Friday, February 6, 2009

Philippine bar exam questions 2007 (Civil Q10)

X. (10%)

For purposes of this question, assume all formalities and procedural requirements have been complied with. 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.

Philippine bar exam questions 2007 (Civil Q9)

IX. Multiple choice: Choose the right answer. (2% each)

1. The parties to a bailment are the: a.) bailor; b.) bailee; c.) comodatario; d.) all the above; 5. letters a and b

2. A deposit made in compliance with a legal obligation is: a) an extrajudicial deposit; b) a voluntary deposit; c.) a necessary deposit; d). a deposit with a warehouseman; e) letters a and b

3. A contract of antichresis is always: a). a written contract; b) a contract, with a stipulation that the debt will be paid through receipt of the fruits of an immovable; c) Involves the payment of interests, if owing; d.) All of the above; e) Letters a and b

4. An, assignee in a proceeding under the Insolvency Law does not have the duty of: a.) suing to recover the properties of the state of the insolvent debtor; b) selling property of the insolvent debtor; c) ensuring that a debtor corporation operate the business efficiently and effectively while the proceedings are pending; d.) collecting and discharging debts owed to the insolvent debtor.

5.In order to obtain approval of the proposed settlement of the debtor in an insolvency proceeding. a.) the court must initiate the proposal b). 2/3 of the number of creditors should agree to the settlement; c.) 3/5 of the number of creditors should agree to the settlement; d) 1/3 of the total debts must be represented by the approving creditors; e.) Letters a and b