Persons & Family Relations

The Family – End1

[Follow the Outline]

Part One
Modified True or False.Consider the statement true only when it is absolutely true.
Explain ALL your answers.

Part Two
Choose the best answer.

Part Three
Give direct and concise but complete answers.
Cite authorities, if any.

1. Janice and Jennifer are sisters. Janice sued Jennifer and Laura, Jennifer’s business partner
for recovery of property with damages. The complaint did not allege that Janice exerted earnest
efforts to come to a compromise with the defendants and that such efforts failed. The judge
dismissed the complaint outright for failure to comply with a condition precedent. Is the
dismissal in order?

I. 3. In Gayon v. Gayon, was Art. 151 applied?

In Hontiveros v. RTC, was Art. 151 applied?

5. In Salazar v. Felias & other Heirs of Catalino Nivera, was the issuance of the writ of
execution against the subject property proper, considering that petitioner claimed that
what was sought to be demolished is her family home which is exempt from execution?

7. Spouses A and B leased a piece of land belonging to B's parents for 25 years. The
spouses built their house on it worth P300,000.00. Subsequently, in a case that C filed
against A and B, the court found the latter liable to C for P200,000.00. When the sheriff
was attaching their house for the satisfaction of the judgment, A and B claimed that it
was exempt from execution, being a family home. Is this claim correct?

9. After finding out that his girlfriend Sandy was four months pregnant, Sancho married
Sandy. Both were single and had never been in any serious relationship in the past. Prior
to the marriage, they agreed in a marriage settlement that the regime of conjugal
 partnership of gains shall govern their property relations during marriage. Shortly after
the marriage, their daughter, Shalimar, was born.
Before they met and got married, Sancho purchased a parcel of land on installment, under
a Contract of Sale, with the full purchase price payable in equal annual amortizations
over a period of ten (10) years, with no down payment, and secured by a mortgage on the
land. The full purchase price was PhP 1million, with interest at the rate of 6% per
annum. After paying the fourth (4th) annual installment, Sancho and Sandy got married,
and Sancho completed the payments in the subsequent years from his salary as an
accountant. The previous payments were also paid out of his salary. During their
marriage, Sandy also won PhP1million in the lottery and used it to purchase jewelry.
When things didn’t work out for the couple, they filed an action for declaration of nullity
of their marriage based on the psychological incapacity of both of them. When the
petition was granted, the parcel of land and the jewelry bought by Sandy were found to
be the only properties of the couple.
(a) What is the filiation status of Shalimar?

11. Two (2) months after the death of her husband who was shot by unknown criminal
elements on his way home from office, Rose married her childhood boyfriend, and seven (7)
months after said marriage, she delivered a baby. In the absence of any evidence from Rose as to
who is her child’s father, what status does the law give to said child? Explain.

13. In 1985, Sonny and Lulu, both Filipino citizens, were married in the Philippines. In
1987, they separated, and Sonny went to Canada, where he obtained a divorce in the
same year. He then married another Filipina, Auring, in Canada on January 1, 1988.
They had two sons, James and John. In 1990, after failing to hear from Sonny, Lulu
married Tirso, by whom she had a daughter, Verna. In 1991, Sonny visited the
Philippines where he succumbed to heart attack.

Explain the respective filiation of James, John and Verna.

15. Julie had a relationship with a married man who had legitimate children. A son was born
out of that illicit relationship in 1981. Although the putative father did not recognize the
child in his certificate of birth, he nevertheless provided the child with all the support he
needed and spent time regularly with the child and his mother. When the man died in
2000, the child was already 18 years old so he filed a petition to be recognized as an
 illegitimate child of the putative father and sought to be given a share in his putative
father’s estate.

The legitimate family opposed, saying that under the Family Code his action cannot
prosper because he did not bring the action for recognition during the lifetime of his
putative father.
a.) If you were the judge in this case, how would you rule? (4%)
b.) Wishing to keep the peace, the child during the pendency of the case decides to
compromise with his putative father’s family by abandoning his petition in exchange for
½ of what he would have received as inheritance if he were recognized as an illegitimate
child. As the judge, would you approve such a compromise?

17. RN and DM, without any impediment to marry each other had been living together
without benefit of church blessings. Their common-law union resulted in the birth of
ZMN. Two years later, they got married in a civil ceremony. Could ZMN be
legitimated? Reason.

19. A German couple filed a petition for adoption of a minor Filipino child with the Regional
Trial Court of Makati under the provisions of the Child and Youth Welfare Code which
allowed aliens to adopt. Before the petition could be heard, the Family Code, which
repealed the Child and Youth Welfare Code, came into effect. Consequently, the
Solicitor General filed a motion to dismiss the petition, on the ground that the Family
Code prohibits aliens from adopting. If you were the judge, how will you rule on the
motion?

21. Hans Herber, a German national, and his Filipino wife, Rhoda, are permanent residents of
Canada. They desire so much to adopt Magno, an 8-year old orphaned boy and a
baptismal godson of Rhoda. Since the accidental death of Magno’s parents in 2004, he
has been staying with his aunt who, however, could hardly afford to feed her own family.
Unfortunately, Hans and Rhoda cannot come to the Philippines to adopt Magno although
they possess all the qualifications as adoptive parents.

Is there a possibility for them to adopt Magno? How should the go about it?
23. Rafael, a wealthy bachelor, filed a petition for the adoption of Dolly, a one-year old
foundling who had a severe heart ailment. During the pendency of the adoption
proceedings, Rafael died of natural causes. The Office of the Solicitor General files a
motion to dismiss the petition on the ground that the case can no longer proceed because
of the petitioner’s death.
[a] Should the case be dismissed? Explain. (2%)
[b] Will your answer be the same if it was Dolly who died during the pendency f
the adoption proceedings?