Question XVI, Civil Law, 2017 Bar Exam

Question XVI, Civil Law, 2017 Bar Exam

Jovencio operated a school bus to ferry his two sons and five of their schoolmates from their houses to their school, and back. The parents of the five schoolmates paid for the service. One morning, Porfirio, the driver, took a short cut on the way to school because he was running late, and drove across…

Question XV, Civil Law, 2017 Bar Exam

Question XV, Civil Law, 2017 Bar Exam

Kevin signed a loan agreement with ABC Bank. To secure payment, Kevin requested his girlfriend Rosella to execute a document entitled “Continuing Guaranty Agreement” whereby she expressly agreed to be solidarily liable for the obligation of Kevin. Can ABC Bank proceed directly against Rosella upon Kevin’s default even without proceeding against Kevin first? Explain your…

Question XIV, Civil Law, 2017 Bar Exam

Question XIV, Civil Law, 2017 Bar Exam

Plutarco owned land that borders on a river. After several years, the action of the water of the river caused the deposit of soil, and increased the area of Plutarco’s property by 200 square meters. (a) If Plutarco wants to own the increase in area, what will be his legal basis for doing so? Explain…

Question XIII, Civil Law, 2017 Bar Exam

Question XIII, Civil Law, 2017 Bar Exam

TRUE or FALSE – Explain your answers. (a) All rights are considered as property. (2%) (b) A lessee cannot bring a case for quieting of title respecting the property that he leases. (2%) (c) Only the city or municipal mayor can file a civil action to abate a public nuisance. (2%) (d) Possession of a…

Question XII, Civil Law, 2017 Bar Exam

Question XII, Civil Law, 2017 Bar Exam

Krystal owns a parcel of land covered by TCT No. 12345 in Angeles City. Due to severe financial constraints, Krystal was forced to sell the property to RBP Corporation, a foreign corporation based in South Korea. Subsequently, RBP Corporation sold the property to Gloria, one of its most valued clients. Wanting her property back, Krystal,…

Question XI, Civil Law, 2017 Bar Exam

Question XI, Civil Law, 2017 Bar Exam

Zeny and Nolan were best friends for a long time already. Zeny borrowed ₱10,000.00 from Nolan, evidenced by a promissory note whereby Zeny promised to pay the loan “once his means permit.” Two months later, they had a quarrel that broke their long-standing friendship. Nolan seeks your advice on how to collect from Zeny despite…

Question X, Civil Law, 2017 Bar Exam

Question X, Civil Law, 2017 Bar Exam

Briefly explain whether the following contracts are valid, rescissible, unenforceable, or void: (a) A contract of sale between Lana and Andy wherein 16-year old Lana agreed to sell her grand piano for ₱5,000.-00. (2%) (b) A contract of lease of the Philippine Sea entered by and between Mitoy and Elsa. (2%) (c) A barter of…

Question IX, Civil Law, 2017 Bar Exam

Question IX, Civil Law, 2017 Bar Exam

Danny and Elsa were married in 2002. In 2012, Elsa left the conjugal home and her two minor children with Danny to live with her paramour. In 2015, Danny sold without Elsa’s consent a parcel of land registered in his name that he had purchased prior to the marriage. Danny used the proceeds of the…

Question VIII, Civil Law, 2017 Bar Exam

Question VIII, Civil Law, 2017 Bar Exam

Pedro had worked for 15 years in Saudi Arabia when he finally decided to engage in farming in his home province where his 10- hectare farmland valued at ₱2,000,000.00 was located. He had already ₱3,000,000.00 savings from his long stint in Saudi Arabia. Eagerly awaiting Pedro’s arrival at the NAIA were his aging parents Modesto…

Question VII, Civil Law, 2017 Bar Exam

Question VII, Civil Law, 2017 Bar Exam

Alice agreed to sell a parcel of land with an area of 500 square meters registered in her name and covered by TCT No. 12345 in favor of Bernadette for the amount of ₱900,000.00. Their agreement dated October 15, 2015 reads as follows: I, Bernadette, agree to buy the lot owned by Alice covered by…