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A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams

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Katie Robinson
Katie Robinson

This document contains a table of contents and introduction for a collection of summaries of Philippine Bar Examination questions from 1975 to 2004 arranged by topic in civil law. It discusses the purpose and scope of the work, which is to provide a deeper understanding of civil law issues covered in the bar exam for law students, especially those from provinces. It notes some potential errors and limitations in classifications and phrasing given it was compiled by recent bar examinees within time constraints.

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Page 1 of 391 ANSWERS TO BAR EXAMINATION QUESTIONS IN CIVIL LAW ARRANGED BY TOPIC (1975 – 2004) Edited and Arranged by: Janette Laggui-Icao and Alex Andrew P. Icao (Silliman University College of Law) From the ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX July 26, 2005
Page 2 of 391 This work is not intended for sale or commerce. This work is freeware. It may be freely copied and distributed. It is primarily intended for all those who desire to have a deeper understanding of the issues touched by the Philippine Bar Examinations and its trend. It is specially intended for law students from the provinces who, very often, are recipients of deliberately distorted notes from other unscrupulous law schools and students. Share to others this work and you will be richly rewarded by God in heaven. It is also very good karma. We would like to seek the indulgence of the reader for some Bar Questions which are improperly classified under a topic and for some topics which are improperly or ignorantly phrased, for the authors are just Bar Reviewees who have prepared this work while reviewing for the Bar Exams under time constraints and within their limited knowledge of the law. We would like to seek the reader’s indulgence for a lot of typographical errors in this work. The Authors July 26, 2005
Page 3 of 391 Table of Contents Persons ..........................................................................................................11 Conflict of laws ............................................................................................25 Adoption.........................................................................................................52 Family Code ..................................................................................................58 Succession..................................................................................................112 Donations ...................................................................................................157 Modes of Acquiring Ownership ...........................................................167 Property .......................................................................................................169 LTD.................................................................................................................211 Prescription.................................................................................................245 Contracts ....................................................................................................250 Estoppel .......................................................................................................263 Natural obligations ...................................................................................265 Obligations .................................................................................................265 Trusts ............................................................................................................297 Sales .............................................................................................................301 Lease.............................................................................................................324 Common carriers ......................................................................................335 Agency..........................................................................................................339 Partnership..................................................................................................346 Commodatum & Mutuum .......................................................................352 Deposit..........................................................................................................356 Surety............................................................................................................358 Antichresis Mortgage Pledge ...........................................................................................................363 Quasi-contracts .........................................................................................367 Torts and damages...................................................................................372 Aleatory contracts; gambling ...............................................................390 Compromises and arbitration...............................................................390
Page 4 of 391 Detailed Table of Contents Persons ..........................................................................................................11 civil register...................................................................................................12 conclusive presumption of knowledge of the law..........................................13 decisions of inferior courts ............................................................................14 duty of judges to render judgment ................................................................14 effect of obiter and dissenting opinion; decisions of the SC..........................14 effectivity of laws...........................................................................................14 emancipation ................................................................................................15 equity ............................................................................................................16 human relations ............................................................................................16 ignorance of the law vs mistake of fact........................................................17 independent civil action ................................................................................17 juridical capacity vs capacity to act...............................................................18 natural persons.............................................................................................19 prejudicial question.......................................................................................19 presumption of simultaneous death..............................................................20 prospectivity of laws; exceptions...................................................................22 restrictions on capacity to act........................................................................22 use of surnames ...........................................................................................23 waiver ...........................................................................................................23 Conflict of laws ............................................................................................25 Art. 15, 16 & 17 ............................................................................................ 25 cognovit; borrowing statute; characterization................................................32 effect of divorce granted to former Filipinos..................................................32 effect of divorce secured abroad...................................................................33 forum non conveniens & lex loci contractus & long arm statute....................34 laws governing contracts ..............................................................................36 laws governing contracts of carriage ............................................................36 laws governing divorce .................................................................................37 laws governing marriages.............................................................................38 laws governing real and personal property ...................................................40 laws governing succession ...........................................................................40 laws governing wills ......................................................................................43 nationality theory...........................................................................................44 naturalization ................................................................................................45 operation of foreign laws upon resident ........................................................46 processual presumption................................................................................47 renvoi doctrine ..............................................................................................47 significant relationships theory......................................................................49 theory of effective nationality ........................................................................49 torts; prescriptive period ...............................................................................49 Adoption.........................................................................................................52 qualifications of adopter................................................................................52 successional rights of adopted child .............................................................55 who are considered as natural parents.........................................................56 Family Code ..................................................................................................58 Annulment effects; requisites before remarriage .....................................................59 fraud ......................................................................................................60 grounds..................................................................................................62 judicial declaration .................................................................................62
Page 5 of 391 Legal Separation; prescription of actions...............................................63 proper party ...........................................................................................63 psychological incapacity ........................................................................64 art. 26 ...........................................................................................................64 declaration of nullity: annulment: legal separation: separation of property – grounds.........................................................................................................66 divorce; void marriages.................................................................................67 donations by reason of marriage; effect of declaration of nullity ...................67 effect of divorce; void marriages...................................................................68 emancipation ................................................................................................69 family ............................................................................................................69 family home ..................................................................................................70 legal separation ............................................................................................71 grounds..................................................................................................71 proper party ...........................................................................................72 nullity; annulment; legal separation; grounds................................................72 parental authority..........................................................................................73 paternity and filiation.....................................................................................75 presumptive legitime.....................................................................................80 property regime of unions without marriage..................................................81 property relations..........................................................................................83 charges..................................................................................................91 conjugal partnership pf gains.................................................................92 dissolution of partnership; custody of children.......................................93 donations between spouses ..................................................................94 marriage settlements .............................................................................94 separation of property............................................................................96 requisites of marriage ...................................................................................97 retroactive application; vested rights...........................................................103 rights and obligations of husband and wife.................................................103 special parental authority; liability of teachers.............................................105 support........................................................................................................105 void marriages ............................................................................................106 legal personality to seek declaration of nullity......................................109 property regime ...................................................................................110 psychological incpacity ........................................................................110 Succession acceptance, repudiation, collation...............................................................112 amount of successional rights.....................................................................112 barrier between illegitimate and legitimate relatives ...................................112 capacity to inherit; conditional devise .........................................................113 collation ......................................................................................................114 disinheritance..............................................................................................115 donation of a spouse’s share......................................................................120 incapacity....................................................................................................121 intestate heirs .............................................................................................121 intestate proceedings; jurisdiction...............................................................123 intestate succession ...................................................................................123 joint wills .....................................................................................................136 legal separation; effect................................................................................136 legitime .......................................................................................................136 order of succession and sharing; right of representation, institution, accretion ....................................................................................................................138 partition.......................................................................................................139 preterition....................................................................................................139 probate .......................................................................................................141 renunciation; compromise...........................................................................144
Page 6 of 391 representation.............................................................................................144 reserva troncal............................................................................................145 right of representation.................................................................................148 testate succession ......................................................................................148 transmission of rights to succession ...........................................................149 when death takes place; pesumptive legitime.............................................150 wills.............................................................................................................151 codicil...................................................................................................151 formalities ............................................................................................151 revocation............................................................................................154 testamentary intent ..............................................................................155 witnesses to holographic wills..............................................................156 Donations Donation & Sales ownership of the thing donated ......................................157 Annulment...................................................................................................157 donations mortis causa...............................................................................160 donee’s civil personality..............................................................................161 effect of illegal and immoral conditions.......................................................161 kinds ...........................................................................................................162 mortis causa; formalities .............................................................................163 requisited for perfection ..............................................................................163 revocation ...................................................................................................164 valid acceptance.........................................................................................165 Modes of Acquiring Ownership ...........................................................167 Property accession....................................................................................................169 chattel mortgage over immovables.............................................................173 co-ownership ..............................................................................................173 easements ..................................................................................................180 good faith/ bad faith ....................................................................................189 hidden treasure...........................................................................................196 immovable properties; chattel mortgage over immovables.........................198 nuisance .....................................................................................................199 possession vs occupation...........................................................................201 possession; 559..........................................................................................201 possession; squatting .................................................................................204 real vs personal property ............................................................................205 rights of a property owner; limitations .........................................................207 usufruct.......................................................................................................207 LTD.................................................................................................................211 acquisition of lands; citizenship requirement ..............................................211 Act 3344 .....................................................................................................212 amendment of entries in a certificate of title ...............................................212 annotation of lis pendens............................................................................213 annotations; classification...........................................................................213 foreshore lands...........................................................................................214 homestead..................................................................................................214 increase of area by accession ....................................................................217 indefeasibility of title....................................................................................217 IPV adverse claims ......................................................................................217 buyer in good faith; laches.....................................................................218 collateral attack .....................................................................................218 constructive trust ...................................................................................219 effect of entry in day book; acquisitive prescription; laches...................219 effect of laches ......................................................................................220
Page 7 of 391 foreclosure of registered lands; prescription..........................................220 forged deed as a root or title..................................................................221 forgery; innocent purchaser for value ....................................................223 fraud in the procurement of patent ........................................................224 free patents; jurisdiction of Director of Lands ........................................225 government lands..................................................................................225 innocent purchaser for value .................................................................226 lis pendens ............................................................................................227 mirror principle.......................................................................................227 notice of lis pendens; transferee pendente lite ......................................228 reconveyance........................................................................................229 registration as the operative act of conveying the land..........................230 remedies; prescriptive period ................................................................230 remedies; reconveyance .......................................................................231 reopening of a decree of registration.....................................................232 sale of unregistered lands .....................................................................236 unregistered land...................................................................................236 use of fraud in aplication of title; prescriptive period for reconveyance .237 judicial confirmation of imperfect title..........................................................238 judicial reconstitution of title........................................................................239 ministerial duty of the Register of deeds to register....................................240 procedure; consulta ....................................................................................241 reclamation of foreshore lands....................................................................241 redemption..................................................................................................242 scope of registration ...................................................................................242 torrens vs recording....................................................................................243 writ of possession .......................................................................................243 Prescription.................................................................................................245 acquisitive; movable ...................................................................................246 just title .......................................................................................................246 laches .........................................................................................................247 real rights....................................................................................................248 Contracts annulment of contracts; capacity to sue......................................................250 annulment of contracts; prescriptive period ................................................250 consensual vs real contracts.......................................................................251 consent; invitation to bid .............................................................................251 consideration; validity .................................................................................252 form of contracts.........................................................................................252 inducing another to violate a contract .........................................................253 innominate contracts...................................................................................253 obligatory nature of contracts......................................................................254 perfection of contracts; obligations with a period ........................................255 privity of contract.........................................................................................255 reformation of instruments ..........................................................................256 rescission of contracts; capacity to sue ......................................................256 Statute of Frauds ........................................................................................257 stipulation pour atrui ...................................................................................259 void contracts; in pari delicto principle ........................................................260 void contracts; usurious interests................................................................260 void vs voidable contracts...........................................................................261 void/unenforceable contracts......................................................................261 voidable contracts.......................................................................................261 Estoppel .......................................................................................................263 Natural obligations ...................................................................................265 Obligations
Page 8 of 391 alternative/ facultative obligations...............................................................265 alternative/facultative obligations................................................................265 civil vs natural oblig.....................................................................................266 conditional obligations ................................................................................267 exemption from liability due to fortuitous events; exceptions ......................270 extinguishment of a cause of action............................................................270 extinguishment assignment of rights ............................................................................270 compensation ......................................................................................271 compensation vs payment............................................................272 compensation: payment: confusion: set-off ..................................273 condonation.........................................................................................273 dation...................................................................................................274 dation in payment vs assignment .................................................275 extraordinary inflation or deflation........................................................275 loss ......................................................................................................276 loss; impossible service................................................................277 novation...............................................................................................277 payment...............................................................................................281 consignation, set-off .....................................................................283 application ....................................................................................284 consignation, when applicable......................................................284 fortuitous events .........................................................................................285 joint/ solidary liability...................................................................................286 loss of the thing due....................................................................................290 loss of the thing due; force majeure............................................................290 nature and effect of obligations...................................................................291 obligation to deliver a determinate thing; effect of loss ...............................291 obligation to deliver a generic thing ............................................................292 obligation to give; obligation to do...............................................................293 obligations with a penal clause ...................................................................294 obligations with a period .............................................................................295 suspensive period dependent upon will of debtor................................297 Trusts ............................................................................................................297 Sales Sales & Donation; ownership of the thing sold............................................301 Art. 1592 .....................................................................................................301 assignment of credit....................................................................................302 conditional sale vs absolute sale ................................................................302 contract of sale vs agency to sell................................................................303 contract of sale vs contract to sell...............................................................303 contract to sell.............................................................................................303 contract to sell vs contract of sale...............................................................304 double sales................................................................................................304 effect of oral sale ........................................................................................306 equitable mortgage.....................................................................................307 Maceda law.................................................................................................310 option contract ............................................................................................312 option; earnest money; Art. 1592................................................................312 pacto de retro; when not .............................................................................313 perfected sale .............................................................................................314 Recto law....................................................................................................315 redemption (conventional and legal)...........................................................317 redemption; legal; by co-owners..........................................................318 right of first refusal ......................................................................................319 right of repurchase......................................................................................320 tradition.......................................................................................................320
Page 9 of 391 transfer of ownership ..................................................................................321 vendor’s lien................................................................................................322 who bears risk of loss .................................................................................322 Lease.............................................................................................................324 Lease of urban lands ..................................................................................325 contract for a piece of work.........................................................................326 contract for a piece of work; liability of architects/contractors................326 contract of labor..........................................................................................327 effect of death of lesee ...............................................................................327 ejectment ....................................................................................................327 extinguishment............................................................................................328 implied new lease .......................................................................................328 lease of rural lands .....................................................................................329 lease with a term.........................................................................................329 liability for hidden defects ...........................................................................330 option to buy ...............................................................................................331 reduction of rent..........................................................................................331 rights and obligations of leasee and lessor.................................................332 sublease .....................................................................................................332 sublease; delay in payment of rentals ...................................................333 Common carriers ......................................................................................335 Agency..........................................................................................................339 agency vs sale............................................................................................339 appointment of sub-agent ...........................................................................339 authority to sell does not include authority to collect...................................340 commission.................................................................................................340 coupled with an interest ..............................................................................340 general vs special agency ..........................................................................342 liability of an agent......................................................................................342 to render an account .............................................................................343 powers of the agent ....................................................................................343 termination; death or principal: double sales ..............................................344 termination; effect of death of agent ...........................................................344 Partnership..................................................................................................346 conveyance of a partner’s share dissolution...............................................346 dissolution...................................................................................................346 effect of death of partner.............................................................................347 obligations of a partner ...............................................................................347 partner by estoppel.....................................................................................348 partner vs lender (debtor) ...........................................................................348 revocation of manager’s power; liability of an industrial partner..................349 who can form partnerships; spouses; corporations.....................................350 Commodatum & Mutuum .......................................................................352 Commodatum .............................................................................................352 Commodatum vs usufruct......................................................................352 Commodatum; liabilties of a bailee.......................................................353 Mutuum vs commodatum....................................................................................353 interests.................................................................................................353 Deposit..........................................................................................................356 Surety............................................................................................................358 recovery of deficiency .................................................................................358 Antichresis vs pledge and mortgage .............................................................................359 Mortgage
Page 10 of 391 Chattel mortgage ........................................................................................360 chattel mortgage vs pledge.........................................................................360 effect of loss of thing mortgaged upon principal oblig.................................361 pactum commissorium................................................................................361 real & chattel; future loans ..........................................................................362 real estate mortgage vs sale with repurchase.............................................362 right of redemption vs equity of redemption................................................363 Pledge ...........................................................................................................363 effect of loss of thing pledged upon principal obligation: immediate demandability of principal oblig...................................................................364 vs mortgage; antichresis.............................................................................365 use of the thing pledged .............................................................................365 Quasi-contracts .........................................................................................367 Negotiorium gestio......................................................................................367 1474; reasonable value ..............................................................................370 solutio indebiti.............................................................................................370 Torts and damages...................................................................................372 abuse of right..............................................................................................373 acts contrary to morals ...............................................................................374 actual and moral damages .........................................................................374 breach of contract.......................................................................................375 collapse of structures..................................................................................375 common carriers.........................................................................................376 damages.....................................................................................................376 damages arising from death of unborn child...............................................377 damages; moral damages & atty fees ........................................................378 death indemnity ..........................................................................................378 defense; due diligence in selection.............................................................379 filing of separate civil action; need for reservation ......................................379 human relations ..........................................................................................380 insurance; subrogation ...............................................................................382 loss of an unborn child................................................................................382 product liability............................................................................................383 quasi- delict.................................................................................................383 vicarious liability..........................................................................................384 defenses; fortuitous event...........................................................................385 liability of employer for damage caused by employees; defense of due diligence ....................................................................................................................385 motor vehicle mishaps; solidary liability of owner who was in the vehicle...386 primary liability vs subsidiary liability of employers .....................................387 vicarious liability..........................................................................................388 Aleatory contracts; gambling ...............................................................390 Compromises and arbitration...............................................................390
Page 11 of 391 00; Civil law vs common law; trend and governance 1997 No. 1: How would you compare the Civil Law system in its governance and trend with that of the Common Law system? Answer: As regards "governance": Governance in Civil Law is codal, statutory and written law. It is additionally derived from case law. Common law is basically derived from case law. As regards "trend": Civil law is now tending to rely more and more on decisions of the courts explaining the laws. Common law is now codifying laws more and more. So they are now merging towards similar systems. Additional Answers: 1. Common law refers to the traditional part of the law as distinct from legislation; it refers to the universal part of law as distinct from particular local customs (Encyclopedia Americana, Vol. 7). On the other hand, civil law is understood lo be that branch of law governing the relationship of persons in respect of their personal and private interests as distinguished from both public and international laws. In common law countries, the traditional responsibility has for the most part been with the judges; in civil law countries, the task is primarily reposed on the lawmakers. Contemporary practices, however, so indicate a trend towards centralizing that function to professional groups that may indeed, see the gradual assimilation in time of both systems. [Vitug, Civil. Law and Jurisprudence, p. XX) 2. In Civil Law. the statutes theoretically take precedence over court decisions interpreting them; while in Common Law, the court decisions resolving specific cases are regarded as law rather than the statutes themselves which are, at the start, merely embodiments of case law. Civil Law is code law or written law, while Common Law is case law. Civil Law adopts the deductive method - from the general to the particular, while the Common Law uses the inductive approach - from the particular to the general. Common Law relies on equity. Civil Law anchors itself on the letter of the law. The civilists are for the judge-proof law even as the Common Law Is judge-made law. Civil Law judges are merely supposed to apply laws and not interpret them. 00; Civil law; definition; sources 1977 No. I-a What is civil law? What are the sources of the New Civil Code of the Philippines? Answer Civil Law is defined as the mass of precepts which determines and regulates those relations of assistance, authority and obedience existing among members of a family as well as among members of a society for the protection of private interests. The sources of the Civil Code of the Philippines are: (1) Civil Code of Spain of 1889; (2) Codes and laws of other countries, such as Spain, the various states of the United States, especially California and Louisiana, France, Argentina, Germany, Mexico, Switzerland, England and Italy; (3) Judicial decisions of the Supreme Courts of the Philippines, of various states of the United States, of Spain, and of other countries; (4) Philippine laws or statutes, such as the Code of Civil Procedure (Act No. 190), the Rules of Court, the Marriage Law (Act No. 3613), and the Divorce Law (Act No. 2710); (5) Works of jurists of various nations; (6) Filipino customs and traditions; and (7) The Code Commission itself. 00; Persons
Page 12 of 391 1988 No 1; (c) As a rule, once the criminal action has been commenced, the civil action for damages arising from the offense charged shall be suspended until the final termination of the criminal action. What are the exceptions to said rule as provided by the Civil Code? Answer: (c) The exceptions are as follows: (1) Where the civil action is based on an obligation not arising from the act or omission complained of as a felony, such as when the basis of the civil action is culpa contractual, culpa aquiliana, etc. (Arts. 31, 2177, CC). (2) Where the law grants to the injured party the right to institute a civil action which is entirely separate and independent from the criminal action, such as when the action is based on (a) interferences by public officers or employees or by private individuals with civil rights and liberties; (b) defamation; (c) fraud; (d) physical injuries; or (e) refusal or neglect of a city or municipal police officer to "render aid or protection in case of danger to life or property (Arts. 32,33, 34, CC). (3) Where the question to be resolved in the civil action is prejudicial to the criminal action (Art. 36, CC). Alternative Answers to: No. 1 (a) and (b) (a) A prejudicial question is a question which arises in a civil suit, the resolution of which is determinative of the guilt or innocence of the accused. Its essential elements, as prescribed by Section 5 of Rule 111 are: (a) the civil action involves an issue raised in the criminal action; and (b) the resolution of such issue determines whether or not the criminal action may proceed. Its effect upon a criminal case is to suspend the criminal case if one has already been commenced. (b) Considering that the acquittal is not based on reasonable doubt but on a positive finding of innocence (he was not negligent) the civil action can no longer prosper. The civil liability arising from the act complained of as a felony is barred by the finding of innocence. However, the civil action for damages based on an obligation ex-contractu is not deemed barred because of article 31 of the Civil Code. 00; Persons; civil register 1975 No. VIII An illegitimate child of a Chinese father and a Filipino mother was registered in the Civil Registry as a Chinese. She filed a petition for the correction of the entry to make her citizenship read 'Filipino" in view of the absence of marriage between her parents. Will the petition prosper? Why? Answer Not the petition will not prosper. While ostensibly, the action seeks a mere correction of an entry in the Civil Registry, it in effect requests the judicial declaration of Philippine citizenship. The correction is not merely of a clerical error and therefore cannot be made through a petition for the correction of an entry in the civil register. In a line of decisions the Supreme Court has consistently refused to entertain petitions of this nature. (China v. Republic, 27 SCRA 447) 00; Persons; civil register; correction of entries
Page 13 of 391 1987 No. 3: Celso Lim would like to correct an allegedly wrong entry in the birth certificate of one of his sons, Celso Jr., describing the latter as a Chinese national and not as a Filipino. Among the evidence Celso Lim had are his own birth certificate describing him as a Filipino, the birth certificate of his other children, all describing them as Filipinos and a court decision describing his father (Celso, Jr.'s grandfather) as a Filipino. (a) What action must Celso Lim take to ensure the effective correction of the allegedly wrong entry in his son's birth certificate? (b) Who should be made parties to such action or proceeding? Answer: a, Celso must file a petition in an adversary proceeding to correct the erroneous entry. In the case of Republic v. Valencia, (L-32181, March 5, 1986), it was ruled that not only clerical errors can be the subject-matter of the petition, but even the controversial entries can be corrected. b. Under Rule 108 of the Rules of Court, he should notify the Civil Registrar and all the persons affected or who have an interest in the subject matter of the petition, including the Solicitor General. 00; Persons; civil registry 1981 No. 18 (c) True or false? -- The records of a person's birth, as kept by the Civil Registrar, is a public record and may be inquired into by a person interested. Answer (c) False. According to the Child and Youth Welfare Code, the records of a person's birth shall be kept strictly confidential and no information relating thereto shall be issued except in certain cases enumerated in the law. (See Art. 7). 00; Persons; conclusive presumption of knowledge of the law 1985 No. 1 A) Although far from reality, everyone is conclusively presumed to know the law pursuant to Article 3 of the New Civil Code which states that "ignorance of the law excuses no one from compliance therewith." Discuss the underlying philosophy behind said pro vision. Answers: A) 1. The philosophy of the law is founded upon public policy. The rule excludes ignorance as an excuse for not complying with the law. Acts contrary to law should not have the same effects as when done conformably with the law merely because of ignorance, 2. The philosophy of the law is founded upon public policy. The rule excludes ignorance as an excuse for not complying with the law. Acts contrary to law should not have the same effects as when done conformably with the law merely because of ignorance. It is based on necessity and expediency. 3. Ignorance of the law does not excuse compliance with the law of the land (Art. 3, Civil Code) whether civil or penal and whether substantive or remedial. This principle is founded not only on expediency and public policy but on necessity; otherwise, an easy shelter from a disregard of the law may easily and conveniently be available.
Page 14 of 391 4. Ignorance of the law does not excuse compliance with the law of the land (Art. 8, Civil Code) whether civil or penal and whether substantial or remedial (People vs. Malvar, 21 SCRA 1119). This principle is founded not only on expediency and public policy but on necessity (see Zulueta vs. Zulueta, 1 Phil 256); otherwise an easy shelter from a disregard of the law may easily and conveniently be available. 00; Persons; decisions of inferior courts 1994 No. 4: 1) Are decisions of the Court of Appeals considered laws? Alternative Answers: 1) a) No, but decisions of the Court of Appeals may serve as precedents for inferior courts on points of law not covered by any Supreme Court decision, and a ruling of the Court of Appeals may become a doctrine. (Miranda u. Imperial 77 Phil. 1066). b) No. Decisions of the Court of Appeals merely have persuasive, and therefore no mandatory effect. However, a conclusion or pronouncement which covers a point of law still undecided may still serve as judicial guide and it is possible that the same maybe raised to the status of doctrine. If after it has been subjected to test in the crucible of analysis, the Supreme Court should find that it has merits and qualities sufficient for its consideration as a rule of jurisprudence (Civil Code, Paras). 00; Persons; duty of judges to render judgment 1977 No. XX-b According to the Civil Code, no judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. How should the judge or court then decide the controversy before him? Answer The judge shall apply the custom of the place. This can easily be inferred from the Civil Code (Arts. 9, et seq., Civil Code). In default thereof, he shall apply the general principles of law and justice. 00; Persons; effect of obiter and dissenting opinion; decisions of the SC 1994 No. 4: 2) What are the binding effects of an obiter dictum and a dissenting opinion? 3) How can a decision of the Supreme Court be set aside? Alternative Answers: 2) None. Obiter dictum and opinions are not necessary to the determination of a case. They are not binding and cannot have the force of official precedents. It is as if the Court were turning aside from the main topic of the case to collateral subjects: a dissenting opinion affirms or overrules a claim, right or obligation. It neither disposes nor awards anything it merely expresses the view of the dissenter. (Civil Code, Paras] 3) A decision of a division of the Supreme Court maybe set aside by the Supreme Court sitting en banc, a Supreme Court decision may be set aside by a contrary ruling of the Supreme Court itself or by a corrective legislative act of Congress, although said laws cannot adversely affect those favored prior to the Supreme Court decision. [Civil Code, Paras). 00; Persons; effectivity of laws
Page 15 of 391 1990 No 14: After a devastating storm causing widespread destruction in four Central Luzon provinces, the executive and legislative branches of the government agreed to enact a special law appropriating P1 billion for purposes of relief and rehabilitation for the provinces. In view of the urgent nature of the legislative enactment, ft is provided in its effectivity clause that it shall take effect upon approval and after completion of publication in the Official Gazette and a newspaper of general circulation in the Philippines. The law was passed by the Congress on July 1, 1990. signed into law by the President on July 3, 1990, and published in such newspaper of general circulation on July 7, 1990 and in the Official Gazette on July 10, 1990. (a) As to the publication of said legislative enactment, is there sufficient observance or compliance with the requirements for a valid publication? Explain your answer. (b) When did the law take effect? Explain your answer. (c) Can the executive branch start releasing and disbursing funds appropriated by the said law the day following its approval? Explain your answer. Answer: (a) Yes, there is sufficient compliance. The law itself prescribes the requisites of publication for its effectivity, and all requisites have been complied with. (Article 2, Civil Code) (b) The law takes effect upon compliance with all the conditions for effectivity, and the last condition was complied with on July 10, 1990. Hence, the" law became effective on that date. (c) No. It was not yet effective when it was approved by Congress on July 1, 1990 and approved by the President on July 3, 1990. The other requisites for its effectivity were not yet complete at the time. 00; Persons; emancipation 1986 No. 2: Mr, Mamirapal, 19 years old and married, seeks to do the following: 1. Lend his money at interest 2. Donate a piece of his land to his infant son. 3. Sell his car. 4. Sue his neighbor for damages. The land, money, and car are Mamirapal's separate property derived from his own income. He is not sure whether he can legally do all these things without his father's consent and assistance. He comes to you for advice. What advice will you give him? Answer: I will advice Mamirapal: (1) to lend his money at interest without securing his father's consent or assistance; (2) to donate a piece of his land to his infant son. but with father's consent; (3) to sell his car without father's consent or assistance; and (4) to sue his neighbor for damages, but with his father's assistance. Although Mamirapal is already emancipated, his emancipation is not perfect or plenary in character. Under the law, he cannot borrow money or alienate or encumber real property without the consent of his father. Neither can he sue or be sued without the assistance of his father. It is obvious that only Nos. (2) and (4) fall within the purview of these exceptions.
Page 16 of 391 (Note - The above answer is based upon Art. 399 of the Civil Code). Answer The C.C. provides that an emancipated minor cannot borrow money, alienate or encumber real property without the consent of his parent or guardian. Neither can he sue or be sued without the assistance of his parent or guardian. Therefore, the answer to questions: 1) Yes, he can legally do it alone; 2) No, because donation is a form of alienation; 3) Yes, as property is movable; 4) He needs the assistance of his father. 00; Persons; equity 2003 No I It is said that “equity follows the law” What do you understand by this phrase, and what are its basic implications? Suggested Answer: “Equity Follows the law” means that courts exercising equity jurisdiction are bound by rules of law and have no arbitrary discretion to disregard them. (Arsenal v IAC, 143 SCRA 40 [1986]). Equity is applied only in the absence of but never against statutory law. (Toyota Motor Phil. V CA 216 SCRA 236 [1992]). 5% 00; Persons; human relations 1978 No. I-a B, a married man, by force and intimidation, succeeded in having sexual intercourse with A, single, without her consent. As a result, A became pregnant. A sued B for damages, Is B liable for damages? Why? Answer B is liable for damages. From the factual setting stated in the problem, it is clear that B's act is contrary to law and that he has willfully caused damage to A. As a matter of fact, he has committed the crime of rape. According to the Civil Code, every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same. Consequently, B is liable for compensatory damages, moral damages, exemplary damages and attorney's fees. (NOTE: The above answer is based on Art. 20 of the Civil Code and on the corresponding provisions of the Code on damages, such as Arts. 2202 and 2204 with respect to compensatory damages, Arts. 2219 with respect to moral damages, Arts. 2230 and 2234 with respect to exemplary damages, and Art. 2208 with respect to attorney's fees.) Alternative Answer B is liable for damages. It must be observed that his act which has caused damage to A may be considered as a crime or as a quasi-delict. It is now well- settled doctrine in this jurisdiction that his act gives rise to two separate and independent liabilities—first, the civil liability arising from crime (culpa criminal) and second, the civil liability arising from quasi-delict (culpa aquilana). These two liabilities may be enforced by A against B simultaneously or successively. What is barred by the law is double recovery. Whether based on the crime or on the quasi- delict, B is liable for compensatory damages, moral damages, exemplary damages and attorney's fees.
Page 17 of 391 (NOTE: The above answer is based on Elcano v. Hill, 77 SCRA 98. It has also been suggested that an answer based on Article 21 of the Civil Code should also be accepted as a correct answer.) 00; Persons; ignorance of the law vs mistake of fact 1996 No. 1: 1) Is there any difference in their legal effect between ignorance of the law and ignorance or mistake of fact? Answer; Yes, there is a difference. While ignorance of the law is not an excuse for not complying with it, ignorance of fact eliminates criminal intent as long as there is no negligence (Art, NCC). In addition, mistake on a doubtful or difficult question of law may be the basis of good faith (Art. 526. NCC). Mistake of fact may, furthermore, vitiate consent in a contract and make it voidable (Art. 1390. NCC). Alternative Answer: Yes. ignorance of the law differs in legal effect from Ignorance or mistake of fact. The former does not excuse a party from the legal consequences of his conduct while the latter does constitute an excuse and is a legal defense. 00; Persons; independent civil action 1983 No. 1 After an altercation with B, A hit B's car with a piece of wood, breaking the windshield. When C came along and tried to pacify A, the latter stabbed the former, causing injuries which would have been fatal were it not for timely medical attention. A was charged with frustrated homicide and malicious mischief. Two separate civil actions for damages were also filed against him, one by B and the other by C. A moved for the suspension of the civil actions until after the termination of the criminal cases. Resolve with reasons. Answer It should be denied in so far as the civil action for damages arising from B's injuries is concerned. In cases of physical injuries, which have been held to include homicide, whether consummated or frustrated, a civil action for damages, entirely separate and distinct from the criminal action may be brought by the injured party and shall proceed independently of the criminal proceeding. It should, however, be sustained as to the civil action to recover indemnity for the damage to the taxi, it not being one of the cases specified in the Code in which an independent civil action may be maintained. For this reason, it must be held in abeyance until the termination of the criminal action. 00; Persons; independent civil actions 1976 No. I-a During a brawl in a basketball game, A Attacks B with a bottle and causes physical injuries. If B files a civil case against A for damages and during its pendency a criminal case is filed against A, should the civil case be suspended meanwhile? Explain. (Abellana vs. Marave, 57 SCRA 106) Answer
Page 18 of 391 No, because the civil action for damages arising from physical injuries is an independent civil action and is entirely separate and distinct from the criminal action. (Article 33) 00; Persons; independent civil actions 1976 No. I-b If a criminal case is filed first, may the civil case be filed during the pendency of the criminal case or later, even without a reservation? Explain. Answer Yes. The civil case may be filed during the pendency of the criminal case even without a reservation, it being an independent, civil action. It is a substantive right and cannot be affected or modified by the Rules of Court. (Abellana v. Marave, 57 SCRA 106) 2. If the criminal case is no longer pending, there are two possibilities. There is either an acquittal or conviction. If there is an acquittal based on a positive finding of innocence with a pronouncement that the facts from which the civil case might arise do not exist, then the civil action cannot be filed; but if it is an acquittal based on reasonable doubt, then the civil action may still prosper. If the criminal cage resulted in conviction, whether damages were awarded or not, the civil case may no longer prosper, if any of the following circumstances took place: (a) If a private prosecutor appeared in the criminal case, which is an indication that the civil action was instituted together with the criminal case; or (b) If the injured party in the civil case actively participated and/or intervened in the criminal case. (Manio vs. Gaddi, 44 SCRA 198 (1972) 00; Persons; independent civil actions 1976 No. I-c Does Article 33 of the Civil Code on separate civil action for damages arising from injuries require that there be a reservation in the criminal case to file a separate civil action? Explain Answer Best Answer: No, because Article 33 provides that it is separate and distinct from the criminal action and may proceed independently of the criminal action. It is a substantive right and cannot be rendered nugatory by the Rules of Court. The power of the Supreme Court to promulgate rules is limited to pleadings, practice and procedure. (Abellana vs-Marave, supra) Alternative Answer 1. Yes, because Section 2, Rule 111 in relation to Article 33 requires a reservation in order to take out the civil case from the jurisdiction of the criminal court. The civil liability resulting from damages and the law accord the injured party an option to reserve or not to reserve. (Padua v. Robles) 2. Yes, because the general rule is that when a criminal action is filed, the civil action is impliedly instituted in the same criminal case, 00; Persons; juridical capacity vs capacity to act 1996 No. 1:
Page 19 of 391 2) Distinguish juridical capacity from capacity to act, Answer: Juridical capacity is the fitness to be the subject of legal relations while capacity to act Is the power or to do acts with legal effect. The former is inherent in every natural person and is lost only through death while the latter is merely acquired and may be lost even before death (Art. 37, NCC). Alternative Answer; Juridical capacity, as distinguished from capacity to act: (a) the former is passive while the latter is active, (b) the former is inherent in a person while the latter is merely acquired, (c) the former is lost only through death while the latter may be lost through death or restricted by causes other than death, and Id) the former can exist without capacity to act while the latter cannot exist without juridical capacity. 00; Persons; natural persons 1999 No I. Elated that her sister who had been married for five years was pregnant for the first time, Alma donated P100,000.00 to the unborn child. Unfortunately, the baby died one hour after delivery. May Alma recover the P100.000.00 that she had donated to said baby before it was born considering that the baby died? Stated otherwise, is the donation valid and binding? Explain. (5%) ANSWER: The donation is valid and binding, being an act favorable to the unborn child, but only if the baby had an intra-uterine life of not less than seven months and pro- vided there was due acceptance of the donation by the proper person representing said child. If the child had less than seven months of intra-uterine life, it is not deemed born since it died less than 24 hours following its delivery, in which ease the donation never became effective since the donee never became a person, birth being determinative of personality. ALTERNATIVE ANSWER: Even if the baby had an intra-uterine life of more than seven months and the donation was properly accepted, it would be void for not having conformed with the proper form. In order to be valid, the donation and acceptance of personal property exceeding five thousand pesos should be in writing. (Article 748, par. 3) 00; Persons; prejudicial question 1988 No 1; (a) What is' a prejudicial question? What are its elements? What is its effect upon a criminal action? Answer: (a) A prejudicial question is a question which arises in a case, the resolution of which is a logical antecedent of the issue involved in said case, and the cognizance of which pertains to another tribunal (People vs. Aragon 94 Phil. 357; Jimenez vs. Aceria 22 SCRA 1380). It has two elements. They are: First, that it must be determinative of the guilt or innocence of the accused in the criminal case; and second, jurisdiction to try said question must be lodged in another tribunal (Ibid.) Its effect upon a criminal case is to suspend it if one has already been commenced (Article 36, CC). This is of course, the reverse of the ordinary rule of procedure. The reason for this is that the resolution of the question is determinative of the guilt or innocence of the accused in the criminal case.
Page 20 of 391 00; Persons; prejudicial questions 1997 No. 3: In the context that the term is used in Civil Law, state the (a) concept, (b) requisites and (c) consequences of a prejudicial question, Answer: (a) Concept A prejudicial question is one which must be decided first before a criminal action may be instituted or may proceed because a decision therein is vital to the judgment in the criminal case. In the case of People vs. Adelo Aragon (L-5930, Feb. 17, 1954), the Supreme Court defined it as one which arises in a case, the resolution of which question is a logical antecedent of the issues involved in said case and the cognizance of which pertains to another tribunal (Paras, Vol. 1, Civil. Code Annotation, 1989 ed. p, 194). (b) Requisites 1, The prejudicial question must be determinative of the case before the court. 2. Jurisdiction to try said question must be lodged in another tribunal. Additional Answer: 1. The civil action involves an issue similar or intimately related to the issue raised in the criminal action, and 2. the resolution of such issue determines whether or not the criminal action may proceed. (c) Consequences The criminal case must be suspended. Thus, in a criminal case for damages to one's property, a civil action that involves -the ownership of said property should first be resolved (De Leon vs. Mabanag. 38 Phil. 202) 00; Persons; presumption of simultaneous death 1998 No III. Jaime, who is 65, and his son, Willy, who is 25, died in a plane crash. There is no proof as to who died first. Jaime's only surviving heir is his wife, Julia, who is also Willy's mother. Willy's surviving heirs are his mother, Julia and his wife, Wilma. 1. In the settlement of Jaime's estate, can Wilma successfully claim that her late husband, Willy had a hereditary share since he was much younger than his father and, therefore, should be presumed to have survived longer? [3%] 2. Suppose Jaime had a life insurance policy with his wife, Julia, and his son, Willy, as the beneficiaries. Can Wilma successfully claim that one-half of the proceeds should belong to Willy's estate? |2%J Answer: 1. No, Wilma cannot successfully claim that Willy had a hereditary share in his father's estate. Under Art. 43, Civil Code, two persons "who are called to succeed each other" are presumed to have died at the same time, in the absence of proof as to which of them died first. This presumption of simultaneous death applies in cases involving the question of succession as between the two who died, who in this case are mutual heirs, being father and son. Answer:
Page 21 of 391 2. Yet, Wilma can invoke the presumption of survivorship and claim that one- half of the proceeds should belong to Willy's estate, under Sec. 3 (jj) par. 5 Rule 131, Rules of Court, as the dispute does not involve succession. Under this presumption, the person between the ages of 15 and 60 years is deemed to have survived one whose age was over 60 at the time of their deaths. The estate of Willy endowed with juridical personality stands in place and stead of Willy, as beneficiary. 00; Persons; presumption of simultaneous death 1999 No II. Mr. and Mrs. Cruz, who are childless, met with a serious motor vehicle accident with Mr. Cruz at the wheel and Mrs. Cruz seated beside him, resulting in the instant death of Mr. Cruz. Mrs. Cruz was still alive when help came but she also died on the way to the hospital. The couple acquired properties worth One Million (PI ,000,000.00) Pesos during their marriage, which are being claimed by the parents of both spouses in equal shares. Is the claim of both sets of parents valid and why? (3%) (b) Suppose in the preceding question, both Mr. and Mrs. Cruz were already dead when help came, so that no-body could say who died ahead of the other, would you answer be the same to the question as to who are entitled to the properties of the deceased couple? (2%) ANSWER: (a) No, the claim of both parents is not valid. When Mr. Cruz died, he was succeeded by his wife and his parents as his intestate heirs who will share his estate equally. His estate was 0.5 Million pesos which is his half share in the absolute community amounting to 1 Million Pesos. His wife, will, therefore, inherit O.25 Million Pesos and his parents will inherit 0.25 Million Pesos. When Mrs. Cruz died, she was succeeded by her parents as her intestate heirs. They will inherit all of her estate consisting of her 0.5 Million half share in the ab-solute community and her 0.25 Million inheritance from her husband, or a total of 0.750 Million Pesos. In sum, the parents of Mr. Cruz will inherit 250,000 Pesos while the parents of Mrs. Cruz will inherit 750,000 Pesos. (b) This being a case of succession, in the absence of proof as to the time of death of each of the spouses, it is presumed they died at the same time and no transmission of rights from one to the other is deemed to have taken place. Therefore, each of them is deemed to have an estate valued at P500,000,00, or one-half of their conjugal property of PI million. Their respective parents will thus inherit the entire PI Million in equal shares, OT P5OO,000.00 per set of parents. 00; Persons; presumption of simultaneous death 2000 No III. b) Cristy and her late husband Luis had two children, Rose and Patrick, One summer, her mother-in-law, aged 70, took the two children, then aged 10 and 12, with her on a boat trip to Cebu. Unfortunately, the vessel sank en route, and the bodies of the three were never found. None of the survivors ever saw them on the water. On the settlement of her mother-in-law's estate, Cristy files a claim for a share of her estate on the ground that the same was inherited by her children from their grandmother in representation of their father, and she Inherited the same from them. Will her action prosper? (2%) SUGGESTED ANSWER:
Page 22 of 391 No, her action will not prosper. Since there was no proof as to who died first, all the three are deemed to have died at the same time and there was no transmission of rights from one to another, applying Article 43 of the New Civil Code. ALTERNATIVE ANSWER: No, her action will not prosper. Under Article 43 of the New Civil Code, inasmuch as there is no proof as to who died first, all the three are presumed to have died at the same time and there could be no transmission of rights among them. Her children not having inherited from their grandmother. Cristy has no right to share in her mother-in-law's estate. She cannot share in her own right as she is not a legal heir of her mother-in-law. The survivorship provision of Rule 131 of the Rules of Court does not apply to the problem. It applies only to those cases where the issue involved is not succession. 00; Persons; prospectivity of laws; exceptions 1977 No, I-b Give five (5) exceptions to the rule that laws shall have no retroactive effects. Answer The following are the exceptions to the rule that laws shall have no retroactive effect: (1) When the law itself expressly provides for its retroactivity (Art. 4, CC). (2) When the law is penal insofar as it favors the accused who is not a habitual criminal, even though at the time of the enactment of such law final sentence has already been rendered (Art. 22, Rev. Penal Code). (3) When the law is procedural so long as it does not affect or change vested rights (Aguillon vs. Dir. of Lands, 17 Phil. 560). (4) When the law creates new substantive rights (Arts. 2253, 2263, CC; Bona vs. Briones, 38 Phil. 276). (5) When the law Is curative in character in the sense that the purpose for its enactment is to cure defects or imperfections in judicial or administrative proceedings. 00; Persons; restrictions on capacity to act 1985 No. 1 B) Among the restrictions on capacity to act are minority, insanity, deaf- mutism, prodigality and civil interdiction, all of which do not exempt the incapacitated person from "certain obligations." Explain and discuss the said rule and illustrate its application by specific examples. Answers: B) 1. Such incapacitated person is not exempt from all obligations except those arising from contracts. In other words, he is liable if the obligation arises from law, from delicts, from quasi-delicts. 2. The general rule may be illustrated as follows: An incapacitated person is not exempt from civil liability except those arising from contracts; so he can be liable for a crime committed by him. He may not be criminally liable but he is a civilly liable. One may be insane but does not exempt him from his legal obligation to support his family,
Page 23 of 391 3. A minor under 15 may commit a crime. He might have committed it without discernment and therefore would be free or exempt from the civil liability. With regard to property relations, a 5-year-old child may inherit property and the fact that the new owner of the property is incapacitated does not exempt the property and himself from the burden of easement. 4. The rule is based upon lack of voluntariness of the act due to physical or mental defects, and upon the necessity of protection by the State because of disabilities. Despite incapacity, a minor may be liable for crime. An insane person must recognize legal easements on his property. A person civilly interdicted may be liable for quasi-delict. 5. Minority, Insanity, deaf-mutism, prodigality and civil interdiction are mere restrictions on capacity to act and do not necessarily exempt the incapacitated person from certain obligations. Among such obligations are those arising from his acts or from property relations. Accordingly, a minor may be estopped by his misrepresentations; and an infant may be held civilly liable for his tortious conduct, a rule that is more preferable than to let the guiltless victim suffer the loss. 6. Minority, insanity, deaf-mutism, prodigality and civil interdictions are mere restrictions on capacity to act and do not necessarily exempt the incapacitated person from certain obligations. Among such obligations an those arising from his acts or from property relations (Arts. 38-39, Civil Code). Accordingly, a minor may be estopped by his misrepresentation (Mercado vs. Espiritu, 37 Phil. 215); and an infant may be held liable for his tortious conduct, a rule that is preferable than to let the guiltless victim suffer the lost (See Magtibay vs. Tiangco, 74 Phil. 676), 00; Persons; use of surnames 1975 No. VII A mother who had a natural child subsequently married a man other than the child's father. The child filed a petition to change his surname from the father's name to that of the step-father who has no objection thereto. May the petition be granted? Why? Answer Yes, the petition may be granted. While it is true that a natural child shall employ the surname of the recognizing parent or that of the father if acknowledged by both parents, this does not mean that such child is prohibited by law from taking another surname for justifiable reasons. The purpose of the law in allowing a change of name is to give a person an opportunity to improve his personality and promote his best interests. To allow the child here to change his name would eliminate the stigma of illegitimacy which he would continue to bear if his surname were to be that of his illegitimate father. Furthermore, the stepfather is agreeable to the child's using his surname. The court, therefore, in the sound exercise of its discretion may grant the petition. (Calderon v. Republic, 19 SCRA 721) 00; Persons; waiver 1978 No. V-b A was a consistent scholar and honor student for three (3) years in Manuel L. Quezon (MLQ) University and he enjoyed free tuition privileges. In his fourth year, he decided to study in a University in Davao as his father died and he had to stay with his mother. He needed the transcripts of his records in MLQ University, but MLQ refused to issue them until he had refunded the whole amount of tuition fees given to him for three (3) years of his stay, alleging that he had signed an agreement
Page 24 of 391 beforehand and waiving his right to transfer to another university without having refunded the cash equivalent of his scholarship. A was forced to refund the amount as he did not want to be late for his enrollment in the Davao University. Later, he sued for its return. Can A recover the amount he refunded to MLQ University? Reasons for your answer. Answer Yes, A can recover the amount he refunded to MLQ University. The waiver signed by A is contrary to public policy, and therefore, null and void. Scholarship grants are awarded in recognition of merit and not to attract and keep brilliant students in school for their propaganda value. To look at such grants as a business scheme designed to increase the business potential of an educational institution is not only inconsistent with sound public policy bat also good morals. (NOTE: The above answer is based on Cui vs. Arellano University, L-15127, May 30, 1961 applying Art. 1306 of the New Civil Code.) 00; Persons; waiver of rights 2004 No. IX B. DON, an American businessman, secured parental consent for the employment of five minors to play certain roles in two movies he was producing at home in Makati. They worked at odd hours of the day and night, but always accompanied by parents or other adults. The producer paid the children talent fees at rates better than adult wages. But a social worker, DEB, reported to OSWD that these children often missed going to school. They sometimes drank wine, aside from being exposed to drugs. In some scenes, they were filmed naked or in revealing costumes. In his defense, DON contended all these were part of artistic freedom and cultural creativity. None of the parents complained, said DON. He also said they signed a contract containing a waiver of their right to file any complaint in any office or tribunal concerning the working conditions of their children acting in the movies. Is the waiver valid and binding? Why or why not? Explain. (5%) 00; Persons; waiver of rights 1977 No. XX-a Rights may be waived In what cases may waiver be prohibited and declared null and void? Answer Waiver is prohibited when it is contrary to law, public order, public policy, morals or good customs, or prejudicial to a third person with a right recognized by law, (Art. 6, Civil Code).
Page 25 of 391 01; Conflict of laws 1981 No. 18 (b) True or false? -- A woman loses her citizenship when she marries a foreigner and under the national law of the husband she automatically acquires his citizenship by marriage. Answer (b) False. Under the 1973 Constitution, a female citizen of the Philippines who marries an alien shall retain her citizenship. Consequently, she does not necessarily acquire her husband's nationality. 01; Conflict of laws; Art. 15 1998 No II. Francis Albert, a citizen and resident of New Jersey, U.S.A., under whose law he was still a minor, being only 20 years of age, was hired by ABC Corporation of Manila to serve for two years as its chief computer programmer. But after serving for only four months, he resigned to join XYZ Corporation, which enticed him by offering more advantageous terms. His first employer sues him in Manila for damages arising from the breach of his contract of employment. He sets up his minority as a defense and asks for annulment of the contract on that ground. The plaintiff disputes this by alleging that since the contract was executed in the Philippines under whose law the age of majority is 18 years, he was no longer a minor at the time of perfection of the contract. 1, Will the suit prosper? [3%] 2. Suppose XYZ Corporation is impleaded as a co-defendant, what would be the basis of its liability, if any? [2%] Answer: 1. The suit will not prosper under Article 15, Civil Code, New Jersey law governs Francis Albert's capacity to act, being his personal law from the standpoint of both his nationality and his domicile. He was, therefore, a minor at the time he entered into the contract. Alternative Answer: 1. The suit will not prosper. Being a U.S. national, Albert's capacity to enter into a contract is determined by the law of the State of which he is a national, under which he to still a minor. This is in connection with Article 15 of the Civil Code which embodies the said nationality principle of lex patriae. While this principle intended to apply to Filipino citizens under that provision, the Supreme Court in Recto v. Harden is of the view that the status or capacity of foreigners is to be determined on the basis of the same provision or principle, i.e., by U.S. law in the present problem. Plaintiffs argument does not hold true, because status or capacity is not determined by lex loci contractus but by lex patriae. Another Answer: 1. Article 17 of the Civil Code provides that the forms and solemnities of contracts, wills and other public instruments shall be governed by the laws of the country in which they are executed. Since the contract of employment was executed in Manila, Philippine law should govern. Being over 18 years old and no longer a minor according to Philippine Law, Francis Albert can be sued. Thus, the suit of ABC Corporation against him for damages will prosper*
Page 26 of 391 Answer: 2. XYZ Corporation, having enticed Francis Albert to break his contract with the plaintiff, may be held liable for damages under Art. 1314, Civil Code. Alternative Answer: 2. The basis of liability of XYZ Corporation would be Article 28 of the Civil Code which states that: "Unfair competition in agricultural, commercial, or industrial enterprises or in labor through the use of force, intimidation, deceit, machination or any other unjust, oppressive or highhanded method shall give rise to a right of action by the person who thereby suffers damage." Another Answer: 2. No liability arises. The statement of the problem does not in any way suggest intent, malice, or even knowledge, on the part of XYZ Corporation as to the contractual relations between Albert and ABC Corporation. 01; Conflict of laws; Art. 15; legal capacity 1995 No, 2: 3. What law governs the capacity of the Filipino to buy the land? Explain your answer and give its legal basis. Answer: Philippine law governs the capacity of the Filipino to buy the land. In addition to the principle of lex rei sitae given above. Article 15 of the NCC specifically provides that Philippine laws relating to legal capacity of persons are binding upon citizens of the Philippines no matter where they are. 01; Conflict of laws; Art. 15; legal capacity; capacity to contract 1995 No, 2: 2. What law governs the capacity of the Japanese to sell the land? Explain your answer and give its legal basis. Answer: Japanese law governs the capacity of the Japanese to sell the land being his personal law on the basis of an interpretation of Art. 15, NCC. Alternative Answers; a) Since capacity to contract is governed by the personal law of an individual, the. Japanese seller's capacity should be governed either by his national law (Japanese law) or by the law of his domicile, depending upon whether Japan follows the nationality or domiciliary theory of personal law for its citizens. b) Philippine law governs the capacity of the Japanese owner in selling the land. While as a general rule capacity of persons is governed by the law of his nationality, capacity concerning transactions involving property is an exception. Under Article 16 of the NCC. the capacity of persons in transactions involving title to property is governed by the law of the country where the property is situated. Since the property Is in the Philippines, Philippine law governs the capacity of the seller. 01; Conflict of laws; Art. 16 2001 No I
Page 27 of 391 Alex was born a Filipino but was a naturalized Canadian citizen at the time of his death on December 25,1998. He left behind a last will and testament in which he bequeathed all his properties, real and personal, In the Philippines to his acknowledged illegitimate Fillpina daughter and nothing to his two legitimate Filipino sons. The sons sought the annulment of the last will and testament on the ground that it deprived them of their legitimes but the daughter was able to prove that there were no compulsory heirs or legitimes under Canadian law. Who should prevail? Why? (5%) SUGGESTED ANSWER The daughter should prevail because Article 16 of the New Civil Code provides that intestate and testamentary succession shall be governed by the national law of the person whose succession is under consideration. 01; Conflict of laws; Art. 16 1995 No, 2: While in Afghanistan, a Japanese by the name of Sato sold to Ramoncito, a Filipino, a parcel of land situated in the Philippines which Sato inherited from his Filipino mother. 1. What law governs the formality in the execution of the contract of sale? Explain your answer and give its legal basis. Answer: Under Art. 16 par. 1, NCC, real property is subject to the law of the country where it is situated. Since the property is situated in the Philippines, Philippine law applies. The rule of lex rei sitae in Article 16 prevails over lex loci contractu in Article 17 of the NCC. Alternative Answer: Afghanistan law governs the formal requirements of the contract since the execution is in Afghanistan. Art. 17 of the Civil Code provides that the forms and solemnities of contracts, wills, and other public Instruments shall be governed by the laws of the country in which they are executed. However, if the contract was executed before the diplomatic or consular officials of the Republic of the Philippines in Afghanistan, Philippine law shall apply. 01; Conflict of laws; Art. 16 1985 No. 11 A, a Filipino, 18 years of age, married and residing in a foreign country, having run out of money, borrowed P60,000.00 from B and to secure its payment, executed a real mortgage on a house and lot owned by him in Manila. Under the law of the country where he resides., he is deemed to be of age and the real estate mortgage is valid. The loan not having been paid on maturity, B brought an action in Manila to foreclose the mortgage and recover what is due him. a) May the real estate mortgage be foreclosed? Reasons. b) May B recover the loan of P50.000.00 due him as an unsecured debt and have the mortgaged property levied upon and sold for the satisfaction thereof? Discuss. Answers: (a) and (b) 1. Since A is 18 years of age and is a minor in our country, his real property is governed by our law, and therefore, the mortgage is voidable and can be
Page 28 of 391 enforced subject to the defense of minority. The law provides that an emancipated minor cannot borrow money. By analogy with the ruling in the case of a conveyance of conjugal real property by the husband without the consent of the wife that held that conveyance void, the mortgage is likewise void. 2. Laws relating to family rights and duties or to the status, condition and legal capacity of persons are binding upon the citizens of the Philippines even though living abroad. A is a minor emancipated by marriage. Hence, he cannot borrow money or alienate or encumber real property without the consent of his father, mother or guardian. The real estate mortgage cannot be foreclosed and there can be no recovery because both contracts were not validly executed. 3. The law provides that an emancipated minor cannot borrow money or alienate or encumber real property without the consent of his father or mother, or guardian (Art. 399). Applying by analogy the ruling in the case of conveyance of conjugal real property by the husband without the wife's consent that held that conveyance void (Garcia re. Court of Appeals), the loan and the real estate mortgage contracted by A should be declared void. The real estate mortgage may not thus be foreclosed. For the reason addressed above, the rules on void contracts would apply that may generally negate recovery by either party thereunder (Art, 1412, Civil Code), 4. The loan is merely voidable under Art. 1390 being a contract where one is incapable of giving consent. Until annulled, the loan, as well as the real estate mortgage are binding between the parties. When & contract is voidable because of such incapacity, the incapacitated is "not obliged to make any restitution except insofar as he has benefited by the thing or price received by him" (Art. 1399, Civil Code). 01; Conflict of laws; Art. 17; contracts contrary to public policy 1996 No 18: Alma was hired as a domestic helper in Hongkong by the Dragon Services, Ltd., through its local agent. She executed a standard employment contract designed by the Philippine Overseas Workers Administration (POEA) for overseas Filipino workers. It provided for her employment for one year at a salary of US$1,000.00 a month. It was submitted to and approved by the POEA. However, when she arrived In Hongkong, she was asked to sign another contract by Dragon Services, Ltd. which reduced her salary to only US$600.00 a month. Having no other choice. Alma signed the contract but when she returned to the Philippines, she demanded payment of the salary differential of US$400.00 a month. Both Dragon Services, Ltd. and its local agent claimed that the second contract is valid under the laws of Hongkong, and therefore binding on Alma. Is their claim correct? Explain. Answer: Their claim is not correct. A contract is the law between the parties but the law can disregard the contract if it is contrary to public policy. The provisions of the 1987 Constitution on the protection of labor and on social justice (Sec. 10. Art II) embody a public policy of the Philippines. Since the application of Hongkong law in this case is in violation of that public policy, the application shall be disregarded by our Courts. (Cadalin v. POEA. 238 SCRA 762) Alternative Answers; a) Their claim is not correct. Assuming that the second contract is binding under Hongkong law, such second contract Is invalid under Philippine law which
Page 29 of 391 recognizes as valid only the first contract. Since the case is being litigated in the Philippines, the Philippine Court as the forum will not enforce any foreign claim obnoxious to the forum's public policy. There is a strong public policy enshrined in our Constitution on the protection of labor. Therefore, the second contract shall be disregarded and the first contract will be enforced. (Cadalin v. POEA, 238 SCRA 762). b) No, their claim is not correct. The second contract executed In Hongkong, partakes of the nature of a waiver that is contrary to Philippine law and the public policy governing Filipino overseas workers. Art. 17, provides that our prohibitive laws concerning persons, their acts, or their property or which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or conventions agreed upon in a foreign country. Besides. Alma's consent to the second contract was vitiated by undue influence, being virtually helpless and under financial distress in a foreign country, as indicated by the given fact that she signed because she had no choice. Therefore, the defendants claim that the contract is valid under Hongkong law should be rejected since under the doctrine of processual presumption a foreign law is deemed similar or identical to Philippine law in the absence of proof to the contrary, and such is not mentioned in the problem as having been adduced. 01; Conflict of laws; Art. 17; labor contracts 1991 No 7; A. The Japan Air Lines (JAL), a foreigner corporation licensed to do business in the Philippines, executed in Manila a contract of employment with Maritess Guapa under which the latter was hired as a stewardess on the aircraft plying the Manila-Japan-Manila route. The contrast specifically provides that (1) the duration of the contract shall be two (2) years, (2) notwithstanding the above duration, JAL may terminate the agreement at any time by giving her notice in writing ten (10) days in advance, and (3) the contract shall be construed as governed under and by the laws of Japan and only the court in Tokyo, Japan shall have the jurisdiction to consider any matter arising from or relating to the contract. JAL dismissed Maritess on the fourth month of her employment without giving her due notice. Maritess then filed a complaint with the Labor Arbiter for reinstatement, backwages and damages. The lawyer of JAL contends that neither the Labor Arbiter nor any other agency or court In the Philippines has jurisdiction over the case in view of the above provision (3) of the contract which Maritess voluntarily signed. The contract Is the law between her and JAL. Decide the issue. B. Where under a State's own conflicts rule that domestic law of another State should apply, may the courts of the former nevertheless refuse to apply the latter? If so, under what circumstance? Answer, A, Labor Legislations are generally intended as expressions of public policy on employer-employee relations. The contract therefore, between Japan Air Lines (JAL) and Maritess may apply only to the extent that its provisions are not inconsistent with Philippine labor laws intended particularly to protect employees. Under the circumstances, the dismissal of Maritess without complying with Philippine Labor law would be invalid and any stipulation in the contract to the contrary is considered void. Since the law of the forum in this case is the Philippine law. the issues should-be resolved in accordance with Philippine law. B. The third paragraph of Art. 17 of the Civil Code provides that:
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams
A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams

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A Compilation Of The Questions And Suggested Answers For 1975 Up To 2013 CIVIL LAW Bar Exams

  • 1. Page 1 of 391 ANSWERS TO BAR EXAMINATION QUESTIONS IN CIVIL LAW ARRANGED BY TOPIC (1975 – 2004) Edited and Arranged by: Janette Laggui-Icao and Alex Andrew P. Icao (Silliman University College of Law) From the ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX July 26, 2005
  • 2. Page 2 of 391 This work is not intended for sale or commerce. This work is freeware. It may be freely copied and distributed. It is primarily intended for all those who desire to have a deeper understanding of the issues touched by the Philippine Bar Examinations and its trend. It is specially intended for law students from the provinces who, very often, are recipients of deliberately distorted notes from other unscrupulous law schools and students. Share to others this work and you will be richly rewarded by God in heaven. It is also very good karma. We would like to seek the indulgence of the reader for some Bar Questions which are improperly classified under a topic and for some topics which are improperly or ignorantly phrased, for the authors are just Bar Reviewees who have prepared this work while reviewing for the Bar Exams under time constraints and within their limited knowledge of the law. We would like to seek the reader’s indulgence for a lot of typographical errors in this work. The Authors July 26, 2005
  • 3. Page 3 of 391 Table of Contents Persons ..........................................................................................................11 Conflict of laws ............................................................................................25 Adoption.........................................................................................................52 Family Code ..................................................................................................58 Succession..................................................................................................112 Donations ...................................................................................................157 Modes of Acquiring Ownership ...........................................................167 Property .......................................................................................................169 LTD.................................................................................................................211 Prescription.................................................................................................245 Contracts ....................................................................................................250 Estoppel .......................................................................................................263 Natural obligations ...................................................................................265 Obligations .................................................................................................265 Trusts ............................................................................................................297 Sales .............................................................................................................301 Lease.............................................................................................................324 Common carriers ......................................................................................335 Agency..........................................................................................................339 Partnership..................................................................................................346 Commodatum & Mutuum .......................................................................352 Deposit..........................................................................................................356 Surety............................................................................................................358 Antichresis Mortgage Pledge ...........................................................................................................363 Quasi-contracts .........................................................................................367 Torts and damages...................................................................................372 Aleatory contracts; gambling ...............................................................390 Compromises and arbitration...............................................................390
  • 4. Page 4 of 391 Detailed Table of Contents Persons ..........................................................................................................11 civil register...................................................................................................12 conclusive presumption of knowledge of the law..........................................13 decisions of inferior courts ............................................................................14 duty of judges to render judgment ................................................................14 effect of obiter and dissenting opinion; decisions of the SC..........................14 effectivity of laws...........................................................................................14 emancipation ................................................................................................15 equity ............................................................................................................16 human relations ............................................................................................16 ignorance of the law vs mistake of fact........................................................17 independent civil action ................................................................................17 juridical capacity vs capacity to act...............................................................18 natural persons.............................................................................................19 prejudicial question.......................................................................................19 presumption of simultaneous death..............................................................20 prospectivity of laws; exceptions...................................................................22 restrictions on capacity to act........................................................................22 use of surnames ...........................................................................................23 waiver ...........................................................................................................23 Conflict of laws ............................................................................................25 Art. 15, 16 & 17 ............................................................................................ 25 cognovit; borrowing statute; characterization................................................32 effect of divorce granted to former Filipinos..................................................32 effect of divorce secured abroad...................................................................33 forum non conveniens & lex loci contractus & long arm statute....................34 laws governing contracts ..............................................................................36 laws governing contracts of carriage ............................................................36 laws governing divorce .................................................................................37 laws governing marriages.............................................................................38 laws governing real and personal property ...................................................40 laws governing succession ...........................................................................40 laws governing wills ......................................................................................43 nationality theory...........................................................................................44 naturalization ................................................................................................45 operation of foreign laws upon resident ........................................................46 processual presumption................................................................................47 renvoi doctrine ..............................................................................................47 significant relationships theory......................................................................49 theory of effective nationality ........................................................................49 torts; prescriptive period ...............................................................................49 Adoption.........................................................................................................52 qualifications of adopter................................................................................52 successional rights of adopted child .............................................................55 who are considered as natural parents.........................................................56 Family Code ..................................................................................................58 Annulment effects; requisites before remarriage .....................................................59 fraud ......................................................................................................60 grounds..................................................................................................62 judicial declaration .................................................................................62
  • 5. Page 5 of 391 Legal Separation; prescription of actions...............................................63 proper party ...........................................................................................63 psychological incapacity ........................................................................64 art. 26 ...........................................................................................................64 declaration of nullity: annulment: legal separation: separation of property – grounds.........................................................................................................66 divorce; void marriages.................................................................................67 donations by reason of marriage; effect of declaration of nullity ...................67 effect of divorce; void marriages...................................................................68 emancipation ................................................................................................69 family ............................................................................................................69 family home ..................................................................................................70 legal separation ............................................................................................71 grounds..................................................................................................71 proper party ...........................................................................................72 nullity; annulment; legal separation; grounds................................................72 parental authority..........................................................................................73 paternity and filiation.....................................................................................75 presumptive legitime.....................................................................................80 property regime of unions without marriage..................................................81 property relations..........................................................................................83 charges..................................................................................................91 conjugal partnership pf gains.................................................................92 dissolution of partnership; custody of children.......................................93 donations between spouses ..................................................................94 marriage settlements .............................................................................94 separation of property............................................................................96 requisites of marriage ...................................................................................97 retroactive application; vested rights...........................................................103 rights and obligations of husband and wife.................................................103 special parental authority; liability of teachers.............................................105 support........................................................................................................105 void marriages ............................................................................................106 legal personality to seek declaration of nullity......................................109 property regime ...................................................................................110 psychological incpacity ........................................................................110 Succession acceptance, repudiation, collation...............................................................112 amount of successional rights.....................................................................112 barrier between illegitimate and legitimate relatives ...................................112 capacity to inherit; conditional devise .........................................................113 collation ......................................................................................................114 disinheritance..............................................................................................115 donation of a spouse’s share......................................................................120 incapacity....................................................................................................121 intestate heirs .............................................................................................121 intestate proceedings; jurisdiction...............................................................123 intestate succession ...................................................................................123 joint wills .....................................................................................................136 legal separation; effect................................................................................136 legitime .......................................................................................................136 order of succession and sharing; right of representation, institution, accretion ....................................................................................................................138 partition.......................................................................................................139 preterition....................................................................................................139 probate .......................................................................................................141 renunciation; compromise...........................................................................144
  • 6. Page 6 of 391 representation.............................................................................................144 reserva troncal............................................................................................145 right of representation.................................................................................148 testate succession ......................................................................................148 transmission of rights to succession ...........................................................149 when death takes place; pesumptive legitime.............................................150 wills.............................................................................................................151 codicil...................................................................................................151 formalities ............................................................................................151 revocation............................................................................................154 testamentary intent ..............................................................................155 witnesses to holographic wills..............................................................156 Donations Donation & Sales ownership of the thing donated ......................................157 Annulment...................................................................................................157 donations mortis causa...............................................................................160 donee’s civil personality..............................................................................161 effect of illegal and immoral conditions.......................................................161 kinds ...........................................................................................................162 mortis causa; formalities .............................................................................163 requisited for perfection ..............................................................................163 revocation ...................................................................................................164 valid acceptance.........................................................................................165 Modes of Acquiring Ownership ...........................................................167 Property accession....................................................................................................169 chattel mortgage over immovables.............................................................173 co-ownership ..............................................................................................173 easements ..................................................................................................180 good faith/ bad faith ....................................................................................189 hidden treasure...........................................................................................196 immovable properties; chattel mortgage over immovables.........................198 nuisance .....................................................................................................199 possession vs occupation...........................................................................201 possession; 559..........................................................................................201 possession; squatting .................................................................................204 real vs personal property ............................................................................205 rights of a property owner; limitations .........................................................207 usufruct.......................................................................................................207 LTD.................................................................................................................211 acquisition of lands; citizenship requirement ..............................................211 Act 3344 .....................................................................................................212 amendment of entries in a certificate of title ...............................................212 annotation of lis pendens............................................................................213 annotations; classification...........................................................................213 foreshore lands...........................................................................................214 homestead..................................................................................................214 increase of area by accession ....................................................................217 indefeasibility of title....................................................................................217 IPV adverse claims ......................................................................................217 buyer in good faith; laches.....................................................................218 collateral attack .....................................................................................218 constructive trust ...................................................................................219 effect of entry in day book; acquisitive prescription; laches...................219 effect of laches ......................................................................................220
  • 7. Page 7 of 391 foreclosure of registered lands; prescription..........................................220 forged deed as a root or title..................................................................221 forgery; innocent purchaser for value ....................................................223 fraud in the procurement of patent ........................................................224 free patents; jurisdiction of Director of Lands ........................................225 government lands..................................................................................225 innocent purchaser for value .................................................................226 lis pendens ............................................................................................227 mirror principle.......................................................................................227 notice of lis pendens; transferee pendente lite ......................................228 reconveyance........................................................................................229 registration as the operative act of conveying the land..........................230 remedies; prescriptive period ................................................................230 remedies; reconveyance .......................................................................231 reopening of a decree of registration.....................................................232 sale of unregistered lands .....................................................................236 unregistered land...................................................................................236 use of fraud in aplication of title; prescriptive period for reconveyance .237 judicial confirmation of imperfect title..........................................................238 judicial reconstitution of title........................................................................239 ministerial duty of the Register of deeds to register....................................240 procedure; consulta ....................................................................................241 reclamation of foreshore lands....................................................................241 redemption..................................................................................................242 scope of registration ...................................................................................242 torrens vs recording....................................................................................243 writ of possession .......................................................................................243 Prescription.................................................................................................245 acquisitive; movable ...................................................................................246 just title .......................................................................................................246 laches .........................................................................................................247 real rights....................................................................................................248 Contracts annulment of contracts; capacity to sue......................................................250 annulment of contracts; prescriptive period ................................................250 consensual vs real contracts.......................................................................251 consent; invitation to bid .............................................................................251 consideration; validity .................................................................................252 form of contracts.........................................................................................252 inducing another to violate a contract .........................................................253 innominate contracts...................................................................................253 obligatory nature of contracts......................................................................254 perfection of contracts; obligations with a period ........................................255 privity of contract.........................................................................................255 reformation of instruments ..........................................................................256 rescission of contracts; capacity to sue ......................................................256 Statute of Frauds ........................................................................................257 stipulation pour atrui ...................................................................................259 void contracts; in pari delicto principle ........................................................260 void contracts; usurious interests................................................................260 void vs voidable contracts...........................................................................261 void/unenforceable contracts......................................................................261 voidable contracts.......................................................................................261 Estoppel .......................................................................................................263 Natural obligations ...................................................................................265 Obligations
  • 8. Page 8 of 391 alternative/ facultative obligations...............................................................265 alternative/facultative obligations................................................................265 civil vs natural oblig.....................................................................................266 conditional obligations ................................................................................267 exemption from liability due to fortuitous events; exceptions ......................270 extinguishment of a cause of action............................................................270 extinguishment assignment of rights ............................................................................270 compensation ......................................................................................271 compensation vs payment............................................................272 compensation: payment: confusion: set-off ..................................273 condonation.........................................................................................273 dation...................................................................................................274 dation in payment vs assignment .................................................275 extraordinary inflation or deflation........................................................275 loss ......................................................................................................276 loss; impossible service................................................................277 novation...............................................................................................277 payment...............................................................................................281 consignation, set-off .....................................................................283 application ....................................................................................284 consignation, when applicable......................................................284 fortuitous events .........................................................................................285 joint/ solidary liability...................................................................................286 loss of the thing due....................................................................................290 loss of the thing due; force majeure............................................................290 nature and effect of obligations...................................................................291 obligation to deliver a determinate thing; effect of loss ...............................291 obligation to deliver a generic thing ............................................................292 obligation to give; obligation to do...............................................................293 obligations with a penal clause ...................................................................294 obligations with a period .............................................................................295 suspensive period dependent upon will of debtor................................297 Trusts ............................................................................................................297 Sales Sales & Donation; ownership of the thing sold............................................301 Art. 1592 .....................................................................................................301 assignment of credit....................................................................................302 conditional sale vs absolute sale ................................................................302 contract of sale vs agency to sell................................................................303 contract of sale vs contract to sell...............................................................303 contract to sell.............................................................................................303 contract to sell vs contract of sale...............................................................304 double sales................................................................................................304 effect of oral sale ........................................................................................306 equitable mortgage.....................................................................................307 Maceda law.................................................................................................310 option contract ............................................................................................312 option; earnest money; Art. 1592................................................................312 pacto de retro; when not .............................................................................313 perfected sale .............................................................................................314 Recto law....................................................................................................315 redemption (conventional and legal)...........................................................317 redemption; legal; by co-owners..........................................................318 right of first refusal ......................................................................................319 right of repurchase......................................................................................320 tradition.......................................................................................................320
  • 9. Page 9 of 391 transfer of ownership ..................................................................................321 vendor’s lien................................................................................................322 who bears risk of loss .................................................................................322 Lease.............................................................................................................324 Lease of urban lands ..................................................................................325 contract for a piece of work.........................................................................326 contract for a piece of work; liability of architects/contractors................326 contract of labor..........................................................................................327 effect of death of lesee ...............................................................................327 ejectment ....................................................................................................327 extinguishment............................................................................................328 implied new lease .......................................................................................328 lease of rural lands .....................................................................................329 lease with a term.........................................................................................329 liability for hidden defects ...........................................................................330 option to buy ...............................................................................................331 reduction of rent..........................................................................................331 rights and obligations of leasee and lessor.................................................332 sublease .....................................................................................................332 sublease; delay in payment of rentals ...................................................333 Common carriers ......................................................................................335 Agency..........................................................................................................339 agency vs sale............................................................................................339 appointment of sub-agent ...........................................................................339 authority to sell does not include authority to collect...................................340 commission.................................................................................................340 coupled with an interest ..............................................................................340 general vs special agency ..........................................................................342 liability of an agent......................................................................................342 to render an account .............................................................................343 powers of the agent ....................................................................................343 termination; death or principal: double sales ..............................................344 termination; effect of death of agent ...........................................................344 Partnership..................................................................................................346 conveyance of a partner’s share dissolution...............................................346 dissolution...................................................................................................346 effect of death of partner.............................................................................347 obligations of a partner ...............................................................................347 partner by estoppel.....................................................................................348 partner vs lender (debtor) ...........................................................................348 revocation of manager’s power; liability of an industrial partner..................349 who can form partnerships; spouses; corporations.....................................350 Commodatum & Mutuum .......................................................................352 Commodatum .............................................................................................352 Commodatum vs usufruct......................................................................352 Commodatum; liabilties of a bailee.......................................................353 Mutuum vs commodatum....................................................................................353 interests.................................................................................................353 Deposit..........................................................................................................356 Surety............................................................................................................358 recovery of deficiency .................................................................................358 Antichresis vs pledge and mortgage .............................................................................359 Mortgage
  • 10. Page 10 of 391 Chattel mortgage ........................................................................................360 chattel mortgage vs pledge.........................................................................360 effect of loss of thing mortgaged upon principal oblig.................................361 pactum commissorium................................................................................361 real & chattel; future loans ..........................................................................362 real estate mortgage vs sale with repurchase.............................................362 right of redemption vs equity of redemption................................................363 Pledge ...........................................................................................................363 effect of loss of thing pledged upon principal obligation: immediate demandability of principal oblig...................................................................364 vs mortgage; antichresis.............................................................................365 use of the thing pledged .............................................................................365 Quasi-contracts .........................................................................................367 Negotiorium gestio......................................................................................367 1474; reasonable value ..............................................................................370 solutio indebiti.............................................................................................370 Torts and damages...................................................................................372 abuse of right..............................................................................................373 acts contrary to morals ...............................................................................374 actual and moral damages .........................................................................374 breach of contract.......................................................................................375 collapse of structures..................................................................................375 common carriers.........................................................................................376 damages.....................................................................................................376 damages arising from death of unborn child...............................................377 damages; moral damages & atty fees ........................................................378 death indemnity ..........................................................................................378 defense; due diligence in selection.............................................................379 filing of separate civil action; need for reservation ......................................379 human relations ..........................................................................................380 insurance; subrogation ...............................................................................382 loss of an unborn child................................................................................382 product liability............................................................................................383 quasi- delict.................................................................................................383 vicarious liability..........................................................................................384 defenses; fortuitous event...........................................................................385 liability of employer for damage caused by employees; defense of due diligence ....................................................................................................................385 motor vehicle mishaps; solidary liability of owner who was in the vehicle...386 primary liability vs subsidiary liability of employers .....................................387 vicarious liability..........................................................................................388 Aleatory contracts; gambling ...............................................................390 Compromises and arbitration...............................................................390
  • 11. Page 11 of 391 00; Civil law vs common law; trend and governance 1997 No. 1: How would you compare the Civil Law system in its governance and trend with that of the Common Law system? Answer: As regards "governance": Governance in Civil Law is codal, statutory and written law. It is additionally derived from case law. Common law is basically derived from case law. As regards "trend": Civil law is now tending to rely more and more on decisions of the courts explaining the laws. Common law is now codifying laws more and more. So they are now merging towards similar systems. Additional Answers: 1. Common law refers to the traditional part of the law as distinct from legislation; it refers to the universal part of law as distinct from particular local customs (Encyclopedia Americana, Vol. 7). On the other hand, civil law is understood lo be that branch of law governing the relationship of persons in respect of their personal and private interests as distinguished from both public and international laws. In common law countries, the traditional responsibility has for the most part been with the judges; in civil law countries, the task is primarily reposed on the lawmakers. Contemporary practices, however, so indicate a trend towards centralizing that function to professional groups that may indeed, see the gradual assimilation in time of both systems. [Vitug, Civil. Law and Jurisprudence, p. XX) 2. In Civil Law. the statutes theoretically take precedence over court decisions interpreting them; while in Common Law, the court decisions resolving specific cases are regarded as law rather than the statutes themselves which are, at the start, merely embodiments of case law. Civil Law is code law or written law, while Common Law is case law. Civil Law adopts the deductive method - from the general to the particular, while the Common Law uses the inductive approach - from the particular to the general. Common Law relies on equity. Civil Law anchors itself on the letter of the law. The civilists are for the judge-proof law even as the Common Law Is judge-made law. Civil Law judges are merely supposed to apply laws and not interpret them. 00; Civil law; definition; sources 1977 No. I-a What is civil law? What are the sources of the New Civil Code of the Philippines? Answer Civil Law is defined as the mass of precepts which determines and regulates those relations of assistance, authority and obedience existing among members of a family as well as among members of a society for the protection of private interests. The sources of the Civil Code of the Philippines are: (1) Civil Code of Spain of 1889; (2) Codes and laws of other countries, such as Spain, the various states of the United States, especially California and Louisiana, France, Argentina, Germany, Mexico, Switzerland, England and Italy; (3) Judicial decisions of the Supreme Courts of the Philippines, of various states of the United States, of Spain, and of other countries; (4) Philippine laws or statutes, such as the Code of Civil Procedure (Act No. 190), the Rules of Court, the Marriage Law (Act No. 3613), and the Divorce Law (Act No. 2710); (5) Works of jurists of various nations; (6) Filipino customs and traditions; and (7) The Code Commission itself. 00; Persons
  • 12. Page 12 of 391 1988 No 1; (c) As a rule, once the criminal action has been commenced, the civil action for damages arising from the offense charged shall be suspended until the final termination of the criminal action. What are the exceptions to said rule as provided by the Civil Code? Answer: (c) The exceptions are as follows: (1) Where the civil action is based on an obligation not arising from the act or omission complained of as a felony, such as when the basis of the civil action is culpa contractual, culpa aquiliana, etc. (Arts. 31, 2177, CC). (2) Where the law grants to the injured party the right to institute a civil action which is entirely separate and independent from the criminal action, such as when the action is based on (a) interferences by public officers or employees or by private individuals with civil rights and liberties; (b) defamation; (c) fraud; (d) physical injuries; or (e) refusal or neglect of a city or municipal police officer to "render aid or protection in case of danger to life or property (Arts. 32,33, 34, CC). (3) Where the question to be resolved in the civil action is prejudicial to the criminal action (Art. 36, CC). Alternative Answers to: No. 1 (a) and (b) (a) A prejudicial question is a question which arises in a civil suit, the resolution of which is determinative of the guilt or innocence of the accused. Its essential elements, as prescribed by Section 5 of Rule 111 are: (a) the civil action involves an issue raised in the criminal action; and (b) the resolution of such issue determines whether or not the criminal action may proceed. Its effect upon a criminal case is to suspend the criminal case if one has already been commenced. (b) Considering that the acquittal is not based on reasonable doubt but on a positive finding of innocence (he was not negligent) the civil action can no longer prosper. The civil liability arising from the act complained of as a felony is barred by the finding of innocence. However, the civil action for damages based on an obligation ex-contractu is not deemed barred because of article 31 of the Civil Code. 00; Persons; civil register 1975 No. VIII An illegitimate child of a Chinese father and a Filipino mother was registered in the Civil Registry as a Chinese. She filed a petition for the correction of the entry to make her citizenship read 'Filipino" in view of the absence of marriage between her parents. Will the petition prosper? Why? Answer Not the petition will not prosper. While ostensibly, the action seeks a mere correction of an entry in the Civil Registry, it in effect requests the judicial declaration of Philippine citizenship. The correction is not merely of a clerical error and therefore cannot be made through a petition for the correction of an entry in the civil register. In a line of decisions the Supreme Court has consistently refused to entertain petitions of this nature. (China v. Republic, 27 SCRA 447) 00; Persons; civil register; correction of entries
  • 13. Page 13 of 391 1987 No. 3: Celso Lim would like to correct an allegedly wrong entry in the birth certificate of one of his sons, Celso Jr., describing the latter as a Chinese national and not as a Filipino. Among the evidence Celso Lim had are his own birth certificate describing him as a Filipino, the birth certificate of his other children, all describing them as Filipinos and a court decision describing his father (Celso, Jr.'s grandfather) as a Filipino. (a) What action must Celso Lim take to ensure the effective correction of the allegedly wrong entry in his son's birth certificate? (b) Who should be made parties to such action or proceeding? Answer: a, Celso must file a petition in an adversary proceeding to correct the erroneous entry. In the case of Republic v. Valencia, (L-32181, March 5, 1986), it was ruled that not only clerical errors can be the subject-matter of the petition, but even the controversial entries can be corrected. b. Under Rule 108 of the Rules of Court, he should notify the Civil Registrar and all the persons affected or who have an interest in the subject matter of the petition, including the Solicitor General. 00; Persons; civil registry 1981 No. 18 (c) True or false? -- The records of a person's birth, as kept by the Civil Registrar, is a public record and may be inquired into by a person interested. Answer (c) False. According to the Child and Youth Welfare Code, the records of a person's birth shall be kept strictly confidential and no information relating thereto shall be issued except in certain cases enumerated in the law. (See Art. 7). 00; Persons; conclusive presumption of knowledge of the law 1985 No. 1 A) Although far from reality, everyone is conclusively presumed to know the law pursuant to Article 3 of the New Civil Code which states that "ignorance of the law excuses no one from compliance therewith." Discuss the underlying philosophy behind said pro vision. Answers: A) 1. The philosophy of the law is founded upon public policy. The rule excludes ignorance as an excuse for not complying with the law. Acts contrary to law should not have the same effects as when done conformably with the law merely because of ignorance, 2. The philosophy of the law is founded upon public policy. The rule excludes ignorance as an excuse for not complying with the law. Acts contrary to law should not have the same effects as when done conformably with the law merely because of ignorance. It is based on necessity and expediency. 3. Ignorance of the law does not excuse compliance with the law of the land (Art. 3, Civil Code) whether civil or penal and whether substantive or remedial. This principle is founded not only on expediency and public policy but on necessity; otherwise, an easy shelter from a disregard of the law may easily and conveniently be available.
  • 14. Page 14 of 391 4. Ignorance of the law does not excuse compliance with the law of the land (Art. 8, Civil Code) whether civil or penal and whether substantial or remedial (People vs. Malvar, 21 SCRA 1119). This principle is founded not only on expediency and public policy but on necessity (see Zulueta vs. Zulueta, 1 Phil 256); otherwise an easy shelter from a disregard of the law may easily and conveniently be available. 00; Persons; decisions of inferior courts 1994 No. 4: 1) Are decisions of the Court of Appeals considered laws? Alternative Answers: 1) a) No, but decisions of the Court of Appeals may serve as precedents for inferior courts on points of law not covered by any Supreme Court decision, and a ruling of the Court of Appeals may become a doctrine. (Miranda u. Imperial 77 Phil. 1066). b) No. Decisions of the Court of Appeals merely have persuasive, and therefore no mandatory effect. However, a conclusion or pronouncement which covers a point of law still undecided may still serve as judicial guide and it is possible that the same maybe raised to the status of doctrine. If after it has been subjected to test in the crucible of analysis, the Supreme Court should find that it has merits and qualities sufficient for its consideration as a rule of jurisprudence (Civil Code, Paras). 00; Persons; duty of judges to render judgment 1977 No. XX-b According to the Civil Code, no judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. How should the judge or court then decide the controversy before him? Answer The judge shall apply the custom of the place. This can easily be inferred from the Civil Code (Arts. 9, et seq., Civil Code). In default thereof, he shall apply the general principles of law and justice. 00; Persons; effect of obiter and dissenting opinion; decisions of the SC 1994 No. 4: 2) What are the binding effects of an obiter dictum and a dissenting opinion? 3) How can a decision of the Supreme Court be set aside? Alternative Answers: 2) None. Obiter dictum and opinions are not necessary to the determination of a case. They are not binding and cannot have the force of official precedents. It is as if the Court were turning aside from the main topic of the case to collateral subjects: a dissenting opinion affirms or overrules a claim, right or obligation. It neither disposes nor awards anything it merely expresses the view of the dissenter. (Civil Code, Paras] 3) A decision of a division of the Supreme Court maybe set aside by the Supreme Court sitting en banc, a Supreme Court decision may be set aside by a contrary ruling of the Supreme Court itself or by a corrective legislative act of Congress, although said laws cannot adversely affect those favored prior to the Supreme Court decision. [Civil Code, Paras). 00; Persons; effectivity of laws
  • 15. Page 15 of 391 1990 No 14: After a devastating storm causing widespread destruction in four Central Luzon provinces, the executive and legislative branches of the government agreed to enact a special law appropriating P1 billion for purposes of relief and rehabilitation for the provinces. In view of the urgent nature of the legislative enactment, ft is provided in its effectivity clause that it shall take effect upon approval and after completion of publication in the Official Gazette and a newspaper of general circulation in the Philippines. The law was passed by the Congress on July 1, 1990. signed into law by the President on July 3, 1990, and published in such newspaper of general circulation on July 7, 1990 and in the Official Gazette on July 10, 1990. (a) As to the publication of said legislative enactment, is there sufficient observance or compliance with the requirements for a valid publication? Explain your answer. (b) When did the law take effect? Explain your answer. (c) Can the executive branch start releasing and disbursing funds appropriated by the said law the day following its approval? Explain your answer. Answer: (a) Yes, there is sufficient compliance. The law itself prescribes the requisites of publication for its effectivity, and all requisites have been complied with. (Article 2, Civil Code) (b) The law takes effect upon compliance with all the conditions for effectivity, and the last condition was complied with on July 10, 1990. Hence, the" law became effective on that date. (c) No. It was not yet effective when it was approved by Congress on July 1, 1990 and approved by the President on July 3, 1990. The other requisites for its effectivity were not yet complete at the time. 00; Persons; emancipation 1986 No. 2: Mr, Mamirapal, 19 years old and married, seeks to do the following: 1. Lend his money at interest 2. Donate a piece of his land to his infant son. 3. Sell his car. 4. Sue his neighbor for damages. The land, money, and car are Mamirapal's separate property derived from his own income. He is not sure whether he can legally do all these things without his father's consent and assistance. He comes to you for advice. What advice will you give him? Answer: I will advice Mamirapal: (1) to lend his money at interest without securing his father's consent or assistance; (2) to donate a piece of his land to his infant son. but with father's consent; (3) to sell his car without father's consent or assistance; and (4) to sue his neighbor for damages, but with his father's assistance. Although Mamirapal is already emancipated, his emancipation is not perfect or plenary in character. Under the law, he cannot borrow money or alienate or encumber real property without the consent of his father. Neither can he sue or be sued without the assistance of his father. It is obvious that only Nos. (2) and (4) fall within the purview of these exceptions.
  • 16. Page 16 of 391 (Note - The above answer is based upon Art. 399 of the Civil Code). Answer The C.C. provides that an emancipated minor cannot borrow money, alienate or encumber real property without the consent of his parent or guardian. Neither can he sue or be sued without the assistance of his parent or guardian. Therefore, the answer to questions: 1) Yes, he can legally do it alone; 2) No, because donation is a form of alienation; 3) Yes, as property is movable; 4) He needs the assistance of his father. 00; Persons; equity 2003 No I It is said that “equity follows the law” What do you understand by this phrase, and what are its basic implications? Suggested Answer: “Equity Follows the law” means that courts exercising equity jurisdiction are bound by rules of law and have no arbitrary discretion to disregard them. (Arsenal v IAC, 143 SCRA 40 [1986]). Equity is applied only in the absence of but never against statutory law. (Toyota Motor Phil. V CA 216 SCRA 236 [1992]). 5% 00; Persons; human relations 1978 No. I-a B, a married man, by force and intimidation, succeeded in having sexual intercourse with A, single, without her consent. As a result, A became pregnant. A sued B for damages, Is B liable for damages? Why? Answer B is liable for damages. From the factual setting stated in the problem, it is clear that B's act is contrary to law and that he has willfully caused damage to A. As a matter of fact, he has committed the crime of rape. According to the Civil Code, every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same. Consequently, B is liable for compensatory damages, moral damages, exemplary damages and attorney's fees. (NOTE: The above answer is based on Art. 20 of the Civil Code and on the corresponding provisions of the Code on damages, such as Arts. 2202 and 2204 with respect to compensatory damages, Arts. 2219 with respect to moral damages, Arts. 2230 and 2234 with respect to exemplary damages, and Art. 2208 with respect to attorney's fees.) Alternative Answer B is liable for damages. It must be observed that his act which has caused damage to A may be considered as a crime or as a quasi-delict. It is now well- settled doctrine in this jurisdiction that his act gives rise to two separate and independent liabilities—first, the civil liability arising from crime (culpa criminal) and second, the civil liability arising from quasi-delict (culpa aquilana). These two liabilities may be enforced by A against B simultaneously or successively. What is barred by the law is double recovery. Whether based on the crime or on the quasi- delict, B is liable for compensatory damages, moral damages, exemplary damages and attorney's fees.
  • 17. Page 17 of 391 (NOTE: The above answer is based on Elcano v. Hill, 77 SCRA 98. It has also been suggested that an answer based on Article 21 of the Civil Code should also be accepted as a correct answer.) 00; Persons; ignorance of the law vs mistake of fact 1996 No. 1: 1) Is there any difference in their legal effect between ignorance of the law and ignorance or mistake of fact? Answer; Yes, there is a difference. While ignorance of the law is not an excuse for not complying with it, ignorance of fact eliminates criminal intent as long as there is no negligence (Art, NCC). In addition, mistake on a doubtful or difficult question of law may be the basis of good faith (Art. 526. NCC). Mistake of fact may, furthermore, vitiate consent in a contract and make it voidable (Art. 1390. NCC). Alternative Answer: Yes. ignorance of the law differs in legal effect from Ignorance or mistake of fact. The former does not excuse a party from the legal consequences of his conduct while the latter does constitute an excuse and is a legal defense. 00; Persons; independent civil action 1983 No. 1 After an altercation with B, A hit B's car with a piece of wood, breaking the windshield. When C came along and tried to pacify A, the latter stabbed the former, causing injuries which would have been fatal were it not for timely medical attention. A was charged with frustrated homicide and malicious mischief. Two separate civil actions for damages were also filed against him, one by B and the other by C. A moved for the suspension of the civil actions until after the termination of the criminal cases. Resolve with reasons. Answer It should be denied in so far as the civil action for damages arising from B's injuries is concerned. In cases of physical injuries, which have been held to include homicide, whether consummated or frustrated, a civil action for damages, entirely separate and distinct from the criminal action may be brought by the injured party and shall proceed independently of the criminal proceeding. It should, however, be sustained as to the civil action to recover indemnity for the damage to the taxi, it not being one of the cases specified in the Code in which an independent civil action may be maintained. For this reason, it must be held in abeyance until the termination of the criminal action. 00; Persons; independent civil actions 1976 No. I-a During a brawl in a basketball game, A Attacks B with a bottle and causes physical injuries. If B files a civil case against A for damages and during its pendency a criminal case is filed against A, should the civil case be suspended meanwhile? Explain. (Abellana vs. Marave, 57 SCRA 106) Answer
  • 18. Page 18 of 391 No, because the civil action for damages arising from physical injuries is an independent civil action and is entirely separate and distinct from the criminal action. (Article 33) 00; Persons; independent civil actions 1976 No. I-b If a criminal case is filed first, may the civil case be filed during the pendency of the criminal case or later, even without a reservation? Explain. Answer Yes. The civil case may be filed during the pendency of the criminal case even without a reservation, it being an independent, civil action. It is a substantive right and cannot be affected or modified by the Rules of Court. (Abellana v. Marave, 57 SCRA 106) 2. If the criminal case is no longer pending, there are two possibilities. There is either an acquittal or conviction. If there is an acquittal based on a positive finding of innocence with a pronouncement that the facts from which the civil case might arise do not exist, then the civil action cannot be filed; but if it is an acquittal based on reasonable doubt, then the civil action may still prosper. If the criminal cage resulted in conviction, whether damages were awarded or not, the civil case may no longer prosper, if any of the following circumstances took place: (a) If a private prosecutor appeared in the criminal case, which is an indication that the civil action was instituted together with the criminal case; or (b) If the injured party in the civil case actively participated and/or intervened in the criminal case. (Manio vs. Gaddi, 44 SCRA 198 (1972) 00; Persons; independent civil actions 1976 No. I-c Does Article 33 of the Civil Code on separate civil action for damages arising from injuries require that there be a reservation in the criminal case to file a separate civil action? Explain Answer Best Answer: No, because Article 33 provides that it is separate and distinct from the criminal action and may proceed independently of the criminal action. It is a substantive right and cannot be rendered nugatory by the Rules of Court. The power of the Supreme Court to promulgate rules is limited to pleadings, practice and procedure. (Abellana vs-Marave, supra) Alternative Answer 1. Yes, because Section 2, Rule 111 in relation to Article 33 requires a reservation in order to take out the civil case from the jurisdiction of the criminal court. The civil liability resulting from damages and the law accord the injured party an option to reserve or not to reserve. (Padua v. Robles) 2. Yes, because the general rule is that when a criminal action is filed, the civil action is impliedly instituted in the same criminal case, 00; Persons; juridical capacity vs capacity to act 1996 No. 1:
  • 19. Page 19 of 391 2) Distinguish juridical capacity from capacity to act, Answer: Juridical capacity is the fitness to be the subject of legal relations while capacity to act Is the power or to do acts with legal effect. The former is inherent in every natural person and is lost only through death while the latter is merely acquired and may be lost even before death (Art. 37, NCC). Alternative Answer; Juridical capacity, as distinguished from capacity to act: (a) the former is passive while the latter is active, (b) the former is inherent in a person while the latter is merely acquired, (c) the former is lost only through death while the latter may be lost through death or restricted by causes other than death, and Id) the former can exist without capacity to act while the latter cannot exist without juridical capacity. 00; Persons; natural persons 1999 No I. Elated that her sister who had been married for five years was pregnant for the first time, Alma donated P100,000.00 to the unborn child. Unfortunately, the baby died one hour after delivery. May Alma recover the P100.000.00 that she had donated to said baby before it was born considering that the baby died? Stated otherwise, is the donation valid and binding? Explain. (5%) ANSWER: The donation is valid and binding, being an act favorable to the unborn child, but only if the baby had an intra-uterine life of not less than seven months and pro- vided there was due acceptance of the donation by the proper person representing said child. If the child had less than seven months of intra-uterine life, it is not deemed born since it died less than 24 hours following its delivery, in which ease the donation never became effective since the donee never became a person, birth being determinative of personality. ALTERNATIVE ANSWER: Even if the baby had an intra-uterine life of more than seven months and the donation was properly accepted, it would be void for not having conformed with the proper form. In order to be valid, the donation and acceptance of personal property exceeding five thousand pesos should be in writing. (Article 748, par. 3) 00; Persons; prejudicial question 1988 No 1; (a) What is' a prejudicial question? What are its elements? What is its effect upon a criminal action? Answer: (a) A prejudicial question is a question which arises in a case, the resolution of which is a logical antecedent of the issue involved in said case, and the cognizance of which pertains to another tribunal (People vs. Aragon 94 Phil. 357; Jimenez vs. Aceria 22 SCRA 1380). It has two elements. They are: First, that it must be determinative of the guilt or innocence of the accused in the criminal case; and second, jurisdiction to try said question must be lodged in another tribunal (Ibid.) Its effect upon a criminal case is to suspend it if one has already been commenced (Article 36, CC). This is of course, the reverse of the ordinary rule of procedure. The reason for this is that the resolution of the question is determinative of the guilt or innocence of the accused in the criminal case.
  • 20. Page 20 of 391 00; Persons; prejudicial questions 1997 No. 3: In the context that the term is used in Civil Law, state the (a) concept, (b) requisites and (c) consequences of a prejudicial question, Answer: (a) Concept A prejudicial question is one which must be decided first before a criminal action may be instituted or may proceed because a decision therein is vital to the judgment in the criminal case. In the case of People vs. Adelo Aragon (L-5930, Feb. 17, 1954), the Supreme Court defined it as one which arises in a case, the resolution of which question is a logical antecedent of the issues involved in said case and the cognizance of which pertains to another tribunal (Paras, Vol. 1, Civil. Code Annotation, 1989 ed. p, 194). (b) Requisites 1, The prejudicial question must be determinative of the case before the court. 2. Jurisdiction to try said question must be lodged in another tribunal. Additional Answer: 1. The civil action involves an issue similar or intimately related to the issue raised in the criminal action, and 2. the resolution of such issue determines whether or not the criminal action may proceed. (c) Consequences The criminal case must be suspended. Thus, in a criminal case for damages to one's property, a civil action that involves -the ownership of said property should first be resolved (De Leon vs. Mabanag. 38 Phil. 202) 00; Persons; presumption of simultaneous death 1998 No III. Jaime, who is 65, and his son, Willy, who is 25, died in a plane crash. There is no proof as to who died first. Jaime's only surviving heir is his wife, Julia, who is also Willy's mother. Willy's surviving heirs are his mother, Julia and his wife, Wilma. 1. In the settlement of Jaime's estate, can Wilma successfully claim that her late husband, Willy had a hereditary share since he was much younger than his father and, therefore, should be presumed to have survived longer? [3%] 2. Suppose Jaime had a life insurance policy with his wife, Julia, and his son, Willy, as the beneficiaries. Can Wilma successfully claim that one-half of the proceeds should belong to Willy's estate? |2%J Answer: 1. No, Wilma cannot successfully claim that Willy had a hereditary share in his father's estate. Under Art. 43, Civil Code, two persons "who are called to succeed each other" are presumed to have died at the same time, in the absence of proof as to which of them died first. This presumption of simultaneous death applies in cases involving the question of succession as between the two who died, who in this case are mutual heirs, being father and son. Answer:
  • 21. Page 21 of 391 2. Yet, Wilma can invoke the presumption of survivorship and claim that one- half of the proceeds should belong to Willy's estate, under Sec. 3 (jj) par. 5 Rule 131, Rules of Court, as the dispute does not involve succession. Under this presumption, the person between the ages of 15 and 60 years is deemed to have survived one whose age was over 60 at the time of their deaths. The estate of Willy endowed with juridical personality stands in place and stead of Willy, as beneficiary. 00; Persons; presumption of simultaneous death 1999 No II. Mr. and Mrs. Cruz, who are childless, met with a serious motor vehicle accident with Mr. Cruz at the wheel and Mrs. Cruz seated beside him, resulting in the instant death of Mr. Cruz. Mrs. Cruz was still alive when help came but she also died on the way to the hospital. The couple acquired properties worth One Million (PI ,000,000.00) Pesos during their marriage, which are being claimed by the parents of both spouses in equal shares. Is the claim of both sets of parents valid and why? (3%) (b) Suppose in the preceding question, both Mr. and Mrs. Cruz were already dead when help came, so that no-body could say who died ahead of the other, would you answer be the same to the question as to who are entitled to the properties of the deceased couple? (2%) ANSWER: (a) No, the claim of both parents is not valid. When Mr. Cruz died, he was succeeded by his wife and his parents as his intestate heirs who will share his estate equally. His estate was 0.5 Million pesos which is his half share in the absolute community amounting to 1 Million Pesos. His wife, will, therefore, inherit O.25 Million Pesos and his parents will inherit 0.25 Million Pesos. When Mrs. Cruz died, she was succeeded by her parents as her intestate heirs. They will inherit all of her estate consisting of her 0.5 Million half share in the ab-solute community and her 0.25 Million inheritance from her husband, or a total of 0.750 Million Pesos. In sum, the parents of Mr. Cruz will inherit 250,000 Pesos while the parents of Mrs. Cruz will inherit 750,000 Pesos. (b) This being a case of succession, in the absence of proof as to the time of death of each of the spouses, it is presumed they died at the same time and no transmission of rights from one to the other is deemed to have taken place. Therefore, each of them is deemed to have an estate valued at P500,000,00, or one-half of their conjugal property of PI million. Their respective parents will thus inherit the entire PI Million in equal shares, OT P5OO,000.00 per set of parents. 00; Persons; presumption of simultaneous death 2000 No III. b) Cristy and her late husband Luis had two children, Rose and Patrick, One summer, her mother-in-law, aged 70, took the two children, then aged 10 and 12, with her on a boat trip to Cebu. Unfortunately, the vessel sank en route, and the bodies of the three were never found. None of the survivors ever saw them on the water. On the settlement of her mother-in-law's estate, Cristy files a claim for a share of her estate on the ground that the same was inherited by her children from their grandmother in representation of their father, and she Inherited the same from them. Will her action prosper? (2%) SUGGESTED ANSWER:
  • 22. Page 22 of 391 No, her action will not prosper. Since there was no proof as to who died first, all the three are deemed to have died at the same time and there was no transmission of rights from one to another, applying Article 43 of the New Civil Code. ALTERNATIVE ANSWER: No, her action will not prosper. Under Article 43 of the New Civil Code, inasmuch as there is no proof as to who died first, all the three are presumed to have died at the same time and there could be no transmission of rights among them. Her children not having inherited from their grandmother. Cristy has no right to share in her mother-in-law's estate. She cannot share in her own right as she is not a legal heir of her mother-in-law. The survivorship provision of Rule 131 of the Rules of Court does not apply to the problem. It applies only to those cases where the issue involved is not succession. 00; Persons; prospectivity of laws; exceptions 1977 No, I-b Give five (5) exceptions to the rule that laws shall have no retroactive effects. Answer The following are the exceptions to the rule that laws shall have no retroactive effect: (1) When the law itself expressly provides for its retroactivity (Art. 4, CC). (2) When the law is penal insofar as it favors the accused who is not a habitual criminal, even though at the time of the enactment of such law final sentence has already been rendered (Art. 22, Rev. Penal Code). (3) When the law is procedural so long as it does not affect or change vested rights (Aguillon vs. Dir. of Lands, 17 Phil. 560). (4) When the law creates new substantive rights (Arts. 2253, 2263, CC; Bona vs. Briones, 38 Phil. 276). (5) When the law Is curative in character in the sense that the purpose for its enactment is to cure defects or imperfections in judicial or administrative proceedings. 00; Persons; restrictions on capacity to act 1985 No. 1 B) Among the restrictions on capacity to act are minority, insanity, deaf- mutism, prodigality and civil interdiction, all of which do not exempt the incapacitated person from "certain obligations." Explain and discuss the said rule and illustrate its application by specific examples. Answers: B) 1. Such incapacitated person is not exempt from all obligations except those arising from contracts. In other words, he is liable if the obligation arises from law, from delicts, from quasi-delicts. 2. The general rule may be illustrated as follows: An incapacitated person is not exempt from civil liability except those arising from contracts; so he can be liable for a crime committed by him. He may not be criminally liable but he is a civilly liable. One may be insane but does not exempt him from his legal obligation to support his family,
  • 23. Page 23 of 391 3. A minor under 15 may commit a crime. He might have committed it without discernment and therefore would be free or exempt from the civil liability. With regard to property relations, a 5-year-old child may inherit property and the fact that the new owner of the property is incapacitated does not exempt the property and himself from the burden of easement. 4. The rule is based upon lack of voluntariness of the act due to physical or mental defects, and upon the necessity of protection by the State because of disabilities. Despite incapacity, a minor may be liable for crime. An insane person must recognize legal easements on his property. A person civilly interdicted may be liable for quasi-delict. 5. Minority, Insanity, deaf-mutism, prodigality and civil interdiction are mere restrictions on capacity to act and do not necessarily exempt the incapacitated person from certain obligations. Among such obligations are those arising from his acts or from property relations. Accordingly, a minor may be estopped by his misrepresentations; and an infant may be held civilly liable for his tortious conduct, a rule that is more preferable than to let the guiltless victim suffer the loss. 6. Minority, insanity, deaf-mutism, prodigality and civil interdictions are mere restrictions on capacity to act and do not necessarily exempt the incapacitated person from certain obligations. Among such obligations an those arising from his acts or from property relations (Arts. 38-39, Civil Code). Accordingly, a minor may be estopped by his misrepresentation (Mercado vs. Espiritu, 37 Phil. 215); and an infant may be held liable for his tortious conduct, a rule that is preferable than to let the guiltless victim suffer the lost (See Magtibay vs. Tiangco, 74 Phil. 676), 00; Persons; use of surnames 1975 No. VII A mother who had a natural child subsequently married a man other than the child's father. The child filed a petition to change his surname from the father's name to that of the step-father who has no objection thereto. May the petition be granted? Why? Answer Yes, the petition may be granted. While it is true that a natural child shall employ the surname of the recognizing parent or that of the father if acknowledged by both parents, this does not mean that such child is prohibited by law from taking another surname for justifiable reasons. The purpose of the law in allowing a change of name is to give a person an opportunity to improve his personality and promote his best interests. To allow the child here to change his name would eliminate the stigma of illegitimacy which he would continue to bear if his surname were to be that of his illegitimate father. Furthermore, the stepfather is agreeable to the child's using his surname. The court, therefore, in the sound exercise of its discretion may grant the petition. (Calderon v. Republic, 19 SCRA 721) 00; Persons; waiver 1978 No. V-b A was a consistent scholar and honor student for three (3) years in Manuel L. Quezon (MLQ) University and he enjoyed free tuition privileges. In his fourth year, he decided to study in a University in Davao as his father died and he had to stay with his mother. He needed the transcripts of his records in MLQ University, but MLQ refused to issue them until he had refunded the whole amount of tuition fees given to him for three (3) years of his stay, alleging that he had signed an agreement
  • 24. Page 24 of 391 beforehand and waiving his right to transfer to another university without having refunded the cash equivalent of his scholarship. A was forced to refund the amount as he did not want to be late for his enrollment in the Davao University. Later, he sued for its return. Can A recover the amount he refunded to MLQ University? Reasons for your answer. Answer Yes, A can recover the amount he refunded to MLQ University. The waiver signed by A is contrary to public policy, and therefore, null and void. Scholarship grants are awarded in recognition of merit and not to attract and keep brilliant students in school for their propaganda value. To look at such grants as a business scheme designed to increase the business potential of an educational institution is not only inconsistent with sound public policy bat also good morals. (NOTE: The above answer is based on Cui vs. Arellano University, L-15127, May 30, 1961 applying Art. 1306 of the New Civil Code.) 00; Persons; waiver of rights 2004 No. IX B. DON, an American businessman, secured parental consent for the employment of five minors to play certain roles in two movies he was producing at home in Makati. They worked at odd hours of the day and night, but always accompanied by parents or other adults. The producer paid the children talent fees at rates better than adult wages. But a social worker, DEB, reported to OSWD that these children often missed going to school. They sometimes drank wine, aside from being exposed to drugs. In some scenes, they were filmed naked or in revealing costumes. In his defense, DON contended all these were part of artistic freedom and cultural creativity. None of the parents complained, said DON. He also said they signed a contract containing a waiver of their right to file any complaint in any office or tribunal concerning the working conditions of their children acting in the movies. Is the waiver valid and binding? Why or why not? Explain. (5%) 00; Persons; waiver of rights 1977 No. XX-a Rights may be waived In what cases may waiver be prohibited and declared null and void? Answer Waiver is prohibited when it is contrary to law, public order, public policy, morals or good customs, or prejudicial to a third person with a right recognized by law, (Art. 6, Civil Code).
  • 25. Page 25 of 391 01; Conflict of laws 1981 No. 18 (b) True or false? -- A woman loses her citizenship when she marries a foreigner and under the national law of the husband she automatically acquires his citizenship by marriage. Answer (b) False. Under the 1973 Constitution, a female citizen of the Philippines who marries an alien shall retain her citizenship. Consequently, she does not necessarily acquire her husband's nationality. 01; Conflict of laws; Art. 15 1998 No II. Francis Albert, a citizen and resident of New Jersey, U.S.A., under whose law he was still a minor, being only 20 years of age, was hired by ABC Corporation of Manila to serve for two years as its chief computer programmer. But after serving for only four months, he resigned to join XYZ Corporation, which enticed him by offering more advantageous terms. His first employer sues him in Manila for damages arising from the breach of his contract of employment. He sets up his minority as a defense and asks for annulment of the contract on that ground. The plaintiff disputes this by alleging that since the contract was executed in the Philippines under whose law the age of majority is 18 years, he was no longer a minor at the time of perfection of the contract. 1, Will the suit prosper? [3%] 2. Suppose XYZ Corporation is impleaded as a co-defendant, what would be the basis of its liability, if any? [2%] Answer: 1. The suit will not prosper under Article 15, Civil Code, New Jersey law governs Francis Albert's capacity to act, being his personal law from the standpoint of both his nationality and his domicile. He was, therefore, a minor at the time he entered into the contract. Alternative Answer: 1. The suit will not prosper. Being a U.S. national, Albert's capacity to enter into a contract is determined by the law of the State of which he is a national, under which he to still a minor. This is in connection with Article 15 of the Civil Code which embodies the said nationality principle of lex patriae. While this principle intended to apply to Filipino citizens under that provision, the Supreme Court in Recto v. Harden is of the view that the status or capacity of foreigners is to be determined on the basis of the same provision or principle, i.e., by U.S. law in the present problem. Plaintiffs argument does not hold true, because status or capacity is not determined by lex loci contractus but by lex patriae. Another Answer: 1. Article 17 of the Civil Code provides that the forms and solemnities of contracts, wills and other public instruments shall be governed by the laws of the country in which they are executed. Since the contract of employment was executed in Manila, Philippine law should govern. Being over 18 years old and no longer a minor according to Philippine Law, Francis Albert can be sued. Thus, the suit of ABC Corporation against him for damages will prosper*
  • 26. Page 26 of 391 Answer: 2. XYZ Corporation, having enticed Francis Albert to break his contract with the plaintiff, may be held liable for damages under Art. 1314, Civil Code. Alternative Answer: 2. The basis of liability of XYZ Corporation would be Article 28 of the Civil Code which states that: "Unfair competition in agricultural, commercial, or industrial enterprises or in labor through the use of force, intimidation, deceit, machination or any other unjust, oppressive or highhanded method shall give rise to a right of action by the person who thereby suffers damage." Another Answer: 2. No liability arises. The statement of the problem does not in any way suggest intent, malice, or even knowledge, on the part of XYZ Corporation as to the contractual relations between Albert and ABC Corporation. 01; Conflict of laws; Art. 15; legal capacity 1995 No, 2: 3. What law governs the capacity of the Filipino to buy the land? Explain your answer and give its legal basis. Answer: Philippine law governs the capacity of the Filipino to buy the land. In addition to the principle of lex rei sitae given above. Article 15 of the NCC specifically provides that Philippine laws relating to legal capacity of persons are binding upon citizens of the Philippines no matter where they are. 01; Conflict of laws; Art. 15; legal capacity; capacity to contract 1995 No, 2: 2. What law governs the capacity of the Japanese to sell the land? Explain your answer and give its legal basis. Answer: Japanese law governs the capacity of the Japanese to sell the land being his personal law on the basis of an interpretation of Art. 15, NCC. Alternative Answers; a) Since capacity to contract is governed by the personal law of an individual, the. Japanese seller's capacity should be governed either by his national law (Japanese law) or by the law of his domicile, depending upon whether Japan follows the nationality or domiciliary theory of personal law for its citizens. b) Philippine law governs the capacity of the Japanese owner in selling the land. While as a general rule capacity of persons is governed by the law of his nationality, capacity concerning transactions involving property is an exception. Under Article 16 of the NCC. the capacity of persons in transactions involving title to property is governed by the law of the country where the property is situated. Since the property Is in the Philippines, Philippine law governs the capacity of the seller. 01; Conflict of laws; Art. 16 2001 No I
  • 27. Page 27 of 391 Alex was born a Filipino but was a naturalized Canadian citizen at the time of his death on December 25,1998. He left behind a last will and testament in which he bequeathed all his properties, real and personal, In the Philippines to his acknowledged illegitimate Fillpina daughter and nothing to his two legitimate Filipino sons. The sons sought the annulment of the last will and testament on the ground that it deprived them of their legitimes but the daughter was able to prove that there were no compulsory heirs or legitimes under Canadian law. Who should prevail? Why? (5%) SUGGESTED ANSWER The daughter should prevail because Article 16 of the New Civil Code provides that intestate and testamentary succession shall be governed by the national law of the person whose succession is under consideration. 01; Conflict of laws; Art. 16 1995 No, 2: While in Afghanistan, a Japanese by the name of Sato sold to Ramoncito, a Filipino, a parcel of land situated in the Philippines which Sato inherited from his Filipino mother. 1. What law governs the formality in the execution of the contract of sale? Explain your answer and give its legal basis. Answer: Under Art. 16 par. 1, NCC, real property is subject to the law of the country where it is situated. Since the property is situated in the Philippines, Philippine law applies. The rule of lex rei sitae in Article 16 prevails over lex loci contractu in Article 17 of the NCC. Alternative Answer: Afghanistan law governs the formal requirements of the contract since the execution is in Afghanistan. Art. 17 of the Civil Code provides that the forms and solemnities of contracts, wills, and other public Instruments shall be governed by the laws of the country in which they are executed. However, if the contract was executed before the diplomatic or consular officials of the Republic of the Philippines in Afghanistan, Philippine law shall apply. 01; Conflict of laws; Art. 16 1985 No. 11 A, a Filipino, 18 years of age, married and residing in a foreign country, having run out of money, borrowed P60,000.00 from B and to secure its payment, executed a real mortgage on a house and lot owned by him in Manila. Under the law of the country where he resides., he is deemed to be of age and the real estate mortgage is valid. The loan not having been paid on maturity, B brought an action in Manila to foreclose the mortgage and recover what is due him. a) May the real estate mortgage be foreclosed? Reasons. b) May B recover the loan of P50.000.00 due him as an unsecured debt and have the mortgaged property levied upon and sold for the satisfaction thereof? Discuss. Answers: (a) and (b) 1. Since A is 18 years of age and is a minor in our country, his real property is governed by our law, and therefore, the mortgage is voidable and can be
  • 28. Page 28 of 391 enforced subject to the defense of minority. The law provides that an emancipated minor cannot borrow money. By analogy with the ruling in the case of a conveyance of conjugal real property by the husband without the consent of the wife that held that conveyance void, the mortgage is likewise void. 2. Laws relating to family rights and duties or to the status, condition and legal capacity of persons are binding upon the citizens of the Philippines even though living abroad. A is a minor emancipated by marriage. Hence, he cannot borrow money or alienate or encumber real property without the consent of his father, mother or guardian. The real estate mortgage cannot be foreclosed and there can be no recovery because both contracts were not validly executed. 3. The law provides that an emancipated minor cannot borrow money or alienate or encumber real property without the consent of his father or mother, or guardian (Art. 399). Applying by analogy the ruling in the case of conveyance of conjugal real property by the husband without the wife's consent that held that conveyance void (Garcia re. Court of Appeals), the loan and the real estate mortgage contracted by A should be declared void. The real estate mortgage may not thus be foreclosed. For the reason addressed above, the rules on void contracts would apply that may generally negate recovery by either party thereunder (Art, 1412, Civil Code), 4. The loan is merely voidable under Art. 1390 being a contract where one is incapable of giving consent. Until annulled, the loan, as well as the real estate mortgage are binding between the parties. When & contract is voidable because of such incapacity, the incapacitated is "not obliged to make any restitution except insofar as he has benefited by the thing or price received by him" (Art. 1399, Civil Code). 01; Conflict of laws; Art. 17; contracts contrary to public policy 1996 No 18: Alma was hired as a domestic helper in Hongkong by the Dragon Services, Ltd., through its local agent. She executed a standard employment contract designed by the Philippine Overseas Workers Administration (POEA) for overseas Filipino workers. It provided for her employment for one year at a salary of US$1,000.00 a month. It was submitted to and approved by the POEA. However, when she arrived In Hongkong, she was asked to sign another contract by Dragon Services, Ltd. which reduced her salary to only US$600.00 a month. Having no other choice. Alma signed the contract but when she returned to the Philippines, she demanded payment of the salary differential of US$400.00 a month. Both Dragon Services, Ltd. and its local agent claimed that the second contract is valid under the laws of Hongkong, and therefore binding on Alma. Is their claim correct? Explain. Answer: Their claim is not correct. A contract is the law between the parties but the law can disregard the contract if it is contrary to public policy. The provisions of the 1987 Constitution on the protection of labor and on social justice (Sec. 10. Art II) embody a public policy of the Philippines. Since the application of Hongkong law in this case is in violation of that public policy, the application shall be disregarded by our Courts. (Cadalin v. POEA. 238 SCRA 762) Alternative Answers; a) Their claim is not correct. Assuming that the second contract is binding under Hongkong law, such second contract Is invalid under Philippine law which
  • 29. Page 29 of 391 recognizes as valid only the first contract. Since the case is being litigated in the Philippines, the Philippine Court as the forum will not enforce any foreign claim obnoxious to the forum's public policy. There is a strong public policy enshrined in our Constitution on the protection of labor. Therefore, the second contract shall be disregarded and the first contract will be enforced. (Cadalin v. POEA, 238 SCRA 762). b) No, their claim is not correct. The second contract executed In Hongkong, partakes of the nature of a waiver that is contrary to Philippine law and the public policy governing Filipino overseas workers. Art. 17, provides that our prohibitive laws concerning persons, their acts, or their property or which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or conventions agreed upon in a foreign country. Besides. Alma's consent to the second contract was vitiated by undue influence, being virtually helpless and under financial distress in a foreign country, as indicated by the given fact that she signed because she had no choice. Therefore, the defendants claim that the contract is valid under Hongkong law should be rejected since under the doctrine of processual presumption a foreign law is deemed similar or identical to Philippine law in the absence of proof to the contrary, and such is not mentioned in the problem as having been adduced. 01; Conflict of laws; Art. 17; labor contracts 1991 No 7; A. The Japan Air Lines (JAL), a foreigner corporation licensed to do business in the Philippines, executed in Manila a contract of employment with Maritess Guapa under which the latter was hired as a stewardess on the aircraft plying the Manila-Japan-Manila route. The contrast specifically provides that (1) the duration of the contract shall be two (2) years, (2) notwithstanding the above duration, JAL may terminate the agreement at any time by giving her notice in writing ten (10) days in advance, and (3) the contract shall be construed as governed under and by the laws of Japan and only the court in Tokyo, Japan shall have the jurisdiction to consider any matter arising from or relating to the contract. JAL dismissed Maritess on the fourth month of her employment without giving her due notice. Maritess then filed a complaint with the Labor Arbiter for reinstatement, backwages and damages. The lawyer of JAL contends that neither the Labor Arbiter nor any other agency or court In the Philippines has jurisdiction over the case in view of the above provision (3) of the contract which Maritess voluntarily signed. The contract Is the law between her and JAL. Decide the issue. B. Where under a State's own conflicts rule that domestic law of another State should apply, may the courts of the former nevertheless refuse to apply the latter? If so, under what circumstance? Answer, A, Labor Legislations are generally intended as expressions of public policy on employer-employee relations. The contract therefore, between Japan Air Lines (JAL) and Maritess may apply only to the extent that its provisions are not inconsistent with Philippine labor laws intended particularly to protect employees. Under the circumstances, the dismissal of Maritess without complying with Philippine Labor law would be invalid and any stipulation in the contract to the contrary is considered void. Since the law of the forum in this case is the Philippine law. the issues should-be resolved in accordance with Philippine law. B. The third paragraph of Art. 17 of the Civil Code provides that: