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.
Friday, February 6, 2009
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
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
Philippine bar exam questions 2007 (Civil Q8)
VIII. (10%)
In 1986, Jennifer and Brad were madly in love. In 1989, because a certain Picasso painting reminded Brad of her, Jennifer acquired it and placed it in his bedroom. In 1990, Brad and Jennifer broke up. While Brad was mending his broken heart, he met Angie and fell in love. Because the Picasso painting reminded Angie of him, Brad in his will bequeathed the painting to Angie. Brad died in 1995. Saddened by Brad’s death, Jennifer asked for the Picasso painting as a remembrance of him. Angie refused and claimed that Brad, in his will, bequeathed the painting to her. Is Angie correct? Why or why not?
Philippine bar exam questions 2007 (Civil Q7)
VII. Write "TRUE" if the statement is true or "FALSE" if the statement is false. If the statement is FALSE, state the reason. (2% each).
1. Roberta, a Filipino, 17 years of age, without the knowledge of his parents, can acquire a house in Australia because Australian Laws allow aliens to acquire property from the age of 16.
2. If a man commits several acts of sexual infidelity, particularly in 2002, 2003, 2004, 2005, the prescriptive period to file for legal separation runs from 2002.
3. An individual, While single, purchases a house and lot in 1990 and borrows money in 1992 to repair it. In 1995, such individual gets married while the debt is still being paid. After the marriage, the debt is still the responsibility of such individual.
4. The day after John and Marsha got married, John told her that he was impotent. Marsha continued to live with John for 2 years. Marsha is now estopped from filing an annulment case against John.
5. Amor gave birth to Thelma when she was 15 years old. Thereafter, Amor met David and they got married when she was 20 years old. David had a son, Julian, with his ex-girlfriend Sandra. Julian and Thelma can get married.
Philippine bar exam questions 2007 (Civil Q6)
VI. (10%)
Clara, thinking of her mortality, drafted a will and asked Roberta, Hannah, Luisa and Benjamin to be witnesses. During the day of the signing of her will, Clara fell down the stairs and broke both her arms. Coming from the hospital, Clara insisted on signing her will by thumb mark and said that she can sign her full name later. While the will was being signed, Roberta experienced a stomach ache and kept going to the restroom for long periods of time. Hannah, while waiting for her turn to sign the will, was reading the 7th Harry Potter book on the couch, beside the table on which everyone was signing. Benjamin, aside from witnessing the will, also offered to notarize it. A week after, Clara was run over by a drunk driver while crossing the street in Greenbelt. May the will of Clara be admitted to probate? Give your reasons briefly.
Philippine bar exam questions 2007 (Civil Q5)
V. (10%)
What are obligations without an agreement"? Give five examples of situations giving rise to this type of obligations?
What are obligations without an agreement"? Give five examples of situations giving rise to this type of obligations?
Philippine bar exam questions 2007 (Civil Q4)
IV. (10%)
Bedrock Land & Property Development Corp. is a development company engaged in developing and selling subdivisions, condominium units and industrial estates. In order to replenish its inventories, it embarked on an aggressive land banking program. It employed "scouts" who roam all over the Philippines to look for and conduct investigations on prospective sites for acquisition and development, whether developed, semi-developed or raw land. The management of Bedrock asks you as the company counsel to prepare a manual containing a summary of the pertinent laws and regulations relating to land registration and acquisition of title to land. The manual should include the following items:
1. What is the governing law?
2. What properties are not registrable? Supply this information.
Philippine bar exam questions 2007 (Civil Q3)
III. Explain the following concepts and doctrines and give an example of each:
1. concept of trust de son tort (constructive trust) (5%)
2. doctrine of discovered peril (last clear chance) (5%)
1. concept of trust de son tort (constructive trust) (5%)
2. doctrine of discovered peril (last clear chance) (5%)
Philippine bar exam questions 2007 (Civil Q2)
II. (10%)
Manila Petroleum Co. owned and operated a petroleum operation facility off the coast of Manila. The facility was located on a floating platform made of wood and metal, upon which was permanently attached the heavy equipment for the petroleum operations and living quarters of the crew. The floating platform likewise contained a garden area, where trees, plants and flowers were planted. The platform was tethered to a ship, the MV 101, which was anchored to the seabed.
Philippine bar exam questions 2007 (Civil Q1)
I. Distinguish the following concepts:
1. Occupation v. possession. (5%)
2. Illegal and impossible conditions in a simple donation v. illegal and impossible conditions in an onerous donation. (5%)
1. Occupation v. possession. (5%)
2. Illegal and impossible conditions in a simple donation v. illegal and impossible conditions in an onerous donation. (5%)
Philippine bar exam questions 2007(Q20-LABOR)
XX. (5 POINTS)
AB, a non-resident American, seeks entry to the country to work as Vice-President of a local telecommunications company. You are with the Department of Labor and Employment (DOLE). What permit, if any, can the DOLE issue so that AB can assume as Vice-President in the telecommunications company? Discuss fully.
Philippine bar exam questions 2007(Q19-LABOR)
XIX. (5 POINTS)
Cite five grounds for disciplinary action by the Philippine Overseas Employment Administration (POEA) against overseas workers.
Cite five grounds for disciplinary action by the Philippine Overseas Employment Administration (POEA) against overseas workers.
Philippine bar exam questions 2007(Q18-LABOR)
XVIII. (5 POINTS)
Inday was employed by mining company X to perform laundry service at its staffhouse. While attending to her assigned task, she slipped and hit her back on a stone. Unable to continue with her work, she was permitted to go on leave for medication, but thereafter she was not allowed to return to work. She filed a complaint for illegal dismissal but her employer X contended that Inday was not a regular employee but a mere househelp. Decide.
Philippine bar exam questions 2007(Q17-LABOR)
XVII. (5 POINTS)
P.D. 1508 requires the submission of disputes before the Barangay Lupong Tagapamayapa prior to the filing of cases with the courts or other government bodies. May this decree be used to defeat a labor case filed directly with the Labor Arbiter? Discuss fully.
P.D. 1508 requires the submission of disputes before the Barangay Lupong Tagapamayapa prior to the filing of cases with the courts or other government bodies. May this decree be used to defeat a labor case filed directly with the Labor Arbiter? Discuss fully.
Philippine bar exam questions 2007(Q16-LABOR)
XVI. (5 POINTS)
A carpenter is employed by a private university in Manila. Is the carpenter a regular or a casual employee? Discuss fully.
A carpenter is employed by a private university in Manila. Is the carpenter a regular or a casual employee? Discuss fully.
Philippine bar exam questions 2007(Q15-LABOR)
XV. (5 POINTS)
Some officers and rank-and-file members of the union staged an illegal strike. Their employer wants all the strikers dismissed. As the lawyer, what will you advise the employer? Discuss fully.
Some officers and rank-and-file members of the union staged an illegal strike. Their employer wants all the strikers dismissed. As the lawyer, what will you advise the employer? Discuss fully.
Philippine bar exam questions 2007(Q14-LABOR)
XIV. 5 POINTS
AB, single and living-in with CD (a married man), is pregnant with her fifth child. She applied for maternity leave but her employer refused the application because she is not married. Who is right? Decide.
AB, single and living-in with CD (a married man), is pregnant with her fifth child. She applied for maternity leave but her employer refused the application because she is not married. Who is right? Decide.
Philippine bar exam questions 2007(Q13-LABOR)
XIII. 5 POINTS
May a decision of the Labor Arbiter which has become final and executory be novated through a compromise agreement of the parties?
May a decision of the Labor Arbiter which has become final and executory be novated through a compromise agreement of the parties?
Philippine bar exam questions 2007(Q12-LABOR)
XII. (5 POINTS)
12. a) How do you execute a labor judgment which, on appeal, had become final and executory? Discuss fully.
b) Cite two instances when an order of execution may be appealed.
12. a) How do you execute a labor judgment which, on appeal, had become final and executory? Discuss fully.
b) Cite two instances when an order of execution may be appealed.
Philippine bar exam questions 2007(Q11-LABOR)
XI. (5 POINTS)
11. a) As a rule, when is retirement due?
b) When is retirement due for underground miners?
11. a) As a rule, when is retirement due?
b) When is retirement due for underground miners?
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