Ar Examination 2010
Ar Examination 2010
Ar Examination 2010
CIVIL LAW
8 A.M. 12 NN.
12 September 2010
INSTRUCTIONS
There is only one Examiner in Civil Law. Hence, the following questionnaire consists of only ONE
PART with sixteen (16) questions (numbered I to XVI), contained in eleven (11) pages.
Begin your answer to each numbered question on a separate page; an answer to a sub-question/s
under the same number may be written continuously on the same page and succeeding pages until
completed.
Answer the questions directly and concisely. Do not repeat the question. Write legibly.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
GOOD LUCK!!!
_____________________________________
CONCHITA CARPIO MORALES
CHAIRPERSON
2010 BAR EXAMINATIONS COMMITTEE
PLEASE CHECK THAT THIS SET CONTAINS ELEVEN (11) PAGES (INCLUDING THIS PAGE).
a. A had a 4-storey building which was constructed by Engineer B. After five years, the building
developed cracks and its stairway eventually gave way and collapsed, resulting to injuries to
some lessees. Who should the lessees sue for damages? (1%)
1. A, the owner
2. B, the engineer
3. both A & B
b. O, owner of Lot A, learning that Japanese soldiers may have buried gold and other treasures
at the adjoining vacant Lot B belonging to spouses X & Y, excavated in Lot B where she
succeeded in unearthing gold and precious stones. How will the treasures found by O be
divided? (1%)
1. 100% to O as finder
2. 50% to O and 50% to the spouses X and Y
3. 50% to O and 50% to the state
4. None of the above
c. A executed a Deed of Donation in favor of B, a bachelor, covering a parcel of land valued at
P1 million. B was, however, out of the country at the time. For the donation to be valid, (1%)
1. B may e-mail A accepting the donation.
2. The donation may be accepted by Bs father with whom he lives.
3. B can accept the donation anytime convenient to him.
4. Bs mother who has a general power of attorney may accept the donation for him.
5. None of the above is sufficient to make Bs acceptance valid
d. A executed a 5-page notarial will before a notary public and three witnesses. All of them
signed each and every page of the will.
One of the witnesses was B, the father of one of the legatees to the will. What is the effect of
B being a witness to the will? (1%)
1. The will is invalidated
2. The will is valid and effective
3. The legacy given to Bs child is not valid
III
Define, Enumerate or Explain. (2% each)
a. What is the difference between "guaranty" and "suretyship"?
b. Define quasi tort. Who are the persons liable under quasi torts and what are the defenses
available to them?
c. Give at least two reasons why a court may assume jurisdiction over a conflict of laws case.
IV
Spouses B and G begot two offsprings. Albeit they had serious personality differences, the spouses
continued to live under one roof. B begot a son by another woman. G also begot a daughter by
another man.
a. If G gives the surname of B to her daughter by another man, what can B do to protect their
legitimate children's interests? Explain. (5%)
b. If B acquiesces to the use of his surname by Gs daughter by another man, what is/are the
a house and lot acquired by B on August 3, 1988, one third (1/3) of the purchase price
(representing downpayment) of which he paid; one third (1/3) was paid by G on February 14,
1990 out of a cash gift given to her by her parents on her graduation on April 6, 1989; and
the balance was paid out of the spouses joint income; and
an apartment unit donated to B by an uncle on June 19, 1987.
XII
On May 5, 1989, 16-year old Rozanno, who was issued a student permit, drove to school a car, a
gift from his parents. On even date, as his class was scheduled to go on a field trip, his teacher
requested him to accommodate in his car, as he did, four (4) of his classmates because the van
rented by the school was too crowded. On the way to a museum which the students were scheduled
to visit, Rozanno made a wrong maneuver, causing a collision with a jeepney. One of his classmates
died. He and the three (3) others were badly injured.
a. Who is liable for the death of Rozannos classmate and the injuries suffered by Rozanno and
his 3 other classmates? Explain. (2%)
b. How about the damage to the jeepney? Explain. (2%)
c. Under the same facts, except the date of occurrence of the incident, this time in mid-1994,
what would be your answer? Explain. (2%)
XIII
Franz was the owner of Lot E which was surrounded by four (4) lots one of which Lot C he also
owned. He promised Ava that if she bought Lot E, he would give her a right of way in Lot C.
Convinced, Ava bought Lot E and, as promised, Franz gave her a right of way in Lot C.
Ava cultivated Lot E and used the right of way granted by Franz.
Ava later found gainful employment abroad. On her return after more than 10 years, the right of way
was no longer available to her because Franz had in the meantime sold Lot C to Julia who had it
fenced.
a. Does Ava have a right to demand from Julia the activation of her right of way? Explain.
(2.5%)
b. Assuming Ava opts to demand a right of way from any of the owners of Lots A, B, and D, can
she do that? Explain. (2.5%)
XIV
Primo owns a pet iguana which he keeps in a man-made pond enclosed by a fence situated in his
residential lot. A typhoon knocked down the fence of the pond and the iguana crawled out of the
gate of Primos residence. N, a neighbor who was passing by, started throwing stones at the iguana,
drawing the iguana to move toward him. N panicked and ran but tripped on something and suffered
a broken leg.
Is anyone liable for Ns injuries? Explain. (4%)
XV
A, B, and C entered into a partnership to operate a restaurant business. When the restaurant had
gone past break-even stage and started to garner considerable profits, C died. A and B continued
the business without dissolving the partnership. They in fact opened a branch of the restaurant,
incurring obligations in the process. Creditors started demanding for the payment of their obligations.
a. Who are liable for the settlement of the partnerships obligations? Explain? (3%)