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1

Roel and Hannah became couple when they met in Harvard University while studying law. They fell in love and
decided to go back in.the phil.and settle down. Their relationship was a bliss until one day Roel found out that
Hannah is demanding, nagger and always got jealous. She doesn't know a simple household chores, he is the one
doing everything. Because of that, he fell for Luisa their housemaid. They have a covert affair. One day, when Luisa
was cleaning she got hold of a birth cert.stating that Hannah is a male. Roel confronted her and admitted that she
just had an operation. In the middle of the heated argument Roel even learned that Hannah had an affair with their
driver as shown by various pictures showing them in a compromising position. Roel approached and asked you, if
he can file an adultery case against Hannah, what will be your advice?
How about the validity of their marriage, can he remarry on the ground that Hannah is a male? Explain
ANSWER:
I will advise Roel that he cannot file a case of adultery against Hannah. As provided under the Revised Penal Code,
to commit adultery there must be a carnal relation between a married woman and a man not her husband, the latter
knowing her to be married, even if the marriage be subsequently declared void. The requirement of being a man
and a woman is essential thus; adultery is not committed as Hanna is a transsexual.
The proper action that can be undertaken by Joel is to file a petition for declaration of nullity because the marriage
was never valid in the first place. One of the essential requisites of marriage is the legal capacity of the contracting
parties who must be a male and a female. Thus, absence of which makes the marriage void from the very
beginning.
Moreover, Joel can remarry if the first marriage is declared in nullity. As provided under the Family Code, 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. Thus, to validly contract another marriage, there must be a final
judgment of his previous marriage.
2
Harry married Wilma, a very wealthy woman. Barely five (5) years into the marriage, Wilma fell in love with Joseph.
Thus, Wilma went to a small country in Europe, became a naturalized citizen of that country, divorced Harry, and
married Joseph. A year thereafter, Wilma and Joseph returned and established permanent residence in the
Philippines.
a. Is the divorce obtained by Wilma from Harry recognized in the Philippines? Explain your answer?
b. If Harry hires you as his lawyer, what legal recourse would you advise him to take? Why?
c. Harry tells you that he has fallen in love with another woman, Elizabeth, and wants to marry her because, after
all, Wilma is already married to Joseph. Can Harry legally marry Elizabeth? Explain.
ANSWER:
a. No, the divorce obtained by Wilma from Harry is not recognized in the Philippines. There is no law granting
divorce in the country. The Family Code provides that a marriage contracted by any person during the
subsistence of a previous marriage shall be null and void. Thus, marriage between Harry and Joseph is
void, it being considered bigamous.
b. The legal recourse that Harry can take is to file a case of bigamy against Wilma and Joseph. The law
provides that bigamy is committed by any person who shall contract a second or subsequent marriage
before the former marriage has been legally dissolved. The first marriage of Wilma is still subsisting thus,
her second marriage is void.

c.

No, Harry cannot legally marry Elizabeth. The Family Code provides that a bigamous marriage is void from
the very beginning. Harry might be facing criminal case for bigamy if he will marry Elizabeth. Thus, he must
first complete the process of annulment of the first marriage before he can validly contract a second
marriage.
3

In December 2000, Michael and Anna, after obtaining a valid marriage license, went to the Office of the Mayor of
Urbano, Bulacan, to get married. The Mayor was not there, but the Mayors secretary asked Michael and Anna and
their witnesses to fill up and sign the required marriage contract forms. The secretary then told them to wait, and
went out to look for the Mayor who was attending a wedding in a neighboring municipality.
When the secretary caught up with the Mayor at the wedding reception, she showed him the marriage contract
forms and told him that the couple and their witnesses were waiting in his office. The Mayor forthwith signed all the
copies of the marriage contract, gave them to the secretary who returned to the Mayors office. She then gave
copies of the marriage contract to the parties, and told Michael and Anna that they were already married.
Thereafter, the couple lived together as husband and wife, and had three sons.
a. Is the marriage of Michael and Anna valid, voidable, or void? Explain your answer.
b. What is the status of the three children of Michael and Anna? Explain your answer.
c. What property regime governs the properties acquired by the couple? Explain.
ANSWER:
a. Yes, the marriage of Michael and Anna is void.
As provided under the Family Code, one of the formal requisites of marriage is a marriage ceremony with
minimum requirements that the contracting parties appear personally before the solemnizing officer and declare
that they take each other as husband and wife in the presence of at least two witnesses of legal age. And in the
absence of any of the formal requisites shall render the marriage void ab initio.
The Mayor only signed all the copies of the marriage contract without the contracting parties appearing
personally
to
exchange
vows
of
marital
commitment.
Therefore, the absence of marriage ceremony renders the marriage void.
b. The

status

of

the

three

children

of

Michael

and

Anna

is

illegitimate.

As provided under the Family Code, illegitimate children are those conceived and born outside a valid marriage
or inside a void marriage.
The marriage of Michael and Anna is void ab initio or void from the very beginning, thus their children are all
illegitimate.
c.

The

property

regime

that

governs

the

properties

of

the

couple

is

co-ownership.

The Family Code provides that in a void marriage, the property regime is governed by the rules on coownership.
Thus, salaries and wages shall be owned by them in common, properties acquired by either parties exclusively
belong to such party, properties acquired by both shall be co-owned by the couple, the fruits of the separate
party are not included, and neither party can encumber the property without the consent of the other.
4

Ponciano borrowed Rubens gun, saying that he would use it to kill Freddie. Because Ruben also resented Freddie,
he readily lent his gun, but told Ponciano: "O, pagkabaril mo kay Freddie, isauli mo kaagad, ha." Later, Ponciano
killed Freddie, but used a knife because he did not want Freddies neighbors to hear the gunshot.
What, if any, is the liability of Ruben? Explain.
Would your answer be the same if, instead of Freddie, it was Manuel, a relative of Ruben, who was killed by
Ponciano using Rubens gun? Explain.
ANSWER:
A. Rubens liability is that of an accomplice. As provided under Article 18 of the RPC accomplices are those persons
who, not being included in Art. 17, cooperate in the execution of the offense by previous or simultaneous acts.
Rubens cooperation is not indispensable in that the crime would still be accomplished even without using the gun.
However, he concurs with Poncianos intention to kill Freddie and cooperated by giving moral support that escalates
the formers determination to kill the latter, thus making him an accomplice of the crime.
B. No, the answer would not be the same. When Ruben lent his gun to Ponciano, what he consented is the
intention of killing Freddie. In the absence of criminal intent to kill Manuel thus, Ruben cannot be held liable of the
crime.
5
Baldo killed Conrad in a dark corner, at midnight, on January 2, 1960. Dominador witnessed the entire incident, but
he was so scared to tell the authorities about it.
On January 2, 1970, Dominador, bothered by his conscience, reported the matter to the police. After investigation,
the police finally arrested Baldo on January 6, 1980. Charged in court, Baldo claims that the crime he committed
had already prescribed.
Is Baldos contention correct?
ANSWER:
No, Baldos contention is not correct. As provided under Art. 91. of the Revised Penal Code, the period of
prescription shall commence to run from the day on which the crime is discovered by the offended party, the
authorities, or their agents, and shall be interrupted by the filing of the complaint or information, and shall
commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are
unjustifiably stopped for any reason not imputable to him.
The police discovered the crime only after the Dominador reported the incident of killing on January 2, 1970. When
Baldo was arrested on January 6, 1980, only ten years has lapsed. The law provides that a crime of murder has
penalties of reclusion perpetua to death that prescribes in 20 years and crime of homicide has a maximum penalty
of reclusion temporal that prescribes in 15 years. Considering the crime committed of Baldo is either murder or
homicide depending on the circumstances, the crime has not yet prescribes because only ten years has lapsed
from the discovery of the crime.
Therefore, Baldo can be prosecuted because the crime committed has not yet prescribed.
6
Antero Makabayan was convicted of the crime of Rebellion. While serving sentence, he escaped from jail.
Captured, he was charged with, and convicted of, Evasion of Service of Sentence. Thereafter, the President of the
Philippines issued an amnesty proclamation for the offense of Rebellion. Antero applied for and was granted the
benefit of the amnesty proclamation.

Antero then filed a petition for habeas corpus, praying for his immediate release from confinement. He claims that
the amnesty extends to the offense of Evasion of Service of Sentence. As judge, will you grant the petition? Discuss
fully.
ANSWER:
Yes, I will grant the petition. As provided under Article 89 (3) of the Revised Penal Code, criminal liability is totally
extinguished by amnesty, which completely extinguishes the penalty and all its effects. When amnesty was granted
to Antero Makabayan, the case of evasion of service of sentence which proceeded from the crime of rebellion will
not subsist because its legal basis has lost. Therefore, petition for habeas corpus shall be granted as amnesty
extinguishes the criminal liability and all its effects.
7
Eighteen-year old Filipina Patrice had a daughter out of wedlock whom she named Laurie. At 26, Patrice married
American citizen John who brought her to live with him in the United States of America. John at once signified his
willingness
to
adopt
Laurie.
Can John file the petition for adoption? If yes, what are the requirements? If no, why?
ANSWER:
Yes, John can file the petition for adoption. Under the Inter-Country Adoption Act of 1995, any alien permanently
residing abroad may file an application for inter-agency adoption of a Filipino child if he: (a) is at least 27 years of
age, however the age difference required under the law which is at least 16 years older than the child can be
waived because John is the spouse of the adoptees parent; (b) Her spouse need not be joined as co-petitioner
because the adoptee is a legitimate child of his spouse; (c) has the capacity to act and assume all rights and
responsibilities of parental authority under his national laws, and has undergone appropriate counselling from an
accredited counselor in his country; (d) has not been convicted of a crime involving moral turpitude; (e) eligible to
adopt under his national law;(f) is in the position to provide the proper care and support and to give necessary
moral values and example to all his children, including the child to be adopted; (g) agrees to uphold the basic rights
of the child and to abide by the rules and regulations to implement the provision of the Act; (h) Comes from the
country with whom the Philippines has diplomatic relations and whose government maintains a similar authorized
and accredited agency and that adoption is allowed under his national laws; and (i) possess all the qualifications
and none of the disqualifications provided in the Act and in other Philippine laws.
8
Spouses B and G begot two offsprings. Albeit they had serious personality differences, the spouses continued to
live under one roof. B begot a son by another woman. G also begot a daughter by another man.
a. If G gives the surname of B to her daughter by another man, what can B do to protect their legitimate children's
interests? Explain.
b. If B acquiesces to the use of his surname by Gs daughter by another man, what is/are the consequence/s?
Explain.
ANSWER
a. B,

the husband,

can

file

a direct action

to

impugn

the legitimacy of

the daughter of

G.

Article 170 of the Family Code states that the childs filiation can be impugned only by the husband or in special
circumstances his heirs. Given that G and B still lives together in one roof, B shall file the action within one year
from the knowledge of the birth or its recording in the civil registrar in the city or municipality where the birth took
place
or
was
recorded.

Thus, if the daughter is declared as illegitimate child, her rights are not equal or the same with that of a legitimate
child. The illegitimate child shall use the surname of the mother and his or her legitime shall consist of one-half of
the legitime of a legitimate child.
b. If B acquiesces to the use of his surname by Gs daughter by another man, the consequence is that if B will not
impugn the legitimacy of Gs daughter and consent to the use of his surname after the lapse of the prescriptive
period, the status of the daughter becomes fixed and cannot be questioned anymore. Such child is therefore
considered legitimate as to B and G. Thus, as legitimate child, she has the right to receive support in everything
that is indispensable for sustenance, dwelling, clothing, and medical attention, according to the social position of
the family and her legitime is half of the parents estate.
However, if the daughter remains illegitimate, she can still use the surname of B since there is no law granting
exclusive ownership over a surname.

9
Miko and Dinah started to live together as husband and wife without the benefit of marriage in 1984. Ten (10) years
after, they separated. In 1996, they decided to live together again, and in 1998, they got married.
On February 17, 2001, Dinah filed a complaint for declaration of nullity of her marriage with Miko on the ground of
psychological incapacity under Article 36 of the Family Code. The court rendered the following decision:"1.
Declaring the marriage null and void; 2. Dissolving the regime of absolute community of property; and
3. Declaring that a decree of absolute nullity of marriage shall only be issued after liquidation, partition and
distribution of the parties properties under Article 147 of the Family Code."
Dinah filed a motion for partial reconsideration questioning the portion of the decision on the issuance of a decree
of nullity of marriage only after the liquidation, partition and distribution of properties under Article 147 of the Code.
If you are the judge, how will you decide petitioners motion for partial reconsideration? Why?
ANSWER:
The motion for partial reconsideration shall be granted.
In one of the jurisprudence, the Court ruled that the property relations of parties in a void marriage during the period
of cohabitation is governed either by Article 147 or Article 148 of the Family Code. The rules on co-ownership apply
and the properties of the spouses should be liquidated in accordance with the Civil Code provisions on coownership. Under Article 496 of the Civil Code, partition may be made by agreement between the parties or by
judicial proceedings. x x x. It is not necessary to liquidate the properties of the spouses in the same proceeding for
declaration
of
nullity
of
marriage.
Dinahs marriage to Miko was declared void under Article 36 of the Family Code and what governs the liquidation of
properties owned in common by petitioner and respondent are the rules on co-ownership.
Therefore, decree of absolute nullity of the marriage shall be issued without waiting for the liquidation, partition and
distribution of the properties under Article 147 of the Family Code.
10
Ariz and Paz were officemates at Perlas ng Silangan Bank (PSB). They fell in love with each other and had a civil
and church wedding. Meanwhile, Paz rapidly climbed the corporate ladder of PSB and eventually became its Vice
President, while Ariz remained one of its bank supervisors, although he was short of 12 units to finish his Masters of
Business Administration (MBA) degree.

Ariz became envious of the success of his wife. He started to drink alcohol until he became a drunkard. He
preferred to join his "barkadas"; became a wifebeater; would hurt his children without any reason; and failed to
contribute to the needs of the family. Despite rehabilitation and consultation with a psychiatrist, his ways did not
change.
After 19 years of marriage, Paz, a devout Catholic, decided to have their marriage annulled by the church. Through
the testimony of Paz and a psychiatrist, it was found that Ariz was a spoiled brat in his youth and was sometimes
involved in brawls. In his teens, he was once referred to a psychiatrist for treatment due to his violent tendencies. In
due time, the National Appellate Matrimonial Tribunal (NAMT) annulled the union of Ariz and Paz due to the failure
of Ariz to perform and fulfill his duties as a husband and as a father to their children. The NAMT concluded that it is
for the best interest of Paz, Ariz and their children to have the marriage annulled.
In view of the NAMT decision, Paz decided to file a Petition for Declaration of Nullity of Marriage of their civil
wedding before the Regional Trial Court (RTC) of Makati City using the NAMT decision and the same evidence
adduced in the church annulment proceedings as basis.
If you are the judge, will you grant the petition? Explain.
ANSWER:
Yes, I will grant the petition. The trial court should give respect to the efforts of the catholic church in resolving
marital conflicts. Although the decision of the National Appellate Matrimonial Tribunal (NAMT) is not binding, the
evidence adduced in its proceeding may be presented during the court trial for the declaration of the nullity of
marriage.
The findings of the psychiatrist shows that Ariz has psychological incapacity and it is medically permanent or
incurable because despite rehabilitation and consultation with a psychiatrist he remains to be drunkard, wifebeater
and inefficient to the financial needs of the family. As provided under the law, a marriage contracted by any party
who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital
obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.
Therefore, it is for the best interest of Paz, Ariz and their children to have their marriage annulled.
11
Olimpio caught a cold and was running a fever. His doctor prescribed paracetamol. Olimpio went to a drug store
with the prescription, and the pharmacist sold him three(3) tablets. Upon arriving home, he took a tablet. One hour
later, he had a seizure and died. The autopsy showed that the tablet he had taken was not paracetamol but a pill to
which he was allergic. The pharmacist was charged with murder. Is the charge proper? If not, what should it be?
ANSWER:
No, the charge of murder against the pharmacist is not proper. The pharmacist committed a crime of reckless
imprudence resulting in homicide because the element of malice or intention to kill attended by any of the qualifying
circumstances to constitute murder is not present.
Article 365 of the Revised Penal Code states that reckless imprudence consists in voluntarily, but without malice,
doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the
part of the person performing such act. One basis of determining inexcusable lack of precaution is the employment
or occupation. His profession as a pharmacist requires a highest degree of care so that human life may not
constantly be exposed to the danger flowing from the substitution of deadly poison for harmless medicines.
The pharmacist's liability arises from his reckless imprudence because his actions of giving wrong medicines
resulted to the death of Olympio. He is therefore guilty of reckless imprudence resulting in homicide and not of
murder.

12
While his wife was on a 2-year scholarship abroad, Romeo was having an affair with his maid Dulcinea. Realizing
that the affair was going nowhere, Dulcinea told Romeo that she was going back to the province to marry her
childhood sweetheart. Clouded by anger and jealousy, Romeo strangled Dulcinea to death while she was sleeping
in the maids quarters. The following day, Romeo was found catatonic inside themaids quarters. He was brought to
the National Center for Mental Health (NCMH) where he was diagnosed to be mentally unstable.Charged with
murder, Romeo pleaded insanity as a defense.
A. Will Romeos defense prosper? Explain.
B. What is the effect of the diagnosis of the NCMH on the case?
ANSWER:
A. No, Romeo's defense of insanity will not prosper. Insanity to exempt under para 1, Article 12 of the Revised
Penal Code, there must be complete deprivation of intelligence and total deprivation of freedom of will. Insanity
must exist as of the time the commission of the offense, or the accused must have been deranged prior thereto.
Therefore, Romeo cannot raise insanity as a defense because he was not completely deprived of discernment and
freedom of will when he committed the crime and his unstable mental condition came out only after its commission.
B. The effect of the diagnosis of NCHM to the case is that the trial proceedings will be suspended and Romeo shall
be committed to a hospital.
13
Roger, the leader of a crime syndicate in Malate, Manila, demanded the payment by Antonio, the owner of a motel
in that area, of P10,000 a month as "protection money". With the monthly payment, Roger assured, the syndicate
would provide protection to Antonio, his business, and his employees. Should Antonio refuse, Roger warned, the
motel owner would either be killed or his establishment destroyed. Antonio refused to pay the protection money.
Days later, at round 3:00 in the morning, Mauro, a member of the criminal syndicate, arrived at Antonio's home and
hurled a grenade inti an open window of the bedroom where Antonio, his wife and their three year-old daughter
were sleeping. All three of them were killed instantly when the grenade exploded.
State, with reason, the crime or crimes that had been committed as well as the aggravating circumstances, if any,
attendant thereto.

ANSWER:
Both Roger and Mauro being conspirators committed the crime of Murder with qualifying circumstances of
treachery, evident premeditation and nocturnity.
Under Article 8 of the Revised Penal Code, there is conspiracy when two or more persons come to an agreement
concerning a felony and decide to commit it. The acts of Roger and Mauro before or during the commission of the
crime which, when taken together, would be enough to reveal a community of criminal design, as the proof of
conspiracy is frequently made by evidence of a chain of circumstances. Roger did not actually participate in the
actual throwing of the grenade but circumstances show that prior to the incident he threatened to kill Antonio and
his family if he failed to give protection money.
Thus, Roger as the syndicate leader contributed to the whole collective effort to achieve their common criminal
objective. Once conspiracy is shown, the act of one is the act of all the conspirators thus, Roger and Mauro shall
both be charged the crime of Murder.
14
William is the son-in-law of Mercedes who owns several pieces of real property. In 1994, William's wife, Anita, died.
In 1996, William caused the preparation of a Special Power of Attorney (SPA) giving him the authority to sell two (2)

parcels of land registered in the name of Mercedes. The signature of Mercedes in the SPA was forged and, through
this forged SPA and without the consent and knowledge of Mercedes, William succeeded in selling the two (2)
parcels for Php 2,000,000. He pocketed the proceeds of the sale.
Mercedes eventually discovered William's misdeeds and filed a criminal complaint. William was subsequently
charged
with
estafa
through
falsification
of
public
document.
Was the criminal charge proper?
ANSWER:
Yes, the criminal charge is proper. There exists a complex crime of estafa through falsification of public document.
In this case, the falsification of the SPA was such a necessary means as it was resorted to by William to facilitate
and carry out his evil design to swindle Mercedes. He as well used the SPA to sell the two parcels of land to a third
person. The falsification was consummated upon the execution of the SPA, and the consummation of estafa
occurred
when
William
later
utilized
the
SPA.
Therefore, the charge is proper because falsification of the public document was used to facilitate and ensure the
commission of the estafa.
15
Arlene is engaged in the buy and sell of used garments, more popularly known as"ukay-ukay." Among the items
found by the police in a raid of her store in Baguio City were brand-new Louie Feraud blazers. Arlene was charged
with "fencing." Will the charge prosper? Why or why not?
ANSWER:
Yes, the charge of fencing will prosper. The raid conducted by the police in the store of Arlene presupposes the
presumption of a violation to secure the clearance/permit to sell/used second hand articles.
Any person who fails to secure the clearance or permit required by Section 6 of P.D. 1612 shall upon conviction be
punished as a fence. The brand-new Louie Feraud blazer which is offered for sale without prior compliance to the
requirement of securing clearance and permit shall be held in restraint until satisfactory evidence or legitimacy of
acquisition has been established.
Therefore, the charge of fencing will prosper on the ground of failure to secure the necessary permits in the
operation of buy and sell of ukay-ukay.
16
A asked financial support from her showbiz friend B who accommodated her by issuing in her favor a postdated
check in the sum of P90,000.00. Both of them knew that the check would not be honored because Bs account had
just been closed. The two then approached trader C whom they asked to change the check with cash, even
agreeing that the exchange be discounted at P85,000.00 with the assurance that the check shall be funded upon
maturity. Upon Cs presentment of the check for payment on due date, it was dishonored because the account had
already
been
closed.
What action/s may C commence against A and B to hold them to account for the loss of her P85,000.00? Explain.
ANSWER:
C may file a complaint for Estafa by postdating or issuing a bad check and a complaint for violation of BP 22. A and
B can be charged for Estafa because they both issued a check knowing it to be without sufficient funds. The
issuance of the bounced check here was with fraudulent intent that causes damage to C. Hence, deceit and
damage
are
present.
A and B can also be charged for Violation of BP 22, apart from the estafa case, because BP 22 cases makes the
mere act of issuing a worthless check a special offense punishable thereunder.

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