1. If I were the judge, I will not allow the rescission of adoption decree.

Under the provision of Domestic Adoption Act of 1998, only the adoptee has legal standing to rescind
the adoption.

Thereby, the adopters cannot rescind the adoption.

2. Yes, Jamal will be able to prove his filiation.

The filiation of legitimate children is established by an admission of legitimate filiation in a public

document or a private handwritten instrument and signed by the parents concerned.

Thereby, the admission of filiation shown in the scholastic records income tax returns of his alleged
mother, and the SSS forms is enough to establish his filiation as legitimate child.

3. Both X and Y owns the property in proportion to their respective contribution thereof.

Article 148 of the family code provides, for adulterous relationship and states that only properties
acquired through their actual joint contribution of money, property, or industry shall be owned by
them in common in proportion to their respective contributions. In absence of proof to the contrary,
their contributions and corresponding shares are presumed equal.

Thus, if X & Y contributed to acquire the condominium, it shall be owned by them in proportion to
their respective contributions.

4.

The subsidiary liability of parents for damages cause by their minor children is imposed by Article 2180
of the New Civil Code, which covers obligations arising from both quasi-delicts and criminal offenses.
The parents' liability as being primary and not subsidiary and liability shall cease if the parents can
prove that they observe all the diligence of a good father to prevent damage.

The parents are principally and primarily liable for acts or omission of their unemancipated children
resulting in injuries to others.

Joey, if he acted without discernment is not liable.

Mr X is primarily liable being the teacher-in-charge.

The school may be subsidiary liable if their teacher is insolvent.

5. No, the teacher’s reason is incorrect. Article 233. The person exercising substitute parental authority
shall have the same authority over the person of the child as the parents.

In no case shall the school administrator, teacher or individual engaged in child care exercising special
parental authority inflict corporal punishment upon the child. Therefore, the teacher may not
maltreat the child as form of punishment.

7. In Verceles vs. Posada, the paternity was proved by The letters are private handwritten instruments
of Verceles which establish Verna Aiza’s filiation under Article 172 (2) of the Family Code.

Hagibis should support Mary.

Under the law, legitimate children may establish their filiation by primary evidence, such as an
admission of his filiation by his parent in a public document of private handwritten instrument signed
by said parent.

8. No Anton may not support sonny.

Under the law, there should be clear and convincing evidence establishing paternity or filiation.

Mere admission of sexual relations with Martha does not establish paternity or filiation.

9. No. To constitute abandonment of the wife by the husband, there must be absolute cessation of
marital relations and duties and rights, with the intention of perpetual separation.

The fact that the husband never ceased to give support to his wife and children negatives any intent
on his part not to return to the conjugal abode and resume his marital duties and rights.

10. No. Because the sale of property is invalid.

The law provides that the administration and enjoyment of CPG shall belong to both spouses jointly.
Any alienation made by either spouse without the consent of the other is invalid.

11. No. In the case of Agustin vs. CA, it was held that the right to privacy does not bar all incursions
into individual privacy. The right is not intended to stifle scientific and technological advancements
that enhance public service and the common good. Therefore, Eugene is wrong.

12. In accordance to Art 204, the person obliged to give support shall have the option to fulfill the
obligation either by paying the allowance fixed or by receiving and maintaining in the family dwelling
the person who has a right to receive support.

13. Siony is the owner of the lot.

In Agapay vs Palang, the Supreme Court ruled that in a bigamous marriage, if actual contribution of
the party is not proved, there will be no co-ownership and no presumption of equal shares.
Furthermore, the Court reverted the property named under the name of the bigamous spouse to the
conjugal property of the deceased and his surviving legal spouse.

In the case at bar, Elmer’s marriage to Luz is a bigamous one and Elmer has bought the property,
thereby, Luz does not have co-ownership of the property. Upon the death of Elmer, the court should
revert the lot to the conjugal property of the surviving legal spouse of Elmer, which is Siony.

14. No. RATIO: Before an employer may be held liable for the negligence of his employee, the act or
omission which caused damage must have occurred while an employee was in the performance of his
assigned tasks. In the case at bar, the teachers/petitioners were not in the actual performance of their
assigned tasks. What was held was a purely private affair, a picnic, which did not have permit from
the school since it was not a school sanctioned activity. Mere knowledge by petitioner/principal of the
planning of the picnic does not in any way consent to the holding of the same.

15. No. based from the jurisprudential ruling of the court “if the money or services are given to another
person or entity and the husband acted only as a surety or guarantor, that contract cannot, by itself
alone categorized as falling within the context of obligations for the benefit of the conjugal
partnership.
3. The actual value of the family home shall not exceed, at the time of its constitution, the amount of
P300,000 in urban areas, and P200,000 in rural areas, or such amounts as may hereafter fixed by law.

4. A family home shall be exempt from execution except for

1. Non-payment of taxes
2. debt incurred prior to constitution of family home
3. debts secured by mortgages on the premises before or after such constitution
4. debts due to the laborers, mechanics, architects, builders who rendered service or
rendered material for the construction of the building.

5.Yes, the trial court is correct.

According to a similar case at bar, resemblance between the parent and the child can be competent
and material evidence to establish parentage if such resemblance is accompanied by other strong
evidence, whether direct or circumstantial, to prove the filiation of the child.

Therefore, Rueben is entitled for the support of his father.

6. PQR are legitimated children of M&N. Children conceived and born outside of wedlock of parents
who, at the time of the conception of the former, were not disqualified by any impediment to marry
each other may be legitimated by subsequent valid marriage between parents.

7. Substitute parental authority shall have all the rights of the parents and shall have the same
authority over the person of the child as the parents. While special parental authority, can be
exercised only over minors while under their supervision instruction or custody.

8. under the law on support, even the parents are separated, they are still obliged to support their
children whatever is necessary to keep them alive.

Therefore, Adam has still the obligation to give support to his son named Von.

9.

10. The law is silent as to what middle name the adoptee may use but the Supreme Court has held
that an adoptee is entitled to all the R provided by law to a legitimate child, including the R to bear
the surname of her father and mother.

11. The house is conjugal property of the spouses as all property acquired during the marriage is
presumed to be conjugal unless proven to be exclusive property of one spouse pursuant to Art 116.
While the lot, is the exclusive property of the husband as it is obtained during the marriage by
gratuitous title, in accordance with Article 109.

12.The mother is entitled to have the custody of the illegitimate child pursuant to Article 176. Article
211 applies only when illegitimate child’s parents cohabitate.

13. (In Re: Stan’s Estate, where a testator, took out an insurance policy on which he paid the premiums
from his salary, it was held that the insurance money was community property. The parcel of land also
is conjugal, properties acquired through industry, labor and profession and through occupation is
conjugal as provided by article 117.
14. The jackpot is in community ownership of the spouses, but upon legal separation decree, the
absolute community or conjugal property of the spouses will be dissolved and liquidated but the
offending spouse shall have no right to any share of the net profits earned by the absolute community
or the conjugal partnership in pursuant to art 43.

15. A spouse is deemed to have abandoned when he left the conjugal dwelling and fails to comply
with his or her obligation. A period of three months without informing the other spouse of his where
about is a prima facie presumed with no intention of returning to the conjugal dwelling. Abandonment
without justifiable reason for a period of one year is a ground for legal separation as provided by
Article 55.