Ateneo de Manila University

School ofLaw
Mid - Term Examinations
Civil Law Review I
IV-A and C

29 July 2013
Dean C.R.del
(〕 astillo

INSTRUCTIONS:Read the facts carefully.Answer solely based on the set of facts

Eliveno All answers must be bHef and concisc,but must exF)lain clearly the reasons。
/ゝ nswers without sufflcient explanation win not be entitled to any credit.All answers

FnuSt be written sequentially,without blank spaces bctween lines or ntlmbers.Unless

absolutely necessary, all answers should be wntten on only the front side of each
page.

For question no.7,choose only one answer.Indicate your choice by just writing the
letter and nllmber in yollr booklet,No other Ⅵritings should appear in this section of
).Ollr answer.

1. The Philippine Congress passed a law allowlng st ages in the

Philippines.The approved legislation pЮ vides that it shall tそ 山しJLct
immedialeln― ication.The President signed it into law,and
im“ ediately thereafter,the entire text of the new legisiation was posted in
the WehSite Ofthe House ofRepresentat市 es and the Senateo Eindar aft堅
it appeared on the wcbsite ofboth houses,3Qng,WhO Was b^m n male but
had a sexual reasslgnment a couple of years before the new iaw was
passed,and his boD山 土理量塾魯 p,applied for a ma壼 軸野」血lnseo The C市 il
Registrar of Makati re¨ uC them a marnage license since both
their birth certiflcates indicate thtt they are males. Ifhe is¨ obtain
ammぬ F山∝ nse to be abl…y in the Philippines,Bong and Step,
both Filipinos,plan4o43aw in London where s(班 nSx‐ 瑠riage is lq諄 1.
They however,il■ ￡nd to llⅥ
=in the Philippines。

a)Can the civil Registrar of Makati be compelled to issue the marriage

license?(5%)
b)If they mav in London,will the marnagc be recognized in the
Philippines?(5%)
C)If they mary in London and l市 e in the Philippines,what regllne of
pЮ perty relationship wil1 80Vem them?(5%)

2. Mikos is a US ciliZen OfGreck ancestry,and is cnfagcd in business in the

Phttn)ines.He wmtsto many ttnち a Phi蜘 画壁 citiZen,and his live‐ in
partner for more than ttars.They live in a condominium unit owned by
Mikos in SaLCQ Village, Makatio Hc also owlts a building i■ _moit,
uSA,and 10o000‐ Shares in Lion_Air lnc.,a company organized underthe
law〔 ョ止 趾 螂 apOre with a branch nttce in Mttati.The weddi_ng ls to be
solemnized in c市 il rites in』回上■ldonesia.In appreciation of their more
than 10 years of being together tt in anticipation of their forthcoming
 理甲 iage,Mik()s donated to電 コM befOre lhe wedding,the Salcedo Village
condQttinium unit and hal色ゴ the l′ ion Ai■ sharcs.Whatlaws will govem:

→ the Capacity ofthe partics to validly marry?(3%)

b)the authOrity ofthe solemnizing offlccr to the m面 age?(3%)
C)the Systetrl of property relations of the parties after the celebration of
the marriage?(3%)
d)the f0111laHties required for the transfer of the pЮ pe■ ies donated by
Mikos to Trina?(3%)and
e)THna's五 gllt to inhe五 t from Mikos、 vllen the latter passes away?(3%)

3. P理ン羮on, a citizen_of」 Sonth Africa, 1)roposed mttage to ttlen. The

wedding datc and place in South Africa,including the honeymoon,was
set.Invitations were also sellt outlo lhdy and friends,Prdon paid for all
the charges for the venucof the weddinl;and the rccttption,and paid the
down lxり 4nent for their Euttqp饉 劉QJollr.I[elen,on the other hand,paid for
her weddin「 dress and the gow壼 二」f those in the entollragc.In
consideratinn´ Of the marriage,ヽ 4ariano,lhe principal_onsor gittd theln
with a condomini― mit which was registered in the namば i壁』en.The
day before the wedding,Preston found oけ t that Hclen haw daughter who
waLbom when Helen_watt only 12基 Is oldo For this reason,he dianot
sho_tr tlle wedding ceremony and almollved that the wedding was
cancQlled,although Hclen's fainlly had already flown to South Africa.

a)What action,if any,can Helen succcssi11ly inttitute against Preston?

(5%)
b)MuSt Helcn retum the condominiЩ llinitto Mariano?(5%)
C)If the wedding had been cclebrated,would Preston have any legal
ground to suc in the Philippines for 2rtllullnent,declaration ofnullity or
lcgal separation for Helen's failllre to disclose her previous pregnancy?
(50/0)
d)If the marriage is celebrated and PFeStOn instead decides to■ le for
divorce in South Africa,can Helen r(〕 Inarry and what is the procedllre
for doing that ifshe decides to remarry in the Philippines?(5%)

Tttya is the d曇 導hter of Victor,a widolⅣ er.Bieny,on thc other hand,isl

虐′
4. ¨︲
the sQn of Antoniap a widow.Both Victor and Antonia's spouses passed

剛
い
away a few ycars back.Victor and Antonia met in a ptty,began dating,
and within a few months,were marrktt in 2005。 At the time of thel
marriage,Vi9Ю r oWned a hol曼 e and lot that he had acquired during his,
prevlous marriage.This is where Victα コnd AntOnia Set up home with
their respOclive children after the ntarria〔 ;eo Antonia did n… anything
except a coll∝ ti∞ ЮtteЧ ed hel
"lry awhich
beforc he died. In less than her deceased
year,Tanya hisband
and Bie■ hadwanted
y also gi■ to gel
maHed,but their parents,Victorand Antonia o嚇 tcd・ B鳳 y,aged 23,
and Tanya,aged知 らthCrcforc elQlped and got maried before the lttyor ol.
the nc_ighbo五 1lg town.In their application for a marriage license,both
Bieny and Tanya said thatthey were b… ears 01d・
 a) What is the regime of property relationship governing Victor and
Antonia? (5%)
b) Can Victor donate the house and lot to Tanya, and Antonia also donate
her jewelry to Bieny, without the consent of their r;pouses? (5%)
c) Is the marriage between Bieny and Tanya valid, void or voidable?
(s%)
ξフ

Mjgr, d |.4ryty<:r, married Kara in 20Ir9 after discovering that she was
piegnant, but they did not-live together One-month after the marriage,
Migs-4oved to another town and di$ppeared. In May ?0f 0, Migs-manied
Sharon and in Junp2010, he fiied an action to annul his marriage tol(ara
on the ground that he was coerged by Krua's father to marry her. In July
20!0, Kara filed a crim.inal case for bigarny against Migs, and in lhe
following month of August 2010, she filed an administrative case for
diShq{nent against him for commission rrf o crime and imUorality. Migs
filed a motion in both the criminal and acrninistrative cases to suspend the
procqgdines in order to await the-r:utcorne of the annulment case.

a) Is the issue in the annulment case a prejudicial question? (5%)

b) Can Migs be convicted of bigamy? (5"/o)
c) If Migs' marriage to Kara is later annulled by the court, what is the
effect of such ruling on Migs' marriag,e to Sharon'l (5%)

6. Jam and Shq.v/i livefuogether in the US without benefit of marriage. ThroughToo .*l;"
physically_ separated from his wjfe, Janqle_marriage to Jean had not been
terminated. Jean, before the marriage-loJa]€, had a son*Jack. After living "o^13'
together for more than five (5) years of unrono Jam and Shawi's joi1t-bank
account posted a balance of US $!Vl in deposit, all of which came from Shawi's
earnings. Jam, who was contented in his role as "househusband", neyetworked
or eamed any income during thg union, altt'ough he had propefii€s-inherited
from his frarents. Aside from the bank-accornt, no ofher assets were acquired
dtningfhe-union. After Jam and Sharrn's five (5) year-union, Jeandied'

a) Who owns the US $lM bank deposit (and interest) jointly in the name
Jam and Shawi? (57o)
b) Can Jam and Shawi immediately ard validly get married after the
death of Jam's wife? Do they need a rnarriage license? (5%)
c) Can Jack file an action to declare Jam lnd Shawi's wedding void? (5%)

7. M_Dng's parents died in an accident many yerrs ago whetr he was still in grade
pttoot. His aunt N4atilda, the only-sister of his deceased mom, raised him and
his younger brother as if they were her_ormL although Matilda ne-verJegally
adoped them. When he was J8*years old and still in high school, he fell in
love with N-ina, the only-daughter of Matilia' He wanted to marry Nina but
was dissuaded frorn doing so by his aunt.

a) If Miong marries Nina, the marriage rvould be:

(i) Valid because there is no impediment;
(ii) Voidable since Matilda has not given consent;
(iii) Void for being incestuotts; or
 (iv) Void for being against public policy.

When Miong went to college, he met Sheryl, and this time he was so in love
with her that Miong again planned to marry her. In order to make sure that
Miong forgets about Nina, Matilda consenteri to the marriage even if Miolg
* only 19, and Sheryl, 18. Matilda signed the marital consent portion of the
maniagl license application. Sheryl's parents also consented, and the maniage
ficensJapplication was filed in Angono, Rizall where neither Miong nor Sheryl
resided.

b) If Miong marries Sheryl on the basis of a marriage license issued by

the Civil Registrar of Angono, the marriage would be:
(i) Valid because all the essrential and formal rsquirements
were complied with; 've
(iD Voidable because an aunt cannot glr consent to the
marriage of a nePhew;
(iii) void because of absence oj. a formal requirement; or
(iv) Void because the parties are both underage'

Since he was still i.n school, Miong asked Sh,lryl if they can live with Matilda
in her house since he could not afford to buy her a house or rent an apartment.
Sheryl refused since Nina would be in the serrne house. Instead, Sheryl asked
that ihey live with her parents in Taytay. Miong refused since it would be
very
diffrculi for him to commute daily to school. The couple had a big fight, with
neither of them giving in.

c) To resolve the situation:

(i) They should live in Matilda's house since the husband's
lecision prevails;
(ii) They should live with Sheryl's parents since she has a valid
reason for not staying in Matilda's house;
(iiD They should go to court to fix their conjugal dwelling; or -
iiu) They should ast for a family council meeting to resolve the
issue.

Being young and still in college, Miong uas invited by friends to

go out
drinking. HJ got so drunk thaihe did npt lKnow what went on after a few
he had
rounds of drink. He woke up in a motel with Jana and realized that
picture in
intimate relationship with hei. Jana playfully took her and Miong's
to
the bed, both still without clothes, Jsing his own mobile phone, intending
a shower later
erase it later. Jana forgot to do so and when Miong was taking
in his home, Sheryl saw the picture in Miong's mobile phone. Sheryl nagged
Miong for months about the issue until she clecided to file an action for legal
separation.

d).(DWillnotpro'p.'becauseMiongwasdrunkwhenit
The action for legal seParation:

happened and the incident took place without his consent;

(ii) Will be dismissed because of mutual guilt; or
(iii) will prosper because an act of sexual infidelity happened.
The spouses were later able to resolve all their differences and both became
lawyers. Sheryl applied in a law firm and she was hired instantly. She worked
diligently, spending days and most nights in the offrce. She became a very
successful lawyer and earned a lot in attoint;y's fees. With her earnings, she
paid for the down payment of a house and lot and was so excited to tell Miong
about it. Instead, Miong told her that havinlg a house of their own does not
matter if Sheryl will continue to work as heurl. He, in no uncertain terms, told
her to resign from work and just stay at honte. Sheryl refused and continued
working.

e) Who owns Sheryl's earnings and who is liable for the remaining
payments on the house and lot?
(i) The earnings and the liabilities belong to, and are owed by,
the absolute community;
(iD The earnings belong to the absolute community while the
liabilities are solely that of Sheryl's; or
(iii) The earnings and the liabilities belong to, and are owed by,
Shervl alone.

―
NOTHING FOI″ 10WS―