JURISTS BAR REVIEW CENTER™

CIVIL LAW MOCK BAR EXAM

07 August
2022

This mock bar examination consists of 18 essay questions in 7 pages. Please

finish the examination within four hours. The file name of your mock bar answers
should follow this format: LAST NAME, FIRST NAME - CIVIL LAW MOCK BAR.
Submitted answers that do not follow the format will not be checked.

Your answer should demonstrate your ability to analyze the facts presented by
the question, to select the material from the immaterial facts, and to discern the points
upon which the question turns. It should show your knowledge and understanding of the
pertinent principles and theories of law involved and their qualifications and limitations.
It should demonstrate your ability to apply the law to the given facts, and to reason
logically in a lawyer-like manner to a sound conclusion from the given premises. A mere
"Yes" or "No" answer without any corresponding explanation or discussion will not be
given any credit. Thus, always briefly but fully explain your answers although the
question does not expressly ask for an explanation. At the same time, remember that a
complete explanation does not require that you volunteer information or discuss legal
doctrines that are not necessary or pertinent to the solution to the problem. You do not
need to re-write or repeat the question in your answer.

Norma’s Salon, Inc., a beauty salon, was mired in debt.  Unlike five years ago,
the Salon was now facing tough competition from Bench Fix and Bruno’s Barbers, to
name a few.  In an effort to reduce its ballooning debt, Norma’s Salon delivered, by way
of dacion en pago, twenty of its salon seats and ten of its hair blowers to its principal
creditor, Chinabank.  The items were collectively valued at P700,000. Seven months
after, Chinabank found that some of the salon seats and hair blowers were defective. 
Chinabank sued Norma’s Salon, Inc., for breach of warranty against hidden defects. Is
Chinabank correct in invoking the warranty against hidden defects? Explain

Nida leased for twenty years a commercial building owned by Doni. Doni gave
Nida a right of first refusal in case Doni decides to sell the property. Twelve years into
the lease, Daphne offered to buy Doni’s property for P150 Million. Because of the
irresistible offer, Doni sold the property to Daphne. Daphne was not aware that the
property was leased by Nida. Thus, Daphne sent Nida a formal demand to vacate the

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dissemination, sharing, uploading, downloading, and storage strictly prohibited and will be prosecuted to
the full extent of the law, including the filing of administrative complaints with the Office of the Bar
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property. Feeling aggrieved, Nida filed an accion pauliana against Doni and Daphne.
Will Nida’s accion pauliana against Doni and Daphne prosper? Why?

Sometime in 2017, Lisa, a Filipina, married her Korean live-in partner, Hayato, in
South Korea. After two years of marriage, however, the couple filed a petition for
divorce by mutual agreement in accordance with the family laws of South Korea. The
petition was granted, and a decree of divorce was accordingly issued by the family court
in South Korea. Lisa, thereafter, filed a petition for judicial recognition of foreign divorce
before the Regional Trial Court in the Philippines. The Office of the Solicitor General
(OSG) opposed the petition, arguing that the divorce decree must have been obtained
by the alien spouse. The OSG contended that since the divorce decree was obtained by
“mutual agreement” of Lisa and Hayato, it is therefore not recognizable in this
jurisdiction under Article 26, paragraph 2 of the Family Code. Is the OSG correct?
Explain.

In 2015, Vicky obtained a loan from Atty. Labadon in the amount of P800,000
with 5% interest per month, payable in one year. The contract of loan was reduced to
writing and secured by a real estate mortgage over land covered by TCT No. 115466,
registered in the name of Spouses Noel and Vicky Dela Cruz. Noel had died earlier in
2013, and was survived by Vicky and their son, Mario. The estate of Noel is not yet
settled; hence, the property subject of real estate mortgage was still registered in the
name of Spouses Dela Cruz. When Vicky failed to pay the loan as agreed, Atty.
Labadon extrajudicially foreclosed the real estate mortgage in 2017. Vicky thereafter
filed a case for declaration of nullity of the real estate mortgage, considering that she
merely co-owns the property, and argued that she could not validly mortgage the same.
Further, Vicky questioned the validity of the interest rate of 5% per month in the loan
contract for being unconscionable.

a) Is the mortgage valid?

b) Is Vicky bound to pay Atty. Labadon the 5% per month interest?

On 6 May 2020, spouses King and Queen borrowed P500,000.00 from Mr.
Directo. Upon failure of the spouses to pay, Mr. Directo filed a suit for collection of a
sum of money and the trial court rendered judgment ordering Spouses King and Queen
to pay. Upon finality of the judgment, the court issued a writ of execution and the house
and lot of the spouses was levied upon. At the execution sale, Mr. Directo emerged as
the highest bidder and a certificate of sale was issued in his favor. Thereafter,
Spouses King and Queen entered into a lease agreement over the house and lot
purchased by Mr. Directo at the execution sale. However, they failed to pay rentals for

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dissemination, sharing, uploading, downloading, and storage strictly prohibited and will be prosecuted to
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six consecutive months so Mr. Directo filed a suit for ejectment against the spouses.
The Spouses King and Queen filed a case to nullify the execution sale on the ground
that the property levied upon and sold at the execution sale to Mr. Directo is their family
home and is exempt from execution. If you were the judge, how will you decide the
case filed by King and Queen.

Cathy and Jim have been living together since 2014 and they were blessed with
a daughter, Amie.  During their cohabitation, they acquired two parcels of land in Manila
and a condominium unit in Makati.   In 2019, they decided to tie the knot, but they opted
not to execute a marriage settlement.  The parties acquired two houses after their
marriage and several personal properties, but these were purchased using only the
income of Cathy as an accountant. However, Cathy discovered in January 2020 that
Jim has a prior subsisting marriage with Czarina.   Cathy filed a suit for declaration of
nullity of her marriage and the trial court declared the marriage void for being
bigamous.   The court also ordered the liquidation and partition of their properties in
accordance with the rules on absolute community since the parties failed to execute a
marriage settlement. Was the order of the trial court correct?

Marla owned a registered parcel of land under Transfer Certificate of Title (TCT)
No. 1234. The spouses Ventanilla filed an action for specific performance over the land
against Marla. The trial court rendered judgment ordering Marla to execute an absolute
deed of sale over the land in favor of the spouses Ventanilla. In January 1991,
pursuant to the judgment, a notice of levy on execution in favor of the spouses
Ventanilla over the land covered by TCT No. 1234 was entered in the primary entry
book but was not annotated on TCT No. 1234. In May 1991, Marla sold the land to the
spouses Saberon who examined the certificate of title and found no encumbrance
thereon. A new TCT No. 5678 was issued in favor of the Saberons. The Saberons built
a house thereon. In 1992, upon learning of the transfer of title to the Saberons, the
Ventanillas forthwith filed an action to nullify the certificate of title issued in favor of the
Saberons and to demolish the house built by the Saberons.

a) May the certificate of title in the Saberons’ names be nullified? Explain.

b) May the trial court order the demolition of the house built by the Saberons?
Explain.

After visiting a lotto outlet, Mrs. CM was walking along a road. When she was at
the center of the road, attempting to go to the other side, she was hit by a 14-wheeler

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dissemination, sharing, uploading, downloading, and storage strictly prohibited and will be prosecuted to
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truck that was recklessly driven by CT while on its way to a job site. The vehicle belongs
to the employer of CT, ES Corporation (ES). CM was brought to the hospital where she
was pronounced dead. The heirs of CM demanded from ES reimbursement for the
actual expenses incurred, moral damages and attorney’s fees. The latter merely offered
financial assistance of P200,000.00 and the proceeds from the third-party liability
insurance in the amount of P100,000.00. The heirs refused the offer and insisted on
their claim. Two cases were thus filed in the court. One was a criminal case for reckless
imprudence resulting to homicide against the driver CT and the other was a complaint
for quasi-delict against ES. Can the heirs hold ES liable in the civil case even if the
criminal case is still pending?

Drew borrowed P500,000 from Pia, with Edwin acting as surety for the loan.
The loan was also secured by a real estate mortgage executed by Martin in favor of Pia.
On the maturity date, Edwin offered to pay Pia the P500,000 in cash. Pia asked Edwin if
Drew knew about Edwin’s offer to pay and Edwin replied that Drew did not know about
it.

a) Can Edwin compel Pia to accept payment from him? Explain.

b) Assuming that Pia refuses to accept Edwin’s payment, what is the recourse of
Edwin, if any? Explain.
c) Let us assume that Pia had accepted Edwin’s payment. When Edwin tried to
seek reimbursement from Drew, the latter was unable to pay because of insolvency.
May Edwin foreclose upon the mortgage executed by Martin? Explain.

10

The spouses Perez filed a complaint for quieting of title and damages against
Engr. Delson wherein the Plaintiffs alleged that they are the owners of the property
being occupied by Delson. The Perezes presented an original certificate of title (OCT)
to prove their ownership. Delson filed an answer with counterclaim wherein he
counterclaimed that the title of the Perezes should be nullified since they secured the
OCT through fraud and deceit. The spouses Perez filed a motion to dismiss the
counterclaim on the ground that the same is a collateral attack upon the title.

a) May a Torrens title be subject to a collateral attack? Explain.

b) Distinguish between a direct attack and an indirect or collateral attack on the
title.
c) Should the counterclaim be dismissed? Explain.

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 11

Father Edwin donated a parcel of land to his brother, Edgar.

a) The duly notarized deed of donation was personally handed over by Father
Edwin to Edgar, who received it with gratitude. A week after, Father Edwin flew to Kenya,
but his plane crashed over the Indian Ocean, killing him instantly. A few days after, upon
the advice of a law graduate friend, Edgar confirmed his acceptance of the donation in a
duly notarized instrument. The other siblings of Father Edwin question the effectivity of
the donation. Are they right in questioning it?
b) Supposing the effectivity and validity of the donation, and the delivery of the
land to Edgar, the donation provides that Edgar shall construct on the land “nursery and
kindergarten schools with a chapel, to be named after St. Anthony of Padua, within five
years from the date of donation” and that “violation of any of the conditions provided in
the donation shall cause the automatic reversion of the donated land to the donor or his
heirs and assigns”. The value of the schools and chapel to be constructed is at least equal to or
more than the value of the land. Edgar failed to construct what was provided in the donation. More
than five years after the deadline for the construction, the other siblings of Father Edwin
(his only heirs) filed an action for cancellation of the donation and the reversion of the
donated land to them on the ground of non-compliance with the conditions of the
donation. Edgar countered that their action has already prescribed. Should the action to
cancel the donation be dismissed?

12

A woman died leaving her husband and her seven siblings as her sole heirs. 
The husband then executed an affidavit of self-adjudication under Rule 74 of the Rules
of Court averring that he was the sole heir and causing the registration of his wife’s real
property under his sole name.  The decedent’s siblings thus filed with the RTC an action
for annulment of the affidavit and for reconveyance against the husband.  

The husband filed an answer in which he argued that the preliminary

determination of the plaintiffs’ status as legal heirs of their deceased sister in a separate
special proceeding is a prerequisite to an ordinary suit for recovery of ownership and
possession of estate property.  Is the husband’s argument meritorious?

13

Dencio was seeking to borrow money from Cocoy. In his loan application,
Dencio gave as reference his lawyer Luis. Cocoy went to Luis’s law office. Luis told
Cocoy that he can safely lend to Dencio as Dencio’s poultry business was thriving.

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dissemination, sharing, uploading, downloading, and storage strictly prohibited and will be prosecuted to
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Based on Luis’s assurance, Cocoy lent P1 million to Dencio. It turned out that Dencio’s
poultry business was in dire straits with the result that Dencio defaulted on his loan.
Cocoy sued Luis for damages alleging that Luis was negligent in not verifying the
viability of his client’s poultry business before making the assurance. Assuming that
Luis was negligent, would
Cocoy’s suit prosper?

14

Kate, a Filipina married John, an Australian national who was domiciled in the
Canada. The union was blessed with three children Joey, Jess and Jen. In 2005,
John executed a holographic will in Sydney which was not recognized as a valid
form of a will under the laws of Australia. He instituted Kate as sole heir to his estate.
Under Australian law a person may will his estate to anyone provided the instituted
heir is alive at the time of the testator’s death. The following year, John died in a
plane crash. He left an estate worth $2 million dollars. His will was presented for
probate before the Regional Trial Court of Makati. The three sons filed an
opposition to the probate on the following grounds:

a) The laws of Australia do not allow holographic wills; and

b) they were deprived of their legitimes under Philippine law. Resolve the
opposition.

15

A holographic will was presented for probate. The oppositors challenged the
validity of the will on the ground that the testator executed the same under undue
influence. The proponent presented two witnesses who know the testator’s handwriting
and signature and who explicitly declared that the will and the signature are in the
handwriting of the testator and that no undue influence was exerted upon her. The
oppositors argued that the will should not be allowed since the proponent did not
present three witnesses as provided for in Article 811 of the Civil Code.

a) Should the will be allowed? Explain.

b) Would your answer be the same if the ground of the opposition was the
forgery of the testatrix’s signature in the will? Explain.
c) What are the formal requirements for the validity of a holographic will?

16

Ambo is a chess buff who has a rare copy of the official tournament book of the
Karpov vs. Korchnoi World Chess Championship Match held in Baguio City in 1978.
Botchok, who is Ambo’s friend, borrowed the book from Ambo. However instead of

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dissemination, sharing, uploading, downloading, and storage strictly prohibited and will be prosecuted to
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returning the book, Botchok sold and delivered it for ₱50,000 to Coco, who bought the
book in good faith. Later on, Ambo discovered that the book is in the hands of Coco.

a) May Ambo recover the book from Coco?

b) Assume that instead of borrowing the book, Botchok had bought the same by
issuing a check for P50,000 to Ambo. When Ambo presented the check, it
was dishonored for having been drawn against insufficient funds. In the
meantime, Botchok sold and delivered the book for P50,000 to Coco, who
bought the book in good faith. May Ambo recover the book from Coco?

17

Portia and Dina entered into an oral contract wherein Dina agreed to the sale of
Lot 1 to Portia for the price of P2,000,000. It turned out that at the time Portia and Dina
agreed upon the sale, Dina was not the owner of Lot 1.

a) Is the contract of sale valid? Explain.

Later on, Portia asked Dina to deliver the lot to her, but Dina refused since she
had obtained a better offer from Teresa. Portia filed an action for specific performance
against Dina. Dina filed a motion to dismiss on the ground that she cannot be
compelled to perform the contract since it was not in writing.
b) If you were the judge, would you grant Dina’s motion to dismiss? Explain.
Let us say that instead of filing a motion to dismiss Dina filed an answer raising
the defense that the contract of sale was unenforceable under the Statute of Frauds.
During the trial Portia’s lawyer stated that he will present Portia for the purpose of
testifying on the oral contract of sale. After Portia had finished her direct testimony, the
lawyer for Dina moved to strike out Portia’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?
d) If you were the judge, would you sustain the motion to strike out? Explain.

18

Ric and Pol entered into an “Agreement of Purchase and Sale” wherein Ric
bound himself to deliver a deed of absolute sale and clean title covering 2 parcels of
land to Pol upon the latter’s full payment of the purchase price of P2 million. Pol paid
only a total of P497,179.51. Ric filed an action for rescission of the Agreement which
was granted by the trial court. The court ordered the setting aside of the Agreement,
ordered Pol to return the parcels of land to Ric, and ordered Ric to return the
P497,179.51 to Pol. In his appeal, Pol contends that the Agreement cannot be
rescinded since he has already paid Ric a considerable sum and has therefore
substantially complied with his obligation. Is Pol’s contention correct? Explain.

Jurists Civil Law Mock Bar Examination. © 2022 by Jurists Review Center, Inc. Unauthorized copying,
dissemination, sharing, uploading, downloading, and storage strictly prohibited and will be prosecuted to
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 -oOo-

Jurists Civil Law Mock Bar Examination. © 2022 by Jurists Review Center, Inc. Unauthorized copying,
dissemination, sharing, uploading, downloading, and storage strictly prohibited and will be prosecuted to
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