TAKE HOME QUIZ NO.

1
Persons and Family Relations
.
Answer the following questions intelligently:

1. The jackpot in 6/55 lotto already reached a whopping Php900 billion. Congressperson
Susie Utokan, convinced the executive and legislative branches of the government to
enact a special law that will distribute the jackpot money to the 100 million citizens of
the Philippines so they can have start-up capital to make the Philippines a great and
drug-free country.

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, 2016, signed into law by the President on July 3, 2016,
and published in such newspaper of general circulation on July 7, 2016 and in the
Official Gazette on July 10, 2016.

(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) Andrea, a mayor in Cebu said the law took effect on July 11, 2016. Marcelo, a mayor
in Negros said it took effect on July 8, 2016. Cynthia, a mayor in Mindanao said the
law should take effect on July 25, 2016 or 15 days after publication. Dolores said the
law took effect on the 15th day of publication. Who is correct? 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.

2. Daryl went to Tubigon as per invitation of Juanita, her girlfriend. After drinking two
jugs of bahalina, he went home in his Toyota fortuner. He was so drunk that he did not
see a Ceres bus coming towards him. Consequently, a collision occurred where ten
people died. A criminal case for reckless imprudence resulting to multiple homicide
was filed against Daryl on 10 October 2010. On account of this, Juanita broke up with
him.

The heirs of Sunyita, who died in the incident filed a separate civil action against Daryl
and the owner of the Toyota Fortuner, Carlos on 20 October 2010. Daryl filed a motion
to dismiss the civil case, contending that the criminal action must first proceed before
the civil action. Is Daryl correct? Why?

Daryl added that the criminal case must be suspended on account of a prejudicial
question. Is he correct? Why?
 3. Alden married Maine in the Philippines on September 12, 2013. They went to Moscow,
USSR for their honeymoon and liked the place so much so they decided to stay in
Moscow for 8-9 months. While sipping vodka at one of the cafes in Moscow, Alden saw
and fell in love with Natasha, a Russian lawyer. Since Natasha always wanted a Filipino
for a boyfriend, she helped Alden to change his citizenship. Alden became Russian on
December 25, 2013. To avoid any complications and because Alden no longer wanted to
leave Natasha or Russia, he divorced Maine in Russia on June 15, 2014. He told Maine
about this on the day that Alden and Maine were supposed to return to the Philippines
on June 20, 2014.

Maine went home to the Philippines broken hearted and to keep herself busy, she
worked as an accountant with the Sikap, Gorres, and Villayes Accounting Firm where
Prince Andrew of Great Britain fell in love with her. Maine married Prince Andrew in
lavish ceremonies in Greece, to boost the economy of the island.

After a few months, Alden realized he still loved Maine. So he filed a petition to nullify
Maine’s wedding with Prince Andrew, invoking Article 15 of the New Civil Code. Will
Alden’s petition to nullify Maine’s wedding with Prince Andrew prosper? Why?

4. Leny and her late husband Rodrigo had two children, Sara and Veronica. One summer, her
mother-in-law, Honeylet aged 70, took the two children, then aged 10 and 12, with her on a
boat trip to Cebu. Unfortunately, the vessel sank en route, and the bodies of the three were
never found. None of the survivors ever saw them on the water. On the settlement of
Honeylet’s estate, Leny 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? Why?

5. Juan is a Filipino citizen residing in Tokyo, Japan. State what laws govern:
a. His capacity to contract marriage in Japan,
b. His successional rights as regards his deceased Filipino father's property in Texas,
U.S.A.

6. What do you mean by contra bonos mores? Give an example

7. Dante was caught eating carabao meat during the fiesta of Balilihan, Bohol. He was
charged with violating the Philippine Animal Welfare Act. He told the Judge he cannot be
indicted for the crime since eating carabao meat has long been practiced as a custom in
Bohol. Is Dante correct? Explain.

8. Explain the concept of renvoi, lex rae sitae, and lex loci celebrationis