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Civil Law Bar Exam Answers: Trust
Express Trust; Prescription (1997) On 01 January 1980, Redentor and Remedies entered into an agreement by virtue of which the former was to register a parcel of land in the name of Remedies under the explicit covenant to reconvey the land to Remigio, son of Redentor, upon the son’s graduation from college. In 1981, the […]
Civil Law Bar Exam Answers: Obligations
Aleatory Contracts; Gambling (2004) A. Mr. ZY lost P100,000 in a card game called Russian poker, but he had no more cash to pay in full the winner at the time the session ended. He promised to pay PX, the winner, two weeks thereafter. But he failed to do so despite the lapse of two months, so PX filed in court a suit to collect […]
Civil Law Bar Exam Answers: Contracts
Consensual vs.Real Contracts; Kinds of Real Contracts (1998) Distinguish consensual from real contracts and name at least four (4) kinds of real contracts under the present law. SUGGESTED ANSWER: CONSENSUAL CONTRACTS are those which are perfected by mere consent (Art. 1315. Civil Code). REAL CONTRACTS are those which are perfected by the delivery of the object of the obligation. (Art. 1316, Civil Code) Examples […]
Civil Law Bar Exam Answers: Land Transfer and Deeds
Acquisition of Lands; Citizenship Requirement (2003) In 1970, the spouses Juan and Juana de la Cruz, then Filipinos, bought the parcel of unregistered land in the Philippines on which they built a house which became their residence. In 1986, they migrated to Canada and became Canadian citizens. Thereafter, in 1990, they applied, opposed by the Republic, for the registration of the aforesaid land in their names. Should the application of the spouses de la Cruz be granted […]
Civil Law Bar Exam Answers: Property
Accretion; Alluvion (2001) For many years, the Rio Grande river deposited soil along its bank, beside the titled land of Jose. In time, such deposit reached an area of one thousand square meters. With the permission of Jose, Vicente cultivated the said area. Ten years later, a big flood occurred in the river and transferred […]
Civil Law Bar Exam Answers: Donation
Donation vs. Sale (2003) a) May a person sell something that does not belong to him? Explain. b) May a person donate something that does not belong to him? Explain. SUGGESTED ANSWER: (a) Yes, a person may sell something which does not belong to him. For the sale to be valid, the law does not require the seller to be the owner of the property at the […]
Civil Law Bar Exam Answers: Succession
Amount of Successional Rights (2004) Mr. XT and Mrs. YT have been married for 20 years. Suppose the wife, YT, died childless, survived only by her husband, XT. What would be the share of XT from her estate as inheritance? Why? Explain. SUGGESTED ANSWER: Under the Civil Code, the widow or widower is a legal and compulsory heir of the deceased spouse. If the widow […]
Civil Law Bar Exam Answers: Family Code
Emancipation (1993) Julio and Lea, both 18 years old, were sweethearts. At a party at the house of a mutual friend. Lea met Jake, also 18 years old, who showed interest in her. Lea seemed to entertain Jake because she danced with him many times. In a fit of jealousy, Julio shot Jake with his father’s 38 caliber revolver which, before going to the party he was able to get […]
Civil Law Bar Exam Answers: Persons
Change of Name; Under RA 9048 (2006) Zirxthoussous delos Santos filed a petition for change of name with the Office of the Civil Registrar of Mandaluyong City under the administrative proceeding provided in Republic Act No. 9048. He alleged that his first name sounds ridiculous and is extremely difficult to spell and pronounce. After complying with the requirements of the law, the Civil Registrar […]
Civil Law Bar Exam Answers: Adoption
Adoption; Use of Surname of her Natural Mother (2006) May an illegitimate child, upon adoption by her natural father, use the surname of her natural mother as the middle name? SUGGESTED ANSWER: Yes, an illegitimate child, upon adoption by her natural father, can use the surname of her natural mother as her middle name. The Court has ruled that there is no law […]
