San Beda College of Law

ACADEMIC YEAR 2017-2018 FIRST SEMESTER

It has been said….

Exams don’t test your knowledge as much as they test your state of mind.
So be relaxed and calm down, and you will do fine.

Goodluck!

MIDTERM EXAMINATIONS IN PERSONS AND FAMILY RELATIONS

ATTY. EIREENE XINA M. ACOSTA-QUEBRAL
-FOR SECTIONS 1K and 1Q-

General Instructions : Answer the questions sequentially. Always begin your

answer to each item on a new page of the exam booklet.

There will be corresponding deductions for misspelled words

and grammatical errors.

Write legibly.

Answers for each essay question should not exceed one

page of the exam booklet. Mere “yes” or “no” will not get any
credit.

Return the questionnaire together with your exam booklet.

Failure to do so shall merit a deduction.

1. On 31 July 2015, the Philippine Congress passed Republic Act No. 12345
abolishing the Presidential Discretionary Fund (PDF). The law provides that it shall
be effective immediately. It was transmitted to the President for his signature only
on 31 July 2017. It was signed by the President immediately upon receipt on the
same day, and was published in the Official Gazette the day following. When did
the law take effect? Explain. (10 pts.)
2. Under the Constitution, the Supreme Court has been granted the power, among
others, to “[p]romulgate rules concerning xxx the admission to the practice of law
xxx”. After the passage of the Constitution, the Legal Education Board (LEB) was
created by virtue of R.A. No. 7662, with the objective of “undertak[ing] appropriate
reforms in the legal education system, require[ing] proper selection of law students,
maintain[ing] quality among law schools, and requir[ing] legal apprenticeship and
continuing legal education.” By virtue of this authority, the LEB issued a resolution
on a national law aptitude exam which shall serve as basis for admission of
students to law schools. A group of law professors questioned the authority of the
LEB to issue the resolution on the ground that it infringes on the authority of the
Supreme Court to regulate admission to the practice of law as guaranteed by the
Constitution. Is the LEB Resolution unconstitutional? Why or why not? (10 pts.)
3. Juan is a Filipino citizen residing in Tokyo, Japan. State with reason what laws
govern:
a. His capacity to contract marriage in Japan; (5 pts.)
b. His successional rights as regards his deceased Filipino father's property
in Texas, U.S.A.; (5 pts.)
 c. The extrinsic validity of the last will and testament which Juan executed
while sojourning in Switzerland; (5 pts.) and
d. The intrinsic validity of said will. (5 pts.)
4. In 2010, 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 marry her first love, Bal. After more than
5 years following their wedding, Judy wants to file a case for annulment of marriage
against Baldo on ground of vitiated consent. However, a criminal case for bigamy
was already filed against her upon the initiative of Baldo.
a. Upon filing of the annulment case, can Judy successfully move for
suspension of proceedings in the criminal case on the ground of prejudicial
question? Explain with reasons. (10 pts.)
b. If no bigamy case has been filed against Judy, will the petition for annulment
prosper? Why or why not? (10 pts.)
5. Fidel and Fely, who are both Filipinos and born of the same biological father, got
married while in Kuwait where marriage of this kind is valid. Explain the status of
their marriage with legal reasons. (10 pts.)
6. Romeo and Juliet, both Filipinos, got married. After a few years, Juliet got word
from her mother that she can go to the United States for naturalization. Juliet
promised she will be back the moment she becomes an American. After sometime,
Romeo learned from a friend that Juliet already became a U.S. citizen and even
divorced him to marry a wealthy American businessman. Romeo filed a petition
before the Regional Trial Court praying that an order be issued authorizing him to
remarry pursuant to Article 26 of the Family Code. Decide the petition with reasons.
(10 pts.)
7. 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 to 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.
(10 pts.)
8. 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 for 5 years.
Thereafter, Dorothy returned to the Philippines and the two got married without
securing a marriage license. Discuss the status of the marriage with reasons. (10
pts.)

- nothing follows -