PERSONS
INSTRUCTIONS:
I
Mocha and Salvador are spouses. They have 3 children. Salvador who is
an incurable womanizer has three illegitimate children with Harriet and
2 illegitimate children with Imee.
Mocha filed a petition for legal separation on the ground that Salvador on
two occasions, inflicted physical injuries on his two children with Imee.
If you were the judge, will you grant the petition?
I would deny the petition for legal separation.
Article 55 of the Family Code of the Philippines provides for the
grounds for legal separation. Among them is the repeated physical
violence against the petitioner, their common child, or the child of
the petitioner.
Here, Mocha is the petitioner. The repeated physical violence was
committed against his illegitimate child with Imee. The violence
was not committed against Mocha and Salvador’s common child,
nor Mocha’s child.
Thus, denial for the petition is warranted.
II
TRUE OR FALSE. Support your answers with reasons. A MERE TRUE
OR FALSE ANSWER WITHOUT EXPLANATION WILL NOT EARN YOU
ANY POINTS.
1. A person who is suffering from civil interdiction is not qualified to
execute a marriage settlement. Explain your answer.
False – a person suffering from civil interdiction is qualified to
execute a marriage settlement provided that the guardian shall be made
parties to the execution of the marriage settlement.
2.
All children who were born out of void marriages are illegitimate.
False. Children from the following void marriage are legitimate:
1.
Article 43 - children born or conceived from marriages terminated
by reason of the recording of the reappearance of the spouse
declared presumptively dead;
2.
Articles 54 - children born or conceived from marriage celebrated
in violation of the recording requirement set forth under article 52.
3.
Article 54- children born or conceived from marriages declared
void under article 36
3.
To be a ground for annulment, the concealment must be of a sexually
transmissible disease which is of serious and incurable nature
FALSE – sexually transmissible disease of serious and incurable nature is
a ground for annulment of marriage notwithstanding the prior knowledge
of the petitioner spouse under Art 45(6)
4.
The obligation of the parents to give support particularly in the
education of the children ends when the children reach the age of
majority.
FALSE- support may be given for schooling or training for some
profession, trade or vocation even beyond the age of majority under Art
194
5.
All marriages wherein the solemnizing officer had no authority to
solemnize marriages or who had expired licenses to solemnize a marriage
are void.
False – marriages solemnized by an officer with an expired license is
generally void, unless the parties believe in good faith that the
solemnizing officer had authority to do so.
III
Fedna, a Filipina, married Hiroshi, a Japanese, in the Philippines. After
three (3) years, they had a falling out and thus, separated. Soon after,
Fedna initiated a divorce petition in Japan which was not opposed by
Hiroshi because under Japanese law, a grant of divorce will capacitate
him to remarry. Fedna's divorce petition was then granted by the
Japanese court with finality.
May the legal effects of the divorce decree be recognized in the
Philippines, and consequently, capacitate Fedna to remarry here?
Explain fully.
Yes the Filipino wife can avail of Article 26 - after an appropriate
petition for the recognition of the foreign divorce has been granted
in the Philippine Court. In case of marriage where a valid divorce is
obtained abroad which capacitates an alien spouse to remarry, the
Filipino spouse shall also be capacitated to re marry under the
Philippine law. However, a mere grant of divorce by a foreign
tribunal does not automatically give effect to the divorce until it is
recognized before Philippine Court.
IV
a)
What are the legal consequences of the reappearance of the
spousewho was declared presumptively dead by the Court in a
Petition for declaration of presumptive death of spouse? Explain fully.
The subsequent marriage will be automatically terminated by the
recording of the affidavit of re appearance of the absent spouse
unless there is a judgement annulling previous marriage
declaring void ab initio.
b)
What are the steps/ procedure to be followed after the previous
marriage was declared null and void, so that the spouses can remarry
and the subsequent marriage will not be considered null and void?
Explain fully.
Art. 52. The judgment of annulment or of absolute nullity of the
marriage, the partition and distribution of the properties of the spouses
and the delivery of the children's presumptive legitimes shall be recorded
in the appropriate civil registry and registries of property; otherwise, the
same shall not affect third persons.
c)
Can illegitimate children use the surname of the father? Explain
fully.
GR: art 368 of civil code; Revilla law; grande v antonio
Illegitimate children born on or after August 3, 1988 shall use the
surname of the mother. However, if the fart ather of an
illegitimate child who wishes to have his name indicated in item
13 of the Certificate of Live Birth shall execute an affidavit of
Admission
of
Paternity
in
lieu
of
the
affidavit
of
acknowledgement. The purpose of affidavit of admission of
paternity is for the support and succession only, and it does not
entitle the illegitimate child to use the surname of his father.
d)
What are the most important principles in the case of Tan-Andal
versus Andal.
The Court pronounced that psychological incapacity is not a medical but
a legal concept. It refers to the personal condition that prevents a spouse
to comply with marital obligations only in relation to a specific partner
that may exist at the time of marriage but may have revealed through
behavior subsequent to the ceremonies. It need not to be a mental or
personal disorder. It need not to be a permanent or incurable condition.
Therefore, the testimony of psychologist or psychiatrist is not mandatory
in all cases. The totality of evidence must show clear and convincing
evidence to cause the declaration of nullity of marriage
V
State whether the following marital unions are valid, void, or voidable,
and give the corresponding justifications for your answer:
(a)
Ador and Becky's marriage wherein Ador was afflicted
with
AIDS prior to the marriage. –
VOIDABLE article 45(6) -serious and incurable disease
(b)
Carlos' marriage to Dina which took place after Dina had
poisoned her previous husband Edu in order to free herself
from any impediment in order to live with Carlos.
VOID – Article 38 (9) between parties where one, with the
intention to marry the other, killed that other persons
spouse, or his or her own spouse
(c)
David who married Lina immediately the day after
obtaining a judicial decree annulling his prior marriage to
Elisa.
VOIDArt. 52. The judgment of annulment or of absolute nullity of the marriage, the partition
and distribution of the properties of the spouses and the delivery of the children’s
presumptive legitimes shall be recorded in the appropriate civil registry and registries of
property; otherwise, the same shall not affect third persons. (n)
Art. 53. Either of the former spouses may marry again after compliance with the
requirements of the immediately preceding Article; otherwise, the subsequent marriage
shall be null and void
(d)
Bongbong’s marriage to Liza her sister-in-law.
VALID, not among those prohibited under Art. 38
(e)
Mocha and Panelo, both Filipinos but working in Siberia
got married without a marriage license. In Siberia, a
marriage may be validly celebrated even without a marriage
license because a marriage license is not an indispensable
requirement.
Valid. Filipino citizens whose marriage solemnized abroad in
accordance with the law in force in that country shall be valid in the
Philippines. ARTICLE 26
VI
EXPLAIN THE
EXAMPLE.
PROCESS
OF
LEGITIMATION
BY
GIVING
AN
VII
a) WHEN DO LAWS TAKE EFFECT?
Article 2 of the New Civil code
Laws shall take effect after 15 days following the completion of
their publication either in Official Gazzette or in a newspaper of
general circulation in the Philippines, unless it is otherwise
provided.
b)
Congress passed RA 123456 on September 1, 2020. The law
penalizes an adult who brings a child below 7 years old outside the
house during the existence of the COVID-19 pandemic. The law
states that it shall take effect immediately. If on September 1,
2020, Samuelle brought her 5 year-old sister to the church, will
Samuelle be penalized under the said law? Explain.
Yes, Samuelle will be penalized under the said law. Under the Civil
Law, the phrase unless otherwise provided refers to the different effectivity date
other than the 15 days following the completion of law’s publication in official
Gazette. Here, it has been stated that it shall take effect immediately.
Therefore, Samuelle will be penalized under the said law.
No. Art. 2
VII
A and B were married on September 15, 2010. They were both 17
when they got married. (VOID for lack of essential requisite)
When A was 10 years old, her mother died, leaving A, the sole
surviving heir with a condominium unit in Davao City. When B was
16 years old his auntie donated to him a 1- hectare rice field in Digos
City.
On December 1, 2015, A and B won P10 million in a lottery. Out of
their joint effort, they acquired a mango farm in Matanao, Davao del
Sur.
A.
What is the property regime that will govern the property
relations of A and B? Explain fully.
The marriage was celebrated after August 3, 1988. If they have a
valid marriage settlement, property regime that will govern the property
relations of A and B will be Conjugal property of Gains. However, in the
absence of marriage settlement, it will be Absolute Community of Property that
will govern.
COOWNERSHIP under Art. 148 because they are minors at the
time of the celebration of marriage
B.
If A decides to sell the condominium unit in Davao City, is the
marital consent of B required for the validity of the sale?
Explain fully.
NO. incidence of ownership
Excluded in ACP-
property acquired before marriage by either spouse who haw
legitimate children by former marriage, and the fruits as well as
the income of such property
property for personal and exclusive use of either spouse
property acquired during the marriage by gratuitous title by
either spouse and the fruits as well as the income unless
provided that they shall form part of ACP.
______________________________________________________
CIVIL LAW REVIEW 1
FINAL EXAMS
DEAN GENEVIEVE MARIE DOLORES B. PAULINO, LL.M.
December 8, 2022
I
Kate married William on December 1, 2010. Kate’s parents died when
she was 9 years. Being the sole surviving heir she inherited a
condominium unit, P5 million pesos and a beach resort in Boracay.
William died on July 1, 2020. Kate inherited from William a 4-door
apartment in Davao City. Kaye, the only child of Kate and William
inherited from the estate of their father, William, P1 million.
On September 1, 2021, Kate married Harry. A month before the wedding,
Kate and Harry executed a marriage settlement. In the marriage
settlement, they agreed to be governed by the regime of conjugal
partnership of gains. The marriage settlement was signed by Kate.
a.
What property regime governs the property relations of Kate
and William? Explain fully. ( 3.5 pts.)
Absolute Community of Property is the property
that governs the property relations of Kate and William.
the regime of Absolute Community of Property, all
acquired before and during marriage shall form part of
absolute community or properties owned by the spouses and
shared equally by husband and wife.
regime
Under
properties
the
is
ACP because the marriage was celebrated after Aug. 3, 1988.
ACP is the default property regime absence any marriage
settlement
b.
What property regime governs the property relations of Kate
and Harry? Explain fully. ( 3.5 pts.)
ACP, absence a valid marriage settlement. Here marriage settlement was only
signed by kate. Law requires both parties must signe(see requisites)
c. If Kate decided to sell the 4-door apartment that she received by
way of inheritance from William, is the consent of Harry
indispensable for the validity of the sale? Explain fully. ( 3.5 pts)
No. ARTICLE 92(3) exclusive property
No, if Kate decided to sell the 4door apartment that she
received by way of inheritance from William, the consent of Harry is no longer
required for the validity of the sale. Under the Law, all properties acquired
before the marriage shall be considered as exclusive property. Here the 4door
apartment is acquired through inheritance from her previous marriage that
form part of her paraphernal property. Therefore, the consent of Harry is no
longer needed for the validity of sale.
d. What are the requisites of a valid marriage settlement? (2 pts.)
A valid marriage settlement must be executed and signed by the
spouses before the celebration of marriage.
1. Written,
2. Signed by the parties, or if one or both of the parties are suffering from
civil interdiction or when one or both parties are 18yo and below 21 yo,
the guardians or parents must be made parties to the marriage
settlement
3. Executed prior to the marriage
4. registered with the LCR to affect 3rd persons.
e.
What are the essential differences between the ABSOLUTE
COMMUNITY PROPERTY and the CONJUGAL PARTNERSHIP
OF GAINS? ( 3 pts.)
ACP default property relation for marriages celebrated aud. 3,
1988 and thereafter; cpg default property relation for marriages
celebrated before aug 3, 1988:
Exclusive properties in acp (art 92); in cpg art 109
In Absolute Community of Property, those properties
acquired before and during the marriage are considered to be form part of the
absolute community of property which is owned by both parties. When all
properties are inherited, donated, or given gratuitously to either spouse before
the marriage shall be considered as part of the ACP and shall be owned by both
parties. In case of divorce, annulment or legal separation, Absolute community
of property shall not be affected and will remain owned by both spouses unless
the spouses have filed for the Judicial Separation of properties. Once the
Judicial Separation of Property is filed in Court, the properties shall be split
between the husband and wife. On the other hand, Conjugal property of Gains,
all properties acquired before marriage will be considered as exclusive property.
The marriage joins the exclusive properties as part of one estate within the
conjugal property and the fruits, net proceeds, income of those properties shall
be shared between the husband and wife for the duration of their marriage. In
case of divorce, annulment or separation of properties, the properties acquired
before marriage shall not be included in the separation of properties. The
properties acquired during the marriage will be considered part of the conjugal
property that will be split into half.
f. If the property relations of the spouses is absolute community
of property, can they shift to the conjugal partnership of gains
regime by filing a petition in court? Explain fully. ( 3.5 pts.)
No, the parties cannot shift fromacp to cpg. Marriage settlement must be
entered into prior to the celebration of marriage. They can no longer modify if
after the celebration of marriage for the reason that ACP/CPG begins exactly at
the time of marriage. However, if they opt to have their property relations
voluntarily dissolved, they can by filing a joint petition art 136 FCP.
3II
Lilia owned a parcel of land which is adjacent to the parcel of land
owned by Bong. The latter believing that it was still a portion of his
parcel of land, constructed a semi-concrete structure as his
recreation room. Lilia saw the construction but did not object
because she al0so believed that the construction was on the parcel
of land owned by Bong. However, it was ascertained a year after
the completion of the construction, that the land on which the
recreation room was built is still part of the parcel of land of Lelia.
a)
Is Bong liable to pay damages to Lilia? Explain fully. ( 3
pts.)
No, bong is not liable to pay damages.
Bong is a builder in good faith as provided by law. A builder is considered to be
in good faith when he is not aware of the defect in his title.
b)
Discuss the right of Lilia under the circumstances.
Explain fully. ( 4 pts.)
Art. 448.
1. Right to appropriate the building after payment of indemnity, necessary
and useful expense
2. To compel the Builder to pay the price of the land, provided that the
same is not considerably more than the value of the building
3. Or to receive rent after they have agreed on the terms of the lease.
c)
What are the rights of Bong under the circumstances?
Explain fully. ( 4 pts.)
1. The limited right of retention if lilia opts to appropriate the property
(price, necessary and useful exp)
2. To become the owner of the land if he pays for its value
III
Ian is the only acknowledged natural child of Elliot Santos. His
parents Elliot Santos and Cherry Lapina were not yet married at
the time Ian was born and they died before their wedding. Since
then, Ian’s paternal grandparents (Elliot’s parents) took care of Ian.
After battling cancer for several years, his paternal grandfather
died. He did not leave a will.
Hence, Ian aunts and uncles ( the siblings of his father, Elliot)
prepared the extrajudicial settlement of his grandfather's estate.
They explained to Ian that under the law, Ian is not entitled to
represent his father (Elliot) in inheriting from his grandfather's
estate since Ian was a nonmarital child of his father Elliot who is a
marital child of his grandfather. Is this correct? Support your
answer with reasons. (4 pts.)
No, the contention is not correct.
Aquino v aquino - A child whose parents did not marry each
other can inherit from their grandparent by their right of representation,
regardless of the grandparent's marital status at the birth of the child's parent.
IV
Delilah and Simon were married on August 1, 2017. Their
marriage was always marked by violent fights. On August 2, 2022,
Delilah filed a petition for annulment claiming that Simon is
suffering from a sexually transmissible disease (STD) which he
concealed to her. In her petition, Delilah said that during the
courtship stage, she already suspected Simon to be suffering from
an STD because she saw his medicines in his car seat. When she
visited the house of Simon, she also saw the prescription from the
doctor for STD medicines in the dining table of the house of Simon.
And a friend told her that she saw Simon in the clinic of Dr. Wang,
a known physician who specializes in the treatment of STD.
On August 30, 2018, Delilah discovered that she had STD. So, she
angrily confronted Simon who admitted for the first time that he is
suffering from HIV.
Will the petition for annulment prosper? Explain fully. ( 4 pts.)
No,
the concealment referred to under Article 46 in relation to art 45(3)
is the deliberate hiding of truth. Non disclosure is not concealment
With regard to HIV, the action has prescribed.
V
TRUE OR FALSE. Support your answer with reasons.
a)
All void marriages are governed by either ARTICLE 147 or 148 with
respect to their property relations. ( 3 pts.) False- Art. 40 is ACP/ CPG;
Art. 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage
on the basis solely of a final judgment declaring such previous marriage void
b)
All children of void marriages are illegitimate. ( 3 pts.) False- Art. 36,
Arts. 52 and 53; Arts (non recording requirement); Art. 42 and 43(void
subsequent marriage due to reappearance of a spouse declared presumptively
dead)
c)
Necessary expenses shall be refunded only to a possessor in good faith
and to the builder in good faith. (3 pts.) false. Art 452 necessary expenses is
also paid to bps in bad faith.
d)
A building is considered immovable only if constructed by the owner of
the land on which it was erected. (3 pts.) false. Art 415 bldg are immovable by
its nature
e)
The rule that to the owner belongs the natural, industrial and civil fruits
is absolute. (2 pts.). False. Natural fruits may belong to usufructuary
VI
Sharon executed a will which contained only a provision
disinheriting her daughter KC for running off with a married man,
and a provision disposing of her share in the family house and lot
in favor of her other children Frankie and Miel. She did not make
any provisions in favor of her husband Francis, because as the will
stated, he would anyway get ½ of the house and lot as his conjugal
share.
The will was very brief and straightforward and both the above
provisions were contained in page 1, which Sharon and her
instrumental witness signed at the bottom. Page 2 contained the
attestation clause and the signatures, at the bottom thereof, of the
3 instrumental witnesses which included Aiza, the family cook,
Pempem, the driver of Vicki, and Atty. Domingo, the lawyer who
prepared the will. There was a 3rd page, but this only contained
the notarial acknowledgement. The attestation clause stated the
will was signed on the same occasion by Sharon and her
instrumental witnesses who all signed in the presence of each
other, and the notary public who notarized the will. There are no
marginal signatures or pagination appearing on any of the 3 pages.
Upon her death, it was discovered that apart from the house and
lot, Sharon had a P10M account deposited with BDI bank.
a) Was Francis preterited? (2%)
No Francis is not pretireted.
The law provides that only compulsory heirs in the direct line may be preterited.
Therefore, Francis is not preterited because although he is a compulsory heir,
he is not a relative of the testator in the direct line.
b) What other defects of the will, if any, can cause denial of
probate? (4%)
 ATTESTation clause did not state that they signed in the presence of the
testator and of one another - fatal defect
 Notary public signed as a witness
c) Was the disinheritance valid? (2%)
No. although the ground for disinheritance is provided under art 919, the new
civil code also provides that no will shall pass either real or personal property
unless it is probated. Disinheritance is also a disposition
d) How should the house and lot, and the cash be distributed?
(2%)
The net estate shall be considered. House and lot and cash,
assuming they are part of the acp/cpg, will be divided into 2.
½ thereof pertains to the net estate of Sharon.
House: ¼ each in the share of sharon
Cash 125000
VII
a.
Glynna, a Filipino national married Jiwoo, a Korean national.
They got married in Manila. However, the marriage ended
with a divorce by mutual agreement in South Korea. After the
divorce was confirmed on July 16, 2012 by the Cheongju Local
Court,
Glynna
filed
before
the
RTC
a Petition for the Recognition of a Foreign Judgment of Divorce.
The RTC granted the petition which was however opposed by the
Office of the Solicitor General. The CA granted the opposition on
the ground that the petition could not be given due course as it
was not the foreign spouse who obtained such decree. Rule on the
matter. ( 3.5 pts.)
Galapon v rp divorce by mutual agreement
b.
What is the doctrine embodied in the case of Tan-Andal versus
Andal. ( 3.5 pts.)
The Supreme Court pronounced that psychological incapacity is not a medical
but a legal concept. It refers to the personal condition that prevents the other
spouse to comply with marital obligations in relation to specific partner that
may have been exist prior the existence of marriage but may have revealed
through behavior subsequent to ceremonies. It need not to be a mental or
personal disorder. It need not to be a permanent or incurable condition.
Therefore, the testimony of psychologist or psychiatrist is not mandatory in all
cases. The totality of evidence must show clear and convincing evidence to
cause the declaration of nullity of marriage.
VIII
David died intestate. His full-blood sisters, Thelma and Louise, and
half-blood sisters, Katherine, Erin and Jodie, all predeceased him.
The following are the surviving relatives: Fiona and Moira,
legitimate children of Thelma; Kyla, legitimate child of Louise; Vivi,
illegitimate child of Katherine; Josie, adopted child of Erin; and
Otto, grandson of Jodie. The net value of David's estate is P12M.
a) How much do Fiona, Moira and Josie stand to inherit by right of
representation? (3%)
1. Fiona and Moira will inherit per capita, not per stirpes. In this case, since all
the brothers and sisters of David predeceased him, the next nearest relative in
line, who are, the nephews and nieces, shall inherit per capita.
However, Josie the adopted cannot inherit because she cannot represent her
adopter (Erin) to the estate of David. Under the law, the relation created by
adoption is only between the adopter and adoptee. The adoptee is not an heir of
the adopter’s relatives.
b) How much is the share of Vivi, Josie and Otto in the net estate?
(3%)
Vivi shall be entitled to a share equivalent to ½ of the share of each legitimate child.
Josie the adopted cannot inherit because she cannot represent her adopter (Erin) to
the estate of David. Under the law, the relation created by adoption is only between
the adopter and adoptee. The adoptee is not an heir of the adopter’s relatives.
Otto cannot inherit because under the law the right of representation in the collateral
line is available only to nephews and nieces of the decedentc)
Who are David’s legal heirs and how will his estate be divided among them?
(3%)
The legal heirs of David are Moira, Fiona, Kyla and Vivi. They shall inherit per capita.
However, Vivi shall be entitled to a share equivalent to ½ of the share of each
legitimate child
IX
A commercial and residential building project located in Wack
Wack Village, Mandaluyong City, was proposed by MALL LAND
INC.
MALL LAND INC. notified Wack Wack Residents Association, Inc.
WWRAI, a registered homeowners' association of Wack Wack
Village - of its intention to use Fordham Street as an access road
and staging area of the project.
As MALL LAND INC. received no response from WWRAI, MALL
LAND INC. temporarily enclosed the job site and set up a field
office along Fordham Street.
WWRAI, thereafter exerted effort to remove the said field office.
Subsequent attempts of WWRAI to remove the said field office
proved futile.
MALL LAND INC., filed a petition before the RTC, seeking the
following:
1)
Establishment of the temporary easement over Fordham Street
belonging to WWRAI as an access road to its construction site of
its AMA Tower.
2)
Establishment of a permanent easement of right of way in its
favor over a portion of Fordham Street.
3)
Issuance of a temporary restraining order (TRO) to
immediately enjoin [WWRAI] from demolishing and removing
the temporary field office and from constructing a fence
isolating Fordham Street, and preventing MALL LAND INC. from
gaining access to the construction site;
A) What are the requisites so that MALL LAND INC. may validly
claim against WWRAI a compulsory permanent right of way
under Articles 649 and 650 of the Civil Code? ( 4 PTS.)
Requisites of compulsory easement of way.
The requisites of compulsory easement of way can be summarized as
follows:
1.
That the dominant estate is surrounded by other immovables
and has no adequate outlet to a public highway;
2.
After the payment of property indemnity
3.
That the isolation was not
dominant estate
due to acts of the proprietor of the
4.
That the right of way claimed is at the point least prejudicial
to the servient estate; and in so far as consistent with this rule,
where the distance from the dominant estate to a public highway
may be the shortest.
B) What are the requisites that MALL LAND INC. must comply in
order to be granted a temporary easement of right of way? ( 4
pts.)
Temp easement: indispensability and payment of indemnity. Must be
complied after a trial.
X- ENUMERATION
A) Enumerate at least 3 rights of a usufructuary. ( 3 pts.)
at least 3 rights of usufructuary - right to make use of any increase
which the property in usufruct may acquire; right to all fruits of the
property, whether natural, civil or industrial;
ARTICLES 556-582
B) Enumerate at least 4 grounds for the disallowance of a will. ( 2
pts.)
ART 839
1.non compliance of formalities
2. Testator was insane at the time of making the will
2. Executed through force, duress, influence…
4. Signature of testator was procured through fraud
C) What are the exceptions to the general rule that laws shall have no
retroactive effect? Give at least 4. ( 3 pts.)
While in general, laws are prospective, they are retroactive in the following
instances:
1. If the law itself provides for retroactivity (Art. 4, Civil Code), but in no case
may an ex post facto law be passed, such as one that criminalizes an act done
before the passing of the law and which was innocent when done[7]. A law is
considered retroactivity if it is clearly expressed in the language of the
statute[8]. The existence of an effectivity clause defining when the law shall
take effect militates conclusively against the retroactivity of such law[9].
2. If the law is remedial in nature, since there are no vested rights in rules of
procedure[10].
3. If the statute is penal in nature, provided it is favorable to the
accused/convict and the latter is not a habitual delinquent as defined under
the Revised Penal Code[11].
4. If the law is of an emergency nature and are authorized by the police power
of the government[12].
5. If the law is curative, provided it does not impair vested rights nor affect final
judgments[13].
6. If a substantive right is to be declared for the first time, unless vested rights
are impaired.
D) What marriages are void here in the Philippines even if validly
celebrated abroad? (3 pts.)
1.
2.
3.
4.
BELOW 18,
ART 37
ART 38
THOSE EXCEPTED IN ART 26 (ART 35 (1), (4), (5), (6), ART 36)
E)
The action to claim legitimacy is a right that is purely personal to
the child. State all the exceptions to this rule. ( 3 pts.)
1. WHEN THE CHILD DIES AFTER THE
ALREADY BEEN INSTITUTED;
2. CHILD DIES DURING MINORITY
3. CHILD DIES IN THE STATE OF INSANITY
ACTION
HAS
What is Reserva Troncal?
The ascendant who inherits from his descendant any property which the latter
may have acquired by gratuitous title from another ascendant, or a brother or
sister, is obliged to reserve such property as he may have acquired by operation
of law for the benefit of relatives who are within the third degree and who
belong to the line from which said property came [Art. 891, CC].
Requisites for Reserva Troncal [Chua v. CFI, G.R. No. L-29901 (1977)]:
1. That the property was acquired by a descendant (Prepositus) from an
ascendant or from a brother or sisterv(Origin or Mediate Source) by gratuitous
title,
2. That the Prepositus died without (legitimate*) issue,
3. That the property is inherited by another ascendant (Reservista) by operation
of law, and
4. That there are relatives within the 3rd degree (Reservatarios) belonging to
the line from which said property came.
Note: Only legitimate descendants will prevent the property from being
inherited by the legitimate ascending line by operation of law
[Balane]
III.
Neither of the two will inherit from Bert. Joe cannot inherit because the law does not
recognize the right of a stranger to inherit from the decedent in the absence of a will.
Their cohabitation will not vest Joe with the right to inherit from Bert. The child will
likewise not inherit from Bert because of the lack of formal adoption of the child. A
mere ward or “ampon” has no right to inherit from the adopting parents.
x. No. Mans is not entitled to inherit from Rudy because he is neither a compulsory
nor legal heir of Rudy. Under the law, the husband is not an heir of his wife’s
ascendants.
IV. A. The will should not admitted to probate because a joint will of Filipino citizens
although executed abroad is void because of public policy.
B.Assuming that the will may be admitted to probate, that the disposition preterited
North. Hence it shall annul the institution in favor of Saint, Chicago and Psalms,
intestacy will follow.
C. The testamentary prohibition against the division of LA Estate is not valid. Under
the law, the testator can only provide indivisibility of his estate for a maximum period
of 20 years. The prohibition against division beyond 20 years is void.
5. a. no the contention of Eduardo and sunshine is not valid. The law on reserva
truncal requires that the reservista must be an ascendant of the propositus. In this
case, Jorge, the supposed reservista is not ascendant of Apple, the propositus.
b. As to the estate of Atty. Cayetano which is 50M, Nadine is not entitled to the same
because under the law, Atty. Cayetano and James are presumed to have died at the
same time, there being no evidence to prove otherwise, and there shall be no
transmission of rights from one to the other.
As to the proceeds of insurance, Nadine is entitled to the same because the rule on
survivorship shall apply this being not for the purpose of succession. Under the law,
Atty. Cayetano is presumed to have died ahead of James. Hence, there was already
transmission of hereditary rights from Atty. Cayetano to James. Since Nadine is an
heir of James, she is entitled to inherit from the former.
6. as to the estate of Donald, khloe, Kendal and kylie entitled to receive the property,
In this case, Donnald died in 2002, upon his death, there was already transmission of
rights, to barron. So that, when Barron died, he also transmitted the property he
received from his father Donnald, to his own heirs. However, as to Melanai’s estate,
only kylie is entitled by right or representation. In this case, Barron predeceased
Melania.Hence, Kylie, the legitimate daughter shall represent her father to the estate
of Melania. On the other hand, khloe and kendall cannot inherit because under the
law, the relation created by adoption is only between the adopter and adoptee. The
adoptee is not an heir of the adopter’s relatives.
7A. In this case, since there was no proper authentication, the holographic will of
Ramon cannot be admitted to probate. Hence, legal succession shall govern the
distribution of Ramon’s estate.
In this case, the right of Chiz or Heart to inherit from Ramon will depend on whether
or not they are legal relatives of Ramon.
7B. The legal heirs of Beth are her grandchildren. Under the law, relatives in the
descending line, excludes the relatives in the collateral line. Hence, the grandchildren,
being the relative in the descending line of beth are preferred over dominic who is a
collateral relative.
888. Yes, the holographic will of Don Julio may be admitted to probate in the
Philippines . Under the law, a will of a foreign citizen executed here in the Philippines
may be probated in accordance with the lex loci celebrationis rule.
Bbb. No, Julia cannot validly insists that she be given her legitime because under the
law, the national law of the decedent shall regulate the order of succession, the
amount of successional rights, the extrinsic validity of testamentary provisions as well
as the capacity of the heir to succeed. Since, Australian law does not recognized
compulsory heirs, Don Julio is not obliged to provide for Julia in his will.
9A. No, Manuel and John are only collateral relatives of Tonyboy. On the other hand,
Dominic, the daughter of tonyboi, is a compulsory heir. Hence, as the child of tonyboi,
dominic excludes manuel and John. In succession, the presence of the legitimate
children of the deceased excludes collateral relatives.
Bert and Joe, both male and single, lived together as common law spouses and agreed
to raise a son of Bert's living brother as their child without legally adopting him. Bert
worked while Joe took care of their home and the boy. In their 20 years of cohabitation
thev were able to acquire real estate assets registered in their names as co owners.
Unfortunately, Bert died of cardiac arrest, leaving no will. Bert was survived by his
biological siblings,Joe, and the boy. Can Atticle 147 on co-ownership apply to Bert and
Joc whereby, all properties they acquired will be presumed to have been acquired by
their joint industry and shall be owned by them in equal shares?
Answer: No Article 147 does not apply between Bert and Joe for the reason that the
said article only applies to contracting parties wherein a man and a woman are
capacitated to marry each other, live exclusively as husband and wife without the
benefit of marriage or under void marriage. In this case, Bert and Joe are both males,
the provisions of the family code does not apply.
Hence, the rule on Article 148 will apply. They have to prove actual joint contribution
money, property or industry before they can claim any money or property acquired by
them, in proportion to their respective contribution.
Marco and Gina were married in 1989. Ten years later, or in 1999, Gina left Marco
and Iived with another man, Ieaving their two children of school age with Marco. When
Marco needed money for their children's education he sold a parcel of land registered
in his name, without Gina's consent, which he purchased before his marriage. Is the
sale bv Marco valid, void or voidable? Explain with legal basis.
The sale of Marco is void. The Family Code provides that for marriages celebrated
during its effectivity, the governing property regime is Absolute Community of Property
absent any marriage settlement. In the regime of Absolute Community of Property, any
sale of property belonging to the community of property requires the consent of the
other spouse. Absent such consent, the sale shall be void. In this case, the marriage
between marco and gina was celebrated during the effectivity of the Family Code. As
there is no marriage settlement between them, the Absolute Community of Property
governs their property regime. As the sale made by Marco was without the consent of
Gina, the sale is Void
Mr. Luna died, leaving an estate of Ten Million (P10,000,000.00) Pesos. His widow
gave birth to a child four months after Mr. Luna's death, but the child died five hours
after birth. Two days after the child's death, the widow of Mr. Luna also died because
she had suffered from difficult childbirth. The estate of Mr. Luna is now being claimed
by his parents, and the parents of his widow. Who is entitled to Mr. Luna’s estate and
why?
The parents of the widow are entitled to the estate because the parents of Mr. Luna
are not heirs of the widow.
From the moment of death of Mr. Luna, his estate descended to his heirs who are his
spouse and his unborn child because under the law, succession is one of the recognize
modes of transferring the ownership. The estate of Mr. Luna was already settled.
True or False. Under Art. 26 of the Family Code, when a foreign spouse divorces
his/her Filipino spouse, the latter may re- marry by proving only that the foreign
spouse has obtained a divorce against her or him abroad.
True.
Bartolome constructed a chapel on the land of Eric. What are his right if he were: a. A
possessor of the land in good faith? b. A possessor of the land in bad faith?
A. If Bartolome is a possessor in good faith, under the law his rights are as follows:
1. He shall be entitled to reimbursement of necessary and useful expenses;
2. He shall be entitled to retention of the property without the need of paying
rental pending receipt of such expenses; and
3. He shall vacate and turnover the property to Eric upon receipt of the
reimbursement.
B. If Bartolome is a possessor in bad faith, under the law, he shall loss everything
that he has built however he shall be entitled to the necessary expenses for the
preservation of the land. Moreover he shall be liable for damages.