Civil Law Review 2 - Balane - Finals 2012

・ィ
. ATENEO DE tt,tANILA
School of Law
FINAL EXAMINATION IN CIVIL LAW REVIEW II
Prof_R.F.Ba:ane 21 March 2012

6:00 to 9100 P.M.
:NSTRUC丁 :ONS:
USE DARK!NK.
４︰
2. SUBMiT YOUR QUES丁 :ONNバ :RE 丁OGETHER

WittH YOUR EXAM B00KLE丁 .
3. WR!丁 E:N YOUR EXAM B00KLE丁丁HE LE丁丁ER

WH:CH REPRESENTS ttHE BEST ANSWER,
NOTHiNG MORE.. WR:TE THE LET 「 ER
CLEARLY AND LEGIBLY. ONLY ONE LETttER
SHOULD BE WR:TTEN AS THE ANSWER.
(200/0)
A. Renato was an illegitimate child of Simeon by

the latter's mistress Shirley. Renato had two
paternal half-brothers. Serafin (legitimate child
of his father) and Niel (an illegitimate child of
his father by another mistress, Erika).
Renato was married to Tintin. They had

cohabited since 2008 but were childless. In
January 2011, as a result of Renato's diabetic
condition, he suffered multiple organ failure.
Lucid but at the point of death, Renato married
Tintin in the ICU of the Makati Medical Genter.
The ceremony was performed by Judge Miriam
Aguirre of the Farhily Gourt of Makati City.
Being a marriage in articulo mortis, no marriecl
license was deemed necessary. Two weeks
after the marriage ceremony, Renato was dead.
l-{e died intestate with an estate of 12 Million
Fesos. His survivors are his siblings Serafin
and Niel and his widow Tintin.
ノ
，一
ソ，
Derek - 600 ThorJsand
(c) Arnel - 6.75 Million
Benjie - 4.5 Million
Donna - 3.75 Million
(d) Arnel - 5.0625 Million
Benjie - 4.35 Million
Donna - 3.1875
Abbie - 600 Thousand
Annie - 600 Thousand
Bart - 600 Thousand
Derek - 600 Thousand
(e) Arnel - 8.25 Million
Benjie - 3 Million
Donna - 3.75 Million
(f) none of the above.
vf . (1o%l
Chito was hired by the Raintree Co., a BPO firm, as

one of its VE6-presi{ents in charge of bpgrations-
The contraci-bemeefi-him and Rs14llee stipulated,
inter alia: that Ghito during the period
'
of his
employment with and for two Years after
for'two
Se in or be involved with any
othJ
A couple of years after being hired, Chito resigned

from Raintree and immediatety joined another BPO
outfit as VP for operations.
Upon learning of this, Raintree sued Ghito for
breach of contract.
1. The clause in question is called:
(a) concentration;
(b) frustration of the enterPrise;
i;i g9n'in.rolvement clause I tt'n n' flotqPk)
9
(d) right of first refuSal;

(e) theorie d' imprevision.
2. The said clause:
(a) is void for being a contract of adhesion;
(b) is void for violating contractual freedom;
(c) is void for being contrary to public policy;
(d) , is -void for being _contrary to - good
/ customs;
(d, is valid, being a proper exercise of
autonomy of will; (1i," O 0rq/^ ,. Gkto)
(0 (a), (b), (c), and (d) above.
vrf . (s%l
An option contract (OC) differs from a right of first
refusal (RFR) in that:
/'
t/ t^1. . .an OC constitutes a dqfinite offer to sell (or
buy) a thing whereas a RF-R-Effiains Jp-firm /
offer to sef f ;
(b) an OG refers to a specific
- -- thing whereas a RFR X
does not; 〃ρ
--/L ″
(c) an OG specifies a pUitce whereas a,RFR does ^f "
not;
(d) an OC requires a consideration distinct trom., , r/
the price whereas a REB-does-not\-+ C. -$
ry
(e) an OC is enforceable whereas a RFR is not; '--f"-a'
(f) an OC is not withdrawable whereas a RFR is;

(g) all of the above;
ヽO JndQabov&・グ
(i) (a), (c), and (d) above.
10
VⅢ .(5%)
A suspensive⑩ nand aラ
夕pensivざ (lerrn)re
alike in the fo::Owing respectst 男
(a) they both referto a future eOent; /
(b) the Obligation to which they are atta:1「 di置

と―
not be demandable un:ess or un
happen; γ
」 y∠
″ ,
Ｃａ
the cgllor has to be alive at their happening;
:1絆』ョ
Ｃ
.I卜 ntthey rnust be agreed /

:::ミ
li°
(e)
瓢
all of the above;
〆
($ ) (a), (b), and (d) above;
/./
ゞ`趾
ヽ多 (
(g) (a), (b) and (c) above.

＼ c フアρ
じめ
:X.(15%) `
X extended an interest― free ioan to A,B,C,D,and
E in the amount of 120 Thousand P4os. The five
bound themse
arch 2012.
い n 物
Vゝ
1.
ゆ
Iy 2011 ´
i
イア
′場ハ
′/
シ
(a) the 19btOrs cl, Ray th'.e amOInt
つ even if the creditor is unwilling to accept;
″π (c)
(b) the creditor can demand the
′
entire
`チ
amount; 〆
the debtors can pay " @ of the debt
even without the creditorYconsent; ＼
︶ ‘
／ “ ¨
(011::嵩
綜翼L:=(Dfthe amount r/
同獅。
蒲
rc ndべ聖
dt°ρf tte/
(0 (a)and (d)abOve;/
(g) (a)and(C)abOVe.
2. Supposing the debt remained unpaid on 15

March 2012 and no demand had been made by
the creditor before then, but on thfi.date the 11
creditor wrote a tetter of demand tdc,lteceived /f

\_/ Jl
(a) :￨バ und to pay the entire

fど 31,Wil! bL b°
(b) C will have to pay only one-fifth of the メ
amount;
(c) A can validly pa! the creditor one-fifth of
the amount even if the laffer obiects; 〆
,メ
ケ IIfaying but he,TuSt
/
笏 11:(ξ :ltilTSIFi」
(e) the creditor can no !onger demand

payment frorll the other debtor,日 f´
嘔
≧」ai:S
to pay.
3. :f⊆ pays the entire amount andメごくurns out to

be inso:vent,
(a) C Cln recOVerfrom t:島 unt ,(

ラ多0 equiva:entto the inso :1:￨:it軍￨″ ]:;aT°
ジ
バ )ノイラ ′`′
η (b) ⊆i Can recover frorn the other debtors(A,
ナ0
αッ千
i:爾蠣麗糀
R,:l認 :賢ど事
魚、
イD
轡
‐
/
シ/'
12
(c) C bears the entire burden of the ×

insolvent's share;
alit[:(Iil171, /
メ :I::[ill111[li■
(つ (a)and(d)abOve;
(g) nOne Ofthe above.
X。 (15%)
J^y, a 17 year-old lpoy, purchased a lot from
Manjng. The ed Of tte針
V叩い多警 deed of sale stated,
誠戸in conformity \ryjth
Jay's representation
“ to Maning,tha
“ 翼■ 躍喜懲
os, upon the execution of the //2
Of 5≧ :じ ,representing one‐ ha:f ofthe
ｍ
。碗
ｎ
at which time the lot was to be turned over
Six months later, J.y, now turneO @ tendere O 2

payment of the balance and demanded-Tfre lot from
Maning. Maning refused the tender of the balance
and did not deliver the lot to Jay.
7
1. The contract of sale was:
(a) voidable;
(b) unenforceable; tA | .t
i.i voidable but later+at'iffi;- u^Wr?6
t{i both voidable and unenforceable; -< 4..b4
\(.0 voidable but validated by Jay's positivg. ,-a
\-/ misleplersnlalion;
(0 vil
(g) none of the above.4
2. Maning's refusal to accept the balance and to
deliver the lot:
ゝ憂1) COnstituted a breach of contract

IJ
(b) did not constitute a breach of contract,

because of Jay's misrepresentation of his
age;
(c) were unjustified but Maning can have the
contract annulled:
(d) were justifiecl provided he returned the
amount already paid by Jay;
(e) none of the above.
n1
3. Jay's demand to obtain the iot:
(a) was unlustit'1rdil"ifl"fhe contract was
voidable due to his minority; j
(b) was unjustified because the contract was
voidable due to the positive mis_
representation of his age;
(c) was gjgstifigd.hecause the contraet was
unenforceable;
was justified;
'Z{al
(e) was justified but subject to Maninq's riqht z
to have the contract annulled f* Ueing -,)
voidable.

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・ィ

FINAL EXAMINATION IN CIVIL LAW REVIEW II

Prof_R.F.Ba:ane 21 March 2012

2. SUBMiT YOUR QUES丁 :ONNバ :RE 丁OGETHER

3. WR!丁 E:N YOUR EXAM B00KLE丁 丁HE LE丁 丁ER

A. Renato was an illegitimate child of Simeon by

Renato was married to Tintin. They had

(f) none of the above.

Chito was hired by the Raintree Co., a BPO firm, as

A couple of years after being hired, Chito resigned

(d) right of first refuSal;

(f) an OC is not withdrawable whereas a RFR is;

(b) the Obligation to which they are atta:1「 di置

the cgllor has to be alive at their happening;

.I卜 ntthey rnust be agreed /

(g) (a), (b) and (c) above.

2. Supposing the debt remained unpaid on 15

creditor wrote a tetter of demand tdc,lteceived /f

(a) :￨バ und to pay the entire

(e) the creditor can no !onger demand

3. :f⊆ pays the entire amount andメ ごくurns out to

(a) C Cln recOVerfrom t:島 unt ,(

(c) C bears the entire burden of the ×

Six months later, J.y, now turneO @ tendere O 2

ゝ憂1) COnstituted a breach of contract

(b) did not constitute a breach of contract,

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3. WR!丁 E:N YOUR EXAM B00KLE丁丁HE LE丁丁ER

3. :f⊆ pays the entire amount andメごくurns out to