This document contains a mock bar exam with multiple choice questions and short answer questions testing knowledge of civil law. Some key points covered include: - Validity of a will signed with a thumbprint where the testator broke both arms - Rights of various parties in inheritance and estate distribution - Requirements for legal adoption and property rights - Determining legal parentage and validity of marriage - Prescription periods for legal claims and torts - Property ownership and rights regarding land titles

1. MOCK BAR EXAM CIVIL LAW
I
Clara, thinking of her mortality, drafted a will and asked Roberta, Hannah,
Luisa and Benjamin to be witnesses. During the day of the signing of her will, Clara
fell down the stairs and broke both her arms. Coming from the hospital Clara
insisted on signing her will by thumb mark and said that she can sign her full name
later. While the will was being signed, Roberta experienced a stomachache and kept
going to the restroom for long periods of time. Hannah, while waiting for her turn to
sign the will, was reading the 7th
Harry Potter book on the couch, beside the table on
which everyone was signing. Benjamin, aside from the witnessing the will, also
offered to notarize it. A week after, Clara was run over by a drunk driver while
crossing the street in Greenbelt. May the will of Clara be admitted to probate? Give
your reason briefly. (3%)
II
Write TRUE if the statement is true or FALSE if the statement is false. State
your reason briefly.
1. Roberta, a Filipino, 17 years of age, without the knowledge of his parents, can
acquire a house in Australia because Australian Laws allow aliens to acquire
property from the age of 16. (1%)
2. If a man commits several acts of sexual infidelity, particularly in 2002, 2003,
2004, 2005, the prescriptive period to file for legal separation runs from 2002. (1%)
3. An individual, while single, purchases a house and lot in 1990, and borrows
money in 1992 to repair it. In 1995, such individual gets married while the debt is
still being paid. After the marriage, the debt is still the responsibility of such
individual. (1%)
4. The day after John and Marsha got married, John old her that he was impotent.
Marsha continued to live with John for 2 years. Marsha is now estopped from filing
an annulment case against John. (1%)
5. Amor gave birth to Thelma when she was 15 years old. Thereafter, Amor met
David and they got married when she was 20 years old. David had a son, Julian, with
his ex-girlfriend Sandra. Julian and Thelma can get married. (1%)
III
For purpose of this question, assume all formalities and procedural
requirements have been complied with.

2. In 1970, Ramon and Dessa got married. Prior to their marriage, Ramon had a
child, Anna. In 1971 and 1972, Ramon and Dessa legally adopted Cherry and
Michelle, respectively. In 1973, Dessa died while giving birth to Larry. Anna had a
child, Lia. Anna never married. Cherry, on the other hand, legally adopted Shelly.
Larry had twins, Hans and Gretel, with his girlfriend, Fiona. In 2005, Anna, Larry,
and Cherry died in a car accident. In 2007, Ramon died. Who may inherit from
Ramon and who may not? Give your reasons briefly. (3%)
IV
Ed and Beth have been married for 20 years without children. Desirious to
have a baby, they consulted Dr. Jun Canlas, a prominent medical specialist on human
fertility. He advised Beth to undergo artificial insemination. It was found that Ed’s
sperm count was inadequate to induce pregnancy. Hence, the couple looked for a
willing donor. Andy, the brother of Ed, readily consented to donate his sperm. After
series of tests, Andy’s sperm was medically introduced into Beth’s ovary. She
became pregnant and 9 months later, gave birth to a baby boy named Alvin.
1. Who is the father of Alvin? Explain (2%)
2. What are the requirements, if any, in order for Ed to establish his paternity over
Alvin? (2%)
V
Gemma filed a petition for the declaration of nullity of her marriage with
Arnell on the ground of psychological incapacity. She alleged that after 2 months of
their marriage, Arnell show signs of disinterest in her, neglected her and went
abroad. He returned to the Philippines after 3 years but did not even get in touch
with her. Worse, they met several times in social functions but snubbed her. When
she got sick, he did not visit her even if he knew of her confinement in the hospital.
Meanwhile, Arnell met an accident which disabled him from reporting for work and
earning a living to support himself.
Will Gemma’s suit prosper? Explain. (2%)
VI
Alberto and Janine migrated to the United States of America, leaving behild
their 4 children, one of who is Manny. They own a duplex apartment and allowed
Manny to live in one of the units. While in the United States, Alberto died. His widow
and all his children executed an Extrajudicial Settlement of Alberto’s estate wherein
the 2-door apartment was assigned by all the children to their mother, Janine.
Subsequently, she sold the property to George. The latter required Manny to sign a
prepared Lease Contract so that he and his family could continue occupying the unit.

3. Manny refused to sign the contract alleging that his parents allowed him and his
family to continue occupying the premises.
If you were George’s counsel, what legal steps will you take? Explain. (3%)
VII
Don died after executing a Last Will and Testament leaving his estate valued
at P12-million to his common-law wife Roshelle. He is survived by his brother
Ronnie and his half-sister Michelle.
1. Was Don’s testamentary disposition of his estate in accordance with the law on
succession? Explain. (2%)
2. If Don failed to execute a will during his lifetime, as his lawyer, how will you
distribute his estate? Explain (2%)
3. Assuming he died intestate survived by his brother Ronnie, his half-sister
Michelle, and his legitimate son Jayson. How will you distribute his estate? Explain
(2%)
4. Assuming further he died intestate, survived by his father Juan, his brother
Ronnie, his half-sister Michelle, and his legitimate son Jayson, how will you
distribute his estate? (2%)
VIII
Emil, the testator, has three legitimate children. Tom, Henry and Warlito; a
wife named Adette; parents named Pepe and Pilar; an illegitimate child, Ramon;
brother, Mark; and a sister, Nanette. Since his wife Adette is well-off, he wants to
leave to his illegitimate child as much of his estate as he can legally do. His estate has
an aggregate net amount of P1,200,000.00 and all the above named relatives are still
living. Emil now comes to you for advice in making a will.
How will you distribute his estate according to his wishes without violating
the law on testamentary succession? (3%)
IX
Hans Herber, a German national, and his Filipino wife, Rhoda, are permanent
residents of Canada. They desire so much to adopt Magno, an 8 –year old orphaned
boy and baptismal godson of Rhoda. Since the accidental death of Magno’s parents
in 2004, he has been staying with his aunt who, however, could hardly afford to feed
her own family. Unfortunately, Hans and Rhoda cannot come to the Philippines to
adopt Magno although they possess all the qualifications as adoptive parents.

4. Is there a possibility for them to adopt Magno? How should they go about it?
(2%)
X
Bernie bough on installment a residential subdivision lot from DEVLAND.
After having faithfully paid the installments for 48 months, Bernie discovered that
DEVLAND had failed to develop the subdivision in accordance with the approved
plans and specifications within the time frame in the plan. He thus wrote a letter to
DEVLAND informing it that he was stopping payment. Consequently. DEVLAND
cancelled the sale and wrote Bernie, informing him that his payments are forfeited
in its favor.
A. Was the action of DEVLAND proper? Explain. (2%)
B. Discuss the rights of Bernie under the circumstances. (2%)
C. Supposing DEVLAND had fully developed the subdivision but Bernie failed to pay
further installments after 4 years due business reverses. Discuss the rights and
obligations of the parties. (2%)
XI
Rod, the owner of an FX taxi, found in his vehicle an envelope containing TCT
No. 65432 over a lot registered in Cesar’s name. Posing as Cesar, Rod forged Cesar’s
signature on a Deed of Sale in Rod’s favor. Rod registered the said document with
the Register of Deeds, and obtained a new title in his name. After a year, he sold the
lot to Don, a buyer in good faith and for value, who also registered the lot in his
name.
A. Did Rod acquire title to the land? Explain. (2%)
B. Discuss the rights of Don, if any, over the property. (2%)
C. In an ejectment case filed by Don against Cesar, can the latter ask for the
cancellation of Don’s title considering that he (Cesar) is the rightful owner of the lot?
Explain. (2%)
XII
Dr. and Mrs. Almeda are prominent citizens of the country and are frequent
travelers abroad. In 1996, they booked round-trip business class tickets for the
Manila-Hongkong-Manila route of the Pinoy Airlines, where they are holders of Gold
Mabalos Class Frequent Flier cards. On their return flight, Pinoy Airlines upgraded
their tickets to first class without their consent and, inspite of their protestations to
be allowed to remain in the business class so that they could be with their friends,
they were told that the business class was already fully booked, and that they were

5. given priority in upgrading because they are elite members/holders of Gold Mabalos
Class cards. Since they were embarrassed at the discussion with the flight
attendants, they were forced to take the flight at the first class section apart from
their friends who were in the business class. Upon their return to Manila, they
demanded a written apology from Pinoy Airlines. When it went unheeded, the
couple sued Pinoy Airlines for breach of contract claiming moral and exemplary
damages as well as attorney’s fees.
Will the action prosper? Give reasons. (3%)
XIII
A. Mr. ZY lost P100,000.00 in a card game called Russion Poker, but he had no more
cash to pay in full the winner at the time session ended. He promised to pay PX, the
winner, two weeks thereafter. But he failed to do so despite the lapse of two months,
so PX filed in court a suit to collect the amount of P50,000 that he won but remained
unpaid. Will the collection suit against ZY proper? Could Mrs. ZY file in turn a suit
against PX to recover the P100,000.00 that her husband lost? Reason. (3%)
B. TX filed a suit for ejectment against BD for non-payment of condominium rentals
amount to P150,000.00. During the pendency of the case, BD offered and TX
accepted the full amount due as rentals from BD, who then filed a motion to dismiss
the ejectment suit on the ground that the action is already extinguished.
Is BD’s contention correct? Why or why not? Reason. (3%)
XIV
A. PK and LV are HK Chinese. Their parents are no Filipino citizens who live in
Manila. While still students in MNS State, they got married although they are first
cousins. It appears that both HK and in MNS State first cousins could marry legally.
They plan to reside and set up business in the Philippines. But they have
been informed, however, that the marriage of first cousins here is considered void
from the beginning by reason of public policy. They are in dilemma. They don’t want
to break Philippine law, much less their marriage vow. They seek your advice on
whether their civil status will be adversely affected by Philippine domestic law?
What is your advice? (3%)
B. In a class suit for damages, plaintiffs claimed they suffered injuries from
torture during martial law. The suit was filed upon president EM’s arrival on exile in
HI, a U.S. state. The court in HI awarded plaintiffs the equivalent of P100 billion
under the U.S. law on alien tort claims. On appeal, EM’s Estate raised the issue of
prescription. It argued that since said U.S. law is silent on the matter, the court
should apply: (1) HI’s law setting a two-year limitation on tort claims; or (2) the

6. Philippine law which appears to require that claims for personal injury arising from
martial law be brought within one year.
Plaintiffs countered that provision of the most analogous federal statute, the
Torture Victim Protection Act, should be applied. It sets ten years as the period of
prescription. Moreover, they argued that equity could toll the statute of limitations.
For it appeared that EM had procured Constitutional amendments granting himself
and those acting under his direction immunity from suit during his tenure.
In the case, has prescription set in or not? Considering the differences in the
cited laws, which prescriptive period should be applied: one year under Philippine
law, two years under HI’s law, ten years under U.S. federal law, or non of the above?
Explain. (3%)
XV
Which of the following remedies, i.e., (a) declaration of nullity of marriage,
(b) annulment of marriage, (c) legal separation, and/or (d) separation of property,
can the aggrieved spouse avail himself/herself. Explain. (5%)
1. If the wife discovers after marriage that her husband has AIDS
2. If the wife goes (to) abroad to work as a nurse and refuses to come home after the
expiration of her three-year contract there.
3.If the husband discovers after the marriage that his wife has been a prostitute
before they got married.
4. If the husband has a serious affair with his secretary and refuses to stop
notwithstanding advice from relatives and friends.
5. If the husband beats up his wife every time he comes home drunk.
XVI
Antonio, Bart, and Carlos are brothers. They purchased from their parents
specific portions of a parcel of land as evidenced by three separate deeds of sale,
each referring to a particular lot in metes and bounds. When the deeds were
presented for registration, the Register of Deeds could not issue separate
certificated of title due to absence of subdivision plan. The new title had to be
issued, therefore, in the names of the brothers as co-owners of the entire property.
The situation has not changed up to now, but each of the brothers has been
receiving rentals exclusively from the lot actually purchased by him. Antonio sells
his lot to a third person, with notice to his brothers. To enable the buyer to secure a
new title in his name, the deed of sale was made to refer to an undivided interest in
the property of the seller (Antonio), with metes and bounds of the lot sold being

7. stated. Bart and Carlos reacted by signifying their exercise of their right of
redemption as co-owners. Antonio, in his behalf and in behalf of his buyer, contends
that they are no longer co-owners, although the title covering the property has
remained in their names as such.
May Bart and Carlos still redeem the lot sold by Antonio? Explain. (2%)
XVII
Way back in 1948, Winda’s husband sold in favor of Verde Sports Center
Corp. (Verde) a 10-hectare property belonging to their conjugal partnership. The
sale was made without Winda’s knowledge, much less consent. In 1950, Winda
learned of the sale, when she discovered the deed of sale among the documents in
her husband’s vault after his demise. Soon after, she noticed that the construction of
the sports complex had started. Upon completion of the construction in 1952, she
tried but failed to get free membership privileges in Verde.
Winda now files a suit against Verde for the annulment of the sale on the
ground that she did not consent to the sale. In answer, Verde contends that, in
accordance with the Spanish Civil Code which was then in force, the sale in 1948 of
the property did not need her concurrence. Verde contends that in any case the
action has prescribed or is barred by laches. Winda rejoins that her Torrens title
covering the property is indefeasible and imprescriptible.
Decide the case, stating your reasons for your decision. (3%)
XVIII
A van owned by Orlando and driven by Diego, while negotiating a downhill
slope of a city road, suddenly gained speed, obviously beyond the authorized limit in
the area, and bumped a car in front of it, causing severed damage to the car and
serious injuries to its passengers. Orlando was not in the car at the time of the
incident. The car owner and the injured passengers sued Orlando and Diego for
damages caused by Diego’s negligence. In their defense, Diego claims that the
downhill slope caused the van to gain speed and that, as he stepped on the brakes to
check the acceleration, the brakes locked, causing the van to go even faster and
eventually hit the car in front of it. Orlando and Diego contend that the sudden
malfunction of the van’s brake system is a fortuitous event and that, therefore, they
are exempt from any liability.
A. Is this contention tenable? Explain. (1%)
B. Does the presence of the owner inside the vehicle causing damage to a third party
affects his liability for his driver’s negligence? Explain. (2%)
XIX

8. Mike built a house on his lot in Pasay City. Two years later, a survey disclosed
that a portion of the building actually stood on the neighboring land of Jose, to the
extent of 40 square meters. Jose claims that Mike is a builder in bad faith because he
should know the boundaries of his lot, and demands that the portion of the house
which encroached on his land should be destroyed or removed. Mike replies that he
is a builder in good faith and offers to buy the land occupied by the building instead.
1. Is mike a builder in good faith or bad faith? Why? (2%)
2. Whose preference should be followed? Why? (2%)
XX
In his last will and testament, Lamberto 1) disinherits his daughter Wilman
because “she is disrespectful towards me and raises her voice talking to me”, 2)
omits entirely his spouse Elvira, 3) leaves a legacy of P100,000.00 to his mistress
Rosa and P50,000.00 to his driver Ernie and 4) institutes his son Baldo as his sole
heir. How will you distribute his estate of P1,000,000.00? (3%)