AR E'AMINATION 2004 CI(I% %A"

12 September 2004 INSTRUCTIONS This questionnaire consists of ten (10) pages, excluding this cover. There are ten Roman numbers divided into sub-sets ith corresponding percentages. Read each question ver! carefull!. "ns er it directl!, concisel!, and clearl!. #rite legibl!. $tart each Roman number on a separate page. "n ans er to a sub-question under the same number ma! be ritten continuousl! on the same and immediatel! succeeding pages until completed. %o not repeat the questions. " mere &'es( or &)o( ans er to a problem ithout explanation or discussion ill not be given an! credit. HAND IN YOUR NOTE OO! "ITH THIS #UESTIONNAIRE. $OOD %UC! & & 8:00 A.M. 12:00 Noon

#UESTION NO. I ". *r. +' lost ,100,000 in a card game called Russian po-er, but he had no more cash to pa! in full the inner at the time the session ended. .e promised to pa! ,/, the inner, t o ee-s thereafter. 0ut he failed to do so despite the lapse of t o months, so ,/ filed in court a suit to collect the amount of ,10,000 that he on but remained unpaid. #ill the collection suit against +' prosper2 3ould *rs. +' file in turn a suit against ,/ to recover the ,100,000 that her husband lost2 Reason. (14)

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T/ filed a suit for e5ectment against 0% for non-pa!ment of condominium rentals amounting to ,110,000. %uring the pendenc! of the case, 0% offered and T/ accepted the full amount due as rentals from 0%, ho then filed a motion to dismiss the e5ectment suit on the ground that the action is alread! extinguished. 6s 0%7s contention correct2 #h! or h! not2 Reason. (14) #UESTION NO. II

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%istinguish briefl! but clearl! bet een8 1. *utuum and commodatum. 9. $ubstitute parental authorit! and special parental authorit!. :. 3ivil obligation and natural obligation. ;. 6nexistent contracts and annullable contracts. 1. %omiciliar! theor! and nationalit! theor! of personal la . (14)

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%T and *T ere prominent members of the frequent travelers7 club of </ "irlines. 6n .ong-ong, the couple ere assigned seats in 0usiness 3lass for hich the! had bought tic-ets. =n chec-ing in, ho ever, the! ere told the! ere upgraded b! computer to <irst 3lass for the flight to *anila because the 0usiness $ection as overboo-ed.

0oth refused to transfer despite better seats, food, beverage and other services in <irst 3lass. The! said the! had guests in 0usiness 3lass the! should attend to. The! felt humiliated, embarrassed and vexed, ho ever, hen the ste ardess allegedl! threatened to offload them if the! did not avail of the upgrade. Thus the! gave in, but during the transfer of luggage %T suffered pain in his arm and rist. "fter arrival in *anila, the! demanded an apolog! from </7s management as ell as indemnit! pa!ment. #hen none as forthcoming, the! sued the airline for a million pesos in damages. 6s the airline liable for actual and moral damages2 >xplain briefl!. (14) #h! or h! not2

#UESTION NO. III ". R) and %*, ithout an! impediment to marr! each other, had been living together ithout benefit of church blessings. Their common-la union resulted in the birth of +*). T o !ears later, the! got married in a civil ceremon!. 3ould +*) be legitimated2 Reason. (14)

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%r. "?/ is a scientist honored for or- related to the human genome pro5ect. "mong his pioneering efforts concern stem cell research for the cure of "l@heimer7s disease. Ander corporate sponsorship, he helped develop a microbe that ate and digested oil spills in the sea. )o he leads a college team for cancer research in *$$ $tate. The team has experimented on a mouse hose bod! cells replicate and bear cancerous tumor. 3alled &oncomouse(, it is a life-form useful for medical research and it is a novel creation. 6ts bod! cells do not naturall! occur in nature but are the product of man7s intellect, industr! and ingenuit!. .o ever, there is a doubt hether local propert! la s and ethics ould allo rights of exclusive o nership on an! life-form. %r. "?/ needs !our advice8 (1) hether the reciprocit! principle in private international la could be applied in our 5urisdictionB and (9) hether there are legal and ethical reasons that could frustrate his claim of exclusive o nership over the life-form called &oncomouse( in *anila2 #hat ill be !our advice to him2 (14)

#UESTION NO. I( ". CD, o ner of a parcel of land, sold it to ,,. 0ut the deed of sale as not registered. =ne !ear later, CD sold the parcel again to RR, ho succeeded to register the deed and to obtain a transfer certificate of title over the propert! in his o n name. #ho has a better right over the parcel of land, RR or ,,2 #h!2 >xplain the legal basis for !our ans er. (14)

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3/ executed a special po er of attorne! authori@ing %' to secure a loan from an! ban- and to mortgage his propert! covered b! the o ner7s certificate of title. 6n securing a loan from *0an-, %' did not specif! that he as acting for 3/ in the transaction ith said ban-. 6s 3/ liable for the ban- loan2 #h! or h! not2 Custif! !our ans er. (14)

#UESTION NO. ( ". %,= ent to a store to bu! a pac- of cigarettes orth ,991.00 onl!. .e gave the vendor, RR", a ,100-peso bill. The vendor gave him the pac- plus ,:E1.00 change. #as there a discount, an oversight, or an error in the amount given2 #hat ould be %,=7s dut!, if an!, in case of an excess in the amount of change given b! the vendor2 .o is this situational relationship bet een %,= and RR" denominated2 >xplain. (14)

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=C as emplo!ed as professional driver of ** Transit bus o ned b! *r. 0T. 6n the course of his or-, =C hit a pedestrian ho as seriousl! in5ured and later died in the hospital as a result of the accident. The victim7s heirs sued the driver and the o ner of the bus for damages. 6s there a presumption in this case that *r. 0T, the o ner, had been negligent2 6f so, is the presumption absolute or not2 >xplain. (14)

#UESTION NO. (I ". "03 loaned to *)= ,;0,000 for hich the latter pledged ;00 shares of stoc- in /'+ 6nc. 6t as agreed that if the pledgor failed to pa! the loan ith 104 !earl! interest ithin four !ears, the pledgee is authori@ed to foreclose on the shares of stoc-. "s required, *)= delivered possession of the shares to "03 ith the understanding that the shares ould be returned to *)= upon the pa!ment of the loan. .o ever, the loan as not paid on time. " month after ; !ears, ma! the shares of stoc- pledged be deemed o ned b! "03 or not2 Reason. (14)

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"s an agent, "? as given a guarantee commission, in addition to his regular commission, after he sold 90 units of refrigerators to a customer, .T .otel. The customer, ho ever, failed to pa! for the units sold. "?7s principal, %R06, demanded from "? pa!ment for the customer7s accountabilit!. "? ob5ected, on the ground that his 5ob as onl! to sell and not to collect pa!ment for units bought b! the customer. 6s "?7s ob5ection valid2 3an %R06 collect from him or not2 Reason. (14) #UESTION NO. (II

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,. and ?D are .F 3hinese. Their parents are no <ilipino citi@ens ho live in *anila. #hile still students in *)$ $tate, the! got married although the! are first cousins. 6t appears that both in .F and in *)$ $tate first cousins could marr! legall!. The! plan to reside and set up business in the ,hilippines. 0ut the! have been informed, ho ever, that the marriage of first cousins here is considered void from the beginning b! reason of public polic!. The! are in a dilemma. The! don7t ant to brea- ,hilippine la , much less their marriage vo . The! see!our advice on hether their civil status ill be adversel! affected b! ,hilippine domestic la 2 #hat is !our advice2 (14)

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6n a class suit for damages, plaintiffs claimed the! suffered in5uries from torture during martial la . The suit as filed upon ,resident >*7s arrival on exile in .6, a A.$. state. The court in .6 a arded plaintiffs the equivalent of ,100 billion under the A.$. la on alien tort claims. =n appeal, >*7s >state raised the issue of prescription. 6t argued that since said A.$. la is silent on the matter,

the court should appl!8 (1) .67s la setting a t o-!ear limitation on tort claimsB or (9) the ,hilippine la hich appears to require that claims for personal in5ur! arising from martial la be brought ithin one !ear. ,laintiffs countered that provisions of the most analogous federal statute, the Torture Dictims ,rotection "ct, should be applied. 6t sets ten !ears as the period for prescription. *oreover, the! argued that equit! could toll the statute of limitations. <or it appeared that >* had procured 3onstitutional amendments granting himself and those acting under his direction immunit! from suit during his tenure. 6n this case, has prescription set in or not2 3onsidering the differences in the cited la s, hich prescriptive period should be applied8 one !ear under ,hilippine la , t o !ears under .67s la , ten !ears under A.$. federal la , or none of the above2 >xplain. (14) #UESTION NO. (III ". " <ilipino couple, *r. and *rs. 0*, Cr., decided to adopt 'D, an orphan from $t. 3laire7s orphanage in )e 'or- 3it!. The! loved and treated her li-e a legitimate child for the! have none of their ver! o n. .o ever, 0*, Cr., died in an accident at sea, follo ed to the grave a !ear later b! his sic- father, 0*, $r. >ach left a si@able estate consisting of ban- deposits, lands and buildings in *anila. *a! the adopted child, 'D, inherit from 0*, Cr.2 *a! she also inherit from 0*, $r.2 6s there a difference2 #h!2 >xplain. (14) *r. /T and *rs. 'T have been married for 90 !ears. $uppose the ife, 'T, died childless, survived onl! b! her husband, /T. #hat ould be the share of /T from her estate as inheritance2 #h!2 >xplain. (14) #UESTION NO. I' ". The parties in a contract of loan of mone! agreed that the !earl! interest rate is 194 and it can be increased if there is a la that ould authori@e the increase of interest rates. $uppose =0, the lender, ould increase b! 14 the rate of interest to be paid b! T', the borro er, ithout a la authori@ing such increase, ould =07s action be 5ust and valid2 #h!2 .as T' a remed! against the imposition of the rate increase2 >xplain. (14)

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%=), an "merican businessman, secured parental consent for the emplo!ment of five minors to pla! certain roles in t o movies he as producing at home in *a-ati. The! or-ed at odd hours of the da! and night, but al a!s accompanied b! parents or other adults. The producer paid the children talent fees at rates better than adult ages. 0ut a social or-er, %>0, reported to =$#% that these children often missed going to school. The! sometimes dran- ine, aside from being exposed to drugs. 6n some scenes, the! ere filmed na-ed or in revealing costumes. 6n his defense, %=) contended all these ere part of artistic freedom and cultural creativit!. )one of the parents complained, said %=). .e also said the! signed a contract containing a aiver of their right to file an! complaint in an! office or tribunal concerning the or-ing conditions of their children acting in the movies. 6s the aiver valid and binding2 #h! or h! not2 >xplain. (14) #UESTION NO. '

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0=)6 and "))> met hile or-ing overseas. The! became s eethearts and got engaged to be married on )e 'ear7s >ve aboard a cruise ship in the 3aribbean. The! too- the proper license to marr! in )e 'or- 3it!, here there is a <ilipino consulate. 0ut as planned the edding ceremon! as officiated b! the captain of the )or egian-registered vessel in a private suite among selected friends. 0ac- in *anila, "nne discovered that 0oni had been married in 0acolod 3it! 1 !ears earlier but divorced in =slo onl! last !ear. .is first ife as also a <ilipina but no based in $ eden. 0oni himself is a resident of )or a! here he and "nne plan to live permanentl!. "nne retains !our services to advise her on hether her marriage to 0oni is valid under ,hilippine la 2 6s there an!thing else she should do under the circumstances2 (14)

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6n his lifetime, a ,a-istani citi@en, "%6?, married three times under ,a-istani la . #hen he died an old ido er, he left behind six children, t o sisters, three homes, and an estate orth at least :0 million pesos in the ,hilippines. .e as born in ?ahore but last resided in 3ebu 3it!, here he had a mansion and here t o of his !oungest children no live and or-. T o of his oldest children are farmers in $ulu, hile the t o middle-aged children are

emplo!ees in +amboanga 3it!. <inding that the deceased left no ill, the !oungest son anted to file intestate proceedings before the Regional Trial 3ourt of 3ebu 3it!. T o other siblings ob5ected, arguing that it should be in Colo before a $hari7a court since his lands are in $ulu. 0ut "dil7s sisters in ,a-istan ant the proceedings held in ?ahore before a ,a-istani court. #hich court has 5urisdiction and is the proper venue for the intestate proceedings2 The la of hich countr! shall govern succession to his estate2 (14)