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children, including Amy, now live with
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Qualifications of Adopter (2010)
andrew in his house.
No.IX. Eighteen-year old Filipina Patrice
(A). Is there any legal obstacle to the legal
had a daughter out of wedlock whom she
adoption of Amy by Andrew? To the legal
named
adoption of Sandy by Andrew and Elena?
American citizen John who brought her to
(2%)
live with him in the United States of
Laurie.
America.
John
At
at
26,
Patrice
once
married
signified
his
SUGGESTED ANSWER:
willingness to adopt Laurie.
Yes, there is a legal obstacle to the legal
Can John file the petition for adoption? If
adoption of Amy by Andrew. Under Sec.
yes, what are the requirements? If no, why?
9(d) of RA 8552, the New Domestic
(5%)
Adoption
Act
consent
of
of
1998,
the
the
written
illegitimate
sons/daughters, ten (10) years of age or
over, of the adopter, if living with said
adopter and the latter's spouse, if any, is
necessary
to
the
adoption.
All
the
children of Andrew are living with him.
Andrew needs to get the written consent
of Jon, Ryan, Vina and Wilma, who are
all ten (10) years old or more. Sandy's
consent
to
Amy's
adoption
is
SUGGESTED ANSWER:
No, John cannot file the petition to
adopt
alone.
Philippine
law
requires
husband and wife to adopt jointly except
on certain situations enumerated in the
law. The case of John does not fall in
any of the exceptions (R.A. 8552).
Family Code
not
necessary because she was not legally
Marriage; Annulment; Grounds (2009)
adopted by Andrew. Jane's consent is
likewise not necessary because she is
No.XII. Emmanuel and Margarita, American
not a child of Andrew. Sandy, an orphan
citizens and employees of the U.S. State
since birth, is eligible for adoption under
Department, got married in the African
Sec. 8(f) of RA 8552, provided that
state of Kenya where sterility is a ground
Andrew obtains the written consent of
for annulment of marriage. Thereafter, the
the other children mentioned above,
spouses were assigned to the U.S. Embassy
including Amy and Elena obtains the
in Manila. On the first year of the spouses
written consent of Jane, if she is over
tour of duty in the Philippines, Margarita
ten years old (Sec. 9(d), RA 8552).
filed an annulment case against Emmanuel
before a Philippine court on the ground of
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her husbands sterility at the time of the
shall be determined by applying Kenyan
celebration of the marriage.
law and not Philippine law.
(B). Assume Emmanuel and Margarita are
However, while Kenyan law governs the
both
in
formal validity of the marriage, the legal
up
capacity of the Filipino parties to the
residence in the Philippines. Can their
marriage is governed not by Kenyan law
marriage be annulled on the ground of
but by Philippine law (Article 15, NCC).
Emmanuels sterility? Explain. (3%)
Sterility of a party as a ground for the
Filipinos.
Kenya,
they
After
come
their
back
wedding
and
take
annulment of the marriage is not a
SUGGESTED ANSWER:
No, the marriage cannot be annulled
under the Philippine law. Sterility is not
a ground for annulment of marriage
under Article 45 of the Family Code.
must
apply
Phillippine
law
in
determining the status of the marriage
legal capacity of the Filipino parties.
No, the marriage cannot be annulled in
the Philippines.
Philippine
capacity. Hence, the Philippine court
on the ground of absence or defect in the
ALTERNATIVE ANSWER:
The
matter of form but a matter of legal
Since
sterility
does
not
constitute
absence or defect in the legal capacity of
the parties under Philippine law, there is
court
shall
have
jurisdiction over the action to annul the
marriage not only because the parties
no
ground
to
avoid
or
annul
the
marriage. Hence, the Philippine court
has to deny the petition.
are residents of the Philippines but
because they are Filipino citizens. The
Philippine court, however, shall apply
the law of the place where the marriage
Marriage; Annulment; Grounds (2007)
was celebrated in determining its formal
No. VII. Write "TRUE" if the statement is
validity (Article 26, FC; Article 17, NCC).
true or "FALSE" if the statement is false. If
the statement is FALSE, state the reason.
Since the marriage was celebrated in
(2% each).
Kenya in accordance with Kenyan law,
the formal validity of such marriage is
(4). The day after John and Marsha got
governed by Kenyan law and any issue as
married,
to the formal validity of that marriage
impotent. Marsha continued to live with
John
told
her
that
he
was
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John for 2 years. Marsha is now estopped
No, I do not agree. There are others who
from filing an annulment case against
may file a petition for declaration of
John.
nullity such as the other spouse in
bigamous marriages.
SUGGESTED ANSWER:
FALSE. Marsha is not estopped from
filing an annulment case against John
Marriage; Annulment; Support Pendente
on the ground of his impotence, because
Lite (2010)
she learned of his impotence after the
celebration of the marriage and not
No.V. G filed on July 8, 2000 a petition for
before.
to
declaration of nullity of her marriage to B.
consummate is a valid ground for the
During the pendency of the case, the couple
annulment of marriage if such incapacity
entered into a compromise agreement to
was existing at the time of the marriage,
dissolve
continues and appears to be incurable.
property. B ceded his right to their house
The marriage may be annulled on this
and lot and all his shares in two business
ground
firms to G and their two children, aged 18
Physical
within
incapacity
five
years
from
its
their
absolute
community
of
and 19.
celebration.
B also opened a bank account in the
amount of P3 million in the name of the two
children to answer for their educational
Marriage; Annulment; Parties (2012)
expenses until they finish their college
No.IX.b) A petition for declaration of nullity
degrees.
of a void marriage can only be filed by
either the husband or the wife? Do you
For her part, G undertook to shoulder the
agree? Explain your answer. (5%)
day-to-day living expenses and upkeep of
the
agree.
Under
The
Court
approved
the
spouses agreement on September 8, 2000.
SUGGESTED ANSWER:
Yes,
children.
the
rules
(A) Suppose the business firms suffered
promulgated by the Supreme Court, a
reverses, rendering G unable to support
direct action for declaration of nullity
herself and the children. Can G still ask for
may only be filed by any of the spouses.
support pendente lite from B? Explain. (3%)
ALTERNATIVE SUGGESTED ANSWER:
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Marriage;
SUGGESTED ANSWER:
If B acquiesces and does not file the
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Divorce
Decrees;
Filipino
Spouse Becoming Alien (2009)
action to impugn the legitimacy of the
No.IV. Harry married Wilma, a very wealthy
child within the prescriptive period for
woman. Barely five (5) years into the
doing so in Article 170 of the Family
marriage, Wilma fell in love with Joseph.
Code, G's daughter by another man shall
Thus, Wilma went to a small country in
be
Europe, became a naturalized citizen of
conclusively
presumed
as
the
legitimate daughter of B by G.
that country, divorced Harry, and married
(B) Suppose in late 2004 the two children
had squandered the P3 million fund for
their education before they could obtain
Joseph.
Joseph
year
thereafter,
returned
Wilma
and
and
established
permanent residence in the Philippines.
their college degrees, can they ask for more
(A). Is the divorce obtained by Wilma from
support from B? Explain. (3%)
Harry
recognized
in
the
Philippines?
Explain your answer. (3%)
SUGGESTED ANSWER:
Yes, the two children can still ask for
SUGGESTED ANSRWER :
support for schooling or training for
some professions,
trade
or
vocation,
even beyond the age of majority until
they shall have finished or completed
their education (Article 194, Paragraph
2, Family Code; Javier v. Lucero, 94
Phil.
634
{1954}].Their
having
squandered the money given to them for
their education will not deprive them of
their right to complete an education, or
to
extinguish
the
obligation
of
the
parents to ensure the future of their
children.
As to Wilma, the divorced obtained by
her
is
recognized
Philippines
as
because
valid
she
is
in
the
now
foreigner. Philippine personal laws do
not
apply
to
foreigner.
However,
recognition of the divorce as regards
Harry will depend on the applicability to
his case of the second paragraph of
Article 26 of the Family Code. If it is
applicable, divorce is recognized as to
him and, therefore, he can remarry.
However, if it is not applicable, divorce
is
not
recognized
as
to
him
and,
consequently, he cannot remarry.
ALTERNATIVE ANSWER:
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Yes , the divorce obtained by Wilma is
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SUGGESTED ANSWER :
recognized as valid in the Philippines. At
the time she got the divorce, she was
Yes, he can validly marry Elizabeth,
already a foreign national having been
applying the doctrine laid down by the
naturalized as a citizen of that small
Supreme Court in Republic v. Obrecido
country in Europe. Based on precedents
(427 SCRA 114 [2005]). Under the second
established by the Supreme Court (
paragraph of Article 26 of the Family
Bayot v. CA, 570 SCRA 472 [2008]),
Code, for the Filipino spouse to have
divorce
is
capacity to remarry, the law expressly
recognized in the Philippines if validly
requires the spouse who obtained the
obtained in accordance with his or her
divorce to be a foreigner at the time of
national law .
the marriage. Applying this requirement
obtained
by
foreigner
to the case of Harry it would seem that
(B). If Harry hires you as his lawyer, what
he is not given the capacity to remarry.
legal recourse would you advise him to
This is because Wilma was a Filipino at
take? Why? (2%)
the time of her marriage to Harry.
SUGGESTED ANSWER:
In Republic v. Obrecido, however, the
Supreme Court ruled that a Filipino
I will advice Harry to:
spouse is given the capacity to remarry
(1) Dissolve and liquidate his property
relations with Wilma ; and
the recognition and enforcement of the
judgment
of
divorced
the divorce was a Filipino at the time of
the marriage, if the latter was already a
(2) If he will remarry, file a petition for
foreign
even though the spouse who obtained
(Rule
39,Rules of Court ).
(C). Harry tells you that he has fallen in
love with another woman, Elizabeth, and
wants to marry her because, after all,
foreigner when the divorce was already
obtained abroad. According to the court,
to rule otherwise will violate the equal
protection clause of the Constitution.
Marriage;
Divorce
Decrees;
Foreign
Spouse Divorces Filipino Spouse (2012)
Wilma is already married to Joseph. Can
(b) Cipriano and Lady Miros married each
Harry legally marry Elizabeth? Explain.
other. Lady Miros then left for the US and
(2%)
there, she obtained American citizenship.
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later
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about
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this
proving only that the foreign spouse has
including the fact that Lady Miros has
obtained a divorce against her or him
divorced him in America and that she had
abroad. (1%)
remarried there. He then filed a petition for
authority to remarry, invoking Par. 2, Art.
26
of
the
Family
Code.
Is
Cipriano
capacitated to re-marry by virtue of the
divorce decree obtained by his Filipino
spouse who was later naturalized as an
American citizen? Explain. (5%)
SUGGESTED ANSWER :
FALSE, In Garcia v. Recio , 366 SCRA
437 (2001) , the SC held
Filipino
spouse
to
that for a
have
capacity
to
contract a subsequent marriage, it must
also be proven that the foreign divorced
obtained abroad by the foreigner spouse
SUGGESTED ANSWER:
give such foreigner spouse capacity to
Yes, he is capacitated to remarry. While
the second paragraph of Art 26 of the
Family Code is applicable only to a
remarry.
ALTERNATIVE ANSWER:
Filipino who married a foreigner at the
TRUE, Art 26 (2) (FC), clearly provides
time of marriage, the Supreme Court
that the decree of divorce obtained
ruled in the case of Republic v. Orbecido,
abroad
G.R. No. 154380, 5 Oct, 2005, that the
sufficient
said
spouse to remarry.
provision
equally
applies
to
by
the
to
foreigner
capacitate
spouse
the
is
Filipino
Filipino who married another Filipino at
the time of the marriage, but who was
already a foreigner when the divorce was
Marriage; Legal Separation; Prescription
obtained.
(2012)
No.IV.a)
Marriage;
Divorce
Decrees;
Foreign
Spouse Divorces Filipino Spouse (2010)
No.I. True or False.
(A). Under Article 26 of the Family Code,
when a foreign spouse divorces his/her
Filipino spouse, the latter may re-marry by
After
they
got
married,
Nikki
discovered that Christian was having an
affair with another woman.
But
Nikki
decided to give it a try and lived with him
for two (2) years. After two (2) years, Nikki
filed an action for legal separation on the
ground of Christians sexual infidelity. Will
the action prosper? Explain. (5%)
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the sexual infidelity committed in 2003,
SUGGESTED ANSWER:
Although the action for legal separation
has not yet prescribed, the prescriptive
period being 5 years, if Obecidos affair
with another woman was ended when
the prescriptive period runs from 2003
and
so
on.
The
action
for
legal
separation for the last act of sexual
infidelity in 2005 will prescribe in 2010.
Nikki decided to live with him again,
Nikkis
action
account
of
will
not
condonation.
prosper
on
However,
if
such affair is still continuing, Nikkis
Marriage;
Psychological
Incapacity
(2013)
action would prosper because the action
will surely be within five (5) years from
No.I. You are a Family Court judge and
the commission of the latest act of
before you is a Petition for the Declaration
sexual infidelity. Every act of sexual
of Nullity of Marriage (under Article 36 of
liaison is a ground for legal separation.
the Family Code)filed by Maria against Neil.
Maria claims that Neil is psychologically
incapacitated to comply with the essential
Marriage; Legal Separation; Prescription
(2007)
obligations of marriage because Neil is a
drunkard, a womanizer, a gambler, and a
mama's boy- traits that she never knew or
No.VII. Write "TRUE" if the statement is
true or "FALSE" if the statement is false. If
the statement is FALSE, state the reason.
(2% each).
saw when Neil was courting her. Although
summoned, Neil did not answer Maria's
petition and never appeared in court.
To support her petition, Maria presented
(2). If a man commits several acts of sexual
infidelity, particularly in 2002, 2003, 2004,
2005, the prescriptive period to file for legal
three witnesses- herself, Dr. Elsie Chan,
and Ambrosia. Dr. Chan testified on the
psychological
report
on
Neil
that
she
prepared. Since Neil never acknowledged
separation runs from 2002.
n9r
responded
to
her
invitation
for
interviews, her report is solely based on her
SUGGESTED ANSWER:
interviews with Maria and the spouses'
FALSE. The five-year prescriptive period
minor children. Dr. Chan concluded that
for filing legal separation runs from the
Neil
occurrence
infidelity
Personality Disorder, an ailment that she
committed in 2002 runs from 2002, for
found to be already present since Neil's
of
sexual
is
suffering
from
Narcissistic
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early adulthood and one that is grave and
mere conclusions. Being a drunkard, a
incurable. Maria testified on the specific
womanizer, a gambler and a mamas boy,
instances when she found Neil drunk, with
merely shows Neils failure to perform
another
the
his marital obligations. In a number of
family's resources in a casino. Ambrosia,
cases, the Supreme Court did not find
the
the existence of psychological incapacity
woman,
spouses'
or
current
squandering
household
help,
corroborated Maria's testimony.
in cases where the respondent showed
habitual
drunkenness
(Republic
v.
On the basis of the evidence presented, will
Melgar, G.R. No. 139676, 2006), blatant
you grant the petition? (8%)
display of infidelity and irresponsibility
(Dedel v. CA, 2004) or being hooked to
SUGGESTED ANSWER:
gambling and drugs (Republic v. TanyagSan Jose, G.R. No. 168328, 2007).
No. The petition should be denied.
The psychological incapacity under Art.
36
of
the
Family
Code
must
be
characterized by (a) gravity, (b) juridical
ALTERNATIVE ANSWER:
Yes. The petition should be granted.
antecedence, and (c) incurability. It is
The personal medical or psychological
not enough to prove that the parties
examination
failed to meet their responsibilities and
requirement
duties as married persons; it is essential
psychological
that they must be shown to be incapable
totality of the evidence presented which
of doing so, due to some physiological
shall
(not physical) illness (Republic v. CA and
psychological
Molina, G.R. No. 108763, Feb 13, 1997).
Marcos, G.R. No. 136490, Oct 19, 2000).
In this case, the pieces of evidence
presented are not sufficient to conclude
that
indeed
Neil
psychological
Personality
before
the
is
suffering
incapacity
Disorder]
marriage,
from
[Narcissistic
existing
already
incurable
Dr.
of
respondent
for
Chans
Marias
therefore,
the
incapacity
report
and
not
declaration
incapacity.
determine
is
It
of
is
the
existence
of
(Marcos
v.
corroborated
Ambrosias
sufficiently
by
testimonies,
prove
Neils
psychological incapacity to assume his
marital obligations.
and
serious enough to prevent Neil from
performing
his
essential
marital
obligations. Dr. Chans report contains
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the said report is the only evidence of
respondents psychological incapacity.
No.II.b) The petitioner filed a petition for
declaration of nullity of marriage based
Marriage; Requisites (2008)
allegedly on the psychological incapacity of
the respondent, but the psychologist was
No. III. Roderick and Faye were high school
not
the
sweethearts. When Roderick was 18 and
respondent and the psychological report
Faye, 16 years old, they started to live
was
of
together as husband and wife without the
be
benefit of marriage. When Faye reached 18
able
to
based
petitioner.
personally
only
on
Should
examine
the
the
narration
annulment
years of age, her parents forcibly took her
granted? Explain. (5%)
back and arranged for her marriage to
Brad. Although Faye lived with Brad after
SUGGESTED ANSWER:
The annulment cannot be guaranteed
solely on the basis of the psychological
report. For the report to prove the
psychological
respondent,
it
incapacity
of
the
is
that
the
required
psychologist should personally examine
the respondent and the psychological
report
should
be
based
on
the
psychologists independent assessment
of the facts as to whether or not the
respondent
is
psychologically
incapacitated.
Since,
the
the
marriage,
Roderick
continued
to
regularly visit Faye while Brad was away at
work. During their marriage, Faye gave
birth to a baby girl, Laica. When Faye was
25 years old, Brad discovered her continued
liason with Roderick and in one of their
heated arguments, Faye shot Brad to death.
She lost no time in marrying her true love
Roderick,
without
marriage
license,
claiming that they have been continuously
cohabiting for more than 5 years.
(A). Was the marriage of Roderick and Faye
psychologist
did
not
personally examine the respondent, and
valid? (2%)
SUGGESTED ANSWER:
his report is based solely on the story of
the petitioner who has an interest in the
No. The marriage of Roderick and Faye is
outcome of the petition, the marriage
not valid. Art. 4, FC provides that the
cannot be annulled on the ground of
absence of any of the essential or formal
respondents psychological incapacity if
requisites renders the marriage void ab
initio.
However,
no
license
shall
be
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necessary for the marriage of a man and
reqiured to submit the required certificate
a woman who have lived together as
of capacity to marry from the German
husband and wife for at least 5 years and
Embassy in Manila, Adolf stated in the
without any legal impediment to marry
application for marriage license that he was
each other. In Republic v. Dayot, G.R.
a Filipino citizen. With the marriage license
No. 175581, 28 March 2008, reiterating
stating that Adolf was a Filipino, the couple
the doctrine in Nial v. Bayadog, G.R.
got married in a ceremony officiated by the
No. 133778, 14 March 2000, this five-
Parish Priest of Calamba, Laguna in a
year
beach in Nasugbu, Batangas, as the local
period
exclusivity
is
and
characterized
continuity.
by
In
the
parish
priest
refused
to
solemnize
present case, the marriage of Roderick
marriages except in his church. Is the
and Faye cannot be considered as a
marriage valid? Explain fully. (5%)
marriage
of
exceptional
character,
because there were 2 legal impediments
during their cohabitation: minority on
the part of Faye, during the first two
years of cohabitation; and, lack of legal
capacity, since Faye married Brad at the
age of 18. The absence of a marriage
license made the marriage of Faye and
Roderick void ab initio.
SUGGESTED ANSWER:
No. The marriage is not valid. Art. 41 FC
allows the present spouse to contract a
subsequent
marriage
during
the
subsistence of his previous marriage
provided that: (a) his prior spouse in the
first marriage had been absent for four
consecutive years; (b) that the spouse
present has a well-founded belief that
the absent spouse was already dead, and
Marriage; Subsequent Marriage (2008)
(C) present spouse instituted a summary
No. I. Ana Rivera had a husband, a Filipino
proceeding for the declaration of the
citizen
the
presumptive death of absent spouse.
passengers on board a commercial jet plane
Otherwise, the second marriage shall be
which crashed in the Atlantic Ocean ten
null and void. In the instant case, the
(10) years earlier and had never been heard
husband
of ever since. Believing that her husband
passengers on board a commercial jet
had died, Ana married Adolf Cruz Staedtler,
plane which crashed in the Atlantic
a divorced German national born of a
Ocean.
German
father
mother
husband was not recovered to confirm
residing
in
being
his death. Thus, following Art. 41, Ana
like
her,
who
and
Stuttgart.
was
among
Filipino
To
avoid
of
The
Ana
body
was
of
among
the
the
deceased
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should
have
first
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while Jane is a child of Elena from a
declaration of his presumptive death
previous
before she married Adolf. The absence of
marriage is not one of the prohibited
the
marriages enumerated under Art. 38 of
said
judicial
declaration
incapacitated Ana from contracting her
relationship.
Thus,
their
the FC.
second marriage, making it void ab
initio.
Marriage; Void Marriages; By Reason of
Marriage; Void Marriages; By Reason of
Public Policy (2007)
Public Policy (2008)
No. VII. Write "TRUE" if the statement is
true or "FALSE" if the statement is false. If
No.V. Despite several relationships with
the statement is FALSE, state the reason.
different
(2% each).
unmarried.
women,
His
Andrew
first
remained
relationship
with
Brenda produced a daughter, Amy, now 30
(5). Amor gave birth to Thelma when she
years old. His second, with Carla, produced
was 15 years old. Thereafter, Amor met
two sons: Jon and Ryan. His third, with
David and they got married when she was
Donna, bore him no children although
20 years old. David had a son, Julian, with
Elena has a daughter Jane, from a previous
his ex-girlfriend Sandra. Julian and Thelma
relationship. His last, with Fe, produced no
can get married.
biological
children
but
they
informally
adopted without court proceedings, Sandy's
now 13 years old, whom they consider as
their own. Sandy was orphaned as a baby
and was entrusted to them by the midwife
who attended to Sandy's birth. All the
children, including Amy, now live with
andrew in his house.
(D). Can Jon and Jane legally marry? (1%)
SUGGESTED ANSWER:
TRUE.
Julian
and
Thelma
can
get
married. Marriage between stepbrothers
and
stepsisters
are
not
among
the
marriages prohibited under the Family
Code.
Marriage;
Void
Marriages;
Property
SUGGESTED ANSWER:
Relations (2009)
Yes. Jon and Jane can marry each other;
No. III. In December 2000, Michael and
Jon is an illegitimate child of Andrew
Anna, after obtaining a valid marriage
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 30 of 180
Civil Law Q&As (2007-2013)
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
license, went to the Office of the Mayor of
impediment for them to validity marry
Urbano,
each other.
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
Marriage;
required
Children (2009)
marriage
contract
forms.
The
Void
Marriages;
Status
of
secretary then told them to wait, and went
out to look for the Mayor who was attending
No. III. In December 2000, Michael and
a wedding in a neighboring municipality.
Anna, after obtaining a valid marriage
license, went to the Office of the Mayor of
When the secretary caught up with the
Urbano,
Mayor
she
Mayor was not there, but the Mayors
showed him the marriage contract forms
secretary asked Michael and Anna and
and told him that the couple and their
their witnesses to fill up and sign the
witnesses were waiting in his office. The
required
Mayor forthwith signed all the copies of the
secretary then told them to wait, and went
marriage
out to look for the Mayor who was attending
at
the
wedding
contract,
gave
reception,
them
to
the
secretary who returned to the Mayors
Bulacan, to get married. The
marriage
contract
forms.
The
a wedding in a neighboring municipality.
office. She then gave copies of the marriage
contract to the parties, and told Michael
When the secretary caught up with the
and Anna that they were already married.
Mayor
Thereafter, the couple lived together as
showed him the marriage contract forms
husband and wife, and had three sons.
and told him that the couple and their
at
the
wedding
reception,
she
witnesses were waiting in his office. The
(C). What property regime governs the
Mayor forthwith signed all the copies of the
properties acquired by the couple? Explain.
marriage
(2%)
secretary who returned to the Mayors
contract,
gave
them
to
the
office. She then gave copies of the marriage
SUGGESTED ANSWER:
contract to the parties, and told Michael
and Anna that they were already married.
The marriage being void, the property
Thereafter, the couple lived together as
relationship that governed their union is
husband and wife, and had three sons.
special co-ownership under Article 147
of the Family Code. This is on the
(A). Is the marriage of Michael and Anna
assumption
valid,
that
there
was
no
voidable,
or
void?
Explain
your
answer. (3%)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 31 of 180
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SUGGESTED ANSWER :
dbaratbateladot@gmail.com
(C). When Rona reaches seven (7) years old,
she tells Rodolfo that she prefers to live
The marriage is void because the formal
with
requisite
financially than Nanette. If Rodolfo files an
of
marriage
ceremony
was
absent ( Art.3, F.C. 209, Family Code).
him,
because
he
is
better
off
action for the custody of Rona, alleging that
he is Ronas choice as custodial parent, will
ALTERNATIVE ANSWER:
The
marriage
is
void
the court grant Rodolfos petition? Why or
because
an
why not? (2%)
essential requisite was absent: consent
of
the
parties
freely
given
in
the
SUGGESTED ANSWER:
presence of the solemnizing officer (Art
No, because Rodolfo has no parental
.2, FC).
authority over Rona. He who has the
parental
authority
has
the
right
to
(B). What is the status of the three children
custody. Under the Family Code, the
of Michael and Anna? Explain your answer.
mother alone has parental authority over
(2%)
the illegitimate child. This is true even if
illegitimate father recognized the child
SUGGESTED ANSWER:
and even though he is giving support for
The children are illegitimate, having
the child. To acquire custody over Rona,
been born outside a valid marriage.
Rodolfo should first deprive Nanette of
parental authority if there is ground
under the law, and in a proper court
Parental Authority; Illegitimate Minor
proceedings. In the same action, the
Child (2009)
court may award custody of Rona to
No.XIV. Rodolfo, married to Sharon, had an
Rodolfo if it is for her best interest.
illicit affair with his secretary, Nanette, a
19-year old girl, and begot a baby girl,
Rona. Nanette sued Rodolfo for damages:
actual, for hospital and other medical
expenses
in
delivering
No.VI. Gigolo entered into an agreement
caesarean section; moral, claiming that
with Majorette for her to carry in her womb
Rodolfo
her,
his baby via in vitro fertilization. Gigolo
representing that he was single when, in
undertook to underwrite Majorettes pre-
fact, he was not; and exemplary, to teach a
natal expenses as well as those attendant
to
child
(2010)
by
promised
the
Parental Authority; In Vitro Fertilization
marry
lesson to like-minded Lotharios.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 32 of 180
