission on Appointments bypassed his ad interim appointment, however, and he was not re-appointed. Can he re-assume his position as career Ambassador? (5%) XXIV Compare and contrast overbreadth doctrine from voidforvagueness doctrine. (5%) XXV a. What is the rotational scheme of appointments in the COMELEC? (2%) What are the two conditions for its workability? (2%) To what other constitutional offices does rotational scheme of appointments apply? (2%) the

b. c.

XXVI Distinguish between pocket veto and item veto. (2%) XXVII What is the concept of association under international law? (2%) NOTHING FOLLOWS.