Training and Convention Division University of the Philippines Law Center SUGGESTED ANSWERS TO THE 2022 MOCK BAR EXAMINATIONS IN. CIVIL LAWI (Cycle 1) 1 A, Band Care partners: Their contributions are as follows; A, P60,000; B, P40,000; C, services. The Articles of Partnership also provides that the profits will be distributed between A and B equally. If the partnership earned profit in the amount of P300,000.00, how should this amount be distributed? G points) ANSWER; Since C was 6xeltided from the sharing of the profits, the stipulation as to the distribution of the profits is ¥6id. [Art. 1799NCC]. In the absence of stipulation as to distribution of profits, C, as an industrial partner, shall receive such share as may be just and equitable under the circumstances. The balance, shall be distributed between A and B in proportion to their contribution [Art. 179NCC]. 1 A holographic will was presented for probate by the decedent's foster child, Erna. The oppositor, the decedent's brother, Julius, challenged the validity of the will on the ground that the testator, Flavio, executed the same under undue influence, Ema presented two witnesses who testified that the will is in the handwriting of the testator and that no undue influence was exerted upon Flavio. Julius argued that the will should not be allowed since Ema did not present three witnesses as provided for in Article 811 of the Civil Code. (2 points each) a. Should the will be allowed? Explain. (2.5 points) b. Would your answer be the if the ground of the opposition was the forgery of the testator’s signature in the will? Explain. (25 points) ANSWER: _ eueounoummEED ‘The Supreme Court has held that (SEUSS SHEERS that is, its authenticity or the testator’s signature is challenged. [Azaola v. Singson, 109 Phil. 102] Here the will (WAS'OE Contested for the ground of opposition was undue influence not the authenticity of the will or the testator’s signature therein. Hence #halkesaniony OF b. NG, my answer would not be the same. The will should not be allowed. The Supreme Court has held that i{a holographic will i GSHREEEEA, the presentation of HGNAEESSEE IS AN@ATSR). (Codoy v. Calugay, 12 Aug 99] Here only two witnesses were presented. Hence the will should not be allowed. UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 1 of 10There is opinion, however, that the case of Codoy does not overturn Azaola - this is because in Codoy, the witnesses presented were not able to properly testify on either the handwriting or the signature of the decedent. Thus, only one witness is actually necessary as long as the witness can properly and credibly identify the handwriting and signature of the decedent. m1 Frank was the driver of JAC Liner who caused the death of five (5) persons due to his negligence. A criminal complaint was filed against Frank. He was thereafter found guilty. As to its possible civil liability as a result of the conviction of Frank, can JAC Liner raise the defense that it exercised the diligence required in the selection and supervision of its employees? (5 points) ANSWER: No, an employer &@iifi6t invoke the defense that is exercised the diligence required in the selection and supervision of its employees ifthe lability is one arising from {N. This defense can only be invoked if the liability would SES@]H@miguasiedaliee. Iv X died with a net estate valued at P240Million. He was survived by: A [Paternal Grandmother], B [Paternal Grandfather], C [Maternal Grandmother], D [Father] E [Spouse] F, G & H [Legitimate Children] 1& J [Illegitimate Children] K & L [Brothers] M [Half-blood sister] N,O, P [Legitimate Children of F] If X executed a will, how much [maximum amount, including his legitime, if any] can he give to J ‘without violating the law on testamentary succession? (10 points) ANSWER: The total amount that may be given to J, including his legitime, is P6O/MAIIGA. The maximum amount that may be given to an heir is the entire freely disposable portion, if there is any, and his legitime, if he is a compulsory heir. To be able to determine the freely disposable portion of the estate in this case, the legitimes of the compulsory heirs who may inherit under the circumstance should first be computed. OnvEG EE, F, g and H's legitime, as legitimate children, is 14 of the estate or the total amount of —" ‘The legitime of E, as RE SHAVVING SPOURE is the same as the legitime of one legitime child or the amount of PAO)NEIHGH. The legitime of one legitimate child is half the legitime of a legitimate child. Thus, I and J's legitimate is in the total amount of P40 Million or P20 Million each. Thus, the remaining UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 2 of 10with a legitime of P20 Million may be validly given the total amount A, B, C and D, asilegiaimate are |. Brothers and sisters, whether of the full or half blood, are not compulsory heirs and thus not entitled to legitimes. NOland Pare excluded by tial father F by the proximity rule. v ‘Spouses X and Y had three @) children (A, B and C). With the intention of giving a condo unit to B by way of donation, X and Y instead signed a Deed of Absolute Sale over a condo unit with Band his wife as the buyers. B and W immediately took possession of the condo unit. Upon the death of X. A and C claimed that the condo unit is part of the estate of X. Is the claim of A and C correct? (5 points) ANSWER: WES, because they entered into a which is a Thus, it is a void contract so the ownership over the condo unit [Art.1346 NCC]. VI Amy and Duncan raised their children in a home built on a piece of land owned by Amy’s father. They borrowed 2 million pesos from the RCBC to build up their business. They were unable to pay the loan. Can RCBC now foreclose on the home? Why or why not? ( points) ANSWER: ¥68. Generally, a family home is According to the family home, to be considered as such, must be part of the properties of the absolute community or the conjugal partnership, or of the exclusive properties of either spouse with the latter's consent. It may also be constituted by an unmarried head of a family on his or her own property. In the present case, Amy and Duncan Gelnolownlthe land upon which they built their home and the facts do not show that the subject home forms part of the community, conjugal, or exclusive properties of the spouses. Hence, there being no proof that the subject property can be consiciered a family home, the same can be sold in public auction in order to satisfy the debt. vial Luisa and David had been dating for about five years in 1999 when Luisa found out that she was pregnant. David wanted to marry her, so he went to the Makati City Hall and applied for and obtained a marriage license No. 1234567 in February 1999. But Luisa wanted to be a beautiful and slim bride and so they waited until after she had given birth, Their one-year old child, Harry, walked down the aisle with them in March 2000 as the Manila Symphony Orchestra played the age-old tune UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 3 of 10“Here Comes the Bride.” Cardinal Vidalido checked the marriage contract and saw that marriage license No. 1234567 was printed thereon. In 2005, upset and angry over David’s gambling addiction, Luisa left him and she and Harry went to live with her mother. In 2007, Luisa and Harry left for the United States and there she married Robert, a man she had met in the airport. Happy at last, Luisa, Robert and Harry returned to the Philippines and set up their home. a, What is the status of the marriage of Luisa and David? 2.5 points) b, What is the status of the marriage of Luisa and Robert? (2.5 points) ANSWER: a, Weta AbSeRCe OMA TmanIage Nicene, Art. 35 (2) - a marriage license is valid only for 1O|ayS as stated in Art. 20 of the FC: The license shall be valid in any part of the Philippines for a period of one hundred twenty days from the date of issue, and shall be deemed automatically canceled at the expiration of the said period if the contracting parties have not made use of it. The expiry date shall be stamped in bold characters on the face of every license issued. b, Vid DAS/ARHEEG of the FC requires that: The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void. The question €6es HOpIGIeae that Luisa obtained a nullity of her first void marriage to David. vir Marcelino, a Filipino, and his American wife Beatrice, executed a Joint Will in Boston, Massachusetts, when they were residing in the said city. The law of Massachusetts allows the execution of joint wills. Shortly thereafter, Beatrice died. Can their will be probated in the Philippines for the settlement of her estate? Why or why not? (5 points) ANSWER: N68. The Will can be probated fisofar/as Beatrice is Corieernied since she is a/Ainetican. (Aifile'S16 provides that the will of an alien who is abroad produces effect in the Philippines if made with the formalities prescribed by the law of the place in which he resides, or according to the formalities observed in his country, or in conformity with those which this Code prescribes. x Lawyer Troy ~ separated from bed but not from board with his wife - was very attracted to the animated, independent minded Teri, a doctor. Where his wife seemed petty with complaints on the grocery bills and their twin daughters, Teri shared his passion for museums, concerts, adventurous cuisine and books. Troy decided to marry Teri in London before they moved into their new home, They had a son, Trevor. But paradise turned into purgatory with Teri constantly being suspicious of Troy’s late nights in the office. Teri demanded that they divide their accumulated properties and go their own separate ways. UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 4 of 10a. It is in the process of the inventory that Teri found out that the house and lot they bought was mortgaged to Sterling Unibank to secure a loan which Troy used to renovate his law office. The mortgage is annotated on the TCT of the lot. Teri has not given her consent to the loan or the mortgage. Is the mortgage of the house and lot to Sterling Unibank valid? (2.5 points) b. After his separation from Teri, Troy succumbed to a cardiac arrest while playing tennis, In the settlement of Troy's estate, Teri claimed that her son Trevor is entitled to inherit in the same share as Troy's twin daughters. Is Teri’s contention correct? (25 points) ANSWER: a. The property regime between Troy and Teri /SHESACOOWHEHIP (Article 148, Family Code), being a Smition law relationship given the legal impediment of Troy with his existing marriage. The mortgage of the house and lot to Sterling Unibank is valid but only to the extent of The mortgage does not extend to the undivided interest of Teri, who did not give her consent. When the partition of the house and lot is completed, Sterling Unibank will continue to have a mortgage interest on the portion which may be allotted to Troy upon the termination of the co-ownership. b, Teri’s contention is G68. Trevor is AMMEGMAE TA, born out of a between a married man Troy and Teri, As an illegitimate child, Trevor is a heir of Troy (Article 887), and is entitled to a legitime of % of the share of a legitimate child of Troy. (Article 895) x Nini is distraught: she received a phone call that her husband Ben has disappeared. A crew member of a gas tanker, Ben was reported missing when he failed to return after his shore leave in Nagoya. ‘The other crew members remember Ben saying he was meeting a friend and will not join them in the usual sightseeing and shopping for pasalubongs. It is now 2015, two years passed without word on the whereabouts of Ben. Nini tries to move on by joining a support group, where he meets Neil, who is also trying to get over his marital break-up. Neil and Nini soon became a couple, and Neil move in with Nini to better support each other. a. In 2016, Neil proposed to Nini as soon as he received the final judgment of the annulment of his marriage to Ana. But Nini was hesitant and asked Neil to wait until four years would have passed since Ben’ s disappearance. Does Nini indeed have to wait longer and is there anything else she has todo to validly marry Neil? (2.5 points) b. Neil totally overlooked to register the decree of annulment of his marriage to Ana with the Civil Registry and the Registry of Property. Would that omission affect his capacity to marry Nini? (2.5 points) ANSWER: a Her husband Ben was missing ily fora little over 2 years and she is still married to Ben. Under a marriage contracted by Nini shall be null and void, UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 5 of 10unless before the celebration of the marriage to Neil, Ben (the prior spouse) had been absent for {60 (CGRSCEULIVE Yeas and Nini has a well-founded belief that Ben was already dead. If the disappearance of Ben was one where there is danger of death under the circumstances set forth in Article 391 of the Civil Code, an absence of only two years would be sufficient. // Nini must institute a Samimary PROERAANG for the declaration of presumptive death of Ben before she contracts marriage with Neil. b, ¥68, the Fail PORORSE the decree of annulment of marriage shall have no effect on third parties and the subsequent marriage of Neil to Nini will be considered null and void. XI Prime sold to Pido a townhouse payable in 12 monthly installments. The sale was made without the knowledge and consent of Patty, the wife of Prime, who was at that time taking care of her terminally ill mother in Canada. The townhouse was the first property bought by Prime and Patty after they got married, but they later moved out to a bigger house and leased the townhouse to Pido. When Pido subsequently asked Prime for an extension of 6 months (making the payment period up. to 18 months), Patty put her initials beside Prime's signature in the “Amendment to Deed of Sale” between Prime and Pido. Under a pre-nuptial agreement, Prime and Patty adopted a conjugal partnership of gains property regime, Is the sale to Pido valid or aot? (5 points) ANSWER: IHSSHGifal ISAS WALA in the AREHTS|SH RSW ICAGS Mn COREA of Patty. Under the Family Code, the original transaction is construed as a Continuing offer on the part of Prime and Pido and may be perfected as a binding contract upon the acceptance by Patty. The affixing by Patty of her initials to the Amendment should be construed as her consent to the sale, and the sale of the townhouse became valid by reason of her ratification. xi InJuly 2017, Lionel bought a 1,500 square meter lot from Lexi Industrial Park, Inc., a PEZA registered export zone in Cavite, for his bamboo furniture factory. ‘The purchase price of PhP13,500,000 is payable by Lionel as follows: PhP2 million upon signing of the Deed of Sale (Installment) and the balance in 5 years, and Lionel can immediately use the property for his manufacturing operations. The contract also includes the standard stipulation that if Lionel fails to pay an instalment, Lexi Industrial has the right to cancel the contract, consider the payments as lease rentals, and take back the property. Lionel failed to pay the monthly instalments since October 2019. a. Can Lionel avail of the remedies under the Maceda law? (2.5 points) b. Not wanting to completely lose the property, Lionel signed an “Assignment of Rights” with his brother Lemuel, who agreed to pay all outstanding instalments and take over the future payments. UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 6 of 10A notarized copy of the Assignment of Rights was given by Lionel to Lexi Industrial. When Lexi Industrial sent a billing statement to Lionel, he claimed that there has been a novation and he is no longer bound by the Contract. Is Lionel correct? (2.5 points) ANSWER: a. N. The Maceda Law finds no application in the sale of iGSSETa 61S i eon. b, NO. The assignment (ould result in a novation of the contract through a change of the debtor (Article 1293). Novation is never presumed and requires the consent of the creditor. The fact that Lexi Industrial sent a billing statement to Lionel shows that it did not give consent to the assignment. Thus, Lionel is Sil boil by eteonirat. ALTERNATIVE ANSWER: Yes, there is novation through a change of debtor from Lionel to Lemuel. Having received a notarized copy of the assignment of rights, Lexi accepted the same without any objection and may be deemed to have consented to the novation, XI Kevin is a crew member of an ocean-going vessel. While the vessel was in international waters en route to Japan sometime in September 2016, he was reported missing by his roommate Kenneth when Kevin did not return to their cabin to sleep. A thorough search was conducted on board the vessel and in accordance with international search protocols, but Kevin was never found. Kevin's grieving wife Kathy became close with Kenneth, who became her shoulder to cry on, The intimacy resulted in the birth of a baby boy Konrad in March 2018, Being a proud father, Kenneth wanted Konrad’s birth certificate to reflect his family name as Konrad’s. Can Konrad use the family name of Kenneth? (5 points) ANSWER: No ilegitimate’childdren shall bear the sumamee of the mother (Article 175, Family Code) At the time of Konrad’s birth, Kathy was still legally married to Kevin. Konrad is XIV Penelope and Diana entered into an oral contract wherein Diana agreed to the sale of Lot 1 toPenelope for the price of P 20,000,000.00. It turned out at the time Penelope and Diana agreed upon the sale, Diana was not the owner of Lot 1. a. Is the contract of sale valid? Explain. (2.5 points) Later, Penelope asked Diana to deliver the lot to her but Diana refused since she had obtained a better offer from Teresa, Penelope filed an action for specific performance against Diana. Diana filed a motion to dismiss on the ground that she cannot be compelled to perform the contract since it was not in writing, UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 7 of 10b, Ifyou were the judge, would you grant Diana's motion to dismiss? Explain. (2.5 points) Let us say that instead of filing a motion to dismiss Diana filed an answer raising the defence that the contract of sale was under the Statute of Frauds. During the trial Penelope's lawyer stated that he will present Penelope for the purpose of testifying on the oral contract of sale. After Penelope had finished her direct testimony, the lawyer for Diana moved to strike out Penelope's testimony on the ground that it was in violation of the Statute of Frauds. c. What is the Statute of Frauds? What is the purpose of the Statute of Frauds? (25 points) d.If you were the judge, would you sustain the motion to strike out? Explain. (2.5 points) ANSWER: a.Yes, . Under the Civil Code provisions on Obligations and Contracts, an (Gial/Bale of real property is Nevertheless, an unenforceable contract is still valid as the same may be ratified. Under the Law on Sales, a sale is valid 6V8H/H/SBIIEP IS NOt the |OWHEF of the object at the time of the perfection of the sale. Hence the sale is valid even if Diana did not own Lot 1. b. W@&, if I were the judge I would §#ait Diana's motion to dismiss. Under the Civil Code provisions on Obligations and Contracts, sale of real property is @GvshedDyitielstanutelOnEraadsyand ‘WENFOTCeAbIEBY ACTION. Also, Penelope and Diana did not enter into a separate option contract which would have prohibited Diana from selling the lot to any other person until the option period had expired. €. The Statute of Frauds is that provision in the Civil Code Ei ree &fe|iinenforeable|by action, unless the same, or some note or memorandum thereof, be in writing and subscribed by the party charged or by his agent. [Article 1403[2], Civil Code]. The purpose of the Statute of Frauds is to d. NG, if 1 were the judge, I would not sustain the motion to strike out. Under the Civil Code provisions on Obligations and Contracts, contracts infringing the Statute of Frauds are ratified by the failure to object to the presentation of oral evidence to prove the same [Article 1405, Civil Code]. Here Diana's Hence the contract was xv Emilio and his wife Epifania travel with family or friends, Their most recent trip to Singapore to watch Formula 1 became a “nightmare” as they claimed in their complaint against Singapore Airlines. The facts are not contested: Emil and Epi booked business class round trip tickets, together with good friends Pauli and Pam. On their return flight, they were all issued their business class boarding passes. But when they were boarding the plane, Emil and Epi were advised that they have been upgraded to First Class, a privilege they are entitled to as Flyer Elite Gold members when the business class section is overbooked. Emil and Epi did not wish to leave their friends but eventually took the flight in the First Class section, UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 8 of 10Upon their return to Manila, Emil and Epi sued Singapore Airlines for breach of contract of carriage. They claimed that they were terribly embarrassed with Pauli and Pam, that Singapore Airlines acted in bad faith and with malice, and they are entitled to claim damages. Was there a breach on the part of Singapore Airlines? (6 points) ANSWER: ¥& there is a bigachiolthe ConwacEO! calHage because Singapore Airlines Aid MOUpIOWIE which is for Emi and Epi to travel in business class. The file in demands that the obligor gives or renders what has been agreed upon. Singapore Airlines cannot compel Emil and Epi to receive a different kind of service even if that may be more valuable than that which is due, as in the case here with the first class seats for their flight. XVI On January 5, 2016, Rodrigo obtained a loan of 10 Million Pesos from his friend, Gloria. The promissory note did not stipulate any payment for interest. The note was due on January 5, 2017, but, during the May 2016 Elections, the two became political enemies. Out of spite, Rodrigo deliberately defaulted on paying the loan, thus forcing Gloria to sue him. (2 points each) a. What actual damages can Gloria recover? b. Can Gloria ask for moral damages? ¢. Can Gloria ask for nominal damages? d. Can Gloria ask for temperate damages? ¢. Can Gloria recover attorney's fees? ANSWER: a. Amount of ae som date of demand. In addition, since Rodrigo in BF, liable for all damages attributed to the non-performance of obligation. (Art. 2201(2)) b, Yes, 220, bec or in BF. c. Not if Gloria d. Gloria can ask but likely will not be awarded because her actual damages may already be compensated upon (2224) e. Yes, 2208, par. 2, as she was XVII Joseph hired Jed (an architect and contractor) to build his weekend home in Batangas. The construction contract stipulates that Jed will deliver/turn-over the house to Joseph no later than July 2020 for a turn-key price of PhP5million. Because of the COVID-19 quarantine, Jed stopped operations and was unable to deliver the completed house even by August 2020. UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 9 of 10If Joseph sues Jed for breach of contract, can Jed claim that the quarantine exempts him from performance under the construction contract? Explain your legal basis. (6 points) ANSWER: ¥@8 The government's imposition of quarantine has made the fulfillment of the obligation When service has become more onerous and beyond the contemplation of the parties, the obligor Jed may be released therefrom. Under Article 1267 also provides that when the service has become so onerous beyond the contemplation of the parties, the obligor may also be released in whole or in part. ALTERNATIVE ANSWER: Yes, Jed should be exempted from performance of the contract because under Article 1174 no person shall be responsible for a fortuitous event which could not be foreseen, or which, though foreseen, was inevitable, Neither quarantine nor the pandemic that resulted to the imposition of quarantine was impossible to foresee and even if foreseen was impossible to avoid, the quarantine rendered it impossible for Jed to construct the house, and Jed has no participation in the resulting delay. -NOTHING FOLLOWS- UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 10 of 10