61. X bought a land from Y, paying him cash. Since they were
friends, they did
not execute any document of sale. After 7 years, the heirs
of X asked Y to
execute a deed of absolute sale to formalize the verbal sale
to their father.
Unwilling to do so, X’s heirs filed an action for specific
performance against Y.
Will their action prosper?
A. No, after more than 6 years, the action to enforce the
verbal agreement has
already elapsed.
B. No, since the sale cannot under the Statute of Frauds be
enforced.
C. Yes, since X bought the land and paid Y for it.
D. Yes, after full payment, the action became
imprescriptible.
62. A court declared Ricardo, an old bachelor, an absentee
and appointed Cicero
Page 13 of 22Bar Examination Questionnaire for Civil Law
Set A
administrator of his property. After a year, it was
discovered that Ricardo had
died abroad. What is the effect of the fact of his death on
the administration of
his property?
A. With Ricardo no longer an absentee but a deceased person,
Cicero will cease
to be administrator of his properties.
B. The administration shall be given by the court having
jurisdiction over the
intestate proceedings to a new administrator whom it will
appoint.
C. Cicero automatically becomes administrator of Ricardo’s
estate until judicially
relieved.
D. Cicero’s alienations of Ricardo's property will be set
aside.
63. Baldo, a rejected suitor, intimidated Judy into marrying
him. While she
wanted to question the validity of their marriage two years
after the intimidation
ceased, Judy decided in the meantime to freely cohabit with
Baldo. After more
than 5 years following their wedding, Judy wants to file a
case for annulment of
marriage against Baldo on ground of lack of consent. Will
her action prosper?
A. Yes, the action for annulment is imprescriptible.
B. No, since the marriage was merely voidable and Judy
ratified it by freely
cohabiting with Baldo after the force and intimidation had
ceased .
C. No, since the action prescribed 5 years from the date of
the celebration of the
marriage.
D. Yes, because the marriage was celebrated without Judy's
consent freely
given.
64. Is the wife who leaves her husband without just cause
entitled to support?
A. No, because the wife must always be submissive and
respectful to the
husband.
B. Yes. The marriage not having been dissolved, the husband
continues to have
an obligation to support his wife.
C. No, because in leaving the conjugal home without just
cause, she forfeits her
right to support.
D. Yes, since the right to receive support is not subject to
any condition.
65. In the order of intestate succession where the decedent
is legitimate, who is
the last intestate heirs or heir who will inherit if all
heirs in the higher level are
disqualified or unable to inherit?
A. Nephews and nieces.
B. Brothers and sisters.
C. State.
D. Other collateral relatives up to the 5th degree of
consanguinity.
66. Roy and Carlos both undertook a contract to deliver to
Sam in Manila a boat
docked in Subic. Before they could deliver it, however, the
boat sank in a storm.
The contract provides that fortuitous event shall not exempt
Roy and Carlos from
their obligation. Owing to the loss of the motor boat, such
obligation is deemed
converted into one of indemnity for damages. Is the
liability of Roy and Carlos
joint or solidary?
Page 14 of 22Bar Examination Questionnaire for Civil Law
Set A
A. Neither solidary nor joint since they cannot waive the
defense of fortuitous
event to which they are entitled.
B. Solidary or joint upon the discretion of Sam.
C. Solidary since Roy and Carlos failed to perform their
obligation to deliver the
motor boat.
D. Joint since the conversion of their liability to one of
indemnity for damages
made it joint.
hard work, he and his wife Joane prospered. When James died,
his estate alone
amounted to P100 million. If, in his will, James designates
Joanne as his only
heir, what will be the free portion of his estate.
A. Joanne gets all; estate has no free portion left.
B. Joanne gets 1/2; the other half is free portion.
C. Joanne gets 1/3; the remaining 2/3 is free portion.
D. Joanne gets 1/4; the remaining 3/4 is free portion.
68. A warranty inherent in a contract of sale, whether or
not mentioned in it, is
known as the
A. warranty on quality.
B. warranty against hidden defects.
C. warranty against eviction.
D. warranty in merchantability.
69. The doctrine of stare decisis prescribes adherence to
precedents in order to
promote the stability of the law. But the doctrine can be
abandoned
A. When adherence to it would result in the Government’s
loss of its case.
B. When the application of the doctrine would cause great
prejudice to a foreign
national.
C. When necessary to promote the passage of a new law.
D. When the precedent has ceased to be beneficial and
useful.
70. Ric and Josie, Filipinos, have been sweethearts for 5
years. While working in
a European country where the execution of joint wills are
allowed, the two of
them executed a joint holographic will where they named each
other as sole heir
of the other in case either of them dies. Unfortunately, Ric
died a year later. Can
Josie have the joint will successfully probated in the
Philippines?
A. Yes, in the highest interest of comity of nations and to
honor the wishes of the
deceased.
B. No, since Philippine law prohibits the execution of joint
wills and such law is
binding on Ric and Josie even abroad.
C. Yes, since they executed their joint will out of mutual
love and care, values
that the generally accepted principles of international law
accepts.
D. Yes, since it is valid in the country where it was
executed, applying the
principle of “lex loci celebrationis.”
71. ML inherited from his father P5 million in legitime but
he waived it in a public
instrument in favor of his sister QY who accepted the waiver
in writing. But as it
Page 15 of 22Bar Examination Questionnaire for Civil Law
Set A
happened, ML borrowed P6 million from PF before the waiver.
PF objected to
the waiver and filed an action for its rescission on the
ground that he had the
right to ML’s P5 million legitime as partial settlement of
what ML owed him since
ML has proved to be insolvent. Does PF, as creditor, have
the right to rescind the
waiver?
A. No, because the waiver in favor of his sister QY amounts
to a donation and
she already accepted it.
B. Yes, because the waiver is prejudicial to the interest of
a third person whose
interest is recognized by law.
C. No, PF must wait for ML to become solvent and,
thereafter, sue him for the
unpaid loan.
D. Yes, because a legitime cannot be waived in favor of a
specific heir; it must be
divided among all the other heirs.
72. While engaged to be married, Arnold and Josephine agreed
in a public
instrument to adopt out the economic regime of absolute
community of property.
Arnold acknowledged in the same instrument that Josephine’s
daughter Mary, is
his illegitimate child. But Josephine died before the
marriage could take place.
Does the marriage settlement have any significance?
A. None, since the instrument containing the marriage
settlement is essentially
void for containing an unrelated matter.
B. Yes, insofar as Arnold acknowledged Mary as his
illegitimate child.
C. None, since the marriage did not take place.
D. Yes, if they acquired properties while living together as
husband and wife.
73. Joseph, a 17-year old Filipino, married Jenny, a 21-year
old American in
Illinois, USA, where the marriage was valid. Their parents
gave full consent to
the marriage of their children. After three years, Joseph
filed a petition in the
USA to promptly divorce Jenny and this was granted. When
Joseph turned 25
years, he returned to the Philippines and married Leonora.
What is the status of
this second marriage?
A. Void, because he did not cause the judicial issuance of
declaration of the
nullity of his first marriage to Jenny before marrying
Leonora.
B. Valid, because Joseph's marriage to Jenny is void, he
being only 17 years of
age when he married her.
C. Valid, because his marriage to Leonora has all the
elements of a valid
marriage.
D. Void, because Joseph is still considered married to Jenny
since the
Philippines does not recognize divorce.
74. T died intestate, leaving an estate of P9,000,000. He left
as heirs three
legitimate children, namely, A, B, and C. A has two
children, D and E. Before he
died, A irrevocably repudiated his inheritance from T in a
public instrument filed
with the court. How much, if any, will D and E, as A’s
children, get from T’s
estate?
A. Each of D and E will get P1,500,000 by right of
representation since their
father repudiated his inheritance.
B. Each of D and E will get P2,225,000 because they will
inherit from the estate
Page 16 of 22Bar Examination Questionnaire for Civil Law
Set A
equally with B and C.
C. D and E will get none because of the repudiation; “B” and
“C” will get A’s share
by right of accretion.
D. Each of D and E will get P2,000,000 because the law gives
them some
advantage due to the demise of “A”.
75. No decree of legal separation can be issued
A. unless the children’s welfare is attended to first.
B. without prior efforts at reconciliation shown to be
futile.
C. unless the court first directs mediation of the parties.
D. without prior investigation conducted by a public
prosecutor.
76. X, who was abroad, phoned his brother, Y, authorizing
him to sell X’s parcel
of land in Pasay. X sent the title to Y by courier service.
Acting for his brother, Y
executed a notarized deed of absolute sale of the land to Z
after receiving
payment. What is the status of the sale?
A. Valid, since a notarized deed of absolute sale covered
the transaction and full
payment was made.
B. Void, since X should have authorized agent Y in writing
to sell the land.
C. Valid, since Y was truly his brother X’s agent and
entrusted with the title
needed to effect the sale.
D. Valid, since the buyer could file an action to compel X
to execute a deed of
sale.
77. In a true pacto de retro sale, the title and ownership
of the property sold are
immediately vested in the vendee a retro subject only to the
resolutory condition
of repurchase by the vendor a retro within the stipulated
period. This is known as
A. equitable mortgage.
B. conventional redemption.
C. legal redemption.
D. equity of redemption.
78. A natural obligation under the New Civil Code of the
Philippines is one which
A. the obligor has a moral obligation to do, otherwise
entitling the obligee to
damages.
B. refers to an obligation in writing to do or not to do.
C. the obligee may enforce through the court if violated by
the obligor.
D. cannot be judicially enforced but authorizes the obligee
to retain the obligor’s
payment or performance.
79. The husband assumed sole administration of the family’s
mango plantation
since his wife worked abroad. Subsequently, without his
wife’s knowledge, the
husband entered into an antichretic transaction with a
company, giving it
possession and management of the plantation with power to
harvest and sell the
fruits and to apply the proceeds to the payment of a loan he
got. What is the
standing of the contract?
A. It is void in the absence of the wife’s consent.
Page 17 of 22Bar Examination Questionnaire for Civil Law
Set A
B. It is void absent an authorization from the court.
C. The transaction is void and can neither be ratified by
the wife nor authorized
by the court.
D. It is considered a continuing offer by the parties,
perfected only upon the wife’s
acceptance or the court’s authorization.
80. When the donor gives donations without reserving
sufficient funds for his
support or for the support of his dependents, his donations
are
A. Rescissible, since it results in economic lesion of more
than 25% of the value
of his properties.
B. Voidable, since his consent to the donation is vitiated
by mindless kindness.
C. Void, since it amounts to wanton expenditure beyond his
means.
D. Reducible to the extent that the donations impaired the
support due to himself
and his dependents.
81. Anne owed Bessy P1 million due on October 1, 2011 but
failed to pay her on
due date. Bessy sent a demand letter to Anne giving her 5
days from receipt
within which to pay. Two days after receipt of the letter,
Anne personally offered
to pay Bessy in manager's check but the latter refused to
accept the same. The
5 days lapsed. May Anne’s obligation be considered
extinguished?
A. Yes, since Bessy’s refusal of the manager’s check, which
is presumed funded,
amounts to a satisfaction of the obligation.
B. No, since tender of payment even in cash, if refused,
will not discharge the
obligation without proper consignation in court.
C. Yes, since Anne tendered payment of the full amount due.
D. No, since a manager’s check is not considered legal
tender in the Philippines.
82. The residents of a subdivision have been using an open
strip of land as
passage to the highway for over 30 years. The owner of that
land decided,
however, to close it in preparation for building his house
on it. The residents
protested, claiming that they became owners of the land
through acquisitive
prescription, having been in possession of the same in the
concept of owners,
publicly, peacefully, and continuously for more than 30
years. Is this claim
correct?
A. No, the residents have not been in continuous possession
of the land since
they merely passed through it in going to the highway.
B. No, the owner did not abandon his right to the property;
he merely tolerated
his neighbors’ use of it for passage.
C. Yes, residents of the subdivision have become owners by
acquisitive
prescription.
D. Yes, community ownership by prescription prevails over
private claims.
83. The owner of a thing cannot use it in a way that will
injure the right of a third
person. Thus, every building or land is subject to the
easement which prohibits its
proprietor or possessor from committing nuisance like noise,
jarring, offensive
odor, and smoke. This principle is known as
A. Jus vindicandi.
B. Sic utere tuo ut alienum non laedas.
Page 18 of 22Bar Examination Questionnaire for Civil Law
Set A
C. Jus dispondendi.
D. Jus abutendi.
84. Janice and Jennifer are sisters. Janice sued Jennifer
and Laura, Jennifer’s
business partner for recovery of property with damages. The
complaint did not
allege that Janice exerted earnest efforts to come to a
compromise with the
defendants and that such efforts failed. The judge dismissed
the complaint
outright for failure to comply with a condition precedent.
Is the dismissal in
order?
A. No, since Laura is a stranger to the sisters, Janice has
no moral obligation to
settle with her.
B. Yes, since court should promote amicable settlement among
relatives.
C. Yes, since members of the same family, as parties to the
suit, are required to
exert earnest efforts to settle their disputes before coming
to court.
D. No, the family council, which would ordinarily mediate
the dispute, has been
eliminated under the Family Code.
85. X borrowed money from a bank, secured by a mortgage on
the land of Y, his
close friend. When the loan matured, Y offered to pay the
bank but it refused
since Y was not the borrower. Is the bank’s action correct?
A. Yes, since X, the true borrower, did not give his consent
to Y’s offer to pay.
B. No, since anybody can discharge X’s obligation to his
benefit.
C. No, since Y, the owner of the collateral, has an interest
in the payment of the
obligation.
D. Yes, since it was X who has an obligation to the bank.
86. The right of a mortgagor in a judicial foreclosure to
redeem the mortgaged
property after his default in the performance of the
conditions of the mortgage but
before the sale of the mortgaged property or confirmation of
the sale by the court,
is known as
A. accion publiciana.
B. equity of redemption.
C. pacto de retro.
D. right of redemption.
87. When does the regime of conjugal partnership of gains
begin to exist?
A. At the moment the parties take and declare each other as
husband and wife
before officiating officer.
B. At the time the spouses acquire properties through joint
efforts.
C. On the date the future spouses executed their marriage
settlements because
this is the starting point of their marital relationship.
D. On the date agreed upon by the future spouses in their
marriage settlements
since their agreement is the law between them.
88. Josie, 18, married Dante, 25, without her parents’
knowledge and consent,
and lived with him. After a year, Josie returned to her
parents’ home, complained
of the unbearable battering she was getting from Dante, and
expressed a desire
to have her marriage with him annulled. Who may bring the
action?
Page 19 of 22Bar Examination Questionnaire for Civil Law
Set A
A. Dante.
B. Her parents.
C. Josie herself.
D. The State.
89. X, a married man, cohabited with Y, an unmarried woman.
Their relation bore
them BB, a baby boy. Subsequently, after X became a widower,
he married Y.
Was BB legitimated by that marriage?
A. Yes, since his parents are now lawfully married.
B. Yes, since he is an innocent party and the marriage
rectified the wrong done
him.
C. No, since once illegitimate, a child shall always remain
illegitimate.
D. No, since his parents were not qualified to marry each
other when he was
conceived.
90. The presence of a vice of consent vitiates the consent
of a party in a contract
and this renders the contract
A. Rescissible.
B. Unenforceable.
C. Voidable.
D. Void.
91. Can common-law spouses donate properties of substantial
value to one
another?
A. No, they are only allowed to give moderate gifts to each
other during family
rejoicing.
B. No, they cannot give anything of value to each other to
prevent placing their
legitimate relatives at a disadvantage.
C. Yes, unlike the case of legally married spouses, such
donations are not
prohibited.
D. Yes, as long as they leave sufficient property for
themselves and for their
dependents.
92. X owed Y P1.5 million. In his will, X gave Y legacy of
P1 million but the will
provided that this legacy is to be set off against the P1.5
million X owed Y. After
the set off, X still owed Y P500,000. Can Y still collect
this amount?
A. Yes, because the designation of Y as legatee created a
new and separate
juridical relationship between them, that of
testator-legatee.
B. It depends upon the discretion of the probate court if a
claim is filed in the
testate proceedings.
C. No, because the intention of the testator in giving the
legacy is to abrogate his
entire obligation to Y.
D. No, because X had no instruction in his will to deliver
more than the legacy of
P1 million to Y.
93. Josie owned a lot worth P5 million prior to her marriage
to Rey.
Subsequently, their conjugal partnership spent P3 million
for the construction of a
Page 20 of 22Bar Examination Questionnaire for Civil Law
Set A
house on the lot. The construction resulted in an increase
in the value of the
house and lot to P9 million. Who owns the house and the lot?
A. Josie and the conjugal partnership of gains will own both
on a 50-50 basis.
B. Josie will own both since the value of the house and the
increase in the
property’s value is less than her lot’s value; but she is to
reimburse conjugal
partnership expenses.
C. Josie still owns the lot, it being her exclusive
property, but the house belongs
to the conjugal partnership.
D. The house and lot shall both belong to the conjugal
partnership, with Josie
entitled to reimbursement for the value of the lot.
94. An action for reconveyance of a registered piece of land
may be brought
against the owner appearing on the title based on a claim
that the latter merely
holds such title in trust for the plaintiff. The action
prescribes, however, within 10
years from the registration of the deed or the date of the
issuance of the
certificate of title of the property as long as the trust
had not been repudiated.
What is the exception to this 10-year prescriptive period?
A. When the plaintiff had no notice of the deed or the
issuance of the certificate
of title.
B. When the title holder concealed the matter from the
plaintiff.
C. When fortuitous circumstances prevented the plaintiff
from filing the case
sooner.
D. When the plaintiff is in possession of the property.
95. Conrad and Linda, both 20 years old, applied for a
marriage license, making
it appear that they were over 25. They married without their
parents’ knowledge
before an unsuspecting judge. After the couple has been in
cohabitation for 6
years, Linda’s parents filed an action to annul the marriage
on ground of lack of
parental consent. Will the case prosper?
A. No, since only the couple can question the validity of
their marriage after they
became 21 of age; their cohabitation also convalidated the
marriage.
B. No, since Linda’s parents made no allegations that
earnest efforts have been
made to come to a compromise with Conrad and Linda and which
efforts failed.
C. Yes, since the marriage is voidable, the couple being
below 21 years of age
when they married.
D. Yes, since Linda’s parents never gave their consent to
the marriage.
96. Pepito executed a will that he and 3 attesting witnesses
signed following the
formalities of law, except that the Notary Public failed to
come. Two days later,
the Notary Public notarized the will in his law office where
all signatories to the
will acknowledged that the testator signed the will in the
presence of the
witnesses and that the latter themselves signed the will in
the presence of the
testator and of one another. Was the will validly notarized?
A. No, since it was not notarized on the occasion when the
signatories affixed
their signatures on the will.
B. Yes, since the Notary Public has to be present only when
the signatories
acknowledged the acts required of them in relation to the
will.
C. Yes, but the defect in the mere notarization of the will
is not fatal to its
Page 21 of 22Bar Examination Questionnaire for Civil Law
Set A
execution.
D. No, since the notary public did not require the
signatories to sign their
respective attestations again.
97. Venecio and Ester lived as common-law spouses since both
have been
married to other persons from whom they had been separated
in fact for several
years. Hardworking and bright, each earned incomes from
their respective
professions and enterprises. What is the nature of their
incomes?
A. Conjugal since they earned the same while living as
husband and wife.
B. Separate since their property relations with their legal
spouses are still
subsisting.
C. Co-ownership since they agreed to work for their mutual
benefit.
D. Communal since they earned the same as common-law
spouses.
98. What is the prescriptive period for filing an action for
revocation of a donation
based on acts of ingratitude of the donee?
A. 5 years from the perfection of the donation.
B. 1 year from the perfection of the donation.
C. 4 years from the perfection of the donation.
D. Such action does not prescribe.
99. Before Karen married Karl, she inherited P5 million from
her deceased
mother which amount she brought into the marriage. She later
used part of the
money to buy a new Mercedes Benz in her name, which Karen
and her husband
used as a family car. Is the car a conjugal or Karen’s
exclusive property?
A. It is conjugal property since the spouses use it as a
family car.
B. It is Karen’s exclusive property since it is in her name.
C. It is conjugal property having been bought during the
marriage.
D. It is Karen’s exclusive property since she bought it with
her own money.
100. Because of X’s gross negligence, Y suffered injuries
that resulted in the
abortion of the foetus she carried. Y sued X for, among
other damages, P1
million for the death of a family member. Is Y entitled to
indemnity for the death
of the foetus she carried?
A. Yes, since the foetus is already regarded as a child from
conception, though
unborn.
B. No, since X’s would not have known that the accident
would result in Y’s
abortion.
C. No, since birth determines personality, the accident did
not result in the death
of a person.
D. Yes, since the mother believed in her heart that she lost
a child.
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