Ateneo de Manila UniversitySchool ofLaw

Mid - Term ExaminationsCivil Law Review I

IV-A and C

29 luly 2013Dean C. R. del

Castillo

INSTRUCTIONS: Read the facts carefully. Answer solely based on the set of factsgiven. All answers must be brief and concise, but must explain clearly the reasons.Answers without sufficient explanation will not be entitled to any credit. All answersmust be written sequentially, without blank spaces between lines or numbers. Unlessabsolutely necessary, all answers should be written on only the front side of eachpage.

For question no. 7, choose only one answer. Indicate your choice by just writing theletter and number in your booklet. No other writings should appear in this section ofyour answer.

1. The Philippine Congress passed a law allowing same sex marriages in thePhilippines. The approved legislation provides that it shall take effectimmediately after publication. The President signed it into law, andimmediately thereafter, the entire text of the new legislation was posted inthe website of the House of Representatives and the Senate. Five days afterit appeared on the website of both houses, Bong, who was born a male buthad a sexual reassignment a couple of years before the new law waspassed, and his boyfriend Step, applied for a marriage license. The CivilRegistrar of Makati refused to issue them a marriage license since boththeir birth certificates indicate that they are males. If he is unable to obtaina marriage license to be able to marry in the Philippines, Bong and Step,both Filipinos, plan to marry in London where same-sex mariage is legal.They however, intend to live in the Philippines.

a) Can the Civil Registrar of Makatilicense? (5%)

b) If they marry in London, willPhilippines? (5%)

c) If they marry in London and live in the Philippines, what regime ofproperty relationship will govern them? (5%)

2. Mikos is a US citizen of Greek ancestry, and is engaged in business in thePhitippines. He wants to marry Trina, a Philippine citizen, and his live-inpartner for more than l0 years. They live in a condominium unit owned byMikos in Salcedo Village, Makati. He also owns a building in Detroit,USA, and 100,000 shares in Lion Air Inc., a company organized under thelaws of Singapore with a branch office in Makati. The wedding is to besolemnized in civil rites in Bali, Indonesia. In appreciation of their morethan 10 years of being together and in anticipation of their forthcoming

be compelled to issue the marriage

the maniage be recognized in the

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marriage, Mikos donated to Trina before the wedding, the Salcedo villagecondominium unit and half of the Lion Air shares. what laws will govern:

a) the capacity of the parties to validly marry? (3%)b) the authority of the solemnizing officer to the marrrage? (3%o)c) the system of property relations of the parties after the celebration of

the maniage? (3%)d) the formalities required for the transfer of the properties donated by

Mikos to Trina? (3%) ande) Trina's right to inherit from Mikos when the latter passes away? (3%)Preston, a citizen of South Africa, proposed marriage to Helen. Thewedding date and place in South Africa, including the honeymoon, wasset. Invitations were also sent out to family and friends. Preston paid for allthe charges for the venue of the wedding and the reception, and paid thedown payment for their European tour. Helen, on the other hand, paid forher wedding dress and the gowns of those in the entourage. Inconsideration of the marriage, Mariano, the principal sponsor gifted themwith a condominium unit which was registered in the name of Helen. Theday before the wedding, Preston found out that Helen has a daughter whowas bom when Helen was only 19 years old. For this reason, he did notshow up for the wedding ceremony and announced that the wedding wascancelled, although Helen's family had already flown to South Africa.

a) What action, if any, can Helen successfully institute against Preston?(s%)

b) Must Helen retum the condominium unit to Mariano? (5%)c) If the wedding had been celebrated, would Preston have any legal

ground to sue in the Philippines for annulment, declaration of nullity orlegal separation for Helen's failure to disclose her previous pregnancy?(s%)

d) If the marriage is celebrated and Preston instead decides to file fordivorce in South Africa, can Helen remarry and what is the procedurefor doing that if she decides to remarry in the Philippines? (5%)

Tanya is the daughter of Victor, a widower. Bieny, on the other hand, isthe son of Antonia, a widow. Both Victor and Antonia's spouses passedaway a few years back. Victor and Antonia met in a PartY, began dating,and within a few months, were married in 2005. At the time of themarriage, Victor owned a house and lot that he had acquired during hisprevious marriage. This is where Victor and Antonia set up home withtheir respective children after the maniage. Antonia did not own anythingexcept a collection of jewelry which her deceased husband had gifted herbefore he died. In less than a year, Tanya and Bieny also wanted to getmaried, but their parents, Victor and Antonia objected. Bieny, aged 23,and Tanya, aged 20, therefore eloped and got married before the mayor ofthe neighboring town. In their application for a marriage license, bothBieny and Tanya said that they were both 25 years old.

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5.

a) What is the regime of property relationship governing Victor andAntonia? (5%)

b) Can Victor donate the house and lot to Tanya, and Antonia also donateher jewelry to Bieny, without the consent of their spouses? (5%)

c) Is the marriage between Bieny and Tanya valid, void or voidable?(s%)

Migs, a lawyer, married Kara in 2009 after discovering that she waspregnant, but they did not live together. One month after the marriage,Migs moved to another town and disappeared. In May 2010, Migs marriedSharon and in June 2010, he filed an action to annul his maniage to Karaon the ground that he was coerced by Kara's father to marry her. In July2010, Kara filed a criminal case for bigamy against Migs, and in thefollowing month of August 2010, she filed an administrative case fordisbarment against him for commission of a crime and immorality. Migsfiled a motion in both the criminal and administrative cases to suspend theproceedings in order to await the outcome of the annulment case.

a) Is the issue in the annulment case a prejudicial question? (5%)b) Can Migs be convicted of bigamy? (5%)c) If Migs' maniage to Kara is later annulled by the court, what is the

effect of such ruling on Migs' marriage to Sharon? (5%)

Jam and Shawi lived together in the US without benefit of marriage. Throughphysically separated from his wife, Jam's marriage to Jean had not beenlerminated. Jean, before the marriage to Jam, had a son, Jack. After livingtogether for more than five (5) years of union, Jam and Shawi's joint bankaccount posted a balance of US $lM in deposit, all of which came from Shawi'seamings. Jam, who was contented in his role as "househusband", never workedor earned any income during the union, although he had properties inheritedfrom his parents. Aside from the bank account, no other assets were acquiredduring the union. After Jam and Shawi's five (5) year-union, Jean died.

a) Who owns the US $lM bank deposit (and interest) jointly in the nameJam and Shawi? (5%)

b) Can Jam and Shawi immediately and validly get married after thedeath of Jam's wife? Do they need a marriage license? (5%)

c) Can Jack file an action to declare Jam and Shawi's wedding void? (5%)Miong's parents died in an accident many yeals ago when he was still in gradeschool. Fiis aunt Matilda, the only sister of his deceased mom, raised him andhis younger brother as if they were her own, although Matilda never legallyadoited Ih... When he was 18 years old and still in high school, he fell inlovi with Nina, the only daughter of Matilda. He wanted to marry Nina butwas dissuaded from doing so by his aunt.

a) If Miong marries Nina, the marriage would be:(i) Valid because there is no impediment;(ii) Voidabte since Matilda has not given consent;(iii) Void for being incestuous; or

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(iv) Void for being against public policy.wtren Miong went to college, he met sheryl, and this time he was so in lovewith her that Miong again planned to marry her. In order to make sure thatMiong forgets about Nina, Matilda consented to the marriage even if Miongwas only 19, and Sheryl, 18. Matilda signed the marital consent portion of themarriage license application. Sheryl's parents also consented, and the marriagelicense application was filed in Angono, Rizal where neither Miong nor sheflresided.

b) If Miong marries sheryl on the basis of a marriage license issued bythe Civil Regishar of Angono, the marriage would be:(i) Valid because all the essential and formal requirements

were complied with;(ii) Voidable because an aunt cannot give consent to themarriage of a nephew;(iiD Void because of absence of a formal requirement; or(iv) Void because the parties are both underage.

Since he was still in school, Miong asked Sheryl if they can live with Matildain her house since he could not afford to buy her a house or rent an apartment.sheryl refused since Nina would be in the same house. Instead, sheryl askedthat they live with her parents in Taytay. Miong refused since it would be verydiffrcult for him to commute daily to school. The couple had a big fight, withneither of them giving in.

c) To resolve the situation:(i) They should live in Matilda's house since the husband'sdecision prevails;(ii) They should live with Sheryl's parents since she has a validreason for not staying in Matilda's house;(iiD They should go to court to fix their conjugal dwelling; or(iv) They should ask for a family council meeting to resolve theissue.

Being young and still in college, Miong was invited by friends to go outdrinking. He got so drunk that he did not know what went on after a fewrounds of drink. He woke up in a motel with Jana and realized that he hadintimate relationship with her. Jana playfully took her and Miong's picture inthe bed, both still without clothes, using his own mobile phone, intending toerase it later. Jana forgot to do so and when Miong was taking a shower laterin his home, Sheryl saw the picture in Miong's mobile phone. Sheryl naggedMiong for months about the issue until she decided to file an action for legalseparation.

d) The action for legal separation:(i) Will not prosper because Miong was drunk when ithappened and the incident took place without his consent;(ii) Will be dismissed because of mutual guilt; or(iii) Will prosper because an act of sexual infidelity happened.

The spouses were later able to resolve all their difflerences and both becamelawyers. Sheryl applied in a law firm and she was hired instantly. She workeddiligently, spending days and most nights in the office. she became a verysuccessful lawyer and earned a lot in attorney's fees. With her earnings, shepaid for the down payment of a house and lot and was so excited to tell Miongabout it. Instead, Miong told her that having a house of their own does notmatter if Sheryl will continue to work as hard. He, in no uncertain terms, toldher to resign from work and just stay at home. Sheryl refused and continuedworking.

e) Who owns Sheryl's earnings and who is liable for the remainingpayments on the house and lot?(i) The eamings and the liabilities belong to, and are owed by,

the absolute community;(ii) The earnings belong to the absolute community while theliabilities are solely that of Sheryl's; or(iii) The earnings and the liabilities belong to, and are owed by,Shervl alone.

NOTHING FOLLOWS