Civil Law Bar Questions and Answers Sample

Justiniano Montano (2nd Place, 1929) – Civil Law, 100%

Q.- Distinguish between nullity of marriage and divorce.

A.- Divorce presupposes a valid marriage while a nul­lity presupposes a vicious or voidable marriage.In nullity the cause exists before or at the time of the celebration; in divorce the causearises subsequent to the celebration.

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Q.- Differentiate between mortgage and sale with stipulation for repurchase.

A.- 1. Mortgage is an accessory contract while sale con pacto de retro is a principal contract.

2. In sale with. pacto de retro the title is conveyed; in mortgage not.

3. In sale with repurchase possession is transferred; in mortgage it is not transferred.

4. In sale with repurchase, title in the vendee becomes absolute the moment the period for redemption expires; in mortgage, foreclosure is necessary whether judicial or extra-judicial.

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Hermenegildo Atienza (1st Place, 1932) – Civil Law, 95%

Q.- A executes in favor of B a promissory note for P10,000.00, payable after two years, secured by a mortgage on a cement build­ing valued at P20,000.00. One year after the execution of the note the mortgaged building was totally burned. Can B demand from A the payment of the value of the note? Reason out your answer.

A.- A can demand the payment of the note. Mort­gage is an accessory obligation and the payment of the debt in this case is the principal obligation. Loss of the thing due extinguishes an obligation. But the extinguish­ment of an accessory obligation does not extinguish the principal obligation. The mortgage is lost and extinguished by the destruction of the mortgaged building. But it does not, as an accessory obligation, necessarily bring about the extinction of the principal obligation to pay the note.

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Arturo Tolentino (2nd Place, 1934) – Civil Law, 91%

Q.- A built a house on land belonging to B in the belief that the land was his own. The error discovered, B formally notified A that he elected to appropriate the house. All efforts to reach an agreement as to the sum to be paid to A having failed, A began an action to recover the expenditures incurred by him in building the house. The house was destroyed in a fire of purely accidental origin. Do you think that notwithstanding the loss of the house A would be entitled to recover from B the said expenditures? Why?

A.- A would be entitled to recover the expenditures incurred by him in building the house. The law provides that when something is built in good faith upon the land of another, the latter shall have the option to appropriate the same upon payment of the expenses to the builder, or to require the builder to pay the price of the land on which said building was constructed. In the exercise of this op­tion, B elected to appropriate the house. By so doing he incurred the obligation to pay the expenses to A, which is an obligation which does not depend on the continued existence of the house. It may be said that his exercise of the option given by law made the house his own by ac­cession. Res perit domino;hence, he must bear the loss and pay the expenses.

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