2012 Bar Examinations Civil Law Answers

Damage (2012) No.I. a) Roberto was at the Nikko Hotel when he met a friend who was then on her way to a wedding party, where can I find suggested answers to questions about tax law in 2012? CIVIL LAW – BAR EXAM _ 2012 MULTIPLE CHOICE 1. Which of the following is NOT included in the attributes of the capac yung mga legal proposed answers po, wala pa pong naka-release. I will share it with you kapag meron na po. CIVIL LAW – BAR EXAM _ 2012 MULTIPLE CHOICE 1. Which of the following is NOT included in the legal property attributes? (a) Legal capacity is inherent in any natural person and is therefore not acquired. (b) Legal capacity is lost only in the event of death. (c) The ability to be the subject of legal relations is legally possible. (d) Legal capacity cannot exist without the capacity to act. 2. Which of the following is NOT a limitation on ability to act? (a) Minority (b) Marriage (c) Deaf-mute (d) Civil prohibition 3. That attribute or event of a case determines whether it is a conflict-of-laws case or a case covered by national law.

(a) Plea (b) Foreign element (c) Competent jurisdiction (d) Forum non conveniens 4. (b) the law of the State in which the property of the deceased was situated, (d) the law of the country in which the property of the deceased is situated. 5. Atty. BUKO, a Filipino, executed a will while in Spain. The certification clause of the said will does not contain Buko`s signature. It is valid under Spanish law. At its Manila property, it is rejected on the grounds that the certification clause does not contain buko`s signature. Is the objection correct? Choose the best answer. a) Yes, because it is a fatal defect. b) Yes, the will is not valid under Philippine law. c) No, the certification clause is not an act of the testator.

d) No, Spanish law applies. 6. Ramon, a Filipino, executed a will in Manila, where he left his home and moved to BP Homes Parañaque in favour of his Filipino son Ramgen. Ramon`s other children, RJ and Ramona, both Turkish nationals, deny Ramgen`s inheritance. They had planned to kill Ramgen. Ramon learned of the conspiracy, so he tore his will in half out of anger. Which statement is more accurate? a) The simple act of Ramon Sr. is irrelevant because the will is still legible.

(b) The mere destruction of the will is equivalent to revocation. (c) The tearing of the will may be associated with revocation if it is associated with the intention to revoke it. (d) The act of tearing up the will is material. 7. Even if the applicable law is a foreign law, a census in the Philippines may be compelled to apply Philippine law in any of the following cases, unless: (a) the foreign law, judgment or contract violates sound and important public order of the court; (b) whether the property in the case is located outside the Philippines; (c) where the foreign law or judgment is of a criminal nature; (d) where the foreign law is procedural in nature. 8. If a will is executed by a testator born a Filipino citizen but naturalized Japanese at the time of his death, what law governs his testamentary dispositions if the will is executed in China and the property sold is in Indonesia? (a) Chinese law (b) Philippine law (c) Indonesian law (d) Japanese law 9. A Japanese citizen and a Filipino national signed a service contract in Thailand. The services are provided in Singapore. What law will apply in case of violation? (a) Thai law (b) Philippine law (c) Singapore law (d) Japanese law 10.

Pedro (Filipino) and his wife Jane (American) signed a joint will in Canada, where such a joint will is valid. If the joint will is put to the test in Japan, what law governs the formalities of the joint will? (a) U.S. law (b) Philippine law (c) Canadian law (d) Japanese law 11. A French citizen revokes his will in Japan, where he resides. He then moved home to the Philippines, where he died. The revocation of one`s will in Japan is valid under Japanese law, but invalid under Philippine law. The heir concerned is a Malaysian national residing in the Philippines. Which law applies? (a) Japanese law (b) Philippine law (c) French law (d) Malaysian law 12. In the absence of any provision to the contrary in a marriage by-law, the financial situation of the Filipino spouses shall be governed by the laws of the Philippines (b) the law of the place where the spouses reside, (c) the law of the place where the immovable property is located, and (d) the law of the place where they married. 13.

The will of a Filipino executed in a foreign country – (a) may not be examined in the Philippines; (b) may be sampled in the Philippines, provided that real estate is in the estate in the Philippines; (c) may not be examined before the death of the deceased; (d) may be audited in the Philippines provided that it has been carried out in accordance with the law of the place where the will was executed. 14. Pedro (Filipino and Bill (American) have signed a contract in Australia agreeing to Pedro constructing a commercial building for Bill in the Philippines, and as payment for construction, Bill will transfer and transport his cattle ranch to Japan in pedro`s favor. If Pedro fulfills his obligation but Bill does not pay or refuses to pay, which law will apply? (a) United States law (b) Philippine law (c) Australian law (d) Japanese law (facts for articles 15 to 18) In 1989, Charice (Philippine) and Justine (American) married in the Philippines. In 1990, they separated and Justine went to Las Vegas, where he divorced the same year. On January 1, 1992, he married another Filipino, Lea, in Canada. They had two (2) sons, James and John (both born in 1992). In 1993, after hearing nothing from Justine, Charice married Bugoy (a Filipino), with whom she had a daughter, Regine. In 2009, Régine married James (Justine`s son in Lea) in California, where such a marriage is valid.

15. What is the current state of Charice and Justine`s marriage under Philippine law? a) Valid b) Invalid c) Cancellable d) Dissolved 16. What is the status of the marriage between Charice and Bugoy under Philippine law? a) Valid b) Invalid c) Cancellable d) Impracticable 17. What is the status of the marriage between Charice and Bugoy under Philippine law? a) Valid b) Void c) Void d) Unenforceable 18. What is the status of the marriage between Régine and Jacques under Philippine laws? a) Valid b) Void c) Void d) Unenforceable 19. Ricky and Princess were favorites. The princess became pregnant. Marforth, the princess`s lawyer and cousin, threatened Ricky with filing an immorality complaint with the Supreme Court, preventing him from taking exams if he did not marry the princess. As a result of the threat, Ricky married Princess. Can marriage be annulled for intimidation under article 45 of the Family Code? Choose the best answer. a) Yes, because without the threat Ricky Princess would not have married. b) Yes, because the threat to assert the princess`s request interferes with Ricky`s consent to the conclusion of the marriage.