The Law Pertaining to Private Personal and Commercial Relations PDF

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Republic of the PhilippinesSupreme CourtManila2020/21 BAR EXAMINATIONSTHE LAW PERTAINING TO PRIVATE, PERSONAL,AND COMMERCIAL RELATIONSFEBRUARY 6, 2022 8:00 A. to 12:00 NNINSTRUCTIONSThis is a 4-hour examination consisting of 18 problems. Each of the problems is worth 5 points.As earlier announced in...

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Republic of the Philippines Supreme Court Manila

2020/21 BAR EXAMINATIONS THE LAW PERTAINING TO PRIVATE, PERSONAL, AND COMMERCIAL RELATIONS

FEBRUARY 6, 2022

8:00 A.M. to 12:00 NN INSTRUCTIONS

This is a 4-hour examination consisting of 18 problems. Each of the problems is worth 5 points. As earlier announced in Bar Bulletin No. 31, of the 18 problems, the first 12 problems are on Civil Law, followed by 6 problems on Commercial Law. All the problems will first require a "Yes" or "No" answer, followed by a concise legal explanation. You are highly encouraged to read the question in the problem first before reading the entire problem. Do not type your final answer in the notes box, which is only placed as a tool if you want to use it. Any answer written in the notes box will not be included in your final answer. Allocate your time efficiently, since the software allows you to skip problems. Feel free to first answer questions you find relatively easier than the others. You may return to the more difficult questions initially left unanswered. Use the Flag feature so that you remember which items to return to. Do not leave distinguishing marks in any of your answers. Do not write a mantra, motto, prayer to deities or saints, special plea addressed to the examiner or the Bar Chairperson, or any other such extraneous text. Leaving any distinguishing mark is classified as cheating and can disqualify you from the whole Bar Examinations. Technical issues during the exam are rare, but if you experience one, do not panic. Do not attempt to submit your exam answers. Call the attention of your proctor for assistance. If you need to step out of the room, use the Hide Screen feature to prevent anyone from seeing your answers.

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You have until 12:00 noon to finish the exam. Make sure you have answered everything and reviewed your answers before then. When submitting, the system will ask you one more time to confirm if you are ready to submit your answer file, giving you another opportunity to review your answers. Once done, show your proctor the green screen confirming your submission. If the green screen does not appear, check with your proctor before leaving the room. Always keep in mind your obligations under the Honor Code. When you hurdle the Bar Examinations, do not forget to serve the people. Always remember: honor and excellence. All the women and men who have made the Bar Examinations possible despite the pandemic and other challenges wish you: All the best!

MARVIC M.V.F. LEONEN Associate Justice and Chairperson, 2020/21 Bar Examinations

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1.

A couple executes a prenuptial agreement which principally provides that their marriage shall be valid for only five years but that it can be renewed through mutual consent negotiated at least six months before its expiration. Is this contract valid? Explain briefly.

2.

A corporation which owns a hospital was sued along with a physician for medical malpractice. The corporation moved to dismiss the case, arguing that it was only the physician, as the natural person, who could be the subject of any kind of suit. In other words, the corporation argued that it was not a legal person. Is the position of the corporation owning the hospital legally tenable? Explain briefly.

3.

A wife was able to validly obtain a judicial declaration of her husband's presumptive death after he had disappeared for 10 years. She then remarried in accordance with law. To her surprise, a few years after her remarriage, her first husband reappeared. Does the first husband's reappearance automatically, without need of any further act, terminate the second marriage? Explain briefly.

4.

Two college sweethearts were married inside a Roman Catholic church in the Philippines with a Supreme Court Justice serving as solemnizing officer. A few years following the ceremony, one of the two filed an action for the declaration of nullity of marriage on the ground that the marriage was void ab initio because it was solemnized inside a Roman Catholic church by a Supreme Court Justice, and not by a Roman Catholic priest. Is the position legally tenable? Explain briefly.

5.

A 12-year-old seventh grade student living in the company of their parents brought a gun owned by the father to school. With it, the student shot a classmate who had been a bully. The student missed, sparing the bully. The bully's parents, incensed by the event, sued the parents of the 12-year-old seventh grade student for damages.

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The defendant parents moved to dismiss the suit, claiming that they could never be held liable for damages since they did not shoot the bully themselves. Should the motion to dismiss be granted on this ground? Explain briefly.

6.

A 100-year-old tree inside a university was uprooted by strong winds caused by a super typhoon. This was despite the university's prior efforts to maintain the strength of the tree's roots. The tree was blown away until it hit a nearby fast-food restaurant where a Bar candidate was reviewing for the Bar Examinations. The Bar candidate, who was then the only person dining inside the fast-food restaurant, suffered physical injuries. The super typhoon was enabled by climate change. Can the university be held liable for the physical injuries suffered by the Bar candidate? Explain briefly.

7.

Four siblings co-own a two-hectare, commercially viable property located next to a major road. The siblings have equal shares but none of them have exerted any effort to partition the property. A large retail conglomerate then offered to purchase the entire property. Three of the siblings were willing to sell, but one refused, wanting to hold on to the land in memory of their departed parents. The three willing siblings proceeded to sell their respective shares in the property to the large retail conglomerate. After the sale, the conglomerate filed a case in court to partition the property. Should the court allow the partition? Explain briefly.

8.

Believing that a parcel of land was public land, a farmer built a two-story concrete house on it. Five years later, a person showed up bearing an original certificate of title over the lot which had been registered for more than 10 years. The person asked the farmer to vacate the parcel of land. The farmer refused to vacate unless the titled owner pays the fair market value of the house built on the parcel of land.

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