URDANETA CITY UNIVERSITY

COLLEGE OF LAW
MIDTERM EXAMINATIONS
PERSONS AND FAMILY RELATIONS
1st Semester – Academic Year 2015-2016
September 19, 2015
INSTRUCTIONS:
This Questionnaire contains six (6) pages including these Instructions pages.
Check the number of pages and the page numbers at the lower right hand corner of
each page of this Questionnaire and make sure it has the correct number of pages
and their proper numbers.
Read each question very carefully and write your answers in your Examination
Notebook in the same order the questions are posed. Write your answers only on
the front, not the back, page of every sheet in your Notebook. Note well the
allocated percentage points for each number, question, or sub-question. In your
answers, use the numbering system in the questionnaire.
Answer the Essay questions legibly, clearly, and concisely. Start each number on a
separate page. An answer to a sub-question under the same number may be written
continuously on the same page and the immediately succeeding pages until
completed.
Your answer should demonstrate your ability to analyze the facts presented by the
question, to select the material from the immaterial facts, and to discern the points
upon which the question turns. It should show your knowledge and understanding
of the pertinent principles and theories of law involved and their qualifications and
limitations. It should demonstrate your ability to apply the law to the given facts,
and to reason logically in a lawyerlike manner to a sound conclusion from the
given premises.
A mere "Yes" or "No" answer without any corresponding explanation or discussion
will not be given any credit. Thus, always briefly but fully explain your answers
although the question does not expressly ask for an explanation. At the same time,
remember that a complete explanation does not require that you volunteer
information or discuss legal doctrines that are not necessary or pertinent to the
solution to the problem. You do not need to re-write or repeat the question in your
Notebook.
Make sure you do not write your name or any extraneous note/s or distinctive
marking/s on your answer sheet that can serve as an identifying mark/s (such as
names that are not in the given questions, prayers, or private notes to the
Examiner).
Writing, leaving or making any distinguishing or identifying mark in the exam
Notebook is considered cheating and can disqualify you for the examinations.
You can use the questionnaire for notes you may wish/need to write during the
examination.
Good luck!
Atty. Ma. Patricia F. Rebaňo
Answers shall be submitted in the following format:
Printed/handwritten on a legal pad/yellow pad.
(staple your answer sheets together. No need to attach this questionnaire)
Use a Black or blue sign pen.
Write legibly.
DEADLINE: September 26, 2015.
I.
After super typhoon Yolanda wreaked havoc over parts of Visayas and Mindanao,
causing widespread destruction in dozens of provinces and displacing over 2
million people, 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 November
10, 2013. signed into law by the President on November 13, 2013, and published in
such newspaper of general circulation on November 17, 2013 and in the Official
Gazette on November 20, 2013.
(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. (2 pts.)
(b) When did the law take effect? Explain your answer. (2 pts.)
(c) Can the executive branch start releasing and disbursing funds appropriated by
the said law the day following its approval? Explain your answer. (2 pts.)
II.
How is custom proved as law in our Jurisdiction? (5 pts.)
III.
Brynne and Ollie were the children of Victoria and David. In March, Victoria’s
mother-in-law, aged 70, took the two children, then aged 7 and 6, with her on a
flight to Batanes. Unfortunately, the plane disappeared at sea, and the bodies of the
three were never found. None of the survivors ever saw them on the water. On the
settlement of her mother-in-law's estate, Victoria files a claim for a share of her
estate on the ground that the same was inherited by her children from their
grandmother in representation of their father, and she inherited the same from
them. Will her action prosper? (10 pts.)
IV.
Padma and Parvati are identical twins. Both sisters were grew close to each other.
When Padma married and became pregnant, Parvati donated P100,000.00 to the
unborn child. Unfortunately, the baby died one hour after delivery. May Parvati
recover the P100.000.00 that she had donated to said baby before it was born
considering that the baby died? Is the donation valid and binding? Explain. (5 pts.)
V.
Antonio “Tony” Starks is a migrant Filipino worker who spends most of the
summer working as a caregiver in a nursing home based in Brooklyn, New Jersey,
USA. Hardworking as he is, Tony was able to earn enough savings to live a
comfortable life in the Philippines once he decides to permanently reside here.
After working for ten (10) years, Tony decided to savor the fruits of his labor and
travel around the world.
(a)He met and fell in love with Pepper Potts in Havana, Cuba. What law governs
his capacity to get married if they wanted to tie the knot in Cuba? (2 pts.)
(b)What law governs his capacity to succeed if he was named as an heir to a
deceased relative who recently died in Moscow, Russia? (2 pts.)
(c)After the recent death or his relative, Tony decided to plan for the future and
execute a holographic will while he passed through Germany from Russia. What
law governs the extrinsic validity of Tony’s Will? (2pts.)
In the same vein, what law governs the intrinsic validity of Tony’s Will? (2 pts.)
(d)If you were Tony’s lawyer, what advise would you give him if he asked you to
counsel him if there was a need for him to also get married here in the Philippines?
(2 pts.)
VI.
Brad and Angelina, who reacquired Filipino citizenship through the Citizenship
Retention and Reacquisition Act of 2013, met and got married in Japan while both
were working as engineers there. After five (5) years of residing in Japan, the
couple moved to Indonesia. Their marriage turned sour, and Brad filed for
annulment before the district court of Bali, Indonesia. The district court decreed the
marriage annulled. Returning to the Philippines, Brad asked you whether or not he
would be free to marry his new girlfriend, Jenn. What would your legal advice be?
(5 pts.)
VII.
Jojo and Bingbong were hog dealers engaged in the transport of livestock from
Luzon to Visayas. On June 19, 2014, they transported twenty-six (26) hogs & a
cow from Camarines Norte with Batangas as its destination. They were provided
with health certificates from the provincial veterinarian and three (3) other permits
attesting that the cattle was not part of lose, stolen or questionable animals.
Despite this, the said livestock were confiscated by members of the Quarantine
Bureau of Camarines Norte, who were respectively the police station commander
and provincial veterinarian of the province. The confiscation was on the basis of an
Executive Order was dated October 25, 1980 but was published in the Official
Gazette on June 14, 2014. Both filed an action for replevin against the respondents
for the recovery of the subject cattle but this could not be executed by the sheriff.
Subsequently, the judge dismissed the case for lack of cause of action. The
petitioners filed an appeal to the Supreme Court under Rule 45 of the Rules of
Court.
Decide the case. (10 pts.)
VIII.
In 2015, Raffler.net

broke an expose on certain recordings containing a wiretapped conversation

purportedly between the Vice-President of the Philippines and a High ranking
officer from the Department of Public Works and Highways (DPWH). The
recordings allegedly contained the VPs instructions to official to act as a go-
between in a multi-million peso contract entered into by the Housing Development
Corporation, which is under the VP’s office, and the DPWH. These recordings
were to become the subject of heated legislative hearings conducted separately by
committees of both Houses of Congress.
During the investigation, the House Committee summoned the officer from the
DPWH to appear before them. The officer refused, alleging violation of his right to
due process considering that he is summoned to attend the Senate hearings without
being apprised not only of his rights therein through the publication of the Senate
Rules of Procedure Governing Inquiries in Aid of Legislation, but also of the
intended legislation which underpins the investigation. He further intervenes as a
taxpayer bewailing the useless and wasteful expenditure of public funds involved
in the conduct of the questioned hearings.
The House Rules of Procedure Governing Inquiries in Aid of Legislation had been
published in newspapers of general circulation only in 2000 and in 2007. With
respect to the present House of the 16th Congress, however, of which the term of
half of its members commenced on June 30, 2013, no effort was undertaken for the
publication of these rules when they first opened their session.
Decide the case with reasons. (1o pts.)
IX.
On September 23, 1986, a complaint for compulsory recognition and enforcement
of successional rights was filed before RTC Manila by a minor named Marita San
Juan, represented by her mother, Angelita San Juan. Marita was the illegitimate
child of Jose Victor San Juan The complaint was opposed by the legitimate
children of Jose Victor.
The RTC rendered judgment in favor of Marita. A petition for certiorari was then
filed by the legitimate children of Jose Victor, alleging that the Family Code of the
Philippines which took effect on August 3, 1988 shall have a retroactive effect
thereby the trial court lost jurisdiction over the complaint on the ground of
prescription. Decide the case with reasons. (10 pts.)
X.
What are the differences between Juridical capacity and capacity to act? (10 pts.)
XI.
On the morning of September 1953, Carmen was riding a carromata in Ermita,
Manila when a delivery wagon owned by Jose (used for the transportation of goods
and to which two horses are attached), came from the opposite direction, while
their carromata went close to the sidewalk in order to let the delivery wagon pass
by. However, instead of merely passing by, the horses ran into the carromata
occupied by the plaintiff with her child and overturned it, causing a serious cut
upon the plaintiff’s head.
Jose contends that the cochero, who was driving his delivery wagon at the time of
the accident, was actually a good servant and was considered a safe and reliable
cochero. He also claims that the cochero was tasked to deliver some goods at Calle
Herran, and for that purpose the defendant’s employee tied the driving lines of the
horses to the front end of the delivery wagon for the purpose of unloading the
forage to be delivered. However, a vehicle passed by the driver and made noises
that frightened the horses causing them to run. The employee failed to stop the
horses since he was thrown upon the ground.
Was Jose guilty of negligence? Decide the case. (10 pts.)
XII.
David and Victoria, both Filipinos, were married by a Catholic priest in Lourdes
Church, Quezon City in 1996. David was drunk on the day of his wedding. In fact,
he slumped at the altar soon after the ceremony. After marriage, David never had a
steady job because he was drunk most of the time. Finally, he could not get
employed at all because of drunkenness. Hence, it was Victoria who had to earn a
living to support herself and her child begotten with David. In 1986, Victoria filed
a petition in the church matrimonial court in Quezon City to annul her marriage
with David on the ground of psychological incapacity to comply with his marital
obligation. Her petition was granted by the church matrimonial court. Victoria
sought your advise as her lawyer on the following matters:
1) Can she now get married legally to another man under Philippine laws
after her marriage to David was annulled by the church matrimonial court?
Explain. (5 pts.)
2) What must Victoria do to enable her to get married lawfully to another man
under Philippine laws? (5 pts).
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