Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 2

1. A. The marriage of Ana and Adolf is not valid but voidable.

The Civil code provides that one of


the requisites for a valid marriage is a marriage license in order to have a valid marriage absence
thereof will render the marriage voidable. Since the certificate of capacity to marry was vitiated
and obtained by fraud. Hence the marriage between Anna and Adolf are not valid.
2. A. Yes, Marian’s baby can be a beneficiary. The civil code provides that a child is considered born
after its complete delivery from the mother’s womb. In this case since the child as delivered
completely, even if the baby died, it can still become he beneficiary under the law.
B.It is presumed that the baby died a head of Marian. Under the Civil code, if a person is below
15 and the other one is older, it is presumed that the one who died first is the younger.
Therefore, the baby died first.
C. Yes, Pietro as the surviving biological father of the baby is entitled to the claims of the
proceeds. The law on Civil code provides that a child who was completely delivered can acquire
donation and become a beneficiary. Since the baby died, the survibing heir is the father. Hence,
Pierto can claim from the life insurance.

3. A. The marriage of Roderick and Faye are voidable since there was no marriage license. Under
the civil code, one of the formal requisites of a valid marriage is a marriage license and such
cohabitation for 5 years must be continuous. In this case it was not proven that the cohabitation
of Roderick and Faye were valid since at that time she was still married to Brad. Hence their
marriage is not valid.
B. Laica is legitimate but of Brad. The law provides that a child who was born during the valid
marriage is a legitimate child. Hence Laica is a legitimate child.

C. Yes, Laica can bring an action to impugn her own status based on the DNA results that
Roderick is her biological father. The civil code provides that in order to be acknowledge by the
biological father, there must be proof of filiation and record of birth. Hence, Laica can still
impugn her status.

D. Yes. Laica can be legitimated. The civil code provides that a child who was born outside the
wedlock or the parents are not yet still capacitated to marry, can be legitimated. In this case,
since Roderick and Faye is capacitated to marry, hence Laica can be legitimated.

4. A. NO, Cathy cannot lawfully ask for demolition. The Civil code provides that a in case both the
builder and the land owner acted in in good faith, the land owner cannot appropriate the work
made therein but oblige the builder to pay the value of the material. Since Bobby is builder in
goodfaith, Cathy has no right to demolish it.
B. Yes, Bobby can legally insist on purchasing the lan. The civil code provides that a bulder in
good faith has the right to pay the value of the land at the time he constructed his house. Since
Bobby is a builder in good faith, hence he can insist to purchase the land of Cathy.

5. A. Yes, there is no legal obstacle to the legal adoption of Amy by Andrew. Under the law on
Domestic Adoption, the a legitimate child provided that he or she is acknowledge by one of his
parents and with the consent of the other spousecan be adopted. Even if Amy is above 18 years
old, she is the daughter of Andrew. Hence she can be legally adopted by Andrew.
Sandy, on the other hand can also be legally adopted. The law on domestic adoption provides
that a child below 18 years of age can be adopted. Sandy was 13 years old at the time Andrew
adopted her. Therefore, Sandy can be legally adopted.

B. Yes, Andrew is legally entitled to claim support from all of his children. The Civil code
provides that the children is obliged to support their parents. Since all of them were considered
as the legitimate children of Andrew, hence all of them can support him.

C. Only Sandy can claim support from her siblings. The civil code provides that in case there is a
minor in the household, the head of the family or the older siblings are entitled to give support
to the minor until he or she becomes of age. Sandy is only 13 years old, a minor. Hence she can
claim support to her brothers and sisters.
D. Yes, Jon and Jane can leggaly marry. The civil code provides that a step brother and a step
sister cannot marry since it is against public policy. However, since Elena and Carla were not
married to Andrew, hence there is no impediment for Jon and Jane to get marry.

6. A. Yes, Anthony can acquire ownership over the property by acquisitive prescription. He was a
buyer in good faith since he did not know such defects. The civil code provides that in case there
is an immovable property, the prescriptive period is 30 years.

B. No, he cannot require Anthony to the fruits he harvested. The Civil code provides that a
sower in good faith the land owner can appropriate his works but he shall be paid of the value of
the fruits at the time it was taken.
C.Yes, Carlo can appropriate them. The civil code provides that if there is a sower in good faith,
the land owner can acquire it but must pay the sower in goodfaith the value of the crops from
the time it was taken. Anthony is a sower in goodfaith, hence Carlo can acquire the crops but
must pay Anthony.
7. A. Adam and Blas are the owners. The civil code provides that if there is a hidden treasure and it
is found in the land of another, the owner of the land and the finder shall have it proportionely.
Adam is the finder and Blas is the owner of the property, hence both of them can have it
equally.

B.No, it is an community property. The civil code provides that any treasure found by either spouse
shall at the time of the marriage shall be part of the congugal partnership of gains. Since both of
theme are marriage at the time they found the treasure, hence it is now part of their community
property.

You might also like