Bar Exam 2024: Civil Law Predictions
Summary
TLDRThis video features a comprehensive review of potential 2024 Civil Law Bar exam questions in the Philippines, covering topics like the validity of wills by aliens, unjust enrichment, interference with economic relations, and issues of successional rights. It also delves into the intricacies of name changes, marriage formalities, and property rights, providing a valuable resource for law students preparing for their exams.
Takeaways
- ๐ The script discusses various legal scenarios related to the 2024 Civil Law Bar exam, covering topics such as wills, unjust enrichment, torts, and property rights.
- ๐ The importance of adhering to the formalities of wills under Philippine law is highlighted, especially when executed by an alien abroad.
- ๐ผ A case involving the refund of disallowed benefits to officials due to lack of legal basis is mentioned, questioning whether good faith can exonerate them from liability.
- ๐ก The script touches on the concept of unjust enrichment, specifically in the context of incorrect billings and the time limits for correcting them.
- ๐ค It addresses the validity of a distributorship agreement and the legal implications of interference by a third party, such as a local retailer.
- ๐ The script delves into the authority of courts to correct typographical errors in birth certificates, considering recent legislative changes.
- ๐ A scenario is presented where a marriage is challenged due to the absence of a marriage license and the authority of the solemnizing officer, exploring the potential outcomes.
- ๐ก The script discusses the rights and limitations regarding the disposition of conjugal or community property without proper consent or court authority.
- ๐จโ๐ฉโ๐งโ๐ฆ It examines the concept of substitute parental authority, particularly in cases involving illegitimate or adopted children, and the criteria for determining custody.
- ๐๏ธ The script explores the rights of co-owners in property, including the right of legal preemption and redemption, and the time frames within which these rights must be exercised.
- ๐ฅ A medical negligence case is presented, where a patient dies due to complications from surgery, raising questions about the surgeon's liability.
Q & A
What is the main topic discussed in the script?
-The script appears to be a set of predictions for the 2024 Civil Law Bar exam in the Philippines, covering various legal scenarios and questions related to civil law.
What is the significance of 'Lex loci celebrationis' in the context of the first question?
-In the context of the first question, 'Lex loci celebrationis' refers to the law of the place where an act is done, which is relevant for determining the formalities required for the validity of a will executed by a foreigner abroad.
What legal principle is being discussed in the second question regarding unjust enrichment?
-The second question discusses the principle of unjust enrichment under Article 22 of the Civil Code, where officials who received benefits without legal basis are ordered to refund the amounts, and the potential defense of good faith is considered.
What is the legal concept of 'toru interference' mentioned in the third question?
-The concept of 'toru interference' refers to the tort of interference with contractual relations, which is discussed in the context of a local retailer inducing a termination of a distributorship agreement, leading to a lawsuit for damages.
How does the fourth question relate to the process of correcting errors in a birth certificate?
-The fourth question examines the legal procedures for correcting typographical errors in a birth certificate under Rule 108 of the Rules of Court and the impact of Republic Acts 9048 and 10172, which have shifted the process to an administrative one.
What are the grounds for nullifying a marriage as presented in the fifth question?
-The fifth question presents the grounds for nullifying a marriage based on the lack of a marriage license and the lack of authority of the solemnizing officer, as claimed by one of the parties after a year of separation.
How does the concept of prescription of actions relate to the sixth question?
-The sixth question deals with the concept of prescription of actions, where a marriage's validity can be questioned even after the death of a party, and the legal standing of the deceased's relatives to assail the void marriage.
What is the legal implication of the sale of conjugal property without consent in the seventh question?
-The seventh question explores the legal implications of the sale of conjugal property without the consent of the other spouse, as outlined in Article 96 and 124 of the Civil Code, and whether such actions can be time-barred.
What rights do illegitimate children have regarding parental authority as discussed in the eighth question?
-The eighth question discusses the rights of illegitimate children in terms of parental authority, considering the situation where the child's biological parents are not married and the child's maternal grandparents seek custody.
How does the concept of 'presumption of legitimacy' apply to the ninth question?
-The ninth question addresses the 'presumption of legitimacy' under Articles 164 and 167 of the Civil Code, where a child born to married parents is presumed to be legitimate, even if the biological father is not the husband.
What is the legal basis for claiming moral damages in the twentieth question?
-The twentieth question discusses the legal basis for claiming moral damages under Article 2217 of the Civil Code, in the context of a dispute over disability benefits and differing medical opinions on an employee's condition.
Outlines
๐ Overview of the 2024 Civil Law Bar Exam Questions
This paragraph outlines the first set of questions from the 2024 Civil Law Bar Exam. Topics covered include the extrinsic validity of wills executed by aliens abroad, unjust enrichment, and the validity of certain legal formalities in various scenarios such as probate, government disallowances, and contracts. The questions examine different legal cases, testing the knowledge of candidates on civil law principles, including succession, marriage laws, and tortious interference.
โ๏ธ Legal Dilemmas: Faith, Enrichment, and Legal Authority
This paragraph continues with additional bar exam questions, focusing on good faith in legal disallowances, unjust enrichment involving electrical billing, tortious interference in business contracts, and the correction of errors in birth certificates. These questions challenge the examinees to apply civil code articles and legal precedents to complex legal situations, such as the liability of public officials for disallowed benefits and the legal implications of erroneous government actions.
๐ Complexities of Property and Family Law
This section introduces more bar exam questions, dealing with the disposition of conjugal property, substitute parental authority for illegitimate children, and the presumption of legitimacy in marriage. The scenarios presented involve complex legal disputes over property rights, custody of children, and the interpretation of family law provisions, particularly in cases where the formalities of legal agreements and the rights of family members are in question.
๐ก Land, Contracts, and Legal Disputes
This paragraph covers questions related to land registration, succession rights of illegitimate children, the validity of oral vs. written contracts, and the enforceability of real estate mortgages. The scenarios highlight legal challenges involving land possession, the inheritance rights of non-marital children, and the interpretation of contract law, requiring examinees to navigate the nuances of civil law in determining legal outcomes.
๐ฆ Mortgages, Medical Negligence, and Moral Damages
In this section, the bar exam questions delve into issues such as continuing guarantees in mortgages, the rights of buyers in good faith, medical negligence, and the grounds for claiming moral damages. Examinees are tested on their understanding of legal principles related to real estate transactions, medical malpractice, and the legal responsibilities of financial institutions, as well as the rights of individuals in cases of negligence and personal injury.
๐ Final Legal Scenarios and Predictions
The final section of the video script wraps up the bar exam questions, focusing on legal principles such as vested rights, the effects of psychological incapacity on marriage, and the presumption of regularity in notarized contracts. The speaker also offers words of encouragement to the examinees, wishing them success in their exams and emphasizing the importance of preparation and sacrifice in achieving their goals.
Mindmap
Keywords
๐กProbate
๐กUnjust Enrichment
๐กInterference
๐กChange of Name
๐กVoid Marriage
๐กPrescripti of Actions
๐กAlienation of Property
๐กSubstitute Parental Authority
๐กPresumption of Legitimacy
๐กEasement
๐กLand Registration
Highlights
Discussion on the validity of wills executed by an alien abroad under Article 17816 of the Civil Code.
Analysis of the formalities required for a will's probate, whether it should follow Philippine or California law.
Case study on unjust enrichment under Article 22 of the Civil Code, focusing on city officials and disallowed payments.
Examination of the liability of Benet Electric Cooperative for underbilling due to an incorrect multiplier.
Exploration of the legal consequences of interference in a distributorship agreement under Article 1314 of the Civil Code.
Debate on the courts' authority to correct typographical errors in birth certificates under Rule 108 and Republic Act 10172.
Analysis of the effects of absence, defect, or irregularity in the formal requirements of marriage under Article 4 of the Family Code.
Discussion on the legal standing to question the validity of a void marriage even after the death of a party.
Case analysis on the disposition of conjugal or community property without proper authority under Articles 96 and 124 of the Civil Code.
Exploration of substitute parental authority in cases of illegitimate and adopted children under Article 216 of the Family Code.
Discussion on the presumption of legitimacy under Articles 164 and 167 of the Civil Code in cases of children born out of wedlock.
Analysis of easement rights and the conditions under which a right of way can be demanded under Article 650 of the Civil Code.
Case study on land registration and the judicial confirmation of imperfect titles under Presidential Decree 1529.
Discussion on the successional rights of illegitimate or non-marital children under Articles 982 and 992 of the Civil Code.
Analysis of the validity, enforceability, and requirements of public instruments for contracts under Articles 1356 and 1358 of the Civil Code.
Debate on the differences between oral and written contracts, and the prescription of actions under Article 1144 of the Civil Code.
Case analysis on the implications of a continuing guarantee or dragnet clause in a real estate mortgage under Article 2219 of the Civil Code.
Discussion on the rights of a buyer and mortgagee in good faith under Section 32 of Presidential Decree 1529.
Analysis of the right of legal preemption and redemption within a specified time frame under Article 1623 of the Civil Code.
Case study on the special power of attorney in real estate mortgage under Article 1878 of the Civil Code and Act 3135.
Discussion on medical negligence and malpractice, focusing on a surgeon's liability for leaving surgical instruments inside a patient.
Analysis of moral damages under Article 2217 of the Civil Code in the context of employment and injury.
Overview of vested rights, the principle of ruling based on right and justice, and void marriages under various articles of the Civil and Family Codes.
Transcripts
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fish
Bish fish
n
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Prin
princess hello
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EX
2024 civil law bar
exam question number
one Lex loai celebration is extrinsic
validity of Wills executed by an alien
abroad article
17816 civil code Kar versus kikito the
situation a citizen of the State of
California USA died in the Philipp
before he died he executed a will back
in California he had cash and personal
properties in the Philippines the will
was presented for probate what
formalities of the will shall be
observed formalities under Philippine
law or California law if it is the
latter what if the California law is not
approved question number
two andjust enrichment soluo in De
article 22 2154 civil code abelia versus
Kaa galob versus Kaa and napor versus
Benet
electric the situation through a local
ordinance the city government paid
extraordinary and miscellaneous expenses
allowance or em to its officials which
were later disallowed by the commission
on audit for lack of legal basis the
officials who receiv receiv the benefits
were ordered to refund the amounts
they however claim good faith can good
faith exonerate them from liability to
settle the disallowances what are
allowed excuses for not returning the
disallowed
benefits Madame Madame May
possible thank you princess the other
situation the National Power Corporation
sold electricity to Benet Electric
Cooperative but due to an incorrect
multiplier Benet electric was under
build napor demanded payment of the
deficiency claiming that Benet electric
was unjustly enriched however Benet
electric asserts that napocor only had
90 days to correct erroneous Billings
some of the billing statements were more
than a year old is Benet electric liable
to pay the underbill
amounts question number
three toru interference article 1314
civil code the
situation Joe Malone entered into a
distributorship agreement with SSI for
the sale and marketing of Joe Malone
products in the Philippines a local
retailer named Nana Beauty contacted Joe
Malone's owners in New York and induced
Joe Malone to terminate its contract
with SSI making false claims against SSI
upon learning about the determination of
the distributorship agreement SSI filed
an action for damages against Nana
Beauty will the action
Prosper question number
four change of name article 376 civil
code rule 108 rules of Court Republic
act 904 8 Republic act
10172 republic versus
onuka the
situation Annabel gave birth to a baby
girl the child's birth certificate
however had erroneous entries in the
first name and middle name of Annabel
and in the relationship of the child's
parents it was stated that Annabel was
married to the child's father Annabel
filed a petition under rule 108 of the
rules of Court the Republic moved to
dismiss on the ground that the procedure
for change or correction of
typographical errors is now
administrative pursuant to Republic act
9048 as amended by Republic act
10172 are the courts without power and
authority to hear petitions for change
or correction of typographical errors in
the birth
certificate question number
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five effects of absence defect or
irregularity in the essential and formal
requisites of marriage Article 4 Family
Code the
situation Carlos and Chloe were
sweethearts for over a year they were
madly in love so they got married
through a fixer the fixer made them sign
an affidavit stating that they had been
cohabiting for more than 5 years as
husband and wives then they went to a
pastor who solemnized their marriage
after being shown the David neither of
them was a member of the pastor's Church
a year later Chloe left Carlos and filed
an action to nullify their marriage on
the grounds of lack of a marriage
license and lack of authority of the
solemnizing officer will chlo petition
Prosper question number
six impr prescripti of actions formality
of marriage and that void marriages can
be question questioned even after the
death of either party as the deceased
may have hirs with legal standing to
assail the void marriage Thomas versus
trono the situation Thomas was first
married to Jane after two years of
marriage Thomas filed an action to
declare the marriage void the court
granted the petition Thomas married
again this time to test they had a
daughter elira Thomas later died when
elira went to the court to get papers
connected to the case for the nality of
the marriage between Thomas and Jane it
was discovered that the decision was not
yet final because the Republic was not
served a copy of the decision the
Republic moved for a consideration and
prevailed alira filed an appeal the
Republic opposed the appeal claiming
that she had no legal standing that only
the parties to the marriage can question
its validity is the Republic correct
question number
seven disposition alienation or
encumbrance of conjugal or community
property without authority of the court
or the written consent of the other
spouse is void article 96 124 civil code
Alexander versus escalona strong Fort
warehousing versus bant the situation
George and Hillary were married in
1966 through through the years they
acquired real and personal properties in
1998 George waved in favor of his
illegitimate son Ray one of the real
properties without Hillary's consent Ry
later sold the property to Beatrice 5
years later Hillary sought to recover
the property because she did not give
her consent to its alienation both Ry
and beatric claimed that the action is
time barred what is the status of the
waiver and sale of the property can it
still be
recovered question number
eight substitute parental Authority in
case of illegitimate children and
adopted children article 216 Family Code
section 24K Republic act
11642 the situation Maria and Peter
cohabited without the benefit of
marriage they have a l child Charles
when Charles was three Maria and Peter
separated due to Maria's drug addiction
a year later Maria was arrested and
convicted of selling illegal drugs Peter
sought exclusive custody of Charles but
Mar Maria's parents Charles maternal
grandparents insisted that they should
take custody and exercise parental
authority over Charles who between Peter
and Charles maternal grandparents should
be granted substitute parental
Authority question question number
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nine presumption of legitimacy article
164 167 civil code the situation Louisa
and Noel were married for 7 years but
have been separated in fact for over a
year due to irreconcilable differences
Louisa now has a boyfriend Victor they
have a child Gabriel in Gabriel's birth
certificate his father is stated as
victim
moreover it is stated that Louisa and
Victor are married to avoid
embarrassment from having a child with a
man not her husband Louisa filed a
petition to correct the birth
certificate to delete the details about
Gabriel's father however the court
denied Louisa's petition and ordered
instead that the birth certificate
should reflect that Gabriel's father is
Noel because Gabriel is presumed
legitimate is the court correct
question number
10 eastment of right of way article 650
civil code the
situation Marissa purchased a triangular
shaped land in tanay Ral which was
surrounded on one side by a river and on
two sides by the property of Bernard
Marissa's only possible access to the
public road is through Bernard's
property Marisa demand Ed an eastment of
right of way through a 20 M path which
would cut through Bernard's garage
Bernard rejected the request and offered
another path which was three times the
length of the original requested pathway
if this case goes to court who should
the court side
with so
Mario lope
message
examin well yes CU
basic now to
continue question number
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11 land registration and judicial
confirmation of imperfect title PD 1529
as amended by ra1 1573 republic versus
passi gzel company the situation junisha
inherited a piece of land from his
father who for over 20 years was in open
continuous exclusive and notorious
possession of said land to protect his
rights to the land jisho filed an
application for original registration he
submitted proof that the land is
alienable and disposable agricultural
land the Republic opposed the
application claiming that the length of
possession is insufficient for
registration of lands and that junisha
failed to present proof that the land is
not reserved by the state for public use
public service and the development of
national wealth is the Republic's
opposition
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meritorious question number
12 successional rights of illegitimate
or non-marital children article 982 2
and 992 civil code aino versus aino the
situation Angela was the illegitimate
child of aruro who died before Angela
was born and before aruro and Angela's
mother could marry Arturo's family
embraced and took care of Angela and she
was treated like family when her
grandfather Arturo's father died Angela
asked about her share in The Inheritance
but her uncle Rodrigo told her that she
was not entitled to a share because she
was Arturo's illegitimate child who is
barred under the law to inherit from the
legitimate relatives of her father is
Rodrigo correct that Angela cannot
inherit from her grandfather now what if
it was Rodrigo who died without issue
will your answer be the
same question number
13 forms of contracts validity
enforceability and requirement of public
instrument article 1356 1358 and 14032
civil code P kak versus patena Desa the
situation Peter and Paul were the
children of Ricky and Amalia when their
parents died Peter and Paul asserted
control over the forers farm in tagum
City however they discovered that their
parents allegedly donated the property
to their aunt deina when they
investigate they found that the deed of
donation was not notorized and it does
not bear the acceptance of their aunt
the supposed dony they now claim that
the donation is void are they
correct question number
14 oral contract versus written contract
prescription of actions article 1144
11:45 of the civil code Alba versus
arado the situation Bora sold on credit
crude oil and petroleum products to Nita
their contract was merely verbal because
they were friends ninita paid her first
check in March
2018 however it was Dishonored by the
bank due to insufficient funds rodora
was not able to collect due to her busy
schedule and then the pandemic happened
on August 5 2024 rodora filed a
collection suit Nita moved to dismiss
the complaint on the ground of
prescription according to ninita an
action based on an oral contract
prescribed in 6 years rodora counter
argued that the issuance of the check
converted their agreement into a written
contract thus the applicable
prescriptive period should be 10 years
who is correct between rodora and
Anita question number
15 continuing guarantee Blan mortgage
Clause drug net Clause cambal versus
China
Bank the
situation elenita borrowed 1 million
pesos from XYZ Bank secured by a real
estate mortgage which included a blanket
mortgage clause or drug net Clause a
stipulation that the collateral shall
remain in effect for loans obtained in
the future a year later elenita borrowed
2 million pesos while the first loan was
paid the second loan was not XYZ bank
then foreclosed the mortgage property
elenita protested claiming that the
second loan agreement did not make
reference to the real estate mortgage
hence the second loan is an unsecured
loan obligation did the real estate
mortgage also secure elenita's second
loan question number 16
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buyer in good faith morgage in good
faith section 32 PD 1529 Jimenez versus
Jimenez the situation Kad owned a parcel
of land which he donated to Dennis after
getting a torren title Dennis mortgaged
the property to ABC Bank later due to
nonpayment the bank foreclosed the
mortgage property and acquired it during
the auction sale meanwhile kad's airs
filed action to annal the deed of
donation the real estate mortgage and
the Foreclosure sale on the ground that
Kad signature in the deed of donation
was forged ABC Bank opposed the Don the
action asserting that it is a mortgage
in good faith that it relied on Dennis's
torrent title and upon ocular inspection
was convinced that the property was in
The Possession and control of Dennis who
between kad's airs and ABC Bank has a
better right to the
property question number
17 right of legal preemption and
Redemption to be exercised within 30
days from receipt of written notice of
the sale article 1623 civil code Rama
versus
ngra the
situation RZA and roml were co-owners of
a 5 hectare Farmland in Amadeo Cavit in
late Jan January 2023 RZA sold her one
half undivided share to her sister
marimar the latter visited the farm and
started planting there on in October
2023 roml then filed a complaint with
the barangay to protest marim Mar's
actions during the conciliation
proceedings held in December 2023 roml
offered to redeem the property but
marimar argued that the time to exercise
the right of legal Redemption had long
expired since October 2023 roml had
personally known that RZA had sold her
share in the property to marimar roml
should have redeemed Risa share not
later than November 2023 has ROM lost
the right to redeem risa's share in the
co-owned
property question number
18 special power of attorney in real
estate mortgage article 1878 civil code
section 1 act 3135 commoner lending
Corporation versus
veva the situation julan borrowed
500,000 from Enrico evidenced by a loone
agreement with real estate mortgage due
to nonpayment enrio extrajudicially
foreclosed the mortgage property and
acquired it during the auction sale
Julian filed an action to annal the
extrajudicial forclosure sale claiming
that he did not expressly Grant enrio
the power to sell the property according
to julan act 3135 requires a special
power of attorney attached to the deed
of real estate mortgage enrio countered
that paragraph three of their agreement
allowed enrio to take any legal action
as may be necessary to satisfy the
Mortgage Debt who between julan and
enrio is correct
question number
19 medical negligence and malpractice
the
situation natividad underwent surgery
for assist in her lower abdomen post
surgery it was discovered that the two
GES were left inside her body these
Rogue goes led to several complications
and subsequent surgeries natividad
consequently died her husband filed an
action for medical negligence and
malpractice against the surgeon who
operated on natividad the surgeon
countered that it was not his
responsibility to account for the goes
that he simply operated on the patient
is the surgeon liable for medical
negligence question number
20 moral damages article 2217 civil code
scan field Maritime versus senteno the
situation Alvin was hired by SKT Agency
on on behalf of its foreign principal
Crystal shipping incorporated as a mess
person on board MV Northern stars on
Christmas Eve 2020 he fell from the
ladder while working resulting in
injuries the company designated
physician assessed his injuries and
issued a Certificate of Fitness for work
Alvin sought a second opinion from
another physician who concluded that he
was permanently disabled and unfit for
work he demanded this ability
compensation plus damages due to the
ship management agency's refusal to pay
his disability benefits is the
difference of opinion on the medical
condition and refusal to pay sufficient
ground to claim moral
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damages
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for article 47 civil code vested rights
principle article 910 civil code courts
to rule based on right and Justice nson
versus to
Flores article 36 Family Code void
marriages due to psychological
incapacity andal versus andal K versus
K
versus actions to recover ownership and
possession of real property action
interictal action Pana action
ricor legal basis jurisdiction at
prescription h article 681 civil code
naturally falling
fruits article 854 civil code pration
and
effects last presumption of regularity
authenticity and due execution of a
contract when notorized by a public
notary Chinko versus
Chinko that's all and all thank
you oh thank you Prince
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that's it guys the predictions for the
2024 C exam
[Music]
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know better than the rest of
us your preparation and sacrifices over
more than four years will carry you to
success now regardless of how many
predictions come true I hope you enjoy
this video as much as I did making it
and with that our session is
over goodbye M of good luck and God
bless you
all thank you princess and see you again
next year huh but I'll see you again
soon
guys this is the house of law bye guys
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okay now okay
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