CIVIL LAW Answers To The BAR As Arranged by Topics

CIVIL LAW Answers to the BAR as Arranged by Topics (Year 1990-2006)
ANSWERS TO BAR
EXAMINATION QUESTIONS
IN
LAW
Answers
toas
the
BAR
as
Arranged
by1990-2006)
Topics
1990-2006)
CIVIL
LAW
Answers
toBAR
the
BAR
as Arranged
by(Year
Topics
(Year(Year
1990-2006)
Nature
of
Contracts;
Relativity of
Contracts
CIVIL
LAW
Answers
the
BAR
as
Arranged
by
Topics
(Year
1990-2006)
Leasee
&Diligence
Lessor;
and (1996)
Obligations
(1990)
CIVIL CIVIL
LAW
Answers
totothe
Arranged
by Topics
Family
Heirs;
Easements;
Defense;
Intestate
Home;
DueRight
Dwelling
Heirs;
of Way;
Reserva
House
inRights
Selection
Requisites
(1994)
Troncal
(1995)
Table
FORWARD
of Contents
GENERAL PRINCIPLES
(2003)................................................................................................................
..........................................................................................................................
.............................................................................................................
...............................................................................................................
(2002)
.........................................................................................................
......................................................................................................
9844
Leasee;
63
82
Heirs;
Ejectment
Rescission
112
24
Death
Intestate
Filing
Family;
Suit
Thereof;
of
of
Heirs;
vs.
Constitutional
Separate
Contracts;
Cancellation
Shares
Effects
CivilProper
Mandates;
(1997)
Action;
of TitleParty
(2005)
Need
Divorce
for
(1996)
(1991)............................................................................................................................
(2003)
Reservation
.............................................................................................................
..............................................................................................................
.........................................................................................................................
.........................................................................................................
(2003) ......................................................................................
63
82112
Ejectment
24 Marriage;
Fortuitous
98 Option
Suit;
45
Annulment;
Event;
Commodatum
to
Intestate
Buy;
Mechanical
Expired
Succession
Effects;
(2006)
Defects
Requisites
(2002)
Before
Remarriage
(1992)
..........................................................................................................................
(2001)
.............................................................................................................
.........................................................................................................................................
......................................................................................................................................
(1990) ...........................................................................
24 Marriage;
112 Liability;
63
Annulment;
Extra-Judicial
Airline Company;
Grounds
98
45Partition;
Sublease
Intestate
Non-Performance
Fraud
vs.
Succession
Assignment
of anof
OBLIGATIONS
.........................................................................................................................................................
83
Civil
vs.
Common
LawGambling
(1997)
(1991)law
(1997)
(1990)
Obligation
Lease;
.........................................................................................................................
.........................................................................................................................................
...........................................................................................................................
Aleatory
Rescission
(2004)
Contracts;
........................................................................
of Contract
(2005)(2004)
..............................................................................
...........................................................................................................................
112 Liability; Airline Company;
2563Marriage;
99
Hidden
Sublease;
Non-Performance
45Treasure
Annulment;
Intestate
Delay
(1995)
Succession
in
Judicial
ofPayment
an Obligation
of 83
How
would
you
compare
the....................................................................................................................................
Civil Law system
Conditional
Obligations
(2000)
83
Declaration
(1998)
(2005)
...............................................................................................................................................
Rentals
.........................................................................................................................................
........................................................................
(1994)
(1993)
.............................................................................................................
........................................................................................................
113 Liability; Employer; Damage caused
2599Marriage;
Sublease;
by64
Employees
46
Hidden
Annulment;
Intestate
Sublessee;
Treasures
(1997)
Succession
Legal
Liability
(1997)
Separation;
GENERAL PRINCIPLES ....................................................................................................................................... 10
in
its.........................................................................................................................................
governance
and
trend
with
that
of
the
Conditional
Obligations
(2003) ....................................................................................................................................
83
Prescription
(1998)
.............................................................................................................................................
(1999)
........................................................................................
........................................................................................................................
of Actions
(1996)
......................................................................
113
Liability; owner
25
who
Marriage;
was in
100
Annulment;
theSublease;
vehicle
64
Mortgage;
46
(1996)
Proper
Intestate
Sublessee;
Party
Pactum
Succession
Liability
Civil law vs. Common Law (1997) ................................................................................................................................ 10
Common
Conditional
Law
Obligations;
system?
Promise (1997) .....................................................................................................................
84
(1990).........................................................................................................................................
(1999)
Commissorium
(2000)
...........................................................................................................
...................................................................................................................
........................................................................................................................
(1999)
....................................................................................................................
114
Liability;
26
owner
Marriage;
100
who
Sublease;
was
Annulment;
46
64
inIntestate
Mortgage;
the
Validity;
vehicle
Proper
Succession
Assignment
Pactum
(1998)
Party
of
Effect of
Obiter & Dissenting Opinion; SC Decisions (1994) .........................................................................................
SUGGESTED
ANSWER:
Conditional
Obligations;
Resolutory Condition (1999) .................................................................................................
84
(1995).........................................................................................................................................
(2000)
Commissorium
Sublease
...........................................................................................................
...................................................................................................................
(1990)
(2001)
...................................................................................................
....................................................................................................................
114
Liability;
26
100
owner
Marriage;
who was
Divorce
46
65
inIntestate
Mortgage;
theDecree;
vehicle
Succession;
Void
Right
(2002)
Marriages
of Reserva
10
Effectivity
of
Laws
(1990)
As
regards
"governance":
Governance
in
Civil This
Extinguishment;
Assignment
of
Rights
(2001)
.............................................................................................................
(1992)
Troncal
Redemption
...........................................................................................................
........................................................................................................
(1999)
vs.is
.............................................................................................................
Equity
Redemptionfor
(1999)
................................................................................
114 Moral
26is
Marriage;
Damages
47Divorce
Legitime
& Atty
Fees
Nuisance;
(2002)
Filiation
FamilyofHouse;
Children
Not84
This
work
not ofintended
sale
or
commerce.
work
freeware.
It65Decrees;
may
be
freely
copied
and
COMMON
CARRIERS..........................................................................................................................................
100
............................................................................................................................................
10
Equity
follows
the
Law
Law
is
codal,
statutory
and
written
law. It is
Extinguishment;
Cause of(2000)
Action
(2004) ......................................................................................................................
85
Extraordinary
Diligence
..................................................................................................................................
100
(2005)............................................................................................................................................................
(1997)
Nuisance
............................................................................................................................
...............................................................................................
per
se (2006)
..................................................................................................
26
Marriage;114
Divorce
Moral
65
Nuisance;
Decrees;
Damages;
Filipino
Public
Non-Recovery
Nuisance
Spouses
47
Legitime;
becoming
vs.
Thereof
Private
(2003)......................................................................................................................................
10 Ignorance of the Law
additionally
derived
from case
law.........................................................................................................................
Common 27 Marriage; Divorce
Extinguishment;
Compensation
(2002)
85 101
Alien (1996)
Compulsory
Nuisance
(2006)
..........................................................................................................
(2005)
...........................................................................
Heirs
...............................................................................................
(2003)
..............................................................................................................................
115
65 Quasi-Delict
Ownership;
Decrees; Filipino
Co-Ownership
(1992)Spouses 47
(1992)
becoming
Alien
AGENCY
...................................................................................................................................................................
vs.
Mistake
of
Fact
(1996)
...........................................................................................................
11Legitime;
Inferior
Courts
distributed,
nevertheless,
PERMISSION
TO
COPY
from
the
editors
is
ADVISABLE
to protect
the
law
basically
derived
fromvs.case
law.
Extinguishment;
Compensation
Payment
(1998)
....................................................................................................
85
(1999)is
Compulsory
................................................................................................................................
....................................................................................................................................................
...........................................................................
Heirs
vs.
Secondary
Compulsory
Heirs
(2005)
..........................................................................
27
Marriage;
Donations
by
Reason
66
Ownership;
of
Marriage;
115
Co-Ownership;
Effect
Quasi-Delict
48
Preterition
of
Declaration
Prescription
(2005)
of
Agency (2003)
...........................................................................................................................................................
101
Decisions
(1994)
.................................................................................................................................. 11 Prejudicial
Extinguishment;
Compensation/Set-Off;
Banks
(1998) ................................................................................................
85
Nullity.........................................................................................................................................................
(2001)
(2000)
....................................................................................................................................................
...........................................................................................................
(1996) .....................................................
28 Marriage;
Grounds; Declaration
66 Ownership;
of Nullity:Co-Ownership;
Annulment:
115 Quasi-Delict;
Legal
Prescription
48 Separation:
Preterition;
contrary
Agency
vs.
Sale (2000)
..............................................................................................................................................
101
Questions
(1997)
........................................................................................................................................
11Acts(2002)
As
regards
"trend":
Civil
law
is now
tending to
PERSONS...................................................................................................................................................................
11
interest
of
the
ORIGINAL
SOURCES/REFERENCES
of
this
material.
It
is
primarily
intended
for
Extinguishment;
Condonation
(2000)
..........................................................................................................................
85
Separation
Compulsory
to
...........................................................................................................
morals
(1996)
of
Heir
Property
.............................................................................................................
(1999)
(2003)
............................................................................................................................
.....................
28
Marriage;
Grounds;
Nullity;
67
Annulment;
Ownership;
Legal
Co-Ownership;
115
Separation
Quasi-Delict;
Redemption
48
Mismanagement
Proceedings;
(1993)
of
Agency;
with
interest
(2001)
....................................................................................................................
rely more
and
more
on an
decisions
ofor
the
courts
Change
ofcoupled
Name;
Under
RA
9048
(2006)
......................................................................................................................
11
Extinguishment;
Extraordinary
Inflation
Deflation
(2001)
.........................................................................................
86
(1997).................................................................................
Intestate
Depositors
...........................................................................................................
Proceedings;
Account
(2006)
Jurisdiction
....................................................................................
(2004)
.............................................................................................
29
Marriage;
67
Legal
Ownership;
Separation;
116
Vicarious
Co-Ownership;
Declaration
Liability
Redemption
48
of
(1991)
Nullity
Succession;
(2000)
Death;
101
Agency;
Guarantee
Commission
explaining
the laws.
Common
law is(1998)
now..................................................................................................................
Death;
Effects;
Simultaneous
Death
Extinguishment;
Loss
(1994)
.......................................................................................................................................
(2002)
Presumptive
...........................................................................................................
...........................................................................................................................................
.............................................................................................
Legitime
(1991)
........................................................................................................
29 67
Marriage;
Ownership;
Legal
Co-Ownership;
Separation;
116Agency;
49
Vicarious
Grounds;
Wills;
Redemption
Codicil;
Liability
Prescriptive
(2002)
Institution
(2001)
Period
of 86
(2004)
.....................................................................................................................
101
Real
Estate
Mortgage
all
those
who
desire
to
have
a
deeper
understanding
of
the
issues
touched
by
the
Philippine
Bar
codifying
lawsofmore
and
more.Service
So they
are.......................................................................................................
12
Death;
Effects;
Simultaneous
Death
Extinguishment;
Loss;
Impossible
(1993)
86
(1994) (2004)
Heirs;
...........................................................................................................
...........................................................................................................................................
Substitution
................................................................................
Heirs
(2002)
....................................................................................
29 Marriage;
67Legal
Possession
Separation;
49Mutual
Wills;
117
Vicarious
Formalities
guilt
(2006)
Liability
(1990)(2002)
........................................................................................................................
101
Appointment
of
Sub-Agent
now
(1999)
merging
..................................................................................................................
towards
similar
systems.
12
Death;
Effects;
Simultaneous
Extinguishment;
Novation (1994).................................................................................................................................
87
(1998).......................................................................................................................................................
...........................................................................................................
..............................................................................................................................................
...........................................................................................................................................
29 Marriage; Non-Bigamous
117
50Vicarious
Wills;
Marriages
Holographic
Liability
68 (2006)
Property;
(2004)
Wills;
Real vs.vs.
(1999)
..............................................................................................................................
102
General
Agency
Death
(2000)
..................................................................................................................
12
Juridical
Capacity
vs.
Examinations
and
its
trend.
It
is
specially
intended
for
law
students
from
the
provinces
who,
very
Extinguishment;
Payment
(1995)
.................................................................................................................................
87
Insertions
Personal
..................................................................................................................
...........................................................................................................................................
Property
&Answers:
Cancellations
(1995) ................................................................................................................
(1996)................................................................................................................
.........................................................................................
30 Marriage; Property
50
117
Wills;
Vicarious
Relations;
68Holographic
Property;
Liability
VoidReal
Marriages
Wills;
(2006)
vs. Personal
Witnesses
(1991)
Special
Agency
(1992)
102
Powers
of
the
Additional
Capacity
to Act Joint
(1996)
...............................................................................................................
12
Juridical
Capacity;
Liability;
Lease;
Liability
(2001)
..........................................................................................................................
87
(1994)
Property
...................................................................................................
...........................................................................................................................................
..................................................................................................................
(1997)
................................................................................................................
30
Marriage;
Psychological
50
Wills;
68
Joint
117
Incapacity
Sower;
Wills
Vicarious
Good
(2000)
Faith/
Liability;
Bad
Public
Faith
Utility
(2000)
(1994)
........................................................................................................................................
102
Termination;
1. Agent
COMMON
LAW refers
to the traditional
Natural
Persons
(1999)
..................................................................................................................
13
Waiver
of Rights
Liability;
Solidary
Liability
(1998)
.................................................................................................................................
87
(1996)
(2000)
often,
...............................................................................................................................................
...........................................................................................................................
...................................................................................................................
.....................................................................................................................
are
recipients
of
deliberately
distorted
notes
from
other
69
30
118
Usufruct
Marriage;
unscrupulous
50
Psychological
Wills;
Probate;
law
Incapacity
Intrinsic
schools
Validity
and
Death
Agent
(1997)
.............................................................................................................
103
part Effect
ofPARTNERSHIP
theof
law
asofdistinct
from
legislation; it
......................................................................................................................................................
103
(2004)
...............................................................................................................................................
13
CONFLICT
OF
LAWS.............................................................................................................................................
13
Liability;
Solidary
Obligation
(1992)
.............................................................................................................................
88
(2006)
(1990)
(1997)
...................................................................................................................
............................................................................................................................................................
........................................................................................................................
31
Marriage;
51
Wills;
Probate;
Psychological
Notarial
Incapacity
69
and
Holographic
INTELLECTUAL
PROPERTY
...........................................................................................................................
118
refers
to the universal
part of
law as
distinct (1994) .................................................................................... 103
Composition
of
Partnerships;
Spouses;
Corporations
Appilicable
Laws;
laws(2004)........................................................................................................................................
contracts
(1992) .....................................................................................................
13
Liability;
Solidary
Obligation;
Mutual
Guaranty
.................................................................................................
88
Intellectual
Creation
(2006)
Wills
(1997)
...................................................................................................................
..................................................................................................
Wills;
31 Marriage;
RevocationRequisites
Wills; Dependent
Relative 118
LAND
TRANSFER
&governing
DEEDS...............................................................................................................................
69
from
particular
customs
(Encyclopedia
students.
Share
to
others
this
work
and(2003)
you
will..................................................................................................
be richly51rewarded
by of
God
in(1995)
heaven.
It is also
Conveyance
oflocal
aArts
Partners
Share
Dissolution
(1998)
Applicable
Laws;
15,
16 &
17 (1998)
.....................................................................................................................
13
Loss
of
the
thing
due;
Force
Majeure
(2000)
................................................................................................................
88
Acquisition
of
Lands;
Citizenship
Requirement
(2003)
.................................................................................................
69
Adverse
Revocation
.........................................................................................................................................
(2003)
...............................................................................
51
Wills;
Testamentary
31
Disposition
Marriage;
Requisites
(1999)
Americana,
Vol. 7). On the
other hand, CIVIL
103
Dissolution
of
Partnership
(1995)
Applicable
Laws;
Arts (1998)
15, 16,........................................................................................................................
17Subdivision
(2002) ........................................................................................................................
14
Non-Payment
of Levy
Amortizations;
Buyer;
89
Claims;
Notice
69
Annotation
(2006)
.........................................................................................................................................
52 Wills;
32
Marriage;
Testamentary
Requisites;
Intent (1996)
Marriage
LAW........................................................................................................................
is understood
to be that
branch of
law When justified (2005) ...................................................................
..............................................................................................................................
103
Dissolution
of
Partnership;
very
Applicable
good
karma.
Laws;
Capacity
to
Act
(1998)
......................................................................................................................
14
Period;
Suspensive
Period
(1991)
................................................................................................................................
89
Lis Pendens;
When Proper (2001)
..........................................................................................................
70
Foreshore
Licenseof(1996)
................................................................................................................................
............................................................................................................
52
32
Marriage; Requisites; Marriage
License
governing
the
relationship
of
persons
in
Termination
(1993)
.......................................................................................................... 104 Effect of Death of Partner
Applicable
Laws;
Capacity to Buy Land (1995) ............................................................................................................
15
Lands
...............................................................................................................................................
70ofForgery;
(2002)
............................................................................................................
33 Marriage; Requisites;
DONATION
................................................................................................................................................................
52
respect
of(2000)
their
personal and private interests
TRUST.........................................................................................................................................................................
89
(1997)
................................................................................................................................
104 Solemnizing
ObligationsOfficers
a Partner
Applicable
Laws;
Capacity
to
Contract
(1995)
..............................................................................................................
15
Donation
vs.
Sale
(2003)
..............................................................................................................................................
52
Innocent
Purchaser;
Holder
in
Bad
Faith
(2005)
.............................................................................................
70
Forgery;
(1994)
.......................................................................................................
33
Marriage; Requisites; Void Marriage (1993)
Express
Trust;
Prescription
(1997)
..............................................................................................................................
89
as
distinguished
from
both
public
and
(1992) ..................................................................................................................................
104 Obligations of a
Applicable
Laws;
capacity
to succeed
(1991)
...............................................................................................................
Donations;
Condition;
Capacity
to Sue
(1996)
.............................................................................................................
Innocent
Purchaser;
Mirror
Principle
(1991)
..................................................................................................
.................................................................................................................
33 Marriage; Void Marriages (2004) 104 71 Fraud; 5215
Implied
Trust
(1998).....................................................................................................................................................
international
laws.
Partner;
Industrial
Partner
(2001)
.....................................................................................................
C
OMMODATUM
&
M
UTUUM
....................................................................................................................................
Applicable
Laws;
contracts
contrary
to traditional
public
policy (1996) ........................................................................................
In
Donations;
Conditions;
countries,
Revocation
(1991)
...................................................................................................................
5315 104
Procurement
oflaw
Patent;
Effect
(2000)the
................................................................................................................
71
..................................................................................................................................
Marriage;
Marriages (2006)
90common
Trust;
Implied for some Bar34Questions
ResultingVoidwhich
Trust
We
would
like
to
seek
the
indulgence
of
the
reader
are
improperly
Commodatum
(1993)
.................................................................................................................................................
Applicable
Laws;
Contracts
of
Carriage
(1995)
............................................................................................................
16
Donations;
Effect;has
illegal
& the
immoral
conditions
(1997).................................................................................................
53
responsibility
most
part been
Homestead
Patents;
Voidfor
Sale
(1999)
..........................................................................................................................
71104
..................................................................................................................................
34 Marriage;
(1995)...........................................................................................................................
91 Void Marriages; Psychological
SALES..........................................................................................................................................................................
Commodatum
(2005)
.................................................................................................................................................
Applicable
Laws;
Labor
Contracts
(1991)
....................................................................................................................
16 91
Donations;
Formalities;
Mortis
Causa
(1990) ...............................................................................................................
with
Innocent
the
Purchaser
judges;
forin
Value
civil
(2001)
law
............................................................................................................................
countries,
the
Incapacity
(2002)
.........................................................................................
35
Parental Authority; Child under 7 years of age 7254
Assignment of Credit vs. Commodatum
Subrogation (1993) ...............................................................................................................
91
105
vs.
Usufruct
(1998)
Applicable
Laws;
laws
governing
marriages
(1992)
.....................................................................................................
17
classified
under
avs.topic
andSale
for
some
topics
which are
improperly
or Special
ignorantly
for72
the
Donations;
Formalities;
Mortis
Causa
(1998)
...............................................................................................................
54
Mirror
(1990)
.................................................................................................................................................
isPrinciple
primarily
reposed
on(1997)
the
lawmakers.
(2006)task
..................................................................................................
35 Parental
Authority;
Parentalphrased,
Authority; Liability
(
Conditional
Sale
Absolute
....................................................................................................................
91
.............................................................................................................................
105
Mutuum
vs. Commodatum
Applicable
Laws;
laws
governing
marriages
(2003)
.....................................................................................................
17
Donations;
Inter Forgery;
Vivos;
Acceptance
(1993) ..................................................................................................................
54
Mirror
Principle;
Innocenthowever,
Purchaser
(1999)
..................................................................................................
73
Contemporary
practices,
so
of Teachers
(2003)
.................................................................
35
Parental
Authority;
Substitute
vs.
Special
(2004)
Contract of
Sale vs. Agency to Sell (1999) ...................................................................................................................
91
(2004)
..............................................................................................................................
106 Mutuum; Interests
Applicable
Saletowards
of Real
Property
(1995).............................................................................................................
17
Donations;
Perfection
(1998)
.......................................................................................................................................
Notice
of Lis
Pendens
(1995)
.......................................................................................................................................
7354
indicate
aLaws;
trend
centralizing
that
.........................................................................................................
35
Paternity
& while
Filiationreviewing
(1999)
authors
are
Reviewees
have
prepared
this
work
for
the
Bar
Exams
Contract
ofjust
Sale;Bar
Marital
Community who
Property;
Formalities
(2006)
...............................................................................
91
(2001)
...........................................................................................................................................
106
Mutuum;
Applicable
Laws;
Succession;
Intestate
&
Testamentary
(2001)
...................................................................................
18
Donations;
Requisites;
Immovable
Property
................................................................................................................
55
Notice of Lis
Pendens;
Transfereegroups
Pendente Lite
73 92
function
professional
that(2002)
may..............................................................................................
..........................................................................................................................................
36 Paternity & Filiation; Artificial
Contract totoSell
(2001)
.................................................................................................................................................
Interests
(2002)
...........................................................................................................................................
106
Applicable
Laws;
Sucession
of assimilation
Aliens
(1995)
...............................................................................................................
18
Donations;
Unregistered;
Effects;
Non-Compliance;
Resolutory Condition (2006) .......................................................
Prescription
& Laches;
Elements
of
Laches
(2000)
......................................................................................................
7455
Insemination;
indeed,
Formalities
see
the
(2006)
gradual
...................................................................................
in
time
36
Paternity
&
Filiation;
Common-Law
Contract
to
Sell
vs.
Contract
of
Sale
(1997)
..................................................................................................................
92
Mutuum;
Interests
(2004)
...........................................................................................................................................
under
time
constraints
and Civil.
within
First
their
Edition
limited
Edited
knowledge
and Arranged
of 36
the
law.
by:&
We
would
likeLimitations;
to seek
the107
Applicable
Laws;
Wills
executed
abroad
(1993)
...........................................................................................................
18
DEPOSIT...................................................................................................................................................................
Donations;
Validity;
Effectivity;
for
Unborn
Child
(1999)
..............................................................................................
55
Prescription
& Laches;
Indefeasibility
Rule
of Torrens
Title-(2002)
..............................................................................
74
Unionof
(2004)
.........................................................................................................
Paternity
Filiation;
Proofs;
both
systems.
[Vitug,
Law
and
Contract
to Sell;
Acceptance;
Right oftheoretically
First Refusal (1991) .......................................................................................... 92
106
2.
In
Civil
Law,
the
statutes
Definition;
Cognovit;
Borrowing
Statute;
Characterization
(1994)
................................................................................
18
July
26, 2005
Compensation;
Bank
Loan
(1997)..............................................................................................................................
107
Donations;
with
Resolutory
Condition
(2003)
...............................................................................................................
56
Prescription
(1990)
......................................................................................................................................................
75
Adopted
Child
(1995)
...................................................................................
36
Paternity
&
Filiation;
Recognition
of
illegitimate
Jurisprudence,
p.
XX)
Double Sales (2001)..................................................................................................................................................... 92
take
precedence
decisions
Definition;
forum
non-conveniens;
statute (1994)
.........................................................................................
19
Deposit;
Exchange
(1992)..........................................................................................................................................
Atty. Janette
Laggui-Icao
and
Prescription;
Realover
Rights
(1992)
7556
Child
(2005)
.......................................................................................
37 this
Paternity
& Filiation; Rights of Legitimate Children (1990)
readers
indulgence
forcourt
a lot..................................................................................................................................
of long-arm
typographical
errors
in
work.
PROPERTY................................................................................................................................................................
Double
Sales (2004).....................................................................................................................................................
93
interpreting
Divorce;
effect
them;
of
divorce
while
granted
in
Common
to
former
Law,
Filipinos;
the
Renvoi
Doctrine
(1997)
.............................................................
19 107
107
Primary
Entry
Book; Acquisitive
Prescription;
Laches
(1998)
......................................................................................
76 56
...........................................................................................
37
Presumptive
SURETY....................................................................................................................................................................
Accretion;
Alluvion
(2001)
Atty.
Alex
Andrew
P. Legitime
Icao (1999)
Equitable
Mortgage
(1991)...........................................................................................................................................
..........................................................................................................................................
93
Domiciliary
theory
vs.
Nationality
Theory
(2004)
..........................................................................................................
19
court
decisions
resolving
specific
cases
are
Reclamation
of
Foreshore
Lands;
Limitations (2000)
...................................................................................................
.......................................................................................................................................
Recovery
ofAvulsion
Deficiency
(1997)
...................................................................................................................................
(Silliman
University College of Law) 38 Property Relations; Absolute 76 107
Accretion;
..........................................................................................................................................
Equitable Mortgage
vs.(2003)
Sale
(2005)
..............................................................................................................................
93
Forum
Nonlaw
Conveniens
&than
Lex(1994)
Loci
Contractus
19
regarded
as
rather
the.........................................................................................................................
statutes (2002).................................................................................................
Registration;
Deed
ofFaith
Mortgage
Community
(1994)
.........................................................................................................
38 Property Relations; Ante Nuptial 77 94
56
Builder;
Good
Immovable
Property;
Rescission
of Contract (2003) ....................................................................................................
ANTICHRESIS........................................................................................................................................................
107
Nationality
Theory
(2004)
.............................................................................................................................................
20
themselves
which
are,
at
the
start,
merely
Remedies;
Judicial
Confirmation;
Imperfect Title (1993) ..............................................................................................
77107
Agreement
(1995)
.....................................................................................................
39 Property Relations;57
Conjugal
Partnership
(1992)...........................................................................................................................................
Builder;
Good
Antichresis
(1995)
.....................................................................................................................................................
Maceda
Law
(2000)
......................................................................................................................................................
94
Latest
Edition
Edited
and
Arranged
by:
Naturalization
...................................................................................................................................................
embodiments
of(2003)
case
law. Civil
Law
is code
law
Remedies;
Judicial
Reconstitution
of Title
(1996)
........................................................................................................
77 20
of Gains
(1998)
...........................................................................................
39 Property Relations; Marriage Settlement;
Conjugal
Faith
vs.Law;
Bad
Faith
(1999)
.....................................................................................................................
57 Builder;
Maceda
Recto
Law
(1999)
....................................................................................................................................
95 108
PLEDGE
....................................................................................................................................................................
Theory;
significant
relationships
theory
(1994)
............................................................................................................
20
ROMUALDO
L.
SEERIS
II
or
written
law,
while
Common
Law
is
case
law.
Remedies;
Procedure;
Consulta
(1994)
........................................................................................................................
Partnership
Gains vs.
(2005)
39 Property Relations; Marriage Settlements (1991)
GoodofFaith
Bad..........................................................
Faith
(2000) .....................................................................................................................
5777 108
Option
Contract
(2002)
................................................................................................................................................
95
Pledge
(1994)
............................................................................................................................................................
Silliman
University
College
of
Law
Torts;
Period
(2004)
.................................................................................................................................
The Authors
Civil
LawPrescriptive
adopts
the
deductive
method
- from
Remedies;
Reconveyance
vs.
Reopening
ofAccession
a.......................................................................................................................
Decree;
Prescriptive
Period
(2003) ........................................................
.........................................................................................................
40 Property
Relations; Marriage Settlements (1995)78 21 95
Builder;
Good
Faith
vs.
Bad
Faith;
(2000)
Option
Contract;
Earnest
Money
(1993)
Pledge to
(2004)
............................................................................................................................................................
the
general
the particular,
while
the
Remedies;
Reconveyance;
Elements
(1995)Money
................................................................................................................
78 21
.........................................................................................................
4058
Property
Relations;
Obligations;
Benefit
of the
Family
ADOPTION.................................................................................................................................................................
...................................................................................................
Builder;
Good
Faith vs. Bad
Faith;
Presumption
Perfected
Sale;
Acceptance
of Earnest
(2002)Mortgage;
..................................................................................................
95
108
Pledge;
Antichresis
(1996)
Common
Law
uses
the
inductive
approach
Adoption;
Reconveyance;
Use
of
Surname
Prescriptive
of
her
Natural
Period
Mother
(1997)
.................................................................................................
(2006)
..............................................................................................
79
21
(2000) Remedies;
......................................................................................
41
Property
Relations;
Unions
without
Marriage
(1992)
(2001)................................................................................................
58 Chattel
Mortgage vs. Pledge (1999)
Redemption;
Legal; Formalities (2001) ........................................................................................................................
96
........................................................................................................................
108
QUASI-CONTRACT..............................................................................................................................................
from
the
particular
to
general.
Common
Remedies;
Inter-Country
Reopening
Adoption;
of athe
Decree;
Formalities
Elements
(2005)
(1992)..................................................................................................................
....................................................................................................
79 96 108
....................................................................................................
41 Property Relations; Unions
without
Marriage (1997)
.............................................................................................................................
58 Chattel
Mortgage;
Immovables
Redemption;
Legal;
Formalities
(2002)
........................................................................................................................
Quasi-Contracts;
Negotiorium
Gestio
(1992)
.............................................................................................................
109
Law
relies on equity.
CivilofLaw
anchors
itself...........................................................................................
21
Parental
Authority;
Rescission
Adoption
Torrens
vs. Recording
of Title................................................................................................................
(1994)
....................................................................................................
41 Property Relations;ofUnions59
without
Marriage
(2000) 80(1994)
(1994)..........................................................................................................................
Chattel
Mortgage;
Right ofSystem
First Refusal;
Lessee; Evidence
Effect
(1996)
96
Quasi-Contracts;
Negotiorium
Gestio
(1993)
.............................................................................................................
on
the
letter
of
the
law.
The
civilists
are
for
the
......................................................................................................
21
Qualification
Unregistered
(1991)Lessee;
............................................................................................................................................
8097
....................................................................................................
42
Immovables
(2003)..........................................................................................................................
59 of
Chattel Adopter
Right of FirstLand
Refusal;
Effect (1998) ................................................................................................................
CIVIL LAW
ARRANGED BY TOPIC
1990 2006)
From the ANSWERS TO BAR EXAMINATION QUESTIONS

by the UP LAW COMPLEX & Philippine Association of Law
109
Quasi-Contracts;
Negotiorium
Gestio22 Qualification
(1995)
judge-proof
law
even
as(1993)
the Common
Law Is
(2005)
....................................................................................................................................
of
SUCCESSION...........................................................................................................................................................
Mortgage;
Possession
..........................................................................................................................
60 42
CONTRACTS
............................................................................................................................................................
80
Schools
Right of
Repurchase
(1993)
.........................................................................................................................................
97
.............................................................................................................
109 Quasi-Contracts; Solutio Indebiti (2004)
judge-made
law. Civil Law judges are merely
Amount
of
Successional
Rights
(2004)
........................................................................................................................
Adopter;
Applicable
Law
(2001)Kinds
..........................................................................................................
22 Qualifications
Consensual
vs. RealPreference
Contracts;
Real
Contracts
(1998) ..................................................................................
80
Chattel Mortgage;
of
Creditors
(1995)
Transfer
of
Ownership;
Non-Payment
ofofthe
Price
(1991) .............................................................................................
97
....................................................................................................................
110
supposed
to
apply
laws
and
not
interpret
them.
42
Barrier
between
illegitimate
&
legitimate
relatives
(1993)
of
Adopter
(2000)
..................................................................................................................................
TORTS
&
DAMAGES
...........................................................................................................................................
Consideration;
Validity
........................................................................................................
60 Easement vs. Usufruct
Transfer
of Ownership;
Risk(2000)......................................................................................................................................
of Loss (1990) .................................................................................................................
97 22 110
.............................................................................................
42 Barrier between illegitimate 60
& legitimate
Collapse
of Structures;
Last
Clear Chance
(1990)......................................................................................................
110
Qualifications
Adopter
(2003)
..................................................................................................................................
80
Contract
of of
Option;
Elements
(1995)......................................................................................................................................
Easement;relatives
Effects;
LEASE..........................................................................................................................................................................
97
(1996)
.............................................................................................
43
Collation
(1993)
Damages
(1994).........................................................................................................................................................
23
Successional
Rights
of
Adopted
Child
(2004)
(2005)............................................................................................................................
81 Inexistent61Contracts
vs. 23
Discontinuous
Easements;
Permissive
Use
(2005)(1993)
........................................................................
Easement;
FAMILY
CODE..........................................................................................................................................................
Extinguishment;
Total
Distruction;
Leased
Property
.........................................................................................
97
111
...........................................................................................................................................................
Damages
from
Death
of
Unborn
Child
43 Disinheritance
..............................................................................................................
23
Annullable
Contracts
(2004)...................................................................................................
81 Nature
of61 (1991)
Nuisance;
Abatement
(2002)arising
......................................................................................................................
Emancipation
(1993)....................................................................................................................................................
23
Implied
New
Lease
.................................................................................................
vs. Preterition
(1993) (1999)............................................................................................................................................
............................................................................................................................
111
Damages
arising
from
Death
of
43
Unborn
Child
Contracts;
Obligatoriness
(1991)..................................................................................................................
81
Nature
Easements;
Classification
(1998).................................................................................................................................
Family
Code;
Retroactive
Application;
Vested
Rights
98
Lease (1999) ................................................................................................................................
of
Rural
(2000)
(2003)
.................................................................................................
111 Lands
Death
Indemnity
Disinheritance;
Ineffective
of
Contracts;
Privity
of
(1996) ............................................................................................................
82
62
Easements;
Right
of Contract
Way
(2000)........................................................................................
........................................................................................................................................
9824
Page
5
7
8
of
119
(1994)..............................................................................................................................................
111
43
Disinheritance;
Ineffective;
Preterition
(2000)
(1993).................................................................................................................................. 62 Easements; Right of
..............................................................................................................
44
Way (2000).................................................................................................................................. 62 Easements; Right
of Way; Inseparability (2001) ........................................................................................................... 62
cannot have the force of official precedents. It is as if the Court

were turning aside from the main topic of the case to collateral
subjects: a dissenting opinion affirms or overrules a claim, right or
obligation. It neither disposes nor awards anything it merely
expresses the view of the dissenter. (Civil Code, Paras]
3) A decision of a division of the Supreme

Court maybe set aside by the Supreme Court
sitting en banc, a Supreme Court decision may
be set aside by a contrary ruling of the
Supreme Court itself or by a corrective
legislative act of Congress, although said laws
cannot adversely affect those favored prior to
the Supreme Court decision.
[Civil Code,
Effectivity
Paras). of Laws (1990)
After a devastating storm causing widespread
destruction in four Central Luzon provinces,
the executive and legislative branches of the
government agreed to enact a special law
appropriating P1 billion for purposes of relief
and rehabilitation for the provinces. In view of
the urgent nature of the legislative enactment,
it is provided in its effectivity clause that it
shall take effect upon approval and after
completion of publication in the Official
Gazette and a newspaper of general circulation
in the Philippines. The law was passed by the
Congress on July 1, 1990. signed into law by
the President on July 3, 1990, and published in
(a)
As to the publication of said legislative
such newspaper of general circulation on July
enactment, is there sufficient observance or
7, 1990 and in the Official Gazette on July 10,
compliance with the requirements for a valid
1990.
(b)
When Explain
did the your
law take
effect?
publication?
answer.
(c)
executive branch start
ExplainCan
yourthe
answer.
releasing and disbursing funds appropriated
by the said law the day following its approval?
SUGGESTED
ANSWER:
Explain your
answer.
(a) Yes, there is sufficient compliance. The
law itself prescribes the requisites of
publication for its effectivity, and all requisites
have been complied with. (Article 2, Civil
(b)
The law takes effect upon compliance with
Code)
all the conditions for effectivity, and the last
condition was complied with on July 10, 1990.
Hence, the" law became effective on that date.
(c) No. It was not yet effective when it was
approved by Congress on July 1, 1990 and
approved by the President on July 3, 1990.
The other requisites for its effectivity were not
yet complete at the time.
Effect of Obiter & Dissenting Opinion; SC Decisions (1994)

2) What are the binding effects of an obiter
dictum and a dissenting opinion? 3) How can
a decision of the Supreme Court be set aside?
ALTERNATIVE ANSWERS:
2) None. Obiter dictum and opinions are not necessary to the
determination of a case. They are not binding and

but never against statutory law. (Toyota Motor Phil.
1. The
V civil action involves an issue similar or
CA SCRA 236 [1992]).
intimately
216
Ignorance of the Law vs. Mistake of Fact (1996)

Is there any difference in their legal effect
between ignorance of the law and ignorance or
SUGGESTED
mistake ofANSWER:
fact?
Yes, there is a difference. While ignorance of
the law is not an excuse for not complying
with it, ignorance of fact eliminates criminal
intent as long as there is no negligence (Art,
NCC). In addition, mistake on a doubtful or
difficult question of law may be the basis of
good faith (Art. 526. NCC). Mistake of fact
ALTERNATIVE
ANSWER:vitiate consent in a contract
may, furthermore,
Yes. ignorance of the law differs in legal effect
and make it voidable (Art. 1390. NCC).
from Ignorance or mistake of fact. The former
does not excuse a party from the legal
consequences of his conduct while the latter
does constitute an excuse and is a legal
Inferior
Courts Decisions (1994)
defense.
Are decisions of the Court of Appeals considered
ALTERNATIVE ANSWERS:
laws?
1)
a) No, but decisions of the Court of
Appeals may serve as precedents for inferior
courts on points of law not covered by any
Supreme Court decision, and a ruling of the
Court of Appeals may become a doctrine.
(Miranda vs.. Imperial 77 Phil. 1066).
b) No. Decisions of the Court of Appeals

merely have persuasive, and therefore no
mandatory effect. However, a conclusion or
pronouncement which covers a point of law
still undecided may still serve as judicial guide
and it is possible that the same maybe raised
to the status of doctrine. If after it has been
subjected to test in the crucible of analysis,
the Supreme Court should find that it has
merits and qualities sufficient for its
Prejudicial
Questions
consideration
as (1997)
a rule of jurisprudence (Civil
In
the
context
Code, Paras). that the term is used in Civil Law, state
(a)
the concept, (b) requisites and (c)
consequences of a prejudicial question.
SUGGESTED ANSWER:
(a) Concept A prejudicial question is one

which must be decided first before a criminal
action may be instituted or may proceed
because a decision therein is vital to the
judgment in the criminal case. In the case of
People vs. Adelo Aragon (L5930, Feb. 17,
1954), the Supreme Court defined it as one
which arises in a case, the resolution of which

question is a logical antecedent of the issues
Equity follows the Law (2003)
involved in said case and the cognizance of
It is said that equity follows the law What do
which pertains to another tribunal (Paras, Vol.
you understand by this phrase, and what are
(b)
1, Civil. Code Annotation, 1989 ed. p, 194).
its basic implications? 5%
Requisites
1 The prejudicial question must be
determinative of the case before the court. SUGGESTED ANSWER:
Equity Follows the law means that courts
2 Jurisdiction to try said question must be exercising equity jurisdiction are bound by
lodged in another tribunal.
rules of law and have no arbitrary discretion to
disregard them. (Arsenal v IAC, 143 SCRA 40
[1986]). Equity is applied only in the absence
Page 10 of 119
of
spelling, visible to the eyes or obvious to

and
can be corrected or changed only by
understanding,
reference to other existing records. Provided,
however, that no correction must involve the
change of nationality, age, status or sex of the
petitioner.
Death; Effects; Simultaneous Death (1998)
Jaime, who is 65, and his son, Willy, who is 25,
died in a plane crash. There is no proof as to
who died first. Jaime's only surviving heir is
his wife, Julia, who is also Willy's mother.
Willy's surviving heirs are his mother, Julia
1.
Inhis
thewife,
settlement
and
Wilma.of Jaime's estate, can
Wilma successfully claim that her late
husband, Willy had a hereditary share since he
was much younger than his father and,
therefore, should be presumed to have
2.
Suppose
Jaime[3%]
had a life insurance policy
survived
longer?
with his wife, Julia, and his son, Willy, as the
beneficiaries. Can Wilma successfully claim
that one-half of the proceeds should belong to
Willy's estate? |2%J
absolute
the
community amounting to 1 Million Pesos.
related
to the issue raised in the criminal
His
2.
the and
resolution of such issue determines
action,
whether or not the criminal action may
proceed.
(c) Consequences The criminal case must be
suspended. Thus, in a criminal case for
damages to one's property, a civil action that
involves the ownership of said property should
first be resolved (De Leon vs. Mabanag. 38
Phil. 202)
PERSONS
Change of Name; Under RA 9048 (2006)

Zirxthoussous delos Santos filed a petition for
change of name with the Office of the Civil
Registrar of Mandaluyong City under the
administrative
proceeding
provided
in
Republic Act No. 9048. He alleged that his first
name sounds ridiculous and is extremely
difficult to spell and pronounce. After
complying with the requirements of the law,
the Civil Registrar granted his petition and
changed his first name Zirxthoussous to
Jesus
delos
Santos
moved now
to General
to
"Jesus."
His
full name
reads Santos
"JesusCity
delos
work
in
a
multi-national
company.
There,
he
fell
in
Santos."
love and married Mary Grace delos Santos. She

requested him to have his first name changed
because his new name "Jesus delos Santos" is the
same name as that of her father who abandoned her
family and became a notorious drug lord. She
wanted to forget him. Hence, Jesus filed another
petition with the Office of the Local Civil Registrar
to change his first name to "Roberto." He claimed
that the change is warranted because it will
Will
the petition
forofchange
of name
Jesus
eradicate
all vestiges
the infamy
of MaryofGrace's
delos
father. Santos to Roberto delos Santos under
Republic Act No. 9048 prosper? Explain. (10%)
No, under the law, Jesus

may only change his name once. In addition,
the petition for change of name may be denied
(1) the following
Jesus is neither
ridiculous, nor tainted
on
grounds:
with dishonor nor extremely difficult to write
(2)
There is no confusion to be avoided or
or pronounce.
created with the use of the registered first
name or nickname of the petitioner.
(3)
The petition involves the same entry in
the same document, which was previously
corrected or changed under this Order [Rules
and Regulations Implementing RA 9048].
SUGGESTED ANSWER:
What entries in the Civil Registry may be

changed or corrected without a judicial order?
SUGGESTED
ANSWER:
Only
clerical
or
(2.5%)
ADDITIONAL ANSWER:
typographical errors and first or nick names

may be changed or corrected without a judicial
order under RA 9048.
Clerical or typographical errors refer to
mistakes committed in the performance of
clerical work in writing, copying, transcribing
or typing an entry in the civil register. The
mistake is harmless and innocuous, such as
errors in
Juridical capacity, as distinguished from capacityconditions

to
detrimental to the moral well-being of their
wife, will,acting
children
therefore,
in theinherit
movies
O.25
is inMillion
violation
Pesos
of the
andFamily
his parents
Code will
and
the
is passive while the latter is active,
act: former
(a)
inherit laws.
Labor
0.25 Million
Thus, the
Pesos.
waiver
When
is invalid
Mrs. Cruz
and not
died,
binding.
she was
(b) the former is inherent in a person while
succeeded by her parents as her intestate heirs. They will inherit all
the latter is merely acquired, (c) the former is
of her estate consisting of her 0.5 Million half share in the absolute
lost only through death while the latter may
community and her 0.25 Million inheritance from her husband, or a
total
0.750 Million
Pesos.
TheofChild
Labor
Law is a mandatory and
be lost through death or restricted by causes
prohibitory law and the rights of the child
other than death, and Id) the former can exist
cannot be waived as it is contrary to law and
without capacity to act while the latter cannot
Juridical
Capacity;juridical
Natural Persons
(1999)
public policy.
exist without
capacity.
In sum, the parents of Mr. Cruz will inherit
Elated that her sister who had been married
250,000 Pesos while the parents of Mrs. Cruz
for five years was pregnant for the first time,
will inherit 750,000 Pesos.
Alma donated P100,000.00 to the unborn
(b) This being a case of succession, in the
child. Unfortunately, the baby died one hour
Appilicable
laws governing
contracts
absence Laws;
of proof
as to the
time(1992)
of death of
after delivery. May Alma recover the
X
andof
Y entered
into aitcontract
in Australia,
each
the spouses,
is presumed
they died
P100.000.00 that she had donated to said
whereby
it was
agreed
X would build
a
at the same
time
and nothat
transmission
of rights
baby before it was born considering that the
SUGGESTED ANSWER:
commercial
in the Philippines,
from one to building
the otherfor
is Y
deemed
to have taken
baby died? Stated otherwise, is the donation
The donation is valid and binding, being an act
and
in payment
foreach
the construction,
Y will to
place.
Therefore,
of them is deemed
valid and binding? Explain. (5%)
favorable to the unborn child, but only if the
transfer
convey
hisatcattle
ranch located
in
have an and
estate
valued
P500,000,00,
or onebaby had an intra-uterine life of not less than
the
States
in favor
of X. What
halfUnited
of their
conjugal
property
of P1law
million.
seven months and pro-vided there was due
would
govern: a) parents
The validity
theinherit
contract?
Their respective
will of
thus
the
acceptance of the donation by the proper
b)
The performance
the contract?
c) The of
entire
P1 Millionof in
equal shares,
SUGGESTED
ANSWER:
Death;
Effects; Simultaneous
(2000)
person representing
said child. If the child had
consideration
of the
P500,000.00
per
set contract?
of Death
parents.
1.
Wilma
claimlife,
that
SUGGESTED
ANSWER:
b) Cristy and
her late husband Luis had two
lessNo,
than
sevencannot
monthssuccessfully
of intra-uterine
it
(a)
The validity
thePatrick,
contract
willsummer,
be
Willy
a hereditary
in less
his father's
children,
Rose of
and
One
her
is not had
deemed
born sinceshare
it died
than 24
governed
by
Australian
law,
because
estate.
Under
Art.
43,
Civil
Code,
two
persons
mother-in-law, aged 70, took the twothe
children,
hours following its delivery, in which ease the
ALTERNATIVE
ANSWER:
validity
refers
to the
the
making
"who
are never
called
to succeed
each other"
then aged
10 and
12,element
with herofon
a boat
tripofto
donation
became
effective
since are
the
Even
if
the
baby
had
anatintra-uterine
life in
of
(Optional
Addendum:"...
unless
the
parties
the
contract
in
this
case.
presumed
to
have
died
the
same
time,
Cebu. Unfortunately, the vessel sank en route,
donee never became a person, birth being
more
than seven
months
and
the donation
was
agreed to be bound by another law".}
the
absence
ofofproof
as to
which
of them died
and the bodies of the three were never found.
determinative
personality.
properly
accepted,
it
would
be
void
for
not
first. This presumption of simultaneous death
None of the survivors ever saw them on the
having
with the the
proper
form. In
applies conformed
in cases involving
question
of
water.
the settlement
of her mother-in(b)
The On
performance
will be governed
by the
SUGGESTED
order
to beANSWER:
valid,
the donation
succession
as
between
the twoand
whoacceptance
died, who
law's
estate,
Cristy
files
a
claim
for a share
law
of
the
Philippines
where
the
contract
is toof
2.
Yet,
Wilma
can
invoke
the
presumption
of
of
personal
property
exceeding
fivefather
thousand
in this
case are
mutual
heirs, being
and
her
estate
on
the
ground
that
the
same
was
(c) performed.
The consideration will be governed by
be
survivorship
andin claim
that
one-half
pesos
should be
writing.
(Article
748, of
par.the
3)
son.
inherited
by
her
children
from
their
Waiver
of Rights
(2004) belong to Willy's estate,
United
the
law States
of ANSWER:
the where the ranch is located.
proceeds
should
SUGGESTED
grandmother
in will
representation
of Since
their father,
(Optional
Innot
the prosper.
foregoing
cases,
when
B.
DON,
an 3American
secured
under
Sec.
(jj) par. 5businessman,
Rule 131, Rules
of
No,
her Addendum:
action
there
and
she
inherited
the
same
from
Will
the
foreign
law
would
apply,
the
absence
of
proof
of
parental
consent
for the employment
of five was no proof as to who died first, allthem.
Court, as
the dispute
does not involve
the
three
her
action
prosper?
(2%)
that
foreign
law
would
render
Philippine
law
minors
to
play
certain
roles
in
two
movies
he
succession. Under this presumption, the
are deemed to have died at the same time and
applicable under the "eclectic theory".)
was
producing
at ages
home
in and
Makati.
They
person
between the
of 15
60 years
is
there was no transmission of rights from one
ALTERNATIVE
ANSWER:
worked
at
odd
hours
of
the
day
and
night,
but
deemed to have survived one whose age was
to another,
applying
of the New
Applicable
Laws;
Artswill
15, 16
&Article
17
(1998)43 Under
No,
her
action
not
prosper.
Article
always
accompanied
by
parents
or
other
over 60 at the time of their deaths. The estate
Civil Code.
Juan
is
a
Filipino
citizen
residing
in
of the New Civil Code, inasmuchTokyo,
as there is
adults.
producer
paid
the children
talent 43
of Willy The
endowed
with
juridical
personality
Japan.
State
what
laws
govern:
Death;
Effects;
Death
(1999)
But
a
social
worker,
DEB,
reported
to OSWD
no proof
as to
who
died
first, all the three are
fees
at
rates
better
than
adult
wages.
stands
in Simultaneous
place
and
stead
of Willy,
as
1 His to
capacity
to contract
in and
Mr.
that
and
these
Mrs.children
Cruz, who
often
are childless,
missed going
met with
to
presumed
have died
at the marriage
same time
beneficiary.
Japan,
1%]
a seriousThey
school.
motorsometimes
vehicle accident
drankwith
wine,
Mr. aside
Cruz
there could
be[ no
transmission of rights among
2 Her
His successional
asinherited
regards his
at thebeing
from
wheelexposed
and Mrs.
to Cruz
drugs.
seated
In some
beside
scenes,
him,
them.
children not rights
having
from
deceased Filipino
in
resulting
they
were
in the
filmed
instant
naked
death or
of Mr.
in Cruz.
revealing
Mrs.
their grandmother.
Cristyfather's
has no property
right to share
Texas, U.S.A. [1%]
Cruz was still
costumes.
In his
alive
defense,
when help
DON came
contended
but she
all
in her mother-inlaw's
estate. She cannot share
also died
these
were
on part
the way
of artistic
to the freedom
hospital. The
and
in her
as she
is notofa the
legal
heir
of her
3 own
The right
extrinsic
validity
last
will
couple acquired
cultural
creativity.
properties
Noneworth
of the
One parents
Million
mother-in-law.
The survivorship
provision of
and testament
which Juan executed
(P1 ,000,000.00)
complained,
said Pesos
DON.during
He their
also said
marriage,
they
Rule 131
of the
Rules ofinCourt
does not
apply
while
sojourning
Switzerland.
[2%]
which are
signed
a contract
being claimed
containing
by the
a parents
waiver of
of their
both
to the
problem.
It applies
only
to will.
those(1%)
cases
4
The
intrinsic
validity
of
said
Juridical Capacity vs. Capacity to Act (1996)
(b)
Suppose
in
the
preceding
spouses
right
to in
fileequal
any
shares.
complaint
Is the
inquestion,
any
claimoffice
of both
both
or
where the issue involved is not succession.
Is
the
waiver
valid
and
binding?
Why
or
why
Distinguish juridical capacity from capacity to act,
Mr.
Mrs. Cruz
were
already
dead when
sets and
tribunal
of parents
concerning
valid and
the working
why?
(3%)
conditions
of
SUGGESTED ANSWER:
not?
Explain.
(5%)
help
came,
so
that
no-body
could
say
who
died
their children acting in the movies.
JURIDICAL CAPACITY is the fitness to be the
SUGGESTED
ANSWER:
ahead of the
other, would your answer be the
The waiver is not valid. Although the contracting parties may
subject of legal relations while CAPACITY TO
same
the
question
as to
who
entitled
establishto
such
stipulations,
clauses,
terms
andare
conditions
as theyto
ACT is the power or to do acts with legal
SUGGESTED
ANSWER:
the deem
properties
ofthey
themay
deceased
(2%)to
may
convenient,
not do so if couple?
such are contrary
(a) No, the claim of both parents is not valid. When Mr. Cruz died,
effect. The former is inherent in every natural
law, morals, good customs, public order, or public policy (Article
he was succeeded by his wife and his parents as his intestate heirs
1306, Civil Code). The parents' waiver to file a complaint concerning
person and is lost only through death while
who will share his estate equally. His estate was 0.5 Million pesos
the working
the latter is merely acquired and may be lost
which is his half share in the
ALTERNATIVE
even beforeANSWER;
death (Art. 37, NCC).
CONFLICT OF LAWS
father was a Filipino citizen, Philippine law governs

successional rights.
(2). With respect to Felipe the divorce is valid,
Juan's
but with respect to Felisa it is not. The divorce
ANOTHER ANSWER:
will not capacitate Felisa to remarry because
2. Juan's successional rights are governed by
she and Felipe were both Filipinos at the time
Philippine law, pursuant to Article 1039 and
of their marriage. However, in DOJ Opinion
the second paragraph of Article 16, both of the
No. 134 series of 1993, Felisa is allowed to
Civil Code. Article 1039, Civil Code, provides
remarry because the injustice sought to be
that capacity to succeed shall be governed by
corrected by Article 26 also obtains in her
SUGGESTED ANSWER:
the "law of the nation" of the decedent, i.e.. his
case.
B. The foreigner who executes his will in the
national law. Article 16 provides in paragraph
Philippines may observed the formalities
two that the amount of successional rights,
1.
The Lawin:
of the country of which he is a
described
order of succession, and intrinsic validity of
citizen
under
Article 817 of the New Civil
testamentary succession shall be governed by
2.
the
law
of
the
Philippines being the law of
Code,
or
the "national law" of the decedent who is
SUGGESTED ANSWER:
the
place
of
execution
under Article 17 of the
identified
as a Filipino
inof
the
present
3.
The extrinsic
validity
Juan's
willproblem.
is
New Civil Code.
governed by (a) Swiss law, it being the law
where the will was made (Art. 17. 1st par.
Civil Code), or (b) Philippine law, by
implication from the provisions of Art. 816,
Civil Code, which allows even an alien who is
abroad to make a will in conformity with our
SUGGESTED
Civil
Code.ANSWER:
4. The intrinsic validity of his will is governed
by Philippine law, it being his national law.
(Art. 16, Civil Code)
Applicable Laws; Arts 15, 16, 17 (2002)
Felipe and Felisa, both Filipino citizens, were
married in Malolos, Bulacan on June 1, 1950.
In 1960 Felipe went to the United States,
becoming a U.S. citizen in 1975. In 1980 they
obtained a divorce from Felisa, who was duly
notified of the proceedings. The divorce decree
became final under California Law. Coming
back to the Philippines in 1982, Felipe married
Sagundina, a Filipino Citizen. In 2001, Filipe,
then domiciled in Los Angeles, California, died,
leaving one child by Felisa, and another one by
Sagundina. He left a will which he left his
estate to Sagundina and his two children and
nothing to Felisa. Sagundina files a petition for
the probate of Felipes will. Felisa questions
the intrinsic validity of the will, arguing that
her
to Felipe
subsisted
despite
A. Ismarriage
the divorce
secured
by Felipe
in the
divorce
obtained
by
Felipe
because
said
California recognizable and valid in the
divorce
is notHow
recognized
in theFelipes
Philippines.
Philippines?
does it affect
For
this
reason,
she
claims
that
the
B.
What
law
governs
the
formalities
of the
marriage to Felisa? Explain. (2%). properties
and
Sagundina
will?that
Explain.
(1%) has no successional rights.
C. Will Philippine law govern the intrinsic
validity
of the will? Explain. (2%)
SUGGESTED ANSWER:
A. (1.) The divorce secured by Felipe in

California is recognizable and valid in the
Philippines because he was no longer a
Filipino at that time he secured it, Aliens may
obtain divorces abroad which may be
recognized in the Philippines provided that
they are valid according to their national law
(Van Dorn V. Romillo, Jr., 139 SCRA 139
[1985]; Quita v. Court of Appeals, 300 SCRA
406 [1998]; Llorente v. Court of Appeals, 345
SCRA 595 [2000] ).
SUGGESTED ANSWER:
1.
Juan's capacity to contract marriage
is governed by Philippine law -i.e., the Family
Code -pursuant to Art. 15, Civil Code, which
provides that our laws relating to, among
others, legal capacity of persons are binding
upon citizens of the Philippines even though
SUGGESTED
ANSWER:
living abroad.
2. By way of exception to the general rule of
lex rei sitae prescribed by the first paragraph
of Art. 16. Civil Code, a person's successional
rights are governed by the national law of the
of 119
decedent (2nd par.. Art. 16).Page
Since13
Juan's
deceased
persons is governed by the law of his nationality,

concerning
transactions involving property is
capacity
an exception. Under Article 16 of the NCC the
capacity of persons in transactions involving
ANOTHER ANSWER:
title to property is governed by the law of the
1.
Article 17 of the Civil Code provides that country where the property is situated. Since
the forms and solemnities of contracts, wills the property is in the Philippines, Philippine
and other public instruments shall be governed law governs the capacity of the seller.
by the laws of the country in which they are Applicable Laws; capacity to succeed (1991)
executed.
Jacob, a Swiss national, married Lourdes, a
Since the contract of employment was
Filipina, in Berne, Switzerland. Three years
executed in Manila, Philippine law should
later, the couple decided to reside in the
govern. Being over 18 years old and no longer
Philippines. Jacob subsequently acquired
a minor according to Philippine Law, Francis
several properties in the Philippines with the
Albert can be sued. Thus, the suit of ABC
money he inherited from his parents. Forty
SUGGESTED
ANSWER:
Corporation
against him for damages will
years later. Jacob died intestate, and is
2.
XYZ Corporation, having enticed Francis
prosper.
survived by several legitimate children and
Albert to break his contract with the plaintiff,
SUGGESTED ANSWER:
duly
recognized
illegitimate
daughter Jane,
all
C.
Philippine
law
will not
intrinsic
may be held liable for damages under Art.
(a)
Suppose
that
Swiss
law govern
does notthe
allow
residing
in
the
Philippines.
ALTERNATIVE
ANSWER:
validity
of the
will. Article
16 of
the
New
Civil
1314, Civil Code.
illegitimate
children
to inherit,
can
Jane,
who
2. The basis of liability of XYZ Corporation would be
Code
provides
that
intrinsic
validity
is a recognized illegitimate child, inherit part of
Article 28 of the Civil Code which states that:
testamentary
provisions
shall
governed
by
(b)
Assuming
that
a
will
of the
properties
ofJacob
Jacobexecuted
underbe
Philippine
"Unfair competition in agricultural,
the
National
Law
of
the
person
whose
leaving
certain properties to Jane as her
law?
commercial, or industrial enterprises or in
succession
is under consideration.
legitime in accordance
with the law ofCalifornia
labor through the use of force, intimidation,
law
will
govern
the
intrinsic
of the will.
succession in the Philippines,validity
will such
deceit, machination or any other unjust,
Applicable Laws; Capacity to Act (1998)
testamentary disposition be valid?
oppressive or highhanded method shall give
Francis Albert, a citizen and resident of New
rise to a right of action by the person who
Jersey, U.S.A., under whose law he was still a
ANOTHER
ANSWER:
thereby suffers
damage."
minor, being only 20 years of age, was hired by
2. No liability arises. The statement of the
ABC Corporation of Manila to serve for two
problem does not in any way suggest intent,
years as its chief computer programmer. But
malice, or even knowledge, on the part of XYZ
after serving for only four months, he resigned
Corporation as to the contractual relations
to join XYZ Corporation, which enticed him by
between Albert and ABC Corporation.
offering more advantageous terms. His first
Applicable Laws; Capacity to Buy Land (1995)
employer sues him in Manila for damages
3. What law governs the capacity of the
arising from the breach of his contract of
Filipino to buy the land? Explain your answer
employment. He sets up his minority as a
SUGGESTED
ANSWER:
and give its
legal basis.
defense and asks for annulment of the contract
Philippine law governs the capacity of the
on that ground. The plaintiff disputes this by
Filipino to buy the land. In addition to the
alleging that since the contract was executed
principle of lex rei sitae given above. Article
1 Philippines
Will the suitunder
prosper?
[3%]law the age of
in the
whose
15 of the NCC specifically provides that
2 Suppose
XYZ Corporation
is
majority
is 18 years,
he was no longer
a minor
Philippine laws relating to legal capacity of
impleaded
as
a
codefendant,
what
at
the
time
of
perfection
of
the
contract.
persons are binding upon citizens of the
would be the basis of its liability, if
Philippines no matter where they are.
SUGGESTED ANSWER:
[2%]not prosper under Article 15,
Applicable Laws; Capacity to Contract (1995)
1. The any?
suit will
2. What law governs the capacity of the
Civil Code, New Jersey law governs Francis
Japanese to sell the land? Explain your answer
Albert's capacity to act, being his personal law
SUGGESTED
ANSWER:
and give its
legal basis.
from the standpoint of both his nationality and
Japanese law governs the capacity of the
his domicile. He was, therefore, a minor at the
Japanese to sell the land being his personal
ALTERNATIVE
ANSWER:
time he entered
into the contract.
law on the basis of an interpretation of Art.
1. The suit will not prosper. Being a U.S.
ALTERNATIVE
15,
NCC. ANSWERS;
national, Albert's capacity to enter into a
a) Since capacity to contract is governed by
contract is determined by the law of the State
the personal law of an individual, the Japanese
of which he is a national, under which he to
seller's capacity should be governed either by
still a minor. This is in connection with Article
his national law (Japanese law) or by the law
15 of the Civil Code which embodies the said
of his domicile, depending upon whether
nationality principle of lex patriae. While this
Japan follows the nationality or domiciliary
principle intended to apply to Filipino citizens
theory of personal law for its citizens.
under that provision, the Supreme Court in
b) Philippine law governs the capacity of the
Recto v. Harden is of the view that the status
Japanese owner in selling the land. While as a
or capacity of foreigners is to be determined
general rule capacity of
on the basis of the same provision or principle,
i.e., by U.S. law in the present problem.
Plaintiffs argument does not hold true,
because status or capacity is not determined
by lex loci contractus but by lex patriae.
CIVILCIVIL
LAWLAW
Answers
Answers
to thetoBAR
the BAR
as Arranged
as Arranged
by Topics
by Topics
(Year(Year
1990-2006)
1990-2006)
that
Under
"Prohibitive
public
Art. policy,
16 par.
laws
the
1,concerning
NCC,
application
real property
persons,
shall be is
disregarded
their
subject
Court
Maris
3.to
Theof
then
distribution
Appeals
returned
(G.R
ofto
the
No.
the
personal
104235,
Philippines
Nov.
properties
and
10, 1993)
in in
a the
our
law
Courts.
of the
country
(Cadalinwhere
v. POEA.
it is238
situated.
SCRA
Since
Supreme
Court
applied inPhilippine
byacts
the
or property,
and
those
which
have
for civil
Germany
ceremony
celebrated
Cebu City law in
ALTERNATIVE
ANSWERS;
762)
thetheir
property
ispublic
situated
in public
the Philippines,
recovery oftodamages
for breach
of contract
object
order,
policy and according
the formalities
of Philippine
law,of
a)
Their claim
not shall
correct.
Assuming
that
Philippine
law is
applies.
The not
rule
ofbelex rendered
rei
sitae
carriage
for her
the reason
it is the
law of the
good
customs
she
married
former that
classmate
Vincent
the
second16contract
binding
under
in ineffective
Article
prevails
in
place where
the contract
executed.
by isover
lawslex loci
or contractu
judgments
likewise
a Filipino
citizen.was
a) Was
the marriage
Hongkong
law,
such
second
contract
is invalidor ALTERNATIVE
ALTERNATIVE
ANSWER:
ANSWER:
Article
17 of the NCC.
promulgated,
or by determinations
of Maris and
Johnson valid when celebrated? Is
Afghanistan
law
governs
formal
If
themarriage
violationstill
of validly
the contract
was
attended
under
Philippine
law which
recognizes
valid
conventions
agreed
upon
inthea as
foreign
their
existing
now?
requirements
of
the
contract
since
the
with
bad
faith,
there
is
a
ground
to
recover
only
the first a
contract.
Sinceconflict
the case
being
Accordingly,
state's own
ofislaws
rule SUGGESTED
country."
Reasons. ANSWER:
(a)
The
marriage
of
Mans
and
Johnson
was
execution
is
in
Afghanistan.
Art.
17
of
the
Civil
moral
damages.
But
since
there
was
a
federal
litigated
in the Philippines,
the Philippine
may,
exceptionally
be inapplicable,
given public
valid
when
celebrated
because
all
marriages
Code
provides
that
the
forms
and
solemnities
regulation
which
was
the
basis
of
the
act
Court as
the forum will
anyforum.
foreign
policy
considerations
bynot
theenforce
law of the
solemnized
Philippines
(Tokyo)
in
of
and public
otherpolicy.
public
complained outside
of, the the
airline
cannot be
in bad
claimcontracts,
obnoxious towills,
the forum's
accordance
laws damages
in force can
in the
instruments
shall
be
governed
by the laws
of
faith. Hence,with
onlythe
actual
be
Going
the public
specific
provisions
ofin the
There isinto
a strong
policy
enshrined
country
where
solemnized
(Japan),
the
country
in onwhich
they
executed.
recovered.
The they
same are
is true
with regards
to
contract
in question,
I would
ruleare
as
our Constitution
the
protection
of follows:
labor.
Labor
(1991)also valid in the
and
there
asContracts
such, are
However,
thesecond
contract
executed
exemplary
damages.
Therefore,
1 Theifthe
duration
of contract
thewas
contract
shallisbe
notbefore
opposedApplicable
to validLaws;
b)
No,
their
claim
is not
correct.
The
no Lines
longer(JAL),
validly
subsists,
A.
Japan Air
a foreigner
Philippines.
the
diplomatic
or
consular
disregarded
and the
first
contract
willsecond
beofbethe
Philippine
law
and
it canofficials
therefore
valid Their
as Themarriage
Applicable
Laws;
Succession;
Intestate
&
Testamentary
contract
executed
in
Hongkong,
partakes
of
the
because
it
has
been
dissolved
by
the
absolute
corporation
licensed
to
do
business
in the
Republic
of the Philippines
Afghanistan,
enforced.
(Cadalin
v. POEA, 238inSCRA
762).
stipulated;
(2001)
nature
of
a
waiver
that
is
contrary
to
Philippine
divorce
validly
obtained
by
Johnson
which
Philippines,
executed
in
Manila
a
contract
of
Philippine
law
shallprovision
apply.
The
second
to
thea effect
that
Alex2and
was
born
a Filipino
was
naturalized
law
the
public
policy but
governing
Filipino
capacitated
to remarry
(Art.under
26. Family
employment Maris
with Maritess
Guapa
which
notwithstanding
duration,
Air
Canadian
citizen at
the
time
of Japan
histhat
death
on
overseas
workers.
Art.
17,
provides
ourLines
Code).
the latter was hired as a stewardess on the
(JAL)
may
terminate
her
employment
is
Applicable
Laws; laws
marriages (2003) route.
December
25,
1998.
He
left
behind
a
last
will
prohibitive laws concerning persons, their acts,
aircraft flying
thegoverning
Manila-Japan-Manila
invalid,
being
inconsistent
with
our
Gene
and
Jane,
Filipino,
met
and got
married
in
and
testament
in or
which
hehave
bequeathed
allLabor
his
or their
property
which
for
their
object
The contrast specifically provides
that
(1) the
laws; public
England
while
both were
taking
up years,
postproperties,
real policy
and and
personal,
in the
public order,
good customs
duration of
the contract
shall be
two (2)
3 not
That
the
contract
shall be by
construed
graduate
courses there.
few years
after their
Philippines
to his
acknowledged
illegitimate
shall
be rendered
ineffective
laws or as
(2) notwithstanding
the Aabove
duration,
JAL
governed
under
the laws
of Japan
graduation,
they
decided toat any
annul
Fillpina
daughter
andand
nothing
to country.
his
two and
conventions
agreed
upon
in by
a foreign
may terminate
the agreement
timetheir
by
only
the courts
ofto
Tokyo,
Japan
shall
have
marriage.
an action
annul
legitimate
Filipino
sons.
The
sought
the
Besides,
Alma's
consent
the sons
second
contract
giving her Jane
noticefiled
in writing
ten to
(10)
days her
in
ANSWER:
jurisdiction,
is The
invalid
as clearly
opposed
"Art. of
1700.
between
marriage
Gene(3)
in England
on the ground
of
annulment
the
last
willrelations
and
testament
on toSUGGESTED
was vitiated
by
undue
influence,
being
virtually
advance, to
and
the contract
shall be
A.
Yes.
As
stated
in
the
problem.
Swiss
law
the
aforecited
third
paragraph
of
Arts.
17
and
capital
and
labor
are
not
merely
latters
sterility,
a
ground
for
annulment
of
the
ground
that itfinancial
deprived
theminof
helpless
and under
distress
a their
construed as governed under and by the laws
SUGGESTED
ANSWER:
does
not
allow
illegitimate
children
to
inherit
1700
of
the
Civil
Code,
which
provides:
contractual.
They
are
so
impressed
marriage
in
England.
The
English
court
legitimes
but the
was
able
to prove
foreign
country,
asdaughter
indicated
by the
given
fact16 of Japan and only the court in Tokyo, Japan
The daughter
should
prevail because
Article
JAL
dismissed
Maritess
on
the
fourth
month
ofto
Hence,
Jane
cannot
inherit
theto
property
of any
with
public
that
labor
decreed
thethe
marriage
annulled.
Returning
that she
there
were
no interest
compulsory
heirs
or
signed
because
she
had
no
choice.
shall have
jurisdiction
consider
of the contracts
New Civil must
Code yield
provides
that
intestate
her
employment
without
giving
her
due
notice.
Jacob
under
Philippine
law. youtowhether
to that
the
common
the
Philippines,
Gene
or not
legitimes
under
Canadianclaim
law.
Who
should
Therefore,
the defendants
matter
arising
from
orasked
relating
the contract.
SUGGESTEDthen
ANSWER:
and testamentary
succession
shall
bethe
governed
Maritess
filed
amarry
complaint
with the
Labor
good.
Therefore,
such
contracts
are
he
would
be
free
to
his
former
girlfriend.
prevail?
Why?
(5%)
contract
is
valid under
Hongkong
law should
B.
No,
The
Gene
testamentary
is not free
disposition
tobackwages
marry
will his
not be
former
by thesubject
national
law
of the laws
person
whose
Arbiter
for reinstatement,
tounder
the special
onOF
labor
What would
your legal advice
be? 5% and
be
rejected
since
the
DOCTRINE
valid
girlfriend.
if
it
would
His
contravene
marriage
Swill
to
Jane
law;
is
succession
is under
consideration.
damages. The lawyer of JAL contends that valid
unions,
collective
bargaining,
PROCESSUAL
PRESUMPTION
a foreignstrikes
law is
Applicable
Laws; Sucession
ofCarriage
Aliens
(1995)
otherwise,
according
to
disposition
theArbiter
forms nor
would
and
be
valid.
of
Contracts
of
(1995)
neither thethe
Labor
anysolemnities
other
agency
and
lockouts,
closed
shop,
wages,
deemed
similar
or
identical
to purchased
Philippine
law
Michelle,
the
French
daughter
of Penreich,
a British
Unless
the
law,
Swiss
is
valid
law
here
is
proved,
(Article
it
would
17,
1st
be
par.,
On
8 December
1991
Vanessa
fromin
ALTERNATIVE
ANSWER;
or court in the Philippines has jurisdiction over
working
conditions,
hours
of
labor
and
the
absence
of proof
to the
contrary,
and
such
German
national,
Spain
leaving
real
presumed
NCC).
However,
be the
since
same
Gene
as that
andofJane
Philippine
areofstill
A.
When
a
contract
has
ainforeign
element
such
the
Manila
office
ofdied
Euro-Aire
an airline
ticket
the case
into
view
of
the
above
provision
(3)
similar
subjects."
is
mentioned
in
the
problem
as
having
been
properties
in
Philippines
well
as Filipinos
law
under
the
although
Doctrine
living
of
Processual
in
England,
the
as
in
factual
setting
stated
the
problem
fornot
itsthe
Flight
No.the
710
from
Dallasin
toas
Chicago
the contract which Maritess voluntarily signed.
adduced.
Applicable
Laws;
contracts
contrary to public
policy
(1996)
valuable
personal
properties
inreservation
Germany.
Presumption.
dissolution
of
their
marriage
is
still
governed
where
one
of
theHerparties
is a foreign
on
16 January
1992.
flight
was
The contract is the law between her and JAL.
was hiredlaw
as a domestic helper in
1.
What law
determines
who
shall
succeed as Alma
by
Philippine
corporation,
candeparture
be sustained
confirmed.
Onthe
hercontract
scheduled
Decide
the issue. (Article 15, NCC). Since,
Hongkong
by
the
Dragon
Services,
Ltd.,forrule
the
deceased?
Explain
your
answer
and
give
B.
Where
under
a State's
own
conflicts
of the
grounds
the
valid
particularly
stipulation
expressing sterility is not one
Vanessa
checked in the
on time
at the Dallas
2.
What
law
regulates
the
distribution
of
the
through
its
local
agent.
She
executed
a should
its
legal
basis.
that
domestic
law
of
another
State
45 of
that
the However,
contract isatgoverned
by the
laws of
the annulment of a marriage under Article
airport.
the check-in
counter
she
ALTERNATIVE
ANSWER:
real
properties
the
Philippines?
Explain
standard
employment
contract
by
apply,
may
the the
courts
ofdesigned
theof former
the
Family
Code,
annulment
Genes
foreign
country.
Given
this
generally
accepted
discovered
thatin
she
was
waitlisted
with
some
Yes,
Gene
is Overseas
free to Workers
marry his girlfriend
your
answer
and
give
its
legal
basis.
the
Philippine
nevertheless
refuse
to
apply
the
latter?
If so,
marriage
to
Jane
on
that
ground
is
not
valid
in
principle
of
international
law,
the
contract
other passengers because of intentional
because
his
marriage
was
validly annulled
in
3.
What law
governs and
the distribution
of the
SUGGESTED
ANSWER:
Administration
(POEA)
for
overseas
Filipino
under
what
circumstance?
the
Philippines
(Article
17,
NCC)
between
Maritess
JAL
is
valid
and
it
overbooking, a Euro-Aire policy and practice.
England.
The issue
or not
personal
properties
in
Germany?
Explain
your
Applicable
Laws;
laws be
governing
marriageswas
(1992)
workers. It provided
for of
herwhether
employment
for a
should
therefore
enforced.
Euro-Alre
admitted
that
Vanessa
not
marriage
isa voidable,
including
grounds
A,
Labor
Legislations
are
generallythe
intended
as
answer
and
give aitsFilipino
legal basis.
In
1989,
Maris,
citizen,
married
her
one
year
at
salary
of
US$1,000.00
a
month.
advised of such policy when she purchased her
therefore,
is governed
by
the law
of the
the place
expressions
of to
public
policy
on
employerVanessa
sued
Euro-Aire
in
Manila
for
breach
of
boss
Johnson,
an
American
citizen,
in
Tokyo
in
It
was
submitted
and
approved
by
plane ticket. Vanessa was only able to fly two
where
the relations.
marriage
(lex loci
employee
The
contract
contract
damages.
Euro-Aire
claimed
thatto
a
wedding
ceremony
celebrated
according
POEA. However,
whenwas
she solemnized
arrived
in therefore,
days
laterand
by
taking another
airline.
celebrationis).
Hence,
even
if
sterility
is not a
between
Japan
Air
Lines
(JAL)
and
Maritess
it cannot belaws.
held liable
damages
Japanese
One for
year
later,because
Johnson
Hongkong, she was asked to sign another
ground
to
annul
the
marriage
under
the
may
apply
only
to
the
extent
that
its
provisions
its practice
overbooking
passengers
returned
to of
his
native Nevada,
and hewas
validly
contract by Dragon Services, Ltd. which
Philippine
law,
the
marriage
is
nevertheless
are
not
inconsistent
with
Philippine
labor
laws
allowed by
Code
of Federal
obtained
inthe
thatU.S.
state
an absolute
divorce from
reduced her salary to only US$600.00 a
voidable
because
makes
the signed
marriage
intended
particularly
to protect
employees.
Regulations.
Vanessa on the other hand
his
wife Maris.
month. Having
no sterility
other
choice,
Alma
Under
the
circumstances,
the
dismissal
of
voidable
under
English
law.
Therefore,
After
Maris
received
the
final
judgment
of
contended that assuming that the U.S. Code of
the
contract
but
when
she
returned
to the
Applicable
Laws;
Sale
of
Real
Property
(1995)
Maritess
without
complying
with
Philippine
annulment
of
the
marriagepayment
in England
is valid
divorce,
she marriedallowed
her childhood
sweetheart
Federal Regulations
Intentional
Philippines,
she
demanded
of
the
While
in
a Japanese
bystipulation
the
name
SUGGESTED
ANSWER:
Labor
lawAfghanistan,
would be invalid
and any
in
the
Philippines.
Pedro,
also athe
Filipino
a religious
overbooking,
airline citizen,
companyincannot
salary
differential
of US$400.00
a month.
Both
Their
claim
istonot
correct.
Aacontract
isathe
law
of
Sato
sold
Ramoncito,
Filipino,
parcel
in
the
contract
to
the
contrary
is
considered
ceremony
Cebu
celebrated
according
invoke the in
U.S.
CodeCity,
on the
ground that
the
Dragon
Services,
Ltd.
and
itslaw
local
agent
between
the
parties
but
the
can
disregard
of
land
situated
in
the
Philippines
which
Sato
void. Since the law of the forum in this case is
to
the was
formalities
of Philippine
Pedro later
ticket
purchased
in Manila,law.
hence,
claimed
that
the
second
contract
is valid
under
1.
lawif
governs
the
formality
in
the
the
contract
it
is
contrary
to
public
policy.
inherited
from
his
Filipino
mother.
SUGGESTED
ANSWER:
the What
Philippine
law
the
issues
should-be
left
for
the
United
States
and
became
Philippine
law
shoulddamages
apply, under
which
the
laws
ofofHongkong,
andofConstitution
therefore
binding
execution
the
contract
sale?
Explain
your
The
provisions
of
the
1987
on
the
Vanessa
can
recover
under
Philippine
resolved in accordance with Philippine law.
naturalized
as an damages
Americanforcitizen.
Vanessa
can recover
breach Maris
of
on
Alma.
Isof
their
claim
correct?
Explain.
answer
and
give
its
legal
protection
labor
and
on
social
justice
B.
The
third
paragraph
ofbasis.
Art. 17
of the(Sec.
Civil
law for breach
of
contract
of carriage,
followed
Pedro
to
the
United
States,
and
after
contract
of
carriage.
Decide.
Discuss
fully.
SUGGESTED
ANSWER:
10. Art
II) embody
a public policy of the
Code
provides
that:
Philippine
law
should
govern
as
the
law
of
the
a serious quarrel, Maris filed a suit and
Philippines. Since the application of Hongkong
place where
the plane
tickets
wereby
bought
and
obtained
a divorce
decree
issued
the court
law in this case is in violation of
the
contract
of
carriage
was
executed.
In
in the state of Maryland.
Zalamea v.
Definition; forum non-conveniens; long-arm statute (1994)

1) What is the doctrine of Forum non
conveniens? 2) What is a "long arm
SUGGESTED
statute"? ANSWER:
1) a) FORUM NON CONVENIENS is a
principle in Private International Law that
where the ends of justice strongly indicate
that the controversy may be more suitably
tried elsewhere, then jurisdiction should be
declined and the parties relegated to relief to
be sought in another forum. (Moreno.
b)
Where in
a broad
sensep.the
ends
of ed.).
justice
Philippine
Law
Dictionary,
254,
1982
strongly indicate that the controversy may be
more
suitably
tried
elsewhere,
then
jurisdiction should be declined and the parties
relegated to relief to be sought in another
forum. (Handbook on Private International
c)
FORUM
NON CONVENIENS means simply
Law,
Aruego).
that a court may resist imposition upon its
jurisdiction
even
when
jurisdiction
is
authorized by the letter of a general venue
statute. (Salonga. Private International Law. p,
d)
Forum
51. 1967
ed.)non conveniens is a doctrine
whereby a court of law having full Jurisdiction
over a case brought in a proper venue or
district declines to determine the case on its
merits because Justice would be better served
by the trial over the case in another
SUGGESTED
ANSWER:
jurisdiction.
(Webster's Dictionary)
(2} a) LONG ARM STATUTE is a legislative act
which provides for personal jurisdiction, via
substituted service or process, over persons or
corporations which are nonresidents of the
state and which voluntarily go into the state,
directly or by agent or communicate with
persons in the state for limited purposes,
inactions which concern claims relating to
performance or execution of those purposes
b)
LongLawarm
statute5threfers
simply to
(Black's
Dictionary,
Ed. 1979).
authorized substituted service.
Divorce; effect of divorce granted to former Filipinos; Renvoi

Doctrine (1997)
In 1977, Mario and Clara, both Filipino
citizens, were married in the Philippines.
Three years later, they went to the United
SUGGESTED
States ofANSWER:
America and established their
Assuming
the estate
of theCalifornia.
decedent is
residence that
in San
Francisco,
In
being
settled
in
the
Philippines)
1987, the couple applied for, and were
1.
The national
law of the decedent
granted,
U.S. citizenship.
In 1989, (French
Mario,
law)
shall
govern
in
determining
whoClara,
will
claiming to have been abandoned by
succeed
to
his
estate.
The
legal
basis
is
Art.
16
In
1990,
returned
to the Philippines
was
ableMario
to
secure
a decree
of divorceand
in
ALTERNATIVE
ANSWER:
par.
2,
NCC.
married
Juana U.S.A.
who knew well Mario's past
Reno,
Nevada,
French
law
shall
govern
the
distribution
of
his
(a)
life. Is the marriage between Mario and
real
properties
in thedoctrine
Philippines
when
(b)
Would
the renvoi
haveexcept
any
Juana
valid?
the
real
property
is
land
which
may
be
relevance to the case?
transmitted
to a foreigner only by hereditary
SUGGESTED
ANSWER:
SUGGESTED
ANSWER:
succession.
(a)
Yes, because
Phil law recognizes the
2.
The
distribution
of and
the Clara
real properties
divorce between Mario
as valid. in
the Philippines
shall be governed by French
SUGGESTED
ANSWER:
(b)
No,The
The renvoi
in cases
where one country
law.
legaldoctrine
basisisisrelevant
Art. 16,
NCC).
applies
the domiciliary
theory and the other the
SUGGESTED
ANSWER:
nationality theory, and the issue involved is which of the laws of the
two
countries
should apply toby
determine
the order
shall
be governed
French
law.of succession,
The legal
the amount of successional rights, or, the intrinsic validity of
basis
is
Art.
16,
NCC).
testamentary provisions. Such issue is not involved in this case.
Applicable Laws; Wills executed abroad (1993)

ALTERNATIVE
ANSWER:
A, a Filipino,
executed a will in Kuwait while
Yes.
- which
meansAssume
"referring
there"Renvoi"
as a contract
worker.
thatback"
underis
relevant
because
here,
we
are
applying
U.S.
the laws of Kuwait, it is enough that the
law
to
Mario,
being
already
its
citizen,
testator affix his signature to the presence of
although
theand
formalities
thenot second
two witnesses
that the willofneed
be
marriage
will
be
governed
by
Philippine
law
acknowledged before a notary public. May the
SUGGESTED
ANSWER:
under
the
principle
of
lex
loci
celebrationis.
will be probated in the Philippines?
Domiciliary
theory
vs. Nationality
(2004)
Yes. Under
Articles
815 Theory
and 17
of the Civil
Distinguish
brieflyof the
but execution
clearly of
between:
Code, the formality
a will is
Domiciliary
nationality
theory of
governed by theory
the lawand
of the
place of execution.
SUGGESTED
ANSWER:
personal
law.
(5%)
If the will
was
executed with the formalities
DOMICILIARY
THEORY
that valid
the
prescribed by the
laws of posits
Kuwait and
personal
status
and
rights
of
a
person
are
there as such, the will is valid and may be
governed
the
law of Borrowing
his domicile Statute;
or the
Definition;
Cognovit;
probated inbythe
Philippines.
place
of
his
habitual
residence.
The
Characterization(1994)
NATIONALITY
THEORY,
on(Conflict
the other
In Private International
Law
of hand,
postulates
it Cognovit?
is the law2)of
Laws) whatthat
is: 1}
A the person's
nationality
that governs
such status and rights
borrowing statute?
3) Characterization?
Forum Non Conveniens & Lex Loci Contractus (2002)
Felipe is aANSWER:
Filipino citizen. When he went to
SUGGESTED
1) a) COGNOVIT
is he
a confession
of judgment
Sydney
for vacation,
met a former
business
whereby
of tothe
is
associate, a
whoportion
proposed
him complaint
a transaction
confessed
the
who denies
thea
which
tookby
him
to defendant
Moscow. Felipe
brokered
rest thereof
(Philippine
Dictionary,
3rd
contract
between
Sydney law
Coals
Corp. (Coals),
Ed.)Australian
(Ocampofirm,
v. Florenciano,
L-M 13553,
an
and Moscow Energy
Corp.
b) COGNOVIT
is a "statement
of confession"
2/23/50).
(Energy),
a Russian
firm, for Coals
to supply
Oftentimes,
it isonreferred
to basis
as a "power
coal
to Energy
a monthly
for threeof
attorney"
orthese
simply
as were
a "power",
it isand
the
years. Both
firms
not doing,
written
authority
of
the
debtor
and
his
direction
still do not do, business in the Philippines.
to
the shuttled
clerk of the
district
court,and
or justice
Felipe
between
Sydney
Moscowof
the
peace
to
enter
judgment
against
the
debtor
to close the contract. He also executed
in
as
stated
therein.
(Words
and
Phrases,
Sydney a commission contract with Coalsvol.
and7,
c)
COGNOVIT
is a plea
in an
action
which
pp.
115-166).
in Moscow
with Energy,
under
which
contracts
acknowledges
that
the
defendant
did
he was guaranteed commissions by both firms
undertake
and
promise
as
the
plaintiff
in
its
based on a percentage of deliveries for the
declaration
has
alleged,
and
that
it
cannot
three-year period, payable in Sydney and in
deny
that itrespectively,
owes and unjustly
detains
from the
Moscow,
through
deposits
in
plaintiff
the
sum
claimed
by
him
inBoth
his
accounts that he opened in the two cities.
declaration,
and consents
that judgment
be
firms paid Felipe
his commission
for four
entered
against
the
defendant
for
a
certain
months,
after which
they the
stopped
paying
him.
A.
Define
or
explain
principle
lex
d)
COGNOVIT
is Phrases,
a note
authorizing
a of
lawyer
sum.
[Words
and
vol.
7, pp. 115-166).
Felipe
learned
from
his
contacts,
who
loci
contractus.
for confession
of (2%)
judgment by defendant. are
residents
of Sydney
and Moscow,
two
B.
Define
or explain
the rulethat
of the
forum
firms
talked to each
and decided
to cut
2) conveniens
"BORROWING
STATUTE"
-Laws of
the
non
(3%)other
him
He now
suitbyinanother
Manila
against
C.
Should
thefiles
Philippine
court state
assume
stateoff.
or
jurisdiction
used
in
both
Energy
for(5%)specific
jurisdiction
overand
thequestioned
case?
Explain.
decidingCoals
conflicts
involved
in the
SUGGESTED
ANSWER:
performance.
choice of law
(Black's Law Dictionary, 5th ed.
A.
LEX
LOCI CONTRACTUS may be
1979).
understood
in two senses, as follows:
3) a) "CHARACTERIZATION"
is otherwise
called "classification" or "qualification." It is
It is the
law of the aplace
where
the (1)
process
of assigning
disputed
question to
contracts,
wills,
and
other
public
its correct legal category (Private International
instruments
Law,
Salonga). are executed and governs their
It is and
the solemnities,
proper law of pursuant
the
e.i.,
forms
to the
b) (2)
"CHARACTERIZATION"
is acontract;
process
in
the
of law
intended
tothe
govern
firstsystem
paragraph,
Article
17 of
Newthe
Civil
determining
under
what
category
a certain
set
entire
contract,
including
essential
Code;oror
of facts
rules fall.
(Paras, its
Conflict
of Laws,
requisites,
indicating the law of the place
p. 94.
1984 ed.)
with which the contract has its closest
connection or
CIVILCIVIL
LAWLAW
Answers
Answers
to thetoBAR
the BAR
as Arranged
as Arranged
by Topics
by Topics
(Year(Year
1990-2006)
1990-2006)
the
marriage,
the
conclusion
isafter
that
Digna's
father
may
revoke
the
SUGGESTED
ALTERNATIVE
ANSWER:
ALTERNATIVE
ANSWER:
separation
of ANSWER:
property
for
failure
of
the
husband
to
Marriage;
Psychological
Incapacity
(2006)
Family;
Constitutional
Mandates;
Divorce
(1991)
protection
Sometime
children's
drug
the
(d)
under
from
[Art.
Distinguish
in
before
c)
Thereafter,
who
(b)
legitimate
This
No.
Failure
the
where
court
is
addict.
according
college,
35(1),
What
Article
Rafael
the
asame
case
relatives
in
shall
of
presumptive
Gabby
death
the
Family
would
briefly
Efforts
1990,
the
Ais
35
way
of
and
to
uphold
an
main
solemnizing
rights
(2),
of
acquired
ineffective
law
of
Code].
Sarah,
to
your
innocent
but
B
and
C.
C
FC.
have
decided
of
may
(i.e.
elements
Bringing
the
clearly
legitimes
by
answer
Filipino
In
The
born
him
a
the
validity
contract
purchaser
the
officer
mansion
that
disinheritance
to
fact
rehabilitated
children
athe
between:
break
his
same
be
Filipino
laborers,
case,
which
of
that
to
and
family
(to
in
marriage
file
the
their
in
the
evidence
of
Ric
Baguio
sanctity
the
but
should
the
good
Substitute
Dthe
party
contract
because
were
was
later
relation
asabove
court
C's
faith
City,
may
under
country
Under
sperm.
1.
a)
natural
sister.
sexually-transmissible
In
Flor
the
This
Philippine
recognition
Paulita
Bar
together,
How
1028
not
be
to
in
as
of
Since
Who
1989,
preceding
Candidates
and
is
will
for
Sec.
Thus,
Article
different
After
left
will
mother
of
Bob
Maris,
Virgillo
being
you
Rico
Law,
which
7(b)
the
be
of
under
a
and
rule
213
Article,
an
was
entitled
series
conjugal
in
as
his
of
a
Patricio
from
were
they
Sofia
illegitimate
Filipino
consideration
on
RA8552.
her
of
a
the
marriage
salaried
the
Jorge's
of
the
are
only
middle
married
disease,
above-cited
got
to
test,
Mahigugmaon
home
Family
case
the
citizen,
citizens.
married
the
The
opposition
Andy's
to
employee
child
house
name.
because
of
properties
to
found
Anne
Supreme
of
Code,
Ninl
each
married
her
Since
can
provision,
In
and
sperm
The
is
to
1970,
no
adulterous
other
V.
be
of
and
and
void
to
be
lot?
Court
their
Bayadog,
Court
child
the
acquired
brought
her
the
was
serious
Rowena
Mabel
then
because
(3%)
inprobate
boss
under
has
the
at
by
Saudi
Arabia
to
work.
There,
being
converted
into
Islam,
a)
Discuss
the
effect
of
divorce
donation
and
get
back
the
car.
None
of
them
are
necessarily
psychologically
1)
Eva
No,
a)
the
It
depends
Motion
an
action
to
on
Dismiss
whether
for
legal
should
or
separation
not
not
be
was
on
If
the
two
Filipinos
believed
in
good
faith
that
valid
of
prior
time
with
the
the
during
existing
under
parties
testator.
Hong
the
marriage
through
lifetime
She
Kong
is,
their
which
of
law,
therefore,
the
actual
itprohibiting
was
child.
shall
joint
not
disqualified
be
However,
dissolved
valid
contribution
and
ifsaid
to
the
by
respected
receive
of
the
action
money,
divorce
the
based
the
SUGGESTED
ANSWER:
(328
comply
with
his
marital
duty
of
mutual
respect
disregard
in
unsuccessful.
is
parted
of
authority
children.
finally
upon
5-hectare
into
Luis
legitimate
a
man
acting
her
the
illustrated
and
marriage
real
married
that
relying
ways.
appropriate
under
Rizza
Art.
agricultural
choice
nephews
age
the
and
Both
Can
172
by
been
is
G.
father
settlements
aon
mistake
immaterial.
Zalamea
Recently.
of
Baby
provides
went
special
inheriting
living
the
civil
forum
did
land
ask
home
of
correctness
not
registry
together
v.
in
G
that
for
and
fact,
but
parental
Court
approve
died.
Oriental
to
as
annulment
the
their
they
choice
collateral
not
What
all
and
of
filiation
aBing
shall
of
the
mistake
Appeals
of
of
registries
is
are
of
law.
not
the
be
of
that
an
years
introduced
drinking
decided
house
Maria's
of
there
governs
for
of
122
into
to
of
will.
Rico
age
is
Beth's
marry
her
no
[2000]
citizen,
is
and
shall
If
husband,
law
ovary.
the
each
you
did
).
New
She
in
be
In
other
full-time
Tokyo
became
were
Alberto.
separated
Civil
the
before
in
pregnant
Code
the
an
household
a
Paulita,
wedding
illegitimate
the
and
from
(Persons),
case,
last
9isinmonths
out
the
the
appears
incurable.
Two
(2)
years
after
their
marriage,
which
took
Gemma
filed
a
petition
for
the
declaration
of
A.
How
does
the
1987
Constitution
can
by
recorded
marriage
affidavit
good
aware
parental
Manila,
who,
and
also
question)
marrying
converge.
then
amay
enter
faith
B
of
afile
had
marriage
naturalized
As
did
American
not
affect
citizen,
the
validity
and
has
marriage
7
law
ruled
Eva
Johnson,
Ariel
both
any
Amor
kept
relation
aAmerican
married
held
is
qualified
in
Mystica,
is
several
to
Rosa
adopt
cases
learned
Vicky.
that
of
the
when
second
husband
marriage
of
medically
and
Roxas
excessive
of
City
in
198O.
In
1984,
Flor
was
offered
a
(Brown
v.
Yambao,
G.R.
No.
L-10699,
October
18, SCRA
obtained
by
Sonny
and
Lulu
in
Canada.
Philippines.
property,
decreed
on "open
legacy.
Ernie
in
or
and
Oslo.
industry
will
continuous
Divorce
receive
shallare
the
obtained
possession
beis
legacy
owned
abroad
in
by
ofhis
them
thefavor
by
status
in
a the
Filipino
common
because
of house
an
isillegitimate
in
itbest
not
is not
incapacitated.
Being
a
nagger,
etc.
are
at
Tony
and
Susan
entitled
to
and
granted.
at
the
least
grounds
18
Article
years
of
sexual
236
old
of
at
infidelity
the
the
time
of
Carol
her
Code
husband
asserts
as
the
Notary
Public
authorized
to
solemnize
SUGGESTED
ANSWER:
SUGGESTED
ANSWER:
1957).
should
be
so
advised.
(Article
135
(4),
Article
101,
FC).
She
may
also
later,
gave
birth
to
a1992
baby
boy,
named
Alvin.
Therefore
property.
marriage,
of
respective
authority.
legitimate
the
certificate
Mindoro,
valid
time,
relatives)
a
ground
law,
(228
rights
only
ie.,
SCRA
since
H
which
can
of
or
if
for
children
of
towns
the
the
B's
legal
title,
inherit
disinheriting
twenty
23
he
four
Philippine
person
to
separation?
acquires
[1993])
registered
is
live
children:
in
established
years
intestacy.
and
who
, Family
it
rights
Court
work.
ago,
D.
may
is
exclusively
X
Explain.
Therefore,
the
and
under
by
(Arts.
give
which
should
law
any
YWas
of
consent
a
992,
are
of
of
his
valid
in
the
the
the
not
to
child
situation
ceremony
mother
in
place
day
chores
Judge?
which
of
on
adopted
10
the
for
October
unless
occurred
celebrated
1991
him.
case,
by
1988,
During
Bar
her
the
the
Bethel
during
Examinations.
natural
according
court
property
their
discovered
the
cohabitation,
father
finds
Relations
to
that
relations
Japanese
They
to
compelling
her
use,
husband
agreed
of
aas
that
the
of
her
own
endeavor,
was
able
to
buy
a
parcel
nullity
of
her
marriage
with
Arnell
on
the
Ariel
on
January
1,
when
Ariel
returned
to
the
Philippines
strengthen
the
family
as
an
Institution?
her
the
American
marriage.
husband
It
is
Tom,
merely
filed
an
a1)
irregularity
petition
in
and
teaching
wife
are
Job
required
in
Canada,
to
which
adopt
she
jointly,
accepted.
each
one
(2%)
proportion
recognized.
child, Judge,
inofficious.
the
same
to
The
their
institution
can
respective
be
filed
of during
Baldo,
contributions.
the
which
lifetime
applies
In
the
of the
absence,
onlyputative
to the
offree
proof
only
physical
manifestations
indicative
of
The
In
substitute
divorce
is
parental
not
valid.
authority,
Philippine
the
law
parents
does
As
I
shall
rule
as
follows:
Jorge's
lot
as
coowners
in
equal
shares.
Under
Article
Marriage;
Non-Bigamous
Marriages
(2006)
amended
the
and
prerogative
the
by
contracting
Republic
to
take
Act
by
custody
6809,
her
husband
provides
of
Bing.
If
in
of
she
a
marriage,
then
the
marriage
is
valid.
SUGGESTED
ANSWER:
Marriage;
Grounds;
Declaration
of
Nullity:
Annulment:
Legal
2)
ALTERNATIVE
Would
your
ANSWER:
answer
for
be
(a)
the
same
if
it
should
B.the
Do
the
Constitutional
policy
on
the
family
James
has
abe
disease
which
he
contracted
file
an
action
for
declaration
of
nullity
of
the
marriage
apply
marriage
following:
first
be
his
to
marriage?
1001,
institution
protected
place
name.
the
marriage;
the
1OO5
marriage
where
of
stipulation
In
(1)
of
A
and
the
by
the
and
D-l
and
the
year
975,
the
record
B
and
are
Ecourts.
solemnized
in
airline
and
2000,
Civil
question.
D-2
made
of
F,Code)
Mila's
his
birth
ticket
shall
parties
children
on
appearing
be
business
was
August
annulled
to
issued,
with
30,
in
middle
new
laws.
reasons
should
with
to
parcel
land
execute
Mystica.
Civil
One
of
name,
which
be
to
coconut
Rosa
Code
year
order
a
applied
Marriage
filed
her
she
later,
where
otherwise.
an
land
mother's
was
as
action
Johnson
able
regards
Settlement.
Article
was
for
legal
surname.
acquired
to
returned
register
76
separation
the
thereof
Rowena
property
by
What
on
under
to
Rico
clearly
his
is
ground
of
psychological
incapacity.
She
alleged
the
which
Regional
may
subject
Trial
the
Court
solemnizing
of
Makati,
officer
for
the
to
of
them
must
be
qualified
to
adopt
in
his
or
her
In
1989,
she
applied
for
and
was
granted
(3)
Suppose
Ric
himself
procured
the
b)
(1)
Would
Who
Explain
is
your
the
the
answer
rationale
be
of
the
of
Alvin?
same
this
provision.
Explain.
if
they
to
father."
portion,
contrary,
will
respected.
their
contributions
InFather
sum,
and
the
estate
corresponding
of
Lamberto
shares
shall
are
beof
a)
Art.
147
of
the
Family
Code
provides
part
psychological
incapacity.
More
than
just
showing
not
lose
provide
their
parental
for
absolute
authority
divorce.
in
favor
Philippine
of
the
opposition
should
be
sustained
in
part
and
147
of
the
Family
Code,
when
aher
man
SUGGESTED
ALTERNATIVE
ANSWER:
ANSWER:
SUGGESTED
ANSWER:
Marvin,
athe
Filipino,
and
Shelley,
an
American,
the
was
bigamous
third
at
least
paragraph
marriage
18
years
abroad.
that
"nothing
old,
then
in
she
this
Code
is
no
Naturalization
(2003)
Separation:
Separation
ofaddendum
Property
(2003)
Under
The
following
the
established
are
the
requisites
principles
prescribed
ofin
land
lawprohibited
turn
out
that
the
marriage
license
was
and
the
provision
that
marriage
isitand
thea
even
prior
to
their
marriage
although
James
did
not
know
February
5,to
1994,
1)
Does
Rosa
have
legal
grounds
to
ask
for
if
1988
the
G?
venture
agreement.
insofar
the
Explain
where
civil
by
husbands
as
failed,
register
it
the
your
(Karla
town
prejudices
and
passengers
answer.
behavior
or
mayor
was
her
a
final
still
creditors
the
of
constitute
Judgment;
X
a
are
legitime
in
minor
his
nationals
sued
office
at
of
or
her
the
D,
(2)
aJuliet
for
time
and
and
an
not
provides
native
the
herself
from
his
spouses
Nevada,
prepared
savings.
that
during
is
and
is
allowed.
the
he
the
the
validly
five-year
system
After
obtained
all,
in233
cohabitation,
the
of
own
use
in
relative
that
of
her
presumed
distributed
name
as
be
follows:
with
equal.
the
The
same
rule
and
presumption
"widow."
shall
She
apply
that
after
2
months
of
their
marriage,
Arnell
adoption
sanctions.
of
the
minor
child
of
her
sister,
a by (2.5%)
own
Canadian
right
citizenship.
(Republic
v.document
The
Toledano,
following
year,
SCRA
she
9
falsified
birth
certificate
to
persuade
sought
to
adopt
Eva's
illegitimate
SUGGESTED
ANSWER:
The
rationale
of
the
2nd
paragraph
of
Article
213
b)
No,
She
Considering
The
No,
Baby
action
may
lex
remarry.
cannot
fori
of
that
A
should
will
ask
the
While
not
for
solemnizing
be
prosper.
annulment
a
applied
strict
Being
interpretation
officer
because
of
her
an
has
the
no
Andy
the
manifestations
is
the
biological
of
incapacity,
father
of
the
Alvin
petitioner
being
the
that
when
a
man
and
a
woman
who
are
courts
substitute
cannot
who
grant
acquires
it.
it
A
to
marriage
the
exclusion
between
of
denied
in
part.
Jorge's
omission
as
spouse
ofso
SUGGESTED
ANSWER:
SUGGESTED
ANSWER:
woman
who
are
capacitated
to
marry
each
to
joint
deposits
of
money
and
evidences
of
credit.
both
residents
of
California,
decided
to
get
shall
longer
be
under
construed
parental
to
derogate
authority
from
and
the
neither
duty
advice
to
H
is
to
comply
with
them,
If
After
Boni
living
was
no
together
longer
for
a
Filipino
one
(1)
citizen,
year,
Rico
the
and
Miss
Universe,
from
Finland,
came
to
the
registration
and
I
law,
the
presumption
is
that
the
Which
of
the
following
remedies,
i.e.,
(a)
spurious?
Explain.
foundation
of
the
family
and
shall
be
protected
himself
until
he
was
examined
two
[2)
years
later
when
a
child
legal
separation?
2)name
Has
the
prescribed?
psychological
incapacity
existing
at
of
valid
admission
P10,000,000.00.
the
residents
institution
marriage
marriage?
of
of,
legitimate
of
settlement
Explain
After
D-l
andand
obtaining
where
your
filiation
D-2
was
answer.
shall
the
a
executed
favorable
inthe
only
defendant
2)
a time
public
Can
apply
in
the
state
also
community
handwriting.
maternal
parties
acquired
anHowever,
absolute
must
or
They
stocks
conjugal
divorce
be
agreed
asaction
in
unmarried.
the
a listed
partnership
from
middle
on the
corporation
name
This
wifeof
is
Maris.
ismust
not
in
gains
(1)
showed
signs
of
disinterest
in
her,
neglected
Filipina.
Can
the
petition
be
granted?
(5%)
(1994).
the
American
husband
sued
for
divorce
from
Virgilio
inhis
afollowing:
Canadian
to
marry
him
despite
her
minority
and
daughter?
Explain.
(2%)
(e)
Under
the
Local
Government
Code,
aa
No,
Under
(per
the
dondee)
the
answer
facts
It
depends.
would
stated,
not
X
Rules
and
be
the
Y
on
are
same.
Adoption
legitimate
The
My
answer
will
still
be
the
same.
Paragraph
must
of
the
show
Family
that
Code
the
respondent
is
to
avoid
is
the
incapacitated
tragedy
of
suit
marriage
of
authority
illegitimate,
Article
is
filed
or
to
in
26
for
he
perform
Philippine
is
legal
of
barred
the
separation
the
by
Family
courts
Article
marriage
because
and
Code
992
Eric
because
of
would
both
the
was
source
of
the
sperm.
Andy
is
the
legal
father
of
capacitated
to
marry
each
other,
live
two
the
parents.
(2)
Filipinos
cannot
be
dissolved
by
a
Maria
is
not
preterition
of
a
compulsory
heir
other
lived
exclusively
with
each
other
as
married
in
their
local
parish.
Two
years
after
or
1)
Carol
responsibility
nor
If
Norma
either
can
parents
spouse
assert
and
the
contracted
guardians
prerogative
for
the
to
In
the
present
case,
the
action
for
compulsory
namely:
divorce
Mabel
separated.
is
valid.
Hence,
Rico
then
his
marriage
met
and
married
to
Anne
is
Philippines
on
a
tourist
visa.
While
in
this
transferee
of
registered
land
is
not
aware
declaration
of
nullity
of
marriage,
(b)
was
already
born
to
them.
Bethel
sues
James
for
annulment
of
by
the
State
bar
Congress
from
enacting
a
law
the
either
document
judgment,
September
on
airline
celebration
the
or
both
free
company
or
the
1988
a
of
creditors
private
of
portion
them
because
marriage.
maintained
contract
handwritten
sought
in
the
the
law,
to
marriage
its
execute
office.
amount
instrument
R.A.
6809,
with
on
of
accord
anymore
After
(Article
a
conjugal
Maris
with
in
119,
partnership
the
received
Filipino
Family
Civil
culture
the
Code.
of
Code).
final
gains;
and
The
judgment
(2)
customs
By
Change
each
conjugal
of
and
in
the
registered
inVirgilio
herrequirements
name.
her and went
abroad.
He returned
to order.
the
court. After
with
the
was Paulita
servedofsold
with
the the
summons,
lawparcel
assured
her that
everything
is in
He comply
town
mayor
may
validly
solemnize
a
marriage
In
special
parental
authority,
the
parents
or
to
comply
with
the
essential
marital
obligations
mother
who
sees
her
baby
torn
away
from
her.
marriage
children
effective
August
would
of
B
be
and
22,
void
2002
C.
because
E
provides
is
the
of
the
the
legitimate
3(a)
of
Article
184
of
the
Family
Code
does
not
hired
these
capacitate
under
Civil
Code
actions
in
Art.
from
the
a
7
had
Filipino
the
inheriting
Philippines.
already
law
spouse
authorizes
prescribed.
ab
intestato
The
to
remarry
Philippine
only
from
only
the
Alvin
because
there
was
neither
consent
nor
ALTERNATIVE
SUGGESTED
ANSWER:
exclusively
with
each
other
as
husband
and
Heir
Legitime
Legacy
Institution
TOTAL
divorce
obtained
abroad.
(Garcia
v.
Redo,
G.R.
in
the
line.
Hence,
Art.
854
of
the
Civil
husband
and
wife,
the
property
acquired
their
marriage,
Shelley
obtained
aand
divorce
in
children
marriage
takespouses'
custody.
and
inANSWER:
bad
wards
However,
below
his
if
she
twenty-one
or
was
her
less
share
years
than
of
of
18
recognition
was
filed
by
Joey's
mother,
Dina,
valid
Letty,
ifadirect
celebrated
single
woman
in
accordance
twenty-six
with
years
law
ofon
country,
she
fell
in
love
with
and
married
aIt
any
defect
in
the
title
of
the
property
he
annulment
of
marriage,
(c)
legal
separation,
their
marriage.
James
opposes
the
annulment
on
the
ground
that
Marriage;
Grounds;
Nullity;
Annulment;
Legal
Separation
allowing
divorce
in
the
Philippines?
another
and
the
reducing
P500,000.00.
signed
person
the
by
house
age
Therefore,
without
of
and
parent
majority
lot
committing
D,
and
concerned.
D-l
to
condominium
18
bigamy?
years
D-2
In
took
will
the
adoption
Family
divorce,
of
partnership
donates
to
to
Code
she
is
Rafael,
the
intended
of
married
other
gains,
is
who
significant.
fifty
for
her
the
first
the
childhood
percent
husband
examined
benefit
If(26)
(50%)
and
sweetheart
of
the
the
the
the
of
second
wife
Philippines
after
3faith,
years
but
did
not
even
get
including
the
residency
requirement
of
three
theland
Canadian
court
tried
the
case
and
decreed
did
not
divulge
to
her
his
prior
marriage
but
said
law
is
silent
as
to
the
territorial
limits
A.
Under
the
doctrine
of
lex
loci
contractus,
as
1)
a)
Yes,
the
abandonment
of
Rosa
by
Ariel
While
concealment
of
drug
addiction
existing
at
the
of
marriage
and
that
it
is
also
essential
that
he
A.
Sec,
2,
Article
II
of
the
Constitution
is
said
that
the
maternal
affection
and
care
during
anyone
exercising
parental
authority
does
not
absence
children
following;
of
of
SEC.
a
B
formal
and
4.
Who
G.
requisite.
E
may
is
the
adopt.
legitimated
In
such
The
a
case,
child
make
any
distinction.
The
provision
states
that
Constitution
when
airplane
the
legitimate
the
chief,
other
affords
relatives
the
spouse
marriage
full
of
was
his
protection
a
is
father.
foreigner
void,
hence,
to
at
labor
the
a,
ratification
to
the
artificial
insemination.
Under
wife
without
the
benefit
of
marriage
or
under
a
No.
138322,
October
2,has
2001)
.met
Philippine
laws
Code
does
not
apply,
and
the
institution
of
during
their
cohabitation
are
presumed
to
California.
While
in
Boracay,
Marvin
met
age
net
years
mentioned
profits
old,
then
of
in
Norma
the
the
community
second
better
and
property
third
right
since
:the
or May
16,1994,
after
the
death
ofeffectivity
the
of
age.
the
During
place
where
the
marriage
it
was
celebrated.
ofthe
and
Since
Letty,
the
a)
Discuss
the
status
of
the
first
and
Filipino
doctor.
Her
tourist
visa
having
been
purchased.
(See
Tojonera
v.aif
Court
of
Appeals,
and/or
(d)
separation
of
property,
can
an
he did
not
even
know
that
he
had
such
aRico
disease
somarried
that
there
(1997)
Explain
absence
unit,
effect
get
their
as
on
well
your
legitimes
18
of
as
answer.
December
the
Gabby's
of
foregoing
P500.000.00
mansion
1989).
evidence,
The
and
divided
marriage
into
the
adopted
marriage
Pedro,
place
his/her
in
also
present
[In
a
occurred
are:
common
Filipino
Adoption
property,
before
citizen,
fund
of
(3)
Stephanie
the
Rowena
in
aSteve,
fruits
religious
shall
Nathy
of
of
their
the
original
of
the
transfer
certificate
of
title.
1)
in
touch
with
her.
Worse,
they
several
(3)
the
years.
divorce.
Otherwise,
Shortly
thereafter,
the
adoption
Flor
will
not
be
a
with
Gigi.
What
action,
any,
can
Juliet
Baldo
500,000
200.000
700,000
Elvira
250,000
the
exercise
by
aorchard
town
mayor
of
such
Barrier
between
illegitimate
&2180
legitimate
relatives
(1996)
C.
As
legitimate
children
B
and
C,
X
and
Ythe
must
be
shown
to
be
incapable
ofrecognizes
doing
so
due
to
time
of
marriage
constitutes
fraud
under
Art.
46
of
the
a
following
general
may
rule,
adopt:
the
Any
law
Filipino
of
the
Citizen
place
where
a (Republic
for
more
than
one
(1)
year
is
a
ground
for
the
early
years
of
the
child
are
generally
needed
provides
that:
The
State
the
lose
parental
authority.
Those
who
are
charged
ANSWER:
SUGGESTED
ANSWER:
there
of
B&G.
was
F
actually
is
the
illegitimate
no
valid
marriage
child
of
B
license.
and
an
alien
who
is
a
former
Filipino
citizen
is
v.
Quintero-Hamano,
G.R.
No.
and
time
c,
and
the
of
d
the
are
stipulation
immaterial.
marriage,
as
the
to
summary
DOJ
has
dismissal
issued
an
law,
children
conceived
by
artificial
Successional
Rights
of
Adopted
Child
(2004)
void
marriage,
their
wages
and
salaries
shall
SUGGESTED
ANSWER:
Juliet
can
file
an
action
for
apply
to
Sonny
and
Lulu.
Under
Article
15
of
Miguela
as
heir
is
valid,
but
only
to
the
extent
have
been
obtained
by
their
joint
efforts,
work
Manel,
a
Filipina,
who
was
vacationing
there.
paragraphs
conjugal
the
adoption
partnership
of
by
Article
Norma
of
property
Bing
of
the
terminates
Civil
shall
Code".
be
putative
father.
The
action
will
prosper
if
Joey
marriage
Letty
bought
was
a
celebrated
mango
aboard
out
a
vessel
of
her
own
of
expired
and
after
the
maximum
extension
amended
103
SCRA
marriage
467).
Moreover,
settlements.
the
person
(2%)
dealing
aggrieved
spouse
avail
himself/herself
ofwas
no
fraud
or
bad
faith
on
his
part.
Decide.
Astorga
Garcia,
G.R.
No.
148311,
March
31,
Under
what
conditions,
respectively,
may
drug
legitimate
agricultural
settlement
three
equal
filiation
being
land.
parts
void,
and
shall
D-l
the
be
and
property
proved
D-2
by:
will
Relations
(1)
get
the
a
Family
ceremony
Has
separate
administer
Alberto
Code,
property
in
the
the
Cebu
the
conjugal
right
answer
City,
and
to
celebrated
the
partnership
share
would
income
in
that
the
according
property;
from
be
shares
that
their
of
the
to
times
in
social
functions
but
he
snubbed
her.
allowed.
Canadian.
Can
Virgilio
marry
again
in
the
take
against
him?
Explain.
(2.5%)
250,000
Ernie
50,000
50,000
TOTAL
750,000
Marriage;
Requisites;
Requisites
(1999)
Marriage
License
(2002)
authority.
However,
by
analogy,
with
the
1
of
legal
age,
1)
The
marriage
of
A
and
B
is
void
because
the
No,
C.
It
Virgilio
should
cannot
be
distinguished
validly
remarry.
when
His
the
case
is
b)
The
natural
mother,
Carol,
should
have
the
Cristina
the
illegitimate
daughter
of
Jose
and
some
psychological,
not
physical
illness
have
the
following
rights:
1)
To
bear
the
FC
which
makes
the
marriage
voidable
under
Art.
45
by
the
child
more
than
paternal
care
contract
is
made
or
entered
into
governs
with
legal
separation
unless
upon
returning
the
SUGGESTED
ANSWER:
sanctity
of
family
life
and
shall
protect
and
with
special
parental
authority
exercise
such
149498,
(Hontiveros
May
v.
20,
IAC,
2004).
G.R.
No.
64982,
October
23,
qualified
to
adopt
a
relative
by
consanguinity.
runs
opinion
counter
D
(Opinion
P166,666.66
to
our
134
fundamental
s.
of
1993)
and
that
statutory
the
same
B.
insemination
Does
Sotero
are
have
legitimate
the
personality
children
to
of
seek
the
A
Filipino
couple,
Mr.
and
Mrs.
BM,
Jr.,
be
owned
by
them
in
equal
shares
and
the
declaration
of
nullity
of
the
marriage
on
the
New
Civil
Code,
laws
relating
to
family
of
the
free
portion
of
one-half.
Jorge
is
still
(i)
If
the
wife
discovers
after
the
or
industry
and
shall
be
owned
by
them
in
Marvin
fell
in
with
After
aof
brief
2)
forfeited
parental
Theregistered
liability
authority
in
favor
ofland
Julio's
of
of
the
Carol
parents
common
over
Bing.
tochildren
Jake's
or,
can
present
his
birth
certificate
that
bears
the
Rabuya,
The
Law
on
Persons
and
Family
Norwegian
personal
earnings.
registry,
a)
Norwegian
Who
would
law
own
applies.
the
If
allowed
therefore,
the
Bureau
of
Immigration
with
may
safely
rely
on
the
addiction
be
alove
ground,
ifher.
atnot
all,
(a)
for
aabsolute
open
governing
reduced
and
continuous
the
testamentary
marriage
possession
is,
therefore,
disposition
the
status
ofif 2005;
marriage
the
work
and
formalities
(4)
or
neither
Industry
is
void.
of
may
Philippine
(Article
bring
an
142,
law.
action
Civil
Pedro
for
Code).
later
the
In
stock
acquired
by
Paulita?
2)
Can
Alberto
When
she
got
sick,
he
did
visit
her
even
if
Philippines?
Explain.
ALTERNATIVE
ANSWER:
50,000
200,000
1,000,000
ALTERNATIVE
ANSWERS:
Inter-Country
Adoption;
Formalities
(2005)
Torts;
Prescriptive
Period
(2004)
authority
of
members
of
the
Judiciary
to
The
marriage
settlement
between
Gabby
and
On
What
May
isare
the
1,
1978
status
Facundo
of
the
following
married
Petra,
marriages
by
and
solemnizing
better
right
officer
incomplying
light
had
of
the
no
legal
principle
authority
that
the
to
not
property
covered
was
by
acquired.
Article
26
the
Family
Code,
Maria,
died
intestate,
without
any
descendant
of
surnames
the
FC,
the
of
action
the
father
must,
and
however,
the
mother,
be
brought
in
within
SUGGESTED
ANSWER:
SUGGESTED
ANSWER:
respect
to
its
nature
validity,
obligation
Philippines,
Rosa
agrees
to
cohabit
with
Ariel
strengthen
the
family
as
athe
basic
autonomous
1984;
Supposing
Tolentino,
that
they
Commentaries
filed
the
petition
and
to
authority
only
during
the
time
that
the
child
is c)
2.
All
the
D-l
properties
P166,666.66
which
+
Kevin
P250.000.00
and
Karla
B.
Suppose
that
both
parties
at
the
time
of
laws.
injustice
2
sought
in
possession
to
be
of
cured
full
civil
by
capacity
Article
and
26
legal
is
the
spouses,
declaration
provided,
of
nullity
that
of
both
the
marriage,
of
them
(ii)
If
the
wife
goes
(to)
abroad
to
work
as
decided
to
adopt
YV,
an
orphan
from
St.
property
acquired
by
both
of
them
through
the
ground
that
he
willfully
caused
loss
or
Relations,
p.
613].
rights
and
duties,
status,
and
capacity
of
entitled
to
one-half
of
estate
as
his
marriage
that
her
husband
has
AIDS.
equal
shares.
This
is
true
even
though
the
courtship
and
with
all
the
parents
there
arises
none,
from
the
quasi-delict
children
(Arts.
of
the
2176
guilty
signature
of
his
putative
father.
However,
the
the
riceland,
Ship
Captain
and
what
has
property
authority
Relations
to
solemnize
governs
(b)
for
an
annulment
of
the
marriage
contract,
and
Deportation
(BID)
is
presently
demanding
correctness
of
its
certificate
of
title
and
declaration
of
nullity
marriage,
of
community
P250,000.00
a
legitimate
of
each.
property,
child;
Hence,
or
under
(2)
the
any
shares
Art.
other
75
will
means
of
be:
the
left
recover
this
annulment
for
instance,
the
the
United
or
land
declaration
the
from
lot
States
inherited
Rafael?
and
of
nullity
became
by
Bob
of
their
in
1975
he
knew
of
her
confinement
in
the
hospital.
A
congenital
sexual
pervert
may
be
a)
As
Judge,
I
shall
rule
as
follows:
Jorge's
2.
conformity
No.
Since
Danilo
with
the
has
provisions
already
been
of
adopted
the
Civil
Code
1.
a)
Yes.
The
Family
Code
provides
that
all
a)
P50,000.00
for
the
death
of
the
Hans
Berber,
a
German
national,
and
his
In
(a)
a
class
A
marriage
suit
for
between
damages,
two
plaintiffs
19-year
claimed
olds
solemnize
a
marriage,
it
would
seem
that
the
Mila
adopting
the
regime
of
conjugal
whom
why?
he
had
a
son
Sotero.
Petra
died
on
July
solemnize
the
marriage.
But
if
either
or
both
For
said
Article
to
be
applicable,
the
spouse
child's
welfare
is
the
paramount
consideration
5
or
years
ascendant.
from
the
Her
discovery
valuable
thereof
estate
under
is
Article
being
47(3),
and
interpretation.
This
has
been
said
to
be
which
is
allowed
under
the
Muslim
Code.
In
Jurisprudence
on
the
Civil
Code,
Volume
One,
social
institution.
It
shall
equally
protect
in
their
D-2
custody
rights,
P166,666.66
or
supervision.
+
P250,000.00
adopt
A.
As
Vicky
to
form,
in
the
is
the
year
Marriage
2000,
Settlement
will
your
owned
at
the
time
of
marriage
became
their
marriage
were
similarly
afflicted
with
present
in
the
case
of
spouses
who
were
both
especially
authorized
or
now
ratified
that
the
Facundo
insemination
is
already
in
a
nurse
and
refuses
to
come
home
after
the
Claires
orphanage
in
New
York
City.
They
their
work
or
industry
shall
be
governed
by
the
If
it
was
acquired
before
Mary's
injury
to
her
in
a
manner
that
is
contrary
to
persons
are
binding
upon
citizens
of
legitime.
(Art.
1001,
Civil
Code)
efforts
of
one
of
them
consisted
merely
in
his
requirements,
they
got
married
in
Hongkong
to
and
spouse
2180
by
Civil
a
previous
Code)
and
marriage
shall
cover
or,
in
default
of
facts
clearly
state
that
the
birth
certificate
of
the
marriage
ownership?
aboard
Explain.
his
b)
ship,
Who
the
would
marriage
own
is
the
(c) for
legal
separation
between
the special
that
she own
immediately
leave
the
country
but
shea
law
will
in
no
way
oblige
him
to goand
behind
the
allowed
FC.
by
the
Rules
of
Court
naturalized
is
marriage.
his
Both
as
separate
an
signed
American
the
property,
agreement
citizen.
Maris
hepart
in
having
the
Meanwhile,
Arnell
met
an
accident
which
psychologically
incapacitated
if
his
perversion
opposition
should
be
sustained
in
and
Substitute
Surnames;
b)
such
amount
2)
parental
To
receive
as
would
support
authority
correspond
from
displaces
their
to
lost
earning
b)
Would
it
make
any
difference
if
Tony
could
by
son;
on
Carlos,
he
ceased
to
be
an
illegitimate
property
acquired
during
the
marriage,
Filipino
wife,
Rhoda,
are
permanent
residents
they
without
suffered
parental
injuries
consent,
from
(2%)
torture
during
mayor
did
not
have
the
requisite
authority
to
partnership
of
gains
still
subsists.
It
is
not
SUGGESTED
ANSWER:
1,
SUGGESTED
1996,
while
ANSWER:
Facundo
died
on
January
1,
parties
in
custody
believed
rights.
Obviously,
in
good
Bing's
faith
continued
that
the
who
filed
for
divorce
must
be
a
foreigner
at
FC,
Since
the
drug
addiction
of
Bert
was
discovered
claimed
by
Ana,
the
legitimate
daughter
of
pp.
718-719).
The
general
rule
is
that
a
child
rule
even
though
the
place
where
the
contract
this
case,
there
is
condonation.
b)
Yes.
The
2)
Donations
by
reason
of
marriage
shall
life
of
the
mother
and
the
life
of
the
unborn
answer
valid?
May
be
it
the
be
same?
registered
Explain.
in
the
(2%)
registry
of
community
property
which
shall
be
divided
diseases,
serious
and
Filipino
at
time
of
the
marriage
but
one
deceased?
written
instrument
Explain.
(3%)
executed
and
signed
by
expiration
of
her
three-year
contract
there.
SUGGESTED
ANSWER:
loved
and
treated
her
like
a
legitimate
child
rules
of
coownership.
In
absence
of
proof
morals,
good
customs
and
public
policy
[Art.
death,
the
estate
of
Mary
is
Philippines
wherever
they
may
be.
Thus,
the
3
of
good
moral
character,
or
her
care
and
maintenance
of
the
family
and
avoid
publicity,
it
being
Marvin's
second
specifically
children,
the
the
innocent
following:
spouse;
Joey
did
not
indicate
the
father's
name.
A
birth
valid
coconut
and
land,
shall
and
be
recognized
what
property
in
the
Relations
ANOTHER
ALTERNATIVE
ANSWER:
spouses?
refuses
to
do
so,
claiming
that
she
is
already
a
certificate
to from
determine
the
condition
of
the
laws.
followed
acquired
presence
Pedro
of
the
two
same
to(2)
the
witnesses.
by
United
lucrative
States,
They
title
did
and
(par.
not,
after
2,
disabled
him
reporting
for
work
and
incapacitates
him
from
discharging
his
marital
denied
in
part.
This
is
a
case
of
ineffective
SUGGESTED
ANSWER:
Yes.
The
marriage
will
not
fall
under
Art.
35(4)
B.
A
void
marriage
may
be
questioned
by
any
No,
Gemma's
capacity;
suit
and
will
not
prosper.
Even
if
taken
(b)
A
marriage
between
two
21-year
olds
parental
parents,
their
authority
ascendants,
while
special
parental
not
marry
Susan
because
he
was
previously
child.
An
adopted
child
acquires
all
the
rights
whether
the
acquisition
appears
to
have
been
of
Canada.
They
desire
so
much
to
adopt
martial
law.
The
suit
was
filed
upon
President
solemnize
a
marriage
outside
of
his
territorial
dissolved
by
the
mere
agreement
of
the
b)
2002.
Explain
Before
his
the
demise,
status
Facundo
of
the
had
marriage
married,
by
solemnizing
Baby
in
June
officer
1989,
the
had
action
the
had
legal
already
authority
to
the
time
of
the
marriage.
Since
both
of
them
stay
Disinheritance;
in
her
Ineffective;
adopting
Preterition
parents'
(2000)
house,
where
Jose,
and
Eduardo,
the
legitimate
son
of
As
to
the
second
question,
if
Boni
is
still
a
below
7
years
old
shall
not
be
separated
from
was
made
is
different
from
the
place
where
it
contracting
of
a
subsequent
bigamous
remain
valid
except
that
if
the
donee
(iii)
If
husband
discovers
after
the
(a)
Declaration
of
nullity
of
from
conception.
The
natural
and
primary
property?
If
not,
what
steps
must
be
taken
to
equally
between
them
at
dissolution.
Since
incurable,
and
both
knew
of
their
respective
became
an
alien
subsequently.
Said
injustice
is
both
of
them
before
the
birth
of
the
child
(Art.
for
they
have
none
of
their
very
own.
to
the
contrary,
properties
acquired
while
they
21,
New
Civil
Code].
She
may
also
bring
entitled
to
1/2
of
the
share
of
marriage
of
Sonny
and
Lulu
is
still
valid
and
Same
answer
as
the
first
Alternative
Answer
of
the
household.
marriage.
Is
his
marriage
to
Manel
valid?
certificate
not
signed
by
the
alleged
father
Philippines.
governs
the
ownership?
Explain.
c)
Who
Filipino
Citizen
by
her
marriage
to
a
Filipino
property.
[Director
of
Lands
v.
Abache,
et
al.
73
4
has
not
been
convicted
of
any
crime
a
Art.
however,
serious
148,
acknowledge
quarrel,
Civil
Code).
Marts
it
filed
before
However,
a
suit
a
notary
and
the
house
earning
a
living
to
support
himself.
Will
obligations.
For
instance,
if
his
perversion
is
Yes,
my
answer
will
still
be
the
same.
Under
disinheritance
under
Art,
918
of
the
Civil
the
Family
Code
on
bigamous
marriages,
c)
and
moral
in
proper
damages.
cases,
their
brothers
and
sisters,
as
true,
the
grounds,
singly
or
collectively,
do
not
interested
party
in
any
proceeding
where
the
without
parental
advice.
(2%)
authority
concurs
with
parental
authority.
married
to
Alice
from
whom
he
is
legally
SUGGESTED
ANSWER:
of
a
legitimate
child
under
Art,
189
of
the
FC.
made,
contracted
or
registered
in
name
of
Magno,
an
8-year
old
orphaned
boy
and
aof
EMs
arrival
on
exile
in
HI,
amust
U.S.
state.
The
(2)
jurisdiction.
What
are
Hence,
the
requirements,
the
marriage
if
any,
void,
in
spouses
during
the
marriage.
It
is
clear
from
prescribed
in
June
of
1994.
Although
drug
addiction
is
on
July
1,
2002,
Quercia.
Having
lived
together
between
do
interaction
so,
the
Sonny
marriage
with
and
the
Auring.
is
call
voidable
girls
(2%)
is
because
inevitable,
the
were
Filipinos
at
the
time
of
the
marriage,
the
B.
Are
the
stipulations
Maria.
Is
either,
both,
or
neither
of
In
his
last
will
and
testament,
Lamberto
1)
Filipino,
Anne
can
file
an
action
for
1)
The
drug
addiction
amount
to
his
mother
due
to
his
basic
need
for
her
loving
is
to
be
performed,
and
particularly
so,
if
marriage
whether
in
the
Philippines
or
abroad
contracted
the
marriage
in
bad
faith,
such
right
marriage
and
duty
that
of
his
parents
wife
has
in
been
rearing
athe
prostitute
the
marriage:
make
itown
registerable?
Kevin
owned
50
Million
and
Karla.
2them
Million,
infirmities,
can
Bethel
or
James
sue
for
the
anomaly
of
Eva
remaining
married
to
her
164,
Family
Code).
However,
BM,
Jr.,
died
inown
an
accident
atis
sea,
lived
together
shall
be
presumed
to
have
been
criminal
actions
for
seduction,
falsification,
James.
subsisting.
except
as
to
distribution.
Justice
Jurado
solved
Explain.
(5%)
cannot
be
taken
as
a
record
of
birth
to
prove
would
the
mango
orchard,
and
what
citizen.
Can
the
BID
still
order
the
deportation
Phil.
606).
involving
No
strong
moral
considerations
turpitude;
of
public
obtained
constructed
public.
anature
divorce
from
decree
his
issued
savings
by
the
in
court
1981
Gemma's
suit
prosper?
Explain.
(5%)
of
such
aobtained
as
to
preclude
any
normal
Sec.
7(b),
Art.
III
of
the
New
Domestic
Adoption
SUGGESTED
ANSWER:
SUGGESTED
ANSWER:
Code,
because
the
omission
of
the
compulsory
provided
that
Shelley
obtained
an
absolute
conformity
with
the
provisions
of
the
Family
Code
constitute
"psychological
incapacity."
In
Santos
v.
(c)
A
marriage
between
two
Filipino
first
Yes,
the
BID
can
order
the
deportation
of
Miss
in
resolution
of
the
issue
is
material.
Being
a
ANOTHER
SUGGESTED
ANSWER:
ANSWER:
separated?
(2%)
one
or
both
spouses,
is
presumed
to
be
baptismal
godson
of
Rhoda.
Since
the
court
in
HI
awarded
plaintiffs
the
equivalent
unless
it
was
contracted
with
either
or
both
a
Article
ground
134
for
legal
of
separation
the
Family
under
Code
Art.
55(5)
that
and
in
Art.
the
order
C.
for
If
the
Ed
Marriage
to
establish
Settlement
his
paternity
is
valid
as
over
as
husband
and
wife
since
July
1,
1990,
marriage
between
the
parties,
both
below
21
divorce
by
Flor
did
not
capacitate
would
be
detrimental
to
her
moral
and
valid?
(iv)
If
the
husband
has
a
serious
affair
entitled
to
inherit?
Explain.
disinherits
his
daughter
Wilma
because
"she
is
declaration
of
nullity
of
her
marriage
to
him.
psychological
incapacity
to
comply
with
care
(Espiritu
v.
C.A.,
G.R.
No.
115640,
March
place
of
the
making
and
the
place
of
is
a
ground
for
legal
separation
under
Article
donations
made
to
said
donee
are
revoked
by
before
they
got
married.
youth
for
civic
efficiency
and
the
development
at
the time
of
the
marriage,
52
Million
annulment
of
their
marriage?
husband
who
isand
nobigamy
longer
married
to Lulu
her. (2)
followed
to
the
grave
adifference.
year
later
by
his
sick
obtained
by
their
Joint
efforts,
worker
Industry,
illegal
marriage
against
Ric.
this
problem
differently.
In
his
opinion,
the
recognition
of
the
child,
nor
can
said
birth
property
Relations
governs
the
ownership?
of
Miss
Universe?
Explain.
5%
policy
have
been
presented
which
would
lead
and
If
it
was
acquired
after
Mary's
in
ALTERNATIVE
during
the
state
the
ANSWER:
of
subsistence
Maryland.
of
Maris
his
then
marriage
returned
with
5
who
is(1999)
emotionally
and
psychologically
sexual
activity
with
his
spouse.
3.
Since
No,
the
he
decree
cannot.
of
Danilo
divorce
cannot
obtained
represent
by
Yes,
itSofia,
would
make
aMaria
Under
Article
Neither
Ana
nor
Eduardo
is
entitled
to
inherit
Give
at
least
3
examples
of
"compelling
Act,
SUGGESTED
an
ANSWER:
alien
who
possesses
all
the
Family
Paternity
Code;
&
Filiation
Retroactive
Application;
Vested
Rights
(2000)
heir
Jorge
by
was
intentional.
Support;
and
A.
1.
(a)
The
Rico
marriage
being
Cora
can
her
are
be
deceased
the
annulled,
co-owners
son's
because
of
legal
the
heir
CA,
G.R.
No.
112019,
January
4,
1995
,
the
divorce,
capacitating
her
to
remarry
under
her
Section
I,
Article
XV,
further
provides
that:
The
on
cousins
in
Spain
where
such
marriage
is
valid.
Universe.
The
marriage
of
an
alien
woman
to
a
compulsory
heir,
Soterro
has
the
personality
to
absolute
community
property
unless
the
3)
The
spouse
who
contracted
accidental
death
of
Magno's
parents
in
2004,
of
P100
billion
under
the
U.S.
law
on
alien
tort
57
of
the
FC
requires
that
the
action
must
be
brought
parties
believing
in
good
faith
that
the
mayor
absence
of
an
express
declaration
in
the
Alvin.
Marriage;
to
form
(2.5%)
Psychological
and
the
above
Incapacity
stipulations
(1996)
are
Facundo
and
Quercia
did
not
secure
a
years
spiritual
of
development.
age,
was
solemnized
This
could
without
be
the
the
Virgilio
to
remarry.
The
fact
that
Flor
was
with
his
secretary
and
refuses
to
stop
disrespectful
towards
me
and
raises
her
voice
15,1995).
the
essential
obligations
of
marriage;
(4)
performance
If
you
were
are
the
the
counsel
same
(United
for
Gigi,
Airline
what
v.
55(7)
of
the
Family
Code.
Whether
the
second
operation
of
law;
of
moral
character
shall
receive
the
support
of
constituted
their
community
property.
Upon
Hence,
said
Opinion
makes
Article
26
father,
BM,
Sr.
Each
left
a when
sizable
estate
and
shall
be
owned
by
them
in
equal
shares.
A
legitime
ofANSWER:
the
heir
who
was
disinherited
is
certificate
be
taken
as
arequirements
recognition
in
a to
public
Marriage;
Requisites
(1995)
SUGGESTED
ANSWER:
Explain.
the
Court
to
reverse
the
established
and
sound
The
marriage
isand
valid.
Under
the
Local
death,
there
will
be
no
share
at
all
capable
of
caring
for
children,
to
Issa
the
is
Philippines
conjugal
property
in
aof
civil
and
ceremony
not
exclusive
The
following
are
for
Ed
to
Carlos
and
Sony
as
in
the
Canada
latter's
is
not
adopted
recognized
child
here
in
the
in
148
of
the
Family
Code,
the
parties
to
of
ab
intestato
from
Cristina.
Both
are
reasons"
which
justify
the
taking
away
SUGGESTED
qualifications
of
athe
Filipino
national
who
b)
Yes.
The
shares
are
presumed
be
3)
To
be
entitled
to
the
legitime
and
other
Supreme
On
(a)
(d)
April
Two
A
15,
Court
marriage
(2)
1980,
months
clearly
between
Rene
explained
after
and
two
the
Angelina
that
Filipinos
death
were
of
in
her
Consequently,
the
institution
of
Miguela
as
good
concurring
riceland.
faith
The
is
with
not
Relations
a
his
defense
surviving
isan
that
when
of
the
co-ownership
spouse
ground
(Arts.
is
national
law.
Consequently,
the
marriage
State
recognizes
the
Filipino
family
as
the
(2%)
Filipino
does
not
automatically
make
her
ais
question
the
validity
the
marriage
of
Marriage;
Void
Marriages
(2006)
contrary
is
proved.
subsequent
marriage
in
bad
faith
shall
be
he
has
been
staying
with
his
aunt
who,
within
5who
years
from
the
occurrence
of
the
cause.
claims.
2)
On
It
must
appeal,
be
antecedent
EMs
Estate
(existing
raised
at
the
had
the
legal
authority
to
solemnize
this
marriage
settlement,
the
separation
of
likewise
valid,
does
it
now
follow
that
said
license
but
executed
the
requisite
consent
of
the
parents.
(Art.
35,
par.
(2)
and
already
On
April
an
15,
alien
1983,
at
Jose,
the
time
engineer,
she
obtained
and
the
reason
for
Bing's
expressed
desire
to
return
to
notwithstanding
advice
from
relatives
and
talking
to
me",
2)
omits
entirely
his
spouse
CA,
G.R.
No.
124110,
April
20,
2001).
marriage
is
valid
or
not,
Ariel
having
action/s
will
you
take
to
enforce
and
the
Government.
the
death
of
Kevin,
the
community
was
applicable
to
her
case
and
the
divorce
consisting
of
bank
deposits,
lands
and
party
did
not
participate
in
the
acquisition
B.
FORUM
NON
CONVENIENS
means
that
distributed
among
the
other
compulsory
heirs
instrument.
(Reyes
v.
Court
of
Appeals,
G.R.
No.
Isidro
and
Irma,
Filipinos,
both
18
years
of
Government
Code,
the
authority
of
a
mayor
to
doctrine
that
the
buyer
in
good
faith
of
a
for
the
estate
of
Mary.
celebrated
property
in
in
accordance
Cebu
City
according
with
the
to
principle
the
of
2)
No.
Under
Article
57
of
the
Family
Code,
establish
his
paternity
over
Alvin:
inheritance
the
Philippines,
of
Abraham
the
marriage
because
between
adoption
Sonny
did
the
ALTERNATIVE
cohabitation
ANSWERS:
could
not
marry
each
other
The
requirement
of
a
16-year
difference
legitimate
relatives
of
Cristina's
illegitimate
6
at
least
sixteen
(16)
years
older
than
the
from
the
mother's
custody
of
her
child
qualified
to
adopt
may
already
adopt
provided
2)
Either
or
both
of
the
parties
cannot
contract
"psychological
incapacity
must
be
characterized
successional
rights
granted
to
them
by
the
absolute
community
property
having
been
married
husband
Hongkong
to
who
before
each
was
other
a
shot
notary
without
by
public.
unknown
a
marriage
(2%)
criminal
heir
is
void
only
insofar
as
the
legitime
of
Jorge
based
985,
(Art.
147,
986
upon
and
Family
997,
Code,
Civil
first
Code),
paragraph).
may
disease
rightfully
on
SUGGESTED
ANSWER:
between
Marvin
and
Manel
may
be
valid
as
foundation
of
the
nation.
Accordingly,
it
shall
Filipino
Citizen.
She
must
first
prove
in
an
Facundo
and
Quercia.
Otherwise,
Gigi
and
Catholics,
got
married
when
they
(v)
If
the
husband
beats
up
his
wife
every
Since
Bert
had
been
alegacy
addict
from
the
time
of
the
disqualified
to
from
the
innocent
however,
could
hardly
afford
to
feed
her
own
issue
ofhas
prescription.
ItCode)
argued
that
since
said
the
time
of
marriage),
grave
and
incurable:
particular
marriage
(Art
35,
par
2child,
Family
property
between
the
spouses
during
the
Marriage
Settlement
is
valid
and
enforceable?
affidavit
for
the
purpose.
To
ensure
that
his
Marina,
aRic,
nurse,
were
married
to
each
other
in
Art.
her
45
natural
par.
(1),
mother.
Family
It
should
be
noted,
b)
divorce
Are
the
does
defenses
not
give
set
Virgilio
up
by
the
Tintin
capacity
to his
friends.
Elvira,
3)
leaves
ainherit
of
P100,000.00
to
his
converted
into
Islam,
is
immaterial.
protect
her
interests?
Explain.
(2.5%)
dissolved
and
half
ofdrug
the
52
Million
or
26
obtained
abroad
by
her
former
Filipino
buildings
in
Manila.
May
the
adopted
by
the
other
party
any
property
shall
be
court
discretionary
authority
to
decline
in
proportion
to
their
respective
legitimes,
SUGGESTED
ANSWER:
39537,
March
19,
1985)
Consequently,
the
age,
were
passengers
of
Flight
No.
317
of
registered
parcel
of
land
does
not
have
to
look
solemnize
marriages
is
not
restricted
within
his
a)
Yes,
Virgilio
can
validly
remarry.
Art.
26
of
formalities
"reverse
accession"
of
Philippine
provided
law,
she
for
married
in
Art.
her
158,
the
aggrieved
spouse
must
file
the
action
adoptee,
SUGGESTED
ANSWER:
between
the
age
of
the
adopter
adoptee
not
and
Auring
make
Danilo
is
void.
a
(Art.
legitimate
35,
Family
grandchild
Code)
Any
of under
because
(Optional
of
an
Addendum:
impediment,
However,
only
after
Rico's
those
parents
and
therefore
they
fall
under
the
7
years
of
age.
(2.5%)
1
The
artificial
insemination
has
that
A.
Yes,
his
itof
country
is
valid
as
has
to
diplomatic
form
because
relations
itbeen
is
in
with
(e)
A
marriage
solemnized
by
a
town
by
(a)
gravity,
(b)
juridical
antecedence,
and
(c)
marriage
in
the
Philippines
with
another
acquired
during
the
marriage
despite
the
fact
Civil
Code.
(Article
174,
Family
Code).
settlement.
elements
on
In
his
1985,
way
they
home
acquired
from
office,
aand
parcel
Rose
of
SUGGESTED
ANSWER:
is
prejudiced.
Accordingly,
Jorge
is
entitled
to
the
claim
part
that
either
the
house
party.
and
lot
are
not
conjugal
b)
long
Discuss
as
it
was
solemnized
the
effects
and
valid
of
in
the
said
strengthen
its
solidarity
and
actively
promote
(Ferraris
v.
Ferraris,
G.R.
No.
162368,
July
17,
appropriate
proceeding
that
she
does
not
have
4)
3.
SUGGESTED
Karla
If
and
both
ANSWER:
Luis
spouses
are
I
the
would
Intestate
of
file
the
an
subsequent
action
to
participation
in
the
estate
on
Facundo
would
be
3)
The
case
must
be
filed
before
were
18
years
old.
Their
marriage
was
time
he
comes
home
drunk.
5%
celebration
of
the
marriage,
the
action
for
legal
spouse
by
testate
and
intestate
succession;
family.
Unfortunately,
Hans
and
Rhoda
cannot
U.S.
law
is
silent
on
the
matter,
the
court
Code).
marriage
shall
not
take
place
except
by
inheritance
rights
are
not
adversely
affected
remarry
a
civil
ceremony
under
Philippine
in
Boac.
Marinduque.
Law.
Six
however,
that
Bing
is
no
longer
a
minor,
being
tenable?
Explain.
(2%)
mistress
Rosa
and
P50,000.00
to
his
driver
Million
is
his
share
in
the
community.
This
26
a.
The
mother
is
insane
(Sempio-Diy,
husband
would
capacitate
her
to
remarry.
To
YV,
inherit
from
BM,
Jr.?
May
she
also
inherit
deemed
to
have
contributed
jointly
in
the
jurisdiction
over
a cause
of
action
when
it
is
of
while
his
share
in
the
intestate
portion.
If
any,
action
filed
by
Joey's
mother
has
already
Oriental
Airlines.
The
plane
they
boarded
was
municipality
implying
that
he
has
the
authority
beyond
the
Torrens
Title
and
search
for
any
B.
b)
Yes,
As
Judge,
the
marriage
Icannot
shall
can
rule
still
as
be
follows:
annulled
Jorge's
the
FC,
merely
States
the
alien
spouse
without
former
Civil
Code.
marriage
classmate
to
Vincent
Letty,
the
likewise
half
interest
aestate,
Filipino
of
Rico
within
five
(5)
years
from
the
occurrence
of
the
may
be
waived
when
the
adopter
is
the
(Note:
The
Committee
recommends
that
a
Abraham.
marriage
subsequently
Adoption
is
personal
contracted
between
during
Carlos
the
properties
acquired
by
both
of
them
through
prohibition
prescribed
by
Art.
992,
NCC
YV
can
inherit
from
BM,
Jr.
The
succession
to
incurability"
the
writing.
Philippines,
No,
it
that
he
be
registered
has
been
living
in
the
in
the
authorized
or
ratified
by
the
spouses
in
mayor
three
towns
away
from
his
jurisdiction,
person
without
committing
bigamy,
unless
d)
The
7
parcel
and
who
of
land
is
in
a
is
position
absolute
to
support
community
and
care
SUGGESTED
ANSWER:
that
those
shares
were
registered
only
in
her
land
married
in
Quezon
her
childhood
City.
On
June
boyfriend,
1,
1990,
and
when
seven
Is
his
there
legitime
a
possibility
of
one-half
for
them
of
the
to
adopt
and
but
belong
to
the
hereditary
estate
of
Bob.
The
2006;
Choa
v.
Choa,
G.R.
No.
143376,
November
accordance
with
the
laws
of
Hongkong
[Art.
its
total
development.
settlements
on
the
properties
acquired
by
any
disqualification
for
Philippine
citizenship.
declare
the
marriage
between
Juliet
and
Ric
marriage
heirs
of
Kevin.
acted
in
bad
faith
all
donations
affected.
(Ninl
V.
Bayadog,
328
SCRA
122
August
1,
1998.
Because
if
they
got
solemnized
on
August
2,
1989
by
Ric's
uncle,
a
separation
must
have
been
brought
not
later
than
23
come
to after
the
Philippines
to
adopt
Magno
should
apply:
(1)
HIs
law
setting
ajustly
two-year
judicial
order.
by
father
second
marriage,
Sotero
now
months
their
marriage,
Jose
was
19 his
years
ofthat
age
now.
It
is
doubtfu1
that
aas
court
Ernie
and
4)
institutes
his
son
Baldo
his
Handbook
on
the
Family
Code
of
the
Million
therefore
is
estate.
contract
a
subsequent
marriage,
all
she
needs
from
BM,
Sr.?
Is
there
a
difference?
Why?
acquisition
thereof
ifhis
the
former's
efforts
the
view
the
action
may
be
and
is
distributed
among
the
other
legal
heirs
by
prescribed.
of
Philippine
registry.
While
en
route
from
hidden
defect
or
inchoate
right
which
may
even
outside
the
territory
thereof.
Hence,
the
427).
in
the
riceland
will
then
become
absolute
because
opposition
the
should
fact
that
be
both
sustained.
of
them
This
are
is
acould
case
Marriage;
Requisites;
Solemnizing
Officers
(1994)
Marriage;
Property
Relations;
Void
Marriages
(1991)
taking
into
citation
consideration
of
either
one
his
of
or
the
her
provisions
nationality
be
SUGGESTED
ANSWER:
citizen.
b)
Was
the
marriage
of
Maris
and
biological
parent
of
the
adoptee
or
is
the
cause.
The
subsequent
marriage
of
Ariel
Donations
by
Reason
of
Marriage;
Effect
of
and
lifetime
Danilo.
of
the
He
first
cannot
spouse
also
represent
shall
be
illegal
Carlos
and
as
Yes,
their
the
actual
defenses
joint
of
Tintin
contribution
are
tenable.
of
In
money,
(Manuel
E
is
the
v.
legitimated
Ferrer,
242
child
SCRA
of
477;
B
and
Diaz
G.
v.
Court
Under
(i)
Since
AIDS
is
a
serious
and
incurable
for
his
children
in
keeping
with
the
means
of
the
estate
of
BM,
Jr.
is
governed
by
Philippine
Philippines
registry
of
property
for
at
least
because
three
it
is
(3)
not
continuous
a
public
a
written
instrument
executed
and
(2%)
SUGGESTED
ANSWER:
there
is
compliance
with
the
requirements
of
property
having
been
acquired
during
the
26,
2002)
.
The
illness
must
be
shown
as
name.
Alberto's
right
to
claim
his
share
will
Angelina
(7)
months
was
after
away
said
in
Baguio,
marriage,
Rene
she
sold
delivered
the
Miguela
gets
the
other
half.
4.
They
are
entitled
to
share
the
estate
equally
Magno?
value
of
the
How
land
should
being
they
more
go
than
about
the
it?
cost
(5%)
of
26,
paragraphs
1
and
2,
Family
Code].
the
spouses.
(2%)
(Yung
Uan
Chu
v.
Republic
of
the
Philippines,
reason
null
and
void
of
ab
marriage
initio
and
and
for
Ric's
testamentary
share
in
[2000]
).
married
before
August
3,
1998,
it
must
be
December
1993.
Hence,
Baby
cannot,
now,
bring
the
Baptist
Minister,
in
Calamba,
Laguna.
He
although
they
possess
all
the
qualifications
as
limitation
on
tort
claims;
or
(2)
the
Philippine
brings
aismarriage
suit
to
seek
avoidable.
declaration
of
the
nullity
employed
in
anas
oil
refinery
in
Saudi
Arabia
for
can
still
resolve
the
question
ofBing
custody
over
sole
heir.
How
will
you
distribute
his
estate
of
Philippines,
pp.
296-297)
;of
to
do
present
to
the
civil
registrar
the
Explain.
(5%)
consisted
the
care
and
maintenance
of
the
effectively
adjudicated
elsewhere.
accretion
under
Article
1018
of
the
NCC
in
1
The
mother
is
sick
with
a
disease
SUGGESTED
ANSWER:
community
property
of
Rico
and
Letty.)
Manila
to
Greece
some
passengers
hijacked
marriage
he
solemnized
outside
his
later
2)
The
a)
regime
invalidate
On
the
of
assumption
conjugal
or
diminish
partnership
that
his
right
is
of
to
still
gains
what
a
credited
a
complete
answer).
(a)
The
isof
The
consent
of
afflicted
of
SUGGESTED
preterition
with
ANSWER:
under
Article
854
Civil
diseases
Code,
SUGGESTED
spouse
ANSWER:
the
adoptees
parent;
at
1}
the
The
time
complete
of
the
publication
marriage.
While
the
his
Family
case
isthe
Pedro
valid
when
celebrated?
Is
their
marriage
In
June
1985,
James
married
Mary.
In
not
have
occurred
earlier
than
1990,
the
time
the
family.
Declaration
ofin
Nullity
(1996)
of
Appeals,
182
SCRA
Tayag
v.
Court
of
Appeals
(G.R.
No.
95229,
June
The
disinheritance
of
Wilma
was
ineffective
the
void,
Art.
latter's
177
subject
of
illegitimate
only
the
Family
to
the
child
exception
Code,
because
only
in
the
children
into
cases
such
property,
or
Industry
shall
be
owned
by
them
the
wife
may
law
because
he
was
a
Filipino
when
he
died
years
document.
prior
To
to
make
the
filing
it
registerable,
of
the
application
it
must
be
for
signed
by
them
before
the
birth
of
the
downright
Article
52
incapacity
Family
Code,
or
inability
namely:
to
there
perform
must
one's
be
marriage
and
through
Paulita's
industry
only
arise,
however,
at
dissolution.
said
a
baby.
lot
to
In
Marcelo.
the
absence
Is
the
of
sale
any
void
evidence
or
from
the
improvement
(Art.
120,
Family
Code).
under
Article
1001
the
NCC.
Therefore.
158
SCRA
593
[1988])
.disease,
Since
Miss
Universe
is
the
co-ownership
of
that
marriage
dispositions
made
by
one
in
favor
of
the
other
action
for
legal
separation.
filed
before
August
1,
1998.
overlooked
the
fact
that
his
license
to
adoptive
parents.
law
Any
which
Alien
appears
possessing
to
require
the
same
that
qualifications
claims
for
as
SUGGESTED
ANSWER:
of
the
marriage
of
Facundo
and
Quercia,
a
period
of
three
years.
When
he
returned
to
one
who
is
sui
juris
and
not
otherwise
P1,000,000.00?
(5%)
Collation
(1993)
decree
of
divorce
when
she
applies
for
a
B,
No,
the
Constitutional
policy,
as
well
as
the
family
and
of
the
household.
Thus:
1)
the
(b)
Rico
is
the
exclusive
owner
of
the
coconut
Alternative
Answer:
proportion
to
their
respective
intestate
shares.
that
is
communicable
and
might
v.
Bayadog,
G.R.
No.
133778,
March
14,
2000)
the
plane,
held
chief
pilot
hostage
at
the
Yes,
it
is
possible
for
Hans
and
Rhoda
to
adopt
The
sale
is
void.
Since
the
sale
was
executed
he
minor
governs
purchased.
or
otherwise
the
(Lopez
properties
incapacitated,
v.
Court
acquired
of
Appeals.
Carol
by
may
189
the
municipality
is
valid.
And
even
assuming
that
the
parties
to
the
marriage
was
defective.
SUGGESTED
ANSWER:
does
result
not
of
efface
the
omission
or
nullity
of
the
Jorge
ground.
as
compulsory
not
Code
covered
was
made
by
the
on
letter
August
of
4,
Article
1987.
26
On
FC,
it
is,
Marriage;
Annulment;
Proper
Party
(1990)
still
valid
existing
now?
Reasons.
c)
Was
the
September
1988,
he
also
married
Ophelia
he
went
to
Saudi
Arabia.
Hence,
Rosa
has
until
c)
The
presumption
is
still
that
the
shares
of
Plaintiffs
countered
that
provisions
of
the
most
9,1992)
,
a
complaint
to
compel
recognition
of
1)
On
the
occasion
of
Digna's
marriage
to
because
the
ground
relied
upon
by
the
testator
case
of
absence
he
is
barred
or
where
by
Art.
the
992
prior
of
the
marriage
NCC
from
was
in
common
in
proportion
to
their
respective
conceived
and
born
outside
of
wedlock
of
file
an
action
for
annulment
of
the
marriage
on
this
(Article
16,
Civil
Code).
Under
Article
1039
of
adoption
reformed
and
and
has
maintains
to
be
notarized.
such
residence
until
marital
obligations,
not
a
mere
refusal,
neglect,
child;
and
a
5)
judgment
The
of
judgment
annulment
of
or
annulment
absolute
nullity
of
despite
registration
only
in
the
name
voidable?
Rose
as
to
(2%)
who
is
her
child's
father,
what
(b)
Annulment
of
the
Marriage
Contract:
1)
Karla
gets
13
Million
and
Luis
gets
13
Million.
still
a
foreigner,
despite
her
marriage
to
a
are
forfeited
revoked
in
by
favor
operation
and
considered
of
law.
part
of
the
C.
No,
the
Philippine
courts
cannot
acquire
solemnize
marriage
expired
the
month
before
above-stated
for
Filipino
nationals:
Provided,
personal
injury
arising
from
martial
law
be
grounded
on
the
absence
a
valid
marriage
the
Philippines,
Marina
was
no
longer
living
in
incapacitated.
B.
No,
the
marriage
can
no
longer
be
Joaquin
Reyes
bought
from
Julio
Cruz
a propter
supporting
provision,
does
not
amount
to
marriage
license
under
Article
13
ofgrandfather
the
Family
wages
and
salaries
of
Luis
in
the
amount
of
ALTERNATIVE
ANSWER:
SUGGESTED
ANSWER:
land.
The
Relations
is
ais
sole/single
In
sum
the
distribution
shall
be
as
follows:
endanger
the
health
and
life
of
the
2.
Yes,
the
answer
would
still
be
the
same.
The
marriage
oflaw
Sonny
and
Auring
does
not
cockpit
and
ordered
him
to
fly
instead
to
Libya.
Magno.
Republic
Act
No.
8043
or
the
Interin
1990,
the
Family
Code
is
the
law
applicable.
SCRA
271)
his
authority
is
restricted
within
his
petition
spouses.
the
All
the
proper
properties
court
for
acquired
resolution
by
the
or
Being
below
21
years
old,
consent
of
the
SUGGESTED
ANSWER:
ANOTHER
SUGGESTED
ANSWER:
Hei
Legiti
Distribution
heir
having
the
same
right
equivalent
to
aa
however,
September
covered
4,
1987,
by
Junior
the
spirit
Cruz
of
and
said
Gemma
Article,
marriage
of
Marts
and
Vincent
valid
when
with
whom
he
begot
two
(2)
children,
A
and
B.
D
and
G,
age
20
and
19,
respectively,
and
both
1995
stock
to
are
bring
owned
the
in
action
common.
under
Hence,
the
Family
they
will
analogous
federal
statute,
the
Torture
Victims
an
illegitimate
child
was
brought
before
George,
her
father
gave
her
a
donation
does
not
constitute
maltreatment
under
Article
inheriting
dissolved
parents
who,
or
from
annulled.
at
the
his
time
illegitimate
(Ninal
of
the
conception
of
contributions.
The
efforts
of
one
of
the
parties
difficulty
or
much
less,
ill
will.
Moreover,
as
ruled
ground
whether
such
fact
was
concealed
or
the
Civil
Code,
the
capacity
of
the
heir
to
adoption
decree
entered,
that
he
has
the
marriage,
partition
and
distribution
of
the
marriage,
Paulita.
The
the
land
being
community
property,
of
the
status
The
drug
does
addiction
the
must
give
to
be
said
concealed;
child?
Explain.
2)
It
Filipino
doctor,
she
can
be
deported
upon
absolute
community
in
the
marriage
between
2
The
written
instrument
is
recorded
in
jurisdiction
a)
That
his
over
country
the
has
case
diplomatic
of
Felipe.
relations
Firstly,
and
that
the
parties
do
not
belong
to
his
brought
within
one
year.
license.
Quercia
contends
that
there
was
no
their
house,
but
in
Zamboanga
City,
working
in
An
adopted
child's
successional
rights
do
not No,
B.
(1)
and
(3)
are
valid
because
annulled,
because
the
fact
that
both
were
residential
lot
ofof
300
square
meters
in
Quezon
Code.
prohibition
to
Congress
to
enact
athat
law
on
P200,000.00
shall
be
divided
equally
r Stipulations
me
proprietorship
(Art.
148.
Family
Code,
first
Marriage;
Legal
Separation;
Mutual
guilt
(2006)
child;
(a)
The
child
is
legitimate
of
the
second
the
Bureau
of
Immigration
cannot
order
Since
Bob
and
Issa
contracted
their
marriage
fall
within
the
exception.
During
the
hijacking
Isidro
suffered
a
heart
Country
Adoption
Act,
allows
aliens
or
Under
Article
124
of
the
FC,
the
sale
of
a
rescission
spouses
after
of
the
the
decree
marriage
of
adoption
belong
on
to
the
the
municipality,
such
marriage
will
nevertheless,
parties
is
not
full
without
the
consent
of
their
legitimate
child
"in
the
direct
line"
is
total
the
Reyes
injustice
were
married
to
the
Filipino
before
spouse
a
municipal
sought
mayor.
to
be
celebrated?
Is
their
marriage
still
validly
In
July
1989,
Mary
died.
In
July
1990,
he
Republic
the
Philippines,
single,
eloped
and
got
married
to
each
other
Code.
form
part
of
the
absolute
community
or
the
Protection
Act,
should
be
applied.
Itbetween
sets
ten
effectivity
of
the
Family
Code
by
mother
of
nuptias
of
amarriage
car.
Subsequently,
the
marriage
919(6)
the
New
Civil
Code.
Hence,
the
Abraham.
in
maintaining
the
family
and
household
are
the
Property
former,
Relations;
were
Obligations;
not
Benefit
disqualified
of
the
Family
by
(2000)
any
in
Republic
v.
Molina,
GR
No.
108763,
February
not
from
the
wife,
provided
that
the
disease
succeed
is
governed
by
the
national
law
ofbirth
the
been
certified
by
his
diplomatic
or
consular
properties
of
the
spouses,
spouses
and
and
the
the
delivery
delivery
of
ofI
its
sale
to
Rafael
without
the
consent
(2%)
must
exist
at
the
time
of
marriage;
3)
There
expiry
of
her
allowable
stay
in
the
Philippines.
with
the
Gigi
and
Ric
[Arts.
148
&
147,
Family
Code].
the
civil
registry
together
with
the
under
the
rule
of
forum
non
conveniens,
the
congregation.
After
5
years
of
married
life
and
need
for
a
license
in
view
for
her
a
hospital.
He
asked
her
to
come
home,
but
of
Legacy
TOTAL
include
the
right
to
represent
his
deceased
they
are
not
contrary
to
law.
Stipulation
(4)
isa
afflicted
and
that
both
knew
of
their
City
for
which
Joaquin
paid
Julio
the
amount
of
divorce.
The
Constitution
only
meant
to
help
Luis
and
Rizza.
2)
the
house
and
lot
valued
at
paragraph
is
applicable,
and
not
Art.
147
Since
Susan
did
not
contribute
to
the
Saul,
a
married
man,
had
an
adulterous
marriage
under
Article
168(2)
of
the
Family
her
deportation.
An
alien
woman
marrying
way
back
in
1970,
then
the
property
relations
attack
and
was
on
the
verge
of
death.
Since
Filipinos
permanently
residing
abroad
to
apply
property
by
a
spouse
without
the
c)
Explain
the
status
of
the
marriage
be
valid
because
solemnizing
the
marriage
ground
conjugal
partnership.
that
the
adopting
Under
Article
parents
116
of
have
the
parents.
The
consent
of
the
parents
of
the
b)
that
he
has
been
living
in
the
2
The
mother
has
been
maltreating
intestacy
will
arise,
and
Jorge
will
inherit
the
Property
Relations;
Ante
Nuptial
Agreement
(1995)
cured
Was
the
by
marriage
said
Article
valid?
is
present
2)
Suppose
in
this
the
case.
couple
existing
now?
Reasons.
d)
At
this
point
in
time,
SUGGESTED
ANSWER:
married
Shirley
and
abandoned
Ophelia,
without
parental
consent
in
the
case
of
G,
a
conjugal
partnership
depending
on
what
the
years
as
the
period
for
prescription.
Moreover,
a
minor
child
based
on
"open
and
continuous
was
annulled
because
of
the
psychological
13,
1997
,
it
is
essential
that
the
husband
is
testamentary
provisions
in
the
will
shall
impediment
to
marry
each
other
may
be
not
considered
adequate
contribution
in
the
was
present
at
the
time
of
the
marriage.
The
decedent
and
not
by
the
national
law
of
the
office
or
any
appropriate
government
agency
their
children's
presumptive
legitimes,
which
the
Alberto
children's
is
void.
presumptive
legitimes
shall
be
should
be
no
cohabitation
with
full
would
also
file
an
action
for
damages
against
Wilmas
Institution
certificate
of
the
child
(Art.
164,
2nd
Philippine
court
isinheritance
not
a acquired
convenient
forum
as Filipino,
blessed
with
2Tessie.
children,
the
spouses
developed
having
lived
continuously
with
Facundo
for
five
she
refused
to
do
so,
unless
he
agreed
not
to
(Optional
Addendum:
However,
after
Rico's
adopter
in
the
of
the
latter's
void
because
it
is
contrary
to
law.
Stipulation
ALTERNATIVE
ANSWER:
respective
infirmities
constitutes
a
waiver
of
P300,000.00,
When
the
deed
was
about
to
be
the
Paternity
marriage
&
Filiation;
Common-Law
endure,
to
Union
"strengthen
(2004)
its
P500.000.00
having
been
by
both
of
c)
As
Judge,
I
shall
rule
as
follows:
the
Family
Code).
acquisition
of
the
house
and
lot,
she
has
no
relation
with
In
one
of
the
trysts,
Saul's
Code
which
provides
that
a
"child
born
after
native-born
or
naturalized,
becomes
that
will
govern
is
still
the
relative
community
Philippines
for
at
least
three
(3)
continuous
Irma
was
already
eight
months
pregnant
by
(Antonio
v.
Reyes,
G.R.
No.
155800,
March
10,
2006;
for
inter-country
adoption
of
a
Filipino
child.
consent
of
the
other
is
void.
between
exposed,
Family
Code,
or
Lulu
are
and
even
exposing,
Tirso.
if
Gabby
the
(2%)
child
registered
to
corrupt
the
outside
(b)
The
marriage
said
municipality
of
Maris
is
a
mere
Pedro
irregularity
was
valid
parties
to
the
marriage
is
indispensable
for
its
A.
Is
the
marriage
of
Facundo
and
Quercia
entire
estate.
the
child;
Suppose
and
Tessie
were
married
on
2
(Department
got
married
on
of
September
Justice
Opinion
1,YV
1994
No.
at
134
the
Series
who
is
the
husband
Marts?
Reasons.
During
their
union.
James
and
Ophelia
teenaged
student
of
an
exclusive
college
for
property
Relations
is.even
capable
they
argued
ofTirso
meeting
equity
his
marital
could
responsibilities
toll
the
statute
of
possession
of
the
status
of
an
illegitimate
immaturity
ofthat
May
Digna's
father
annulled
but
only
to
the
extent
that
her
acquisition
of
the
properties.
legitimated.
EGeorge.
will
have
the
same
rights
as
X
As
finance
officer
of
K
and
Co.,
Victorino
knowledge
of
the
drug
addiction;
4)
The
Legitim
marriage
islawful
voidable
though
the
husband
heir.
Hence,
whether
orcapacity
not
can
inherit
that
he
has
the
legal
to
adopt
in his
shall
recorded
be
in
recorded
the
appropriate
in
the
appropriate
civil
registry
Civil
and
Ric
on
the
grounds
that
his
acts
constitute
an
paragraph,
Family
Code).
all
the
incidents
of
the
case
occurred
outside
irreconcilable
differences,
so
they
parted
ways.
ALTERNATIVE
ANSWER:
SUGGESTED
ANSWER:
marriage
to
Letty,
the
coconut
land
of
Rico
Marriage;
Annulment;
Judicial
Declaration
(1993)
years
before
their
marriage
and
that
has
work
overseas
anymore
because
she
cannot
The
sale
isprior
voidable.
The
provisions
of
the
SUGGESTED
ANSWER:
legitimate
parent,
in
view
of
Art.
973
which
(2)
islaw
valid
up
to
1/5
of
their
respective
present
that
ground.
Qualification
of
Adopter;
Applicable
Law
(2001)
v.
prepared
Quintero-Hamano,
Joaquin
told
G.R.
Julio
No.
that
149498,
it
be
drawn
May
20,
in
solidarity
and
actively
promote
its
total
b)
Although
the
marriage
originally
involved
A. 1993).
RN
and
DM,
without
any
impediment
to
them
through
work
or
industry
shall
be
divided
opposition
should
be
denied
since
it
is
share
therein.
If
Tony
cohabited
with
Susan
Republic
wife,
Cecile,
caught
them
in
flagrante.
Armed
to
the
filing
of
the
petition
for
Ophelia
one
hundred
sues
James
eighty
for
bigamy
days
and
following
prays
that
the
ipso
facto
aThe
Filipino
if
she
is
not
disqualified
tov
or
conjugal
partnership
of
gains
(Article
119,
Isidro,
she
pleaded
to
the
hijackers
to
allow
The
however
requires
that
only
legally
F
isyears
the
illegitimate
child
of
B
and
G.
F
has
the
d)
Since
Paulita
acquired
the
shares
of
stock
applying
by
analogy
the
case
of
Navarro
influence,
mansion
tantamount
and
5-hectare
to
giving
agricultural
her
corrupting
land
when
celebrated
because
the
divorce
validly
validity.
valid,
despite
the
absence
of
a
marriage
e
August
1988
without
executing
any
ante
of
Manila
Hotel
before
the
Philippine
Consul
acquired
a
residential
lot
worth
P300,000.00.
due
girls.
to
Three
psychological
years
later,
and
her
not
physical
parents
illness
wanted
to
44.
Family
Code).
limitations.
For
it
appeared
that
EM
had
child."
The
Supreme
Court
held
that
the
right
revoke
the
donation
and
get
back
the
car?
legitime
was
impaired.
and
Y.
arranged
a
loan
of
P5
Million
from
PNB
for
the
case
is
filed
within
five
(5)
years
from
3
mother
is
engaged
in
was
not
aware
that
he
had
the
disease
at
the
from
BM,
Jr.
is
determined
by
Philippine
law.
country,
and
that
his
government
allows
the
Registry
and
Registry
of
Property,
otherwise
registers
of
property,
(Articles
53.
52,
43.
B.
Yes.
Congress
is
barred
from
enacting
alaw
(b)
Between
21-year
olds,
the
marriage
is
valid
will
then
become
absolute
community
abuse
of
right
and
they
contrary
to
law
the
Philippines.
Neither
are
both
Coals
and
While
separated,
Ric
fell
in
love
with
Juliet,
alaw
The
marriage
of
Lulu
and
Tirso
isask
also
void.
Maria
and
Luis,
both
Filipinos,
were
married
Sotero
has
no
legal
personality
to
seek
afor
stand
living
alone.
He
could
not
agree
as
in
Family
Code
may
apply
retroactively
but
only
if
provides
that
in
order
that
representation
may
properties
but
void
as
to
the
excess
(Art
84,
2004)
.
Furthermore,
the
condition
complained
the
name
of
Joaquina
Roxas,
his
acknowledged
A
German
couple
filed
a
petition
for
adoption
development."
Filipino
citizens,
it
eventually
became
a
marry
each
other,
had
been
living
together
between
them
in
proportion
to
their
respective
predicated
upon
causes
not
recognized
by
ALTERNATIVE
adoption
ANSWER:
and
maintains
such
residence
until
the
SUGGESTED
ANSWER:
Bal
250,00
125,000
200,000
575,000
after
his
legal
separation
from
Alice,
the
house
with
a
gun,
Cecile
shot
Saul
in
a
fit
of
extreme
his
celebration
marriage
of
with
the
Shirley
subsequent
be
declared
marriage
null
and
is
be
a
citizen
of
the
Philippines
(Mo
Ya
Lim
v
Civil
Code).
It
will
not
matter
if
Bob
died
The
total
omission
of
Elvira
does
not
the
assistant
pilot
to
solemnize
her
marriage
right
to
use
the
surname
of
G,
her
mother,
free
by
onerous
child,
or
title
one
during
who
has
the
been
marriage,
voluntarily
these
or
are
orders
exclusively
or
examples.
in
his
name,
She
still
can
they
also
are
presumed
the
Domagtoy,
obtained
by
259
Johnson
Scra
in
129
Manila
.
In
capacitated
this
case,
the
license?
Explain.
(2%)
nuptial
agreement.
One
year
after
their
(ii)
General
If
the
to
wife
Hongkong,
refuses
to
who
come
was
home
on
vacation
for
three
in
seek
judicial
annulment
on
that
ground.
You
procured
Constitutional
amendments
granting
of
action
of
the
minor
child
has
been
vested
by
Explain.
corporation.
However,
he
was
required
byArts
discovery.
time
ofPhilippine
marriage.
Under
prostitution;
law,
the
adopted
inherits
adoptee
to
enter
his
country
as
his
adopted
the
same
shall
not
affect
third
persons
and
the
property
of
Rico
and
Letty.)
allowing
divorce,
since
Section
2wll,
of
Article
XV
despite
the
absence
ofof
parental
advice,
and
morals,
causing
damages
to
Gigi
(See
Energy
doing
business
inside
the
Philippines.
c)
that
he
has
been
certified
by
his
16
year-old
sophomore
in
a
local
college
and
a
Mere
absence
of
the
spouse
does
not
give
rise
declaration
of
nullity
of
the
marriage
since
by
a
Catholic
priest
in
Lourdes
Church,
Quezon
fact,
he
had
signed
another
three
year
such
application
will
not
impair
vested
rights.
dogrounds
00
take
place,
the
representative
must
himself
be
Family
Code).
2)
Yes,
they
can.
The
subsequent
marriage
A.
The
marriage
with
Quercia
is
void.
The
of
No,
did
Digna's
not
exist
father
at
the
time
may
the
not
celebration
revoke
the
adoption
decree
is
entered,
natural
child.
Thus,
the
deed
was
so
prepared
of
a
minor
Filipino
child
with
the
Regional
marriage
between
an
alien
and
a
Filipino
after
without
benefit
of
church
blessings.
Their
contribution,
in
consonance
with
the
rules
on
as
for
disallowance
of
a
to
wit:
and
lot
is
his
exclusive
property.
If
he
jealousy,
nearly
killing
him.
Four
(4)
years
1
that
the
will
was
made
without
his
Commission
of
Immigration,
41
SCRA
292
void.
considered
James,
to
on
the
have
other
been
hand,
conceived
claims
that
during
YV,
however,
cannot
inherit,
in
his
own
right,
before
or
after
August
3.
1988
(effectivity
date
constitute
preterition
because
she
is
not
a
with
Isidro.
Soon
after
the
marriage,
Isidro
involuntarily
committed
to
the
DSWD
or
any
of
is
SUGGESTED
entitled
ANSWER:
to
support
as
well
as
the
legitime
part
of
the
conjugal
or
absolute
community
Supreme
Court
held
that
the
celebration
by
a
revesting
to
be
conjugal
in
her
properties,
of
parental
unless
authority
the
contrary
over
Maris
to
marry
Pedro.
The
marriage
of
Maris
marriage,
Tirso
while
supervising
clearing
(3)
Manila.
months
The
from
couple
the
executed
expiration
an
of
affidavit
her
contract,
were
consulted
and
asked
to
prepare
the
himself
and
acting
under
his
direction
filing
of
the
complaint
in court
under
the
bank
to
sign
athose
Continuing
Surety
Agreement
to
from
the
adopter
as
a legitimate
child
ofcould
the
child.
(c)
and
Letty
are
the
co-owners.
The
subsequent
marriage
shall
be
null
and
void.
provides:
"Sec.
2.
Marriage,
asthe
an
inviolable
SUGGESTED
ANSWER:
because
such
absence
is
merely
an
4
The
mother
isThey
engaged
in
diplomatic
or
consular
office
or
any
appropriate
19,
20,
21,
New
Civil
Code).
WilRico
(250.0
Secondly,
the
contracts
were
not
perfected
in the
Seventh-Day
Adventist.
decided
to
get
to
aThe
right
of
the
present
spouse
to
remarry.
City
in
1976,
Luis
was
drunk
on
day
of
his
Facundo
is
now
deceased.
contract.
When
he
returned
in
1989,
he
When
Rene
and
Angelina
got
married
in
1980,
SUGGESTED
ANSWER:
contracted
capable
of
succeeding
by
one
of
the
the
parties
decedent.
Adoption
not
give
exemption
from
the
requirement
ofwill
a
marriage
donation
because
Digna
was
not
in
bad
faith,
of
SUGGESTED
marriage.
ANSWER:
and
executed
by
Julio.
Joaquina
then
built
aheld
Trial
Court
of
Makati
under
the
provisions
of
Flor
became
a
Canadian
citizen.
Thus,
the
common-law
union
resulted
in
the
birth
of
c)
What
properties
may
be
co-ownership.
Hence,
Luis
gets
2\5
while
Rizza
(b)
children
born
from
the
union
of
H
and
cohabited
with
Susan
before
his
after
the
incident,
Saul
filed
an
action
for
legal
[1971]),
(Sec
4,
Naturalization
Law).
All
that
since
such
marriage,
his
marriage
even
to
Ophelia
though
it
was
be
contracted
born
within
knowledge;
from
the
father
of
the
adopter,
Sr.,
of
the
Family
Code],
what
matters
is
date
compulsory
heir
in
the
direct
line.
Only
expired.
As
the
plane
landed
in
Libya
Irma
consisting
of
1/2
of
that
of
each
of
X,
Y
and
E.
its
property,
accredited
as
the
agencies,
case
maybe
may
be
subject
(depending
of
on
Bing.
is
proved.
If
However,
Bing
is
already
19
years
of
judge
and
Pedro
of
a
is
marriage
still
validly
outside
existing,
the
because
jurisdiction
the
Marriage;
Void
Marriages;
Psychological
Incapacity
(2002)
(c)
of
Legal
Tessie's
Separation;
inherited
1)
land
There
upon
should
the
be
latter's
no
she
consenting
is
presumed
to
the
to
celebration
have
abandoned
ofBM,
the
marriage
the
proper
complaint.
What
advice
would
you
give
immunity
from
suit
during
his
tenure.
regime
of
the
Civil
Code
and
prior
to
the
secure
the
repayment
of
the
loan.
The
adopter.
ma
00)
Relations
is
the
Absolute
Community
of
C.
No.
on
September
15,
1991,
the
marriage
(Arts.
52
and
53.
Family
Code)
Parental
Authority;
Special
Parental
Authority;
Liability
ofof
government
agency
to
have
the
legal
capacity
social
institution,
is
the
foundation
of
the
irregularity
affecting
a
formal
requisite
i.e.,
adulterous
relationship;
the
Philippines.
Under
the
principle
of
lex
loci
married
with
the
consent
of
Juliet's
parents.
Article
41
of
the
Family
Code
provides
for
a
1)
a)
Yes,
the
marriage
is
valid.
The
Family
wedding.
In
fact,
he
slumped
at
the
altar
soon
not
locate
Marina
anymore.
In
1992,
Jose
filed
Marriage;
Psychological
Incapacity
(2006)
law
that
governed
their
property
relations
(b)
The
property
relations
between
Luis
and
G
himself
should
file
the
complaint
under
by
itself
did
not
render
Danilo
an
heir
of
the
rise
to
bigamy
even
in
the
absence
of
a
court
license
under
Art,
34,
Family
Code,
requires
applying
Art.
86(3)
of
the
Family
Code.
house
on
the
lot
where
she,
her
husband
and
the
Child
and
Youth
Welfare
Code
which
divorce
decree
was
one
obtained
by
an
alien
(1)
If
you
were
Saul's
counsel,
how
will
ZMN.
Two
years
later,
they
got
married
in
a
gets
3\5
of
P500.000.00.
3)
the
car
worth
answerable
for
Mila's
obligations?
Explain.
In
this
case,
has
prescription
set
in
or
not?
W
would
be
legitimate
children
if
conceived
or
separation
the
house
and
lot
against
Cecile
on
the
ground
that
she
has
to
do
is
prove
in
the
deportation
during
three
hundred
the
existence
days
of
after
his
marriage
the
termination
with
of
because
he
isfrom
aAlice,
legal
heir
of
BM,
Sr.
The
when
the
marriage
was
contracted.
As
Bob
compulsory
heirs
inno
the
direct
line
may
gave
birth.
However,
the
baby
died
ajudicial
few
intercountry
adoption.
The
law
further
(Article
176,
Family
Code)
whether
the
marriage
was
celebrated
prior
to.
his
court
is
a
mere
irregularity
that
did
not
age
and
therefore
longer
adrug
minor,
itbe
is the
not
marriage
has
not
been
validly
dissolved
by
the
A.
Give
brief
definition
or
explanation
of
Elv
250,00
125.00
375.000
2
that
the
will
was
made
without
his
condonation
request,
accidentally
or
consent
found
to
the
the
treasure
addiction;
not
in
at
the
Manila
Hotel.
Is
the
marriage
valid?
d)
and
that
his
government
allows
the
husband
and
he
may
file
an
action
for
G's
parents?
Explain
your
answer.
effectivity
of
the
Family
Code.
The
ruling
in
corporation
failed
to
pay
loan,
and
the
Property
(Arts,
75,90and9l,
Family
Code).
settlement
is
not
yet
valid
and
enforceable
to
adopt
in
his
country,
Teachers
(2003)
family
and
shall
be
protected
by
the
State."
the
Paternity
marriage
&aNew
Filiation;
license
Proofs
(1999)
and
does
not
affect
ANOTHER
SUGGESTED
ANSWER:
contractus,
the
law
of
the
place
where
the
She
presented
to
him
a
birth
certificate
ALTERNATIVE
ANSWER:
SUGGESTED
ANSWER:
Code
took
effect
on
August
3,
1988.
At
the
valid
bigamous
marriage
only
where
a
spouse
after
the
ceremony.
After
marriage,
Luis
never
an
action
5
served
The
mother
by
publication
is
a
drug
in
addict;
a
newspaper
was
Article
the
36
of
the
Civil
Family
Code.
Code
Under
provides
the
that
NCC,
a
marriage
as
Rizza,
their
marriage
having
been
celebrated
Article
45
of
the
Family
Code,
and
no
longer
declaration
adopter's
legitimate
of
nullity
parent.
of
the
first
Neither
marriage.
does
The
his
that
the
man
and
woman
must
have
lived
Presumptive
Legitime
(1999)
children
resided.
Upon
Joaquin's
death,
his
allowed
aliens
adopt.
Before
the
petition
spouse
married
to
a
Filipino.
Although
nothing
you
civil
argue
ceremony.
his
case?
Could
(2.5%)
ZMN
be
legitimated?
P100,000.00
shall
be
exclusively
owned
by
(2%)
Considering
born
before
the
the
differences
decree
of
annulment
in
the
cited
of
laws,
the
belongs
to
his
community
or
partnership
with
ira
0
0
she
attempted
to
kill
him.
proceeding
the
fact
of
her
marriage
and
that
Mary,
the
former
the
former
marriage."
not
binding
upon
the
legal
fiction
ofaside
adoption
exists
only
between
and
Issa
contracted
their
marriage
way
back
subject
of
preterition.
Not
having
minutes
after
complete
delivery.
Back
in
the
requires
or
after,
that
the
effectivity
from
possessing
of
the
Family
all
the
Code).
Carol
but
Bing
herself
who
can
petition
affect
Maryland
the
divorce
validity
[Art.
26,
of
Family
the
Code).
marriage
term
psychological
incapacity
as
ahim,
ground
adoptee
toproperties
enter
his
country
as
his
adopted
2)
the
The
new
action
river
must
bed
be
but
filed
on
within
the
five
property
(5)
of
consent;
and
separation
of
property.
If
the
refusal
continues
for
Tayag
v.marriage
Court
of
Appeals
finds
no
application
bank
obtained
aisSupreme
judgment
against
it been
and
until
the
celebration
of
the
marriage,
to
take
It
depends.
If
she
is
disqualified
to
be
a
If
during
class
hours,
while
the
teacher
was
Since
all
the
are
conjugal,
they
can
Since
is
"Inviolable",
it
cannot
be
validity
of
the
marriage
itself.
This
is
without
ZMN
was
legitimated
by
subsequent
a)
Yes,
the
donation
is
revocable.
Since
the
contract
is
made
shall
apply.
Lastly,
the
ANOTHER
ANSWER:
SUGGESTED
ANSWER:
showing
she
is
18
years
Ric
never
doubted
has
been
absent
for
four
consecutive
years
time
of
the
marriage
on
September
4,
1987,
contracted
by
any
party
who,
at
the
time
of
the
had
aphysical
steady
job
because
he
was
drunk
most
of
of
general
circulation.
Marina
did
not
file
any
interpreted
by
the
Court
in
Heirs
of
20
years
ago
(under
the
Civil
Code)
shall
be
the
parents
because
G
is
already
22
years
of
being
a
grandchild
of
Abraham
render
him
subsistence
of
aab
prior
valid
marriage
is
an (1)
together
as
husband
and
wife
for
at
least
five
SUGGESTED
ANSWER:
(c)
The
marriage
of
Maris
and
Vincent
is
void
legitimate
children
sought
to
recover
could
be
heard,
the
Family
Code,
which
What
do
you
understand
by
"presumptive
is
said
about
6
The
whether
mother
such
isold.
a
habitual
divorce
did
drunk
or
Reason.
(5%)
Rizza,
the
same
having
been
donated
to
her
by
which
prescriptive
period
should
be
applied:
marriage
(under
Art.
45
of
the
Family
Code)
Alice.
she
is
not
disqualified
to
become
a
Filipino
same
being
void
initio
he
further
claims
the
adopted
and
the
adopter.
(Teotico
v.
Del
Val
in
1970.
the
property
relation
that
governs
preterited,
she
will
be
entitled
only
to
her
Philippines
Irma
immediately
filed
a
claim
for
qualifications,
the
adoptive
parents
must
come
child.
Her
separation
from
her
husband
did
notwithstanding
Article
7
of
the
Family
Code
court
for
judicial
rescission
of
the
adoption,
for
the
declaration
of
nullity
of
a
marriage.
What
is
the
status
of
the
marriage
years
Tessie.
from
To
the
whom
occurrence
shall
the
of
treasure
the
cause.
belong?
more
than
one
year
from
the
expiration
of
her
Property
Relations;
Unions
without
Marriage
(1997)
in
the
instant
case.
Although
the
child
was
Victorino,
jointly
and
severally.
To
enforce
the
3
that
it
has
the
effect
of
depriving
place
before
the
last
day
of
the
1991
bar
Filipino
citizen,
she
may
be
deported.
If
she
is
chatting
with
other
teachers
in
the
school
Marriage;
Requisites;
Marriage
License
(1996)
2.
If
Bob
died
be
fore
August
3,
1988.
which
As
the
counsel
of
Saul,
I
will
argue
that
an
be
held
answerable
for
Mila's
obligation
if
dissolved
by
an
absolute
divorce.
prejudice
to
the
civil,
criminal,
or
marriage
of
RN
and
DM
because
at
the
time
ground
for
the
annulment
of
the
marriage
is
Philippine
court
has
no
power
to
determine
the
her
age
much
less
the
authenticity
of
her
birth
b)
Carol
may
file
an
action
to
deprive
Norma
celebration,
was
psychologically
incapacitated
to
municipal
mayors
were
empowered
to
before
the
second
marriage
and
the
present
the
time.
Finally,
he
could
not
get
employed
at
answer,
a
possible
collusion
between
the
Felipe
v.
Aldon,
100
SCRA
628
and
reiterated
in
Since
Tirso
and
Tessie
were
married
before
governed
by
the
conjugal
partnership
ofbigamy.
gains,
age.
indispensable
heir
of
the
latter
element
because
ofthe
the
crime
an
illegitimate
of
Provided,
further,
That
on
years
and
without
any
legal
impediment
to
The
legacy
inwhat
favor
of
Rosa
is
void
ab
initio
because
it
is
aNeither
bigamous
marriage
possession
and
ownership
of
the
lot,
claiming
repealed
the
Child
and
Youth
Welfare
Code,
legitime",
in
case
orrequirements
cases
must
the
capacitate
Flor
to
remarry,
that
fact
may
as
an
alcoholic;
her
parents.
one
has
year
become
under
final
Philippine
and
executory
law,
two
years
(Art.
under
54,
Citizen.
that
his
marriage
to
Shirley
isas
valid
and
13
SCRA
406
[1965]).
may
he
inherit
B.
If
existing
at
the
inception
marriage,
them
still
the
conjugal
partnership
of
gains.
legitime.
inheritance.
The
parents
of
Isidro
opposed
her
from
not
dissolve
aisprovides
country
the
where
community
the
Philippines
of
property.
Hence,
provided
she
can
show
a
ground
for
which
that
an
incumbent
member
of
(2%)
Explain.
between
Gigi
and
Ric
valid,
voidable
or
contract,
husband
may
file
the
action
for
legal
Marriage;
Luis
and
Annulment;
Rizza,
both
Effects;
26
years
Requisites
of
age
Before
and
Remarriage
born
before
the
effectivity
of
the
Family
Code,
judgment,
the
sheriff
levied
on
aof
farm
owned
SUGGESTED
ANSWER:
him
of
his
legitime,
which
ishas
athe
Examinations.
not
disqualified
to
be
a
Filipino
citizen,
she
G.R.
No.
94053,
March
17,
1993)
corridor,
athe
7
year
old
male
pupil
stabs
eye
On
Valentine's
Day
1996,
Ellas
and
Fely,
both
the
date
the
Family
Code
took
effect,
the
attempt
by
the
wife
against
the
life
of
the
obligation
redounded
tobut
the
benefit
of
the
administrative
liability
of
the
party
responsible
he
was
conceived,
RN
and
DM
could
have
the
psychological
immaturity
of
George,
the
facts
surrounding
the
execution
of
said
Amount
ofwas
Successional
Rights
(2004)
Marriage;
Annulment;
Proper
Party
(1995)
certificate.
They
got
married
in
a
Catholic
comply
with
the
essential
marital
obligations
of
of
parental
authority
under
Article
231
the
spouse
had
a
well-founded
belief
that
the
solemnize
marriage
under
the
Civil
Code
of
Heirs
of
Ayuste
v.
Malabonga,
G.R
No,
118784,
all
because
of
drunkenness.
Hence,
it
was
parties
ruled
out
by
the
Public
Prosecutor.
the
effectivity
of
the
Family
Code,
their
under
which
the
husband
and
wife
place
in
a
residency
and
certification
of
the
aliens
child
Carlos,
who
was
a
legitimate
child
of
The
prior
court
declaration
of
nullity
of
the
marry
each
other
during
those
five
years.
The
Article
1028
for
being
in
consideration
her
contracted
by
Maris
during
the
subsistence
of
that
Joaquina
Roxas
was
a
trustee
of
their
came
into
effect.
Consequently,
the
Solicitor
parent
deliver
such
legitime
to
the
children,
well
be
assumed
since
the
problem
states
that
SUGGESTED
ANSWER:
c)
Supposing
that
Joey
died
during
the
HIs
law,
ten
years
under
U.S.
federal
law,
or
SUGGESTED
ANSWER:
Family
Code}.
SUGGESTED
ANSWER:
Even
if
Minister's
license
binding
as
he
was
already
legally
capacitated
would
3)
the
Drug
state
addiction
of
being
arises
of
unsound
during
mind
the
or
from
Property
BM,
Relations;
Sr.
by
Marriage
representing
Settlements
BM,
(1995)
Jr.
because
(Art.
158,
Civil
Code)
claim
contending
that
the
marriage
between
diplomatic
relations
and
that
the
government
the
husband
has
a
right
to
share
in
the
shares
7
The
mother
is
in
jail
or
serving
judiciary
is
authorized
to
solemnize
disinheritance
of
an
ascendant.
void?
Explain.
(2.5%)
separation
under
Art.
55
(10)
of
the
Family
Code
(1990)
single,
live
exclusively
with
each
other
as
Yes,
because
there
is
a
presumed
donation
in
the
complaint
was
filed
after
its
effectivity.
by
the
conjugal
partnership
of
Victorino
and
Paternity
&
Filiation;
Recognition
of
illegitimate
Child
(2005)
ground
that
goes
into
the
intrinsic
may
be
deported.
An
alien
woman
who
of
another
boy
with
a
ball
pen
during
aFamily
fight,
single
and
25
years
of
age,
went
to
the
city
answer
will
be
the
same.
Art.
158.
Civil
husband
is
one
of
the
grounds
enumerated
by
family.
(Art.
121
[3],
Family
Code)
However,
2)
a)not
The
marriage
is
not
valid.
Consuls
and
therefor.
validly
married
each
other.
Under
the
judgment
was
in
nature
of
ain
declaration
of
contracts.
And
even
if
a
proper
decision
could
church
Mr.
XT
in
and
Mrs.
YT
A
year
have
after,
been
married
gave
for
birth
20
marriage,
shall
be
void.
Choose
the
spouse
listed
below
Yvette
was
found
to
be
positive
for
HIV
virus,
Family
Code
or
file
an
action
for
the
rescission
SUGGESTED
ANSWER:
SUGGESTED
ANSWER:
2
September
1999
,proceeds,
the
sale
executed
by
the
1950.
absent
spouse
isthe
already
dead.
(Republic
Maria
who
had
to
earn
a
living
to
support
Trial
was
conducted
and
Marina
neither
property
qualification
relation
to
adopt
is
in
governed
his
country
by
may
conjugal
be
common
fund
the
products,
fruits
The
levy
is
not
proper
there
being
no
showing
that
first
Abraham,
marriage
Danilo
is
required
is
incapable
by
the
of
Family
succeeding
Code
cohabitation
of
Facundo
and
Quercia
for
six
adulterous
relation
with
the
testator.
She
is,
As
judge,
IManila.
will
not
grant
the
The
(c)
By
reason
of
public
policy,
the
marriage
her
marriage
with
Pedro
(Art
25
and
41,
father.
Will
the
action
against
Joaquina
Roxas
General
filed
a
motion
to
dismiss
the
petition,
and
what
are
the
legal
effects
each
case
ifv. pendency
she
married
anot
Canadian
shortly
after
obtaining
of
the
action,
should
the
action
expired,
the
marriage
is
valid
ifannulment.
either
or
both
none
of
the
above?
Explain.
(5%)
at
the
time
he
married
her.
a)
Is
the
contention
in
the
representative
must
be
a
the
marriage
concealment
and
not
of
drug
at
the
addiction,
time
of
marriage.
habitual
Onrepresentation,
10
September
1988
Kevin,
aJuliet
26-year
old
her
and
Isidro
was
void
ab
initio
on
the
maintains
of
stock.
avalidity
similarly
accredited
agency
and
marriages
only
sentence.
within
the
courts
jurisdiction.
on
the
ground
of
abandonment
of
petitioner
by
The
husband
marriage
and
wife
of
H
without
and
W
the
was
benefit
annulled
of
by
the
favor
of
Joaquina
under
Art.
1448
of
the
Civil
Hence,
Article
175
of
the
Family
Code
should
his
wife
Elsa.
Is
the
levy
proper
or
not?
(3%)
of
the
will
and
need
not
be
Steve
was
married
to
Linda,
with
whom
he
marries
a
Filipino
citizen
becomes
one.
The
causing
permanent
blindness
to
the
victim,
hall
where
they
sought
out
a
fixer
to
help
them
Code,
would
then
apply.
The
land
would
then
the
Family
Code
for
legal
separation
and
there
d)
Explain
the
respective
filiation
of
the
burden
of
proof
lies
with
the
creditor
vice-consuls
are
empowered
to
solemnize
Code
children
conceived
and
born
outside
of
(c)
nullity
The
under
children
Art.
of
36
the
of
first
the
marriage
FC
and,
therefore,
shall
be
2)
a)
Under
a
community
of
property,
whether
The
US
Court
will
apply
US
law,
the
law
of
the
be
who
reached,
is
psychologically
such
would
incapacitated.
have
no
Explain.
biding
(2.5%)
effect
a)
years.
Suppose
the
wife,
YT,
died
childless,
to
twins,
Aissa
and
Aretha.
considered
sexually
transmissible,
serious
and
SUGGESTED
ANSWER:
of
the
adoption
under
Article
191
in
relation
husband
Ophelia?
without
c)
Is
the
the
consent
estate
of
of
Mary
the
wife
entitled
is
Nolasco,
waived
for
the
following:
a)
a
former
Filipino
herself
and
her
child
begotten
with
Luis.
In
appeared
nor
presented
evidence
in
her
favor.
partnership
of
gains.
Under
Art.
54
of
the
Civil
and
income
from
their
separate
properties
and
the
surety
agreement
executed
by
the
husband
Abraham
under
Art.
992
of
the
Code.
only
for
the
purpose
of
the
validity
of
the
years
from
1990
to
July
1,
1996
when
Petra
therefore,
disqualified
to
receive
the
legacy
of
facts
do
not
show
any
taint
of
personality
between
Filipino
first
cousins
is
void
[Art.
38,
Family
Code).
The
marriage
of
Maris
and
prosper?
on
the
ground
that
the
Family
Code
prohibits
the
parent
fails
to
do
so?
(5%)
the
divorce.
Hence,
Virgillo
can
marry
again
Gigi
and
Ric
believed
in
good
faith
that
he
had
be
dismissed?
Explain.
(2%)
of
James
correct?
b)
What
property
Relations
alcoholism,
homosexuality
or
lesbianism
be
legal
heir
not
only
of
the
person
he
is
businessman,
married
Karla,
a
winsome
lass
of
following
grounds:
(a)
they
had
not
given
their
that
adoption
is
allowed
under
the
national
v.
Reyes,
27
January
1992,
206
SCRA
437)
.inable
respondent
without
justifiable
cause
for
more
marriage,
Luis
ismarriage.
gainfully
Rizza
is
competent
court.
Upon
finality
of
the
Code
within
the
los
fourth
Santos
(4th)
degree
of
consanguinity
apply
and
not
Article
285
ofemployed,
the
Civil
Code.
resolved
during
the
probate
had
a(De
daughter,
Tintin.
Steve
fathered
a
son
marriage
of
Miss
Universe
to
the
Filipino
who
SUGGESTED
could
ANSWER:
be
liable
for
damages
for
the
boys
obtain
a
quickie
For
aXT.
fee,
the
fixer
be
deemed
conjugal,
along
with
the
house,
is
no
need
for
criminal
conviction
the
James,
claiming
John
against
and
Verna.
the
(2%)
properties.
(Ayala
marriages
between
Philippine
citizens
abroad
PRESUMPTIVE
LEGITIME
is
not
defined
the
wedlock
of
parents
who,
at
the
time
of
the
considered
the
donation
legitimate
may
be
revoked
children
under
if
conceived
Art.
86(
absolute
or
relative,
the
disposition
of
property
Nagger
b)
Gay
or
Lesbian
c)
Congenital
sexual
pervert
Jorum,
in
determining
the
applicable
on
and
Energy
as
the
court
was
not
SUGGESTED
ANSWER:
survived
only
by
her
husband,
What
would
incurable.
Her
boyfriend
Joseph
was
aware
of
to
Article
231
(2)
of
the
Family
Code.
citizen
who
seeks
adopt
aof
relative
voidable.
aCoals
share
The
in
the
husband
has
already
acquired
a1)
1986,
Maria
filed
atopetition
in
the
church
If
you
were
the
judge,
will
you
grant
the
Code,
the
share
of
the
hidden
treasure
which
those
redounded
acquired
to
the
by
benefit
either
of
or
the
both
family.
spouses
An
obligation
subsequent
marriage,
not
as
an
element
of
the
died
was
one
with
a to
legal
impediment
hence,
100,000
pesos.
The
legacy
50,000
pesos
in
disorder
on
the
part
of
the
wife
Marina
so
as
to
par.
(1),
Family
Code],
and
the
fact
that
itor
is
Vincent
does
not
validly
exist
because
Article
aliens
the
legal
from
authority
adopting.
solemnize
If
you
were
marriage.
the
While
judge,
Marriage;
Legal
Separation;
Declaration
of
Nullity
(2002)
under
Philippine
law,
pursuant
to
Art.
26.
FC
Nationality
Theory
(2004)
governed
the
union
of
James
representing
but
also
of
the
decedent
from
considered
indicia
of
psychological
18.
Without
the
knowledge
of
their
parents
or
consent
to
the
marriage
of
their
son;
(b)
there
law
of
the
alien.
Moreover,
it
must
be
further
SUGGESTED
ANSWER:
or
affinity;
or
b)
one
who
seeks
to
adopt
the
However,
the
donation
should
be
collated
to
SUGGESTED
ANSWER:
than
one
year.
The
wife
is
deemed
to
have
judgment
not
employed,
of
nullity.
stays
at
H
home,
began
and
looking
takes
for
charge
his
Homeowners
Savings
&
Loan
Bank
v.
Dailo,
G.R.
1.
Resolve
each
of
the
contentions
([a]
to
[d])
The
motion
to
dismiss
the
petition
for
adoption
proceedings.
However,
the
with
Dina,
his
secretary
of
20
years,
whom
doctor
did
not
automatically
make
her
a
injury:
the
teacher,
the
school
authorities,
or
Qualification
Marriage;
Void
of
Marriages
Adopter
(2005)
(2004)
Marriage;
Divorce
Decrees;
Filipino
Spouses
becoming
Alien
produced
an
ante-dated
marriage
license
for
since
conjugal
funds
were
used
in
Hans
If
Joey
and
died
Rhoda
during
have
the
to
pendency
file
an
application
of
the
action,
to
ground
to
be
invoked
(Art.
55,
par.
9,
Family
Investment
v.
Court
of
Appeals,
G.R.
No.
in
the
consular
office
of
the
foreign
country
to
d)
Gambler
e)
Alcoholic
SUGGESTED
ANSWER:
The
best
former's
conception,
were
not
disqualified
by
law.
Its
definition
must
have
been
taken
from
born
of
the
before
FC
for
the
the
Judgment
reason
that
of
annulment
the
marriage
of
the
has
belonging
toExplain.
such
community
isofficer
void
if
done
by
prescriptive
period.
While
US
law
is
silent
on the
to
acquire
jurisdiction
over
the
said
residential
lot
acquired
by
James
and
be
the
share
of
XT
from
her
estate
as
her
condition
and
yet
married
her.
After
two
vested
right
on
the
voidable
nature
of
matrimonial
court
in
Quezon
City
to
annul
her
annulment.
contracted
by
the
husband
alone
is
chargeable
the
SUGGESTED
law
awards
ANSWER:
to
the
finder
or
the
proprietor
through
their
efforts
or
by
chance,
and
upon
crime
of
bigamy.
not
in
compliance
with
the
requirement
of
law.
favor
Ernie
is
not
inofficious
not
having
lend
authority
substance
of
the
to
her
solemnizing
husband's
averment
is
a
of
considered
a
valid
marriage
in
a
foreign
26
does
not
apply.
Pedro
was
not
a
foreigner
at
how
will
you
rule
on
the
motion?
(5%)
which
applies
because
Flor
was
already
an
If
drug
addiction,
habitual
alcoholism,
PH
and
LV
are
HK
Chinese.
Their
parents
are
The
school,
its
administrators,
and
teachers
incapacity?
Explain.
(2%).
whom
the
represented
was
supposed
to
inherit
legal
guardians,
Kevin
and
Karla
entered
into
legitimate
child
of
his
Filipino
spouse;
or
was
no
marriage
license;
(c)
the
solemnizing
shown
that
all
possibilities
for
a
domestic
James,
John
and
Verna
are
illegitimate
No.
153802,
March
11,
2005)
the
hereditary
estate
and
the
legitime
of
the
ALTERNATIVE
ANSWER:
abandoned
the
husband
when
she
leaves
the
of
the
household
chores.
After
living
together
prospective
second
mate.
He
fell
in
love
with
a
raised
by
the
parents
of
Isidro.
Discuss
fully.
should
be
denied.
The
law
that
should
govern
SUGGESTED
ANSWER:
opposition
may
be
entertained
for,
Dina
named
Joey,
born
on
September
20,
(2)
If
you
were
the
lawyer
of
Cecile,
what
Filipino
citizen.
She
still
has
to
prove
that
she
(1999)
guilty
boys
parents?
Explain.
SUGGESTED
ANSWER:
them,
Issued
by
the
Civil
Registrar
of
a
small
In
A.
1984,
BONI
Eva,
and
a
Filipina,
ANNE
met
went
while
to
work
working
as
a
118305,
February
12,1998,
reiterated
in
the
constructing
action
should
it.
The
still
husband's
be
dismissed
estate
because
would
be
adopt
Magno,
either
with
the
Regional
Trial
answers
are
B
and
C.
To
be
sure,
the
existence
and
Code).
which
they
were
assigned
and
have
no
power
Act
2710,
the
Old
Divorce
Law,
which
required
any
impediment
to
marry
each
other
are
marriage
been
judicially
of
H
and
declared
W
has
void
become
ab
initio.
final
and
just
one
spouse
without
the
consent
of of
the
this
matter,
the
US
Court
will
not
apply
corporations.
(Manila
Hotel
Corp.
v.not
NLRC.
343
Ophelia?
inheritance?
Why?
Explain.
(5%)
(2)
years
of
cohabiting
with
Yvette,
and
ingains.
his
A.
PSYCHOLOGICAL
INCAPACITY
is
dispositions
made
without
the
consent
of
the
marriage
with
Luis
on
the
ground
of
against
the
conjugal
partnership
only
when
it
was
belongs
to
the
conjugal
partnership
of
dissolution
of
the
marriage
or
of
the
formal
requisite
ofofCode).
marriage,
and
at
least
one
On
ALTERNATIVE
other
hand,
ANSWER:
the
cohabitation
thereafter
exceeded
the
free
portion.
Hence,
he
shall
bea (Article
psychological
incapacity
within
the
meaning
of
country
in
this
case,
Spain
does
validate
the
time
of
his
marriage
with
marts
andable
the
alien
at
the
time
the
divorce.
lesbianism
or
homosexuality
should
occur
only
now
Filipino
citizens
who
live
in
Manila.
While
ALTERNATIVE
ANSWER:
have
973,
special
Civil
parental
authority
and
an
ante-nuptial
contract
the
day
before
their
officer
had
no
authority
to
perform
adoption
have
been
exhausted
and
the
interchildren
b)
No,
the
since
donation
their
cannot
parents
be
are
revoked.
not
validly
The
Family
Home;
Dwelling
House
(1994)
Theory;
significant
relationships
theory
(1994)
SUGGESTED
ANSWER:
other
heirs
should
be
preserved.
conjugal
Paternity
&
dwelling
Filiation;
Proofs;
without
Limitations;
any
intention
Adopted
of
Child
sexy
for
a
little
woman
over
S
twenty
who
wanted
years,
to
Luis
be
was
married
to
as
Under
the
Civil
Code,
the
widow
or
widower
is
the
action
is
the
law
in
force
at
the
time
of
ALTERNATIVE
ANSWER:
A.
Yes.
His
marriage
to
Ophelia
is
void
ab
initio
the
purpose
of
securing
to
the
1981.
Joey's
birth
certificate
did
not
indicate
d)
As
Judge,
I
shall
rule
as
follows:
Jorge
is
will
is
not
be
disqualified
your
defense?
to
become
(2.5%)
a
citizen.
Ben
and
Eva
were
both
Filipino
citizens
at
the
remote
municipality.
He
then
brought
them
to
concealment
nurse
overseas.
in
the
of
They
these
USA.
became
conditions
There,
sweethearts
she
at
the
met
inception
and
and
fell
of
got
in
entitled
to
a
reimbursement
of
the
value
Court
right
having
of
Joey
jurisdiction
or
his
heirs
over
to
Magno
file
the
or
action
with
to
solemnize
marriage
on
Philippine
soil.
legitimated
by
the
subsequent
marriage
of
the
the
delivery
to
the
legitimate
children
of
"the
executory.
Children
conceived
or
born
of
the
other
or
authority
of
the
proper
court.
Philippine
law
in
determining
the
prescriptive
SCRA
1,
1314[2000])
The
institution
of
Baldo,
which
applies
only
to
belief
that
she
would
probably
never
be
able
mental
disorder
of
the
most
serious
wife.
Hence,
Article
of
the
Family
Code
contracted
for
the
benefit
of
the
family.
When
the
psychological
incapacity
to
comply
with
his
Except
for
the
residential
house
which
is type
the
one-half
share
pertaining
to
Tessie
as
partnership,
the
net
or
benefits
obtained
the
parties
must
belong
to
the
solemnizing
c)
one
who
is124
married
to
aof
Filipino
citizen
until
the
marriage
on
July
1,
2000,
although
entitled
to
receive
it.
Art
36
of
the
Family
Code.
In
Santos
vs.
CA
it,
being
an
exception
to
the
general
rule
in
divorce
abroad
(in
Maryland)
was
initiated
and
Yes,
the
action
against
Joaquina
Roxas
will
during
the
marriage,
would
this
constitute
still
students
in
MNS
State,
they
got
married
responsibility
over
the
minor
child
while
under
1.
fact
that
the
parents
of
Isidro
and
marriage
stipulating
that
conjugal
partnership
marriage;
and,
(d)
the
solemnizing
officer
did
country
adoption
is
best
for
the
interest
of
the
married.
Under
Article
165
the
Family
law
provides
that
agains
donation
by
reason
of
SUGGESTED
ANSWER:
In
1991,
Victor
established
judicially
out
of
Able,
a
corporation
domiciled
in
State
A,
but,
Property
Relations;
Marriage
Settlement;
Conjugal
Partnership
(1995)
returning
(Article
101,
FC).
The
intention
not
The
marriage
of
Facundo
and
Quercia
is
VALID.
save
from
his
salary
earnings
during
that
soon
as
possible,
i.e.,
after
a
few
months
of
a
legal
and
compulsory
heir
of
the
deceased
b)
A(a)
Philippine
consul
is
authorized
by
law
to
ofThe
the
petition.
that
time,
it
was
the
because
of
his
subsisting
prior
marriage
to
husband
his
right
to
the
legitime
on
the
father's
name.
Steve
died
on
August
13,
entitled
to
receive
his
legitime
from
the
estate
marriage
renders
the
marriage
contract
voidable
(Art.
time
of
their
marriage
in
1967,
When
their
a
licensed
minister
in
aAt
restaurant
behind
the
love
engaged
with
to
Paul,
be
an
married
American
on
New
citizen,
Years
and
they
Eve
has
land
already
from
conjugal
prescribed.
partnership
(Art.
175,
funds.
Family
the
Inter-Country
Adoption
Board
in
Canada.
equivalent
of
what
would
have
been
due
to
parents.
subsequent
marriage
shall
likewise
be
However,
the
land
was
registered
in
the
name
period.
It
is
generally
affirmed
as
a
principle
in filing
the
free
portion,
shall
be
respected.
In
sum,
bear
him
a
healthy
child,
Joseph
now
wants
toto
showing
the
incapability
of
one
or
both
spouses
obligation
was
contracted
on
behalf
of
the
family
which
makes
the
sale
void
does
not
apply.
marital
obligation.
Her
petition
was
granted
by
family
home,
all
other
properties
of
Gabby
and
owner
of
the
land,
and
the
one-half
share
by
either
and
seeks
or
both
to
adopt
spouse
jointly
shall
with
be
divided
his
spouse
a
officer's
church,
the
law
provides
that
the
good
free
from
legal
impediment,
did
not
meet
the
(240
SCRA
20)
,
this
particular
ground
for
Art.
96
of
said
Code
which
accords
validity
obtained
not
by
the
alien
spouse,
but
by
the
prosper,
but
only
to
the
extent
of
the
aliquot
grounds
for
a
declaration
of
nullity
or
for
legal
(iii)
If
the
husband
discovers
after
the
although
they
are
first
cousins.
It
appears
that
As
the
counsel
of
Cecile,
I
will
invoke
the
their
supervision,
instruction
or
custody
(a)
of
Irma
How
did
soon
not
can
give
H
be
their
joined
consent
in
lawful
to
gains
shall
govern
their
marriage.
At
the
not
file
an
affidavit
of
marriage
with
the
proper
child.
Code,
marriage
children
may
conceived
be
revoked
and
by
born
the
outside
donor
a
if
conjugal
property,
a
family
home
in
Manila
doing
business
in
the
Philippines,
hired
Eric,
a
of
Gains
(2005)
The
second
marriage
was
solemnized
on
July
1,
to
return
cannot
be
presumed
during
the
Abraham
died
intestate
on
7
January
1994
courtship.
period
the
amount
As
a
of
young
P200,000.00
lawyer,
presently
you
were
spouse.
If
the
widow
is
the
only
surviving
heir,
solemnize
marriages
abroad
between
Filipino
Child
and
Youth
Welfare
Code
that
was
in
Mary.
His
marriage
to
Shirley,
after
Mary's
the
theory
that
the
will
constitutes
1993,
while
Linda
died
on
December
3,
1993,
46,
Family
Code).
They
may
serve
as
indicia
of
his
wife.
He
was
not
disinherited
in
the
will
marriage
turned
sour,
Ben
went
to
a
small
city
hall,
and
the
latter
solemnized
their
got
aboard
married
a
cruise
in
1985.
ship
in
Eva
the
acquired
Caribbean.
American
They
Hans
Code)
and
Rhoda
will
then
undergo
a
trial
Emancipation
(1993)
ALTERNATIVE
ANSWER
them
as
their
legal
portion
if
said
spouse
had
legitimate
even
if
the
marriage
of
H
and
S
be
of
Paulita
as
"widow".
Hence,
the
buyer
has
private
international
law
that
procedural
law
is
the
estate
of
Lamberto
will
be
distributed
as
have
his
marriage
with
Yvette
annulled.
Yvette
to
comply
the
essential
marital
obligations
of (Art.
business
the
law
presumes
that
such
obligation
will
relative
within
the
fourth
(4th)
degree
of
the
church
matrimonial
court.
1)
Maria
faith
of
the
parties
cures
defect
in
the
lack
of
Mila
may
be
held
answerable
Mila's
pertaining
to
Tirso
as
finder
of
the
treasure,
equally
between
them
(Art.
142.
Civil
Code).
35
par.
2,
Family
Code;
Sempio-Diy,
p.ab
34;
5-year
cohabitation
requirement.
nullity
of
marriage
was
held
to
be
limited
only
all
marriage
solemnized
outside
the
Philippine
Filipino
spouse.
Hence,
the
Maryland
divorce
hereditary
rights
of
the
legitimate
children
as
separation,
or
would
they
render
the
marriage
marriage
that
his
wife
was
a
prostitute
before
both
in
HK
and
in
MNS
State
first
cousins
adultery
of
Saul.
Mutual
guilt
is
aCan
ground
for
(Article
218,
FC).
They
are
principally
and
did
not
make
the
marriage
void
wedlock
to
his
girlfriend
S?
Under
existing
time
ofassuming
their
marriage
Kevin's
estate
was
SUGGESTED
ANSWER:
civil
registrar.
valid
marriage
are
illegitimate,
unless
among
other
cases,
the
marriage
isfor
judicially
worth
P200.000.00
and
extrajudicially
a
Filipino
engineer,
for
its
project
in
State
B.
In
ALTERNATIVE
ANSWER:
Gabby
and
Mila
got
married
at
Lourdes
30year
period
of
her
contract.
2000,
when
the
Family
code
was
already
survived
deposited
by
in
his
a
bank.
son
Braulio.
A
house
Abraham's
and
lot
worth
older
consulted
by
H,
there
being
no
legitimate
ascendants,
Paternity
&
Filiation;
Rights
of
Legitimate
Children
(1990)
citizens.
He
has
no
authority
to
solemnize
a
effect,
not
the
Family
Code.
Petitioners
have
death,
is
valid
and
binding.
psychological
Property
Relations;
incapacity,
Conjugal
depending
Partnership
on
of
the
Gains
degree
(1998)
and
an
ineffective
disinheritance
under
leaving
their
legitimate
daughter,
Tintin,
as
The
marriage
it
void.
Under
Article
96
of
even
that
he
gave
ground
for
country
in
Europe,
got
himself
naturalized
marriage
right
there
and
then.
1)
Is
their
citizenship
took
the
proper
in
1987.
license
During
to
marry
their
sojourn
in
New
in
York
the
custody
for
six
(6)
months
from
the
time
of
died
intestate
immediately
after
the
dissolution
Julio
and
Lea,
both
18
years
old,
were
null
and
void
for
failure
to
comply
with
the
the
right
to
rely
upon
what
appears
in
the
one
of
the
exceptions
to
the
application
of
follows:
opposes
SUGGESTED
redound
consanguinity
to
the
ANSWER:
the
suit
benefit
or
contending
affinity
of
the
of
family.
the
that
Filipino
Joseph
However,
spouse.
is
when
love,
respect,
cohabitation,
mutual
help
and
The
Law
on
Persons
and
Family
now
authority
get
married
of
the
solemnizing
legally
to
another
officer
man
under
obligation.
Since
the
said
properties
are Rabuya,
belong
to
the
conjugal
partnership
of86.
gains.
Thus:
1)
The
salary
of
deposited
in
the
to
the
most
serious
cases
of
personality
x
xNo.
x and
valid
there
asLuis
such.
did
not
capacitate
Marts
to
marry
Vincent.
heirs.
Joaquina
will
be
entitled
to
retain
her
voidable?
(1%).
they
got
married,
he
has
no
remedy.
No
could
marry
legally.
The
marriage
is
valid.
The
irregularity
in
the
the
dismissal
of
an
action
for
legal
separation
solidarily
liable
for
the
damages
caused
by
the
laws,
initio.
are
The
there
marriage
certain
is
merely
requisites
voidable
that
must
under
be
A.
The
contention
of
James
is
not
correct.
worth
50
Million
while
Karla's
was
valued
at
2
otherwise
declared
void
provided
ab
initio
in
this
[par.
Code.
(1)
Art.
Family
second
family
home
in
Tagaytay
worth
contract
of
employment
executed
by
the
Church
in
Quezon
City
on
July
10,
1990.
Prior
affective.
The
family
code
took
effect
on
August
son
Carlos
died
on
14
February
1990.
Danilo
P500,000.00
was
recently
purchased
for
descendants,
brothers,
and
sisters,
nephews
B
and
G
(college
students,
both
single
and
not
marriage
in
the
Philippines.
Consequently,
the
already
acquired
a
vested
right
on
their
severity
of
the
disorder
(Santos
v.
CA,
G.R.
No.
112019,
Art.
ofor
the
Civil
Code,
sole
heir.
On
May
16,
1994,
Dina
filed
ain
In
1970,
Bob
and
Issa
got
married
without
Family
Code,
ais
marriage
valid
where
disinheritance,
hence,
he
is
still
entitled
to
his
there,
and
then
divorced
Eva
in
accordance
(d)
At this
valid,
point
void
inparty
time,
voidable?
Pedro
is
still
Explain.
the
Philippines
City,
where
in
there
1990,
a
they
Filipino
filed
consulate.
aAs
joint
petition
But
Baldo----------------placement.
It208).
is918
only
after
the
lapse
of
the
trial
accordance
with
law,
if
drug
addiction,
sweethearts.
At
a
at
house
of
ashould,
of
the
community
of
property."
used
in
the
requisites
of
Article
52
of
the
Family
Code
record
ofof
the
Register
of
Deeds
and
foreign
law
by
the
forum.
Since
prescription
is Relations,
p.
the
obligation
was
to
guarantee
the
debt
of
a case
third
estopped
from
seeking
annulment
of
their
support,
trust
and
commitment.
It
must
be
Philippine
laws
after
her
marriage
to
Luis
was
They
plan
to
reside
and
set
up
business
the
conjugal
in
nature,
they
can
be
held
liable
for
bank
in
the
amount
of
P200.000.00
and
the
disorders
(clearly
demonstrative
of
utter
own
share
as
an
illegitimate
child,
(Arts.
1440
misrepresentation
or
deceit
as
to
character,
issuance
aquestion
valid
license
does
not
adversely
SUGGESTED
ANSWER:
(Art.
56,
par.
4,
Family
Code).
The
rule
is
e)
Who
are
the
heirs
of
Sonny?
Explain.
acts
or
omissions
of
the
unemancipated
minor
Art
45
of
the
FC.
complied
with
before
he
can
remarry?
What
Art.
Family
Code,
provides
that
the
Million.
Alaw
month
after
their
marriage
Kevin
Code],
or
when
the
marriage
is
annulled
and
P50.000.00.
Victor
leased
the
family
home
in
parties
in
State
B,
it
was
stipulated
that
the
thereto,
they
executed
aentire
marriage
settlement
3,
1988.
Under
the
Family
Code,
no
marriage
who
same
claims
amount
to
by
be
the
an
adulterous
couple.
Of
the
child
of
Carlos
a)
To
bear
the
surnames
of
the
father
and
nieces,
she
gets
the
estate.
Qualifications
of
Adopter
(2003)
disqualified
to
marry
each
other)
had
a
marriage
in
is
void,
unless
either
or
Jan.
4,40,
1995)
.a
Hence,
ifknew
the
condition
of
homosexuality,
qualification
to
adopt
which
cannot
be
taken
executing
on
behalf
of
marriage
Joey,
praying
settlement.
that
the
In
1975,
latter
Bob
be
celebrated
is
valid
in
the
Philippines
except
The
legitime.
absence
Jorge,
parental
however,
consent
cannot
despite
receive
their
lawful
with
the
husband
of
that
of
Maris
country,
because
Later,
their
he
valid
for
as
the
planned
adoption
the
of
Vicky,
wedding
a
7-year
ceremony
old
daughter
was
450,000
custody
that
the
decree
of
adoption
can
be
habitual
alcoholism,
lesbianism
or
Family
Code,
presumptive
legitime
is
mutual
friend.
Lea
met
Jake,
also
18
years
old,
(Article
53,
Family
Code).
As
legitimate
consequently,
be
protected.
Alberto
cannot
a
matter
of
procedural
law
even
in
Philippine
party,
as
in
the
problem,
the
obligation
is
presumed
marriage
since
he
even
before
their
characterized
by
Juridical
antecedence,
gravity
annulled
by
the
church
matrimonial
court?
Philippines.
But
they
have
been
informed,
debts
and
obligations
contracted
during
the
house
and
lot
valued
at
P500,000.00
shall
be
sensitivity
or
inability
to
give
meaning
and
(b)
Absence
of
marriage
license
did
not
make
and
1453.
Civil
Code;
Art.
176,
F.have
C.)
1)
No,
Maria
cannot
validly
contract
a
(4)and
aSuggested
private
handwritten
document
signed
Suppose
that
children
were
born
from
the
health,
rank,
fortune
or
chastity
shall
affect
the
validity
of
the
marriage.
The
205
SCRA
356)
anchored
on
a
well-established
principle
that
unless
Barrier
between
they
illegitimate
exercised
&
legitimate
the
proper
relatives
(1993)
diligence
(2%)
answer:
advice
would
you
give
H?
"absolute
nullity
of
a
previous
marriage
may
be
died
in
a
freak
helicopter
accident.
He
left
no
the
donee
acted
in
bad
faith
[par.
(3),
Id.].
Manila
to
a
foreigner.
Victor
and
his
family
contract
could
be
terminated
at
the
company's
whereby
they
agreed
on
the
regime
of
Parental
Authority;
Rescission
of
Adoption
(1994)
license
is
required
if
the
parties
been
intervenes
in
the
proceedings
for
the
P500.000.00
used
by
the
common-law
spouses
the
mother
in
conformity
with
the
lesbianism
or
sexual
perversion,
existing
at
the
Lina,
a
former
Filipina
who
became
an
romantic
affair,
G
was
seven
months
in
the
both
of
the
contracting
parties
believed
in
away
by
Family
Code.
(Republic
v.
Miller
declared
an
acknowledged
illegitimate
son
of
inherited
from
his
father
a
residential
lot
upon
those
marriages
enumerated
in
said
Article
having
anything
married
from
at
the
the
free
age
of
portion.
18
is
deemed
He
cannot
returned
to
the
Philippines
with
his
new
wife.
marriage
has
not
been
dissolved
by
any
valid
of
officiated
sister.
by
the
The
captain
government,
of
the
through
Norwegianthe
Wilma--------------issued.
homosexuality
should
occur
only
during
the
who
showed
interest
in
her.
Lea
seemed
to
understood
asthe
the
equivalent
of
the
legitimate
children,
they
have
the
following
rights;
recover
the
land
from
Rafael
but
would
have
for
the
benefit
of
the
third
party,
not
the
family.
jurisprudence,
(Codaltn
v.
POEA/
JVLRC/Broum
that
she
was
afflicted
with
HIV
virus.
Disinheritance
vs.
Preterition
(1993)
and
incurability
and
its
root
causes
must
be ALTERNATIVE
Explain.
2)
What
must
Maria
do
to
enable
her
however,
that
the
marriage
of
first
cousins
ANSWER:
marriage
to
extent
that
the
family
was
divided
equally
between
Luis
and
Rizza.
2)
Sonny's
heirs
include
James,
John,
and
Lulu.
significance
to
the
marriage.
Marina's
refusal
the
marriage
void
ab
initio.
Since
the
subsequent
marriage
without
abe
court
byEva's
the
lather
(Article
17S
in
relation
to
union
of
H
and
W,
what
would
the
status
of
constitute
fraud
as
legal
ground
for
an
action
marriage
license
is
valid
because
it
was
in
fact
one
must
come
to
court
with
clean
hands.
required
under
the
circumstances
(Article
219,
A
is
the
acknowledged
natural
child
of
B
who
invoked
for
purposes
of
remarriage
on
the
will,
no
debts,
no
obligations.
Surviving
Kevin,
Since
the
problem
states
that
the
marriage
SUGGESTED
ANSWER:
transferred
to
another
house
of
his
in
Pasig.
which
stipulation
is
allowed
in
State
B.
b)
conjugal
The
parcel
partnership
of
land
of
is
gains.
absolute
The
community
marriage
Back
in
Manila,
Anne
discovered
that
Boni
had
In
1975,
Carol
begot
a
daughter
Bing,
out
of
cohabiting
for
the
period
of
five
years
and
there
settlement
to
purchase
of
the
the
property,
estate
of
P200.000.00
Abraham
in
had
provisions
of
the
Civil
Code
on
Surnames;
inception
of
the
marriage,
is
of
such
a
degree
as
to
American
citizen
shortly
after
her
marriage
to
family
way
as
of
the
graduation
of
B.
Right
good
faith
that
the
consul
general
had
G.R.
No.
125932,
April
21,
1999,
citing
which,
Steve
and
in
1981,
that
Joey
he
constructed
be
given
his
a
two-room
share
in
which
marriages
will
remain
void
even
though
cured
claim
preterition
by
their
continued
as
he
is
cohabitation
not
a
compulsory
beyond
heir
cause
Eva
now
(Art.
wants
26.
Family
toher
know
Code)
what
action
or
actions
Office
registered
of
the
vessel
Solicitor
in
anot
General,
private
suite
opposed
among
the
250,000
marriage,
they:
a)worth
Will
constitute
asthat
ground
children's
legitimes
assuming
that
the
spouses
entertain
Jake
because
she
danced
with
him
Hence,
for
the
obligation
under
the
surety
the
right
of
recourse
against
his
wife
and
Root
International,
238
SCRA
721
[1994]),
The
motion
has
to
be
granted.
The
new
law
Can
the
action
of
Joseph
for
annulment
of
his
clinically
identified
or
examined.
(Santos
v.
CA,
Maria,
to
spite
her
husband
Jorge,
whom
she
to
ALTERNATIVE
get
married
ANSWER:
lawfully
to
another
man
under
here
is
considered
void
from
the
beginning
by
benefited
or
where
the
debts
were
contracted
However,
the
car
P100.000,00
donated
Article
887
of
the
Civil
Code
provides
the
come
home
to
husband
unless
he
agreed
marriage
was
solemnized
in
articulo
mortis,
itof
declaration
of
nullity
of
the
first
marriage.
The
Article
172
of
the
Family
Code).
said
children?
Explain
your
answer.
for
the
annulment
of
marriage
(Article
46
FC).
(3)
If
you
were
the
judge,
how
will
you
issued
by
ahaving
Civil
Registrar
(Arts.
3
and
4.
FC).
No,
Joseph
knew
that
Yvette
was
HIV
positive
FC).
In
the
problem,
the
TEACHER
and
the
basis
solely
of
a
final
judgment
declaring
such
died
aside
when
from
A
Karla,
was
already
are
his
only
22
years
relatives:
old.
When
his
was
annulled
and
there
is
no
intimation
of
bad
b)
To
receive
support
from
their
Can
the
two
family
homes
be
the
subject
of
When
Eric
was
summarily
dismissed
by
Able,
settlement
was
registered
in
the
Register
property
been
acquired
during
the
been
married
in
Bacolod
City
5of
years
earlier
wedlock.
When
Bing
was
ten
years
old,
Carol
is
no
legal
impediment.
There
must
no
legal
prevent
any
form
of
sexual
intimacy,
any
of
them
may
representation
of
Carlos.
Danilo
was
legally
come
from
the
sale
of
palay
harvested
from
a)
Is
the
government's
opposition
tenable?
Marriage;
Divorce
Decrees;
Filiation
of
Children
(2005)
an
American
husband,
would
like
to
adopt
in
Republic
after
graduation
v.
Court
B
of
went
Appeals,
home
to
Cebu
City.
authority
to
solemnize
their
marriage
in
which
1,000,000
B.
In
the
case
of
Santos
v.
Court
Appeals,
240
(Art.
Steve's
36,
Family
estate,
Code);
which
b)
is
Will
now
constitute
being
as
solely
grounds
held
bungalow
with
savings
from
his
own
earnings.
valid
where
solemnized.
The
marriage
between
the
in
the
age
direct
of
21.
line.
At
this
There
point,
being
their
no
marriage
preterition,
is
she
can
file
against
Ben.
She
also
wants
to
petition
selected
friends.
on
the
ground
that
the
petitioners,
Elvira----------------agreement
to
be
chargeable
against
the
partnership
for
declaration
of
nullity
many
times.
In
a
fit
of
jealousy,
Julio
shot
Jake
had
died
immediately
after
the
dissolution
of
the
US
Court
will
apply
either
HI
or
Federal
It
Kevin
depends.
and
Karla?
If
both
Explain.
or
one
2)
of
Determine
the
parties
the
was
a
shall
govern
their
qualification
to
adopt
and
marriage
with
Yvette
prosper?
Discuss
fully.
240
SCRA
20
[1995])
.
suspected
was
having
an
affair
with
another
ALTERNATIVE
ANSWER:
Philippine
laws?
reason
of
public
policy.
They
are
in
a
dilemma.
by
both
spouses,
or
by
one
of
them,
with
the
to
Rizza
by
her
parents
shall
be
considered
to
(c)
If
the
subsequent
marriage
of
H
to
SIn
compulsory
heirs
of
the
deceased
are
among
not
to
work
overseas,
far
from
being
indicative
was
exempt
from
the
license
requirement
law
does
not
recognize
the
church
declaration
decide
the
case?
(5%)
Marriage;
Requisites;
Void
Marriage
(1993)
at
the
time
of
the
marriage.
He
is,
therefore,
SCHOOL
AUTHORITIES
are
liable
for
the
B's
full
blood
brother,
C,
died
he
(C)
was
previous
marriage
void."
It
can
be
said,
SUGGESTED
brother
Luis
ANSWER:
and
first
cousin
Lilia.
1)
What
Property
Relations;
Unions
without
Marriage
(2000)
faith
on
the
part
of
the
donee
Digna,
the
Presumptive
legitime
is
required
to
be
execution
parents,
on
their
a
judgment
ascendants,
against
and
Victor's
in
proper
wife
he
sued
Able
for
damages
in
the
Philippines.
marriage
Deeds
of
Manila,
and
through
where
Mila
Paulita's
is
a
resident.
industry
qualify
but
divorced
as
ahome
ground
in
for
Oslo
psychological
only
last
incapacity.
year.
His
The
first
gave
her
consent
for
Bing's
legal
adoption
by
impediment
ONLY
AT
THE
TIME
OF
THE
adopted
hacienda
on
owned
17
March
by
Luis
1970
and
by
P300,000.00
Carlos
with
from
the
Explain.
the
Philippines,
(2%)
with
her
husband,
one
Unknown
to
G,
B
had
a
commitment
to
C
(his
In
case
1985,
the
Sonny
marriage
and
is
Lulu,
valid.
both
Filipino
SCRA
20
(1995)
,jointly
the
Supreme
Court
held
that
(Ayala
Investment
v.
Ching,
286
SCRA
for
legal
separation
(Art.
56,
FC)
and
c)
will
not
At
by
that
Tintin.
time,
Tintin
the
put
lot
up
was
the
worth
defense
P800.000.00
that
an
first
cousins
is
one
of
those
marriages
valid
the
institution
(See
Art.
45,
of
the
Family
sister
Code).
was
valid
and
the
A
c)
Yes,
family
the
donation
can
is
be
a
revoked.
dwelling
The
ground
place
used
of
in
a
dissolving
person
know
if
she
can
likewise
marry
again.
What
being
both
foreigners,
are
disqualified
to
adopt
250,000
it
must
be
proven
that
the
family
was
benefited
and
the
community
of
property.
with
his
father's
38
caliber
revolver
which,
law
in
determining
the
applicable
prescriptive
member
value
of
the
of
estate
the
of
religious
Kevin,
3)
Who
sect
are
of
the
under
the
new
law,
the
German
couple
is
(iv)
SUGGESTED
The
wife
ANSWER:
may
file
an
action
for
legal
separation.
woman,
executed
a
will,
unknown
to
him,
They
dont
want
to
break
Philippine
law,
much
Paternity
&
Filiation;
Artificial
Insemination;
SUGGESTED
ANSWER:
consent
of
the
other.
her
own
paraphernal
property,
having
been
was
contracted
before
compliance
with
the
others,
his
widow
and
his
illegitimate
children.
of
an
insensitivity
to
the
meaning
of
marriage,
under
Art.
31
of
the
FC.
nullity
of
a
marriage.
Considering
that
Art.
26(2nd
par.)
1.
Under
the
Family
Code,
how
may
an
SUGGESTED
ANSWER:
not
an
injured
party.
The
FC
gives
the
right
to
A
and
B,
both
years
old,
were
sweethearts
blindness
of
the
victim,
because
the
student
therefore,
that
the
marriage
of
James
survived
property
by
Relations
his
widow
governed
and
four
the
children
marriage
of
his
Disinheritance;
Ineffective
(1999)
For
five
years
since
1989,
Tony,
abe
bank
Viceconclusion
is
that
the
donor
cannot
revoke
delivered
to
the
common
children
of
the
cases,
their
brothers
and
sisters,
in (2)
for
non-payment
of
the
in
1992
ofeven
Will
the
Philippine
court
apply
the
contractual
law
ALTERNATIVE
provides
that
ANSWER:
the
husband
and
wife
are
obliged
to
1992,
they
jointly
acquired
awas
residential
house
despite
the
registration
being
only
in
the
name
wife
was
also
aIt
Filipina
but
now
based
in
Norma
and
Manuel,
which
was
granted
by
the
SOLEMNIZATION
the
marriage
was
the
psychological
OF
THE
immaturity
MARRIAGE
of
George,
,to
and
which
not
is
consent
of
the
"18
latter's
wife.
the
rentals
of
a
building
belonging
to
Rizza.
InIf
272)
of
her
minor
brothers.
Assuming
that
all
the
childhood
sweetheart)
to
marry
her
after
citizens,
were
married
in
the
Philippines.
Inof
being
of
unsound
mind,
drug
addiction,
habitual
constitute
as
grounds
to
render
the
marriage
voidable
What
is
the
status
of
the
marriage
action
for
recognition
shall
only
filed
during
while
the
house,
when
finished
cost
enumerated
therein,
hence,
it
is
void
only
right
of
Jorge
is
to
claim
his
legitime.
and
his
family.
confers
upon
a
family
the
advice
can
you
give
{5%)
Vicky.
Ernie----------------that
the
benefit
was
apurchase
direct
result
of
such
before
If
Iof
were
going
the
judge,
to
the
party
Iher?
will
dismiss
he
able
the
action
tovalid.
get
on
period
and
not
Philippine
law.
The
Restatement
solemnizing
Kevin's
heirs?
officer,
4)
How
the
much
marriage
is
each
is
of
disqualified
from
adopting.
They
cannot
claim
a)
Using
the
"SIGNIFICANT
RELATIONSHIPS
The
two
(2)
so-called
family
homes
can
be
the
The
husbands
sexual
infidelity
is
a
ground
for
bequeathing
all
the
properties
she
inherited
(c)
On
the
assumption
that
the
assistant
pilot
Formalities(2006)
2)
To
enable
Maria
to
get
married
lawfully
to
less
their
marriage
vow.
They
seek
your
acquired
by
lucrative
title
(par.
2,
Art.
148,
statutory
condition
for
its
validity,
what
are
The
widow
referred
to
in
Article
887
is
the
or
a
personality
disorder,
actually
shows
aof
government's
position
is
untenable.
The
disinheritance
of
Wilma
was
effective
because
disrespect
of,
contemplates
a
divorce
between
a
foreigner
illegitimate
filiation
be
proved?
Explain.
annul
the
marriage
only
to
an
injured
party.
not
a
ground
for
annulment
of
marriage.
If
this
term
is
equated
with
studying
who
cause
in
it
Manila.
was
under
On
August
their
special
3,
1988,
parental
while
other
brother
D.
Claiming
that
he
is
entitled
to
Shirley
is
void
since
his
previous
marriage
to
Mr.
Palma,
widower,
has
three
daughters
D,
Dpresident,
and
Susan,
an
entertainer,
lived
donation.
Property
Relations;
Unions
without
Marriage
(1992)
spouses
when
the
marriage
is
annulled
or
live
By
reason
together,
of
observe
Art.
15
mutual
in
relation
love,
respect
to
Article
and
fidelity
38
of
household
conformity
appliances?
with
the
provisions
of
this
Code
stipulation?
of
and
Paulita.
lot,
as
The
well
land
as
being
a
condominium
community
property,
unit
in
Sweden.
Boni
himself
is
a
resident
of
Norway
court
in
1990.
In
1991,
Carol
learned
that
the
whole
five
years
period.
This
is
clearly
the
fine,
the
sum
of
P500.000.00
had
been
part
required
consents
have
been
obtained,
could
getting
his
college
degree.
Two
weeks
after
B
1987,
they
separated,
and
Sonny
went
to
alcoholism,
lesbianism
or
homosexuality
may
be
(Art.45and
46,
FC)
between
Ric
and
Juliet
valid,
voidable
or
P600,000.00.
the
lifetime
of
In
the
1989
presumed
Bob
died,
parents
survived
and
that
only
though
valid
in
Spain
where
it
was
celebrated.
right
to
enjoy
such
property,
which
must
agreement,
50,000
the
ground
of
mutual
guilt
of
the
parties.
The
from
the
unlocked
drawer
inside
his
father's
of
American
law
affirms
this
principle.
none
Kevin's
of
heirs
the
parties
entitled
is
to
acontacts
member
of
the
sect
and
THEORY",
that
they
have
there
already
are
acquired
significant
aShe
vested
right
to
the
subject
of
execution.
Neither
of
the
abodes
are
legal
separation
9Article
55,
FC).
may
also
from
her
parents,
to
her
sister
Miguela.
Upon
ALTERNATIVE
ANSWER:
and
raising
of
voice
to,
her
father
constitute
maltreatment
under
was
acting
for
and
in
behalf
of
airplane
another
man.
she
must
obtain
athe
judicial
advice
on
whether
their
civil
status
will
bea
Ed
and
Beth
have
been
married
for
20
years
without
children.
Civil
Code).
psychological
incapacity
as
used
in
Art.
36
of
the
Family
Code,
the
rights
of
the
children
of
the
first
marriage
legal
wife
of
the
deceased.
Lulu
is
still
sensitive
awareness
on
her
part
of
the
marital
Under
paragraph
3,
Article
184
of
the
Family
2.
As
lawyer
for
Danilo,
do
you
have
to
prove
and
a
Filipino,
who
had
such
respective
SUGGESTED
ANSWER:
[Art.
c)
47
(5),
To
FC]
be
entitled
to
the
legitime
and
in
first
year
college,
they
eloped.
They
stayed
authority
and
they
were
negligent.
They
were
Ophelia,
although
itself
void,
had
not
yet
been
inherit
from
his
father's
brother
C.
A
brought
l
and
D-2.
He
executes
a
Will
disinheriting
D
together
as
husband
and
wife
without
the
(Art.
68,
Family
Code).
The
mandate
is
actually
the
declared
void
ab
initio
and
possibly,
when
the
In
1989,
Rico,
then
a
widower
forty
(40)
years
the
on
Civil
Support;
Code,
and
which
applies
to
Filipinos
Makati.
In
1995,
they
decided
to
change
their
SUGGESTED
its
sale
to
ANSWER:
Rafael
The
without
marriage
the
between
consent
Juliet
of
where
he
and
Anne
plan
to
live
permanently.
Norma
and
Manuel
were
engaged
in
a
callintent
of
the
code
framers
(
see
Minutes
of
the
the
fruits
received
during
the
period
of
contemplated
joint
adoption
in
thea
marriage
in
Cebu
City,
G
gave
birth
to
aathe
son
E
Canada,
where
he
obtained
aright
divorce
in
indicia
SUGGESTED
of
ANSWER:
psychological
incapacity,
depending
the
exceptions
under
Article
285
of
the
Civil
void?
(2.5%)
by
his
wife,
Issa
and
his
mother,
Sofia.
remain
with
the
person
constituting
itaentitled
as
inherit?
Article
919(6)
of
the
New
Civil
Code.
She
is,
therefore,
not
to
bedroom.
Philippine
Jake
Constitution
died
as
a
protects
result
of
marriage
the
lone
as
an
A.
No.
The
contention
of
James
is
not
correct.
then
itdeath,
is
a
ground
for
declaration
of
nullity
of
the
marriage.
both
of
them
were
aware
of
fact,
the
because
adoption
is
not
a
but
mere
Philippines.
Among
these
are
that
the
place
of
considered
family
homes
because
purposes
file
an
action
for
judicial
separation
of
property
for
The
her
action
the
for
annulment
will
was
presented
can
prosper
for
probate.
because
chief
who
was
under
disability,
and
by
reason
declaration
of
nullity
of
the
prior
marriage
Desirous
adversely
to
have
affected
a
baby,
they
by
consulted
Philippine
Dr.
Jun
domestic
Canlas,
,
law?
Yes,
Lina
and
her
American
husband
can
jointly
adopt
a
minor
(i.e.,
of
H
and
W)
and
of
the
children
of
the
compulsory
heir
of
Sonny
because
the
divorce
duty
to
live
together
as
husband
and
wife.
Code,
an
alien,
as
a
general
rule
cannot
adopt.
Danilo's
illegitimate
filiation?
Explain.
nationalities
at
the
time
of
their
marriage,
the
a)
Does
Joey
have
a
cause
of
action
Adoption;
Use
of
Surname
of
her
Natural
Mother
(2006)
Anne
retains
your
services
to
advise
her
on
other
successional
rights
granted
to
them
in
negligent
the
house
because
of
a
they
mutual
were
friend
chatting
inof
town
in
the
X,
suit
to
obtain
his
share
in
the
estate
C.
Will
judicially
declared
void,
because
she
married
aten
man
he
did
not
like,
spontaneous,
My
advise
is
as
follows:
mutual
The
affection
civil
status
between
of'
PH
and
the
LV
spouses.
willof
not
be
In
1.
State
whether
Sofia
can
rightfully
claim
that
benefit
of
marriage
although
they
were
conjugal
partnership
or
absolute
community
is
wherever
of
age,
cohabited
they
are,
with
the
marriage
Cora,
a
is
widow
void.
thirty
Alberto
property
is
relations
void.
However,
to
the
regime
since
of
the
complete
land
is
and
Ric
is
void.
First
of
all,
the
marriage
is
athe
girl-ring
that
catered
to
tourists.
Some
of
the
150th
joint
Civil
Code
of
the
Family
Law
cohabitation
from
their
separate
property,
a
inherit
anything.
Her
inheritance
will
go
to
the
other
legal
heirs.
The
Philippine
prosper?
Explain.
in
Metro
Manila.
After
years
of
married
same
year.
He
then
married
another
Filipina,
SUGGESTED
ANSWER:
on
the
degree
of
severity
of
the
disorder.
[Note:
If
the
examinee
based
his
answer
on
Consequently,
par.
(1)
ofperiod
Art.
86,
FC,
is
the
applicable
law.
Since
Assuming
Code
do
not
that
apply
the
to
him
relative
since
values
the
said
article
both
family
home
and
his
heirs.
It
cannot
be
seized
brother
of
Lina
because
she
and
her
husband
are
both
qualified
to
SUGGESTED
ANSWER:
inviolable
social
institution
(Art.
XV,
Sec.
2,
gunshot
wound
he
sustained.
His
parents
sued
He
cannot
set
up
as
a
defense
his
own
criminal
marriage
is
void.
They
cannot
claim
good
faith
business
privilege.
No
is
one
the
acquires
Philippines,
a
vested
the
right
employee
on
a
of
availing
the
benefits
under
the
Family
Code,
failure
of
her
husband
to
comply
with
his
the
Jorge
prescriptive
opposed
probate
of
of
the
five
will
(5)
years
on
the
has
not
of
the
extraordinary
and
exceptional
SUGGESTED
ANSWER:
prominent
medical
specialist
on
human
fertility.
He
advised
Beth
under
Article
36
Family
Code.
What
is
your
advice?
(5%)
subsequent
marriage
(of
H
and
S)?
3.
Can
Danilo
inherit
from
Abraham
in
obtained
by
Sonny
in
Canada
cannot
be
Mere
refusal
to
rejoin
her
husband
when
he
adversely
affected
by
Philippine
law
because
they
are
nationals
of
However,
an
alien
who
is
a
former
Filipino
SUGGESTED
ANSWER:
divorce
in
Europe
will
not
capacitate
the
against
Tintin
for
recognition
and
whether
her
marriage
to
Boni
is
valid
under
by
the
Civil
Code
(Article
174,
Family
where
they
were
able
to
obtain
a
marriage
corridor
during
the
class
period
when
the
his
action
prosper?
the
natural
order
it
sexual
intimacy
which
brings
the
total
omission
of
Elvira
isis
not
preterition
because
she
is
not
athe
and
instituting
daughters
D-1
and
D-2
as
his
the
capacitated
house
and
to
lot
many
are
each
not
conjugal
other.
Since
but
Tony's
May
an
illegitimate
child,
upon
adoption
by
her
dissolved
as
in
the
case
of
legal
(30)
years
age.
While
living
together,
they
Marriage;
Legal
Separation;
Grounds;
Prescriptive
Period
Art.
86
of remained
the
FC
makes
no
qualification
as
to
who
furnished
separation
of
property.
Mila
consented,
she
bigamous
registered
marriage
inB
the
name
not
falling
of
Paulita
under
as
Article
widow,
41
Committees
held
on
August
9,of
1986
).separation.
Also,
in
girls
lived
with
Norma
and
Manuel.
Carol
got
Mere
intention
to
live
apart
does
not
fall
under
1.
Since
the
settlement
was
entered
car
current
worth
law,
P100.000.00.
RA
8552,
being
his
answer
used
by
should
the
be
life
in
Cebu,
a
widower
by
the
adopt.
Lina,
as
aof
former
Filipino
citizen,
can
adopt
her
minor
Auring,
in
Canada
on
January
1,1988.
They
However,
the
concealment
drug
addiction,
has
been
repealed
by
the
Family
Code.
In
any
assets
at
the
same
proportion:
(a)
H,
or
either
spouse
for
that
matter,
can
by
creditors
except
in
special
cases.
(Taneo,
Jr.
Julio's
1987
Constitution).
parents
for
damages
action
arising
for
legal
from
quasiMarriage;
Annulment;
Separation;
Prescription
of
act
or
wrongdoingNo,
the
action
ofLegal
AAn
will
not
prosper.
On
the
in
believing
that
the
solemnizing
officer
was
privilege.
concerned
ismarriage
abecame
Filipino
and
the
suit
was
filed
in
there
can
only
be
one
(1)
family
home
which
is
SUGGESTED
ANSWER:
martial
duty
of
fidelity
(Article
135
(4),
101,
yet
ground
lapsed.
that
[Art.
the
will
45
(6),
was
FC].
by
his
wife
Hong
Kong
and
not
Filipino
citizens.Being
foreigners,
their
status,
circumstances
of
the
case
[ie.
hostage
to
undergo
artificial
insemination.
It executed
was
found
that
Eds
sperm
recognized
in
the
Philippines.
The
legitime
of
representation
of
his
father
Carlos?
Explain.
(d)
It
depends.
If
the
marriage
before
the
compulsory
heir
in
the
direct
line.
She
will
receive
only
her
legitime.
did
not
accept
the
condition
imposed
by
her
citizen
and
who
seeks
to
adopt
aAdoption
relative
by
Filipino
wife
to
remarry.
The
advice
we
can
partition?
ground
or
who
was
Explain.
in
bad
faith
(2%)
in
connection
with
the
nullification
of
Philippine
law?
Is
there
anything
else
she
Code).
spouses
wholeness
and
oneness
(Chi
Ming
Tsoi
license.
stabbing
On
incident
August
occurred.
30,
1988,
The
their
incident
could
heirs
to
his
entire
estate
of
P
1,000,000.00,
exclusive
property
of
her
deceased
son.
[3%]
natural
salary
brother
under
was
father,
Sec.
more
7(b)(i)
use
than
of
the
RA
enough
8552
surname
(Domestic
for
of
their
her
needs,
natural
Act
of
Failure
of
the
parents
to
deliver
the
(1994)
acquired
from
their
combined
earnings
a
considered
correct.
This
question
is
based
on
the
there
was
then
is
nothing
engaged
in
in
the
a
title
lucrative
which
business.
would
raise
The
Manzano
V.
Sanchez,
AM
NO.
MT
00-129,
[Art.
35(4)Family
Code],
A
subsisting
marriage
Bing
Art.
36,
back,
FC.
who
Furthermore,
in
the
first
there
place
is
wanted
no
proof
to
that
into
without
the
consent
and
without
the
common-law
spouses,
was
donated
Just
months
sudden
death
of
C
in
a
plane
crash.
Out
of
the
had
two
sons,
James
and
John.
In
1990,
after
habitual
alcoholism,
lesbianism
or
No,
Joey
does
not
have
a induce
cause
of
action
against
Tintin
for
case,
according
to
Tintin,
Joey's
birth
marry
again
after
complying
with
the
v.
Court
of
Appeals,
G.R.
No.
108532,
March
9,
conditions
and
legal
capacity
in
the
Philippines
are
governed
by
the
(a)
How,
under
the
law
should
the
bank
Actions
separation
(1996)
involves
public
interest
and
no
such
delict.
At
the
time
of
the
incident,
Julio
was
18
(v)
premise
The
wife
that
may
B,
file
C
an
and
action
D
for
are
legal
separation
legitimate
authorized
because
the
scope
of
the
authority
the
Philippines,
thereby
justifying
the
application
defined
as
the
"dwelling
house"
where
the
The
legacy
in
favor
of
Rosa
is
void
under
Article
FC).
SUGGESTED
ANSWER:
without
his
knowledge,
much
less
consent,
and
count
was
inadequate
to
pregnancy
Hence,
the
couple
situation),
the
marriage
was
solemnized
by
an
SUGGESTED
ANSWER:
notary
each
illegitimate
public
is
child
valid
shall
under
consist
Hongkong
of
one-half
Law,
Marriage;
Annulment;
Grounds
(1991)
does
not
furnish
any
basis
for
concluding
that
consanguinity
is
qualified
to
adopt,
(par.
3[a],
1998),
or
under
Art.
184
(3)(1)
of
the
Family
Code.
The
alien
give
her
is
either
to
file
a
petition
for
legal
2.
should
Will
do
your
under
answer
the
circumstances?
be
the
same
if
(5%)
Bob
died
was
solemnized
by
the
town
mayor
of
Xwere
in
his
have
been
prevented
had
the
teacher
been
repealed
provision
of
the
Family
Code
on
Property
Relations;
Marriage
Settlements
(1991)
Upon
Mr,
Palma's
death,
how
should
his
estate
mother
as
the
name?
(2.5%)
Susan
stopped
working
and
merely
"kept
presumptive
legitime
will
make
their
parcel
of
riceland.
SUGGESTED
ANSWER:
March
Rosa
8,
Ariel
2001
were
,middle
married
the
inhis
the
Catholic
Court
Church
said
of
Tarlac,
that,
recognition
and
partition.
Under
Article
175
of
the
Family
Code,
asas
a
spouses
then
signed
a
private
document
constitutes
a
suspicion
a
for
legal
Rafael
impediment
to
make
to
remarriage.
inquiry.
He,
return
her
natural
mother.
1)
Who
has
aB,
the
alleged
psychological
incapacity
existed
at
participation
of
the
parents
(they
did
not
sign
law
of and
Hong
Kong,
the
ago
to
Rizza
by
her
parents.
Luis
and
Rizza
union
of
B
and
C,
two
children,
X
Y
failing
to
hear
from
Sonny,
Lulu
married
Tirso,
homosexuality
is
aSupreme
ground
of
annulment
of
Parental
Authority;
Substitute
vs.
Special
(2004)
certificate
does
not
show
that
Steve
is
his
1999)
provisions
of
Article
52
of
the
Family
Code,
Marriage;
Decrees;
Filipino
Spouses
becoming
Alien
Divorce
Decree;
Void
Marriages
(1992)
deposit
of
P200,000.00
the
house
and
lot
If
Boni
is
still
anow
Filipino
citizen,
legal
capacity
is
governed
by
years
decree
old
should
living
be
with
issued
his
parents.
if
any
legal
Julio's
obstacle
2)
1.
Bert
Under
and
Art.
Baby
172
were
in
married
relation
to
to
each
Art.
other
173
on
brothers,
the
ground
as
an
of
repeated
illegitimate
physical
child
violence
on
A
of
the
solemnizing
officer
is
asexual
matter
of
law.
If,
SUGGESTED
ANSWER:
Yes,
an
illegitimate
child,
Philippine
law.
In
the
American
Airlines
case
husband
and
the
wife
and
their
family
actually
that
it
deprived
him
of
his
legitime.
After
all,
looked
for
a
willing
donor.
Andy
the
brother
of
Ed,
readily
husband
In
the
can
given
problem,
adopt
Eva,
a
naturalized
authorized
officer
under
Art.
7
(3)
and
Art.
31.
SUGGESTED
ANSWER:
Property
of
legitime
Relations;
Absolute
of
a
legitimate
Community
child.
(1994)
(Art.
176,
the
marriage
is
valid
in
the
Philippines.
One
of
the
grounds
for
annulment
of
marriage
is
that
either
party,
she
was
suffering
from
psychological
B.
Art.
The
184,
provisions
Family
of
Art
Code)
148
of
the
Family
Code,
shall
govern:
Art.
separation,
on
the
ground
of
infidelity
Qualifications
Adoption.]
of
Adopter
(2000)
general
rule,
an
action
for
compulsory
After
Rico
and
Cora
separated,
Rico
lived
Parental
before
Authority;
August
3,
Child
1988?
under
[2%]
7
years
of
age
(2006)
office.
inside
Thereafter,
the
classroom
they
at
returned
that
time.
to
Manila
The
guilty
and
be
divided?
Explain.
(5%)
house".
During
that
period,
Tony
was
able
to
subsequent
marriage
null
and
void
under
Tarlac
on
January
5.
1988.
In
1990,
Ariel
went
to
one
of
the
requisites
for
the
exception
to
apply,
therefore,
dissolving
is
their
an
innocent
conjugal
purchaser
partnership
for
value
and
Secondly,
Juliet
is
below
eighteen
years
of
age.
better
time
right
of
the
to
the
marriage.
custody
of
Bing,
Carol
or
the
document),
the
marriage
settlement
is
now
decide
to
terminate
their
cohabitation,
born.
Unknown
to
C
while
on
weekend
trips
to
by
whom
she
had
a
daughter,
Verna.
In
1991,
Philippine
Law
(Art.
15
Civil
Code).
Under
marriage.
father.
namely,
there
must
be
a
partition
and
(1996)
valued
at
P500.000.00
and
the
car
worth
thereto
appears
on
record.
This
is
in
line
with
parents
on
andArt.
December
moved
175
23,
of
to
1988.
dismiss
the
Six
FC,
the
months
complaint
the
filiation
later,
she
of
her
cannot
person
inherit
(Article
in
intestacy
55
(1),
FC).
from
She
C
may
who
also
is
a is
however,
one
of
the
parties
believed
in
good
upon
adoption
by
her
natural
father,
can
use
the
Court
held
that
when
what
is
involved
"reside"
and
the
land
on
which
it
is
situated.
consented
he
had
given
to
donate
her
his
no
cause
for
disinheritance,
148.
In
cases
of
cohabitation
not
falling
under
American
citizen
would
like
to
adopt
Vicky,
a
of
the
FC.
SUGGESTED
ANSWER:
Otherwise,
Family
Code)
the
marriage
that
in
at the
ofwith
their
marriage
was
afflicted
with
ais atinvalid
incapacity
toAside
discharge
the
essential
marital
v.
CA,
G.R.
No.
119190,
January
and
of
contracting
aland
bigamous
marriage
together
Mabel,
aaimpediment
maiden
sixteen
(16)
continued
to
live
separately
in
their
respective
boys
PARENTS
are
subsidiarily
liable
under
buy
atime
lot
and
house
in
plush
subdivision.
Article
53
of
the
Family
Code.
there
must
be
no
legal
the
time
agreeing
on
abe
complete
separation
of
property.
The
from
marriage
whom
is
the
void
even
may
ifmember
consented
no
longer
to
by
be
Norma?
2)
from
physical
invalid
applying
Art.
78,
F.C.
which
provides
and
they
ask
you
to
give
them
your
legal
advice
Manila
during
last
5ataking
years
of
their
Sonny
visited
the
Philippines
where
he
distribution,
of
the
properties
of
the
spouses,
P100.000.00
allocated
to
them?
against
the
policy
them
that
claiming
in
case
of
that
doubt,
since
Julio
was
discovered
illegitimate
that
children
he
was
may
be
established
file
legitimate
an
action
brother
for
judicial
of
B.
Only
the
wife
of
C
in
faith
that
the
other
was
a
of
the
sect,
the
surname
of
her
PARAMOUNT
STATE
INTEREST
such
as
the
(Arts.
152
and
161,
Family
Code)
added
Jorge
in
his
opposition.
7-year
old
daughter
of
her
Page
23
30
41
of
119
16,1997).
Hongkong
will
be
invalid
in
theCourt
Philippines.
obligations.
abroad,
or
to
file
a petition
to dissolve
the
years
age.
While
living
boarding
219
houses,
of
the
concealing
Code.
from
their
However,
after
five
years,
Tony
and
Susan
of
the of
marriage.
The
Supreme
did not say Article
recovered.
her
parents
custody
of
Bing,
what
legal
can
Carol
that
athe
minor
on
the
following:
marriage,
B
invariably
visited
G and
lived
at
succumbed
to
heart
attack..
and
the
delivery
ofFamily
the
already
of
majority
age,
theyactions
were
no
longer
her
own
right
and
the
then
marriage
is
valid
conjugal
partnership
or
absolute
community
of
parents,
who
were
living
in
the
province
what
decided
to
separate.
that the legal impediment must exist all
take
to
protect
Bing?
her
residence
and
as
a
result
of
which,
they
liable
for as
histhe
acts.
1) maybe.
Should the motion to
property
case
they
had
done.
In
1992,
after
graduation
throughout the five-year period.
renewed
their
relationship.
baby is
girl
F was
dismiss be
granted?
Why? 2)AWhat
the
born
to B
G two
yearsto Jake's parents?
liability
ofand
Julio's
parents
Explain your answer.
SUCCESSION
FAMILY CODE
ADOPTION

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CIVIL LAW Answers to the BAR as Arranged by Topics (Year 1990-2006)

From the ANSWERS TO BAR EXAMINATION QUESTIONS

cannot have the force of official precedents. It is as if the Court

3) A decision of a division of the Supreme

Effect of Obiter & Dissenting Opinion; SC Decisions (1994)