I.

On November 7, 2013, Dr. Kwak boarded at the port of Manila the MV Dona
Delia, an inter-island vessel owned and operated by Sulpicio Lines, Inc., bound for
Tacloban City. Unfortunately, said vessel sank in the afternoon of November 8, 2013
while at sea due to inclement sea and weather condition brought about by Super
Typhoon Yolanda. As a result, many passengers including Dr. Kwak, died. Being the
only surviving heir and successor of interest of Dr. Kwak, Dumbo, the brother of Dr.
Kwak sued Sulpicio Lines, Inc. to claim compensatory and moral damages based on
breach of contract of carriage. Finding Sulpicio Lines, Inc. to be negligent, the trial court
awarded compensatory damages but disallowed the award of moral damages. Is the
trial court correct in disallowing the award of moral damages? Why or why not? (5%)

II.

Analiza and Rodel were married. Two children, Lily and Lulu, whose parents and
whereabouts were unknown, were brought to them. They reared and took care of the
two kids.

Rodel died in 2000 but Analiza got married to Santiago, an Australian citizen. In
2001, Analiza decided to adopt the two children, hence, she filed the petition on April
24, 2004. Lily was already 25 years old while Lulu was already 18 years old at the time
of the filing of the petition. The DSWD issued a certification declaring the two children
as abandoned children. Santiago gave his consent to the adoption as shown in his
Affidavit of Consent. Will you grant the petition? Reason. (5%)


III.

Mari Mar executed an affidavit where she renounced, relinquished, waived and
quitclaimed all her rights, shares, interest and participation over a parcel of land unto
spouses Mark and Sugar Idjao, their heirs and assigns. What is the nature of such
affidavit? Is it valid? Explain. (10%)


IV.

a. If an obligation is due and demandable and there is unjustified refusal to accept
payment, does such act constitute extinguishment of the obligation by payment?
Why or why not? (2.5%)

b. State the effect of an unjustified refusal of the creditor to accept payment. (2.5%)


V.

Rosalie, who does not know how to drive, has always been driven by Allan, her
driver of five years whom she had chosen carefully and has never figured in a vehicular
mishap. One day, Rosalie was riding at the back seat of her Toyota Innova being driven
along EDSA by Allan. Absorbed in reading a book titled Fifty Shades of Grey, Rosalie
did not notice that they were approaching the corner of Quezon Avenue, when the traffic
light had just turned yellow. Allan suddenly stepped on the gas to cross the intersection
before the traffic light could turn red. But, it was too late. Midway in the intersection, the
traffic light changed, and a jeepney full of passengers suddenly crossed the Toyota
Innovas path. A collision between the two vehicles was inevitable. As a result, several
jeepney passengers were seriously injured. A suit for damages based on culpa
aquiliana was filed against Rosalie and Allan, seeking to hold them jointly and severally
liable for such injuries. May Rosalie be held liable? Explain. (10%)



VI.

Nickford died intestate on January 7, 1994 survived by his son Poldito. Nickfords
older son Mateo died on February 14, 1990.

Ferminlito who claims to be an adulterous child of Mateo intervenes in the
proceedings for the settlement of the estate of Nickford in representation of Mateo.
Ferminlito was legally adopted on March 17, 1970 by Mateo with the consent of the
latters wife.

a. Under the Family Code, how may an illegitimate filiation be proved? Explain.
(2.5%)
b. As a lawyer for Ferminlito, do you have to prove Ferminlitos illegitimate filiation?
Explain. (2.5%)
c. Can Ferminlito inherit from Nickford in representation of Mateo? Explain. (5%)



VII.

Baa, Ram and Ewe are the co-owners in equal shares of a residential house and
lot. During their co-ownership, the following acts were respectively done by the co-
owners:

1. Baa undertook the repair of the foundation of the house, then tilting to one
side, to prevent the house from collapsing.
2. Ram and Ewe mortgaged the house and lot to secure a loan.
3. Ram engaged a contractor to build a concrete fence all around the lot.
4. Ewe built a beautiful grotto in the garden.
5. Baa and Ewe sold the land to Porky for a very good price.

a. Is Baas sole decision to repair the foundation of the house binding on
Ram and Ewe? May Baa require Ram and Ewe to contribute their 2/3
share of the expense? Reason. (2%)
b. What is the legal effect of the mortgage contract executed by Ram and
Ewe? Explain. (2%)
c. Is Rams sole decision to build the fence binding upon Baa and Ewe? May
Ram require Baa and Ewe to contribute their 2/3 share of the expense?
Reason. (2%)
d. Is Ewes sole decision to build the grotto binding upon Baa and Ram? May
Ewe require Baa and Ram to contribute their 2/3 share of the expense?
Reason. (2%)
e. What are the legal effects, if any, of the contract of sale executed by Baa,
Ewe and Porky? Explain. (2%)



VIII.

Venus leased a parcel of land to Shamcey for a period of two years. The lease
contract did not contain any express prohibition against the assignment of the leasehold
or the subleasing of the leased premises. During the third year of the lease, Shamcey
subleased the land to Janine. In turn, Janine, without Venus consent, assigned the
sublease to Ariella. Venus then filed an action for the rescission of the contract of lease
on the ground that Shamcey has violated the terms and conditions of the lease
agreement. If you were the judge, how would you decide the case, particularly with
respect to: (a) the validity of Shamceys sublease to Janine and (b) Janines assignment
of the sublease to Ariella? (5%)


IX.

Richard sold a large parcel of land in Cebu to Raymond for 100M payable in
annual installments over a period of ten years, but title will remain with Richard until the
purchase price is fully paid. To enable Raymond to pay the price, Richard gave him a
power of attorney authorizing him to subdivide the land, sell the individual lots, and
deliver the proceeds to Richard, to be applied to the purchase price. Five years later,
Richard revoked the power of attorney and took over the sale of the subdivision lots
himself. Is the revocation valid or not? Why? 5%


X.

In 1985, Analiza and Rodel, both Filipino citizens, were married in the
Philippines. In 1987, they separated, and Rodel went to Australia, where he obtained a
divorce in the same year. He then married another Filipina, Jeanine, in Australia on
January 2, 1988. They had two sons, Mark and Rammil. In 1990, after failing to hear
from Rodel, Analiza married Elmer, by whom she had a daughter, Delia. In 1991, Rodel
visited the Philippines where he succumbed to heart attack.

a. Discuss the effect of the divorce obtained by Rodel and Analiza in Australia. 2%
b. Explain the status of the marriage between Rodel and Jeanine. 2%
c. Explain the status of the marriage between Analiza and Elmer. 2%
d. Explain the respective filiation of Mark, Rammil and Delia. 2%
e. Who are the heirs of Rodel? Explain. 2%


XI.

a. Distinguish a contract of sale from a contract to sell. (2.5%)
b. Vhong gave Cedric a receipt which states:

RECEIPT

Received from Cedric as down payment
for my Hyundai Eon with
Plate No. ABC123.. P50,000.00

Balance payable: 12/31/2014 . P100,000.00

May 9, 2014.

(Sgd) Vhong


Does this receipt evidence a contract to sell or a contract of sale? Why? (2.5%)


XII.

Juan and Maria lived together as husband and wife without the benefit of
marriage. When Maria was pregnant, Juan wrote his autobiography and stated therein
the following statements:

Maria is my wife as we fell in love with each other and now she is
pregnant and for that we lived together.

Two months before the child was born, Juan died. Maria sought to register the
childs birth with Juan as the father, but the Local Civil Registrar (LCR) denied the same
stating that the child cannot use the surname of his father because he was born out of
wedlock and that the autobiography was unsigned by Juan. Maria and the child filed a
complaint for registration of name against the LCR. During the hearing, Maria testified
on the circumstances of her common-law relationship with Juan. Marias testimony was
corroborated by the Affidavit of Acknowledgment of Juans father and the testimony of
Juans brother. She likewise offered Juans handwritten yet unsigned autobiography.
Decide. (10%)


XIII

In 1970, Superman and Wonder Woman got married. Prior to their marriage,
Superman had a child, Batman. In 1971 and 1972 Superman and Wonder Woman
legally adopted Captain America and Iron Man respectively. In 1973, Wonder Woman
died while giving birth to Hulk. Batman had a child, Robin. Batman never married.
Captain America, on the other hand, legally adopted Black Widow. Hulk had twins, Thor
and Flash, with his girlfriend, Cat Woman. In 2005, Batman, Hulk, and Captain America
died.

a. Who may inherit from Superman? Explain.
b. Who may NOT inherit from Superman? Explain. (10%)



MULTIPLE CHOICE QUESTIONS

1. Brad and Angelina are sweethearts and have been living in the same house as
husband and wife since 2010. In 2014, they decided to get married. Instead of
securing a marriage license, they executed an affidavit stating therein that they have
been cohabiting as husband and wife since 2008. The affidavit renders the marriage
of Brad and Angelina

a. Valid. The falsity of the affidavit does not affect the validity of marriage as their
cohabitation exempted them from securing a marriage license.
b. Valid. The falsity of the affidavit only refers to an irregularity similar to an
irregularity in a marriage license which does not affect the validity of marriage.
c. Voidable. The defect can be ratified by continued cohabitation by the parties.
d. Void. It is as if marriage was celebrated without a license.

2. A drug lord and his family reside in a small bungalow where they sell shabu. When
the police found the illegal trade, they immediately demolished the house. Can this
demolition be sustained?

a. Yes. The house is a nuisance per se that should be abated.
b. Yes. The house is an establishment which endangers the health and safety of
others.
c. No. The house is not a nuisance per se as it is not a structure which is a
nuisance at all times and under any circumstances.
d. No. The police should have secured a writ of demolition first.

3. Which of the following spouses is psychologically incapacitated?

a. Nagger
b. Congenital sexual pervert
c. Gambler
d. Alcoholic

4. A farmer borrowed money from the local merchant. To guarantee payment, they left
the Torrens title of their land with the merchant for him to hold until they pay the
loan. What contract was entered into?

a. Contract of pledge
b. Contract of mortgage
c. Contract of antichresis
d. Contract of loan

5. Brenda Mage, single, bought a parcel of land in Catarman from Lucresia for
P500,000.00. A contract was executed between them which already vested upon
Brenda Mage full ownership of the property, although payable in monthly
installments for a period of 4 years. One year after the execution of the contract,
Brenda Mage got married to Budoy. They executed a marriage settlement whereby
they agreed that their properties shall be governed by the regime of conjugal
partnership of gains. Thereafter, subsequent installments were paid from the
conjugal partnership funds. Is the land conjugal or paraphernal?

a. The land is conjugal because the installments were paid from the conjugal
partnership funds.
b. The land is paraphernal because ownership thereof was acquired before the
marriage.
c. The land is both conjugal and paraphernal because the installments were paid
from both the personal funds of Brenda Mage and the conjugal partnership
funds.
d. The land is paraphernal because it was Brenda Mage who purchased the same.

6. Charlie gave his diamond-encrusted watch worth Php 25,000.00 to his friend Danny
as a birthday gift. Danny readily accepted the gift with profuse gratitude. One month
later, they had a serious quarrel; hence, Charlie demanded the return of the watch
from Danny. Danny refused to return the watch. What is the nature of this donation?

(a) Valid, because there was intention to donate and delivery by the donor Charlie.
(b) Valid, because there was acceptance and receipt of the donated personal
property by the donee Danny.
(c) Void, because the value of the thing donated exceeded P5,000.00 and the
donation and acceptance were not in writing.
(d) Void, because the value of the thing donated exceeded P5,000.000 and the
donation and acceptance were not in a public instrument.

7. In 1986, Jennifer and Brad were madly in love. In 1989, because a certain Picasso
painting reminded brad of her, Jennifer acquired it and placed it in his bedroom. In
1990, Brad and Jennifer broke up. While Brad was mending his broken hearth, he
met Angie and fell in love. Because the Picasso painting reminded Angie of him,
Brad in his will bequeathed the painting to Angie. Brad died 1995. Saddened by
Brads death, Jennifer asked for the Picasso painting as a remembrance of him.
Angie refused and claimed that Brad, in his will, bequeathed the painting to her is
Angie correct? Why or why not?

a. Yes, because the painting was owned by Brad
b. Yes, because the painting was given as legacy to her by Brad.
c. No. because the real owner of the painting was Jennifer.
d. Yes, because the painting was given to Brad as a gift by Jennifer.

8. X and Y are married. The marriage was contracted under articulo mortis, and the
testator died within 3 months from the time of marriage. What is Xs share of his
spouses inheritance?

a. The surviving spouse shall inherit the whole hereditary estate.
b. The surviving spouse shall inherit of the estate.
c. The surviving spouse shall inherit 1/3 of the estate.
d. The surviving spouse shall inherit of the estate.


9. The bailee has the right to be reimbursed in full for advances he made for
extraordinary expenses of preservation of the subject matter in commodatum if:

a. he gave notice to the bailor before he incurred the expense.
b. if the extraordinary expense arose out of the actual use of the thing.
c. if the bailee was negligent in the use of the thing borrowed.
d. even if the cause of the expense was the fault of a third person.

10. Negative easement may be acquired by prescription through notarial prohibition.

a. No, because it is non-apparent.
b. Yes, because notarial prohibition makes apparent what is non-apparent.
c. Yes, because it is provided for by law.
d. Yes, only after 10 years from service of notarial prohibition.


GOOD LUCK!!!
xxx