PERSONS AND FAMILY RELATIONS
MIDTERM EXAM
After super typhoon Yolanda wreaked havoc over parts of Visayas and Mindanao, causing widespread
destruction in dozens of provinces and displacing over 2 million people. the executive and legislative
branches of the government agreed to enact a special law appropriating P1 billion for purposes of relief
and rehabilitation for the provinces. In view of the urgent nature of the legislative enactment, it is
provided in its effectivity clause that it shall take effect upon approval and after completion of
publication in the Official Gazette and a newspaper of general circulation in the Philippines, The law was
passed by the Congress on November 10 2013. signed into law by the President on November 13, 2013,
and published in such newspaper of general circulation on Novernber 17, 2013 and in the Official
Gazette on November 20, 2013,
(a) As to the publication of said legislative enactment, is there sufficient observance or compliance with
the requirements for a valid publication? Explain your answer, (2 pts.)
(b) When did the law take effect? Explain your answer. (2 pts.)
(c) Can the executive branch start releasing and disbursing funds appropriated by the said law the day
following its approval? Explain your answer. (2 pts.)
II.
How is custom proved as law in our Jurisdiction? (5 pts.)
IlI.
Brynne and Ollie were the children of Victoria and David. In March. Victoria’s mother-in-law, aged 70,
took the two children, then aged 7 and 6, with her on a flight to Batanes. Unfortunately, the plane
disappeared at sea, and the bodies of the three were never found. None of the survivors ever saw them
on the water, On the settlement of her mother-ia-law's estate, Victoria files a claim for a share of her
estate on the ground that the same was inherited by her children from their grandmother in
representation of their father, and she inherited the same from them. Will her action prosper? (10 pts.)
IV.
Padma and Parvati are identical twins. Both sisters were grew close to each other. When Padma married
and becume pregnant, Parvati donated P100,000,00 to the unborn child. Unfortunately, the buby died
one hour afler delivery. May Parvati recover the P100.000.00 that she had donuted to said baby before
it was born considering that the baby died? Is the donation valid and binding? Explain. (5 pts.)
V
Antonio “Tony” Starks is a migrant Milipino worker who spends most of the summer working as a
caregiver in a nursing home based in Brooklyn, New Jersey, USA. Hardworking as he is, Tony was able to
carn enough savings to live a comfortable life in the Philippines once he decides to permanently reside
here, Alter working for ten (10) years, Tony decided to savor the fiuits of his labor and travel around the
world. (a)He met and fell in love with Pepper Potts in [livana, Cuba, What law governs his capacity to get
married if they wanted to tie the knot in Cuba? (2 pts.)
(b) What law governs his capacity t) succeed if he was named as an heir toa deceased relative who
recently died in Moscow, Russia? (2 pts.)
(c) After the recent death or his relative, Tomy decided to pian for the future and execute a holographic
will while ite passed through Germany from Russia, What law governs the extrinsic validity of Tony's
Will? (2pts.)
In the same vein, what law governs the intrinsic validity of Tony's Will? (2 pts.) (d)lf you were Tony's
lawyer, what advise would you give him if he asked you to counsel him 1f there was a need for him to
also get marricd here in the Philippines? (2 pts.)
VI
Brad and Angelina, who reacquired Filipino citizenship through the Citizenship Retention and
Reacquisition Act of 2013, met and got married in Japan while both were working as engineers there.
After five (5) years of residing in Japan, the couple moved to Indonesia, Their marriage turned sour, and
Brad filed for annulment before the district court of Bali, Indonesia, The district court decreed the
marriage annulled, Returning to the Philippines, Brad anked you whether or not he would be free to
marry his new girlfriend, Jenn. What would your legal advice be? (5 pts.)
VII
Jojo and Bingbong were hog dealers engaged in the transport of livestock from Luzon to Visayas. On
June 19, 2014, they transported twenty-six (26) hogs & a cow from Camarines Norte with Batangas as its
destination. They were provided with health certificates from the provincial veterinarian and three (3)
other permits attesting that the cattle was not part of lose, stolen or questionable animals, Despite this,
the said livestock were confiscated by members of the Quarantine Burcau of Camarines Norte, who
were respectively the police station commander and provincial veterinarian of the province. The
confiscation was on the basis of an Exccutive Order was dated October 25, 1980 but was published in
the Official Gazette on June 14, 2014. Both filed an action for replevin against the respondents for the
recovery of the subject cattle but this could not be executed by the sheriff. Subsequently, the judge
dismissed the case for lack of cause of action. The petitioners filed an appeal to the Supreme Court
under Rule 45 of the Rules of Court.
Decide the case. (10 pts.)
VIIl.
in 2015, Rafflernet broke an expose on certain recordings containing a wiretapped conversation
purportedly between the Vice-President of the Philippines and a High ranking officer from the
Department af Public Worke and Highways (DP WH). The recordings allegedly contained the VPs
instructions to official to act as a gobetween in a multi-million peso contract entered into by the Housing
Development Corporation, which 18 under the VP‘s office, and the DPWH These recordings were to
become the subject af heated legislative hearings conducted separately by committess of both Houses
of Congress. During the investigation, the House Committee summoned the officer from the DPWH to
appear before them, The officer refused, alleging violation of his right to duc process considering that he
is summoned to attend the Senate hearings without being apprised not only of his 11ghts therein
through the publication of the Senate Rules of Procedure Governing Inquiries in Aid of Legislation, but
also of the intended legislation which underpins the investigation. He further intervenes as a laxpayer
bewalling the useless and wasteful expenditure of public funds involved in the conduct of the
questioned hearings. The House Rules of Procedure Governing Inquiries in Aid of Legislation had been
published in newspapers of general circulation only in 2000 and in 2007, With respect to the present
House of the loth Congress, however, of which the term of half of its members commenced on June 30,
2013, no-etfort was undertaken for the publication of these rules when they first opened their session.
Decide the cage with reasons, (10 pts.)
IX.
On September 23, 1986, a complaint for compulsory recognition and enforcement of successional rights
was filed before RTC Manila by a mmor named Marita San Juan, represented by her mother, Angelita
San Juan, Marita was the illegitimate child of Jose Victor San Juan The complaint was opposed by the
legitimate children of Jose Victor. The RTC rendered judgment in favor of Marita. A petition for certiorari
was then filed by the legitimate children of Jose Victor, alleging that the Family Code of the Philippines
which took effect on August 3, 1988 shall have a retroactive effect thereby the tral court lost jurisciction
over the complaint on the ground of prescnption. Decide the case with reasons. (10 pts.)
X.
What are the differences between Juridical capacity and capacity to act? (10 pts.)
Ans: Juridical Capacity (JC) may be distinguished from Capacity to Act (CA), as follows:
(1) Juridical Capacity is a static condition of the subject while Capacity to Act is dynamic;
(2) Juridical Capacity is the aptitude to be the subject of rights and obligations, the abstract possibility of
receiving legal effects while Capacity to Act is the power to give life to juridical acts, to execute acts with
legal effect;
(3) Juridical Capacity is one, indivisible, irreducible and essentially the same always and for all men while
Capacity to Act does not exist in all men nor does it exist to the same extent;
(4) For the former it is enough that the person exists, i.e., it is inherent and ineffaceable attribute, but
for the latter intelligence and volition is required and since these do not exist in all men nor to the same
extent, the law denies capacity to act absolutely to some and limits it with regard to others;
(5) Juridical Capacity is lost only through death while Capacity to Act may be lost through other means
or circumstances; and
(6) Juridical Capacity cannot be limited or restricted while Capacity to Act can be limited or restricted by
certain circumstances.
XI.
On the moming of September 1953, Carmen was riding a carromata in Ermita, Manila when a delivery
wagon owned by Jose (used for the transportation of goods and to which two horses ure attached),
came from the opposite direction, while their curromata went cloge to the sidewalk in order to let the
delivery wagon pass by. However, stead of merely passing by, the horses ran into the carromata
occupied by the plaint ff with her child and averturned it, causing a serious cut upon the plaintiff's head.
Jose contends that the cochero, who was driving his delivery wagon at the time of the accident, was
actually a good servant and was considered a aafe and reliable cochere. He also claims that the cochero
was tasked to deliver some goods at Calle Herran, and for that purpose the defendant's employee tied
the driving lines of the horses to the front end of the delivery wagon for the purpose of untoading the
forage to be delivered, However, a vehicle passed by the driver and made noises that frightened the
horses causing them to tun, The employee failed to stop the horses since he was thrown ypon the
ground,
Was Jose guilty of negligence? Decide the case. (10 pts.)
Take Home Quiz
Persons and Family Relations
1. A law was passed providing for its immediate effectivity.
a)Does this mean that its immediate effectivity provision would dispense with the publication
raquirement? (5points).
b) May the 15-day peried of publication be reduced or extended? (5 points)
2. Accused was charged under R A. 6425 and was sentenced to life impnsanment. While on appeal, RA
7659 reducing the penalty for the offense depending upon the weight was enacted, Can the law be
applied to the accused? Why? (5 points)
3. A is the owner of an apartment. which is beng lgased to B, who has not been paying his rental for
the last tenanos A. while B was away, entered into the premuses, brought gut the things belonging te
B and ' -adi_.ed the premises preventingB fram entering intait. B sued far damages. interposed’ the
defense that ' @$ just exercising his nghts as owner of the premised Decide. (5 points:
4. A and B are marned. They have two (2) children, C and D. C is married X and they have a son E. Y is
married to D and they have a daughter F. E and F got married. Is their marriage valid? Why? (5 pants)
5. Maria and Luis, both Filipinos, were married by a Catholic priest in Lourdes Church, Quezon City in
1992. Luis was drunk on the day of his wedding. In Fact, he slumped at the altar soon after the
ceremony. After marriage, Luis never had a steady job because he was drunk most of the time. Finally,
he could not get employed at all because of drunkenness. Hence, it was Maria who had to ean a living
to support herself and her child begotten by Lus. in 1996, Maria filed a petition for annulment of
marriage in the church on the ground of psychological incapacity to comply with his marital
obligations. Her petition was granted by the Church matrimonial court.
a) Can Maria now get married legally to another man under Paulippines laws after her marriage to
Luis was annulled by the church matrimonial court? Why? (5 points) ;
b) What must Maria do to enable her to get married lawfully to another man under Philippine laws?
(5 points)
6. A and B are married. A has been absent for a period of five (5 ) years without B knowing his
whereabouts. B then got married to C, without prior declaration of A’s presumptive death.
a) Is the marriage valid? (5 points)
b) Suppose, in the problem given above, it was A who got married. Is the marriage valid? (5points)
7. X, an MTC judge of Manila, was invited to attend a marriage celebration in Baguio City. Since Y, the
Judge who was suppose to solemnize the marriage was unable to attend , he was asked to solemnize
the marriage. Is the marriage valid? Why? (5 points} ‘
8. Suppose A, justice of the Court of Appeals who is a resident of Quezon City solemnized a marriage
in Baguio City while on vacation, is the marriage valid? (5 points)
9. The petitioner while far from home received some information on the acts of infidelity of his wife.
So he went home to verify the truthfulness of the alleged infidelity. He sought for his wife and after
find ng her, convinced her to go with him and live as husband and wife. After two days of living as
husband and wife, A, the husband, tried to extract the truth about his wife's unfaithfulness but B, the
wife, instead of answering his query, merely packed up her things and left him. A took that gesture as
a confirmation of the imputation....
10. A, a law student courted B, a neighbor. B is married to C, a first-degree cousin. When B informed A
of her marriage to C, A told her that nothing would happen to her marriage considering that it is void.
A then persisted in courting B, offering to marry her, until B consented. They got married. After A
fathered a child. he left the conjugal dwelling for no reason at all and later on B found that he has
gotten marred to D. In a disbarment proceeding, he contended that his marriage to B is void, hence,
there was no need to have declared void. Is his contention proper? Why? (10 paints)
11. A and B are married. Their marriage was declared void, After the decision became final, A got
married to C. is the marriage valid? Why? (10 points}
12. A an Amencan citizen married B, a Filipino, while the former was vacationing in Manila. When they
went to the US, A was divorced by B due to irreconcilable conflicts. The decree capacitated A to
remarry under US. laws. Can B get married in the Philippines? Explain? (10 points) .
13. Is the rule that for as long as there is a valid existing marriage, a persan cannot contract a
subsequent marriage absolute? Why? (5 points)
