A.

Under Article 26 of the Family Code, when a foreign spouse obtain their college degrees, can they ask for more
divorces his/her Filipino spouse, the latter may re-marry by support from B? Yes, it is the obligation of both the
proving only that the foreign spouse has obtained a divorce against mother and father to support for schooling until they
her or him abroad. finished it.
B. Give at least two reasons why a court may assume jurisdiction over E. Gigolo entered into an agreement with Majorette for her to carry in
a conflict of laws case. her womb his baby via in vitro fertilization. Gigolo undertook to
Statue Theory: there is a domestic law authorizing the underwrite Majorette’s pre-natal expenses as well as those
local court to assume jurisdiction. attendant to her delivery. Gigolo would thereafter pay Majorette P2
Comity Theory: the local court assumes jurisdiction based million and, in return she would give custody of the baby to him.
on the principle of comity or courtesy. After Majorette gives birth and delivers the baby to Gigolo
C. Spouses B and G begot two offsprings. Albeit they had serious following her receipt of P2 million, she engages your services as
personality differences, the spouses continued to live under one her lawyer to regain custody of the baby.
roof. B begot a son by another woman. G also begot a daughter by a. What legal action can you file on behalf of Majorette?
another man. File a petition of habeas curpos to recover her child.
a. If g gives the surname of B to her daughter by another Provided by law children born out of wedlock are
man, what can B do to protect their legitimate children’s considered illegitimate thus the custody is always to the
interests? Impugn biological reasons proved by DNA mother.
D. G filed on July 8, 2000 a petition for declaration of nullity of b. Can Gigolo demand from Majorette the return of the P2
marriage to B. During the pendency of the case, the couple entered million if he returns the baby? No, both he and Majorette
into a compromise agreement to dissolve their absolute community will be guilty of Anti-Child Abuse Law on child
of property. B ceded his right to their house and lot and all his trafficking.
shares in two business firms to G and their two children, aged 18 c. Who of the two exercises parental authority of the child?
and 19. B also opened a bank account in the amount of P3 million Mother, because the baby was born out of wedlock thus
in the name of the two children to answer for their educational the child is illegitimate making her the sole parent having
expenses until they finish their college degrees. For her part, G exclusive parental authority and custody.
undertook to shoulder the day-to-day living expenses and upkeep d. Is the child entitled to support and inheritance from
of the children. The court approved the spouses’ agreement on Gigolo? It depends. If Gigolo recognizes the child has his
September 8, 2000. illegitimate in accordance with Art 175 in relation with
a. Suppose the business firms suffered reverses, rendering G Art 172, the child is entitled to support and inheritance.
unable to support herself and the children. Can G still ask F. G and B were married on July 3, 1993. On March 4, 1994 the
for support pendente lite from B? Yes, during the marriage which bore no offspring was declared void ab initio under
pendency of their nullity of marriage it is still presumed Art. 36, Psychological Incapacity. At the time of the dissolution of
that they are husband and wife and as part of their the marriage, the couple possessed the following properties:
obligations, they shall render mutual help and support, a. A house and lot acquired by B on Aug 3, 1998, one third
pay it in their separate properties. of the purchased price (pre down payment) of which he
b. Suppose in late 2004 the two children had squandered paid; one third was paid by G on Feb 14, 1990 out of a
their P3 million fund for their education before they could cash gift given to her by her parents on her graduation on
 Apr 6, 1989; and the balance was paid out of the spouses’ willingness to adopt Laurie. Can John file the petition for
joint income; and adoption? If yes, what are the requirements? If no, why?
b. An apartment unit donated to B by an uncle on June 19, a. No, under Phil Law it must be jointly made except in
1987. cases *art 184. John does not fall under these.
i. Who owns the foregoing properties? I. In 1997, B and G started living together without the benefit of
marriage. The relationship produced one offspring, Venus. The
-since the marriage was declared ab initio in 2001, couple acquired a residential lot in Paranaque. After four years or
no Absolute Community or Conjugal Partnership in 2001, G having completer her 4-year college degree as a
was ever established. Their property relation is fulltime student, she and B contracted marriage without a license.
governed by “special co-ownership” under Art 147. The marriage of B and G was two years later declared null and
All properties bought from wages and salaries void due to absence of a marriage license.
within the cohabitation shall be considered a. If you were the judge who declared the nullity of
co-owned. Thus, co-equally B and G own the marriage, to whom would you award the lot? *Art 147,
house and lot. However, the apartment is wholly special co-ownership. Having acquired the property
owned by B because he acquired it from a during cohabitation, it is presumed that it is bought from
gratuitous title not from his wages or salary. joint work and industry. Thus, they are co-owners and
ii. If G and B had married on July 3, 1987 and their they have co-equal share of the lot.
marriage was dissolved in 2007, who owns the b. Is Venus legitimate, illegitimate or legitimated? *Art 165,
properties? Same in the preceding paragraph, also children conceived and born outside a valid marriage are
see Ar illegitimate. Venus was legitimated when B and G got
married but it was considered void ab initio due to lack of
G. Spouses Rex and Lea bore two children now aged 14 and 8. essential requirement, thus under Art 178 legitimation
During the subsistence of their marriage, Rex begot a child by subsist from a valid marriage and may not be affected
another woman. He is now 10 years of age. On Lea’s discovery of only by VOIDABLE marriages.
Rex’s fathering a child by another woman, she filed a petition for J. On May 5, 1986, 16 yr old Rozanno, who was issued a student
legal separation which was granted. Rex now want to adopt his permit drove to school a car a gift from his parents. On even date,
illegitimate child. as his class was rescheduled to go on a field trip, his teachers
a. Whose consent is needed for Rex’s adoption of his requested him to accommodate in his car, as he did, four of his
illegitimate child? Consent of the 14 yr old legitimate classmates because the van rented by the school was too crowded.
child, 10 yr old illegitimate child and the biological On the way to a museum which the students were scheduled to
mother of the illegitimate child *Art 188 visit, Rozanno made a wrong maneuver, causing a collision with a
b. If there is no legal separation, can Rex still adopt his jeepney. One of his classmates died. He and the three others were
illegitimate child? Yes, with the consent of his wife *Art badly injured.
185 and 188 a. Who is liable for the death of Rozanno’s classmate and
H. 18-yr old Filipina Patrice had a daughter out of wedlock whom she the injuries suffered by Rozanno and his 3 other
named Laurie. At 26, Patrice married American citizen John who classmates? *Art 218, special parental authority are the
brought her to live with him in USA. John at once signified his teachers or individual entity or institution engaged in
 child care shall take responsibility of the minor during
their custody. Whether the authorized activities are done
inside or outside the school premises. *Art 219 Thus,
those given such authority shall be primarily liable for the
damages incurred by the minor by acts or omission.
b. How about the damage to the jeepney? Only he because it
was his own negligence.
c. If it occurred in year 1994, Rozanno is 21 already? Art
218 and 219 does not apply because he is already of
majority age and has emancipated. He is solitarily liable.
K. A dead child can be legitimated? Yes, the law does not require the
child be alive during the legitimation. *Art 177 and 178, children
born outside a wedlock of benefit of marriage and are not
disqualified to marry can be legitimated, and legitimation occurs as
soon as subsequent valid marriage made. *Art 181
L. Dr. Lopez, a 70 year old widower and his son Roberto both died in
a fire that gutted their home while they were sleeping in their
air-conditioned rooms. Roberto’s wife Marilyn and their 2 children
were spared because they were in the province at that time. Dr.
Lopez left an estate worth P20M and a life insurance policy in the
amount of P1M with his three children-one of whom is Roberto-as
beneficiaries. Marilyn is now claiming for herself and her children
her husband;s share in the estate left by Dr. Lopez and and her
husband’s share in the proceeds of Dr. Lopez’s life insurance
policy. Rule on the validity of Marilyn’s claims with reasons. She
cannot claim under *Art 43 if no one alleges who dies first they are
presumed to have died together and no transmission of rights. Dr.
Lopez and Roberto died together thus no proof that there was
transmission of rights.