CIVIL LAW REVIEW I – MOCK BAR

[NOTE: The answers in black are correct as indicated from the photo of the booklet or has been corrected by
cross-reference to another source (e.g. codal, reviewers, etc.). The answers in red are incorrect as per the booklet;
the correct answers cannot be deciphered contextually without looking into the questions. The answer in green
is my contrary answer to the answer in red above it but they were also considered wrong. It may be presumed
that it is the explanation to the categorical answer made it wrong.]

1. No, judicial decisions cannot repeal a law. Under the Civil Code, judicial interpretations of
laws and of the Constitution form part of the legal system of the land. They are not
considered as the law itself. Therefore, judicial declaration or interpretation cannot repeal
a law.
2. With respect to Marta, she can file a complaint for damages for the injuries she sustained
and for the loss of her child. However, the baby cannot be a plaintiff in this case because
civil personality is extinguished by death. Considering that the baby died instantly, she has
no civil personality that would capacitate her to sue.
3. No. Girlie has no legal capacity to marry for being a minor. Under the law, only those 18
years old and above may validly marry.
4. No. Pedro and Jose cannot be charged under the said law because the same has yet to be
published. As a rule, the law takes effect 15 days following its publication in the Official
Gazette or newspaper of general circulation. Considering that no publication has been
made, the law is yet to be effective. Hence, one cannot be held liable for violation thereof.
5. a. Pedro, who is an illegitimate child of Juan and Maria will be legitimated. Under the law,
an illegitimate child who was born in parents who have no impediment to marry, at that
time of birth of the child, and subsequently married each other, shall be legitimated. The
marriage of Juan and Maria shall convert the status of Pedro from illegitimate to
legitimated.
b. The property relations between the spouses shall be an absolute community. Under the
law, in the absence of marriage settlement of the spouses prior to the celebration of
marriage, the property relations shall be governed by the absolute community of property.
c. No, Maria is not a co-owner of the 10M. The 10M is part of the conjugal property of the
spouses.
Yes. Maria is a co-owner of the P10M. In absolute community property, all properties of
each spouse before and during the marriage shall form part of the community property,
unless a contrary pre-nuptial agreement was validly executed.
6. No, the court cannot compel Maria to cohabit with her husband. Although as a mandate,
husband and wife shall live together; however, one cannot be compelled to live with her
husband or his wife, against his/her will.
7. I qualify. If the cohabitation is 5 years or more, they could marry each other without a
marriage license; an affidavit of cohabitation will be executed in lieu of the marriage
license. Moreover, it is necessary that the cohabitation is continuous and exclusive.
 Otherwise, this rule shall not apply. If the cohabitation is short of 5 years and is not
continuous and exclusive, a marriage license is still necessary.
8. No. The annulment of marriage on the ground of alleged fraud shall not prosper.
Annulment on the ground of fraud is tenable if the wife, who was then pregnant, pretended
and made the husband believed that he is the father of the child, where in fact he is not.
9. a. Maria Cruz may use the following names:
(a) Maria Cruz;
(b) Maria C. Reyes;
(c) Mrs. Jose Reyes.
b. Yes. Maria, being the legal wife, has the right to use the surname of her husband and
exclude others from using the same. She may sue Ana to enjoin from using the surname
“Reyes” since only the legal wife can validly use her husband’s surname.
10. No, Alex does not retain ownership thereof considering that floatable, navigable rivers are
owned by the State. However, Alex is the new owner of the parcel of land of the abandoned
river, in proportion to the area he lost.
11. No. There should be either judicial or extrajudicial abatement of such nuisance brought
about by the tree which has lot of fruits. In this case, considering that the public is in danger,
this tree has become a public nuisance. Therefore, abatement can be done by proper
authority through the exercise of police power, or through judicial intervention by filing a
civil action, and criminal action to be initiated by proper authority.
12. Pedrita owns the offspring because it is considered as natural fruits of her cow, which is a
personal property. Under the law, he who owns the thing is the owner of its fruits and
accession.
13. a. Rico retains ownership of the uprooted trees, provided that he will claim the same within
the prescribed period.
b. Yes. Rico may still recover the uprooted tree provided that he will claim the same within
6 months and shall pay for the necessary expenses for keeping the same.
14. a. The car radio is an accession to the car. While it is may not necessarily impair the integral
functions of the car, it significantly improved the car’s overall value.
b. The horns of a carabao is an accession because it is a natural part of the carabao itself. It
may impair or do substantial damage to the animal when removed.
c. The unborn young of a carabao is an accession. Youngs of an animal is the natural fruits
of their mother.
15. My obligation is to return the remaining bird in the poultry which in this case is only 1
bird. Under the law, the usufructuary is not liable for the loss of the thing subject of usufruct
due to force majeure provided that there is no negligence on the part of usufructuary.
16. a. Max created an easement of right of way, his property being the servient estate and
Marco’s as the dominant estate.
 b. If Max would charge 1,000/ month, the relationship shall be that of a lessor and a lessee.
17. The State. Under the law, minerals and other natural resources are owned by the state.
18. Yes. The agreement is valid. The agreement between the parties are the law between the
parties. Therefore, such agreement shall be binding upon them.
No. In general, the agreement between the parties to a contract is binding upon them
provided that the consideration thereof is lawful. It must also follow a prescribed form in
order not to prejudice third persons. In this case, the agreement must be in public instrument
and registered in the Registry of Property.
19. No. Pedro does not acquire the property either by ordinary or extra-ordinary prescription.
The mere tolerance of the owner of a property shall not result to acquisitive prescription.
In order to acquire ownership through prescription, the possession shall be in open,
continuous, exclusive, notorious, and in the concept of an owner.
20. Tita owns the broken pre-historic pottery and the remains of pre-historic dinosaur, being
the finder and at the same time owner of the parcel of land on which the same was found.
Nevertheless, the state may acquire the same for being object with historic and scientific
value upon payment of just compensation.
21. a. Juana, being the intestate heir, shall inherit the property from Juanita.
b. Yes, the property is a reservable property. Under the law, the requisites of reserva troncal
are the following:
i. Propositus acquired the property from the origin by gratuitous title, from ascendant,
or brother or sister;
ii. Propositus died without an issue;
iii. The property was acquired by the other descendant (reservista) by operation of law.
In this case, all the requisites are present. Juanita acquired the property by gratuitous title
from Rico, who is her ascendant; and she died without an issue; by such death, the other
ascendant, Juana inherited the property by operation of law.
22. Yes. Pedro III can represent Pedro Jr in the inheritance from Pedro Sr’s estate. Under the
law, a person may represent him whose inheritance he has renounced.
23. a. Legacy shall be divided equally between Alex and Alice, each shall be entitled to
P50,000.00. Under the law, instituted heirs without designation of shares shall inherit
equally.
b. In case Virgil died without a will, the entire amount shall be given to Alex. Under the
law, an illegitimate cannot inherit ab intestate from legitimate relatives. In the same way,
legitimate cannot inherit ab intestate from illegitimate relatives.
24. a. No. Accretion is not proper because accretion presupposes commonality of inheritance
and plurality of the heirs. Considering that they are not called to a common inheritance
but instead given a particular portion, accretion shall not take place.
 b. Bert will not get the P10,000.00 as his legacy and Dan the P20,000.00 as his legacy. The
legacy of Tim shall revert back to the estate of Roy.
25. Nato will get the entire inheritance by intestate succession. Glen, a legitimate relative,
cannot inherit from Cris, an illegitimate because of the iron barrier rule which prohibits an
illegitimate to inherit ab intestate from legitimate and vice versa.
26. a. No, the inheritance is deemed accepted. Under the law, acceptance of inheritance may
be expressed or implied. It was further provided that within a period of 30 days from the
institution of probate proceedings, heirs must manifest repudiation or acceptance of
inheritance. After such period lapsed, the inheritance is deemed accepted.
b. No, the will inherit the said property in their own right as compulsory heirs of Nilo. At
the moment of death of Enero, the ownership of such property was already transmitted
to Nilo. Therefore, Nilo is the owner of the property and his heirs will inherit such in
their own right.
27. Jean shall get the entire estate of P1M being a relative in the nearest degree. The presence
of Jean, a 3rd degree relative of the decedent, excludes other relatives in the farther degrees
from the inheritance.
28. The legal heirs are Becky and Tarcila; being a collateral blood relative, in the same degree.
Each shall get half of the estate or P500,000.00.
29. No, the same cannot be considered a holographic will because the intention to make a will
is lacking.
30. a. Mario’s estate shall be inherited by his brother, sister, uncle, and his first cousin, in equal
shares considering that all of them was instituted as heirs without designation of shares.
b. No. In case that the will is void, intestacy will take place. In intestacy, only the brother
and sister of Mario shall inherit due to the principle of the nearest relatives excludes the
farther. Hence, the presence of a brother and a sister, who are 2 degrees away from the
decedent will exclude the uncle, a 3rd degree, and the cousin, a 4th degree, from inheriting
thru intestate succession.