Civil Law: Bar Exams 2012 (Essay Part [3])


VIII
a) Ricky and Arlene are married. They begot Franco during their
marriage. Franco had an illicit relationship with Audrey and out of
which, they begot Arnel. Franco predeceased Ricky, Arlene and
Arnel. Before Ricky died, he executed a will which when submitted to
probate was opposed by Arnel on the ground that he should be given
the share of his father, Franco. Is the opposition of Arnel correct?
Why? (5%)
b) How can RJP distribute his estate by will, if his heirs are JCP,
his wife; HBR and .RVC, his parents; and an illegitimate child, SGO?
(5%)
IX
a) Does the right to request for the issuance of a writ of
possess1on over a foreclosed real property prescribe in five (5)
years? (5%)
b) A petition for declaration of nullity of a void marriage can only
be filed by either the husband or the wife. Do you agree? Explain
your answer. {5%)
X
a) A contract to·sell is the same as a conditional contract of sale.
Do you agree? Explain your answer. (5°/o)
b) A partner cannot demand the return of his share (contribution)
during the existence of a partnership. Do you agree? Explain your
answer. (5%)
- NOTHING FOLLOWS -
HAND IN YOUR NOTEBOOK.
!
THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE
TO THE HEAD WATCHER.
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