ATTY. AYLWARD M.

CONSULTA
LEGAL RESEARCH/ LEGAL RESEARCH AND WRITING
MIDTERM EXAM

 Submit a Legal Opinion depending on your case number.

1. Maria Ozawa and Nico, both Filipinos, were married by a Catholic priest in
Cathedral Church, Cebu City in 2014. Nico was drunk on the day of his
wedding, in fact, he slumped at the altar soon after the ceremony. After their
marriage, Nico never had a steady job because he was drunk most of the
time. Nico refused to be employed, refused to take care of his child, and
refused to perform his marital obligations to Maria Ozawa due to his
addiction to alcohol. Accordingly, it was Maria Ozawa who had to earn a
living to support herself and her child begotten with Nico.

In 2016, Maria Ozawa filed a petition in the church matrimonial court in Cebu
City to annul her marriage with Nico on the ground of psychological
incapacity for his refusal to comply with his marital obligations. Her petition
was granted by the church matrimonial court.

Maria Ozawa, after knowing that her petition was granted by the
matrimonial court, intends to file a Petition for Nullity of Marriage in the
Regional Trial Court of Cebu City, on the ground of psychological incapacity
for Nico’s refusal to comply with his marital obligations.

Maria Ozawa inquired from your law firm whether or not Nico’s refusal to
comply with his marital obligations will warrant her marriage to be declared
by the court as null and void under Article 36 of the Family Code?

2. Shalz and Bernard are business partners who co-owns a parcel of land located
at Cebu Business Park.

Moby, who is presently occupying the parcel of land owned by Shalz and
Bernard, got with a fight with the business partners in the Amber Lounge
Party Singapore during the Formula 1 night race.

Angered by this incident, Bernard filed a case against Moby for ejectment in
the Regional Trial Court of Cebu City. The case went up to the Supreme
Court, and the High Tribunal ruled that since Moby was able to present a
notarized lease contract over the subject parcel of land located in Cebu
Business Park, which was executed by Moby and the previous owner, where

1
 Shalz and Bernard bought the property from, Moby cannot be ejected from
the said property.

Two years after the Supreme Court decision, Shalz, who now lives in
Bonifacio Global City, Taguig, filed a case for ejectment against Moby in the
Regional Trial Court of Taguig City.

Moby is now asking your law firm whether or not the case of Shalz can
proceed despite the fact that a case was filed by Bernard against him in the
Regional Trial Court of Cebu City over the same parcel of land.

3. Jojo, who owns a manufacturing company for cellular phones, has several
incidents of theft in his company. In order to arrest these incidents, and in
order to determine the responsible employees guilty of stealing his cellular
phones, he will be implementing a company policy for his employees to be
subjected to lie detector tests. Jojo approached your law firm to inquire
whether a lie detector test result is substantial evidence to prove the guilt of his
employees for stealing his products.

4. Adam was married to his long time girlfriend Anne Curtis. In pursuit of
greener pastures, Adam worked in a New York based law firm as an
Associate Lawyer for 3 years. During his stay, he was romantically involved
with Rachel Zane a paralegal in the same firm. Adam further married her
when they were on a stupendous vacation in Las Vegas. Thereafter, Adam
and Rachel Zane decided to celebrate their honeymoon in Cebu City.

Anne Curtis would like to inquire your law firm’s legal opinion whether (1)
the marriage of Adam with Rachel Zane is valid and (2) whether Adam can
be prosecuted with bigamy.

5. Shalz, a Filipino, and Daenerys Targaryen, an American, both residents of

California, decided to get married in their local parish. Two years after their
marriage, Daenerys Targaryen obtained a divorce in California. While in
Cebu City, Shalz met Kathy, a Filipina, who was vacationing there. Shalz fell
in love with her. After a brief courtship and complying with all the
requirements, they got married in Hongkong to avoid publicity, it being
Shalz's second marriage. After their honeymoon in Hongkong, Shalz set an
appointment with your law firm and inquired your advise whether his
marriage to Kathy is valid.