OCTOBER 9

AU: What is required in Inter-country Adoption that is not required in

Domestic Adoption is?

No, not residence. Sa Domestic Adoption may exception din sa 3-year

requirement like?

AU: If only one of the spouses file a petition for adoption, will the petition
prosper?

GR is that both shall file. There are exceptions. (1) He is a former Filipino who
seeks to adopt a relative within the 4th civil degree of consanguinity or affinity;
(2) He is married to a Filipino and seeks to adopt jointly with his spouse a relative
within the 4th degree of consanguinity or affinity; and (3) He is married to a
Filipino and seeks to adopt the legitimate or illegitimate child of his Filipino
spouse; (4) spouses are legally separated.

AU: For the past 50 years, how many laws for adoption? Civil Code, Family
Code, Inter-country Adoption, Domestic Adoption, and _____________. What
If the petition was filed at the time na pwedeng mag adopt ang alien. Pero
at the time of the decision, bawal na. Will the petition prosper?

Petition may prosper because of vested rights. The question here is which law
shall govern? At the time of filing? Or at the time of promulgation? The answer
is at the time of the filing not when the decision was promulgated.

AU: If B is an illegitimate child of A who is the legitimate child of X. A

died. Is X obliged to give support to B?

X is the grandfather of B. An action for support will prosper. X is obliged to give

support to B. Whether the illegitimate child can ask support from the legitimate
ascendant. Does the iron curtain rule not applicable here? So hindi siya pwede
mag mana pero entitled siya to support.

AU: If the marriage between A & B is void because of lack of a valid

marriage license, the property regime of the spouses will be?

Rules of co-ownership will govern.

AU: (in the previous question) If A is the only one gainfully employed
saved P1M in his personal account with BPI also he bought a house and lot
with a declaration of the nullity of this marriage, who is/are entitled to
these properties?
As to the P1M, it shall be considered the property of A & B in equal shares. With
regard to the house and lot, it shall be the property of A & B in equal shares. If
there is no proof as to B’s contributions, then she is entitled because of her
contribution of care and maintenance. Kapag 147 ang applicable, regardless
kung sino ang sumikap, that money will be distributed equally. Kanina, malinaw
sa fact, sinabi sainyo na A is the only one gainfully employed. It’s a fact. But
nonetheless, under 147, they will divide the money equally. On the other hand,
the house and lot is also shared equally. Even if A was the only one who
participated in the acquision and B cared for it, B is entitled to the other half.

AU: Otherwise, what if ito ung scenario? 147 is applicable. Pero the house
and lot was bought using (out of the P5M), P3M from rentals from the
building owned by A, P2M from the proceeds of the sale of palay from the
ricefield of B. Who will own this house and lot under 147?

Share is proportion to their contribution; 60-40.