Natapos na ang Bar! Eto na ang Suggested Answers sa Civil Law Bar Exam 2023
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- Опубліковано 2 жов 2024
- Natapos na ang 2023 Bar Exam! Here are the Suggested Answers to the Civil Law Bar Exam 2023! Let me know if parehas tayo ng mga sagot! 😊
#hernandobar #civillaw #suggestedanswers
Q #2 Atty. Isn't it that Mikael is Nina's Nephew by blood, since Nida (Mikael's biological Mother) is Nina's sister? Therefore Mikael and and Maricel are cousins by blood. Cousins are in fourth civil degree. Sec 1 art. 8 of the Family Code prohibits marriage of relatives up to the fourth civil degree. medyo nalito ako Atty. tama po ba?
I agree with you 100% kasi yan din and sagot ko na hindi pwede kasi prohibited pala sila under the law kasi 1st cousin.
I was thinking the same answer, collateral relatives whether legitimate or illegitimate up to the 4th civil degree cannot marry each other.
Hello Atty. Q#2 hindi po ba applicable ang article 38 of FC? Thank you po!
Atty, i was one of ur reviewees... I made it!!!! I will take my oath and sign the roll next week...Civil law was my highest... Thank u❤❤❤❤❤❤
Wow! Congratulations pañero! 😊
Q#2 Under art 38(1), marriage between collateral blood relatives, whether legitimate or illegitimate , up to fourth civil degree are viod ab initio by reason of public policy.
Very helpful to me Atty. God bless you po.
Hello Atty, thank you so much for your suggested answers and the amazing content that you provide. May I ask some advice for a fresh BAR passer on whether or not it is possible to start teaching in law schools around Manila especially like FEU, UE, Arellano and many more? What would be the best approach to start teaching in law schools? Thank you so much everything.
P.S. I also was in jurist review and loved your reviews.
Pwede rin po kaya Atty. on question no. 11 void assuming that the value of painting exceeds 5k?
atty pwede po kay dito ang donation propter nuptias?
@rioporto9290 It was a donation propter nuptias. Ang tanong, void ba yun?
Thank you Atty. The Civil Law Subject is my highest score in 2023 Bar Examinations, which significantly affects my general weighted average. God Bless you Atty.
If the bar examinees prepared 80?% passed the civil law
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Atty. Al Jumrani, I really enjoy your lecture especially on the way you express the suggested answers, is really brief, concise, and responsive. Maraming salamat sa pag share ng mga lessons mo. I really need in my review hopefully this year.
Atty. Baka meron din po kayo suggested answers for corporation 😊
Follow up po, under RA 11642, the effect on adoption, the adoptee will the legitimate son of the adopter for all intent and purposes. In relation to the question no. 2, di ba relative na so art. 37 fc will apply na, di ba?
Yes, this is correct! Make sure you cite the change introduced by the new adoption law 😊
Thank you atty. for sharing your suggested answers. More power and God bless.
No 7. Atty, if spotted issues by the the examinee is that the guy based he’s claim in support which is not the same as parental authority. Where parental authority will basically exclusively under PA of the mother unless exceptional in character which is not in the facts. Not mentioned the 7 years old. Would you think it can get 3/4 points ? Base on arguments 😢
Question number 2 sir. Hindi po ba void dahil collateral relatives sila mikael, being nephew of nina and maricel being daughter of nina? Cousins po sila mikael and maricel dba?
Atty ano po yung sinasabi nila na ang small claims daw po ay started from 5,000 up pls explain po thank you
Ang incest pa din. Kase mag pinsan sila, first cousin by blood. Anak sila ng magkapatid na Nina at nida. NAKAKA DIRI
No sounds
Atty, good evening. Paano yan magfirst cousin din sina Mikael at Maricel. Si Mikael anak sa kapatid Ni Ninasi Nida. question number 2., Atty.
Atty. In #3 is it safe provide article 4, inrel to art.8 of NCC citing the exemption that whenever it is favorable to the accused. Since this is a criminal action, the decision of the court can be use as a defense since it is favorable to him. 😊
Yes. The SC actually reasoned that any defense favorable to the accused should be considered. That’s why he was allowed to prove the nullity of the marriage as defense even without a prior judicial declaration
in #1, it should be stressed that Amado is a filipino citizen protected by Philippine law, it has force upon Chris even though as a foreigner he may refuse but as a father , the Philippine law strictly applies and superior to foreign laws in this case.
Attorney, good morning..saan po office ninyo, in case i need your help.. salamat po..God bless you..praise God.
Thank you, Atty. Up to the last minute, yung boses at dance steps niyo sa lmt ang na rerecall ko po. Praying magpapa picture po ako sa inyo na abogado na sa Dec.
Yes. Looking forward to seeing you all sa oath taking 🙏
III. Under the doctrine of immunity from suit, the State cannot be sued without its consent. How may the consent be given by the State? Explain your answer.
Hello po!Atty.ask ko lng need po ba nakapag aral sa college bago maka pasok sa law school?
ngayon lang ako nagka courage mag check ng suggested answers kasi nka pass na ako. i'm a mentee from jurist po
Good day Atty. Al, on question no.7 po, what if I am in favor of Billy, would the Examiner consider- the argument is against public moral ang job ng mother?
If you stated the rule first na sa mother dapat yung bata unless unfit sya on moral grounds, may credit pa din yun. 😊
On Question number 9 po Atty. Lani and Rufino left "4" children when they died yet ang naghati lang ng estate after nung sale nung 1/2 is Arturo & Bugoy only. How about the two other heirs po?
I am wondering the same thing. Pero hindi naman issue yung dalawang nawawalang kapatid. Ang issue is between Bienvenido and Spouses Cruz. Kaya yan ang sagot ko. Kung ikaw ang sasagot, how would you answer Question No. 9?
@@TheHowsofLaw hmm.. I see, copy po Atty., Thank you! kung ako po siguro, hmmm... Bienvinido's complaint will prosper but only to his proportionate share of the property. Settled is the rule that a co-owner has the right to alienate his pro-indiviso share in a co-owned property. Hence, bugoy has the right to sell his pro-indiviso share to sps cruz. However, he cannot assert claim or claim title to any specific portion of the property owned in common without an actual partition of the property being first done either by agreement between the 4 heirs or by judicial decree. Jurisprudence provides that the sale of a specific or definite portion of unpartitioned land is null & void with respect to co-owners who did not give their consent to the sale. (try lang po, diko din sure,hehe)
same po kami ni sir jason. may credit po kaya answers namin? 😢
@@JazeBlaze8 agree to this one. Bugoy's property right is limited to the 1/4 of the 1/2 of the whole property or to aliquot share of 1/8. As such, only the 1/8 is valid sale, the other 1/8 is null and void
Atty, sa #12 po, hindi po ba applicable ang Art. 900 of the Civil Code where it states that only ½ is the free portion that may be given by will and the widow is entitled to ½ as legitime? Even if it's not preterition, wouldn't it result in partial annulment of the institution of heirs instead to the extent that his legitime is prejudiced?
Salam po sir…an avid subscriber here🤗
No.8 , void partnership created hence co-ownership resulted. 3-4 points what you think not perfect but ?
No.9 , pro indiviso share without the partition. Hence sale is subject To subrogarion of right where the buyer steps into the shoes of the obliges. How much your points 3 or 4 ?
Tanong ko lang po.... legal po ba na ipagtanggol ng mga ABOGADO ang isang KRIMINAL o mamamatay tao o isang RAPIST na kahit mas malamang ay isa syang KRIMINAL?
Attorney, sa question no 2. You suggested that they can marry each other. However, in the facts given, they were first cousins because the boy is the son of the sister who died, eventually the surviving sis adopted him. Her own daughter and pamangkin adopted son will marry each other. My question now is allowed na ba sa Phil law Ang marriage between first cousins?
At the time of marriage, hindi na sila mag pinsan. Inadopt na si boy. So half siblings sila. Adopted and illegitimate child of the same adopter
@@TheHowsofLaw naku atty sagot ko jan bawal sila ikasal kasi mag pinsan sila at dahil ngayon nirerecognize n ng batas na ung adopted child ay same as legitimate child... mali pla sagot ko.
@impenetrablelegalese2410 May tama ka naman 😊
@@TheHowsofLaw salamat atty. Fav ko talaga civil law tas pag ikaw nag lelecture hindi ako masyado nabobore makinig at manood. Thank you!
@@TheHowsofLawatty salamat naka pasa ako sa 2023 bar exam 😭
Sir can we legally reason that Mikael and Maricel cannot marry for lack of parental advice due to no marriage license issued? Ang tanong is if they can get married
sa question no. 2 atty, dba sister si nina at the deceased mother of mikael? so 1st cousin sila dba po?
Same po tayo ng napansin.
When Nina adopted Mikael, hindi na sya pamangkin. Anak na sya ni Nina 😊
@@TheHowsofLaw Atty if anak na sya ni Nina so di na mag first cousin si Maricel at Mikael? magkapatid na? please enlighten me Atty.
@user-iv4tj7lt2c Tama. Magkapatid na sila dahil adopted si Mikael. Pwede ang sagot incestuous marriage dahil between legitimate and illegitimate siblings dahil an adopted child is a legitimate child
@@TheHowsofLaw so void po sya Atty?
Hello, Atty. On Q8, pwede po ba iinvoke ang Parol Evidence Rule since the contract was reduced in writing?
Sir may i ask lang po sa No. 2 question.
Hindi po sila mag pinsan sila Mikael at Maricel? So under our law they can't get married because it is incestuous marriage.
Ps. Legal management graduate lang po ako at planning to enter law school next year.
May bagong adoption law po
Hello Atty,
On number 2 can i invoke paragraph 1 of art 38 of the family code, because it is within the 4th civil degree of consanguinity? Thank you Sir!
Magpinsan sila nung una pero nung inadopt na si boy, naging half sibling na sila. Hindi na sila magpinsan. 😊
same question, so the blood relation is not based really on blood but on law? since inadapt na si boy?
@@TheHowsofLaw question again sir will this not cicumvent the law? Thank you sir 🙏🙏🙏
Yes, the prohibition is based on law. That’s why it’s called void for reasons of public policy.
@joseemanuel The law does not make sense. Bawal ang adopted at legitimate child of the adopter adopter. Pero pwede ang adopted at illegitimate child of the adopter.
Hello Atty, in question #2, can I argue otherwise that, notwithstanding he is an adopted child of Nina, Mikael is first and foremost a first cousin of Maricel, a collateral blood relative in the 3rd degree which is prohibited by Article 38(1) of the Family Code?
That argument can be given credit. This question can elicit at least three answers, yours included
@@TheHowsofLaw Thank you po Attorney. ❤️
SC: Law Cannot Alter Blood Relationships. They are still related by blood. They cannot deny that.
Sa tingin ko po ang sagot lang ninyo ang tama. Kung sabit na sila sa pinakauna sa listahan sa Art 38 ng FC, hindi na talaga sila pwedeng mag-asawa.
Hi Atty. Thank you very much for your suggested answers. It was very informative indeed. May I just respectfully clarify the answer to Question No. 2? In this problem, is it not that Mikael, notwithstanding his adoption by his mother's sister Nina is still the 1st cousin of Maricel, her being the latter's daughter? As such, Mikael and Maricel are collateral blood relatives of the 4th civil degree. Under the Family Code, marriages are void from the beginning for reasons of public policy between collateral blood relatives whether legitimate or illegitimate up to the fourth civil degree. Therefore, Maricel and Mikael cannot validly get married. Please enlighten me.
The marriage is void applying the new Adoption Law, making the adopted child a legitimate child of the adopter. They are considered brothers and sisters of the half blood. Hence, the marriage is incestuous.
Nasa bahay po... back to work
Atty., ang sakit naman yung binitawan mo na word sa question no. 6.. "BASIC"
Aww. Sorry naman 🤗
I just started viewing your channel Attorney. Thank you po. Sakto maaral ko po to para sa Civ Rev namin.
Good luck to your Civ Rev class! 😊
Thank you Atty.!
Nasa bundok po 😅
more questions and answers lodi!
Q8 Po Atty. Cant the law on partnership be used po in the sharing of profits and expenses. Thanks po atty.
No. There was no partnership. Co-ownership lang. Apply Art. 485 of the Civil Code.
Salamat po.
Tama ang sagot ko
Indeed you have been a blessing to me in my review.. Thank you very much.
Thank you! It is my honor and pleasure. God bless! 🙏
@@TheHowsofLaw Thank you for your reply.
Atty. Pwedi po pala mag inherit ang illegitimate child sa relatives nang parent sa number 13?
So far, based on Art 982 of the Civil Code and the Amadea Aquino jurisprudence, from the grandparents lang.
salamat po Atty.@@TheHowsofLaw
Hope you don't mind po Sir Atty ba. Just asking lang po.
Sa Question No. 2 po kasi. Ginagamitan ko po ng Logic.
Di ba po. Mag-first cousin sila ni Mikael at ni Maricel?
Kasi magkapatid po yung mga Biological Mother nila eh.
Magkapatid po si Nida na Biological Mother ni Mikael at yung si Nina naman na Biological Mother ni Maricel.
Same thoughts dito ako nalito since technically mag first cousin sila. 😔 Need enlightenment sa issue na to.
Tama kayo. Art 38 of FC prohibits them from getting married due to consanguinity. Blood relatives sila within the 4th degree.
Sa palagay ko, mali si Atty sa sagot niya.
Thank you, thank you, Atty. Jumrani.
Hello po Atty. Di po ba 16yrs older dapat si adopter kay adoptee?
Yes. 16 years older than the adoptee. May exceptions but not applicable here
Great videos po Atty!
Sir nabar send mi
Thank you atty ❤️
Thank you Atty
No.2 Incestuous marriage
I agree. The suggested answer is based only on the strict interpretation of Art. 38, FC
Good evening Atty.
Atty sa question no. 8 po, pede ba natin i apply ang obligatory force of contract under Art 1159 of NCC which states that Obligations arising from contracts has a force of law between the parties and should be complied in good faith. Furthermore, contracting parties may stipulate clause, terms and conditions as they may deemed convenient provided that it is not contrary to law , morals and public policy.
In the given case, Niccolo and Meann agreed in writing that the benefits as well as the charges affecting the property would be equal hence the proceeds of the fruits / rent should be 50%.
Thank you po.
Stipulation is void (period)
Contrary to law on partnership kaya naging void law on partnership will govern
Apply Art. 485 of the Civil Code
@@TheHowsofLaw Thank you po atty. Salamat sa mga videos nyo po.
sir, art. 485 is a provision on co-ownership. Is this not fall within the purview of partnership? kc under partnership law, sharing of profit and loss is based on agreement. if none, pro rata. asking lng po. im curious kc unfair ung agreement ng sharing. but under the law on partnership, the agreement shall prevail bec. that is their intention. intention matters.
Sino po yung nag tuturo ng remedial law? Para po ma follow po hehe
😅ppp😅ppp
😅ppp😅ppp
Hay kala ko magpinsan
In-adopt na kasi sya
Atty. for #2 is it possible to invoke a voide marraige between brothers and sisters, whether legitimate and illegitimate under Art 37 of FC and relate it to the new Administrative Adoption Law that the adopted children are legitimate children of the adopter?
This is also correct! You have to cite the new adoption law in the answer 😊
@@TheHowsofLawThank you Atty. pati na rin po sa LMT nyo and sa mahiwagang fishbowl. Random po kasi sequence ng questions sa Bar and magkasunod ang question sa adoption and yung sa marriage kaya nagamit ko agad sa both questions ang new adoption law.
@kent028 Sa galing mo mag-analyze ng problem, deserved mo pumasa. Praying for you! See you sa MCLE! 😊
This is also my answer Atty. I cited the new adoption law, wherein Mikael and Nina are now considered siblings after Nina adopted Mikael. :) I hope I will still get points with this answer 🙏
@aleeyasmile Actually, good thinking on your part! Your answer should be given full credit. 😊
Para kang si chiz escudero mag salita atty! God speed helping Filipinos to become a great lawyer! ❤
Hi Atty. hindi po ba applicable yung case ng Masbate v Relucio sa Q7?
You can use the doctrines in Relucio like the mother has exclusive parental authority and custody over the illegitimate child and that a child of tender years cannot be separated from the mother. But note that in Relucio, the mother allegedly abandoned the child and the father had prior actual custody of the child. Magkaiba ang facts. Therefore, different outcomes 😊