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MOCK BAR ESSAY EXAMS ON CIVIL LAW By: Associate Dean Teresita Cruz

I.

Sandra and Piolo were married married on August 16, 2005. Five years from the marriage ceremony, ceremony, Sandra started to feel an obsession to have sex with other other men. Piolo confronted Sandra Sandra about this when he caught caught Sandra having extramarital affair affair with other men. Sandra promised to change but never fulfilled fulfilled these promises. The obsession to have have sexual intimacies intimacies with several other men men was uncontrollable. uncontrollable. Sandra had herself herself checked‐up by a psychiatrist who clinically identified this lustful obsession as a kind of mental disorder with its root cause being the refusal of Piolo Piolo to have sex during the honeymoon. honeymoon. The psychiatrist diagnosed that that such mental disorder is grave and permanent, psychologically incapacitating Sandra to perform the essential marital obligations. Piolo filed a case to declaration of nullity nullity of marriage due to psychological psychological incapacity under Article 36 of of the Family Code.

He testified during the trial and presented the psychiatrist psychiatrist who

examined Sandra Sandra together with her psychological psychological evaluation. evaluation. If you were the judge, judge, will you grant the declaration of nullity of marriage marriage pursuant to Article 36 of the Family Code based on the given facts? facts? Explain fully? II.

Lando and Marilyn are legally legally married. When Lando disappeared disappeared for four years without any knowledge knowledge of his whereabouts, Marilyn was able to validly procure a judicial declaration of presumptive death of Lando and thereafter was able to validly marry Noel in accordance with the law. Later, Lando reappeared and executed executed an affidavit of reappearance which he immediately showed to Marilyn and Noel in their residence in Cebu City. Aware of Lando's reappearance, Noel sought sought Rosario, his former girlfriend, and told her of the situation, rekindled their love affair and proposed proposed marriage. Noel and Rosario, both 30 years old and both Protestants, Protestants, obtained a marriage and license from the Local Civil Registrar of Cebu City and the marriage was solemnized by their Protestant minister on June June 15, 2014. Is the marriage of Noel and and Rosario valid, voidable voidable or void? Explain well.

III.

Allan and Abigail, both Filipinos, Filipinos, both 25 years old, met in Argentina on April 9, 2010 and and fell in love with each other. They got married in Argentina on May 9, 2010 before before a notary public in accordance accordance with the Argentine Marital Laws. There was also no valid marriage license license issued prior to the marriage. The marriage is valid in Argentina. Allan and Abigail Abigail went back to the the Philippines and started a family. family. Arnulfo, father of Abigail, after learning of their marriage contends that such marriage having been solemnized by a notary public who is not among those authorized to solemnize solemnize marriages in the Philippines, Philippines, is void. The absence of the marriage license also rendered rendered the marriage marriage void. Rule on Arnulfo’s Arnulfo’s contention. contention. Explain well. well.

VI.

Cesar was legally married to Delia and they have have two children, Edgar and Francia. Francia. During the subsistence subsistence of the marriage of of Cesar and Delia, the latter latter cohabited with Gerry, who himself was married to Hazel. Out of the cohabitation of Delia and and Gerry, Ian was born on March 4, 2009. On December 1, 2012, Gerry died in a vehicular accident. Delia, on behalf of Ian, filed a suit suit for partition against Hazel and her children alleging alleging that Ian is entitled to share in the the estate of Gerry. Gerry’s name as father appears appears in Ian’s baptismal baptismal certificate and school report report cards.

There were also pictures and videos showing showing Gerry together with Ian. Ian. Hazel

contends that the suit %22MsoNormal is barred mal%22%20a by%22%20ali the death of Gerry. r%22%20style%3D%22margi data:text/html data:text/html;charset= ;charset=utf-8,%3Cp%20class%3D utf-8,%3Cp%20class%3D %22MsoNor li gn%3D%22center%22%20styl gn%3D%22cente e%3D%22margin%3A%20 n%3A%2010px%200 10px%200px%3B%20c… px%3B%20c…

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1. May Ian prove his filiation with Gerry and be entitled to share in Gerry’s estate? Explain fully. 2. Will your answer be the same had the first marriage of Cesar & Delia been terminated by the death of Cesar one year prior to the birth of Ian? Explain fully. V.

Edgar was the usufructuary of a parcel of land owned by Fred. With the consent of Edgar and by chance, Greg found hidden treasure on this land. How would the hidden treasure be divided between the parties?

VI.

On a 500 sq. m. lot worth P1M located in Makati City with TCT # 1234 registered in the name of Spouses Reyes, Spouses Santos built their house worth P900,000.00.

Spouses Reyes became aware of the

construction when they visited their land but they kept quiet as they did not want any trouble until such time that the construction was completely finished.

State the rights and obligations of Spouses Reyes as

landowners and Spouses Santos as builders based on the facts given. VII.

1.

Elated that her sister Rosemarie who had been married for ten years was pregnant for the first time,

Rosalie donated a ring worth P25,000.00 to the unborn child. Rosemarie was profuse in thanking her sister when they talked while shopping for baby clothes at Rustan’s. Rosemarie gave birth after 7½ months of pregnancy but the baby died 21 hours after delivery. May Rosalie get back the ring she donated? Why or why not? 2. The Deed of Donation dated May 3, 1965 stated: “I, DONOR, XXX devise a lot to DONEE, her heirs, assigns, & successors; this lot is now in the possession of DONEE since 1962 in the concept of an owner; ownership shall be vested on DONEE upon my demise; if DONEE predeceases me, the said lot shall not by reverted to DONOR but shall be inherited by DONEE’s heirs.” Is this a donation mortis causa or inter vivos. Explain fully. VIII.

Ernesto, an OFW, was coming home to the Philippines after working for several years in Saudi Arabia. He had saved P100,000.00 in his savings account in Manila. On his flight home, Ernesto had a fatal heart attack. He left behind his widowed mother, his common‐law wife and their twin sons. Ernesto left no will, no debts and no other relatives and no other properties except the money in his savings account. Who are the heirs entitled to inherit from him and how much should each receive?

IX.

Caloy and Celia are legally married with Arnold, Ben, Cherry, Delia and Ernie as legitimate children. Francia and Greg are Cherry’s legitimate children. Ernie has Hector, Irene and Jonathan as legitimate children. Ben died intestate leaving an estate of P240,000.00 with the following as surviving heirs: Arnold, Francia, Greg, Delia, Hector, Irene, Jonathan, Caloy and Celia. Divide the estate of Ben among his relatives explaining your answer.

X.

Rosalinda executed a will on December 1, 2011 instituting her husband Samuel as sole and universal heir (the spouses being childless) to her estate of P20M. A provision in her will reads:

“I institute my husband Samuel to my entire estate of P20M but data:text/html;charset=utf-8,%3Cp%20class%3D %22MsoNormal%22%20ali gn%3D%22center%22%20style%3D%22margin%3A%2010px%200px%3B%20c…

he shall not marry anymore. I further order that he shall not have

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children with any woman, otherwise, the free portion shall instead pass to my legal heirs.” Two years after the death of his wife, Samuel remarried. Rosalinda’s legitimate sister Teresa contends that Samuel loses all his inheritance of P20M for having violated the condition imposed by his deceased wife. Rule on Teresa’s contention explaining your answer fully.

XI.

Percival executed a will in 2010 disinheriting his legitimate son Rey for the latter’s unjust refusal to support him during his lifetime. Percival died in 2011 and during the probate of his will, Sammy, the legitimate son of Rey, intervened claiming the right to represent his father from the inheritance of his grandfather. Can Sammy represent his disinherited father?

XII.

Anton had two (2) legitimate children, Basilio and Carlos. Carlos had two (2) legitimate daughters, Donna and Erica. Carlos died in 2011 and Erica repudiated her inheritance from her father. In the year 2012, Anton died. Can Erica inherit from Anton?

XIII.

Dina owned a valuable painting worth P1.5M which was stolen from her house during a robbery which was duly reported to the police authorities. A year later, during a party in Donna’s house, Dina saw the painting hanging in Donna’s living room. Upon inquiry, Donna said she bought the painting in a gallery auction at the Luz Gallery. The painting was positively identified as the one stolen from Dina’s house. Dina demanded the return of her property but Donna refused to do so. Who has a better right to the said painting, Dina or Donna? Explain well your answer.

XIV.

Romy is the owner of a house and lot enclosed by the estates owned by Sonny, Tommy and Vahl. Romy has no access to the public highway, hence he demanded a right of way through the property of Tommy which is the shortest way to the public highway. Tommy refused and contended that the right of way should be constituted on the property of Vahl. It was proven that constituting the easement of right of way on Vahl’s property is not the shortest way to the public highway although it is least prejudicial to the servient estate.

XV.

1.

What are the requisites for the establishment of a compulsory easement of right of way?

2.

Over whose property should the legal easement of right of way be constituted? Explain well.

Rollie instituted his friend Romy as heir to a parcel of land in Cavite City. Rollie provided in his will that Romy shall be obliged to preserve and transmit the said parcel of land to Romy’s brother Rody upon Romy’s death. Rollie died in 2000. Rody died in 2001. Romy died in 2003. Upon Romy’s death, the claimants to the property are the children of Romy and Rey, the only son of Rody. If you were the judge, to whom will you adjudicate the property? Explain well.

XVI.

Anton, single, without any ascendant or descendant, but with legitimate brothers Arnold and Abel, executed a notarial will on January 2, 2010, complying with the formalities of law. He instituted as sole heir to his estate of P10M his girlfriend Annabel. On December 2, 2010, Anton and Annabel parted ways. Anton instituted as sole heir in his holographic will his best friend Archie. Anton’s 3 other friends Abet, Arceli and Abigail knew the contents of the holographic will which they read and re‐read the day it was executed by Anton. On March 9, 2012, while cleaning his drawer, Anton, without intention to revoke, inadvertently burned the only

copy of his holographic%22MsoNormal%22%20ali will. On June 1, 2013, Anton died. Who will inherit Anton’s estate? Explain well. data:text/html;charset=utf-8,%3Cp%20class%3D gn%3D%22center%22%20style%3D%22margin%3A%2010px%200px%3B%20c… 3/9

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Albert has three sons, Bernie, Carlos and Dennis. Albert made a will instituting as heirs Bernie, Carlos and Albert’s best friend, Efren, without designation of shares. If Albert’s estate is P12M when he died, how should the estate be distributed to the heirs? Explain well

XVIII.

Cecilia, executed a holographic will on Jan. 1, 2010 containing several dispositions. In one disposition, Cecilia gave P100,000.00 each to her sisters Digna & Emilia as legacies. On Feb. 14, 2011, Decilia crossed‐out Emilia’s name in her disposition. On May 9, 2013, Cecilia died. What is the effect of the absence of Cecilia’s signature on the alteration in her will.

XIX.

Rosalie, the illegitimate daughter of Reynaldo and Rosemarie, died intestate, without any ascendant or descendant. Her estate worth P2M is being claimed by Rosario, the legitimate daughter of her father Reynaldo and Rodrigo, the legitimate son of her mother Rosemarie. Who shall inherit Rosalie’s estate? Explain well?

XX.

Carlos borrowed P1.2M from Carmelo. He executed a mortgage contract over his parcel of land as security for the loan. It was expressly agreed by the parties that upon failure of Carlos to pay the debt with 12% interest within one (1) year, the mortgaged land would rightfully belong to Carmelo. Carlos failed to pay within the agreed period, hence, Carmelo contends he now becomes the owner of the land. Is Carmelo correct in his contention? Why?

XXI.

Danny obtained a P500,000.00 loan from Diego payable on December 31, 2005, with Dennis as guarantor. On due date, Danny failed to pay his debt. On January 5, 2006, Diego demanded payment from Dennis. If you were Dennis, what defense would you interpose to avoid liability? Explain fully what he must do to interpose this defense.

XXII.

Carmelo and Danilo entered into a Contract of Lease over a parcel land with a building owned by Carmelo for use by Danilo as a movie theater for a term of 10 years. The Contract of Lease contained the stipulation that “if during the 10‐year‐period, if the lessor should decide to sell the leased premises, the lessee shall be given 30 days exclusive option to purchase the same. In the event the leased premises is sold to someone other than the lessee, the lessor is bound to stipulate in the Deed of Sale that the purchaser shall recognize this lease and be bound by all terms & conditions thereof.” Carmelo decided to sell the leased real property, hence, Danilo was notified of the offer. Danilo replied to the former that he was exercising the option to buy. Two (2) weeks later, Carmelo sold the leased property to Emil. After learning of the sale to Emil, Danilo filed a complaint for specific performance and rescission of the Contract of Sale between Carmelo and Emil. Can the Contract of Sale be rescinded? Why or why not? Explain fully. (5%)

XXIII.

Araceli and Agaton entered into a contract of loan of P100,000.00 on January 1, 2012 secured by a promissory note whereby Agaton obligated himself to pay on or before December 31, 2013. On June 1, 2013, Agaton wrote to Araceli stating that Armando shall take care of his debt to Araceli . Araceli did not reply to Agaton’s letter. Armando did not pay Araceli. On January 5, 2014, Araceli sued Agaton for the payment of the loan. Agaton contends that he is no longer liable as there was novation by substituting the person of the debtor by delegacion. Rule on Agaton’s contention explaining fully your answer.

XXIV.

On October 1, 2013, Joey wrote to Mario and communicated to the latter that he is selling his house and lot for the total purchase price of P2M. Joey gave Mario the option to buy the said real property until October 31, 2013. Mario accepted the offer with the agreement that if Mario will not be able to exercise the option,

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month of December 2013. On October 15, 2013, Joey informed Mario that he was withdrawing his offer to him and he was selling his house and lot to Oscar considering that Mario did not give a consideration distinct from the price. Rule on Joey’s contention. XXV.

Antonio was the acknowledged natural child of Gregorio. Antonio was married to Belinda who predeceased her husband. Antonio and Belinda had legitimate children Hazel and Carmelo who was married to Donita. Carmelo and Donita have a daughter, Evelyn. Carmelo died on Nov. 1, 2007 of lung cancer. On Feb. 14, 2008, Antonio died and in his will, he devised a parcel of land to Evelyn. On Dec. 25, 2009, Evelyn died in a plane crash, single and without issue and the parcel of land was inherited by her mother Donita intestate. On June 1, 2010, Donita died without a will with the following as surviving relatives: Francia, Donita’s sister; Gregorio, father of Antonio and Hazel; sister of Carmelo. Who should validly inherit this parcel of land?

I. Answer briefly but completely and with legal basis: 1. Arnold and Belinda were married on June 1, 2005. They have 2 children, Abigail and Benjie. Their marriage was judicially declared null and void on February 14, 2009 due to the absence of a valid marriage license. There was no liquidation of their assets acquired during their marriage. Arnold subsequently married Carina on June 1, 2012 complying with all the essential and formal requisites provided for by the Family Code.

a. Is the marriage of Arnold and Carina valid, voidable or void? Explain well. (2.5%) b. What is the property regime governing their marriage? Why? (2.5%)

2. Anton was legally married to Bella and they have two children, Cherry and Danny . During the subsistence of the marriage of Anton and Bella, the latter cohabited with Fred, who himself was married to Gretchen. From the cohabitation of Bella and Fred, Hector was born on March 4, 2009. On December 1, 2012, Fred died in a vehicular accident. Bella, on behalf of Hector, intervened in the settlement of Freds estate alleging that Hector is entitled to inherit from Fred as his illegitimate son. To prove Hectors filiation to Fred, Bella presented Hectors baptismal certificate and school report cards where Fred was indicated as Hectors father. She also presented pictures showing Fred and Hector together on several occasions. On the other hand, Gretchen contends that Hectors action is already barred by Freds death.

a. May Hector prove his filiation with Fred and be entitled to share in Freds estate (2.5%) b. Will your answer be the same had the first marriage of Anton and Bella had been terminated by the death of Anton one year prior to the birth of Hector? Explain well. (2.5%)


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3. On a 500 sq.m. lot worth P1M located in Makati City with TCT # 1234 registered in the names of

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Spouses Reyes, Spouses Santos built their house worth P900,000.00. Spouses Reyes became aware of the construction when they visited their land but they kept quiet as they did not want any trouble until such time that the construction is completely finished. State the rights and obligations of Spouses Reyes (2.5%) and Spouses Santos (2.5%) based on the facts given. 4. Edgar was the usufructuary of a parcel of land owned by Fred. With the consent of Edgar and by chance, Greg found hidden treasure on this land. How would the hidden treasure be divided between the parties? (5%) 5. Corazon Reyes and Carlos Santos were married on Dec. 1, 2007. Since that time, Corazon has been using the name Corazon Santos in all her employment records and other official documents. On Feb. 2, 2008, upon petition of Corazon, due to concealment of habitual alcoholism existing at the time of their marriage, a decree of annulment was granted by the Family Court of Manila. Subsequently, Corazon filed with the same court a motion to resume using her maiden surname of Reyes and that she be granted support by Carlos.

a. If you were the judge, would you grant the motion of Corazon to resume using her maiden surname? (2.5%) b. Should Corazon be granted support by her husband? (2.5%)

6. Anton and Belinda are husband and wife. They have an only son Carlos. Belinda has a daughter, Donita, by a previous marriage which was declared void by the proper court. Anton, a widower at the time he married Belinda, has a son, Elmer, with his first wife. Donita and Elmer who had never been introduced to each other by Anton and Belinda, met at a party and eventually fell in love with each other. Donita and Elmer, both 25 years of age, eloped and complying with all the essential and formal requisites of marriage, got married before Judge Franco of the RTC of Manila.

a. What is the nature of the marriage of Donita & Elmer? Explain well. (2.5%) b. Suppose it was Carlos whom Donita married. What is the nature of the marriage between Carlos and Donita. Explain fully. (2.5%).

7. Peter and Raquel, both 16 years old, were so in love with each other that they had pre-marital sex resulting to Raquels pregnancy. Raquel gave birth to Oscar when she was only 17 years old. Peter and Raquel married each other on June 1, 2010 when they were both 18 years old. May Oscar be legitimated due to the marriage of his parents, Peter & Raquel? (5%) 8. Jennifer was born in 1981 and was registered as female in her birth certificate. She was later diagnosed to be afflicted with congenital adrenal hyperplasia (CAH), a rare condition where a person data:text/html;charset=utf-8,%3Cp%20class%3D %22MsoNormal%22%20ali gn%3D%22center%22%20style%3D%22margin%3A%2010px%200px%3B%20c… 6/9 possesses both male and female characteristics. Tests revealed that her ovarian structures had

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minimized, she has clitoral hyperthropy, she stopped growing and she has no breasts or menstrual development. She has practically become a male person. She filed a petition before the RTC of Siniloan, Laguna that her name in her birth certificate be changed from Jennifer to Jeff and her gender from female to male. If you were the judge hearing this case, will you grant or deny her petition? (5%) 9. Anton, Bernie and Caloy are brothers. They purchased from their parents specific portions of a parcel of land as evidenced by 3 separate deeds of sale, each deed referring to a particular lot in metes and bounds. When the deeds were presented for registration, the Register of Deeds of Pasay City could not issue separate certificates of title due to the absence of a subdivision plan, hence, only 1 title was issued in the names of the three brothers. Anton, Bernie, and Caloy each receive the fruits exclusively from the lot actually purchased by each of them. Later, Anton sold his lot to Dencio, with verbal notice to his brothers. To enable Dencio to secure a new title in his name, the Deed of Sale was made to refer to an undivided interest in the property of Anton, with the metes and bounds of the lot being stated. Bernie and Caloy reacted violently to the sale executed by Anton signifying their exercise of the right of legal redemption as co-owners of the lot. Can Bernie and Caloy still legally redeem the lot sold by Anton to Dencio? (5%) 10. Dina owned a valuable painting worth P1.5M which was stolen from her house during a robbery which was duly reported to the police authorities. A year later, during a party at Ericas house. Dina saw the painting hanging in Ericas living room. Upon inquiry, Erica said she bought the painting in a gallery auction sale at the Luz Gallery for P1M. The painting was positively identified as the one stolen from Dinas house. Can Dina recover this painting from Erica? (5%) 11. Elated that her sister Rosemarie who had been married for ten years was pregnant for the first time, Rosalie donated a ring worth P25,000.00 to the unborn child. Rosemarie was profuse in thanking her sister when they talked while shopping for baby clothes at Rustans. Rosemarie gave birth after 7 months of pregnancy but the baby died 21 hours after delivery. May Rosalie get back the ring she donated? Why or why not? (5%) 12. Benigno who was terminally ill, signed the will with Bonnie, the 1 st witness, at his bedside. Benjie, the 2nd witness, was in the far side of the room fully engrossed and concentrated in the cross word puzzle he was doing. Bobot, the 3 rd witness, was in the other side of the room near the window, playing scrabble with the grandchildren of Benigno. Benigno died on January 2, 2013. It was contended that the will was not signed in the presence of the witnesses, hence void. Rule on this contention. (5%) 13. Anton had two (2) legitimate children, Basilio and Carlos. Carlos had two (2) legitimate daughters, Donna and Erica. Carlos died in 2011 and Erica repudiated her inheritance from her father Carlos. In the year 2012, Anton died. Can Erica inherit from Anton? (5%) 14. Perlita executed a notarial will on Aug. 16, 2004, complying with all the formalities required by law. On May 9, 2006 when she was already 92 years old, too weak because of her terminal cancer even to rise from her bed, with intention to revoke, she asked her housemaid Ponciana to get her will and burn it. Ponciana got the will from the drawer near Perlitas bed, went to the kitchen, burned the data:text/html;charset=utf-8,%3Cp%20class%3D %22MsoNormal%22%20ali gn%3D%22center%22%20style%3D%22margin%3A%2010px%200px%3B%20c… 7/9 will and showed the ashes of the burned will to Perlita. Was there a valid revocation of the will by

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burning? Explain well. (5%) 15. Abigail borrowed P25,000.00 from Betsy & delivered her watch to the latter as pledge to secure the payment of her debt.

a. What is the presumption under the law if the watch is later found in the possession of Abigail? Explain well. (2.5%) b. Is Abigails obligation to pay the P25,000.00 loan already extinguished? Why? (2.5%)

16. Rolly and Oscar entered into a pacto de retro sale of Oscars house and lot worth P10M. The price agreed upon by the parties is only P100,000.00. Is this contract valid, voidable or void? Explain well. (5%) 17. On Sept. 1, 2007, Romy was interested to buy a specific Honda Civic 2005 model car from a second hand car shop in Makati. Sonny, the shop manager told him that the price of the said car was P300,000.00. Romy accepted the offer but told Sonny to give him one (1) week to raise the amount. There and then, Romy gave an initial amount of P10,000.00 promising to come back on Sept. 7, 2012 to complete the payment. Romy returned to the shop on Sept. 8, 2012 but Sonny told him that the car has already been offered and sold to Tony for P500,000. Sonny contended that even with the money given by Romy, the offer is good only until Sept. 7, 2012 considering that their agreement is only good for one (1) week. He further contended that after Sept. 7, 2012, the offer can now be withdrawn and the car can be sold to another person and the P10,000.00 option money forfeited in his favor. Do you agree with Sonnys contention? Explain well. (5%) 18. Arnold, Boyet and Caloy borrowed P120,000.00 from Dennis. This debt is evidenced by a promissory note (PN) wherein the three bound themselves to pay the debt jointly and severally. According to the PN, Arnold can be compelled to pay on June 15, 2012; Boyet can be compelled to pay on January 15, 2013; while Caloy can be compelled to pay on June 15, 2014. On February 15, 2014, Dennis made a demand upon Caloy to pay the entire indebtedness but the latter refused to pay contending that his share is not yet due and demandable. Subsequently, because of Caloys refusal to pay the debt, Dennis brought an action against him for the collection of the full amount of the obligation. Will the action of Dennis prosper? Explain fully (5%) 19. Arnold appointed Anton as his agent to manage his prawn business in Dumaguete City. Anton, who is based in Manila wants to appoint Arman as his substitute.

a. Can Anton validly appoint Arman as his substitute? Why or why not? (1%) b. As to Anton, what is the effect of his appointment of Arman as his substitute? Explain well. (1.5%) data:text/html;charset=utf-8,%3Cp%20class%3D %22MsoNormal%22%20ali gn%3D%22center%22%20style%3D%22margin%3A%2010px%200px%3B%20c…

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c. Give the modes of extinguishing agency. (2.5%)

20. Bert, Bart and Bong agreed to form a partnership to be engaged in the sale of appliances and furniture. Bert agreed to contribute P1M; Bart agreed to contribute a parcel of land with a building where the business shall be conducted and Bong agreed to contribute his industry.

a. What formalities must be complied with by Bert, Bart and Bong in order to constitute a legal and valid partnership? (2.5%) b. Under the law, what are the restrictions imposed on Bert and Bart as capitalist partners and on Bong as industrial partner?


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