UNIVERSITY OF SANTO TOMAS
MULTIPLE CHOICE CIVIL LAW BAR EXAM 2013
SUGGESTED ANSWERS by: Assoc. Dean Viviana M. Paguirigan
I. Armand died intestate. His full-blood brothers, Bobby and Conrad, and
half-blood brothers, Danny, Edward and Floro, all predeceased him. The
following are the surviving relatives:
1. Benny and Bonnie, legitimate children of Bobby;
2. Cesar, legitimate child of Conrad;
3. Dante, illegitimate child of Danny;
4. Ernie, adopted child of Edward; and
5. Felix, grandson of Floro.
The net value of Armand's estate is P 1,200,000.
1) How much do Benny and Bonnie stand to inherit by right of
representation? (1%)
(A) P200,000
(B) P300,000
(C) P400,000
(D) P150,000
(E) None of the above.
ANSWER: E - In intestate succession if all the brothers and
sisters of the decedent predeceased the latter, the nephews and
nieces inherit in their own right or per capita and not by right of
representation. (See Article 975)
2) How much is Dante's share in the net estate? (1%)
(A) P150,000.
(B) P200,000.
(C) P300,000.
(D) P400,000.
(E) None of the above.
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, ANSWER: E- Dante will not inherit because his is an illegitimate
child of a legitimate half-brother of Armand thus the barrier
applies.
3) How much is Ernie's share in the net estate. (1%)
(A) P 0.
(B) P400,000.
(C) P150,000.
(D) P200,000.
(E) None of the above.
ANSWER: A - Ernie will not inherit because being an adopted
child of Edward, he cannot inherit from the relatives of the latter
as the adoption creates only a relationship between adopter and
adopted. (Sayson v. CA 205 SCRA 321)
4) How much is Felix's share in the net estate? (1%)
(A) P400,000.
(B) P150,000.
(C) P300,000.
(D) P0.
(E) None of the above.
ANSWER: D – Felix is not entitled to inherit because the right of
representation in the collateral line is only available to nephews
and nieces of the decedent and not to grandnephews or
grandnieces.
II. A, B, C and D are the solidary debtors of X for P40,000. X released D from
the payment of his share of PI 0,000. When the obligation became due
and demandable, C turned out to be insolvent.
Should the share of insolvent debtor C be divided only between the two
other remaining debtors, A and B? (1%)
(A) Yes. Remission of D's share carries with it total extinguishment of
his obligation to the benefit of the solidary debtors.
(B) Yes. The Civil Code recognizes remission as a mode of
extinguishing an obligation. This clearly applies to D.
(C) No. The rule is that gratuitous acts should be restrictively
construed, allowing only the least transmission of rights.
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MULTIPLE CHOICE CIVIL LAW BAR EXAM 2013
SUGGESTED ANSWERS by: Assoc. Dean Viviana M. Paguirigan
I. Armand died intestate. His full-blood brothers, Bobby and Conrad, and
half-blood brothers, Danny, Edward and Floro, all predeceased him. The
following are the surviving relatives:
1. Benny and Bonnie, legitimate children of Bobby;
2. Cesar, legitimate child of Conrad;
3. Dante, illegitimate child of Danny;
4. Ernie, adopted child of Edward; and
5. Felix, grandson of Floro.
The net value of Armand's estate is P 1,200,000.
1) How much do Benny and Bonnie stand to inherit by right of
representation? (1%)
(A) P200,000
(B) P300,000
(C) P400,000
(D) P150,000
(E) None of the above.
ANSWER: E - In intestate succession if all the brothers and
sisters of the decedent predeceased the latter, the nephews and
nieces inherit in their own right or per capita and not by right of
representation. (See Article 975)
2) How much is Dante's share in the net estate? (1%)
(A) P150,000.
(B) P200,000.
(C) P300,000.
(D) P400,000.
(E) None of the above.
1
, ANSWER: E- Dante will not inherit because his is an illegitimate
child of a legitimate half-brother of Armand thus the barrier
applies.
3) How much is Ernie's share in the net estate. (1%)
(A) P 0.
(B) P400,000.
(C) P150,000.
(D) P200,000.
(E) None of the above.
ANSWER: A - Ernie will not inherit because being an adopted
child of Edward, he cannot inherit from the relatives of the latter
as the adoption creates only a relationship between adopter and
adopted. (Sayson v. CA 205 SCRA 321)
4) How much is Felix's share in the net estate? (1%)
(A) P400,000.
(B) P150,000.
(C) P300,000.
(D) P0.
(E) None of the above.
ANSWER: D – Felix is not entitled to inherit because the right of
representation in the collateral line is only available to nephews
and nieces of the decedent and not to grandnephews or
grandnieces.
II. A, B, C and D are the solidary debtors of X for P40,000. X released D from
the payment of his share of PI 0,000. When the obligation became due
and demandable, C turned out to be insolvent.
Should the share of insolvent debtor C be divided only between the two
other remaining debtors, A and B? (1%)
(A) Yes. Remission of D's share carries with it total extinguishment of
his obligation to the benefit of the solidary debtors.
(B) Yes. The Civil Code recognizes remission as a mode of
extinguishing an obligation. This clearly applies to D.
(C) No. The rule is that gratuitous acts should be restrictively
construed, allowing only the least transmission of rights.
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