The following questionnaire consists of ten (10) questions
(numbered I to X) contained in FIVE (5) pages.
Begin your answer to each numbered question on a separate
page;
an answer to a sub-question/s under the same number may be
written continuously on the same page and succeeding pages
until
completed.
Answer the question directly and concisely. Do not repeat
the
question. Write legibly.
HAND IN YOUR NOTEBOOK. THERE IS NO NEED TO
RETURN THIS QUESTIONNAIRE TO THE HEAD WATCHER.
GOOD LUCK!!!
,JR.
Chairpers ________ ____
2012 Bar Examinations Committee
PLEASE CHECK THAT THIS SET CONTAINS SIX (6) PAGES
(INCLUDING THIS PAGE).
WARNING: NOT FOR SALE OR UNAUTHORIZED USE I civil Law Page 2
of6J
I
a) Roberto was in Nikko Hotel when he bumped into a friend
who
was then on her way to a ·wedding reception being held in
said hotel.
Roberto alleged that he was then invited by his friend to
join her at
the wedding reception and carried the basket full of fruits
which she
was bringing to the affair. At the reception, the wedding
coordinator
of the hotel noticed him and asked him,· allegedly in a loud
voice, to
leave as he was not in the guest list. He retorted that he
had been
invited to the affair by his friend, who however denied
doing so.
Deeply embarrassed by the incident, Roberto then sued the
hotel for
damages Articles 19 and 21 of the Civil Code. Will Roberto's
action prosper'? Explain. (5%) . .
b) Ricky donated P1 Million to the unborn child of his
pregnant
girlfriend, which she accepted. After six {6) months of
pregnancy, the
fetus was born and baptized as Angela. However, Angela died
20
hours after birth. Ricky sought to recover the P1 Million.
Is Ricky
entitled to recover? Explain. (5°/o)
II
a) Liwayway Vinzons-Chato was then the Commissioner of
Internal Revenue while Fortune Tobacco Corporation is an
entity
engaged in the manufacture of different brands of
cigarettes, among
which are "Champion," "Hope," and "More"
cigarettes.
Fortune 1 filed a complaint against Vinzons-Chato to recover
damages for the alleged violation of its constitutional
rights arising
from Vinzons-Chato's issuance of Revenue Memorandum Circular
No. 37-934 (which re-classified Fortune cigarettes as
locally
manufactured with foreign brands and thereby imposed higher
taxes),
which the Court later declared invalid.
Vinzons-Chato filed a Motion to Dismiss arguing ·that she
canndt be held liable for damages for acts she performed
while in the
discharge of her duties as BIR Commissioner. Is she correct?
Explain. (5°/o)
b) The petitioner filed a petition for declaration of
nullity of
marriage based allegedly on the psychological incapacity of
the
respondent, but the psychologist was not able to personally
examine
the respondent and the psychological report was based only
on the
narration of petitioner. Should the annulment be granted?
Explain.
{5°/o) I fcivil Law Page 3 of 61
Ill
a) Maria, wife of Pedro, withdrew P5 Million from their
conjugal
funds. With this money, she constructed a building on a lot
which she
ir)herited from her father. Is the building conjugal or
paraphernal?
Reasons. (5%)
b) Cipriano and Lady Mires married each other. Lady Mires
then
left for the US and there, she obtained American
citizenship. Cipriano
I
later learned all about this including the fact that Lady
Mires had
divorced him in America and that she had remarried there. He
then
filed a petition for authority to remarry, invoking Par. 2,
Art. 26 of the
Family Code. Is Cipriano capacitated to re-marry by virtue
of the
divorce decree obtained by his Filipino spouse who was later
naturalized as an American citizen? Explain. (5°/o)
IV
a) After they got married, Nikki discovered that Christian
was
having an affair with another woman. But Nikki decided to
give it a try
and lived with him for two (2) years. After two (2) years,
Nikki filed an
action for legal separation on the ground of Christian's
sexual
infidelity. Will the action prosper? Explain.. (5°/o)
b) Honorato filed a petition to adopt his minor illegitimate
child
Stephanie, alleging that Stephanie's mother is Gemma Astorga
Garcia; that Stephanie has been using her mother's middle
name and
and that he is now a widower and qualified to be her
adopting parent. He prayed that Stephanie's middle name be
changed from "Astorga" to "Garcia,"
which is her mother's surname
and that her surname "Garcia" be changed to
"Catindig," which is his
surname. This the trial court denied. Was the trial court
correct in
denying Honorato's request for Stephanie's use of her
mother's
surname as h¢r middle name? Explain. (5%)