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Midterm Coverage Civil

1. State the grounds for legal separation.


2. How is the filiation of legitimate children established?
3. Explain the rule on ignorance of the law excuses no one
4. State the exception to the rule that laws shall have no retroactive effect.
5. Under what instance that waiver of right are prohibited and shall be declared
null and void?
6. __________ both Filipinos were married in the Philippines in 1995. The couple
decided to transfer their residence to France. While in France, the couple was
able to obtain a divorce. Divorce is allowed and valid in ________. In 2005 Eric
returned to Manila where he married Aira. Is the subsequent marriage valid?
(Art. 16 NCC)
7.
8. Distinguish juridical capacity from capacity to act.
9. State the restrictions on capacity to act.
10.What are the circumstances that modify or limit capacity to act
11.What determines personality? (Birth)
12.When is a fetus considered born?
13.What governs juridical persons?
14.Winona, a French National was married to Ralph, a Filipino. The couple
resided in Manila. Winona owned 3 parcels of industrial real properties in
Denmark, which country did not allow real property to be subject of
testamentary succession. In 2005 Winona died without leaving a will. Ralph
being a compulsory heir of Winona as allowed in the Philippines filed his claim
against the said industrial real properties. Will the action of Ralph prosper?
(lex loci celebrationis)
15.Eduardo an Irish national was married to Minchi a Filipino with a residence in
Kenya. Eduardo owned shares of stocks in several corporatons based in
France amounting to 10M Euros. Said shares of stock were acquired by
Eduardo during his marriage to Minchi. In 2005 Eduardo died intestate in
France. In Ireland the surviving spouse is not a compulsory heir of the
deceased spouse and cannot inherit from the latter unless by will, provided
the property of the descendents are found in Ireland. Can Marichu inherit the
shares of her deceased husband Eduardo.
16.Before he died in Manila, Bobby an Italian citizen executed a notarial will as
required by law and was duly attested by wintesses Rey, Marco and Ellen. Rey
failed to appear at the signing of the will and his name was left unsigned.
Bobby died in 2010. In Italy a notarial will is valid even if there is no
witnesses in the will. Barbara, the wife of Bobby caused the probate of the
subject will at RTC (wapak). The sister of Bobby opposed contending that the
will is not valid pursuant to the Civil Code of the Philippines. (Art 16 NCC)
17.XXX is the owner of a boarding house with several rooms offered fully
furnished on a monthly basis. AAA leased one of the rooms for P2100
including the light and water. Due to AAAs financial distress he failed to pay
the monthly rentals for 2 months. Despite several demands AAA failed to pay
the accrued rentals. XXX cut off the light connection to the room of AAA, the
latter failed to study for his review and failed the Medical Board examination.
AAA sued XXX for damages. As a defense XXX countered that it was his right
as the owner of the leased property to disconnect electrical services due to
AAAs failure to pay the monthly rentals despite repeated demands. Is XXX
liable for damages? Explain. (Art 30 NCC)
18.What are the formal requisites of marriage?
19.What are the essential requisites of marriage?
20.Without posting a ten day publication of the application for marriage license
of Farrah and Richard, the local civil registrar immediatley issued the
corresponding marriage license. Thereafter the marriage of Farrah and
Richard was solemnized before RTC judge Erpe. After three years of
(strange?) marital relations Richard found out that the marriage license was
irregularly issued. Is the marriage of Farrah and Richard valid? Explain.
21.What marriages are considered void from the beginning? (5pts)
22.What marriages are considered void by reason of public policy? (5pts)
23.For the last five years Marina has no information as to the whereabouts of her
husband Tony. Tony was last seen 2 years ago onboard a military helicopter
which was reported missing. On the sixth year of Tonys disappearance
Marina believing that the former was dead contracted marriage with Dylan. Is
the marriage between them valid?
24.State the grounds for Legal Separation.
25.Under what circumstances can the administration of exclusive property of
either spouse be transferred by the court to the other spouse?
26.Who are considered Illegitimate children?
27.How is filiation of legitimate children established?
28.What are the rights of illegitimate children?
29.Who are the persons who may adopt?
30.Husband and wife may jointly adopt except in what cases?
31.Who are granted by law special parental authority and responsibility?
32.Under what circumstances the court shall suspend parental authority?