Bar Exam Questions Collection

1. While in Afghanistan, a Japanese by the name of Sato sold to Ramoncito, a

Filipino, a parcel of land situated in the Philippines which Sato inherited from his
Filipino mother.
a.) What law governs the formality in the execution of the contract of sale?
Explain your answer and give its legal basis.
b.) What law governs the capacity of the Japanese to sell the land? Explain your
answer and give its legal basis.
c.) What law governs the capacity of the Filipino to buy the land? Explain your
answer and give its legal basis.
2. Yvette was found to be positive for HIV virus, considered sexually
transmissible. Her boyfriend, Joseph was aware of her condition and yet married
her. After two (2) years of cohabiting with Yvette, and in his belief that she would
probably never be able to bear him a healthy child, Joseph now wants to have
his marriage with Yvette annulled. Yvette opposes the suit contending that
Joseph is estopped from seeking annulment of their marriage since he knew
even before their marriage that she was afflicted with HIV virus. Can the action of
Joseph for annulment of his marriage with Yvette prosper? Discuss fully.
3. Isidro and Irma, Filipinos, both 18 years of age, were passengers of Flight No.
317 of Oriental Airlines. The plane they boarded was of Philippine registry. While
en route from Manila to Greece, some passengers hijacked the plane, held the
chief pilot hostage at the cockpit and ordered him to fly instead to Libya. During
the hijacking, Isidro suffered a heart attack and was on the verge of death. Since
Irma was already 8 months pregnant by Isidro, she pleaded the hijackers to allow
the assistant pilot to solemnize her marriage with Isidro. Soon after the marriage,
Isidro expired. As the plane landed in Libya, Irma gave birth. However, the baby
died a few minutes after complete delivery.
Back in the Philippines, Irma immediately filed a claim for inheritance. The
parents of Isidro opposed her claim contending that the marriage between her
and Isidro was void ab initio on the following grounds: (a) they had not given their
consent to the marriage of their son; (b) there was no marriage license; (c) the
solemnizing officer had no authority to perform the marriage; and (d) the
solemnizing officer did not file an affidavit of marriage with the proper civil
registrar. Resolve each of the contentions (a to d) raised by the parents of Isidro.
Discuss fully.
4. Ana Rivera had a husband, a Filipino citizen like her, who was among the
passengers on board a commercial jet plane which crashed in the Atlantic Ocean
ten (10) years earlier and had never been heard of ever since. Believing that her
husband had died, Ana married Adolf Cruz Staedtler, a divorced German national
born of a German father and a Filipino mother residing in Stuttgart. To avoid
being required to submit the required certificate of capacity to marry from the

German Embassy in Manila, Adolf stated in the application for marriage license
that he was a Filipino citizen. With the marriage license stating that Adolf was a
Filipino, the couple got married in a ceremony officiated by the Parish Priest of
Calamba, Laguna in a beach in Nasugbu, Batangas, as the local parish priest
refused to solemnize marriages except in his church. Is the marriage valid?
Explain fully. (Bar Question)
5. At age 18, Marian found out that she was pregnant. She insured her own life
and named her unborn child as her sole beneficiary. When she was already due
to give birth, she and her boyfriend Pietro, the father of her unborn child, were
kidnapped in a resort in Bataan where they were vacationing. The military gave
chase and after one week, they were found in an abandoned hut in Cavite.
Marian and Pietro were hacked with bolos. Marian and the baby delivered were
both found dead, with the baby's umbilical cord already cut. Pietro survived.
a.) Can Marian's baby be the beneficiary of the insurance taken of the life of the
mother?
b.) Between Marian and the baby, who is presumed to have died first?
c.) Will Pietro, as surviving biological father of the baby, be entitled to claim the
proceeds of the life insurance on the life of Marian? (Bar Question)
6. Roderick and Faye were high school sweethearts. When Roderick was 18 and
Faye, 16 years old, they started to live together as husband and wife without the
benefit of marriage. When Faye reached 18 years of age, her parents forcibly
took her back and arranged for her marriage to Brad. Although Faye lived with
Brad after the marriage, Roderick continued to regularly visit Faye while Brad
was away at work. During their marriage, Faye gave birth to a baby girl, Laica.
When Faye was 25 years old, Brad discovered her continued liaison with
Roderick and in one of their heated arguments, Faye shot Brad to death. She lost
no time in marrying her true love Roderick, without a marriage license, claiming
that they have been continuously cohabiting for more than 5 years.
a.) Was the marriage of Roderick and Faye valid?
b.) What is the filiation status of Laica?
c.) Can Laica bring an action to impugn her own status on the ground that based
on DNA results, Roderick is her biological father?
d.) Can Laica e legitimated by the marriage of her biological parents? (Bar
Question)
7. Gianna was born to Andy and Aimee, who at the time of Gianna's birth were
not married to each other. While Andy was single at the time, Aimee was still in
the process of securing a judicial declaration of nullity on her marriage to her exhusband. Gianna's birth certificate, which was signed by both Andy and Aimee,
registered the status of Gianna as "legitimate," her surname carrying that of
Andy's and that her parents were married to each other.

a.) Can a judicial action for correction of entries in Gianna's birth certificate be
successfully maintained to:
i.) Change her status from legitimate to illegitimate; and
ii.) Change her surname from that of Andy's to AImee's maiden surname?
b.) Instead of a judicial action, can administrative proceedings be brought for the
purpose of making the above corrections?
c.) Assuming that Aimee is successful in declaring her former marriage void, and
Andy and Aimee subsequently married each other, would Gianna be legitimated?
(Bar Question)
8. Despite several relationships with different women, Andrew remained
unmarried. His first relationship with Brenda produced a daughter, Amy, now 30
years old. His second, with Carla, produced two sons: Jon and Ryan. His third,
with Donna, bore him no children although Elena has a daughter Jane, from a
previous relationship. His last, with Fe, produced no biological children but they
informally adopted without court proceedings. Sandy's now 13 years old, whom
they consider as their own. Sandy was orphaned as a baby and was entrusted to
them by the midwife who attended to Sandy's birth. All the children, including
Amy, now live with Andrew in his house.
a.) Is there any legal obstacle to the legal adoption of Amy by Andrew? To the
legal adoption of Sandy by Andrew and Elena?
b.) In his old age, can Andrew be legally entitled to claim support from Amy, Jon,
Ryan, Vina, Wilma, and Sandy assuming that all of them have the means to
support him?
c.) Can Amy, Jon, Ryan, Vina, WIlma, and Sandy legally claim support from each
other?
d.) Can Jon and Jane legally marry? (Bar Question)
9. 26-year-old Gav Mas Hermin Ghuckles is the Crowned Prince of the Kingdom
of Antartiqua, a small-island country located near Antartica. Civil war broke out in
the Kingdom. Gav Mas Hermin Ghuckles and the rest of the Royal Family went
into exile in Manila early this year. During his exile, Gav Mas Hermin Ghuckles
met Gigi, a 21-year-old Filipina nursing student residing in Manila. They fell in
love instantly and decided to get married. Both of them went to the local civil
registrar to apply for a marriage license.
a.) Can Gav Mas Hermin Ghuckles and Gigi file the required sworn application
for a marriage license jointly?
b.) What document does Gav Mas Hermin Ghuckles need to present to the local
civil registrar in order for the latter to issue him a marriage license?
c.) During the course of civil war, the rebel forces dropped a nuclear bomb on
Antartiqua which sunk the entire island-country and killed all of the inhabitants
therein. Now without a country, does Gav Mas Hermin Ghuckles still have to
obtain the required marriage license? (2008 SBC Pre-Week reviewer)

10. Siblings Geo, Gino, and Gelo were completely orphaned ten years ago when
both their parents died in plane crash. At that time, Geo was thirteen, Gino was
eleven, and Gelo was only six years old. Now 23 years old, Geo wants to marry
her boyfriend Ivan. Geo and Gino agreed that they would sell the home that their
parents left them to use some of the proceeds for Geo's wedding celebration and
the rest of the proceeds to pay the rentals in the apartment unit where Gino and
Gelo were going to move. Geo and Gino also agreed that Gelo will stay with Gino
until he graduates from high school. May Geo and Gino validly sell the house
their parents left them?
2012 Bar Exam Questions (Persons and Family Relations Law)
I
a) Roberto was in Nikko Hotel when he bumped into a friend who was then on
her way to a wedding reception being held in said hotel. Roberto alleged that he
was then invited by his friend to join her at the wedding reception and carried the
basket full of fruits which she was bringing to the affair. At the reception, the
wedding coordinator of the hotel noticed him and asked him, allegedly in a loud
voice, to leave as he was not in the guest list. He retorted that he had been
invited to the affair by his friend, who however denied doing so. Deeply
embarrassed by the incident, Roberto then sued the hotel for damages under
Articles 19 and 21 of the Civil Code. Will Robertos action prosper? Explain. (5%)
b) Ricky donated P 1 Million to the unborn child of his pregnant girlfriend, which
she accepted. After six (6) months of pregnancy, the fetus was born and baptized
as Angela. However, Angela died 20 hours after birth. Ricky sought to recover
the P 1 Million. Is Ricky entitled to recover? Explain. (5%)
II
b) The petitioner filed a petition for declaration of nullity of marriage based
allegedly on the psychological incapacity of the respondent, but the psychologist
was not able to personally examine the respondent and the psychological report
was based only on the narration of petitioner. Should the annulment be granted?
Explain. (5%)
III
a) Maria, wife of Pedro, withdrew P 5 Million from their conjugal funds. With this
money, she constructed a building on a lot which she inherited from her father. Is
the building conjugal or paraphernal? Reasons. (5%)
b) Cipriano and Lady Miros married each other. Lady Miros then left for the US
and there, she obtained American citizenship. Cipriano later learned all about this
including the fact that Lady Miros has divorced him in America and that she had
remarried there. He then filed a petition for authority to remarry, invoking Par. 2,

Art. 26 of the Family Code. Is Cipriano capacitated to re-marry by virtue of the

divorce decree obtained by his Filipino spouse who was later naturalized as an
American citizen? Explain. (5%)
IV
a) After they got married, Nikki discovered that Christian was having an affair with
another woman. But Nikki decided to give it a try and lived with him for two (2)
years. After two (2) years, Nikki filed an action for legal separation on the ground
of Christians sexual infidelity. Will the action prosper? Explain. (5%)
b) Honorato filed a petition to adopt his minor illegitimate child Stephanie,
alleging that Stephanies mother is Gemma Astorga Garcia; that Stephanie has
been using her mothers middle name and surname; and that he is now a
widower and qualified to be her adopting parent. He prayed that Stephanies
middle name be changed from "Astorga" to "Garcia," which is her mothers
surname and that her surname "Garcia" be changed to "Catindig," which is his
surname. This the trial court denied. Was the trial court correct in denying
Hororatos request for Stephanies use of her mothers surname as her middle
name? Explain. (5%)
V
a) Spouses Primo and Monina Lim, childless, were entrusted with the custody of
two (2) minor children, the parents of whom were unknown. Eager of having
children of their own, the spouses made it appear that they were the childrens
parents by naming them Michelle P. Lim and Michael Jude Lim. Subsequently,
Monina married Angel Olario after Primos death.
She decided to adopt the children by availing the amnesty given under R.A. 8552
to those individuals who simulated the birth of a child. She filed separate petitions
for the adoption of Michelle, then 25 years old and Michael, 18. Both Michelle
and Michael gave consent to the adoption.
The trial court dismissed the petition and ruled that Monina should have filed the
petition jointly with her new husband. Monina, in a Motion for Reconsideration
argues that mere consent of her husband would suffice and that joint adoption is
not needed, for the adoptees are already emancipated.
Is the trial court correct in dismissing the petitions for adoption? Explain. (5%)
b) Jambrich, an Austrian, fell in-love and lived together with Descallar and bought
their houses and lots at Agro-Macro Subdivision. In the Contracts to Sell,
Jambrich and Descallar were referred to as the buyers. When the Deed of
Absolute Sale was presented for registration before the Register of Deeds, it was
refused because Jambrich was an alien and could not acquire alienable lands of
the public domain. After Jambrich and Descallar separated, Jambrich purchased
an engine and some accessories for his boat from Borromeo. To pay for his debt,
he sold his rights and interests in the Agro-Macro properties to Borromeo.
Borromeo discovered that titles to the three (3) lots have been transfereed in the
name of Descallar. Who is the rightful owner of the properties? Explain. (5%)

2013 Bar Exam Questions (Persons and Family Relations Law)

I.
You are a Family Court judge and before you is a Petition for the Declaration of
Nullity of Marriage (under Article 36 of the Family Code)filed by Maria against
Neil. Maria claims that Neil is psychologically incapacitated to comply with the
essential obligations of marriage because Neil is a drunkard, a womanizer, a
gambler, and a mama's boy- traits that she never knew or saw when Neil was
courting her. Although summoned, Neil did not answer Maria's petition and never
appeared in court.
To support her petition, Maria presented three witnesses- herself, Dr. Elsie Chan,
and Ambrosia. Dr. Chan testified on the psychological report on Neil that she
prepared. Since Neil never acknowledged n9r responded to her invitation for
interviews, her report is solely based on her interviews with Maria and the
spouses' minor children. Dr. Chan concluded that Neil is suffering from
Narcissistic Personality Disorder, an ailment that she found to be already present
since Neil's early adulthood and one that is grave and incurable. Maria testified
on the specific instances when she found Neil drunk, with another woman, or
squandering the family's resources in a casino. Ambrosia, the spouses' current
household help, corroborated Maria's testimony.
On the basis of the evidence presented, will you grant the petition? (8%)
2014 Bar Exam Questions (Persons and Family Relations Law)
I. Ariz and Paz were officemates at Perlas ng Silangan Bank (PSB). They fell in
love with each other and had a civil and church wedding. Meanwhile, Paz rapidly
climbed the corporate ladder of PSB and eventually became its Vice President,
while Ariz remained one of its bank supervisors, although he was short of 12
units to finish his Masters of Business Administration (MBA) degree.
Ariz became envious of the success of his wife. He started to drink alcohol until
he became a drunkard. He preferred to join his barkadas; became a wife
beater; would hurt his children without any reason; and failed to contribute to the
needs of the family. Despite rehabilitation and consultation with a psychiatrist, his
ways did not change.
After 19 years of marriage, Paz, a devout Catholic, decided to have their
marriage annulled by the church. Through the testimony of Paz and a
psychiatrist, it was found that Ariz was a spoiled brat in his youth and was
sometimes involved in brawls. In his teens, he was once referred to a psychiatrist
for treatment due to his violent tendencies. In due time, the National Appellate
Matrimonial Tribunal (NAMT) annulled the union of Ariz and Paz due to the failure
of Ariz to perform and fulfill his duties as a husband and as a father to their

children. The NAMT concluded that it is for the best interest of Paz, Ariz and their
children to have the marriage annulled.
In view of the NAMT decision, Paz decided to file a Petition for Declaration of
Nullity of Marriage of their civil wedding before the Regional Trial Court (RTC) of
Makati City using the NAMT decision and the same evidence adduced in the
church annulment proceedings as basis.
If you are the judge, will you grant the petition? Explain. (5%)
VI.
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? (4%)
XX. Mabuhay Elementary School organized a field trip for its Grade VI students
in Fort Santiago, Manila Zoo, and Star City. To be able to join, the parents of the
students had to sign a piece of paper that reads as follows:
I allow my child (name of student), Grade Section, to join the schools field trip
on February 14, 2014. I will not file any claim against the school, administrator or
teacher in case something happens to my child during the trip.
Joey, a 7-year-old student of Mabuhay Elementary School was bitten by a snake
while the group was touring Manila Zoo. The parents of Joey sued the school for
damages. The school, as a defense, presented the waiver signed by Joeys
parents.
Was there a valid waiver of right to sue the school? Why? (4%)

XXIII. After undergoing sex reassignment in a foreign country, Jose, who is now
using the name of Josie, married his partner Ador. Is the marriage valid? (1%)
(A) Yes, the marriage is valid for as long as it is valid in the place where it is
celebrated following Article 17 of the Civil Code.
(B) Yes, the marriage is valid if all the essential and formal elements of marriage
under the Family Code are present.
(C) No, the marriage is not valid because one essential element of marriage is
absent.
(D) No, the marriage is not valid but is voidable because Josie concealed her
real identity
XXIV. Ted, married to Annie, went to Canada to work. Five (5) years later, Ted
became a naturalized Canadian citizen. He returned to the Philippines to
convince Annie to settle in Canada. Unfortunately, Ted discovered that Annie and
his friend Louie were having an affair. Deeply hurt, Ted returned to Canada and
filed a petition for divorce which was granted. In December 2013, Ted decided to
marry his childhood friend Corazon in the Philippines. In preparation for the
wedding, Ted went to the Local Civil Registry of Quezon City where his marriage
contract with Annie was registered. He asked the Civil Register to annotate the
decree of divorce on his marriage contract with Annie. However, he was advised
by the Civil Law - Bar Exams 2014 - Final 12 National Statistics Office (NSO) to
file a petition for judicial recognition of the decree of divorce in the Philippines.
Is it necessary for Ted to file a petition for judicial recognition of the decree of
divorce he obtained in Canada before he can contract a second marriage in the
Philippines? (4%)
XXVIII. Spouses Esteban and Maria decided to raise their two (2) nieces, Faith
and Hope, both minors, as their own children after the parents of the minors died
in a vehicular accident. Ten (10) years after, Esteban died. Maria later on married
her boss Daniel, a British national who had been living in the Philippines for two
(2) years. With the permission of Daniel, Maria filed a petition for the adoption of
Faith and Hope. She did not include Daniel as her co-petitioner because for
Maria, it was her former husband Esteban who raised the kids.
If you are the judge, how will you resolve the petition? (4%)
2015 Bar Exam Questions (Persons and Family Relations Law)
III.
Julie had a relationship with a married man who had legitimate children. A
son was born out of that illicit relationship in 1981. Although the putative father
did not recognize the child in his certificate of birth, he nevertheless provided the
child with all the support he needed and spent time regularly with the child and

his mother. When the man died in 2000, the child was already 18 years old so he
filed a petition to be recognized as an illegitimate child of the putative father and
sought to be given a share in his putative father's estate. The legitimate family
opposed, saying that under the Family Code his action cannot prosper because
he did not bring the action for recognition during the lifetime of his putative father.
a) If you were the judge in this case, how would you rule? (4%)
b) Wishing to keep the peace, the child during the pendency of the case
decides to compromise with his putative father's family by abandoning his petition
in exchange for Yi of what he would have received as inheritance if he were
recognized as an illegitimate child. As the judge, would you approve such a
compromise?
IV.
Bert and Joe, both male and single, lived together as common law spouses and
agreed to raise a son of Bert's living brother as their child without legally adopting
him. Bert worked while Joe took care of their home and the boy. In their 20 years
of cohabitation they were able to acquire real estate assets registered in their
names as co-owners. Unfortunately, Bert died of cardiac arrest, leaving no will.
Bert was survived by his biological siblings, Joe, and the boy.
a) Can Article 147 on co-ownership apply to Bert and Joe, whereby all properties
they acquired will be presumed to have been acquired by their joint industry and
shall be owned by them in equal shares? (2%)
b) What are the successional rights of the boy Bert and Joe raised as their son?
(2%)
c) If Bert and Joe had decided in the early years of their cohabitation to jointly
adopt the boy, would they have been legally allowed to do so? Explain with legal
basis. (3%)
V.
Mrs. L was married to a ship captain who worked for an international maritime
vessel. For her and her family's support, she would claim monthly allotments
from her husband's company. One day, while en route from Hong Kong to
Manila, the vessel manned by Captain L encountered a severe typhoon at sea.
The captain was able to send radio messages of distress to the head office until
all communications were lost. In the weeks that followed, the search operations
yielded debris of the lost ship but the bodies of the crew and the passengers
were not recovered. The insurance company thereafter paid out the death
benefits to all the heirs of the passengers and crew. Mrs. L filed a complaint
demanding that her monthly allotments continue for the next four years until her
husband may be legally presumed dead because of his absence.
If you were the magistrate, how would you rule? (3%)
VI.

Kardo met Glenda as a young lieutenant and after a whirlwind courtship, they
were married. In the early part of his military career, Kardo was assigned to
different places all over the country but Glenda refused to accompany him as she
preferred to live in her hometown. They did not live together until the 12th year of
their marriage when Kardo had risen up the ranks and was given his own
command. They moved to living quarters in Fort Gregorio. One day, while Kardo
was away on official business, one of his military aides caught Glenda having sex
with the corporal assigned as Kardo's driver. The aide immediately reported the
matter to Kardo who rushed home to confront his wife. Glenda readily admitted
the affair and Kardo sent her away in anger. Kardo would later come to know the
true extent of Glenda's unfaithfulness from his aides, his household staff, and
former neighbors who informed him that Glenda has had intimate relations with
various men throughout their marriage whenever Kardo was away on
assignment.
Kardo filed a petition for declaration of nullity of marriage under Article 36. Based
on interviews from Kardo, his aide, and the housekeeper, a psychologist testified
that Glenda's habitual infidelity was due to her affliction with Histrionic Personality
Disorder, an illness characterized by excessive emotionalism and uncontrollable
attention-seeking behavior rooted in Glenda's abandonment as a child by her
father. Kardo himself, his aide, and his housekeeper also testified in court. The
RTC granted the petition, relying on the liberality espoused by Te v. Te and
Azcueta v. Republic. However, the OSG filed an appeal, arguing that sexual
infidelity was only a ground for legal separation and that the RTC failed to abide
by the guidelines laid down in the Molina case.
How would you decide the appeal? (5%)
XIV.
A driver of a bus owned by company Z ran over a boy who died instantly. A
criminal case for reckless imprudence resulting in homicide was filed against the
driver. He was convicted and was ordered to pay P2 Million in actual and moral
damages to the parents of the boy who was an honor student and had a bright
future. Without even trying to find out if the driver had assets or means to pay the
award of damages, the parents of the boy filed a civil action against the bus
company to make it directly liable for the damages.
a) Will their action prosper? (4%)
b) If the parents of the boy do not wish to file a separate civil action against. the
bus company, can they still make the bus company liable if the driver cannot' pay
the award for damages? If so, what is the nature of the employer's liability and
how may civil damages be satisfied? (3%)