11 September 2005

8 A.M. 12 Noon

INSTRUCTIONS This questionnaire consists of sixteen (1 ! numbers containe" in nine (#! pa$es. %ea" each question &er' carefu(('. Ans)er legibly, clearly an" concisely. Start each number on a separate pa$e* an ans)er to a sub+question un"er the same number ma' be )ritten continuous(' on the same an" imme"iate(' succee"in$ pa$es unti( comp(ete". ,o not repeat the question.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE GOOD LUCK!!!

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-IGabby and Mila got married at Lourdes Church in Quezon City on July 10, 1990. Prior thereto, they e ecuted a marriage settlement !hereby they agreed on the regime o" con#ugal $artnershi$ o" gains. %he marriage settlement !as registered in the &egister o" 'eeds o" Manila, !here Mila is a resident. (n 199), they #ointly ac*uired a residential house and lot, as !ell as a condominium unit in Ma+ati. (n 199,, they decided to change their $ro$erty relations to the regime o" com$lete se$aration o" $ro$erty. Mila consented, as she !as then engaged in a lucrati-e business. %he s$ouses then signed a $ri-ate document dissol-ing their con#ugal $artnershi$ and agreeing on a com$lete se$aration o" $ro$erty. %herea"ter, Gabby ac*uired a mansion in .aguio City, and a ,/hectare agricultural land in 0riental Mindoro, !hich he registered e clusi-ely in his name. (n the year )000, Mila1s business -enture "ailed, and her creditors sued her "or P10,000,000.00. 2"ter obtaining a "a-orable #udgment, the creditors sought to e ecute on the s$ouses1 house and lot and condominium unit, as !ell as Gabby1s mansion and agricultural land. a3 'iscuss the status o" the "irst and the amended marriage settlements. 4)53 b3 'iscuss the e""ect6s o" the said settlements on the $ro$erties ac*uired by the s$ouses. 4)53 c3 7hat $ro$erties may be held ans!erable "or Mila1s obligations8 9 $lain. 4)53

- II (n 19:,, ;onny and Lulu, both <ili$ino citizens, !ere married in the Phili$$ines. (n 19:=, they se$arated, and ;onny !ent to Canada, !here he obtained a di-orce in the same year. >e then married another <ili$ina, 2uring, in Canada on January 1, 19::. %hey had t!o sons, James and John. (n 1990, a"ter "ailing to hear "rom ;onny, Lulu married %irso, by !hom she had a daughter, ?erna. (n 1991, ;onny -isited the Phili$$ines !here he succumbed to heart attac+. a3 'iscuss the e""ect o" the di-orce obtained by ;onny and Lulu in Canada. 4)53 b3 9 $lain the status o" the marriage bet!een ;onny and 2uring. 4)53

c3 9 $lain the status o" the marriage bet!een Lulu and %irso. 4)53 d3 9 $lain the res$ecti-e "iliation o" James, John and ?erna. 4)53 e3 7ho are the heirs o" ;onny8 9 $lain. 4)53

- III 9mil, the testator, has three legitimate children, %om, >enry and 7arlito@ a !i"e named 2dette@ $arents named Pe$e and Pilar@ an illegitimate child, &amon@ brother, Mar+@ and a sister, Aanette. ;ince his !i"e 2dette is !ell/o"", he !ants to lea-e to his illegitimate child as much o" his estate as he can legally do. >is estate has a net amount o" P1,)00,000.00, and all the abo-e/named relati-es are still li-ing. 9mil no! comes to you "or ad-ice in ma+ing a !ill. >o! !ill you distribute his estate according to his !ishes !ithout -iolating the la! on testamentary succession8 4,53 - IV ;te-e !as married to Linda, !ith !hom he had a daughter, %intin. ;te-e "athered a son !ith 'ina, his secretary o" )0 years, !hom 'ina named Joey, born on ;e$tember )0, 19:1. Joey1s birth certi"icate did not indicate the "ather1s name. ;te-e died on 2ugust 1B, 199B, !hile Linda died on 'ecember B, 199B, lea-ing their legitimate daughter, %intin, as sole heir. 0n May 1C, 199D, 'ina "iled a case on behal" o" Joey, $raying that the latter be declared an ac+no!ledged illegitimate son o" ;te-e and that Joey be gi-en his share in ;te-e1s estate, !hich is no! being solely held by %intin. %intin $ut u$ the de"ense that an action "or recognition shall only be "iled during the li"etime o" the $resumed $arents and that the e ce$tions under 2rticle ):, o" the Ci-il Code do not a$$ly to him since the said article has been re$ealed by the <amily Code. (n any case, according to %intin, Joey1s birth certi"icate does not sho! that ;te-e is his "ather. a3 'oes Joey ha-e a cause o" action against %intin "or recognition and $artition8 9 $lain. 4)53 b3 2re the de"enses set u$ by %intin tenable8 9 $lain. 4)53 c3 ;u$$osing that Joey died during the $endency o" the action, should the action be dismissed8 9 $lain. 4)53

-V(n 19:D, 9-a, a <ili$ina, !ent to !or+ as a nurse in the E;2. %here, she met and "ell in lo-e !ith Paul, an 2merican citizen, and they got married in 19:,. 9-a ac*uired 2merican citizenshi$ in 19:=. 'uring their so#ourn in the Phili$$ines in 1990, they "iled a #oint $etition "or the ado$tion o" ?ic+y, a =/year old daughter o" 9-a1s sister. %he go-ernment, through the 0""ice o" the ;olicitor General, o$$osed the $etition on the ground that the $etitioners, being both "oreigners, are dis*uali"ied to ado$t ?ic+y. a3 (s the go-ernment1s o$$osition tenable8 9 $lain. 4)53 b3 7ould your ans!er be the same i" they sought to ado$t 9-a1s illegitimate daughter8 9 $lain. 4)53 c3 ;u$$osing that they "iled the $etition to ado$t ?ic+y in the year )000, !ill your ans!er be the same8 9 $lain. 4)53

- VI >ans >erber, a German national, and his <ili$ino !i"e, &hoda, are $ermanent residents o" Canada. %hey desire so much to ado$t Magno, an :/ year old or$haned boy and a ba$tismal godson o" &hoda. ;ince the accidental death o" Magno1s $arents in )00D, he has been staying !ith his aunt !ho, ho!e-er, could hardly a""ord to "eed her o!n "amily. En"ortunately, >ans and &hoda cannot come to the Phili$$ines to ado$t Magno although they $ossess all the *uali"ications as ado$ti-e $arents. (s there a $ossibility "or them to ado$t Magno8 >o! should they go about it8 4,53

- VII 'on !as the o!ner o" an agricultural land !ith no access to a $ublic road. >e had been $assing through the land o" 9rnie !ith the latter1s ac*uiescence "or o-er )0 years. ;ubse*uently, 'on subdi-ided his $ro$erty into )0 residential lots and sold them to di""erent $ersons. 9rnie bloc+ed the $ath!ay and re"used to let the buyers $ass through his land.

a3 'id 'on ac*uire an easement o" right o" !ay8 9 $lain. 4)53 b3 Could 9rnie close the $ath!ay and re"use to let the buyers $ass8 Gi-e reasons. 4)53 c3 7hat are the rights o" the lot buyers, i" any8 9 $lain. 4)53

- VIII ;tate !ith reason !hether each o" the "ollo!ing is a nuisance, and i" so, gi-e its classi"ication, !hether $ublic or $ri-ateF a3 2 s*uatter1s hut 4153 b3 2 s!imming $ool 4153 c3 2 house o" $rostitution 4153 d3 2 noisy or dangerous "actory in a $ri-ate land 4153 e3 Encollected garbage 4153

- IX Mar-in o""ered to construct the house o" Carlos "or a -ery reasonable $rice o" P900,000.00, gi-ing the latter 10 days !ithin !hich to acce$t or re#ect the o""er. 0n the "i"th day, be"ore Carlos could ma+e u$ his mind, Mar-in !ithdre! his o""er. a3 7hat is the e""ect o" the !ithdra!al o" Mar-in1s o""er8 4)53 b3 7ill your ans!er be the same i" Carlos $aid Mar-in P10,000.00 as consideration "or that o$tion8 9 $lain. 4)53 c3 ;u$$osing that Carlos acce$ted the o""er be"ore Mar-in could communicate his !ithdra!al thereo"8 'iscuss the legal conse*uences. 4)53

-X-

.ernie bought on installment a residential subdi-ision lot "rom '9?L2A'. 2"ter ha-ing "aith"ully $aid the installments "or D: months, .ernie disco-ered that '9?L2A' had "ailed to de-elo$ the subdi-ision in accordance !ith the a$$ro-ed $lans and s$eci"ications !ithin the time "rame in the $lan. >e thus !rote a letter to '9?L2A' in"orming it that he !as sto$$ing $ayment. Conse*uently, '9?L2A' cancelled the sale and !rote .ernie, in"orming him that his $ayments are "or"eited in its "a-or. a3 7as the action o" '9?L2A' $ro$er8 9 $lain. 4)53 b3 'iscuss the rights o" .ernie under the circumstances. 4)53 c3 ;u$$osing '9?L2A' had "ully de-elo$ed the subdi-ision but .ernie "ailed to $ay "urther installments a"ter D years due to business re-erses. 'iscuss the rights and obligations o" the $arties. 4)53 - XI .e"ore he le"t "or &iyadh to !or+ as a mechanic, Pedro le"t his 2d-enture -an !ith %ito, !ith the understanding that the latter could use it "or one year "or his $ersonal or "amily use !hile Pedro !or+s in &iyadh. >e did not tell %ito that the bra+es o" the -an !ere "aulty. %ito had the -an tuned u$ and the bra+es re$aired. >e s$ent a total amount o" P1,,000.00. 2"ter using the -ehicle "or t!o !ee+s, %ito disco-ered that it consumed too much "uel. %o ma+e u$ "or the e $enses, he leased it to 2nnabelle. %!o months later, Pedro returned to the Phili$$ines and as+ed %ito to return the -an. En"ortunately, !hile being dri-en by %ito, the -an !as accidentally damaged by a cargo truc+ !ithout his "ault. a3 7ho shall bear the P1,,000.00 s$ent "or the re$air o" the -an8 9 $lain. 4)53 b3 7ho shall bear the costs "or the -an1s "uel, oil and other materials !hile it !as !ith %ito8 9 $lain. 4)53 c3 'oes Pedro ha-e the right to retrie-e the -an e-en be"ore the la$se o" one year8 9 $lain. 4)53 d3 7ho shall bear the e $enses "or the accidental damage caused by the cargo truc+, granting that the truc+ dri-er and truc+ o!ner are insol-ent8 9 $lain. 4)53

- XII 0n July 1D, )00D, Pedro e ecuted in "a-or o" Juan a 'eed o" 2bsolute ;ale o-er a $arcel o" land co-ered by %C% Ao. C)D,. (t a$$ears in the 'eed o" ;ale that Pedro recei-ed "rom Juan P1)0,000.00 as $urchase $rice. >o!e-er, Pedro retained the o!ner1s du$licate o" said title. %herea"ter, Juan, as lessor, and Pedro, as lessee, e ecuted a contract o" lease o-er the $ro$erty "or a $eriod o" one 413 year !ith a monthly rental o" P1,000.00. Pedro, as lessee, !as also obligated to $ay the realty ta es on the $ro$erty during the $eriod o" lease. ;ubse*uently, Pedro "iled a com$laint against Juan "or the re"ormation o" the 'eed o" 2bsolute ;ale, alleging that the transaction co-ered by the deed !as an e*uitable mortgage. (n his -eri"ied ans!er to the com$laint, Juan alleged that the $ro$erty !as sold to him under the 'eed o" 2bsolute ;ale, and inter$osed counterclaims to reco-er $ossession o" the $ro$erty and to com$el Pedro to turn o-er to him the o!ner1s du$licate o" title. &esol-e the case !ith reasons. 4C53

- XIII &od, the o!ner o" an <G ta i, "ound in his -ehicle an en-elo$e containing %C% Ao. C,DB) o-er a lot registered in Cesar1s name. Posing as Cesar, &od "orged Cesar1s signature on a 'eed o" ;ale in &od1s "a-or. &od registered the said document !ith the &egister o" 'eeds, and obtained a ne! title in his name. 2"ter a year, he sold the lot to 'on, a buyer in good "aith and "or -alue, !ho also registered the lot in his name. a3 'id &od ac*uire title to the land8 9 $lain. 4)53 b3 'iscuss the rights o" 'on, i" any, o-er the $ro$erty. 4)53 c3 (n an e#ectment case "iled by 'on against Cesar, can the latter as+ "or the cancellation o" 'on1s title considering that he 4Cesar3 is the right"ul o!ner o" the lot8 9 $lain. 4)53

- XIV Ender a !ritten contract dated 'ecember 1, 19:9, ?ictor leased his land to Joel "or a $eriod o" "i-e 4,3 years at a monthly rental o" P1,000.00, to be increased to P1,)00.00 and P1,,00.00 on the third and "i"th year, res$ecti-ely.

0n January 1, 1991, Joel subleased the land to Conrad "or a $eriod o" t!o 4)3 years at a monthly rental o" P1,,00.00. 0n 'ecember B1, 199), Joel assigned the lease to his compadre, 9rnie, !ho acted on the belie" that Joel !as the right"ul o!ner and $ossessor o" the said lot. Joel has been "aith"ully $aying the sti$ulated rentals to ?ictor. 7hen ?ictor learned on May 1,, 199) about the sublease and assignment, he sued Joel, Conrad and 9rnie "or rescission o" the contract o" lease and "or damages. a3 7ill the action $ros$er8 (" so, against !hom8 9 $lain. 4)53 b3 (n case o" rescission, discuss the rights and obligations o" the $arties. 4)53

- XV Ender the la! on *uasi/delict, aside "rom the $ersons !ho caused in#ury to $ersons, !ho else are liable under the "ollo!ing circumstancesF a3 7hen a =/year/old boy in#ures his $laymate !hile $laying !ith his "ather1s ri"le. 9 $lain. 4)53 b3 7hen a domestic hel$er, !hile haggling "or a lo!er $rice !ith a "ish -endor in the course o" buying "oodstu""s "or her em$loyer1s "amily, sla$s the "ish -endor, causing her to "all and sustain in#uries. 9 $lain. 4)53 c3 2 car$enter in a construction com$any accidentally hits the right "oot o" his co/!or+er !ith a hammer. 9 $lain. 4)53

d3 2 1,/year/old high school student stabs his classmate !ho is his ri-al "or a girl !hile they !ere going out o" the classroom a"ter their last class. 9 $lain. 4)53 e3 7hat de"ense, i" any, is a-ailable to them8 4)53

XVI

'r. and Mrs. 2lmeda are $rominent citizens o" the country and are "re*uent tra-elers abroad. (n 199C, they boo+ed round/tri$ business class tic+ets "or the Manila/>ong Hong/Manila route o" the Pinoy 2irlines, !here they are holders o" Gold Mabalos Class <re*uent <lier cards. 0n their return "light, Pinoy 2irlines u$graded their tic+ets to "irst class !ithout their consent and, ins$ite o" their $rotestations to be allo!ed to remain in the business class so that they could be !ith their "riends, they !ere told that the business class !as already "ully boo+ed, and that they !ere gi-en $riority in u$grading because they are elite members6holders o" Gold Mabalos Class cards. ;ince they !ere embarrassed at the discussions !ith the "light attendants, they !ere "orced to ta+e the "light at the "irst class section a$art "rom their "riends !ho !ere in the business class. E$on their return to Manila, they demanded a !ritten a$ology "rom Pinoy 2irlines. 7hen it !ent unheeded, the cou$le sued Pinoy 2irlines "or breach o" contract claiming moral and e em$lary damages, as !ell as attorney1s "ees. 7ill the action $ros$er8 Gi-e reasons. 4,53

NOTHING FOLLOWS