Midterms 2017-2018

TORTS (STA. BARBARA)

1. Heart balm suit in relation to Philippine law
2. Malfunction doctrine
3. Reasonable alternative design, Risk utility doctrine, Consumer expectation test (Real case)
4. Res iPsa loquitur requisites, May res iPsa loquitur apply to impure Tort
5. Culpa eligiande vs vigiliande
6. Art 19-21, 2176
7. May plaintiff file under accion in reinverso for recovery of lost profits
8. Medical malpractice in relation to informed consent and how will it prosper and what needs
to be disclosed, explain each
9. May it prosper if doctor fails to say the statistical life expectancy of patient
10. Wasabi stall case, fortuitous event
11. A gets hit on the face by a ball, thrown by player C which D did not catch (no look pass), A
was in the court side, event sponsored by EEE. Who may A sue?
12. Acquittal on a criminal case- may plaintiff still file based on quasi delict despite acquittal on
appeal? (Manlinlic phil rabbit)
13. BP 22 case, while pending, filed a civil case. May he do so?
14. Collision of C and D. C filed reckless imprudence resulting in homicide against D. D then
filed based on tort. C moved on the ground of forum shopping or litis pendentia? Resolve
15. Charice otw to concert organized by T, got hit by a truck whose driver is Jake. Jake was high
on Shabu. Charice failed to attend concert and caused damage to T. T filed against Jake
and his employer Tito Boy. May suit prosper?
16. Passenger gets upgraded to first class seat despite his protest. May he file for damages?
17. Y, 7 yr old, sneaks in to a cinema to watch X rated film. Hidden defect on his seat so he gets
injured. Is cinema liable? Tort because he was a minor of tender age? Or tort because of the
defective seat?
18. Saludaga case- except stabbed by outsiders. Liability of school is based on what? QD?
Contract? QD and C? QD or C? Which one and explain why not the others.
19. A, a kid, got hit by a truck driver violating a traffic rule. When she attained age of majority,
she filed a case against the employer, failing to implead the driver. Will the suit prosper?
20. Is motive a material element in prima facie tort?
Midterms 2017-2018

WILLS (TALEON)
(9 true or false, 1 bonus, 2 essays)
1. Nyoy and Cora has a son, Miguel. He fell in love with Laida and had a child, Trixie. Nyoy
made him marry Adelaide, who had a daughter with another man, Britney. Miguel and
Adelaide got married and had three kids, Michael, madonna and Jlo. Miguel continued
seeing laida. Nyoy and Cora filed bigamy and court dismissed, but his relationship with
family became strained. Madonna had an old boyfriend who had a child, and they had
children Miley and Cyrus. Jlo was an old maid who adopted Harry. Michael was bisexual and
always sided with his mother. After a while, he filed for declaration of nullity of marriage with
Adelaide because she was married to another man. Court granted. Became final. 1 year
after, he married laida. Honeymoon in Guam where they executed their wills accdg. to that
law. Miguel gave laida house and lot 1M, instituted Trixie and her kids Barbel and Zoro to
3/4 estate. Left his parents out. But gave father legacy of 500k Toyota Corolla, and 500k
jewelry to mom. Substitute of them were Miley and Cyrus. Cora predeceased Miguel. During
his lifetime, Miguel owed 250k to his mother and 300k to laida. He gave 750k donation to
grandparents. His dad's brother who died gave him 1M in the will. He and Laida had 8M
from business. One day, he was in a car with Britney who was pregnant and they got into an
accident and died. Trixie sought for probate. Adelaide countered there was preterition. Is
there preterition? What is his net estate? Distribute.
2. Institution was "my child who becomes a lawyer." Three children became lawyers. Will they
all inherit equally?
3. May Atty. Sexy who is diagnosed with bipolar disorder make a valid will?
4. Tito, Vic, and Joey were instituted in Jose's estate, with Wally as substitute. Joey was
incapacitated. Jose has two brothers. Will Wally inherit?
5. A made a will instituting her son B to 3/4. Her other son said that the will was not signed on
the left margin by the 4 witnesses and not dated; that attestation was not signed; that B was
a witness who was at the terrace of A's room while she was signing. Is will valid?
6. Policy insurance question, A and B are father and son who died and can't be determine who
first died. B's wife said it was A who died first since law presumes older died first, hence she
should inherit the policy wherein B was beneficiary
7. An Australian living in the Philippines acquired shared of stock worth 5 Million in a
telecommunications company. He died in Manila, leaving a legal Filipino wide and a child
and a common law wife with whom he had 2 children. His legal family is living in Cebu while
his 2nd family is living with him in Manila at the time of his death. He also left a will done
according to Philippine laws, leaving all his properties to his common law wife and their
children. The will is not valid since it must follow the provisions of the laws of the Philippines
in the disposition of his estate.
8. The testator executed a will where he recognized his illegitimate son with his girlfriend, a
popular actress and instituted his illegitimate son to ¾ of his estate and ¼ to his parents.
After he broke up with the actress, he executed a holographic will entirely written, dated, and
signed by him revoking his earlier will. Upon his death, the testator’s parents shall inherit the
whole estate, true?
9. A instituted B in will with obligation to deliver property to C who was B's son. Is it
fideicomissary sub?
10. A will that has been allowed/probated may not be the subject of an attack in any proceeding
after it has become final.
11. Benedictine prayer
12. ???
Midterms 2017-2018

LIP (ALCANTARA)
1. Ned instituted in his will Arya and Stark to inherit his trademark, and in case they
predecessor him, J as substitute. Is the assignment valid? If yes, who owns it upon his
death?
2. Skechers case. Do you apply dominancy or holistic test?
3. Sportswear owner of a trademark "Sergio", well known mark. In Marikina Sergio makes
formal leather shoes and registered Sergio as his mark. Sportswear owner opposed. Will
you grant the application? If well known mark was registered in the PH, will it matter?
Meaning of the R mark what does it imply?
4. Sonya Smart Vision television but no trademark since 200. 2006 Samsung started its
business in Taiwan. Later, Samsung went to PH and registered such mark which was
approved. If you were Susan what actions can you take? Can Samsung say as defense that
the registration is conclusive proof of ownership?
5. Period of validity of trademark, when may be renewed and how many times and for how
long, when to file declaration of actual use
6. Mang Donald issued false statements that Gallybee uses fake meat that is harmful. As a
result G suffered business loss. G filed unfair competition under IP Code. Will it prosper?
7. BARAK'O coffee as trademark was denied because it suggests false connection to Barack
Obama and will bring his name into contempt and disparage. How will you convince the
examiner to allow your mark?
Midterms 2017-2018
Midterms 2017-2018