Bar Examination Questionnaire For Civil Law
Bar Examination Questionnaire For Civil Law
Bar Examination Questionnaire For Civil Law
left the country for good. When the child was born, Fidel
could not accept it being too black in complexion. What is
the status of the child?
(C) Legitimate, because the child was
born within a valid marriage.
(D) voidable.
(20) An agent, authorized by a special power of attorney to
sell a land belonging to the principal succeeded in selling the
same to a buyer according to the instructions given the
agent. The agent executed the deed of absolute sale on
behalf of his principal two days after the principal died, an
event that neither the agent nor the buyer knew at the time
of the sale. What is the standing of the sale?
(B) Valid.
(21) Spouses A and B leased a piece of land belonging to
B's parents for 25 years. The spouses built their house on it
worth P300,000.00. Subsequently, in a case that C filed
against A and B, the court found the latter liable to C for
P200,000.00. When the sheriff was attaching their house for
the satisfaction of the judgment, A and B claimed that it was
exempt from execution, being a family home. Is this claim
correct?
(C) No, since the land does not belong
to A and B, it cannot qualify as a family
home.
(22) Solomon sold his coconut plantation to Aragon, Inc. for
P100 million, payable in installments of P10 million per
month with 6% interest per annum. Solomon married Lorna
after 5 months and they chose conjugal partnership of gains
to govern their property relations. When they married,
Aragon had an unpaid balance of P50 million plus interest in
Solomons favor. To whom will Aragons monthly payments
go after the marriage?
(D) The principal shall go to Solomon
but the interests to the conjugal
partnership.
(23) X and Y, although not suffering from any impediment,
cohabited as husband and wife without the benefit of
marriage. Following the birth of their child, the couple got
married. A year after, however, the court annulled the
marriage and issued a decree of annulment. What is the
present status of the child?
(A) Legitimated.
(24) When A and B married, they chose conjugal
partnership of gains to govern their property relations. After 3
years, B succeeded in getting her marriage to A annulled on
ground of the latters psychological incapacity. What
liquidation procedure will they follow in disposing of their
assets?
(C) The liquidation of a co-ownership
applies since the annulment brought
their property relation under the chapter
on property regimes without marriage.
(25) X and Y agreed verbally before their marriage (a) on
the paternity of the illegitimate child of Y and (b) on the
economic regime that will govern X and Ys property
relations. Is the verbal agreement valid?
(36) Knowing that the car had a hidden crack in the engine,
X sold it to Y without informing the latter about it. In any
event, the deed of sale expressly stipulated that X was not
liable for hidden defects. Does Y have the right to demand
from X a reimbursement of what he spent to repair the
engine plus damages?
(B) Yes, since the defect was not
hidden; X knew of it but he acted in bad
faith in not disclosing the fact to Y.
(37) Acme Cannery produced sardines in cans known as
"Sards." Mylene bought a can of Sards from a store, ate it,
and suffered from poisoning caused by a noxious substance