Annulment of Marriage in Philippines

Manuel came to Manila and married Marianne. Unknown to Marianne, Manuel had been previously convicted in Palawan of theft and served time for it. After Marianne learned of his previous conviction, she stopped living with him. Can Marianne seek the annulment of the marriage based on Manuel’s non-disclosure of his previous crime? A. No, since [...]

Basis for rendering a disinheritance defective or imperfect

Which of the following is not a basis for rendering a disinheritance defective or imperfect? A. Its cause comes from the guilt of a spouse in a legal separation case, the innocent-spouse having died. B. The truth of its cause is denied and not sufficiently proved by evidence. C. Its cause is not authorized by [...]

Abuse of Rights Recognized by Law – Bar Exam Review

When one exercises a right recognized by law, knowing that he thereby causes an injustice to another, the latter is entitled to recover damages. This is known as the principle of A. res ipsa loquitur. B. damnum absque injuria. C. vicarious liability. D. abuse of rights. Answer to Philippine Bar Exam. Bar Exam Reviewer on [...]

Hereditary Right on Real Property – Civil Law Review

Raul, Ester, and Rufus inherited a 10-hectare land from their father. Before the land could be partitioned, however, Raul sold his hereditary right to Raffy, a stranger to the family, for P5 million. Do Ester and Rufus have a remedy for keeping the land within their family? A. Yes, they may be subrogated to Raffy’s [...]

Simple Deed of Donation – Civil Law Bar Review

Lucio executed a simple deed of donation of P50 million on time deposit with a bank in favor of A, B, C, D, and E, without indicating the share of each donee. All the donees accepted the donation in writing. A, one of the donees, died. Will B, C, D, and E get A’s share [...]

Donation of Property Before Marriage – Bar Exam Review

X and Y were to marry in 3 months. Meantime, to express his affection, X donated a house and lot to Y, which donation X wrote in a letter to Y. Y wrote back, accepting the donation and took possession of the property. Before the wedding, however, Y suddenly died of heart attack. Can Y’s [...]

Requirement for quieting of title involving real property

Which of the followi ng is an indispensable requirement in an action for “quieting of title” involving real property? The plaintiff must A. be in actual possession of the property. B. be the registered owner of the property. C. have legal or equitable title to the property. D. be the beneficial owner of the property. [...]

Breach of Contract – Civil Law Review

Lennie bought a business class ticket from Alta Airlines. As she checked in, the manager downgraded her to economy on the ground that a Congressman had to be accommodated in the business class. Lennie suffered the discomfort and embarrassment of the downgrade. She sued the airlines for quasi-delict but Alta Airlines countered that, since her [...]

Civil Law Reviewer – Bar Exam Philippines

Upon the proposal of a third person, a new debt or substituted the original debtor without the latter’s consent. The creditor accepted the substitution. Later, however, the new debtor became insolvent and defaulted in his obligation. What is the effect of the new debtor’s default upon the original debtor? A. The original debtor is freed [...]

Future Inheritance as Subject of Contract of Sale – Bar Exam Review

Can future inheritance be the subject of a contract of sale? A. No, since it will put the predecessor at the risk of harm fr om a tempted buyer, contrary to public policy. B. Yes, since the death of the decedent is certain to occur. C. No, since the seller owns no inheritance while his [...]

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