Professional Documents
Culture Documents
CIVIL LAW
1. PH and LV are HK Chinese. Their parents are now Filipino citizens who live
in Manila. While still students in MNS State, they got married although they
are first cousins. It appears that both in HK and in MNS State first cousins
could marry legally. They plan to reside and set up business in the
Philippines. But they have been informed, however, that the marriage of
first cousins here is considered void from the beginning by reason of
Public policy. They are in a dilemma. They dont want to break Philippine
law, much less their marriage vow. They seek your advice on whether their
civil status will be adversely affected by Philippine domestic law? What is
your advice? (5%)
2. At age 18, Marian found out that she was pregnant. She insured her own
life and named her unborn child as her sole beneficiary. When she was
already due to give birth, she and her boyfriend Pietro, the father of her
unborn child, were kidnapped in a resort in Bataan where they were
vacationing. The military gave chase and after one week, they were found
in an abandoned hut in Cavite. Marian and Pietro were hacked with bolos.
Marian and the baby she delivered were both found dead, with the babys
umbilical cord already cut. Pietro survived.
a. Can Marians baby be the beneficiary of the insurance taken on the
life of the mother?
b. Between Marian and the baby, who is presumed to have died ahead?
c. Will Pietro, as surviving biological father of the baby, be entitled to
claim the proceeds of the life insurance on the life of Marian? (10%)
5. Gemma filed a petition for the declaration of nullity of her marriage with
Arnell on the ground of psychological incapacity. She alleged that after 2
months of their marriage, Arnell showed signs of disinterest in her,
neglected her and went abroad. He returned to the Philippines after 3 years
but did not even get in touch with her. Worse, they met several times in
social functions but he snubbed her. When she got sick, he did not visit her
even if he knew of her confinement in the hospital. Meanwhile, Arnell met
an accident which disabled him from reporting for work and earning a
living to support himself. Will Gemmas suit prosper? Explain. (5%)
(i) If the wife discovers after the marriage that her husband has AIDS"
(ii) If the wife goes (to) abroad to work as a nurse and refuses to come
home after the expiration of her three-year contract there.
(iii) If the husband discovers after the marriage that his wife has been a
prostitute before they got married.
(iv) If the husband has a serious affair with his secretary and refuses to
stop notwithstanding advice from relatives and friends.
(v) If the husband beats up his wife every time he comes home drunk.
(10%)
9. 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 childrens 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. (10%)
10. Saul, a married man, had an adulterous relation with Tessie. In one of the
trysts, Sauls wife, Cecile, caught them in flagrante. Armed with a gun,
Cecile shot Saul in a fit of extreme jealousy, nearly killing him. Four (4)
years after the incident, Saul filed an action for legal separation against
Cecille on the ground that she attempted to kill him.
(a) If you were Sauls counsel, how will you argue his case?
(b) If you were the lawyer of Cecile, what will be your defense?
(c) If you were the judge, how will you decide the case? (10%)
11. Pedro promised to give his grandson a car if the latter will pass the bar
examinations. When his grandson passed the said examinations, Pedro
refused to give the car on the ground that the condition was a purely
potestative one. Is he correct or not? (5%)
12. Are the following obligations valid, why, and if they are valid, when is the
obligation demandable in each case?
(a) If the debtor promises to pay as soon as he has the means to pay;
(b) If the debtor promises to pay when he likes;
(c) If the debtor promises to pay when he becomes a lawyer;
(d) If the debtor promises to pay if his son, who is sick with cancer, does
not die within one year. (5%)