5 NTS eee a) a = Zz oy x a B N = So w a x #HERNANDOITBAR202 SNOILVUAdOADMINISTRATORS DR. ULPIANO P. SARMIENTO III Dean ATTY. CARLO D. BUSMENTE Vice Dean ATTY. MARIA ELIZA CAMILLE B. YAMAMOTO-SANTOS Prefect of Student Affairs ATTY. ROBEN B. CADUGO JR. Administrative Officer ATTY. ROBEN B. CADUGO JR. ATTY. JULIUS LOREN C. SANTOS. ATTY. PAULINO Q, UNGOS III Advisers EXECUTIVE COMMITTEE KATE L. CAPULONG Over-All Chairperson MAEIA MIKHAELA N. MAYUGA ANDREA JOSES P. TAN Chairperson for Academics Chairperson for Communications HANNAH KEZIAH T. MORALES VIRNA GRACE M. SILVA Chairperson for Assessment, Learning & Development Chairperson for Secretariat ROLEEN WENDEE N. GUINTO DAVID GABRIEL V. PALLASIGUE ‘Chairperson for Bar Matters Chairperson for Finance KLENT NELSON B. MENIL BRYAN C. AREVALO Chairperson for Recruitment and Membership Chairperson for Partnership and External Relations ALEXANDREA D. CORNEJO AILY LIEZL MABANGLO Chairperson for Bar Mentoring Program Chairperson for Operations ROMMEL SALUDEZ JUSTINE CHYLE G. JURIDICO Chairperson for Logistics Chairperson for Electronic Data Processing #HernanDoltBar2023 #ParaSaBARyan THAT IN ALL THINGS, GOD MAY BE GLORIFIED. SBCA CENTRALIZED BAR OPERATIONSLEADERSHIP COMMITTEE ARMIDA MARIEL B. ARAGON FRANZ DANIELLE F. DELA CRUZ EDWARD CROMWELL T. BACUNGAN MAE HELOISE R. LISACA PIA DANIELLE B. BARROSO HANZ CHRISTIAN I. MIRAFLOR Deputy Chairpersons for Academics Deputy Chairpersons for Electronic Data Processing AILY LIEZEL M. MABANGLO PIA MONICA G. DIMAGUILA ROMMEL SALUDEZ ERWIN G. PENARROYO Deputy Chairpersons for Operations and Logistics Deputy Chairperson for Bar Matters ARAMAINE P. BALON CLAUDIA SOFIA DC. TUANO GISELLE MARIE C. DIAZ JILLIAN MAXINE C. QUIMSON Deputy Chairperson for Communications Deputy Chairperson for Finance MARIA SAMANTHA F. GOLEZ MA. LOLITA KIM PALENCIA Deputy Chairperson for Secretariat Deputy Chairperson for Bar Mentoring Program KATHERINE ANN P. LABAYO SAMUEL JOSHUA C. CRUZ Deputy Chairperson for Partnerships Deputy Chairperson for Recruitment ‘and External Relations ‘ond Membership. EIDRIAN POHL G. GUARIN LORRAINE CHRISTINE A. SANTOS Deputy Chairpersons for Assessment, Learning and Development SUBJECT HEADS ROMMEL G. SALUDEZ DAVE CHRISTIAN C. UMERAN Subject Head, Remedial Law Assistant Subject Head, Remedial Law ERICA P. RETUYA IVANAH IRENE M. TOMO Subject Head, Political Law Assistant Subject Head, Political Law PAMELA A. PAEZ PRINCESS AINAH LANTO Subject Head, Commercial Law Assistant Subject Head, Commercial Law EARL ANGELO G. ALMENDARES ZEPHRES V. BADILLA Subject Head, Taxation Law Assistant Subject Head, Taxation Law ANNA ELAINE L, ESPELETA ANA MARIE BEATRICE G. DIMAILIG Subject Head, Legal Ethics Assistant Subject Head, Legal Ethics GIAN LOURDES ROMANO JE'AN-MARIE BAPTISTE S. BARTILLO Subject Head, Civil Law Assistant Subject Head, Civil Law JANYN MARIELLA MONTEALEGRE MA. CHONA B. ADAYA Subject Head, Labor Law Assistant Subject Head, Labor Law PRINCESS STEPHANIE T. REOTUTAR LANCE LIZOR A. PUNZALAN Subject Head, Criminal Law Assistant Subject Head, Criminal Law #HernanDoltBar2023 #ParaSaBARyan THAT IN ALL THINGS, GOD MAY BE GLORIFIED, SBCA CENTRALIZED BAR OPERATIONSCIVIL LAW TEAM LEADERS ROMANO, GIAN LOURDES, B. BERTILLO, JEAN-MARIE BAPTISTE S. OLUNTEE AMORILLO, DANICA CASTILLON, IRISH DIMACULANGAN, FRANCIA MARIE GONZALES, MISHAEL LINGATONG, SAGE RIGUERA, SARAH RODRIGUEZ, FAITH SANTOS, KARLA #HernanDoltBar2023 #ParaSaBARyan THAT IN ALL THINGS, GOD MAY BE GLORIFIED, SBCA CENTRALIZED BAR OPERATIONSNOTICE This work is the intellectual property of the SAN BEDA COLLEGE ALABANG SCHOOL OF LAW and SAN BEDA COLLEGE ALABANG CENTRALIZED BAR OPERATIONS 2023. It is intended solely for the use of the individuals to which it is addressed - the Bedan community. Publication, reproduction, dissemination, and distribution, or copying of the document without the prior consent of the SAN BEDA COLLEGE ALABANG SCHOOL OF LAW CENTRALIZED BAR OPERATIONS ACADEMICS COMMITTEE 2023 is strictly prohibited. Material includes both cases penned by Justice Hernando and recent landmark cases decided by the Supreme Court. COPYRIGHT © 2023 AN BEDA COLLEGE ALABANG SCHOOL OF LAW LABANG SCHOOL OF LAW CENTRALIZED BAR OPERATIONS 2023 ALL RIGHTS RESERVED BY THE AUTHORS SAN BEDA COLLEGE SBCA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS PERSONS AND FAMILY RELATIONS 1. Effect and Application of Laws WV. When Law Takes Effect Doctrine Ignorance of the Law Retroactivity of Laws Mandatory or Prohibitory Laws Waiver of Rights Presumption and Applicability of Custom Legal Periods Territoriality Principle Conflict of Laws © Lex Nationalii © Lex Rei Sitae © Lex Loci Celebrationi © Doctrine of Renvoi © Doctrine of Stare Deci Human Relations in Relation to Persons Elements of Abuse of Rights Elements of Acts Contra Bonus Mores Doctrine of Volenti Non Fit Injuria Principle of Unjust Enrichment Accion in Rem Verso Prejudicial Question PERSONS Classification of Persons Capacity to Act © Restrictions on Capacity to Act © Birth and Death of Natural Persons © Presumption of Survivorship ‘Surnames Rules Governing Persons Who are Absent MARRIAGE AND FAMILY RELATIONS General Principles © Essential Requisites © Formal Requi #HernanDoltBar2023 #ParaSaBARyan THAT IN ALL THINGS, GOD MAY BE GLORIFIED SBCA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS Mixed Marriages and Foreign Divorce © Foreign Marriages Void Marriages (See Tan-Andal v. Andal, G.R. No. 196359, May 11. 2021) Voidable Marriages Effect of Defective Marriages Legal Separation Rights and Obligations between Husband and Wife Property Relations Between Spouses © Donation Propter Nuptias © Void Donations by the Spouses © Absolute Community of Property Regime © Conjugal Partnership of Gains Regime © Separation of Property Regime © Property Regime of Unions Without Marriage © Judicial Separation of Property The Family © General Principles The Family Home © General Principles Paternity and Filiation © Concepts of Paternity, Filiation, and Legitimacy Legitimate Children © Who are Legitimate Children © Proof of Filiation of Legitimate Children legitimate Children © Who are Illegitimate Children © Rights of Illegi ren © Grounds to Impugn Filiation Rights of Legitimate Children Grounds to Impugn Legitimacy Legitimated Children © Who May be Legitimated © How Legitimation Takes Place © Grounds to Impugn Legitimacy Adopted Children © Domestic Ad Act (RA 11642) = Who May Adopt = Who May be Adopted istrative Adoption and Alternative Child Care #HernanDoltBar2023 #ParaSaBARyan THAT IN ALL THINGS, GOD MAY BE GLORIFIED SBCA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS = Effects of a Decree of Adoption (See Article Nos. 189-190 of the Family Code) © Domestic Adoption Act of 1998 (R.A. 8552) © Inter-Country Adoption Act of 1995 (R.A. 8043) Support © What Comprises Support © Who are Obliged to Give Support © Source of Support © Order of Support Parental Authority © Concept of Parental Authority © Substitute Parental Authority © Special Parental Authority © Effects of Parental Authority Emancipation Retroactivity of the Family Code PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS Classification of Property © Immovables © Movables Bundle of Rights © Ownership © Rights of Accession = General Principles = Accession Industrial = Accession Natural © Actions to Recover Ownership and Possession of Property = Accion Reivindicatoria * Accion Publiciana * Accion Interdictal = Quieting of Title © Co-Ownership = Distinctions Between Right to Property Owned in Common and Full Ownership Over the Ideal share = Contributions for Expenses = Redemption = Partition #HernanDoltBar2023 #ParaSaBARyan THAT IN ALL THINGS, GOD MAY BE GLORIFIED SBCA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS © Possession = Possession in the Concept of a Holder = Possession in the Concept of an Owner = Relevance of Good Faith and Bad Faith Rules for Movables * Usufruct © Rights and Obligations of Usufructuary © Classes of Usufruct © Extinguishment of the Usufruct * Easements Characteristics Kinds of Easements Modes of Acquiring Easements. Effects of Easement Extinguishment of Easements * Different Modes of Acquiring Ownership © Occupation © Tradition © Donation = Features = Classifications = Distinctions Between Mortis Causa and Inter Vivos Donations = Form = Limitations = Reduction and Revocation © Prescription ns Between Acqu ns Between Extinctive Prescription and Laches * Land Titles and Deeds © Torrens System = General Principles © Regalian Doctrine © Nationality Restrictions on Land Ownership © Original Registration (PD 1529) = Who May Apply = Decree of Registration = Review of Decree of Registration; Innocent Purchaser for Value (IPV}; Rights of IPV © An Act Improving the Confirmation Process for Imperfect Land Titles (RA 11573), amending CA 141 and PD 1529 [See Republic v. Pasig Rizal Co., Inc., G.R. No. 213207, February 15, 2022] #HernanDoltBar2023 #ParaSaBARyan THAT IN ALL THINGS, GOD MAY BE GLORIFIED SBCA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS Certificate of Title ‘Subsequent Registration = Voluntary Dealings = Involuntary Dealings * Adverse Claims + Notice of Lis Pendens Non-Registrable Properties Dealings With Unregistered Lands Assurance Fund = Nature of Assurance Fund = Conditions for Compensation from Assurance Fund = Prescriptive Period Reconstitution of Title Cadastral System of Registration (Act. No. 2259, As amended) Registration Through Admi ive Proceedings (C.A. 141, As amended ) * Wills and Succes: © General Provisions © Testamentary Succession + General Provisions = Characteristics of a Will = Non-Delegability of a Testamentary Power = Applicable Law as to Form and Substance of a Will = Testamentary Capacity = Form of Notarial and Holographic Wills = Witnesses to a Notarial Will (Qualification and Disqualifications) = Conflict Rules = Modes of Revocation of Wills and Testamentary Dispositions + Effect on the Recognition of a Non-Marital Child + Theory of Dependent Relative Revocati + Revocation Based on a False Cause Ss = Compulsory Heirs = Institution of Heirs + Limitations on the Institution of Heirs * Collective Institution + Proscription Against Successive Institution ‘+ Institution Based on a False Cause © Substitution of Heirs = Causes of Substitution #HernanDoltBar2023 #ParaSaBARyan THAT IN ALL THINGS, GOD MAY BE GLORIFIED SBCA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS = Fideicommissary Substitution (Compared With Testamentary Trusts) © Legitime = Collation in Connection With the Computation of Legitime = Table of Legitime = Impairment of the Legitime = Presumptive Legitime © Preterition = Requisites = Governing Law © Conditional Dispositions and Dispositions = Condition Not to Marry = Disposicion Captatoria = Modal Institution © Void Testamentary Disposi © Disinheritance = Grounds for Disinheritance = Requisites for the Various Grounds for Disinheritance + Effects of Reconciliation © Legacies and Devises = Requisites for Validity = Property Not Owned by the Testator = Ineffective Legacies/Devises © Intestate Succession = Relationship = Causes of intestacy = Order of Intestate Succession = Rule of Proximity and Rule of Equality + Exceptions to the Rule of Proximity and Rule of Equality © Determination of Heirs = Successional Barrier (the “Iron Curtain Rule") (See Aquino v. Aquino, G.R. Nos. 208912 and 209018, December 7, 2021) = Successional Rights of Adopted Children = Successional Rights of Adopting Parents = Successional Rights of Marital and Non-Marital Children = Successional Rights of the Surviving Spouse = Successional Rights of Collateral Relatives © Provisions Common to Testate and Intestate Succession = Capacity to Succeed + Incapacity by Reason of Unworthiness and Effects of Condonation ions #HernanDoltBar2023 #ParaSaBARyan THAT IN ALL THINGS, GOD MAY BE GLORIFIED SBCA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS = Incapacity by Reason of Morality = Incapacity by Reason of Possible Undue Influence © Right of Representation in Testacy and Intestacy = Requisites and Limitations © Acceptance and Repudiation of Inheritance = Form of Repudiation + Effects of Repudiation Compared to Predecease and Incapacity OBLIGATIONS AND CONTRACTS © General Provisions * Definition = Essential Elements = Sources of Obligation © Nature and Effects of Obligations = Breaches of Obligations = Remedies for Breach of Obligation © Different Kinds of Obligations © Extinguishment of Obligations = Payment + Concept of Payment + Payment by Cession vs. Dation in Payment + Tender of Payment and Consignation Loss of the Thing Due + Concept of Loss + Requisites * Force Majeure Condonation = Confusion = Compensation + Requisites + Compensation of Rescissible and Voidable Debts + Non-Compensable Debts = Novation * Concept of Novation + Expressed and Implied Novation + Requisites #HernanDoltBar2023 #ParaSaBARyan THAT IN ALL THINGS, GOD MAY BE GLORIFIED SBCA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS = Expromision and Delegacion Distinguished * Consent Required + Effect of Insolvency of New Debtor = Legal and Conventional Subrogation * Contracts © General Provisions * Definition of a Contract = Elements of a Contract + Essential elements + Natural Elements © Basic Principles of Contracts = Obligatory Force of a Contract «= Freedom to Stipulate (Autonomy of the Will) and its imitations = Binding Effect of a Contract = Privity of Contract * Concept + Exceptions to the Rule on Privity of Contracts = Consensuality of Contracts * Concept and Coverage + Exceptions * Reformation of Instruments © Essential Requisites of a Contract = Consent = Object = Cause or Consideration © Defective Contracts = Rescissible Contracts = Voidable Contracts = Unenforceable Contracts = Void Contracts * Natural Obligations SPECIAL CONTRACTS, * Sales © Definition and Essential Requisites © Contract of Sale = Contract to Sell = Option Contract = Right of First Refusal #HernanDoltBar2023 #ParaSaBARyan THAT IN ALL THINGS, GOD MAY BE GLORIFIED SBCA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS Earnest Money Double Sales Risk of Loss Breach of Contract of Sale = Recto Law = Maceda Law Extinguishment of the Sale = Conventional Redemption = Legal Redemption © Equitable Mortgage © Pacto de Retro Sales + Lease © Rights and Obligations of Lessee * Agency * Credit Transactions © Loans. = Kinds = Interest Deposit Guaranty and Suretyship Real Estate Mortgage Antichresis * Compromise * Quasi-Contacts © Negotiorum Gestio © Solutio Indebiti * Torts and Damages © Principles = Abuse of Rights = Unjust Enrichment = Liability Without Fault = Acts Contrary to Law = Acts Contrary to Morals © Classification of Torts = Intentional + Negligent = Strict Liability #HernanDoltBar2023 #ParaSaBARyan THAT IN ALL THINGS, GOD MAY BE GLORIFIED SBCA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS © The Tortfeasor = Joint * Direct © Quasi-Delict vs. Culpa Contractual vs. Culpa Criminal = Nature of Liability © Proximate Cause = Concept = Doctrine of Last Clear Chance Vicarious Liability Res Ipsa Loquitur Damnum Absque Injuria Defenses Negligence = Standard of Care = Presumptions of Negligence © Damages = Kinds of Damages * Actual and Compensatory Damages + Moral Damages + Nominal Damages + Temperate or Moderate Damages * Liquidated Damages + Exemplary or Corrective Damages = When Damages May be Recovered © Damages in Case of Death #HernanDoltBar2023 #ParaSaBARyan THAT IN ALL THINGS, GOD MAY BE GLORIFIED SBCA CENTRALIZED BAR OPERATIONSCan me EFFECT AND APPLICATION OF LAWS QUESTION. Section 1 of PD. No. 755 states: "section 1. Declaration of National Policy. - It is hereby declared that the policy of the State is to provide readily available credit facilities to the coconut farmers at preferential rates; that this policy can be expeditiously and efficiently realized by the implementation of the ‘Agreement for the Acquisition of a Commercial Bank for the Benefit of the Coconut Farmers’ executed by the Philippine Coconut Authority, the terms of which ‘Agreement’ are hereby incorporated by reference; x x x" A copy of the Agreement was not attached to the Presidential Decree. PD. No. 755 was published in the Official Gazette but the text of the Agreement described in Section 1 was not published. Can the Agreement in question be accorded the status of a law? Explain. (2016 Bar Examinations) SUGGESTED ANSWER: tlo, the Agreement ‘cannot be accorded the status of a lav A law must be published to become effective, Article 2 of the Civil Code provides that laws shall take effect after fifteen (15) days following the completion of their publication in the Official Gazette, unless it is otherwise provided. Furthermore, the court’s decision in the case of Tanada v. Tuvera (136 SCRA 27) provides that the publication must be in full text since the purpose of publication is to inform the public of the contents of the law. In this case, while P.D. No. 755 was published in the Official Gazette, the text of the Agreement described in ‘Section 1 was not published. Since, PD No. 755 was not. published’ in full text, the publication requirement under Article 2 of the Civil Code has not yet been fulfilled. Therefore, PD 755 has not yet attained the status as that of a law. ee FeO EOP ha eC CIVIL PERSONALITY QUESTION. A corporation which owns a hospital was sued along with a physician for medical malpractice. The corporation moved to dismiss the case, arguing that it was only the physician, as the natural person, who could be the subject of any kind of suit. In other words, the corporation argued that it was not a legal person. 1s the position of the corporation owning the hospital legally tenable? Explain briefly. (2020/2021 Bar Examinations) SUGGESTED ANSWER: to, the corporation is likewise a legal person in the standing of Civil Law. article 44 of the Civil Code enumerates those classified as juridical persons, which are, to wit: (1) The State and its political subdivisions; (2) Other corporations, institutions and entities for public interest or purpose, created by law; their personality begins as soon as they have been constituted according to law; or (3) Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or member. In this case, the contention that the corporation was not a. legal person. is untenable because the same is a juridical person or an entity authorized by lav, which can be a party to a civil action. Hence, the position of the corporation is unwarranted. oe HUMAN RELATIONS QUESTION. Roberto was in Nikko Hotel when he bumped into a friend who was then on her way to a wedding reception being held in said hotel. Roberto alleged that he was then invited by his friend to join her at the wedding reception and carried the basket full of fruits which she was bringing to the affair. At thereception, the wedding coordinator of the hotel noticed him and asked him, allegedly in a loud voice, to leave as he was not in the guest list.’ He retorted that he had been invited to the affair by his friend, who however denied doing so. Deeply embarrassed by the incident, Roberto then sued the hotel for damages under Articles 19 and 21 of the Civil Code. Will Roberto’s action prosper? Explain. (5%) (2012 Bar Examinations) SUGGESTED ANSWER: Yes, the action will prosper. In the case of Nikko Hotel Manila Garden v. Roberto Reyes, the Court explained that when a right is exercised in a manner which does not conform with the norms enshrined in article 19 of the Civil Code, which provides that one must act with justice, give everyone his due and observe honesty and good faith, and damage to another results, a legal’ wrong is thereby committed for which the wrongdoer must be responsible. When Article 19 is violated, an. action for damages is proper under article 21 of the Civil Code, which refers to acts contra bonus mores. The elements of acts contra are the following: (1) there is a legal right or duty; (2) which is exercised in bad faith; (3) for the sole intent of prejudicing or injuring another. In this case, the wedding coordinator allegedly asked him to leave the wedding reception in a loud voice. The coordinator could have asked him to leave in a quiet manner so as not to embarrass him. By asking him to leave in a loud voice and drawing attention to him, the wedding coordinator exercised her duty in bad faith with the sole intent of prejudicing or injuring. Roberto. Thus, the action will prosper. (Ilikko Hotel Manila Garden v. Roberto Reyes, GR No. 154259, February 28, 2005) oe QUESTION. Ricky donated P 1 Million to the unborn child of his pregnant girlfriend, which she accepted. After six (6) months of pregnancy, the fetus was born and baptized as Angela. However, Angela died 20 hours after birth, Ricky sought to recover the P 1 Million. Is Ricky entitled to recover? Explain. (2012 Bar Examinations) SUGGESTED ANSWER: Yes, Ricky is entitled to recover. article 5 of PD 603 or the Child and Youth Welfare Code provides that the civil personality of the child shall commence from. the time of his conception for all purposes favorable to him, subject to the requirements of article 41 of the Civil Code. According to article 41. of the Civil Code, for civil purposes, the fetus is considered born if it is, alive at the time it is completely delivered from the mother’s womb. However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb. In this case, the unborn child had an intra-uterine life of 6 months, and had died 20 hours after birth, Aas the child did not meet the requirements under article 41 of the Civil Code to be considered bor, she was not considered born and did not acquire civil personality. The child then cannot be donated to. Thus, Ricky is entitled to recover. (PD 603, The Child and Youth Vielfare Code, Article 5; Civil Code of the Philippines, article 4) xe QUESTION. Liwayway Vinzons-Chato was then the Commissioner of internal Revenue while Fortune Tobacco Corporation is an entity engaged in the manufacture of different brands of cigarettes, among which are “Champion,” “Hope,” and “More” cigarettes. Fortune’ filed a complaint against Vinzons-Chato to recover damages for the alleged violation of _ its constitutional rights arising from Vinzons-Chato’s issuance of Revenue ‘Memorandum Circular No. 37-934 (which re-classified Fortune cigarettes as locally ‘manufactured with foreign brands and thereby imposed higher taxes), which the Supreme Court later declared invalid. Vinzons-Chato filed a Motion to Dismiss arguing that she cannot be held liable for damages for acts she performed while in the discharge of her duties as BIR Commissioner. Is she correct? Explain.(2012 Bar Examinations) SUGGESTED ANSWER: 1No, she is not correct. In the case of Liwayway Vinzons-Chato v. Fortune Tobacco Corporation, the Court ruled that an individual can hold a public officer personally liable for damages on account of an act or omission that violates a constitutional right under article 32 of the Civil Code only if it results in a particular ‘wrong or injury to the former. In this case, itis necessary for Fortune Tobacco to prove that it suffered a particular or special injury ‘on account of the non-performance by the public officer of the public duty to entitle it ‘to damages arising from the acts performed by the public officer while in the discharge of her duties as BIR Commissioner. The facts do not indicate that there was a particular or special injury suffered by Fortune. Thus, she is not correct. (Vinzons-Chato v. Fortune ‘Tobacco Corporation, GR No. 141309, June 49, 2007 & December 23, 2008) x MARRIAGE REQUISITES OF MARRIAGE QUESTION. Roderick and Faye were high school sweethearts. When Roderick was 18 and Faye, 16 years old, they started to live together as husband and wife without the benefit of marriage. When Faye reached 18 years of age, her parents forcibly took her back and arranged for her marriage to Brad. Although Faye lived with Brad after 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 liaison. 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 a’ marriage license, claiming that they have been continuously cohabiting for more than 5 years. Was the marriage of Roderick and Faye valid? (2008 Bar Examinations) SUGGESTED ANSWER: No, the marriage of Roderick and Faye is not valid due to the absence of a marriage license. According to Article 4 of the Civil Code, laws shall have no retroactive effect, unless the contrary is provided. Meanwhile, article 2(1) of the Family Code provides that no marriage shall be valid, unless the contracting parties who are male and female must have legal capacity to marry. In this case, the marriage of Roderick and Faye is not one of the marriages exempted from the license requirement. This is because of the presence of two legal impediments during their cohabitation, namely: (1) minority of Faye during the first two years of cohabitation; and (2) the lack of legal capacity to marry during the first two years of cohabitation. Therefore, Faye and Roderick’s marriage is void ab initio. x ex QUESTION. Brad and Angelina had a secret marriage before a pastor whose office is located in Arroceros Street, City of Manila. They paid money to the pastor who took care of all the documentation. When Angelina wanted to go to the U.S., she found out that there was no marriage license issued to them before their marriage. Since their marriage was solemnized in 1995 after the effectivity of the Family Code, Angelina filed a petition for judicial declaration of nullity on the strength of a certification by the Civil Registrar of Manila that, after a diligent and exhaustive search, the alleged marriage license indicated in the marriage certificate does not appear in the records and cannot be found. (a) Decide the case and explain. (b) In case the marriage was solemnized in 1980 before the effectivity of the Family Code, is it required that a judicial petition be filed to declare the marriage null and void? Explain. (2016 Bar Examinations) ‘SUGGESTED ANSWER: (a) | will grant angelina’s petition for judicial declaration of nullity because the marriage is void ab initio because of the absence of a marriage license, ‘A matriage license is one of the three formal requisites of marriage under article 3 of the Family Code. The failure to secure a marriage license will render a marriage void ab initio under article 4 of the same code, In this case, considering that the marriage between Brad and Angelina was celebrated in 4995, the Family Code was the law governing at the time of the celebration of the marriage. The failure to secure a marriage license, which is a formal requisite of marriage, renders the couple’s marriage void.Since a formal requisite of marriage is lacking, Angelina’s petition for judicial declaration of nullity of her marriage should be granted. (b) No, a judicial petition is not required to be filed to declare the marriage null and void when the said marriage was solemnized before the effectivity of the Family Code. In the cases of People v. Mendoza, G.R. No. 5877, September 28 1954 and People v. Aragon, G.R. No. L-10016, February 28, 1957, the Supreme Court held that “where a marriage is illegal _and void from its performance, no judicial decree is necessary to establish its validity, as distinguished from mere annulable marriages.” x x QUESTION. A couple executes a prenuptial ‘agreement which principally provides that their marriage shall be valid for only five years but that it can be renewed through mutual consent negotiated at least six months before its expiration. Is this contract valid? Explain briefly. (2020/2021 Bar Examinations) SUGGESTED ANSWER: Ho, the contract is not valid. According to article 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. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by the Code. In this case, the agreement consists of a stipulation providing for a period for the validity of marriage. This is invalid since the marriage settlements which may be validly entered into by the parties pertain only to property relations. oe QUESTION. Two college sweethearts were married inside a Roman Catholic church in the Philippines with a Supreme Court Justice serving as solemnizing officer. Philippines with a Supreme Court Justice serving as solemnizing officer. A few years following the ceremony, one of the two filed an action for the declaration of nullity of marriage on the ground that the marriage was void ab initio because it was solemnized inside a Roman Catholic church by a Supreme Court Justice, and not by a Roman Catholic priest. Js the position legally tenable? Explain briefly. (2020/2021 Bar Examinations) SUGGESTED ANSWER: Yes. Jurisprudence provides that Article 8 of the Family Code allows judges from solemnizing marriages ‘ina venue other than their courtroom or chambers. The only exceptions to this rule fare marriages contracted at the point of death or in remote places and where both parties had requested the solemnizing officer, in writing, to solemnize their marriage in another venue. In this case, the Supreme Court Justice solemnized the marriage outside of his or her court and chambers without the requisite written request from the college sweethearts. Thus, the marriage is void ab initio. (Art. 8, FC; Keuppers v. Judge Murcia, A.M. to. MTJ-15-1860, April; 3, 2018) eh QUESTION. QR and TS who had a marriage license requested a newly appointed Judge in Manila to marry them on the beach of Boracay. Since the Judge maintained Boracay as his residence, he agreed. The sponsors were all public officials. What is the status of the marriage. (2011 Bar Examinations) SUGGESTED ANSWER: Valid, since the improper venue is merely an irregularity; all the elements of a valid marriage are present.x x QUESTION. Conrad and Linda, both 20 years old, applied for a marriage license, ‘making it appear that they were over 25. They married without their parents’ knowledge before an unsuspecting judge. After the couple has been in cohabitation for 6 years, Linda’s parents filed an action to annul the marriage on ground of lack of Parental consent. Will the case prosper? (2011 Bar Examinations) SUGGESTED ANSWER: (A) 110, since only the couple can question the validity of their marriage after they became 21 of age; their cohabitation also convalidated the marriage. x x MARRIAGES SOLEMNIZED ABROAD AND FOREIGN DIVORCE QUESTION. Felipe and Felisa, both Fi citizens, were married in Malolos, Bulacan ‘on June’, 1950. in 1960 Felipe went to the United States, becoming a U.S. citizen in 1975. In 1980 they obtained a divorce from Felisa, who was duly notified of the proceedings. The divorce decree became final under California Law. Coming back to the Philippines in 1982, Felipe married Sagundina, a Filipino Citizen. In 2001, Filipe, then domiciled in Los Angeles, California, died, leaving one child by Felisa, and another one by Sagundina. He left a will which he left his estate to Sagundina and his two children and nothing to Felisa. Sagundina files a petition for the probate of Felipe’s will. Felisa questions the intrinsic validity of the will, arguing that her marriage to Felipe subsisted despite the divorce obtained by Felipe because said divorce is not recognized in the Philippines. For this reason, she claims that the properties and that Sagundina has no successional rights. (a) Is the divorce secured by Felipe in California recognizable and valid in the Philippines? How does it affect Felipe’s marriage to Felisa? Explain. (2%). (b) What law governs the formalities of the will? Explain. (1%) (©) Will Philippine law govern the intrinsic validity of the will? Explain. (2%) (2002 Bar Examinations) SUGGESTED ANSWER: (a) Yes, the divorce decree secured by Felipe is valid in the Philippines because he was already an American Citizen when he obtained it. In the case of Van Dorn V. Romillo, Jr (G.R. No. L-68470 October 8, 1985), the Supreme Court stated that “only Philippine nationals are covered by the policy against absolute divorces. However, aliens may obtain divorces abroad, which may be recognized in the Philippines, provided they are valid according to their national law.” If the divorce decree obtained by Felipe is recognized by Philippine courts, Felisa is allowed to remarry. article 26 of the Family Code provides that where a 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. (b) Foreigners who execute their wills in the Philippines may observe the formalities described under the following laws: (1) The Law of the country of which he is a citizen (article 817, NCC); or (2) The law of the Philippines’ insofar as to its extrinsic validity (article 17, Hicc). (c) No, Phitippine law will not govern the intrinsic validity of the will. Article 16(2) of the Civil Code provides that the intrinsic validity of testamentary provisions shall be governed by the national law of the person whose succession is_under consideration whatever may be the nature of the property and regardless of the country wherein said property may be found. In this case, US laws, particularly that of California’s will govern the intrinsic validity of Felipe’s will as he is, an American citizen living in the state of California. ee QUESTION: Joseph, a 17-year old Filipino, married Jenny, a 21-year old American in Wlinois, USA,’ where the marriage was valid. Their parents gave full consent to the marriage of their children. After threeyears, Joseph filed a petition in the USA to Promptly divorce Jenny and this was granted. When Joseph turned 25 years, he returned to the Philippines and married Leonora. What is the status of this second ‘marriage? (2011 Bar Examinations) SUGGESTED ANSWER: (A) Void, because he did not cause the judicial issuance of declaration of the nullity of his first marriage to Jenny before marrying Leonora. Xe - VOID AND VOIDABLE MARRIAGES QUESTION. A Japanese national was able to obtain a divorce decree concerning his marriage with his Filipino wife. The decree capacitated the Japanese national to remarry. Can the Filipino wife now avail of Article 26 of the Family Code and then remarry? Explain briefly. (2020/2021 Bar Examinations) SUGGESTED ANSWER: Yes, the Filipino wife may avail of article 26 of the Family Code. According to article 26 (2) of the Family Code, where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce decree is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law. ‘Also, in the case of Republic v. Manalo (6.8. Ho. '221029, April 24, 2018), the Supreme Court held that under article 26 (2) of the Family Code, a Filipino citizen has the capacity to remarry under Philippine law after initiating a divorce proceeding abroad and obtaining a favorable judgment against his or her alien spouse who is capacitated to marry. Here, the Japanese national was the one who obtained the divorce decree. Applying article 26(2) of the Family Code, the legal effects of the divorce decree obtained by the Japanese spouse may be recognized in the Philippines which enables the Filipino wife the capacity to remarry. ee QUESTION. State whether the following marital unions are valid, void, or voidable, and give the corresponding justifications for your answer: (a) Ador and Becky's marriage wherein Ador was afflicted with AIDS prior to the marriage. (b) Carlos’ marriage to Dina which took place after Dina had poisoned her previous husband Edu in order to free herself from any impediment in order to live with Carlos. (©) Eli and Fely’s marriage solemnized seven years after the disappearance of Chona, Eli's previous spouse, after the plane she had boarded crashed in the West Philippine Sea. (@) David who married Lina immediately the day after obtaining a judicial decree annulling his prior marriage to Elisa. (e) Marriage of Zoren and Carmina who did not secure a marriage license prior to their wedding, but lived together as husband and wife for 10 years without any legal impediment to. marry. (2017 Bar Examinations) SUGGESTED ANSWER: (a) The marriage is voidable. This is because Ador was afflicted with a serious and incurable sexually-transmitted disease at the time of marriage, which is a ground for annulment under Article 45 of the Family Code. For a marriage to be annulled under article 45 of the — Family Code, the. sexually-transmissible disease must be: (1) existing at the time of marriage; (2) found to be serious and incurable; and (3) unknown to the other party. Here, since Ador was afflicted with AIDS, which is a serious and incurable disease. Furthermore, the said disease existed prior to the marriage, and continued to do so during their marriage. Therefore, the marriage is voidable, provided that such illness was not known to Becky. (b) The marriage of Carlos and Dina is void for reasons of public policy under article 38 of the Family Code,Article 38(9) of the Family Code provides that ‘a marriage shall be void from the beginning for reasons of public policy when one of the parties, with the intention to marry the other, killed that other person’s spouse or his ‘or her own spouse. Here, Dina had poisoned her previous husband to free herself from any impediment to marrying Carlos. Hence, the marriage of Carlos and Dina is void. (c) According to article 35(4) of the Family Code, the marriage is null and void. The following are the requirements for a valid marriage under Article 41 of the Family Code: 1) the prior spouse had been absent for four consecutive years, except when the disappearance is in danger of death, which requires only two years; 2) the present spouse had a well-founded belief that the absent spouse was already dead; and 3) the spouse present must institute ‘a summary proceeding for declaration of presumptive death. Hothing in the facts suggests that Elf filed a summary proceeding for declaration of presumptive death of her previous spouse. A person may not be presumed dead and a summary proceeding is necessary to declare him as presumptively dead for the purpose of remarriage. As a result, the exception in Article 35(4) is inapplicable, (4) The marriage is void. Article 53 of the Family Code states that a subsequent marriage shall be null and void the former spouses do not comply with the requisites under Article 52 of the Family Code. In this case, no partition and distribution of conjugal property has taken place, nor has there been a delivery of legitimes to the children David and Elisa’s children, if any. Therefore, the marriage is void. (€) Zoren and Carmina’s marriage is valid. According to Article 34 of the Family Code, a man and a woman who have lived together as, husband and wife for at least 5 years and have no legal impediment to marrying each. other may celebrate their marriage without obtaining a marriage license, As a result, if Zoren and Carmina lived as husband and wife for ten years prior to their marriage, their marriage is valid despite the lack of a marriage license. oe QUESTION. The petitioner filed a petition for declaration of nullity of marriage based allegedly on the psychological incapacity of the respondent, but the psychologist was not able to personally examine the respondent and the psychological report was based only on the narration of petitioner. Should the annulment be granted? Explain. (2012 Bar Examinations) SUGGESTED ANSWER: Yes, the annulment shall be granted. In the case of Tan-Andal v Andal (G.R. No. 196359; May 11, 2021), psychological incapacity is not a medical but a legal concept. It refers to a personal condition that prevents a spouse to comply with fundamental marital obligations only in relation to a specific partner that may exist at the time of the marriage but may have revealed through behavior subsequent to the ceremonies. It need not be a mental or personality disorder, nor does it need to be a permanent and "incurable condition. ‘Therefore, the testimony of a psychologist or psychiatrist is not mandatory in all cases. The totality. of the evidence must show clear and convincing evidence to cause the declaration of nullity of marriage. Here, if the petitioner has clear and convincing evidence to cause the declaration of nullity marriage, even without the psychological report, the petition may prosper. 8 QUESTION. A petition for declaration of nullity of a void marriage can only be filed by either the husband or the wife? Do you agree? Explain your answer. (2012 Bar Examinations) SUGGESTED ANSWER: Yes, | agree that a petition for declaration of ‘nullity of a void marriage can only be filed by the husband or the wife. According to Sec. 2 of A.M. No. 02-11-10-SC or the Rule on Declaration of Absolute tullity of Void Marriages and theAnnulment of Voidable Marriages, a petition for declaration of nullity of void marriage may be filed solely by the husband or the wife. However, in Carlos v. Sandoval, the Court ruled that compulsory or intestate heirs may still question the validity of the marriage of the spouses in a proceeding for settlement of the estate of the deceased spouse. Thus, a petition for declaration of nullity of a void marriage can only be filed by either the husband or the wife. (A.M. 02-11-10-SC, Rule ‘on Declaration of Absolute Hullity of Void Marriages and the Annulment of Voidable Marriages, Section 2) QUESTION. You are a Family Court judge and before you is a Petition for the Declaration of Nullity of Marriage (under Article 36 of the Family Code) filed by ‘Maria against Neil. Maria claims that Neil is psychologically incapacitated to comply with the essential obligations of marriage because Neil is a drunkard, a womanizer, a gambler, and a mama's boy- traits that she never knew or 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 three witnesses- herself, Dr. Elsie Chan, and Ambrosia. Dr. Chan testified on the psychological report on Neil that she prepared. Since Neil never acknowledged nor responded to her invitation for interviews, her report is solely based on her interviews with Maria and the spouses’ minor children. Dr. Chan concluded that Neil is suffering from Narcissistic Personality Disorder, an ailment that she found to be already present since Neil's early adulthood and ‘one that is grave and incurable. Maria testified on the specific instances when she found Neil drunk, with another woman, or squandering the family’s resources in a casino. Ambrosia, the spouses’ current household help, corroborated Maria's testimony. On the basis of the evidence presented, will you grant the petition? (8%) (2013 Bar Examinations) SUGGESTED ANSWER: lo. The petition should not be granted. Although Art. 36 of the Family Code, provides for psychological incapacity of one or both spouses as a ground for nullity, it should only be used as a basis for downright incapacity and failure to perform essential marital obligations which are psychological in nature. Moreover, pursuant to the case of Tan-Andal vs Andal (GR No. 196359, May 11, 2021), the Supreme Court held that Psychological Incapacity is not a medical, but a legal concept. It is a personal condition that prevents a spouse from performing marital obligations to the other spouse that may have existed at the time of marriage, but only revealed after the ceremony, It does not need to be a medical or personality disorder, incurable or permanent. and expert testimonies are no longer mandatory in all cases. Hence, the report concluded by Dr. Chan is not a reasonable basis to reach the conclusion of teil’ psychological incapacity since she based her interviews only with Maria and the children. (art. 36, FC Tan-Andal vs Andal, GR No. 196359; May 11, 2021) 8 QUESTION. Leo married Lina and they Begot a son. After the birth of their child, Lina exhibited unusual behavior and started to neglect her son; she frequently went out with her friends and gambled in casinos. Lina later had extra-marital affairs with several men and eventually abandoned Leo and their son. Leo was able to talk fo the psychiatrist of Lina who told him that Lina suffers from dementia praecox, a form of psychosis where the afflicted person is prone to commit homicidal attacks. Leo was once stabbed by Lina but fortunately he only suffered minor injuries. Will a Petition for Declaration of Nullity of Marriage filed with the court prosper? Explain. (5%) (2016 Bar Examinations) SUGGESTED ANSWER: \No, a Petition for Declaration of Hullity of Marriage filed with the court will not prosper. Jurisprudence holds that _ psychological incapacity must be characterized by. (a) gravity, (b) juridical antecedence, and (c) incurability. The illness must be shown as downright incapacity or inability to perform ‘one’s marital obligations, not a mere refusal, neglect, difficulty, or much less, ill will Actual_medical examination need not be resorted to where the totality of evidencepresented is enough to sustain a finding of psychological incapacity. The incapacity must be characterized as incurable in the legal sense, not a medical sense. This means that the incapacity is so enduring and persistent with respect to a specific partner, and contemplates a situation where the couple's respective personality structures are so incompatible and antagonistic that the only result of the union would be the inevitable and irreparable breakdown of the marriage. (Santos v. CA (240 SCRA 20 [19954); Marcos v. Marcos (343 SCRA 755 12000)); Tan-Andal v. Andal) x x QUESTION. Rene and Lily got married after @ brief courtship. After one month, Lily discovered that while Rene presented himself as a macho man he was actually gay. He would not go to bed with her. He kkept obscene magazines of nude men and always sought the company of handsome boys. What legal remedy does Lily have? (2011 Bar Examinations) SUGGESTED ANSWER: A. She can file an action for annulment of marriage on ground of fraud. x x QUESTION. X and ¥, Filipinos, got married in Los Angeles, USA, using a marriage license issued by the Philippine consul in Los Angeles, acting as Civil Registrar. X and Y did not know that they were first cousins because their mothers, who were sisters, were separated when they were quite young. Since X did not want to continue with the relation when he heard of it, he left Y, came to the Philippines and married Z. Can X be held liable for bigamy? (2011 Bar Examinations) SUGGESTED ANSWER: (C) Yes since he married Z without first securing a judicial declaration of nullity of his marriage to Y. oe QUESTION. Baldo, a rejected suitor, intimidated Judy into marrying him. While she wanted to question the validity of their marriage two years after the intimidation ceased, Judy decided in the meantime to freely cohabit with Baldo. After more than 5 years following their wedding, Judy wants to file a case for annulment of marriage against Baldo on ground of lack of consent. will her action Prosper? (2011 Bar Examinations) SUGGESTED ANSWER: (8) Ilo, since the marriage was merely voidable and Judy ratified it by freely cohabiting with Baldo after the force and intimidation had ceased Xe - QUESTION. Josie, 18, married Dante, 25, without her parents’ knowledge and consent, and lived with him. After a year, Josie returned to her parents’ home, complained of the unbearable battering she was getting from Dante, and expressed desire to have her marriage with him annulled. Who may bring the action? (2011 Bar Examinations) ‘SUGGESTED ANSWER: (8) Her parents. x x ee esa QUESTION. 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 Christian's sexual infidelity. Will the action prosper? Explain. (2012 Bar Examinations) SUGGESTED ANSWER: No. The action will not prosper. According to article 55(8) of the Family Code, sexual infidelity or perversion may be a’ ground of legal separation, However, in this case, Nikki condoned the act of Christian. Under article 56(1) of the Family Code, legal separation may be denied on the ground where the aggrieved party has condoned the offense or act complained of. Here, tiki has already discovered. that Christian was having an affair with another ‘woman, but stil tried to live with him for two years. Thus, the action shall not prosperbecause there was a condonation of an act on the part of Nikki ALTERNATE ANSWER: tlo, the action will not prosper. According to article 56 of the Family Code the petition for legal separation shall be denied where the aggrieved party has condoned the offense or act complained of. The condonation may be either express or implied, and the only general rule is that any cohabitation with the guilty party after the commission of the offense, and with the knowledge or belief on the part of the injured party of its commission, will amount to conclusive evidence of condonation. This presumption may be rebutted by evidence to the contrary. In this case, Nikki cohabited with Christian after she knew that he was having an affair with another woman for two years, which amounts to an implied condonation’ of the offense or act complained of. Thus, the action will not prosper. (Family Code of the Philippines, article 56; Elmer T. Rabuya, The Law on Persons and Family Relations, 2017, p. 514) x x QUESTION. The wife filed a case of legal separation against her husband on the ground of sexual infidelity without Previously exerting earnest efforts to come to a compromise with him. The judge dismissed the case for having been filed without complying with a condition precedent. Is the dismissal proper? (2011 Bar Examinations) SUGGESTED ANSWER: (8) No, since legal separation like validity of marriage is not subject to compromise agreement for purposes of filing. QUESTION. No decree of legal separation can be issued (2011 Bar Examination) SUGGESTED ANSWER: (8) without prior efforts at reconciliation shown to be futile. —«-8 Cae e as) ESOP Nua — 10 GENERAL PROVISIONS QUESTION. What happens to the property regimes that were subsisting under the ‘New Civil Code when the Family Code took effect? (2011 Bar Examinations) SUGGESTED ANSWER: A. The original property regimes under the Hew Civil Code are immutable and thus remain effective. Art. 256 of the Family Code states that, the family code shall be retroactive insofar as it does not prejudice or impair vested or acquired rights. In this case, if the marriage was contracted before August 3, 1988, the Conjugal Partnership of Gains shall govern in the absence of a marriage settlement. Therefore, the property regimes subsisting prior to the family code cannot be impaired by the effectivity of the Family Code. x ‘QUESTION. Maria, wife of Pedro, withdrew 5 Million from their conjugal funds. With this money, she constructed a building on a lot which she inherited from her father. Is the building conjugal or paraphernal? Reasons. (2012 Bar Examinations) SUGGESTED ANSWER: It depends whether or not the value of the building fs more than the value of the land. Under Art. 120 of the Family. Code, concerning improvements, ‘ownership depends upon the resulting value of the whole property, if it increases the value of the land on which the improvement ‘was built then such property shall pertain to the conjugal property of the spouses. Otherwise, if there is no increase, the owner spouse shall retain the whole property. In either case both shall be the subject to the rule on reimbursement. Thus, the ownership depends solely upon the resulting value of the property upon improvement. (Art. 120, Family Code) x ee QUESTION. The husband assumed sole administration of the family’s mango plantation since his wife worked abroad. Subsequently, without his __wife’s knowledge, the husband entered into an antichretic transaction with a company, giving it possession and management of theplantation with power to harvest and sell the fruits and to apply the proceeds to the payment of a loan he got. What is the standing of the contract? (2011 Bar Examinations) SUGGESTED ANSWER: D. It is considered a continuing offer by the parties, perfected ‘only upon the wife’s acceptance or the court's authorization. The contract is void. Any sale or encumbrance made by one without the consent of the other is void under Art. 96 of the Code. It is, however, considered a continuing Family offer, the validity of which is dependent on or requires the consent of both spouses or court authorization. In the present case, the husband cannot enter into a valid contract that subjects the property to sale or encumbrance. Thus, the husband's antichretic transaction shall remain. a continuing offer and may only be perfected upon the wife's concept or acceptance or the court's authorization, x 8 x QUESTION. X and ¥, both Filipinos, were married and resided in Spain although they. intend to return to the Philippines at some future time. They have not executed any marriage settlements. What law governs their property relations? (2011 Bar Examinations) SUGGESTED ANSWER: (8) Philippine law since they are both Filipinos. DONATIONS BY REASON OF MARRIAGE QUESTION. Can common-law spouses donate properties of substantial value to ‘one another (2011 Bar Examinations) ‘SUGGESTED ANSWER: A. to, they are only allowed to give moderate gifts to each other during family rejoicing, According to article 87, any donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage is, void, except for moderate gifts given to each other on the occasion of any family rejoicing. ‘The same prohibition also applies to common law spouses. uu Therefore, donations made to each other by married couples or common law partners during the course of their marriage or partnership are thus void. However, giving modest gifts on the occasion of any family celebration is permitted. 8 x GENERAL PROVISIONS ON PROPERTY RELATIONS QUESTION. What happens to the property regimes that were subsisting under the ‘New Civil Code when the Family Code took effect? (2011 Bar Examinations) SUGGESTED ANSWER: (A) The original property regimes are immutable and remain effective. QUESTION. Before Karen married Karl, she inherited P5 million from her deceased mother which amount she brought into the marriage. She later used part of the money to buy a new Mercedes Benz in her name, which Karen and her husband used as a family car. Is the car a conjugal or Karen’s exclusive property? (2011._—Bar. Examinations) SUGGESTED ANSWER: (D) It is Karen’s exclusive property since she bought it with her own money. x ‘ABSOLUTE COMMUNITY OF PROPERTY QUESTION. Danny and Elsa were married in 2002. In 2012, Elsa left the conjugal home and her two minor children with Danny to live with her paramour. In 2015, Danny sold without Elsa’s consent a parcel of land registered in his name that he had purchased prior to the marriage. Danny used the proceeds of the sale to pay for his children’s tuition fees.1s the sale valid, void or voidable? Explain your answer. (2017 Bar Examinations) SUGGESTED ANSWER: The sale of the parcel of land is void, article 75 of the Family Code states that in the absence of marriage settlement or when the regime agreed upon is void, the system of absolute community property shall govern. Here, there was no marriage settlement executed prior to the marriage so absolute community property shall govern. Moreover, the marriage of Danny and Elsa was still valid as there was no indication thatthe marriage was subsequently annulled before Danny lived with her paramour. Thus, the sale without consent is not valid. ALTERNATIVE ANSWER: In the case at bar, the sale of the parcel of land is void. According to the Family Code, if the marriage was contracted before the Family Code (before 03 August 1988), then the conjugal partnership of gains (CPG) will govern. However, if the marriage was contracted after 03 August 1988, then the absolute ‘community of property (ACP) will apply. in the case at bat, Danny and Elsa contracted the marriage ' in 2002, thus absolute community of property shall apply. Accordingly, the selling of the. property without the knowledge and consent of Elsa, makes it void. ex QUESTION. Rica petitioned for the annulment of her ten-year old marriage to Richard. Richard hired Atty. Cruz to represent him in the proceedings. in payment for Atty. Cruz's acceptance and legal fees, Richard conveyed to Atty. Cruz @ parcel of land in Taguig that he recently purchased with his lotto winnings. The transfer documents were duly signed and Atty. Cruz immediately took possession by fencing off the property's entire perimeter. Desperately needing money to pay for his mounting legal fees and his other needs and despite the transfer to Atty. Cruz, Richard offered the same parcel of land for sale to the spouses Garcia. After inspection of the land, the spouses considered it a good investment and purchased it from Richard. immediately after the sale, the spouses Garcia commenced the construction of a three-story building over the land, but they were prevented from doing this by 2 Atty. Cruz who claimed he has a better rright in light of the prior conveyance in his favor. 1s Atty. Cruz's claim correct? (8%) SUGGESTED ANSWER: 110. The contention of ‘Atty. Cruz is incorrect. art. 1491(5) specifically prohibits lawyers from acquiring properties and rights to which the object of any litigation in which they take part by virtue of profession. Also, Richard purchased the land with his lotto winnings during the pendency of the annulment and with the assumption that the parties are governed by the regime of absolute community property ‘or conjugal partnership of gains, Richard and Rica, it may not be sold or alienated without the consent of the latter and any disposition ‘or encumbrance of the property without the consent of the other spouse is void as provided in Art. 96 and Art, 124 of the Family Code. (Art. 1491 NCC, Art 96 and Art 124 FC) xe x CONJUGAL PARTNERSHIP OF GAINS QUESTION. Gabby and Mila got married at Lourdes Church in Quezon City on July 10, 1990. Prior thereto, they executed a marriage settlement whereby they agreed ‘on the regime of conjugal partnership of gains, The marriage settlement was registered. in the Register of Deeds of ‘Manila, where Mila is a resident. In 1992, they jointly acquired a residential house and lot, as well as a condominium unit in ‘Makati. In 1995, they decided to change their property relations to the regime of complete separation of property. Mila consented, as she was then engaged in a lucrative business. The spouses then signed a private document dissolving their conjugal partnership and agreeing on a complete separation of _ property. Thereafter, Gabby acquired a mansion in Baguio City, and a 5-hectare agricultural land in ‘Oriental “Mindoro, which he registered exclusively in his name. In the year 2000, Mila's business venture failed, ‘and her’ creditors sued her for P10,000,000.00. After obtaining a favorable judgment, the creditors sought to execute on the spouses’ house and lot ‘and condominium unit, as well as Gabby's ‘mansion and agricultural land.(a) Discuss the status of the first and the ‘amended marriage settlements. (b) Discuss the effects of the said settlements on the properties acquired by the spouses. (©) What properties may be held answerable for _ Mila’s obligations? Explain. (2005 Bar Examinations) SUGGESTED ANSWER: (a) The marriage settlement between Gabby and Mila adopting the regime of conjugal partnership of gains still subsists. article 134 of the Family Code states that in the absence of an express declaration in the marriage settlement, the separation of property between the spouses during the marriage shall not take place except by judicial order. In the case at bar, the agreement of Gabby and Mila to dissolve their marriage settlement during the marriage shall not take place in the absence of a judicial order. Thus, thei marriage settlement still subsists. (b) The regime of conjugal partnership. of gains governs the properties acquired by the spouses. Under Article 116 of the Family Code, all property acquired during the marriage, contracted or registered in the name of one or both spouses, is presumed to be conjugal unless the contrary is proved. In the case at bat, even if Gabby registered the mansion and ’S-hectare agricultural land exclusively in his name, it still presumed to be conjugal properties, unless the contrary is proved. Thus, the conjugal partnership for gains regime shall govern. (C) Because all of the properties are conjugal, they can be held liable for Mila’s debt. According to article 121 (3) of the Family Code, the conjugal partnership is liable for debts and obligations contracted by either spouse without the consent of the other if they benefit the family. However, the creditor claiming against the properties bears the burden of proof. (ayala Investment v. Court of Appeals, G.R. Ilo. 118305, February 12, 19998, reaffirmed in Homeowners Savings & Loan Bank ¥. Dailo, G.R. No. 153802, March. 41, 2005) As a result, all properties are liable for Mila’s obligation. ALTERNATIVE ANSWER for (c): (¢) Except for the family home, all of Gabby and Mila’s other properties may be held accountable for Mila’s obligation. According B to Article 121 [3] of the Family Code, the conjugal partnership can be held liable for debts and obligations contracted during the marriage if the family benefited or if the debts were contracted by both spouses, or by ‘one of them with the consent of the other. A family home is a place where a person and his family live, It grants a family the right to enjoy such property, which must remain with the person who owns it and his heirs. Except in exceptional circumstances, creditors cannot seize it. (Taneo, Jr. v. Court of Appeals, G.R. No. 108532, March 9, 1999) Therefore, all ‘properties, except the residential house may be held answerable for ila’s obligation, x x QUESTION. Solomon sold his coconut plantation to Aragon, Inc. for 100 million, Payable in installments of P10 million per ‘month with 6% interest per annum. Solomon married Lorna after 5 months and they chose conjugal partnership of gains to govern their property relations. When they married, Aragon had an unpaid balance of P50 million plus interest in Solomon's favor. To whom will Aragon’s monthly Payments go after the marriage? (2011 Bar Examinations) SUGGESTED ANSWER: D. The principal shall go to Solomon but the interests to the conjugal partnership. xe QUESTION. When does the regime of conjugal partnership of gains begin to exist? (2011 Bar Examinations) SUGGESTED ANSWER: (A) At the moment the parties take and declare each other as husband and wife before officiating officer. ee QUESTION. Josie owned a lot worth P5 million prior to her marriage to Rey. Subsequently, their conjugal partnership spent P3 million for the construction of a house on the lot. The construction resulted in an increase in the value of the house and lot to P9 million. Who owns the house and the lot? (2011 Bar Examination)SUGGESTED ANSWER: (8) Josie will own both since the value of the house and the increase in the property’s value is less than her lot's value; but she is to reimburse conjugal partnership expenses. x x PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE QUESTION. Bernard and Dorothy lived together as common-law spouses although they are both capacitated to marry. After ‘one year of cohabitation, Dorothy went abroad to work in Dubai as a hair stylist and regularly sent money to Bernard. With the money, Bernard bought a lot. For a good price, Bernard sold the lot. Dorothy ‘came to know about the acquisition and sale of the lot and filed a suit to nullify the sale because she did not give her consent to the sale. (a) Will Dorothy's suit prosper? Decide with reasons. (2.5%) (b) Suppose Dorothy was jobless and did not contribute money to the acquisition of the lot and her efforts consisted mainly in the care and maintenance of the family and household, is her consent to the sale a prerequisite to its validity? Explain. (2005 Bar Examinations) SUGGESTED ANSWER: (a) Yes, Dorothy’ suit will prosper. The rule of co-ownership governs the property relationship in a union without marriage between a man and a woman who are capable of marrying each other, according to Article 147 of the Family Code. According to this article, neither party may encumber or dispose of his or her share of the property acquired during cohabitation and owned in ‘common by acts inter vivos without the consent of the other until after the termination of their cohabitation. In the present case, Bernard cannot legally dispose of the lot without Dorothy's consent because the lot was acquired through their work during their cohabitation, “As a result, Dorothy suit will prosper. (b) Yes, even if Dorothy was unemployed and did not contribute money to the purchase of the lot, her consent is still required for the 4 sale to be valid. According to the same article, a party who did not participate in the acquisition of any property by the other party is deemed to have contributed jointly in its acquisition if the former's efforts consisted in the care and maintenance of the family and the household. Although Bernard's money was solely used to purchase the lot in this case, Dorothys care and maintenance of the family and household are deemed contributions in the acquisition of the lot. As a result, because the lot is deemed owned in common by the common-law spouses in equal shares, as the same was acquired during their cohabitation, the consent of Dorothy is still a prerequisite to the sale, without prejudice to the rights of a buyer in good faith and for value. —* QUESTION. Sofia and Semuel, both unmarried, lived together for many years in the Philippines and begot three children. While Sofia stayed in the Philippines with the children, Semuel went abroad to work and became a naturalized German citizen. He met someone in Germany whom he wanted to marry. Semuel thereafter came home and filed a petition with the Regional Trial Court (RTC) for partition of the common properties acquired during his union with Sofia in the Philippines. The properties acquired during the union consisted of a house and lot in Cavite worth PhP2 million, and some personal properties, including cash in bank amounting to PhP1 million. All these properties were acquired using Samuel's salaries and wages since Sofia was a stay-at-home mother. in retaliation, Sofia filed an action, on behalf of their minor children, for support. (a) How should the Partitioned? (2.5%) (b) Should Semuel be required to support the minor children? (2.5%) (2018 Bar Examinations) properties be SUGGESTED ANSWER: (a) The property should be partitioned equally. Under art. 147, FC, when a man and ‘a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit ofmarriage or under avoid marriage, their ‘wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership.For purposes of this article, a party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the former's efforts consisted in the care and maintenance of the family and of the household. (b) Yes. Parents and their illegitimate children and the legitimate and illegitimate children of the latter are obliged to support each other to the whole extent set forth in Art. 194 of the FC (Article 195, FC) x QUESTION. Venecio and Ester lived as ‘common-law spouses since both have been married to other persons from whom they had been separated in fact for several years. Hardworking and bright, each earned incomes from their respective professions and enterprises. What is the nature of their incomes? (2011 Bar Examinations) SUGGESTED ANSWER: (8) Separate since their property relations with their legal spouses are still subsisting, x PN NA e UP Eau) LEGITIMATE CHILDREN QUESTION. After finding out that his girlfriend Sandy was four (4) months Pregnant, Sancho married Sandy. Both were single and had never been in any serious relationship in the past. Prior to the marriage, they agreed in a marriage settlement that the regime of conjugal partnership of gains shall govern their Property relations during marriage. Shortly after the marriage, their daughter, Shalimar, was born. 15 Before they met and got married, Sancho purchased a parcel of land on installment, under a Contract of Sale, with the full purchase price payable in equal annual amortizations over a period of ten (10) years, with no down payment, and secured by a’ mortgage on the land. The full purchase price was PhP1 million, with interest at the rate of 6% per annum. After paying the fourth (4th) annual installment, Sancho and Sandy got married, and Sancho completed the payments in the subsequent years from his salary as an accountant. The previous payments were also paid out of his salary. During their marriage, Sandy also won PhP1 million in the lottery and used it to purchase jewelry. When things didn't work out for the couple, they filed an action for declaration of nullity of their marriage based on the psychological incapacity of both of them. When the petition was granted, the parcel of land and the jewelry bought by Sandy were found to be the only properties of the couple. (a) What is the filiation status of Shalimar? (2.5%) (b) What system of property relationship will be liquidated following the declaration of nullity of their marriage? (2.5%) (©) In the liquidation, who should get the Parcel of land? The jewelry? (2.5%) (d) Is Shalimar entitled to payment of Presumptive legitime? if yes, how much should be her share and from where should this be taken? (2018, Bar Examinations) SUGGESTED ANSWER: (a) Shalimar is Sancho and Sandy's legitimate child. According to Article 54 of the Family Code, children conceived or born before the judgment of annulment or absolute nullity of ‘the marriage under article 36 has become final and executory shall be considered legitimate. Sancho and Sandy had already been married when Shalimar was born. As a result, Shalimar is a legal child, (b) Co-ownerships. According to Article 147 of the Family Code, when a man and a woman ‘who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salariesshall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership, (c) Sancho should get the parcel of land while Sandy should get the jewelry. According to article 147 of the Family Code, property acquired through their work or industry by a man and a woman, who are capacitated to marry each other and who cohabited under a void marriage, shall be governed by rules on co-ownership and in the absence of proof to the contrary, properties acquired while they live together shall be presumed to have been. obtained by their joint efforts, work or industry. Here, Sancho bought the parcel of land and paid for it using his salary while Sandy used her winnings from the lottery to purchase the jewelry. There was no showing that Sandy ‘cared for or maintained the family; hence, she should not be deemed to have contributed to the acquisition of the parcel of land. The jewelry was acquired by Sandy using her lottery winnings which she obtained not by work or industry but by chance, (4) No, Shalimar is not entitled to presumptive legitime. Jurisprudence holds that the liquidation of the co-ownership under Article 147 does not provide for the obligation to pay the presumptive legitime of the common children. It applies only to the liquidation of the absolute community or conjugal partnership of gains. [Dino v. Dino, {640 SCRA 178 (2011); Valdes v, RTC, 260 SCRA 221 (1996)]. eg QUESTION. Sinclair and Steffi had an illicit relationship while Sinclair was married to another. The relationship produced a daughter Sabina, who grew up with her mother. For most parts of Sabina’s youth, Steffi spent for her support and education. When Sabina was 21 years old, Sinclair's wife of many years died. Sinclair and Steffi lost no time in legitimizing their relationship. After the 40-day prayers for Sinclair's late wife, Sinclair and Steffi got married without a marriage lice claiming that they have been cohabiting for the last 20 years. 16 After graduating from college, Sabina decided to enroll in law school. Sinclair said that he was not willing to pay for her school fees since she was no longer a minor. ‘Sinclair claimed that, if Sabina wanted to be a lawyer, she had to work and spend for her law education. (a) What is Sabina’s filiation status? (2.5%) (b) Is Sinclair legally required to finance Sabina’s law education? (2.5%) (2018 Bar Examinations) SUGGESTED ANSWER: (a) Sabina is an illegitimate child under Article 165 of the Family Code. Article 165 states that children who are conceived and born outside a valid marriage are illegitimate. Sabina’s father Sinclair was married to another woman at the time she was conceived and born. As no valid marriage could have existed between her parents during her conception and birth, Sabina is clearly born outside of a valid wedlock Hence, Sabina is an illegitimate child. Her parents’ subsequent marriage cannot accord to her legitimation. Under Article 177 of the Family Code, only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated. ‘At the time of Sabina’s conception her father Sinclair {s married to another woman which means one of her parents has as an ‘impediment to marry the other. Hence, Sabina cannot be legitimated under article 47. (b) Mo. Under article 194 of the FC, the education of the person entitled to be supported shall include schooling or training for some profession, trade or vocation even beyond the age of majority. Since Sabina has necessarily finished obtaining a profession before entering law school, Sinclair is no longer obliged to finance the former's law education, Thus, Sabrina can no longer demand support for her law education from her father. aQUESTION. Fidel, a Filipino with fair complexion, married Gloria. Before the marriage, Gloria confessed to Fidel that she was two-month pregnant with the child of a black African who had left the country for good. When the child was born, Fidel could not accept it being too black in complexion. What is the status of the child? (2011 Bar Examinations) SUGGESTED ANSWER: C. _ Legitimate, because the child was born within a valid marriage. PROOF OF FILIATION QUESTION. Ed and Beth have been married for 20 years without children. Desirous to have a baby, they consulted Dr. Jun Canlas, @ prominent medical specialist on human fertility. He advised Beth to undergo artificial insemination. It was found that Ed's sperm count was inadequate to induce pregnancy. Hence, the couple looked for a willing donor. Andy, the brother of Ed, readily consented to donate his sperm. After a series of tests, Andy's sperm was medically introduced into Beth's ovary. She became pregnant and 9 months later, gave birth to a baby boy, named Alvin. (a) Who is the father of Alvin? Explain, (b) What are the requirements, if any, in order for Ed to establish his paternity over Alvin, (2006, Bar Examinations) ‘SUGGESTED ANSWER: (a) Husband Ed is the father. According to Article 164 of the Family Code, children conceived or born during the marriage of the parents are legitimate. Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate children of the husband & his wife, provided that both of them. authorized or ratified such insemination in a written instrument executed & signed by them before the birth of the child. The instrument. shall be recorded in the civil registry together with the birth certificate of the child, The presumption of legitimacy can only arise upon convincing proof that the parents of the wv child were legally married & that the child’s conception/birth occurred during the subsistence of such marriage (Angeles v. Maglaya). But, it must be observed that in case the requirements in Art. 164 are not followed and the husband does not impugn the legitimacy of the child on grounds provided by law within the prescriptive period, the child will still be legitimate, having been born in a valid marriage ‘Therefore, husband Ed is the father. a QUESTION. A left B, his wife, in the Philippines to work in Egypt but died in that country after a year’s continuous stay. Two months after ‘’s death, B gave birth to a child, claiming it is A’s child. Who can assail the legitimacy of the child? (2011 Bar Examinations) SUGGESTED ANSWER: (A) A's other heirs apart from B. 8 QUESTION. While engaged to be married, Arnold and Josephine agreed in a public instrument to adopt out the economic regime of absolute community of property. Arnold acknowledged in’ the same instrument that Josephine’s daughter Mary, is his illegitimate child. But Josephine died before the marriage could take place. Does the marriage settlement have any significance? (2011 Bar Examinations) SUGGESTED ANSWER: (8) Yes, insofar as Arnold acknowledged Mary as his illegitimate child, ee ILLEGITIMATE CHILDREN QUESTION. In 1997, B and G started living together without the benefit of marriage. The relationship produced one offspring, Venus. The couple acquired a residential lot in Parafiaque. After four (4) years or in 2001, G having completed her 4-year college degree as a fulltime student, she and B contracted marriage without a license.The marriage of B and G was, two years later, declared null and void due to the absence of a marriage license. Js Venus legitimate, illegitimate, or legitimated? Explain ‘briefly. (2010 Bar Examinations) SUGGESTED ANSWER: Venus is illegitimate. ‘According to Article 178 of the Family Code, legitimation requires a subsequent valid marriage between parents. The annulment of ‘a null and void marriage shall have no effect ‘on. the legitimacy, However, this rule's applicability is restricted to null marriages. If the future marriage is invalid, the legitimation must likewise be invalid. article 165 of the same Code states that children conceived and born outside a valid marriage are illegitimate Here, B and G's marriage was void so Venus remains an illegitimate child. She was conceived and delivered outside of a valid marriage. Despite the fact that Venus was legitimated by her parents’ subsequent marriage, this legitimacy was rendered ineffectual when the marriage was later found void due to the lack of a marriage license. x x QUESTION. Julie had a relationship with a married man who had legitimate children. A son was born out of that illicit relationship in 1981. Although the putative father did not recognize the child in his certificate of birth, he nevertheless provided the child with all the support he needed and spent time regularly with the child and his mother. When the man died in 2000, the child was already 18 years old so he filed a petition to be recognized as an illegitimate child of the putative father and sought to be given a share in his putative father's estate. The legitimate family opposed, saying that under the Family Code his action cannot prosper because he did not bring the action for recognition during the lifetime of his putative father. (a) If you were the judge in this case, how would you rule? (4%) (b) Wishing to keep the peace, the child during the pendency of the case decides to 18 compromise with his putative father's family by abandoning his petition in exchange for 1/2 of what he would have received as inheritance if he were recognized as an illegitimate child. As the judge, would you approve such a ‘compromise? (2%) (2015 Bar Examinations) ‘SUGGESTED ANSWER: (a) If | were the judge, 1 would not rule in favor of the illegitimate child. The action for recognition as an illegitimate child based on the open and continuous possession of the status of an illegitimate child may be brought during the alleged father’s lifetime, according to article 175 of the Family Code. In this case, because the putative father had already died, the action for recognition based on such ‘grounds, as indicated by the putative father’s support and regular spending of time with the child and mother, cannot prosper. (b) No, 1 will not approve the compromise agreement because filiation is a legal issue. It is not for the parties to decide whether a person. is another's legitimate or illegitimate child. (De Jesus v. Dizon Estate, 366 SCRA 499) Article 887 of the Civil Code requires filiation to be proven. ALTERNATIVE ANSWER FOR (b): (b) | would approve the compromise. article 2035 of the Civil Code provides that no compromise as to the civil status of persons shall be valid. In the case at bar, the subject matter of the compromise between the parties is the abandonment of the petition or the end of the litigation between the parties, not the child's civil status. As such, there ‘would be no ruling as to the civil status of the child. Hence, Article 2035 of the Civil Code does not apply. x ee LEGITIMATED CHILDREN QUESTION. RN and DM, without any impediment to marry each’ other, had been living together without benefit of church blessings. Their common-law union resulted in the birth of ZMN. Two years later, they got married in a civil ceremony. Could ZMN be legitimated? Reason. (2004 Bar Examinations) SUGGESTED ANSWER: Yes, ZMI could be legitimated. Art. 269 of the Civil Code