1

BIT INTERNATIONAL COLLEGE

COLLEGE OF LAW
City of Tagbilaran

CIVIL LAW REVIEW I

PRELIMINARY EXAMINATION

ATTY. LILIO J. AMORA, JR.

OCTOBER 16, 2022

NAME: ROLDAN C. CAÑADA

INSTRUCTIONS

1. For those students who are answering with notebooks: Make

your answers legible. Screenshot your answers CLEARLY, in a
PORTRAIT orientation and send it to my messenger (jun morje)
or my email ad: liliojamorajr@gmail.com

Jose filed an action for the custody of Totoy, a five-year-old boy who is his
legitimate child with Katya on the ground of lesbianism on the part of the latter. You are
the judge. What will be your decision? Why?

Ans.

Jose cannot acquire the custody of Totoy on the grounds of lesbianism only.

Under Art. 229 of the Family Code, parental authority may be terminated if there
is a judicial declaration of absence or incapacity of the person exercising parental
authority.

In the case given, mere lesbianism is not a ground for a parent to be not capable
in exercising parental authority.

Thus, Katya can continue her parental authority of Totoy.

II

Is lesbianism manifestation of psychological incapacity?

Ans.
1|Page
 2

No.

In Santos v. Court of Appeals,18 the Court first declared that psychological

incapacity must be characterized by (a) gravity; (b) juridical antecedence; and (c)
incurability. It should refer to "no less than a mental (not physical) incapacity that causes
a party to be truly incognitive of the basic marital covenants that concomitantly must be
assumed and discharged by the parties to the marriage."19 It must be confined to the
most serious cases of personality disorders clearly demonstrative of an utter insensitivity
or inability to give meaning and significance to the marriage.

In the case of lesbianism, it doesn’t necessary follow that being lesbian means
being not capable in complying the basic marital covenants or inability to give meaning
and significance with the marriage. However, it is a different case if there is a
concealment of sexuality.

Thus, lesbianism is not enough to conclude a marriage null and void.

III

Juan and Librada were sweethearts and out of that relationship, an illegitimate
child was born who was baptized Xyrus. After the birth of Xyrus, Juan went to Manila to
look for a job and since that time, his whereabouts were unknown to Librada. But Xyrus
was treated as next of kin by Juan’s parents and siblings. When Xyrus was one year old,
Librada met Longley, an American divorcee. Longley courted Librada and promised to
marry her upon his return from the USA. Longley went back to the USA to prepare the
necessary documents. When Xyrus was two years old, Librada got married to Longley.
Longley and Librada jointly filed a petition for adoption of Xyrus. The relatives of Juan
made an opposition contending that the consent of Juan, the biological father of Xyrus is
an indispensable requirement in order that the decree of adoption shall be granted. Is
the contention of Juan’s relatives tenable? Yes or no. Why?

Ans.
No

Under art 211 of the Family Code, in case of absence or death of either parent,
the parent present shall continue exercising parental authority. The remarriage of the
surviving parent shall not affect the parental authority over the children, unless the court
appoints another person to be the guardian of the person or property of the children.

In the case given, the court has no grounds to appoint another person to be the
guardian of Xyrus, since Xyrus is a legitimate child of Librada but illegitimate child of
Juan.

Thus, Librada has the parental authority of Xyrus.

IV

2|Page
 3

In the preceding case, the relatives of Juan also filed an addendum to their
opposition contending that the requirement on residency of Longley has not been
complied with because he was not able to stay in the Philippines for three continuous
years prior to the filing of the application for adoption. Is the contention of Juan’s
relatives correct? Yes or no. Why?

Ans.
No.

Under Art. 184 of the Family Code, an Alien may adopt the legitimate child of his
or her Filipino spouse.

In the case given, Xyrus is a legitimate child of Longley’s wife.

Thus, the adoption is valid.

Cipriano and Margie, both Filipino citizens were married in Candon, Ilocos Sur.
Margie is a nurse and she applied for a job in Texas, USA. Cipriano was left in the
Philippines. While working in Texas, Margie met Diego, a Mexican doctor. Margie
applied for a naturalization proceeding and her US citizenship was granted. Thereafter,
she applied for a divorce with Cipriano which was granted and the decree allows Margie
to remarry. Is the divorce filed by Margie also valid in the Philippines?

Ans.
Yes.

Under Art 26 of The Family Code, a divorce between a foreigner and a Filipino
may be recognized in the Philippines as long as it was validly obtained according to the
foreign spouse’s national law.

In the case given, Margie is already a naturalized citizen of US and she applied
and granted for a divorce in US.

Thus, Cipriano has the capacity to remarry.

VI

Ylmas was a successful businessman in Ankara, Turkey. He was married to

Miska and they were blessed with two children, Firmo and Gelda. Ylmas owns
condominium units and apartments for rent in Ankara. He also owns shares of stocks
with Ottoman Oil Conglomerate. Later on, he was divorced from Miska. Ylmas moved to
Anda, Bohol and rented a cottage. He met Pascuala, a fish vendor and eventually the
two fell in love with each other. They were married in Anda, Bohol by the municipal
mayor. Ylmas and Pascuala acquired properties in Anda, Bohol such as a Ford Ranger
pick-up truck, three pumpboats for their fishing venture and agricultural lands registered
in the name of Pascuala. Their marriage was blessed with a child and they baptized him
Palmas. A year after the birth of Palmas, Ylmas suffered stroke and died. Pascuala

3|Page
 4

approached you to seek legal advice. How will the properties of Ylmas in Turkey and in
the Philippines be partitioned to the family of Ylmas in Turkey and Pascuala and
Palmas?

Ans.
It will be partitioned depending on the location.

Under art 16 of the Civil Code, real property as well as personal property is
subject to the law of the country where it is situated.

In the case given, there are properties of Ylmas located in Turkey and in
Philippines.

Thus, the partition will be on the laws regarding succession on where the
property is situated.

VII

Julio was a cab driver. One day, he took Canuto as his passenger who boarded
in Caloocan City. While cruising along the MacArthur Highway in Malolos, Bulacan, a
child suddenly crossed the street running after a ball. Julio swerved the cab to evade the
child. The child was spared from injuries. However, Canuto’s head hit the windshield of
the cab. The CT scan showed some blood clot inside Canuto’s head. The attending
physician advised that Canuto shall undergo surgery to remove the blood clot. A criminal
action for reckless imprudence resulting to physical injuries was filed against Julio. The
judge acquitted Julio ruling that he was not reckless and in fact the child was not hit by
the cab. You are the lawyer of Canuto. With the acquittal of Julio, his civil liability ex
delicto was extinguished. What legal remedy should be resorted to in order to recover
the civil liabilities of Julio? Why?

Ans.
Julio still has civil liabilities.

Under art. 20 of the Civil Code, every person who, contrary to law, wilfully or
negligently causes damage to another, shall indemnify the latter for the same.

In the case given, the criminal liabilities of Julio was extinguished, however, the
damage that Canuto acquire was due to the negligence of Julio.

Thus, Canuto has the right to seek for indemnity as civil liabilities.

VIII

During the pendency of the settlement of the estate of George who died, one of
the heirs Calixto sold his undivided share of his inheritance to James because of the
constant argument of the other heirs namely, Leni and Leila who cannot agree on the
partition. Leni and Leila brought an action to annul the sale made by Calixto contending

4|Page
 5

that as co-owners of the inheritance left by their father George, Calixto cannot sell his
inheritance without their consent. Decide.

Ans.
Calixto has the full rights in his inheritance.

Under art. 777 of civil code, the rights to the succession are transmitted from the
moment of the death of the decedent. In addition, a contract of sale being made within
the undivided share is valid given that it is an aliquot part of the inheritance of the seller.

In the case given, George, who is the decedent, is already dead in the time of the
contract of sale. The seller, who is Calixto, enter into a contract of sale in his undivided
inheritance.

Thus, The sale is valid as long as the share being sold was considered an aliquot
part of Calixto’s inheritance.

IX

Dexter owns a house and lot which was leased to Arwind. Despite repeated
demands, Arwind did not pay the rents for five months. While Arwind was travelling out
of town, Dexter entered into his house, brought out the things belonging to Arwind and
padlocked his own house and the gate. Dexter was sued by Arwind for damages. Dexter
interposed the defense that he was just exercising his rights as an owner of the
premises. Decide.

Ans.
Arwind has the full rights of the property.
Under the doctrine of self-help, the lawful possessor may exclude a person from
the enjoyment and disposal thereof, which by law is unlawful and usurping the property.

In the case given, Dexter is already breaching the contract due to undue
diligence of paying his monthly rent, which gave him the temporary rights over the
property. Since, Dexter is not paying the rent, he is unlawful in enjoying the property.

Thus, Dexter cannot claim for damages over which he has no rights already.

Felipe filed a case for adultery against his wife, Concha and her paramour,
Elmer. While the adultery case was pending, Concha filed a petition for declaration of
nullity of her marriage with Felipe on the ground of psychological incapacity. The
counsel of Concha in the adultery case moved that the criminal case be suspended on
the ground of prejudicial question, with a prayer that the petition for declaration of nullity
of marriage case be resolved first because the issues thereof are determinant to the guilt
of the accused in the adultery case. Is there a prejudicial question?

Ans.
Yes.

5|Page
 6

In a civil interdiction, there is a pre-judicial question when there is an issue which

arises in a case, the resolution of which question is a logical antecedent of the issue
involved in said case, and the cognizance of which pertains to another tribunal.

In the case given, the criminal case of adultery can be a logical antecedent of the
issue in the nullity or validity of the marriage in the grounds of psychological incapacity.

Thus, the decision of civil case must be resolved first before the criminal case.

XI

Juan and Maria cohabited with each other exclusively as husband and wife
respectively for more than 50 years. In an intestate proceeding of the estate of a
deceased person, the siblings of Juan alleged that Juan and Maria lived together without
the benefit of marriage because they cannot show a marriage contract. Is the contention
correct?

Ans.
No.

Under art. 34 of the Family Code, no license shall be necessary for the marriage
of a man and a woman who have lived together as husband and wife for at least five
years and without any legal impediment to marry each other.

In the case given, providing that their cohabitation last for more than five years
exclusively as a husband and wife and there was no obstruction in their intent to marry
each other can be a grounds that there was no legal impediments in their union.
Thus, a marriage contract is not necessary.

XII

Benjie and Girlie were married in December of 2013. They resided in a beach
house which is five kilometers away from the office of Benjie. Girlie was about to give
birth to a child. Girlie contracted with PhilSure, a big insurance firm, a life insurance
policy with the unborn child as her beneficiary. One weekend a band of robbers forcibly
entered the couple’s home and ransacked everything. The following morning police
found three bodies in the said residence. The baby boy with a broken umbilical cord who
was fighting for his life, Girlie who was dead and Benjie who was seriously injured but
unconscious. Benjie and the baby were brought to the nearest hospital but the baby died
three days after while Benjie survived.

a.Is the insurance policy for the benefit of the unborn child valid? (3pts)
Ans.
No.

6|Page
 7

In the concept of civil rights of the unborn child, the child at the time of the
conception has the legal rights of person such as personal entity. However, the civil
rights of the child will be fully given at birth.
In the case given, the child wasn’t yet being born.
Thus, the unborn child’s insurance cannot be claimed.
b.Will Benjie inherit the insurance proceeds from the insurance policy of his child?
(3pts)
Ans.
No.
In the concept of civil rights of the unborn child, the child at the time of the
conception has the legal rights of person such as personal entity. However, the
civil rights of the child will be fully given at birth.
In the case given, the child wasn’t yet being born.
Thus, Benjie cannot claim the inheritance as an ascendant .

XIII

While Norman was working in Saudi Arabia, his wife residing in Bohol got
pregnant by another man. When Norman came home to Bohol, his wife has already
delivered the child. Norman hires you as his lawyer.

a. Is the child legitimate or illegitimate? (3pts)

Ans.
The child is legitimate.
Under Art 256 of the Family Code, the child shall be presumed legitimate,
although the mother may have declared against its legitimacy or may have been
sentenced as an adulteress.

In the case given, the Mother maybe and adulteress but the child was being born
inside marriage.

Thus, the child shall be deemed legitimate.

b. Is there a means that the filiation of the child can be impugned? (3pts)
Ans.
Yes.

Under Art. 262 of the Family Code, the heirs of the husband may impugn the
legitimacy of the child only in the following cases; first, if the husband should die before
the expiration of the period fixed for bringing his action; second, if he should die after the
filing of the complaint, without having desisted from the same; third, if the child was born
after the death of the husband. Thus, the filiation of the child can be impugned.

7|Page
 8

c. Can a child impugn his own legitimacy?

Ans.
Yes.

Under Art. 275 of the Family Code, legitimation may be impugned by those who
are prejudiced in their rights, when it takes place in favor of those who do not have the
legal condition of natural children or when the requisites laid down in this Chapter are
not complied with. Thus, the child can impugn his own legitimacy.

XIV

Mario and Delia are married. One day, they agreed to separate and put into
writing their agreement that they can live with a person other than them. Later on, Delia
lived together with Jonas.

a. Is the written agreement valid?

Ans.
No.

Under Art 6 for the Civil Code, rights may be waived, unless the waiver is
contrary to law, public order, public policy, morals, or good customs, or prejudicial to a
third person with a right recognized by law.

In the case given, the written agreement of separation of marriage is contrary to

our morals and good costums.

Thus, the agreement is invalid.

b. Mario filed an action for legal separation when he found out that Delia was
living with another man. Will the action prosper?
Ans.
Yes.

Under Art 97 of the Civil Code, a petition for legal separation may be filed for
adultery on the part of the wife and for concubinage on the part of the husband as
defined in the Penal Code.

In the case given, Delia can be liable for adultery.

Thus, the action will prosper.

XV

Pablo wanted to prove his filiation with Don Jose. Pablo has in his possession
proofs showing that Don Jose treated him as his child in an open and continuous
manner, like support in his studies since kindergarten. Don Jose, however, died before
Pablo filed such petition. Will the petition prosper?

8|Page
 9

Ans.
No.

Under Art. 172 of the Family Code, the filiation of legitimate children is
established by any of the following:

(1) The record of birth appearing in the civil register or a final judgment; or

(2) An admission of legitimate filiation in a public document or a private handwritten

instrument and signed by the parent concerned.

In the case given, Don Jose died already and cannot provide a private
handwritten instrument to Pablo,

Thus, the petition will not prosper.

XVI

Spouses John and Marsha owned a residential lot with a house built thereon
where their family resided. The spouse incurred a debt in the amount of P3M. They were
sued by their creditor. During the pendency of the case, the family migrated to Canada
and left their home to a caretaker. The court decided in favor of the creditors. The house
and lot of the spouses were attached but the latter through counsel objected contending
that the same were exempted from attachment being a family home. Decide.

Ans.
Yes.

Under Art. 163 of the Civil Code, the payment of debts contracted by the
husband or the wife before the marriage shall not be charged to the conjugal
partnership.

In the case given, their house is a conjugal property.

Thus, it cannot be a subject for payment for the debt of the spouse.

XVII

Pedro ran against Venancia for the post of barangay chairman in the last
barangay election in Barangay Likoon. Venancia won by a margin of 10 votes. Pedro
filed an election protest with the COMELEC against Venancia for disqualification
contending that Venancia in her campaign speeches, told the electorate that she can
serve barangay Likoon with utmost efficiency even if she does not know how to read and
right. To qualify as a barangay chairman, the candidate must know how to read and
write, as provided for by law. This is the core of Pedro’s protest - that Venancia is not
qualified to be a barangay chairman because she herself admitted publicly that she does
not know how to read and write. Venancia was summoned by the COMELEC 5 th Division
and was ordered by the investigating officer to take down dictations from him. The

9|Page
 10

investigating officer dictated the words: “to whom it may concern”. Venancia wrote
legibly the words: “to, it and may”, but the word “whom and concern” were written
ineligibly. Thereafter, the COMELEC 5 th Division dismissed Pedro’s case on the ground
that Venancia can read and write. Pedro did not file a motion for reconsideration with the
COMELEC en banc. Venancia was declared the winner. Thereafter, Venancia filed with
the RTC a case for damages against Pedro for maliciously besmirching her reputation
as a woman who does not know how to read and write, for sleepless nights, for untold
worries and emotional distress. Pedro countered that she only filed the protest based on
Venancia’s campaign speeches. Stated otherwise, Venancia admitted in public that she
does not know how to read and write, hence the root of the disqualification protest is
coming from her mouth. You are the judge. Decide. (3pts).

Ans.
Yes.

Under Art. 21 of the Civil Code, any person who wilfully causes loss or injury to
another in a manner that is contrary to morals, good customs or public policy shall
compensate the latter for the damage.

In the case given, Pedro causes moral problems to Venancia due to his actions.

Thus, Pedro is liable for indemnity to Venancia.

XVIII

Mario, a seaman, left his hometown in San Isidro, Bohol to go to Tagbilaran City
in order to board Cebu Pacific to Manila to report for his new job contract. He is slated to
join the M/V Spyka docked in Yemen scheduled for a European trip carrying industrial
chemicals from the Middle East. From San Isidro, he took the 6:00AM Hayahay Bus
Lines trip en route to Tagbilaran City and paid P100.00 for the passage ticket.
Somewhere along the Antequera highway, the Hayahay Bus turned-turtle which caused
the instant death of Mario. Norma, the wife of Mario with the assistance of the Chief of
Police of Antequera, Bohol, filed a complaint for reckless imprudence resulting to
homicide against Dencio, the bus driver. The court dismissed the case with the finding
that Dencio was not driving recklessly and the proximate cause of the accident was a
bullet from an unknown shooter hitting the front left wheel of the bus causing it to turn-
turtle. A man who is criminally liable is also civilly liable under the Revised Penal Code.
However, with the acquittal of Dencio, his civil liabilities are also extinguished. And so
with the subsidiary liability of Hayahay Bus Lines. The agency of Mario cannot also be
held liable because the job contract was not yet signed and executed. Can Norma still
recover civil liabilities as a consequence of Mario’s death?

1) If yes, how and from whom? (3pts)

Ans.
There is still civil liabilities.

10 | P a g e
 11

Under art. 20 of the Civil Code, every person who, contrary to law, wilfully or
negligently causes damage to another, shall indemnify the latter for the same.

In the case given, the criminal liabilities was extinguished, however, the damage
that the respondent acquire was due to the lack of skills.

Thus, civil liabilities still arises.

2) If yes, what are the kinds of damages which Norma can claim? Give the
reason for each. (3pts)
Ans.
Norma can seek for compensatory damages only due to the circumstance of the
accident where negligence is not part of the situation.

XIX

Claudio and Virginia were childhood sweethearts. They were still students at the
college of law when by an unfortunate stroke of fate, Virginia was deflowered by Claudio
and she got pregnant. They were not yet ready for a married life but their parents
insisted that the two get married to have them settled. Parents of Virginia offered to
shoulder all expenses. Claudio really wants to finish law and take the bar while Virginia
is now contented to be a housewife and take care of the household. On the date of their
wedding, Virginia was clad in a very romantic virgin-white Pitoy Moreno wedding gown
and she was such a beauty to behold. Hundreds of important and distinguished guests
were in attendance. The nuptial banquet was set at the plush penthouse of Philippine
Plaza Hotel. The schedule was at 9:00 in the morning but Claudio never came. Virginia
was of course, downhearted. She and her parents sued Claudio for damages for
causing great dishonor to the family for a breach of contract to marry. Claudio contended
that he is not ready to raise a family. You are the judge. Decide.

Ans.
No.

Under the qualification of marriage, one must be in free will to enter into the
contract of marriage.

In the case given, the will of Claudio wasn’t considered since he is not yet ready
to enter into the contract of marriage.

Thus, Claudio has to rights to decline the contract regarding the marriage but still
has moral obligation to Virginia.

XX

11 | P a g e
 12

Michael and Fortuna had been married for ten years but were childless. They
legally adopted Hugo, a nephew of Fortuna. When Hugo was in college, he lived a
wayward life. He was into drugs and alcohol. Sometimes, Hugo would even threaten to
kill the spouses and burn their house if they do not give money to him. The spouses
Michael and Fortuna wanted to rescind the decree of adoption. They approached you as
their lawyer to do the job. What will be your legal advice? (3pts)

Ans.

Yes.

Under the Art. 192 of the Family Code, the adopters may petition the court for the
judicial rescission of the adoption in a case where the adopted has committed any act
constituting ground for disinheriting a descendant.

In the case given, threats and immoral acts towards the parents who adopt the
child is grounds for disinheritance.

Thus, the Michael and Fortuna can request for judicial rescission of the adoption.

XXI

Bertulfo was born in Nangka, Mabini, Bohol. He went to Manila to look for a job.
He was hired by a big corporation and was eventually promoted as the operations
manager. With the blessings, he was able to construct a house at the Magallanes
Village in Makati City. He resided and was a registered voter in Makati City until his
retirement. After his retirement, he went back to Bohol and ran for the post of a
Representative in the third district of Bohol. Bertulfo was met with numerous
disqualification protests from political opponents. You are now a lawyer. He approached
you seeking your legal services. Is there a defense to the said protests?

Ans.

No.

Under art. VI of the 1987 Constitution, the qualification to run for congress in
district representatives is that the person must be a registered voter in the particular
district where he or she will run for position.

In the case given, Bertulfo is still a registered voter in Makati City.

Thus, Bertulfo is not quialified in running for position in Third District of Bohol.

XXII

12 | P a g e
 13

Chester, a homosexual and Alex, a lesbian were having an affair. They wanted to
get married. But the parish priest refused to solemnize the marriage insisting that it is
against the law of God. Can they be validly married under Philippine laws? Yes or No.
Why? (3pts)

Ans.
Yes.

Under art. 1 of the Family Code, marriage is a special contract of permanent

union between a man and a woman entered into in accordance with law for the
establishment of conjugal and family life.

In the case given, Chester is a man and Alex is woman. The Church will not give
the ceremony to them in the grounds of Freedom of Religion.

Thus, they can be validly married in civil ceremony.

XXIII

Marilyn, a Filipina married a Japanese citizen, Maroko. The two were married in
the Philippines. Marilyn did not adopt the Japanese citizenship. Due to excessive
jealousy, the couple had heated altercations and resulted to physical beatings by
Maroko to Marilyn. Marilyn went to Japan and filed a divorce with Maroko. The divorce
was granted by the Japanese government. Is the divorce effective in the Philippines.

Ans.
No.

Under Art 26 of The Family Code, marriage between a Filipino citizen and a
foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the
alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity
to remarry under Philippine law.

In the case given, Marilyn filed a divorce in Japan while her nationality is still a
Filipino and not the husband who is the alien spouse whose citizenship is Japanese.

Thus, the divorce is not valid under the Philippine laws.

-END-

13 | P a g e