Q: X died in 1988, survived by a brother (Y) and the spouse (W).

X is a child of A with a
GF. Si W is the daughter of B by a prior marriage. A and B got married prior to the
marriage of X and W. If the Y files a petition for intervention in the settlement of the
estate of X. Will you grant the petition?

A: Issue is the personality to intervene. YES, he can. He may be an heir if the marriage
of X and W is void. The validity of marriage of X and W depends on the date of their
marriage. It is not void even if their parents got married before their marriage, because
there is no legal impediment to marry between step brothers and step sisters if
celebrated during the Family Code. It is void if celebrated before the Family Code.

Q: A and B, both Filipinos, married in Barcelona, Spain. Under the law of Spain, it is a
valid marriage. Months after, they discovered that they were first cousins. Thus B left A,
went back to PH and married C. What is the status of the marriage of B and C?

A: Valid

Q: If the scenario here is the scenario in Olaybar. Olaybar marries her BF w/o having
filed an action for declaration of the marriage as a void marriage. What would be the
status of the marriage between Olaybar and her bf?

A:

Q: An action for annulment was filed by the wife, W, on the ground that 6 months after
marriage, she discovered that her husband was suffering from a STD. Will the action
prosper?

A: Prove first that the STD was existing before the marriage, regardless of the ground or
nature of the STD.

Q: If the STD is herpes, when will the action prosper?

A: The cause for annulment remains as long as the sick spouse is inflicted.

Q: If the defendant failed to disclose conviction where a penalty of 30 days was

imposed. Will the action prosper?

A: A penalty of 30 days does not necessarily mean it is a crime of moral turpitude. Theft
is a crime involving moral turpitude but the penalty imposed may be just 15 days.

CRIMES INVOLVING MORAL TURPITUDE

 abduction with consent
 bigamy
 concubinage
 smuggling
 rape
 attempted bribery
 profiteering
 robbery
 murder
 estafa
 theft
 illicit sexual relations with a fellow worker
 violation of Batas Pambansa Blg. 22
 intriguing against honor
 violation of the Anti-Fencing Law
 violation of the Dangerous Drugs Act
 perjury, forgery, direct bribery
 frustrated homicide
 adultery
 arson
 evasion of income tax
 barratry
 blackmail
 bribery
 dueling
 embezzlement
 extortion
 forgery
 libel
 making fraudulent proof of loss on insurance contract
 mutilation of public records
 fabrication of evidence
 offenses against pension laws
 perjury
 seduction under the promise of marriage
 estafa thru falsification of public document.

Q: The wife, before the marriage was already pregnant. She told her future spouse that
it was his child. After the child was delivered, it was not the child of the husband. Will an
action for annulment prosper?

A: The law says concealment of pregnancy by a man other than her husband.

Q: The fact that the wife was a prostitute before the marriage and this was concealed.
Will the action prosper?

A: No. The fact that the wife was formerly a prostitute or has delivered a child by
another man before her marriage does not constitute a ground for annulment of
marriage on the ground of fraud, for it is not included in Art. 46(2). The husband should
have investigated his wife’s background before he married her.

A and B were married. B was only 20 years old then, without parental consent. Is it
possible, without a parental consent, that the marriage will be valid?

A: Yes. It is possible that B had a previous marriage and it was dissolved

Q: Based on the previous question, after the birth of the 3 rd child, B left the conjugal
abode then after filed an action for annulment on the ground of lack of parental consent.
Will the action prosper?

A: The issue is the free cohabitation. There were already 3 children. Free cohabitation
should be upon reaching 21 years of age.

Q: What if the ground was concealment of homosexuality, and the defendant alleges he
is bisexual. If you were the judge, what would be your decision?

A: A strict interpretation would be that the law provides only for homosexuality and no
other forms of deceit. Therefore, the judge would rule in favor of defendant. A liberal
interpretation is that the Commission drafted the provision without taking into
consideration the evolution of the term homosexuality.

Note that homosexuality is different from homosexual acts

Q: If proven as a fact that husband had STD existing at the time of marriage. But the
spouse had knowledge of that fact 2 years before an action for annulment was filed. Will
an action for prosper?

A: If the STD is serious,