Answers to Bar Examination Questions in Civil Law

ANSWERS TO BAR EXAMINATION QUESTIONS IN CIVIL LAW (1989) Posted by bestre on Thursday, November 13, 2008 This bar examination question is the number 2 question in the 1989 Philippine bar examination. The number 1 question is already published previous to this post which you can read by clicking HERE. So now let's proceed with question number 12:

BAR QUESTION: While "X," an Associate Justice of the Court of Appeals, was vacationing in Cebu City, he was requested to solemnize the marriage of Serge and Joan in the residence of Serge's parents. "X" could not refuse the request of both the parents of the couple because they were his relatives. On the day set for the wedding, there was so many visitors at the residence of Serge's parents so that "X" decided to solemnize the marriage at the kiosk of the public plaza located nearby. Is the marriage of Serge and Joan valid? Give your reasons.

SUGGESTED ANSWER TO BAR QUESTION: Yes. A judge may solemnize marriage even outside the court provided of course that the essential requisites of marriage are present and that the necessary requirements for the request to solemnize marriage in a different venue are faithfully complied with.

(The answer to this bar question provided by UP Answers to Bar Examination is interestingly short and direct which is something different from all other answers. It says that solemnization of marriage in a public place is not an essential requisite of marriage.) at Permalink | 0 comments | Email this post | Links to this post Labels: answers to bar (civil law) ANSWERS TO BAR EXAMINATION QUESTIONS IN CIVIL LAW (1989) BAR QUESTION: Robert and Evelyn, both Filipinos, met in Los Angeles, California. They agreed to get married on June 10, 1989. On June 7, 1989, Robert flew to New York due to an urgent business matter but intended to return to Los Angeles on June 9, 1989, in time for the wedding. The business emergency of Robert, however, laster longer than he expected so that he failed to return to Los Angeles as planned. In order not to postpone the wedding, Robert immediately called his brother Val who was

also residing at Los Angeles to stand as his proxy at the wedding, which the latter did. Is the marriage of Robert and Evelyn valid in the Philippines? Give your reasons.

SUGGESTED ANSWER TO ABOVE BAR QUESTION: No. Although Robert and Evelyn are both living in California, still Philippine law governs their family or personal status for they are both Filipino citizens. There is no such thing as marriage by proxy here in the Philippines. Hence, the marriage of Robert and Evelyn is invalid.

(The doctrine that was reiterated in UP Answers to Bar Examination Questions is the presumption that in the absence of proof of foreign law, the same is similar to Philippine Law. Hence, the marriage is void.) at Permalink | 0 comments | Email this post | Links to this post Labels: answers to bar (civil law) ANSWERS TO BAR EXAMINATION QUESTIONS IN CIVIL LAW (1970) Posted by bestre on Friday, October 31, 2008 BAR QUESTION: A, a co-owner of a property with B, succeeds in acquiring a Torrens title in his own name to the property. Five years after B learned of A’s action, B filed an action for partition of the property. May A plead prescription of B’s cause of action? Explain your answer.

SUGGESTED ANSWER: No, A cannot plead prescription. In the case at bar there is no showing that B had knowledge of the acquisition of A hence the latter’s acquisition is obtained in fraud prejudicing the rights of B as a co-owner. Moreover, the period of five years does not constitute adverse possession to warrant A’s ownership of the land. A is considered only a trustee hereof. (1970 Bar Question)

This is a bar question in the year 1970. The author answered the same for the rules provided herein are still applicable at present times in accordance with the provisions of the Civil Code. It is recommended that in answering bar questions you must limit your answer to what is asked.

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at Permalink | 0 comments | Email this post | Links to this post Labels: answers to bar (civil law) ANSWERS TO BAR EXAMINATION QUESTIONS IN CIVIL LAW Posted by bestre on Wednesday, October 29, 2008 This is an answer to bar examination questions in civil law in Philippine Bar Examination in the year 2000.

The bar question is this: Eugenio dies without issue, leaving several parcels of land in Bataan. He was survived by Antonio, his legitimate brother; Martina, the only daughter of his predeceased sister Mercedes; and five legitimate children of Joaquin, another predeceased brother. Shortly after Eugenio's death, Antonio also died, leaving three legitimate children Subsequently, Martina, the children of Joaquin and the children of Antonio executed an extrajudicial settlement of the estate of Eugenio, dividing it among themselves. The succeeding year, a petition to annul the extrajudicial settlement was filed by Antero, an illegitimate son of Antonio, who claims he is entitled to share in the estate of Eugenio. The defendants filed a motion to dismiss on the ground that Antero is barred by Article 992 of the Civil Code from inheriting from the legitimate brother of his father. How will you resolve the motion?

The suggested answer to said bar question: Antero is entitled to a share of the estate of Eugenio. Article 992 of the Civil Code does not apply in this case. Antero is not an illegitimate son of Eugenio but of his brother Antonio who is entitled to a share of the estate of Eugenio. Hence, Antero is claiming inheritance from his father’s share. The motion should be granted.

(The author answered the question without fully understanding the question which is not good and which should not be emulated. The author was just lucky that the above answer is correct. But what if luck is not there? The obvious reason would be that the author will fail in the bar exam if such attitude will be pursued.)

It must be taken into consideration that the answer given above is in reference to the UP Answers to Bar. On the contrary, the questions here are answered by the author before reading the suggested answers. If, however, the author's answer is wrong, then same will not be posted here in this blog for definitely it will not help the readers.