Civil Law
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, […]
Civil Law Bar Exam Answers: Lease
Extinguishment; Total Destruction; Leased Property (1993) A is the owner of a lot on which he constructed a building in the total cost of P10,000,000.00. Of that amount B contributed P5,000,000.00 provided that the building as a whole would be leased to him (B) for a period of ten years from January 1. 1985 to December 31, 1995 at a rental of P100,000.00 a year. To such condition, A […]
Civil Law Bar Exam Answers: Sales
Assignment of Credit vs. Subrogation (1993) Peter Co, a trader from Manila, has dealt business with Allied Commodities in Hongkong for five years. All through the years, Peter Co accumulated an indebtedness of P500,000.00 with Allied Commodities. Upon demand by its agent in Manila, Peter Co paid Allied Commodities by check the amount owed. Upon deposit in the payee’s account […]
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 […]
