Persons and Family Relations Review Questions II.

As a result of a collision between the taxicab owned by A and another

taxicab owned by B, X, a passenger of the first taxicab, was seriously
Situations
injured. X later filed a criminal action against both drivers. Is it necessary
for X to reserve his right to institute a civil action for damages against
I. both taxicab owners before he can file a civil action for damages against
them? Why?
After a devastating storm causing widespread destruction in four Central
Luzon provinces, 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 July 1, 1990. signed into law by the
President on July 3, 1990, and published in such newspaper of general
circulation on July 7, 1990 and in the Official Gazette on July 10, 1990.

(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.
(b) When did the law take effect? Explain your answer.
(c) Can the executive branch start releasing and disbursing funds
appropriated by the said law the day following its approval? Explain your
answer.
 III.
Elated that her sister who had been married for five years was pregnant
for the first time, Alma donated P100,000.00 to the unborn child.
Unfortunately, the baby died one hour after delivery. May Alma recover
the P100.000.00 that she had donated to said baby before it was born
considering that
the baby died? Stated otherwise, is the donation valid and binding?
Explain.
The donation is valid and binding, being an act favorable to the unborn
child, but only if the baby had an intra-uterine life of not less than seven
months and pro-vided there was due acceptance of the donation by the
proper person representing said child. If the child had less than seven
months of
intra-uterine life, it is not deemed born since it died less than 24 hours
following its delivery, in which ease the donationnever became effective
since the donee never became a
person, birth being determinative of personality.
ALTERNATIVE ANSWER:
Even if the baby had an intra-uterine life of more than seven
months and the donation was properly accepted, it would be
void for not having conformed with the proper form. In
order to be valid, the donation and acceptance of personal
property exceeding five thousand pesos should be in writing.
IV.
DON, an American businessman, secured parental consent for the
employment of five minors to play certain roles in two movies he was
producing at home in Makati. They worked at odd hours of the day and
night, but always accompanied by parents or other adults. The producer
paid the children
talent fees at rates better than adult wages. But a social worker, DEB,
reported to DSWD that these
children often missed going to school. They sometimes drank wine, aside
from being exposed to drugs. In some scenes, they were filmed naked or
in revealing costumes. In his defense, DON contended all these were part
of artistic freedom and cultural creativity. None of the parents
complained, said DON. He also said they signed a contract containing a
waiver of their right to file any complaint in any office or tribunal
concerning the working conditions of their children acting in the movies.
Is the waiver valid and binding? Why or why not? Explain.
 V.
VII.
X and Y entered into a contract in Australia, whereby it was agreed that X
would build a commercial building for Y in the Philippines, and in payment Felipe and Felisa, both Filipino citizens, were married in Malolos, Bulacan
for the construction, Y will transfer and convey his cattle ranch located in on June 1, 1950. In 1960 Felipe went to the United States, becoming a
the United States in favor of X. U.S. citizen in 1975. In 1980 they obtained a divorce from Felisa, who was
duly notified of the proceedings. The divorce decree became final under
What law would govern: California Law. Coming back to the Philippines in 1982, Felipe married
a) The validity of the contract? Sagundina, a Filipino Citizen. In 2001, Filipe, then domiciled in Los
b) The performance of the contract? Angeles, California, died, leaving one child by Felisa, and another one by
c) The consideration of the contract? Sagundina. He left a will which he left his estate to Sagundina and his two
children and nothing to Felisa. Sagundina files a petition for the probate of
Felipe’s will. Felisa questions the intrinsic validity of the will, arguing that
her marriage to Felipe subsisted despite the divorce obtained by Felipe
because said divorce is not recognized in the Philippines. For this reason,
she claims that the properties and that Sagundina has no successional
rights.

A. Is the divorce secured by Felipe in California recognizable and valid in

the Philippines? How does it affect Felipe’s marriage to Felisa? Explain.
B. What law governs the formalities of the will? Explain.
C. Will Philippine law govern the intrinsic validity of the will? Explain.

VI.

Juan is a Filipino citizen residing in Tokyo, Japan. State what laws govern:
1. His capacity to contract marriage in Japan
2. His successional rights as regards his deceased Filipino father's property
in Texas, U.S.A.
3. The extrinsic validity of the last will and testament which Juan executed
while sojourning in Switzerland.
4. The intrinsic validity of said will.
 VIII.
Francis Albert, a citizen and resident of New Jersey, U.S.A., under whose
law he was still a minor, being only 20 years of age, was hired by ABC
Corporation of Manila to serve for two years as its chief computer
programmer. But after serving for only four months, he resigned to join
XYZ Corporation,
which enticed him by offering more advantageous terms. His first
employer sues him in Manila for damages arising from the breach of his
contract of employment. He sets up his minority as a defense and asks for
annulment of the contract on that ground. The plaintiff disputes this by
alleging that since the contract was executed in the Philippines under
whose law the age of majority is 18 years, he was no longer a minor at
the time of perfection of the contract.
1 Will the suit prosper?
2 Suppose XYZ Corporation is impleaded as a codefendant, what would be
the basis of its liability, if any?
VIII.
DT and MT were prominent members of the frequent travelers’ club of FX
Airlines. In Hongkong, the couple were assigned seats in Business Class
for which they had bought tickets. On checking in, however, they were
told they were upgraded by computer to First Class for the flight to Manila
because the Business Section was overbooked. Both refused to transfer
despite better seats, food, beverage and other services in First Class. They
said they had guests in Business Class they should attend to. They felt
humiliated, embarrassed and vexed, however, when the stewardess
allegedly threatened to offload them if they did not avail of the upgrade.
Thus they gave in, but during the transfer of luggage DT suffered pain in
his arm and wrist. After arrival in Manila, they demanded an apology from
FX’s management as well as indemnity payment. When none was
forthcoming, they sued the airline for a million pesos in damages. Is the
airline liable for actual and moral damages? Why or why not? Explain
briefly.
 IX.
Gene and Jane, Filipino, met and got married in England while both were
taking up post-graduate courses there. A few years after their graduation,
they decided to annul their marriage. Jane filed an action to annul her
marriage to Gene in England on the ground of latter’s sterility, a ground
for annulment of marriage in England. The English court decreed the
marriage annulled. Returning to the Philippines, Gene asked you whether
or not he would be free to marry his former girlfriend. What would your
legal advice be?
X.
SEACOM appointed JILL as the exclusive dealer of its farm machineries in
Iloilo and Capiz. During the existence of the exclusive dealership
agreement, it sold 24 units of machineries to a customer in Iloilo. Is it
liable to JILL, and state the basis of its liability.
XI.
The CALI (Commercial Airlines, Inc.) knew it did not have sufficient assets
to pay off its creditors who agreed that they would be contented with a
pro rata division of the assets, including a C-54 plane still in California.
One of the creditors, the Shell Company, took advantage of the
information and made a telegraphic assignment of its credit in favor of a
sister Shell Company in the U.S. which then promptly attached the plane
in California, thus depriving the other creditors of its value.
Can the Shell Company in the Philippines be made liable to pay for
damages to the other creditors?
XII.
While in Afghanistan, a Japanese by the name of Sato sold to Ramoncito,
a Filipino, a parcel of land situated in the Philippines which Sato inherited
from his Filipino mother. What law governs the formality in the execution
of the contract of sale? Explain your answer and give its legal basis.
 XIII. XV.

Alex was born a Filipino but was a naturalized Canadian citizen at the time A forged the signatures of the signatory of a check thus, depriving the
of his death on December 25, 1998. He left behind a last will and company of what was due it. Can the forger be made liable for damages?
testament in which he bequeathed all his properties, real and personal, in Why?
the Philippines to his acknowledged illegitimate Fillpina daughter and
nothing to his two legitimate Filipino sons. The sons sought the annulment
of the last will and testament on the ground that it deprived them of their
legitimes but the daughter was able to prove that there were no
compulsory heirs or legitimes under Canadian law. Who should prevail?
Why?

XVI.

In 1977, Mario and Clara, both Filipino citizens, were married in the
Philippines. Three years later, they went to the United States of America
and established their residence in San Francisco, California. In 1987, the
couple applied for, and were granted, U.S. citizenship. In 1989, Mario,
claiming to have been abandoned by Clara, was able to secure a decree of
divorce in Reno, Nevada, U.S.A. In 1990, Mario returned to the Philippines
XIV. and married Juana who knew well Mario's past life.

X, a teacher, went on leave. She was dismissed, but later on, the Board (a) Is the marriage between Mario and Juana valid?
revoked her dismissal and ordered her to go back to work. She refused, (b) Would the renvoi doctrine have any relevance to the case?
instead, she filed a suit for damages. Will the action prosper? Why?
 XVII.
PH and LV are HK Chinese. Their parents are now Filipino citizens who live
in Manila. While still students in MNS State, they got married although
they are first cousins. It appears that both in HK and in MNS State first
cousins could marry legally. They plan to reside and set up business in the
Philippines. But they have been informed, however, that the marriage of
first cousins here is considered void from the beginning by reason of
public policy. They are in a dilemma. They don’t
want to break Philippine law, much less their marriage vow. They seek
your advice on whether their civil status will be adversely affected by
Philippine domestic law? What is your advice?
XVII.
In a 20-year lease contract over a building, the lessee is expressly granted
a right of first refusal should the lessor decide to sell both the land and
building. However, the lessor sold the property to a third person who
knew about the lease and in fact agreed to respect it. Consequently, the
lessee
brings an action against both the lessor-seller and the buyer (a) to rescind
the sale and (b) to compel specific performance of his right of first refusal
in the sense that the lessor should be ordered to execute a deed of
absolute sale in favor of the lessee at the same price. The defendants
contend that the plaintiff can neither seek rescission of the sale nor
compel specific performance of a "mere" right of first refusal. Decide the
case.
 XIX.
Jaime, who is 65, and his son, Willy, who is 25, died in a plane crash.
There is no proof as to who died first. Jaime's only surviving heir is his
wife, Julia, who is also Willy's mother. Willy's surviving heirs are his
mother, Julia and his wife, Wilma.
1. In the settlement of Jaime's estate, can Wilma successfully claim that
her late husband, Willy had a hereditary share since he was much younger
than his father and, therefore, should
be presumed to have survived longer?
2. Suppose Jaime had a life insurance policy with his wife, Julia, and his
son, Willy, as the beneficiaries. Can Wilma successfully claim that one-half
of the proceeds should belong to Willy's estate?
XX.
Alma was hired as a domestic helper in Hongkong by the Dragon Services,
Ltd., through its local agent. She executed a standard employment
contract designed by the Philippine Overseas Workers Administration
(POEA) for overseas Filipino workers. It provided for her employment for
one
year at a salary of US$1,000.00 a month. It was submitted to and
approved by the POEA. However, when she arrived in Hongkong, she was
asked to sign another contract by Dragon Services, Ltd. which reduced her
salary to only US$600.00 a month. Having no other choice, Alma signed
the contract but when she returned to the Philippines, she demanded
payment of the salary differential of US$400.00 a month. Both Dragon
Services, Ltd. and its local agent claimed that the second contract is valid
under the laws of Hongkong, and therefore binding on Alma.
Is their claim correct? Explain.
 XXII. Concepts

Samson married Delilah, an Australian. They got divorced four years later
1. When do laws take effect?
in Australia. Samson eventually became an Australian citizen. Years later,
2. How do laws operate? Discuss the general rule and the exceptions.
he met and married Elizabeth in Cagayan de Oro City. In their application
3. What is the difference in legal effect between mistake of law and
for a marriage license, he declared that he was single and a Filipino.
mistake of fact?
Years later, Elizabeth filed a suit for the declaration of Nullity of Marriage
4. In the context that the term is used in Civil Law, state the (a)
on the ground of bigamy alleging that Samson had a subsisting marriage
concept, (b) requisites and (c) consequences of a prejudicial
with Delilah when they got married.
question.
5. Are independent civil actions prejudicial to criminal cases to which
Samson argued that his first marriage had already been validly dissolved
they are related? Why or why not?
by a divorce decree obtained in Australia, which means he was legally
6. What is the test of unfair competition?
capacitated to marry Elizabeth. He secured a divorce decree from a family
7.
court in Australia and presented it as evidence.

Elizabeth, however, argued that before the Samson's divorce decree can
be admitted in evidence, it must first comply with the registration
requirements under Articles 11, 13 and 52 of the Family Code of the
Philippines.

In response, Samson contends that the burden to prove Australian

divorce law falls upon Elizabeth because she is the party challenging the
validity of a foreign judgment.

a. Is Elizabeth’s argument concerning the admission of the divorce

decree correct?
b. Was the divorce decree duly proven?
c. Was Samson correct in saying that Elizabeth has the burden of
proving the validity of the divorce decree?
d. Was Samson legally capacitated when he married Elizabeth?