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Bar Exam Questions Compilation - Civil Law (PFR)

This document contains a compilation of questions from the 2010 Philippine Bar Exam on Civil Law pertaining to Persons and Family Relations. It includes 11 sets of questions (I-XI) that cover topics such as divorce, succession, adoption, marriage nullity, parental authority, and liability for injuries caused by animals. The questions require analysis of provisions in the Family Code and application of legal principles to hypothetical scenarios involving family law issues.

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Henry Balteza
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1K views3 pages

Bar Exam Questions Compilation - Civil Law (PFR)

This document contains a compilation of questions from the 2010 Philippine Bar Exam on Civil Law pertaining to Persons and Family Relations. It includes 11 sets of questions (I-XI) that cover topics such as divorce, succession, adoption, marriage nullity, parental authority, and liability for injuries caused by animals. The questions require analysis of provisions in the Family Code and application of legal principles to hypothetical scenarios involving family law issues.

Uploaded by

Henry Balteza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Bar Exam Questions Compilation

Civil Law – Persons and Family Relations

2010 BAR EXAM QUESTIONS:

I.

True or False.

a. Under Article 26 of the Family Code, when a foreign spouse divorces his/her Filipino spouse, the
latter may re-marry by proving only that the foreign spouse has obtained a divorce against her
or him abroad. (1%)

b. X, a widower, died leaving a will stating that the house and lot where he lived cannot be
partitioned for as long as the youngest of his four children desires to stay there. As coheirs and
co-owners, the other three may demand partition anytime. (1%)

II.

Spouses B and G begot two offsprings. Albeit they had serious personality differences, the spouses
continued to live under one roof. B begot a son by another woman. G also begot a daughter by another
man.

a. If G gives the surname of B to her daughter by another man, what can B do to protect their
legitimate children's interests? Explain. (5%)

b. If B acquiesces to the use of his surname by G’s daughter by another man, what is/are the
consequence/s? Explain. (5%)

III.

G filed on July 8, 2000 a petition for declaration of nullity of her marriage to B. During the pendency of
the case, the couple entered into a compromise agreement to dissolve their absolute community of
property. B ceded his right to their house and lot and all his shares in two business firms to G and their
two children, aged 18 and 19.

B also opened a bank account in the amount of P3 million in the name of the two children to answer for
their educational expenses until they finish their college degrees.

For her part, G undertook to shoulder the day-to-day living expenses and upkeep of the children. The
Court approved the spouses’ agreement on September 8, 2000.

a. Suppose the business firms suffered reverses, rendering G unable to support herself and the
children. Can G still ask for support pendente lite  from B? Explain. (3%)

b. Suppose in late 2004 the two children had squandered the P3 million fund for their education
before they could obtain their college degrees, can they ask for more support from B? Explain.
(3%)
IV.

Gigolo entered into an agreement with Majorette for her to carry in her womb his baby via in
vitro  fertilization. Gigolo undertook to underwrite Majorette’s pre-natal expenses as well as those
attendant to her delivery. Gigolo would thereafter pay Majorette P2 million and, in return, she would
give custody of the baby to him.

After Majorette gives birth and delivers the baby to Gigolo following her receipt of P2 million, she
engages your services as her lawyer to regain custody of the baby.

a. What legal action can you file on behalf of Majorette? Explain. (2.5%)

b. Can Gigolo demand from Majorette the return of the P2 million if he returns the baby? Explain.
(2.5%)

c. Who of the two can exercise parental authority over the child? Explain. (2.5%)

d. Is the child entitled to support and inheritance from Gigolo? Explain. (2.5%)

V.

Spouses Rex and Lea bore two children now aged 14 and 8. During the subsistence of their marriage,
Rex begot a child by another woman. He is now 10 years of age.

On Lea’s discovery of Rex’s fathering a child by another woman, she filed a petition for legal separation
which was granted.

Rex now wants to adopt his illegitimate child.

a. Whose consent is needed for Rex’s adoption of his illegitimate child? (2.5%)

b. If there was no legal separation, can Rex still adopt his illegitimate child? Explain. (2.5%)

VI.

Eighteen-year old Filipina Patrice had a daughter out of wedlock whom she named Laurie. At 26, Patrice
married American citizen John who brought her to live with him in the United States of America. John at
once signified his willingness to adopt Laurie.

Can John file the petition for adoption? If yes, what are the requirements? If no, why? (5%)

VII.

In 1997, B and G started living together without the benefit of marriage. The relationship produced one
offspring, Venus. The couple acquired a residential lot in Parañaque. After four (4) years or in 2001, G
having completed her 4-year college degree as a fulltime student, she and B contracted marriage
without a license.

The marriage of B and G was, two years later, declared null and void due to the absence of a marriage
license.

a. If you were the judge who declared the nullity of the marriage, to whom would you award the
lot? Explain briefly. (3%)
b. Is Venus legitimate, illegitimate, or legitimated? Explain briefly. (3%)

VIII.

The spouses Peter and Paula had three (3) children. Paula later obtained a judgment of nullity of
marriage. Their absolute community of property having been dissolved, they delivered P1 million to
each of their 3 children as their presumptive legitimes.

Peter later re-married and had two (2) children by his second wife Marie. Peter and Marie, having
successfully engaged in business, acquired real properties. Peter later died intestate.

a. Who are Peter’s legal heirs and how will his estate be divided among them? (5%)

b. What is the effect of the receipt by Peter’s 3 children by his first marriage of their presumptive
legitimes on their right to inherit following Peter’s death? (5%)

IX.

The spouses Peter and Paula had three (3) children. Paula later obtained a judgment of nullity of
marriage. Their absolute community of property having been dissolved, they delivered P1 million to
each of their 3 children as their presumptive legitimes.

Peter later re-married and had two (2) children by his second wife Marie. Peter and Marie, having
successfully engaged in business, acquired real properties. Peter later died intestate.

a. Who are Peter’s legal heirs and how will his estate be divided among them? (5%)

b. What is the effect of the receipt by Peter’s 3 children by his first marriage of their presumptive
legitimes on their right to inherit following Peter’s death? (5%)

X.

Primo owns a pet iguana which he keeps in a man-made pond enclosed by a fence situated in his
residential lot. A typhoon knocked down the fence of the pond and the iguana crawled out of the gate of
Primo’s residence. N, a neighbor who was passing by, started throwing stones at the iguana, drawing the
iguana to move toward him. N panicked and ran but tripped on something and suffered a broken leg.

Is anyone liable for N’s injuries? Explain. (4%)

XI.

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