.

While in Afghanistan, a Japanese by the name of Sato sold to Ramoncito, a FIlipino, a parcel of land
situated in the Philippines which Sato inherited from his Filipino mother.
a.) What law governs the formality in the execution of the contract of sale? Explain your answer and give
its legal basis.
b.) What law governs the capacity of the Japanese to sell the land? Explain your answer and give its legal
basis.
c.) What law governs the capacity of the FIlipino to buy the land? Explain your answer and give its legal
basis.

2. Yvette was found to be positive for HIV virus, considered sexually transmissible. Her boyfriend, Joseph
was aware of her condition and yet married her. After two (2) years of cohabiting with Yvette, and in his
belief that she would probably never be able to bear him a healthy child, Joseph now wants to have his
marriage with Yvette annulled. Yvette opposes the suit contending that Joseph is estopped from
sseeking annulment of their marriage since he knew even before their marriage that she was afflicted
with HIV virus. Can the action of Joseph for annulment of his marriage with Yvette prosper? Discuss
fully.

3. Isidro and Irma, FIlipinos, both 18 years of age, were passengers of Flight No. 317 of Oriental Airlines.
The plane they boarded was of Philippine registry. While en route from Manila to Greece, some
passengers hijacked the plane, held the chief pilot hostage at the cockpit and ordered him to fly instead
to Libya. During the hijacking, Isidro suffered a heart attack and was on the verge of death. SInce Irma
was already 8 months pregnant by Isidro, she pleaded the hijackers to allow the assistant pilot to
solemnize her marriage with Isidro. Soon after the marriage, Isidro expired. As the plane landed in Libya,
Irma gave birth. However, the baby died a few minutes after complete delivery.

Back in the Philippines, Irma immediately filed a claim for inheritance. The parents of Isidro opposed her
claim contending that the marriage between her and Isidro was void ab initio on the following grounds:
(a) they had not given their consent to the marriage of their son; (b) there was no marriage license; (c)
the solemnizing officer had no authority to perform the marriage; and (d) the solemnizing officer did not
file an affidavit of marriage with the proper civil registrar. Resolve each of the contentions (a to d) raised
by the parents of Isidro. Discuss fully.

4. Ana Rivera had a husband, a FIlipino citizen like her, who was among the passengers on board a
commercial jet plane which crashed in the Atlantic Ocean ten (10) years earlier and had never been
heard of ever since. Believing that her husband had died, Ana married Adolf Cruz Staedtler, a divorced
German national born of a German father and a Filipino mother residing in Stuttgart. To avoid being
required to submit the required certificate of capacity to marry from the German Embassy in Manila,
Adolf stated in the application for marriage license that he was a Filipino citizen. With the marriage
license stating that Adolf was a Filipino, the couple got married in a ceremony officiated by the Parish
Priest of Calamba, Laguna in a beach in Nasugbu, Batangas, as the local parish priest refused to
solemnize marriages except in his church. Is the marriage valid? Explain fully. (Bar Question)

5. At age 18, Marian found out that she was pregnant. She insured her own life and named her unborn
child as her sole beneficiary. When she was already due to give birth, she and her boyfriend Pietro, the
father of her unborn child, were kidnapped in a resort in Bataan where they were vacationing. The
military gave chase and after one week, they were found in an abandoned hut in Cavite. Marian and
Pietro were hacked with bolos. Marian and the baby delivered were both found dead, with the baby's
umbilical cord already cut. Pietro survived.
a.) Can Marian's baby be the beneficiary of the insurance taken of the life of the mother?
b.) Between Marian and the baby, who is presumed to have died first?
c.) Will Pietro, as surviving biological father of the baby, be entitled to claim the proceeds of the life
insurance on the life of Marian? (Bar Question)

6. Roderick and Faye were high school sweethearts. When Roderick was 18 and Faye, 16 years old, they
started to live together as husband and wife without the benefit of marriage. When Faye reached 18
years of age, her parents forcibly took her back and arranged for her marriage to Brad. Although Faye
lived with Brad after the marriage, Roderick continued to regularly visit Faye while Brad was away at
work. During their marriage, Faye gave birth to a baby girl, Laica. When Faye was 25 years old, Brad
discovered her continued liason with Roderick and in one of their heated arguments, Faye shot Brad to
death. She lost no time in marrying her true love Roderick, without a marriage license, claiming that
they have been continuously cohabiting for more than 5 years.
a.) Was the marriage of Roderick and Faye valid?
b.) What is the filiation status of Laica?
c.) Can Laica bring an action to impugn her own status on the ground that based on DNA results,
Roderick is her biological father?
d.) Can Laica e legitimated by the marriage of her biological parents? (Bar Question)

7. Gianna was born to Andy and Aimee, who at the time of Gianna's birth were not married to each
other. While Andy was single at the time, Aimee was still in the process of securing a judicial declaration
of nullity on her marriage to her ex-husband. Gianna's birth certificate, which was signed by both Andy
and Aimee, registered the status of Gianna as "legitimate," her surname carrying that of Andy's and that
her parents were married to each other.

a.) Can a judicial action for correction of entries in Gianna's birth certificate be successfully maintained
to:
i.) Change her status from legitimate to illegitimate; and
ii.) Change her surname from that of Andy's to AImee's maiden surname?

b.) Instead of a judicial action, can administrative proceedings be brought for the purpose of making the
above corrections?

c.) Assuming that Aimee is successful in declaring her former marriage void, and Andy and Aimee
subsequently married each other, would Gianna be legitimated? (Bar Question)

8. Despite several relationships with different women, Andrew remained unmarried. His first
relationship with Brenda produced a daughter, Amy, now 30 years old. His second, with Carla, produced
two sons: Jon and Ryan. His third, with Donna, bore him no children although Elena has a daughter Jane,
from a previous relationship. His last, with Fe, produced no biological children but they informally
adopted without court proceedings. Sandy's now 13 years old, whom they consider as their own. Sandy
was orphaned as a baby and was entrusted to them by the midwife who attended to Sandy's birth. All
the children, including Amy, now live with Andrew in his house.
a.) Is there any legal obstacle to the legal adoption of Amy by Andrew? To the legal adoption of Sandy by
Andrew and Elena?
b.) In his old age, can Andrew be legally entitled to claim support from Amy, Jon, Ryan, Vina, Wilma, and
Sandy assuming that all of them have the means to support him?
c.) Can Amy, Jon, Ryan, Vina, WIlma, and Sandy legally claim support from each other?
d.) Can Jon and Jane legally marry? (Bar Question)

9. 26-year-old Gav Mas Hermin Ghuckles is the Crowned Prince of the Kingdom of Antartiqua, a small-
island country located near Antartica. Civil war broke out in the Kingdom. Gav Mas Hermin Ghuckles and
the rest of the Royal Family went into exile in Manila early this year. During his exile, Gav Mas Hermin
Ghuckles met Gigi, a 21-year-old Filipina nursing student residing in Manila. They fell in love instantly
and decided to get married. Both of them went to the local civil registrar to apply for a marriage license.
a.) Can Gav Mas Hermin Ghuckles and Gigi file the required sworn application for a marriage license
jointly?
b.) What document does Gav Mas Hermin Ghuckles need to present to the local civil registrar in order
for the latter to issue him a marriage license?
c.) During the course of civil war, the rebel forces dropped a nuclear bomb on Antartiqua which sunk the
entire island-country and killed all of the inhabitants therein. Now without a country, does Gav Mas
Hermin Ghuckles still have to obtain the required marriage license? (2008 SBC Pre-Week reviewer)

10. Siblings Geo, Gino, and Gelo were completely orphaned ten years ago when both their parents died
in plane crash. At that time, Geo was thirteen, Gino was eleven, and Gelo was only six years old. Now 23
years old, Geo wants to marry her boyfriend Ivan. Geo and Gino agreed that they would sell the home
that their parents left them to use some of the proceeds for Geo's wedding celebration and the rest of
the proceeds to pay the rentals in the apartment unit where Gino and Gelo were going to move. Geo
and Gino also agreed that Gelo will stay with Gino until he graduates from high school. May Geo and
Gino validly sell the house their parents left them?

Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of
persons are binding upon citizens of the Philippines, even though living abroad.
Theories on Personal Law:
1. Domiciliary theory the personal laws of a person are determined by his domicile
2. Nationality theory the nationality or citizenship determines the personal laws of the
individual
Under Article 15, the Philippines follows the nationality theory. Family rights and duties, status
and legal capacity of Filipinos are governed by Philippine law.
General Rule: Under Article 26 of the Family Code, all marriages solemnized outside the
Philippines in accordance with the laws in force in the country where they were solemnized and
valid there as such, is also valid in the Philippines.
Exception: If the marriage is void under Philippine law, then the marriage is void even if it is
valid in the country where the marriage was solemnized .
Exception to the exception:
1. Article 35, 2, Family Code
Art. 35. The following marriages shall be void from the beginning:
(2) Those solemnized by any person not legally authorized to perform marriages unless such
marriages were contracted with either or both parties believing in good faith that the solemnizing
officer had the legal authority to do so; 2.
Article 35, 3, Family Code Art. 35. The following marriages shall be void from the beginning:
(3) Those solemnized without license, except those covered the preceding Chapter; Even if the
foreign marriage did not comply with either s 2 and 3 of Article 35, Philippine law will recognize
the marriage as valid as long as it is valid under foreign law.
Art. 16, 1. Real property as well as personal property is subject to the law of the country where it
is stipulated.
Lex situs or lex rei sitae governs real or personal property (property is subject to the laws of the
country in which it is located).
In Tayag vs. Benguet consolidated, the SC said that Philippine law shall govern in cases
involving shares of stock of a Philippine corporation even if the owner is in the US. Art. 16, 2.
However, intestate and testamentary successions, both with respect to the order of succession
and to the amount of successional rights and to the intrinsic validity of testamentary provisions,
shall be regulated by the national law of the person whose succession is under consideration,
whatever may be the nature of the property and regardless of the country wherein said property
may be found.
This is merely an extension of the nationality theory in Article 15.
The national law of the decedent regardless of the location of the property shall govern. Thus,
the national law of the decedent shall determine who will succeed.
In Miciano vs. Brimo, the SC said that the will of a foreigner containing the condition that the
law of the Philippines should govern regarding the distribution of the properties is invalid.
In Aznar vs. Garcia, what was involved was the renvoi doctrine. In this case, the decedent was
a citizen of California who resided in the Philippine. The problem was that under Philippine law,
the national law of the decedent shall govern. On the other hand, under California law, the law of
the state where the decedent has his domicile shall govern. The SC accepted the referral by
California law and applied Philippine law (single renvoi).
Problem: What if the decedent is a Filipino domiciled in a foreign country which follows the
domiciliary theory? According to Professor Balane, one way to resolve the situation is this
Philippine law should govern with respect to properties in Philippine while the law of the
domicile should govern with respect to properties located in the state of domicile. Art. 17. The
forms and solemnities of contracts, wills, and other public instruments shall be governed by the
laws of the country in which they are executed. When the acts referred to are executed before the
diplomatic or consular officials of the Republic of the Philippines in a foreign country, the
solemnities established by Philippine laws shall be observed in their execution. Prohibitive laws
concerning persons, their acts or property, and those which have for their object public order,
public policy and good customs shall not be rendered ineffective by laws or judgments
promulgated, or by determinations or conventions agreed upon in a foreign country.
Lex loci celebrationis (formal requirements of contracts, wills, and other public instruments are
governed by the country in which they are executed)
There is no conflict between the 1st of Article 16 and the 1st of Article 17 since they talk of 2
different things.
Thus, the formal requirements of a contract involving real property in the Philippines must
follow the formal requirements of the place where the contract was entered into. However, if
what is involved is not the formal requirements, then the law of the place where the properties
(whether real or personal) are located shall govern.
Art. 18. In matters which are governed by the Code of Commerce and special laws, their
deficiency shall be supplied by the provisions of this Code.
III. Human Relations
Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act
with justice, give everyone his due, and observe honesty and good faith.
Art. 20. Every person who, contrary to law, willfully or negligently causes damage to another,
shall indemnify the latter for the same.
Art. 21. Any person who willfully causes loss or injury to another in manner that is contrary to
morals, good customs or public policy shall compensate the latter for the damage.
Art. 22. Every person who through an act of performance by another, or any other means,
acquires or comes into possession of something at the expense of the latter without just or legal
ground, shall return the same to him.
Art. 23. Even when an act or event causing damage to anothers property was not due to the fault
or negligence of the defendant, the latter shall be liable for indemnity if through the act or event
he was benefited.
Art. 24. In all contractual, property or other relations, when one of the parties is at a disadvantage
on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other
handicap, the courts must be vigilant for his protection.
Art. 25. Thoughtless extravagance in expenses for pleasure or display during a period of acute
public want or emergency may be stopped by order of the courts at the instance of any
government or private charitable institution.
Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his
neighbors and other persons. The following and similar acts, though they may not constitute a
criminal offense, shall produce a cause of action for damages, prevention and other relief:
(1) Prying into the privacy of anothers residence;
(2) Meddling with or disturbing the private life or family relations of another;
(3) Intriguing to cause another to be alienated from his friends;
(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place
of birth, physical defect, or other personal condition.
Art. 27. Any person suffering material or moral loss because a public servant or employee
refuses or neglects, without just cause, to perform his official duty may file an action for
damages and other relief against he latter, without prejudice to any disciplinary administrative
action that may be taken.
Art. 28. Unfair competition in agricultural, commercial or industrial enterprises or in labor
through the use of force, intimidation, deceit, machination or any other unjust, oppressive or
highhanded method shall give rise to a right of action by the person who thereby suffers damage.
Art. 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt has
not been proved beyond reasonable doubt, a civil action for damages for the same act or
omission may be instituted. Such action requires only a preponderance of evidence. Upon motion
of the defendant, the court may require the plaintiff to file a bond to answer for damages in case
the complaint should be found to be malicious. If in a criminal case the judgment of acquittal is
based upon reasonable doubt, the court shall so declare. In the absence of any declaration to that
effect, it may be inferred from the text of the decision whether or not the acquittal is due to that
ground.
Art. 30. When a separate civil action is brought to demand civil liability arising from a criminal
offense, and no criminal proceedings are instituted during the pendency of the civil case, a
preponderance of evidence shall likewise be sufficient to prove the act complained of.
Art. 31. When the civil action is based on an obligation not arising from the act or omission
complained of as a felony, such civil action may proceed independently of the criminal
proceedings and regardless of the result of the latter.
Art. 32. Any public officer or employee, or any private individual, who directly or indirectly
obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and
liberties of another person shall be liable to the latter for damages:
(1) Freedom or religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without due process of law;
(7) The right to a just compensation when private property is taken for public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in ones person, house, papers, and effects against unreasonable
searches and seizures;
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and correspondence;
(12) The right to become a member of associations or societies for purposes not contrary to law;
(13) The right to take part in a peaceable assembly to petition the Government for redress of
grievances;
(14) The right to be a free from involuntary servitude in any form;
(15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and counsel, to be informed of the nature
and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses
face to face, and to have compulsory process to secure the attendance of witness in his behalf;
(17) Freedom from being compelled to be a witness against ones self, or from being forced to
confess guilt, or from being induced by a promise of immunity or reward to make such
confession, except when the person confessing becomes a State witness;
(18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed
or inflicted in accordance with a statute which has not been judicially declared unconstitutional;
and
(19) Freedom of access to the courts. In any of the cases referred to in this article, whether or not
the defendants act or omission constitutes a criminal offense, the aggrieved party has a right to
commence an entirely separate and distinct civil action for damages, and for other relief. Such
civil action shall proceed independently of any criminal prosecution (if the latter be instituted),
and mat be proved by a preponderance of evidence. The indemnity shall include moral damages.
Exemplary damages may also be adjudicated. The responsibility herein set forth is not
demandable from a judge unless his act or omission constitutes a violation of the Penal Code or
other penal statute.
Art. 33. In cases of defamation, fraud, and physical injuries a civil action for damages, entirely
separate and distinct from the criminal action, may be brought by the injured party. Such civil
action shall proceed independently of the criminal prosecution, and shall require only a
preponderance of evidence.
Art. 34. When a member of a city or municipal police force refuses or fails to render aid or
protection to any person in case of danger to life or property, such peace officer shall be
primarily liable for damages, and the city or municipality shall be subsidiarily responsible
therefor. The civil action herein recognized shall be independent of any criminal proceedings,
and a preponderance of evidence shall suffice to support such action.
Art. 35. When a person, claiming to be injured by a criminal offense, charges another with the
same, for which no independent civil action is granted in this Code or any special law, but the
justice of the peace finds no reasonable grounds to believe that a crime has been committed, or
the prosecuting attorney refuses or fails to institute criminal proceedings, the complaint may
bring a civil action for damages against the alleged offender. Such civil action may be supported
by a preponderance of evidence. Upon the defendants motion, the court may require the plaintiff
to file a bond to indemnify the defendant in case the complaint should be found to be malicious.
If during the pendency of the civil action, an information should be presented by the prosecuting
attorney, the civil action shall be suspended until the termination of the criminal proceedings.
Art. 36. Pre-judicial questions, which must be decided before any criminal prosecution may be
instituted or may proceed, shall be governed by rules of court which the Supreme Court shall
promulgate and which shall not be in conflict with the provisions of this Code