2016 Civil Law Mock Bar

JURISTS BAR REVIEW CENTER ™ CIVIL LAW MOCK BAR EXAMINATION

4 September 2016

1 pm to 5 pm

This mock bar examination consists of 20 essay questions in 7 pages. Write your answers in your Bar Examination Notebook in the same order the questions are posed. Write your answers only at the front, not the back, page of every sheet in your Examination Notebook. In your answers, use the numbering system in the questionnaire. If the sheets provided in your Examination Notebook are not sufficient for your answers, use the back pages of every sheet of your Examination Notebook, starting at the back page of the first sheet and the back of the succeeding sheets thereafter.  Answer the Essay questions legibly, clearly, and concisely. Start each number on a separate page. An answer to a sub-question under the same number may be written continuously on the same page and the immediately succeeding pages until completed. Your answer should demonstrate your ability to analyze the facts presented by the question, to select the material from the immaterial facts, and to discern the points upon which the question turns. It should show your knowledge and understanding of the pertinent principles and theories of law involved and their qualifications and limitations. It should demonstrate your ability to apply the law to the given facts, and to reason logically in a lawyer-like manner to a sound conclusion from the given premises. A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be given any credit. Thus, always briefly but fully explain your answers although the question does not expressly ask for an explanation. At the same time, remember that a complete explanation does not require that you volunteer information or discuss legal doctrines that are not necessary or pertinent to the solution to the problem. You do not need to re-write or repeat the question in your Examination Notebook. Make sure you do not write your name or any extraneous notes or distinctive marking/s on your Examination Notebook that can serve as an identifying mark/s (such as names that are not in the given questions, prayers, or private notes to the Examiner). Writing, leaving or making any distinguishing or identifying mark in the Examination Notebook is considered cheating and can disqualify you for the Bar examinations. You can use the questionnaire for notes you may wish/need to write during the examination. I Luis was charged with theft. The information alleges that Luis stole the international long distance calls belonging to PLDT by conducting International Simple Resale (ISR), which is a method of routing and completing international long distance calls using lines and air wave frequency which connect directly to the domestic facilities of the country where the call is destined, effectively stealing this business from PLDT while using its facilities. Luis filed a motion to quash the information on the ground that international long distance calls and the business of providing telecommunication services are not personal property which may be the subject of theft under Article 308 of the Revised Penal Code.

 Jurists Mock Bar Examinations in Civil Law. All rights reserved 2016 by Jurists Review Center Inc. Unauthorized reproduction, use, or dissemination is strictly prohibited and shall be prosecuted to the full extent of the law, including administrative complaints with the Office of the Bar Confidant, Suprerme Court. Court.  Page 1 of 7 

a) Are international long distance calls personal property of PLDT which may be the subject of theft? b) Is the business of providing telecommunication services personal property which may be the subject of theft? II Quintin died intestate survived by the following: Vince and Vina, children of a predeceased brother of Quintin’s mother, Olivia; Jeng and Jill, children of Queenie, w ho is a full blood cousin of Quintin; Jose and Jaime, full blood brothers of Quintin’s father Oscar; Kate and Kim, nieces of Quintin by his predeceased sister Kyla; and Diana, a full blood sister of Quintin. His estate is P240,000. a) Determine the intestate shares of the relatives entitled to inherit from Quintin. b) Suppose the parents of Quintin are among the survivors, who will concur with them in the estate of Quintin? III Drew borrowed P500,000 from Pia, with Edwin acting as surety for the loan. The loan was also secured by a real estate mortgage executed by Martin in favor of Pia. On the maturity date, Edwin offered to pay Pia the P500,000 in cash. Pia asked Edwin if Drew knew about Edwin’s offer to pay and Edwin replied that Drew did no t know of it. a) Can Edwin compel Pia to accept payment from him? Explain. b)  Assuming that Pia refuses to accept Edwin’s payment, what is the recourse of Edwin, if any? Explain. c) Let us assume that Drew knew and had given his consent to the offer of payment by Edwin and that Pia had accepted Edwin’s payment. When Edwin tried to seek reimbursement from Drew, the latter was unable to pay because of insolvency. May Edwin foreclose upon the mortgage executed by Martin? Explain.

IV The spouses Perez filed a complaint for quieting of title and damages against Engr. Delson wherein the Plaintiffs allege that they are the owners of the property being occupied by Delson. The Perezes presented an OCT to prove their ownership. Delson filed an answer with counterclaim wherein he counterclaimed that the title of the Perezes should be nullified since they secured the OCT through fraud and deceit. The spouses Perez filed a motion to dismiss the counterclaim on the ground that the same is a collateral attack upon the title. a) May a Torrens title be subject to a collateral attack? Explain. b) Distinguish between a direct attack and an indirect or collateral attack on the title. c) Should the counterclaim be dismissed? Explain.

V The Aegis Nursing Institution, Inc. (ANI) was lambasted by Ding in a radio broadcast as operating a diploma mill churning out ill-trained nursing graduates who had paid their way through. ANI sued Ding for moral damages. Ding filed an answer where he raised the defense that a juridical person is not entitled to moral damages because it cannot experience physical suffering or wounded feelings. Is Ding’s defense meritorious? Explain.

 Jurists Mock Bar Examinations in Civil Law. All rights reserved 2016 by Jurists Review Center Inc. Unauthorized reproduction, use, or dissemination is strictly prohibited and shall be prosecuted to the full extent of the law, including administrative complaints with the Office of the Bar Confidant, Suprerme Court.  Page  2 of 7 

VI Panfilo is married to Luz. In 2005, Panfilo boarded Flight No. 1434 bound for Cotobato to attend a conference. Panfilo never came home as the plane he was boarding crashed at the height of weather disturbance during the flight. It appears that Panfilo survived the crash but he suffers from retrograde amnesia. He now resides in Cotabato and has since then married Lala. A common friend of Panfilo and Luz told the latter that Panfilo was still alive and that the latter is now with another wife. Upon learning this, Luz filed a petition for declaration of presumptive death of Panfilo which the RTC of Manila granted. Thereafter, Luz married Ponzie. Discuss the validity of the marriage between Panfilo and Lala and that of Luz and Ponzie. What property relationship governs the marriage of Luz and Ponzie? Explain. VII Father Edwin donated a parcel of land to his brother, Edgar. 1. The duly notarized deed of donation was personally handed over by Father Edwin to Edgar, who received it with gratitude. A week after, Father Edwin flew to Kenya, but his plane crashed over the Indian Ocean, killing him instantly. A few days after, upon the advice of a law graduate friend, Edgar confirmed his acceptance of the donation in a duly notarized instrument. The other siblings of Father Edwin question the effectivity of the donation. Are they right in questioning it? 2. Supposing the effectivity and validity of the donation, and the delivery of the land to Edgar, the donation provides that Edgar shall construct on the land “nursery and kindergarten schools with a chapel, to be named after St. Anthony of Padua, within five years from the date of donation” and that “violation of any of the conditions provided in the donation shall cause the automatic reversion of the donated land to the donor or his heirs and assigns”. The value of the schools and chapel to b e constructed is at least equal to or more than the value of the land. Edgar failed to construct what was provided in the donation. More than five years after the deadline for the construction, the other siblings of Father Edwin (his only heirs) filed an action for cancellation of the donation and the reversion of the donated land to them on the ground of non-compliance with the conditions of the donation. Edgar countered that their action has already prescribed. Should the action to cancel the donation be dismissed? VIII  Alvin, Simon and Theodore formed a partnership in 2005. They put up a pet shop called the Metro Pet Society. The partnership was to exist for ten (10) years. Unknown to the other partners, Theodore incurred a P1,000,000.00 personal loan from Dave, a businessman, in 2007. When Theodore defaulted, Dave sued him. Pursuant to a court order in 2010, Theodore assigned to Dave his interest in the partnership. a) Does Theodore cease to be a partner when he assigned his interest in the partnership to Dave? b) What are the rights of Dave as the assignee of Theodore’s interest in the partnership?

 Jurists Mock Bar Examinations in Civil Law. All rights reserved 2016 by Jurists Review Center Inc. Unauthorized reproduction, use, or dissemination is strictly prohibited and shall be prosecuted to the full extent of the law, including administrative complaints with the Office of the Bar Confidant, Suprerme Court.  Page  3 of 7 

IX Donna Mae is the 10-year old child of Leo and Malyn. She is also a T.V. personality earning substantial income. The parents had furnished the required bond under Art. 225 of the Family Code. a) Donna Mae received a donation of P1,000,000 from her rich aunt Roberta. May the parents use P200,000 out of the P1,000,000 to answer for the family’s daily collective needs? Explain. b) The P1,000,000 was placed in a time deposit and earned P70,000 interest. May the parents use the P70,000 for the family’s daily collective needs? Explain. c) Donna Mae earned P1,000,000 as a T.V. personality. May the parents use P300,000 out of the P1,000,000 for the collective needs of the family? Explain.

X Saul sold his registered land in favor of Brenda. Under the terms of the notarized deed of absolute sale, Brenda paid a downpayment of P400,000 and the balance of P600,000 would be paid 30 days thereafter. Pending full payment, Saul retained the owner’s duplicate certificate of title over the land. Exasperated that Brenda had not yet paid the P600,000 despite the lapse of more than 30 days, Saul entered into negotiations with Marissa for the sale of the same lot. Brenda learned of the negotiations and filed with the register of deeds an affidavit of adverse claim stating that there was a contract of absolute sale entered into between her and Saul. The affidavit was entered in the primary entry book but was not annotated on the certificate of title over the land. Later, Marissa went to the register of deeds, examined the title of Saul and found no liens or claims annotated on the title. Marissa thus bought the lot from Saul, paying him P1 million. The deed of absolute sale between Saul and Marissa was registered and the title in the name of Saul was cancelled and a new certificate of title in the name of Marissa was issued. Brenda filed an action for the nullification of the sale in favor of Marissa alleging that the deed of sale in favor of Marissa was void because the land had been sold earlier to her. In her answer, Marissa raised the defense that she was an innocent purchaser for value. Who between Brenda and Marissa has a better right to the land? Explain.

XI Ignacio owns two lots, Lot A and Lot B. On Lot A, Ignacio constructed a building, a narrow portion of which extended into Lot B. Ignacio sold lot A to the Philippine National Bank. At the time of the sale, PNB was unaware that the building in Lot A had extended into Lot B. Ignacio promised PNB that he would also sell Lot B to PNB but instead he mortgaged it to the Development Bank of the Philippines. Lot B was later duly acquired by De Jesus from DBP. De Jesus then filed an action against PNB for the removal or demolition of the building which extended to his property. The PNB argued that it had the rights of a builder in good faith. Will De Jesus’ action for removal or demolition prosper?  Explain.

XII Peter, Andy, and Beth had an agreement wherein Peter lent his Nissan Sentra to  Andy and Beth for their free use for one week. Twelve days later, while Beth was driving the car at the South Super Highway with due care, she met an accident in which she had no fault. The car was a total wreck. Peter then sued Andy for payment of the P500,000 value of the car. Andy countered that he should not be liable as the loss of the car was due to a  Jurists Mock Bar Examinations in Civil Law. All rights reserved 2016 by Jurists Review Center Inc. Unauthorized reproduction, use, or dissemination is strictly prohibited and shall be prosecuted to the full extent of the law, including administrative complaints with the Office of the Bar Confidant, Suprerme Court.  Page 4 of 7 

fortuitous event and the one actually using it was Beth. Andy also argued that assuming he could be held liable, it should only be for the amount of P250,000. a) What is the name or the designation of the contract entered into among Peter,  Andy, and Beth? Explain. b) Should Andy be held liable to Peter for the value of the car? If so, for how much? Explain.

XIII Marla owned a registered parcel of land under Transfer Certificate of Title (TCT) No. 1234. The spouses Ventanilla filed an action for specific performance over the land against Marla. The trial court rendered judgment ordering Marla to execute an absolute deed of sale over the land in favor of the spouses Ventanilla. In January 1991, pursuant to the judgment, a notice of levy on execution in favor of the spouses Ventanilla over the land covered by TCT No. 1234 was entered in the primary entry book but was not annotated on TCT No. 1234. In May 1991, Marla sold the land to the spouses Saberon who examined the certificate of title and found no encumbrance thereon. A new TCT No. 5678 was issued in favor of the Saberons. The Saberons built a house thereon. In 1992, upon learning of the transfer of title to the Saberons, the Ventanillas forthwith filed an action to nullify the certificate of title issued in favor of the Saberons and to demolish the house built by the Saberons. a) May the certificate of title in the Saberons’ names be nullified? Explain. b) May the trial court order the demolition of the house built by the Saberons? Explain. XIV The land of Usman is bounded on the east by the Talisay River, on the west by  Agusan River and on the north by Butuan Bay. The Talisay River and Agusan River flow downstream and meet at Butuan Bay. In a span of fifteen years, the northern tip of Usman’s land facing Butuan Bay increased by 10 hectares. Upon the death of Usman, his heirs surveyed the land and found that the increased northern tip thereof was occupied by Ulysses and his family. a) The heirs of Usman filed an action for ejectment against Ulysses and his family. Will their action prosper? Explain. b) Assume that Ulysses and his family have been occupying the northern tip for more than 30 years. May Ulysses file an application for original registration of the increased northern tip? Explain.

XV Zandro and Zita, both 18 years of age, were classmates in college. After a brief courtship, they decided to get married without the blessings of their parents. Eager to be married soon, they concocted a plan to offer a round trip airfare to Hongkong to the Local Civil Registrar of Manila so that they will not be required to go through the usual process of applying for the marriage license. A few hours after they filed their application, the license was issued by the LCR of Manila. The couple then proceeded to the sala of Judge Tongpats, who unknown to the parties, had just retired a day earlier. When Zandro and Zita approached Judge Tongpats, the latter handed six copies of what purports to be a marriage contract and asked both to sign at the bottom of the page and give their personal information to the clerk. After the parties complied, Judge Tongpats asked for his fee and  Jurists Mock Bar Examinations in Civil Law. All rights reserved 2016 by Jurists Review Center Inc. Unauthorized reproduction, use, or dissemination is strictly prohibited and shall be prosecuted to the full extent of the law, including administrative complaints with the Office of the Bar Confidant, Suprerme Court.  Page  5 of 7 

handed to them one copy of the contract and quickly commented, “you may now kiss the bride”. Discuss what you perceive to be the defects and/or irregularities in the marriage of Zandro and Zita and their effects on its validity.

XVI Because of his reckless driving, the driver of a Pantranco bus travelling along EDSA lost control, causing the bus to swerve and fly over the center island and collide with a pickup which was travelling in the opposite direction. The driver of the pick up and his passenger Maganda were injured. Maganda in particular suffered serious physical injuries which gravely disfigured her face and caused her to suffer chronic back pain. Maganda and her husband Makisig filed an action for damages against Pantranco. In the complaint, Makisig claimed moral damages for loss of consortium. Makisig testified during the trial that his conjugal and sexual relations with Maganda were severely affected because of the disfigurement of Maganda and her chronic back pain. Maganda also testified to corroborate Makisig’s testimony. May the trial court award moral damages to Makisig? Explain.

XVII  ABC Construction Corporation and Northville Properties entered into a construction contract whereby ABC agreed to construct a 10-storey condominium for Northville Properties for P50 million. The contract stipulated that a pre-condition for the full payment of the price was the submission by ABC of a performance bond and an “as-built” drawing or a drawing of the condominium as constructed by ABC. Northville paid the initial billings amounting to P30 million but refused to pay the balance of P20 million, although ABC had finished the construction of the condominium, on the ground that ABC had failed to submit the performance bond and the “as-built” drawing as required by the contract. During the trial  ABC’s chief project engineer testified that they did not submit the performance bond and “asbuilt” drawing because  they though it was no longer necessary since the condominium project had been completed in accordance with specifications. The president of Northville on the other hand testified that ABC is not entitled to the balance since it failed to comply with its contractual undertaking to submit the performance bond and “as-built” drawing which is a condition for full payment. Is ABC entitled to the payment of the balance of P20 million? Explain. XVIII Dencio was seeking to borrow money from Cocoy. In his loan application, Dencio gave as reference his lawyer Luis. Cocoy went to Luis ’s law office. Luis told Cocoy that he can safely lend to Dencio as Dencio’ s poultry business was thriving. Based on Luis’s assurance, Cocoy lent P1 million to Dencio. It turned out that Dencio ’s poultry business was in dire straits with the result that Dencio defaulted on his loan. Cocoy sued Luis for damages alleging that Luis was negligent in not verifying the viability of his client’s poultry business before making the assurance. Assuming that Luis was negligent, would Cocoy’s suit prosper? XIX Panfilo is married to Luz. In 2005, Panfilo boarded Flight No. 1434 bound for Cotobato to attend a conference. Panfilo never came home as the plane he was boarding crashed at the height of weather disturbance during the flight. It appears that Panfilo survived the crash but he suffers from retrograde amnesia. He now resides in Cotabato and has since then married Lala. A common friend of Panfilo and Luz told the latter that Panfilo was still alive  Jurists Mock Bar Examinations in Civil Law. All rights reserved 2016 by Jurists Review Center Inc. Unauthorized reproduction, use, or dissemination is strictly prohibited and shall be prosecuted to the full extent of the law, including administrative complaints with the Office of the Bar Confidant, Suprerme Court.  Page 6 of 7 

and that the latter is now with another wife. Upon learning this, Luz filed a petition for declaration of presumptive death of Panfilo which the RTC of Manila granted. Thereafter, Luz married Ponzie. Discuss the validity of the marriage between Panfilo and Lala and that of Luz and Ponzie. Explain. What property relationship governs the marriage of Luz and Ponzie? XX Sam offered to sell a diamond-studded ring to Benjie for P350,000 to be delivered after 30 days from payment. Benjie paid Sam P350,000. Thirty days later Sam delivered the ring to Benjie but it turned out to be a fake. May Benjie sue for the annulment of the contract on the ground of vitiated consent? If not, what is the remedy, if any, available to Benjie in order to set aside the contract? Explain.

-oOo-

 Jurists Mock Bar Examinations in Civil Law. All rights reserved 2016 by Jurists Review Center Inc. Unauthorized reproduction, use, or dissemination is strictly prohibited and shall be prosecuted to the full extent of the law, including administrative complaints with the Office of the Bar Confidant, Suprerme Court.  Page 7  of 7