CIVIL LAW

MOCK BAR EXAMINATION

I.

Timothy executed a Memorandum of Agreement (MOA) with Kristopher setting up a

business venture covering three (3) fastfood stores known as "Hungry Toppings" that will
be established at Mall Uno, Mall Dos, and Mall Tres.

The pertinent provisions of the MOA provides:

1. Timothy shall be considered a partner with thirty percent (30%) share in all of
the stores to be set up by Kristopher;

2. The proceeds of the business, after deducting expenses, shall be used to pay
the principal amount of P500,000.00 and the interest therein which is to be
computed based on the bank rate, representing the bank loan secured by Timothy;

3. The net profits, if any, after deducting the expenses and payments of the
principal and interest shall be divided as follows: seventy percent (70%) for
Kristopher and thirty percent (30%) for Timothy;

4. Kristopher shall have a free hand in running the business without any
interference from Timothy, his agents, representatives, or assigns , and should
such interference happen, Kristopher has the right to buy back the share of
Timothy less the amounts already paid on the principal and to dissolve the MOA;
and

5. Kristopher shall submit his monthly sales report in connection with the business
to Timothy.

What is the contractual relationship between Timothy and Kristopher?

II.
Miko and Dinah started to live together as husband and wife without the benefit of
marriage in 1984. Ten (10) years after, they separated. In 1996, they decided to live
together again, and in 1998, they got married.

On February 17, 2001, Dinah filed a complaint for declaration of nullity of her marriage
with Miko on the ground of psychological incapacity under Article 36 of the Family Code.
The court rendered the following decision:

"1. Declaring the marriage null and void;

2. Dissolving the regime of absolute community of property; and

3. Declaring that a decree of absolute nullity of marriage shall only be issued after
liquidation, partition and distribution of the parties properties under Article 147 of the
Family Code."

Dinah filed a motion for partial reconsideration questioning the portion of the decision on
the issuance of a decree of nullity of marriage only after the liquidation, partition and
distribution of properties under Article 147 of the Code.

If you are the judge, how will you decide petitioners motion for partial reconsideration?
Why?

III.
Alden and Stela were both former Filipino citizens. They were married in the
Philippines but they later migrated to the United States where they were naturalized as
American citizens. In their union they were able to accumulate several real properties
both in the US and in the Philippines. Unfortunately, they were not blessed with children.
In the US, they executed a joint will instituting as their common heirs to divide their
combined estate in equal shares, the five siblings and of Alden the seven siblings of
Stela. Alden passed away in 2013 and a year later, Stela also died. The siblings of Alden
who were all citizens of the US instituted probate proceedings in a US court impleading
the siblings of Stela who were all in the Philippines.
a) Was the joint will executed by Alden and Stela who were both former
Filipinos valid? Explain with legal basis. (3%)

b) Can the joint will produce legal effect in the Philippines with respect to the
propertiesand of Alden Stela found here? If so, how? (3%)

c) Is the situation presented in Item I an example of depecage? (2%)

IV.
A. Mr. and Mrs. Roman and Mr. and Mrs. Cruz filed an application for registration of
a parcel of land which after due proceedings was granted by the RTC acting registration
as land court. However, before the decree of registration could be issued, the spouses
Roman and the spouses Cruz sold the lot to Juan. In the notarized deed of sale, the
sellers expressly undertook to submit the deed of sale to the land registration court so
that the title to the property would be directly issued in Juan's name. Is such a stipulation
valid? (2%)
B. Distinguish a direct attack from a collateral attack on a title. (2%)
C. If the title in Item XX.A is issued in the names of the original sellers, would a motion
filed by Juan in the same case to correct or amend the title in order to reflect his name as
owner considered be collateral attack? (2%)

V.
Mr. and Mrs. X migrated to the US with all their children. As they had no intention of
coming back, they offered their house and lot for sale to their neighbors, Mr. and Mrs. A
(the buyers) who agreed to buy the property for 128 Million. Because Mr. and Mrs. A
needed to obtain a loan from a bank first, and since the sellers were in a hurry to migrate,
the latter told the buyers that they could already occupy the house, renovate it as it was
already in a state of disrepair, and pay only when their loan is approved and released.
While waiting for the loan approval, the buyers spent .Pl Million in repairing the house. A
month later, a person carrying an authenticated special power of attorney from the sellers
demanded that the buyers either immediately pay for the property in full now or vacate it
and pay damages for having made improvements on the property without a sale having
been perfected.

a) What are the buyers' options or legal rights with respect to the the expenses
incurred in improving the property under circumstances?

b) Can the buyers be made to immediately vacate on the ground that the
sale was not perfected? Explain briefly.

VI.
A collision occurred at an intersection involving a bicycle and a taxicab. Both the bicycle
rider (a businessman then doing his morning exercise) and the taxi driver claimed that
the other was at fault. Based on the police report, the bicycle crossed the intersection first
but the taxicab, crossing at a fast clip from the bicycle's left, could not brake in time and
hit the bicycle's rear wheel, toppling it and throwing the bicycle rider into the sidewalk 5
meters away.

The bicycle rider suffered a fractured right knee, sustained when he fell on his right side
on the concrete side walk. He was hospitalized and was subsequently operated on,
rendering him immobile for 3 weeks and requiring physical rehabilitation for another 3
months. In his complaint for damages, the rider prayed for the award ofP1,000,000 actual
damages,P200,000 moral damages, P200,000 exemplary damages, P1 00,000 nominal
damages and P50,000 attorney's fees.

Assuming the police report to be correct and as the lawyer for the bicycle rider, what
evidence (documentary and testimonial) and legal arguments will you present in court to
justify the damages that your client claims?
 VII.
Anselmo is the registered owner of a land and a house that his friend Boboy occupied for
a nominal rental and on the condition that Boboy would vacate the property on demand.
With Anselmo's knowledge, Boboy introduced renovations consisting of an additional
bedroom, a covered veranda, and a concrete block fence, at his own expense.

Subsequently, Anselmo needed the property as his residence and thus asked Boboy to
vacate and turn it over to him. Boboy, despite an extension, failed to vacate the property,
forcing Anselmo to send him a written demand to vacate.

In his own written reply, Boboy signified that he was ready to leave but Anselmo must first
reimburse him the value of the improvements he introduced on the property as he is a
builder in good faith. Anselmo refused, insisting that Boboy cannot ask for reimbursement
as he is a mere lessee. Boboy responded by removing the improvements and leaving the
building in its original state.

(A) Resolve Boboy's claim that as a builder in good faith, he should be reimbursed the
value of the improvements he introduced.
(B) Can Boboy be held liable for damages for removing the improvements over Anselmo's
objection?

VIII.
Clara, thinking of her mortality, drafted a will and asked Roberta, Hannah, Luisa and
Benjamin to be witnesses. During the day of signing of her will, Clara fell down the stairs
and broke 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.

IX.
Rommels private car, while being driven by the regular family driver, Amado, hits a
pedestrian causing the latters death. Rommel is not in the car when the incident
happened.
(A). Is Rommel liable for damages to the heirs of the deceased? Explain.
(B). Would your answer be the same if Rommel was in the car at the time of the
accident? Explain.
 X.
On 30 June 1986, A filed in the RTC of Abra an application for registration of title to a
parcel of land under P.D. No. 1529, claiming that since 12 June 1945, he has been in
open, continuous, exclusive and notorious possession and occupation of said parcel of
land of public domain which was alienable and disposable, under a bona fide claim of
ownership. After issuance of the notice of initial hearing and publication, as required by
law, the petition was heard on 29 July 1987. On the day of the hearing nobody but the
applicant appeared. Neither was there anyone who opposed the application.
Thereupon, on motion of the applicant, the RTC issued an order of general default and
allowed the applicant to present his evidence. That he did. On 30 September 1989, the
RTC dismissed As application for lack of sufficient evidence. A appealed to the Court of
Appeals.

The appellant urged that the RTC erred in dismissing his application for registration and
in not ordering the registration of his title to the parcel of land in question despite the
fact that there was no opposition filed by anybody to his application.

Did the RTC commit the error attributed to it?