Bar Exams
Civil Law Bar Exam Answers: Torts and Damages
Collapse of Structures; Last Clear Chance (1990) Mr and Mrs R own a burned-out building, the firewall of which collapsed and destroyed the shop occupied by the family of Mr and Mrs S, which resulted in injuries to said couple and the death of their daughter. Mr and Mrs S had been warned by Mr & Mrs R to vacate the shop in view of its […]
Civil Law Bar Exam Answers: Quasi-Contract
Quasi-Contracts; Negotiorium Gestio (1992) In fear of reprisals from lawless elements besieging his barangay, X abandoned his fishpond, fled to Manila and left for Europe. Seeking that the fish in the fishpond were ready for harvest, Y, who is in the business of managing fishponds on a commission basis, took possession of the property, harvested […]
Civil Law Bar Exam Answers: Pledge
Pledge (1994) In 1982, Steve borrowed P400.000.00 from Danny, collateralized by a pledge of shares of stock of Concepcion Corporation worth P800,000,00. In 1983, because of the economic crisis, the value of the shares pledged fell to only P100,000.00. Can Danny demand that Steve surrender the other shares worth P700,000.00? SUGGESTED ANSWER: a) No. Bilateral contracts […]
Civil Law Bar Exam Answers: Antichresis
Antichresis (1995) Olivia owns a vast mango plantation which she can no longer properly manage due to a lingering illness. Since she is indebted to Peter in the amount of P500.000.00 she asks Peter to manage the plantation and apply the harvest to the payment of her obligation to him, principal and interest, until her indebtedness shall have been fully paid. Peter agrees. 1) What […]
Civil Law Bar Exam Answers: Surety
Recovery of Deficiency (1997) AB sold to CD a motor vehicle for and in consideration of P120,000.00 to be paid in twelve monthly equal installments of P10,000,00, each installment being due and payable on the 15th day of each month starting January 1997. To secure the promissory note, CD (a) executed a chattel mortgage on […]
Civil Law Bar Exam Answers: Deposit
Compensation; Bank Loan (1997) In order to secure a bank loan, XYZ Corporation surrendered its deposit certificate, with a maturity date of 01 September 1997 to the bank. The corporation defaulted on the due repayment of the loan, prompting the bank to encash the deposit certificate. XYZ Corporation questioned the above action taken by the bank as being a case of pactum commissorium. The bank disagrees. […]
Civil Law Bar Exam Answers: Commodatum and Mutuum
Commodatum (1993) A, upon request, loaned his passenger Jeepney to B to enable B to bring his sick wife from Paniqui. Tarlac to the Philippine General Hospital in Manila for treatment. On the way back to Paniqui, after leaving his wife at the hospital, people stopped the passenger Jeepney. B stopped for them and allowed them to ride on board, accepting payment from them just […]
Civil Law Bar Exam Answers: Partnership
Composition of Partnerships; Spouses; Corporations (1994) 1) Can a husband and wife form a limited partnership to engage in real estate business, with the wife being a limited partner? 2) Can two corporations organize a general partnership under the Civil Code of the Philippines? 3) Can a corporation and an individual form a general partnership? SUGGESTED ANSWER: 1) a) Yes. The Civil Code prohibits a husband and wife from constituting a universal […]
Civil Law Bar Exam Answers: Agency
Agency (2003) Jo-Ann asked her close friend, Aissa, to buy some groceries for her in the supermarket. Was there a nominate contract entered into between Jo-Ann and Aissa? In the affirmative, what was it? Explain. SUGGESTED ANSWER: Yes, there was a nominate contract. On the assumption that Aissa accepted the request of her close friend Jo-Ann to but some groceries for her in the supermarket, […]
Civil Law Bar Exam Answers: Common Carriers
Extraordinary Diligence (2000) Despite a warning from the police that an attempt to hijack a PAL plane will be made in the following week, the airline did not take extra precautions, such as frisking of passengers, for fear of being accused of violating human rights. Two days later, an armed hijacker did attempt to hijack a PAL flight to Cebu. Although he was subdued by the other passengers, […]
