UNIVERSITY OF SOUTHERN PHILIPPINES FOUNDATION

Salinas Drive, Lahug, Cebu City

Final Examinations

INSTRUCTIONS:

This written examination is composed of ten (10) items worth one hundred (100) points and good for
two (2) hours only;
Do not write anything on the first page rather, start answering on the second page of your booklet;
Every answer must be written at the right page of your booklet. If more than one page is consumed,
continue writing your answer on the next right page;
Do not ever write anything at the back portion of each pages of your booklet;
Follow the numbering used in this questionnaire;
Do not leave any item unanswered;
For the essay part, answer briefly, logically and legibly. A mere yes or no answer will not get any credit.
You may immediately submit your booklet along with the questionnaire once finished answering the
examination.
Anyone caught cheating will automatically get 5.0 for the particular examination.

Good luck and God bless!

I.

A. What is a Pre-Judicial Question? (5pts)

B. What are the elements of a pre-judicial question? (5pts)

II.

A. What is an independent civil action?(5pts)

B. Give at least two (2) examples of an independent civil action? (5pts)

III.
A. The following are the requisites of a valid marriage, except? (5pts)

A. Consent of both contracting parties;

B. Entered into between male and female;
C. Both parties must be at least 18 years old;
D. Marriage ceremony
E. Marriage license;
F. Conducted by the authorized Solemnizing Officer
G. All of the above
H. None of the above.

B. The following can solemnize marriages at all times, except?

A. Priest
B. Rabbi
C. Imam
D. Minister of a Religious Sect
E. Captain of the Ship/Airship

IV.
A. Give the definition of Marriage under Article 1 of the Family Code. (5pts)

B. Explain why marriage is considered as a special contract. (5pts)

V.
A. What is the so-called “Abuse of Right” principle? (5pts)

B. State the rule on unjust enrichment. (5pts)

VI.

A. What are the essential requisites of a contract of marriage”? (5pts)

B. Juana is a Muslim and the daughter of Pedro, while Juan is a Christian and the son of Pedring.
Both Pedro and Pedring are “kumpare”, as such, they decided that their respective children
should marry each other. While Juana and Juan do not have a genuine love and affection
towards each other, they still got married because of the dictates of their respective father.
What is the effect of their marriage? Cite your basis. (5pts)

VII.

A. What are the formal requisites of a contract of marriage? (5pts)

B. Maria and Mario are lovers who are into a long-distance relationship. Mario is working in the
Philippines, while Maria is working outside the country. Believing that nothing can’t stop love
despite geographical distance, both decided to marry each other via video-conference. What
is the effect of their marriage? Cite our basis.(5pts)

VIII.
A. What are the elements of a contract? (5pts)

B. Ms. Lopez, being an entrepreneur, decided to sell mango float. One of her customers is a
certain, Allan. The latter decided to order 50 slices of mango float with a total cost of PHP
2,500. Based from the bare facts of the case, identify if there is consent, object and cause or
consideration.(5pts)

IX.
A. The following are the sources of Obligation, except? (5pts)

A. Delict
B. Quasi-Delict
C. Law
D. Jurisprudence
E. Agreements
F. Neogtiorium Gestio

B. Mr. Francis is a wealthy Bachelor. He went to the States leaving several properties such as a
plush condominium, a Lamborghini car and a P100,000.00 worth corgi dog. Knowing that Mr.
Francis did not appoint an overseer over his properties, his neighbor, Mr. Allan, unilaterally
preserved the same. When Mr. Francis came back to the Philippines, Mr. Allan asked for
compensation because of his alleged management over the former’s properties, including the
raising of the PHP 100,000.00 worth corgi dog. Mr. Francis refused to heed to Mr. Allan’s
demand and alleged that he did not give his consent to the preservation or management
thereof. Is Mr. Francis correct? Cite your basis. (5pts)

X.

A. When one will incur in delay”? (5pts)

B. Ms. Lopez is about to get married. Because she wanted to have a perfect wedding, she ordered
a giant six-layer cake from Blue Ribbon. The marriage ceremony ended without the cake being
delivered, not until the next day. Ms. Lopez wanted to sue Blue Ribbon for damages because it
incurred in delay in the delivery of the cake. Blue Ribbon, on its part raised the defense that it
will not be held liable for damages as Ms. Lopez neither specified the date of its delivery, nor
demanded delivery thereof on the wedding day. Is Blue Ribbon correct? Cite your basis (5pts)
Proverbs 3:5-6: “Trust in the LORD with all thine heart; and lean not unto thine own understanding. In
all thy ways acknowledge Him, and He shall direct thy paths”.