LARGO_MA.

VIDIA_OCTOBER 08, 2023

CIVIL LAW REVIEW

1. Eduardo was married to Ruby. He then met Tina and proposed marriage, assuring
her that he was single. They got married and lived together. Tina, upon learning that
Eduardo had been previously married, charged Eduardo for bigamy for which he was
convicted. Eduardo testified that he declared he was “single” because he believed in
good faith that his first wife was already dead, having not heard from her for 20 years,
and that he did not know that he had to go to court to seek for the nullification of his
first marriage before marrying Tina. Is Eduardo liable for the crime of bigamy? (5
points)

Yes, Eduardo is liable for the crime of bigamy.

The mistake of fact of the accused is a valid defense in a prosecution for a

crime or offense that is intentionally carried out to cause harm and injury to others.
This defense negates the criminal intent, however, ignorance of the law excuses no
one.

In this case, Eduardo has the burden to prove that his first wife was already
dead before he married Tina. He should have cited evidence in declaring the
presumptive death of his first wife – Ruby. Eduardo failed to discharge his burden
of proof, therefore, he acted in bad faith and he is held guilty of bigamy.

2. Define the following:

a. Territoriality Principle - Penal laws and those of public security and safety are
obligatory upon all who live or temporary stays in Philippine territory that are
subject to the principles of public international law and to treaty stipulations. Penal
laws are strictly territorial. They can have no effect outside the state’s territorial
jurisdiction except if there is a treaty stipulations, when the offense is committed by
a foreign sovereign while in Philippine territory and when the offense is committed
by diplomatic representatives, when the offense is committed in a public or armed
vessel of a foreign.

b. Nationality principle – or Lex Nationalii are laws relating to the family rights and
duties, status, condition and legal capacity of persons. But if a person is stateless, the
personal law will be the domicile of the stateless person or the place of temporary
residence is binding upon citizens of the Philippines, even though living abroad.

c. Lex rei sitae – or Immovable Property laws, in which the real property as well as
personal property is subject to the law of the country where it is situated This
comprises all aspects including formalities except national law of the decedent
whose succession is under consideration will govern with respect to the order of
succession, amount of successional rights, intrinsic validity of testamentary
provisions and legal capacity to succeed.

d. Lex loci celebrationis – or the Laws on Forms and Solemnities in which the forms
and solemnities of contracts, wills, and other public instruments shall be governed
by the laws of the country in which they are executed. When a Filipino is in a foreign
country, he is authorized to make a will in any of the forms established by the law of
such country

3. A (a Filipino construction firm) and the Iraqi Government entered into a service
contract for the construction of building in Iraq. The service contract contained no
express choice of the law that would govern it. The contract was secured by a
performance bond issued by B (a domestic corporation). For A’s faliure to complete the
project, B paid the bond. B claimed reimbursement but A failed to pay. Thus a case was
filed. Should Philippine law govern in determining B's default?

No, the Philippine law should not govern in determining B’s default.
 The rule followed by most legal systems is that the intrinsic validity of a
contract must be governed by the lex contractus or proper law of the contract.
Philippine courts would do well to adopt the first and most basic rule in most legal
systems, namely, to allow the parties to select the law applicable to their contract,
subject to the limitation that it is not against the law, morals or public policy of the
forum and that the chosen law must bear a substantive relationship to the
transaction.

In this case, the laws of Iraq bear substantial connection to the transaction,
since one of the parties is the Iraqi Government and the place of performance is in
Iraq. Therefore, the issue of whether respondent VPECI defaulted in its obligations
may be determined by the laws of Iraq. However, since that foreign law was not
properly pleaded or proved, the presumption of identity or similarity, otherwise
known as the processual presumption where foreign law is not pleaded and is not
proved then the presumption is that foreign law is the same as ours.

4.Echiverri filed a petition to exclude Asistio from the permanent list of voters of
Caloocan City on the ground that Asistio is not a resident of thereof as the address
stated in the latter’s Certificate of Candidacy for Mayor in 2010 elections did not exist.
In defense, Asistio alleged that he mistakenly relied on the address stated in the
contract of lease with his lessor. Should Asistio be excluded from the permanent list of
voters for failure to comply with the residency required by law?

No, Asistio should not be excluded from the permanent list of voters.
The Voters Registration Act of 1996 states the qualifications of a voter. From
these provisions, the residency requirement of a voter is at least one year residence in
the Philippines and at least six months in the place where the person proposes or
intends to vote.
5. Can a will executed by a foreigner abroad be probated in the Philippines although it
has not been previously probated and allowed in such foreign country?

Yes, the will executed by a foreigner abroad, can be probated in the

Philippines.

The rule is if the will is made with the formalities prescribed by the law of the
place in which he resides, according to the formalities observed in his country or in
conformity with those which the Civil Code prescribes.

6. May a Filipino convicted of a crime abroad serve his sentence in the Philippines?

No, a Filipino convicted of a crime abroad will not serve his sentence in the
Philippines.

The law provides that crimes committed outside the Philippines against any
Philippine citizen or entity registered in the Philippines, if committed against
national security or interest or punishable by level 4 or higher crime, unless
punishable in the place where the crime is committed.

7. Mekeni Food Corp. offered its employee Locsin a car plan. One-half of the cost of the
vehicle is to be paid by Mekeni and the other half is to be deducted from Locsin’s
salary. The car was an absolute necessity in Mekeni’s business operations. Locsin paid
for his 50% share through monthly salary deductions. Subsequently, Locsin resigned.
By then, a total of ₱112,500 had been deducted from his monthly salary and applied as
part of his share in the car plan. The vehicle remained in the ownership and possession
of Mekeni, and so Locsin sought reimbursement of his amortization payments on the
vehicle and posits that if the amount is not reimbursed, unjust enrichment would result,
as the vehicle remained in the possession and ownership of Mekeni. Should the
amortization payments be refunded in favor of Locsin?

Yes, the amortization payments must be refunded in favor of Locsin.

 In the absence of specific terms and conditions governing a car plan
agreement between the employer and employee, the employer may not retain the
installment payments made by the employee on the car plan and treat them as rents
for the use of the service vehicle in the event that the employee ceases his
employment and is unable to complete the installment payments on the vehicle since
the service vehicle was precisely used in the employer's business therefore, Mekeni
may not enrich itself by charging Locsin for the use of its vehicle which is otherwise
absolutely necessary to the full and effective promotion of its business.

8. At the age of 18, Marian found out that she was pregnant. She insured her own life
and named her unborn child as her sole beneficiary. When she was already due to give
birth, she and her boyfriend Pietro, the father of her unborn child, were kidnapped in a
resort in Bataan. The military gave chase and after one week, they were found in
abandoned hut in Cavite. Marian and Pietro were hacked with bolos. Marian and the
baby she delivered were both found dead, with the baby’s umbilical cord already cut.
Pietro survived.

a. Can Marian’s baby be the beneficiary of the insurance taken on the life of the mother?

Yes, Marian’s baby can be the beneficiary of the insurance.

Under the law, an unborn child may be designated as the beneficiary in the
insurance policy of the mother. An unborn child shall be considered a person for
purposes favorable to it provided it is born later in accordance with the law.

There is no doubt that the designation of the unborn child as a beneficiary is

favorable to the child, therefore, Marian’s baby can be the beneficiary.

b. Between Marian and the baby, who is presumed to have died ahead?

If the baby was not alive when completely delivered from the mother’s womb,
it was not born as a person, then the question of whom between two persons
survived will not be an issue. The baby had an intra- uterine life of more than 7
months therefore, it would be considered born if it was alive at the time of its
complete delivery from the mother’s womb. We can gather from the facts that the
baby was completely delivered. But whether or not it was alive has to be proven by
evidence and experts.

c. Will Prieto, as surviving biological father of the baby, be entitled to claim the
proceeds of the life insurance on the life of Marian?

No. Prieto is not entitled to claim proceeds of the life insurance of Marian.
Since the baby did not acquire any right under the insurance contract, there is
nothing for Prieto to inherit. Prieto is not married to Marian neither was he named as
the beneficiary of the insurance.

9. Roderick and Faye were high school sweethearts. When Roderick was 18 and Faye, 16
years old, they started living together as husband and wife without the benefit of
marriage. When Faye reached 18 years of age, her parents forcibly took her back and
arranged for her marriage to Brad. Although Faye lived with Brad after the marriage,
Roderick continued to regularly visit Faye while Brad was away at work. During their
marriage, Faye gave birth to a baby girl, Laica. When Faye was 25 years old, Brad
discovered her continued liaison with Roderick and in one of their heated arguments,
Faye shot Brad to death. She lost no time in marrying her true love Roderick, without a
marriage license, claiming that they have been continuously cohabiting for more than 5
years. Was the marriage of Roderick and Faye valid?

No, the marriage is void because there was no marriage license. Their marriage
was not exempt from the requisite of a marriage license because Roderick and Faye
have not been cohabiting for at least five continuous years before the celebration of
their marriage. The brief visitations did not amount to cohabitation.

10. Guillermo and Josefa lived together as husband and wife, but there is doubt as to
whether they got married, since no record of the marriage existed in the civil registry
but their relatives and friends maintained that the two in fact married each other and
lived as husband and wife for more than half a century. Is Guillermo married to Josefa?
 Yes, Guillermo is married to Josefa.

In this jurisdiction, every intendment of the law leans toward legitimizing

matrimony. Persons dwelling together apparently in marriage are presumed to be in
fact married. This is the usual order of things in society and if the parties are not
what they hold themselves out to be they would be living in constant violation of the
common rules of law and propriety. Although a marriage contract is considered a
primary evidence of marriage, its absence is not always proof that no marriage took
place.

11. A Filipina was married to an American who obtained a divorce decree in the U.S.
When the Filipina came back to the Philippines and started her business, the American
followed suit and wanted to enforce his rights over the Filipina to the extent of claiming
his rights to administer the properties of the woman, contending that they are still
married. He also claimed hereditary rights. Is he correct? Why?

No, the American is not correct.

Under the rule, the divorce in the U.S. released the Filipina from the marriage.
Therefore, pursuant to American law, he is no longer the husband of the Filipina. He
cannot sue and enforce his rights over the Filipina.

12. Jennifer was registered as a female in her Certificate of Live Birth. In her early years,
she suffered from clitoral hypertrophy and was found out that her ovarian structures
had minimized. She also alleged that she has no breasts or menstruation. She was
diagnosed to have Congenital Adrenal Hyperplasia (CAH) a condition where persons
thus afflicted possess secondary male characteristics because of too much secretion of
androgen. She then alleged that for all interests and appearances as well as in mind and
emotion, she has become a male person. What is Jennifer’s gender or sex?

Jennifer’s sex is male.

 Under the law, where the person is biologically or naturally intersex the
determining factor in his gender classification would be what the individual, having
reached the age of majority, with good reason thinks of his/her sex.

In this case, Jennifer thinks of himself as a male and considering that his body
produces high levels of androgen, there is biological evidence for considering him as
being male. Sexual development in cases of intersex persons makes the gender
classification at birth inconclusive. It is at maturity that the gender of such persons is
fixed.

13. Does a petition or declaration of nullity of marriage based on Art. 36 of the FC

destroy the constitutional mandate to protect the sanctity of marriage and promoting
such marriage as a foundation of the family?

No, the Court is not destroying the foundation of the family but it is actually
protecting the sanctity of marriage since it refuses to allow a person afflicted with a
psychological disorder who cannot comply with or assume the essential marital
obligations from remaining in that sacred bond.

Under the rule in classifying marriages contracted by a psychologically

incapacitated person as a nullity should be deemed as an implement of this
constitutional protection of marriage. Given the avowed State interest in promoting
marriage as the foundation of the family which in turn serves as the foundation of
the nation, there is a corresponding interest for the State to defend against marriages
ill equipped to promote family life.

14. A and B were married. They have four (4) children. A, the husband, had an affair
with C, who gave birth to a child. After 12 years of marriage, B left the conjugal home
and her 4 children with A.Now, A started living with C. Nine years since the de facto
separation from B, A filed a petition for declaration of nullity of marriage based on
Article 36 of the Family Code. A psychologist and a canon law expert testified that B,
were indeed psychologically incapacitated alleging that she may reflect a narcissistic
personality disorder with her sexual infidelity, habitual mahjong playing, and her
frequent nightout with friends. They based their diagnosis on an interview with the
family relative of B and statements made by their own son. Is the marriage of A and B
void on the ground of psychological incapacity?

15. Arnold, a Filipino, and Britney, an American, both residents of California, decided
to get married in their local parish. Two years after their marriage, Britney obtained a
divorce in California. While in Boracay, Arnold met Jenny, a Filipina, who was
vacationing there. Arnold fell in love with her. After a brief courtship and complying
with all the requirements, they got married in Hong Kong to avoid publicity, it being
Arnold’s second marriage. Is his marriage with Jenny valid?

Yes, Arnold’s marriage to Jenny is valid.

In this case, the marriage will not fall under Article 35(4) of the Family Code
on bigamous marriages provided that Britney obtained an absolute divorce,
capacitating her to remarry under her national law.

Therefore, the marriage between Arnold and Jenny may be valid as long as it
was solemnized and valid in accordance with the laws of Hong Kong.

16. Ana Rivera had a husband, a Filipino citizen like her, who was among the
passengers on board a commercial jet plane which crashed in the Atlantic Ocean ten
(10) years earlier and had never been heard of ever since. Believing that her husband
had died, Ana married Adolf Cruz Staedler, a divorced German national born of a
German father and a Filipino mother residing in Stuttgart. To avoid being required to
submit the required certificate of capacity to marry from the German Embassy in
Manila, Adolf stated in the application for marriage license stating that Adolf was a
Filipino, the couple got married in a ceremony officiated by the Parish Priest of
Calamba, Laguna in a beach in Nasugbu, Batangas, as the local parish priest refused to
solemnize marriage except in his church. Is the marriage valid?

No, the second marriage is not valid.

 According to the rule, if the missing husband was in fact dead at the time the
second marriage was celebrated, the second marriage was valid. Actual death of a
spouse dissolves the marriage ipso facto whether or not the surviving spouse had
knowledge of such fact. A declaration of presumptive death even if obtained will not
make the marriage voidable because presumptive death will not prevail over the fact
of death. If the missing husband was in fact alive when the second marriage was
celebrated, the second marriage was void ab initio because of a prior subsisting
marriage.

In this case, if Ana obtained a declaration of presumptive death, the second

marriage would have been voidable. In both marriages, the fact that the German
misrepresented his citizenship to avoid having to present his Certificate of Legal
Capacity or the holding of the ceremony outside the church or beyond the territorial
jurisdiction of the solemnizing officer are all irregularities which do not affect the
validity of the marriage.

17. Is a decree of nullity of the first marriage required before a subsequent marriage can
be entered into validly?

Under the law, the absolute nullity of a previous marriage may be invoked for
purposes of remarriage on the basis solely of a final judgment declaring such
previous marriage void except if the second marriage took place prior to the
effectivity of the FC, there is no need for judicial declaration of nullity of the first
marriage pursuant to the prevailing jurisprudence at that time.

18. Aurora prayed for the annulment of her marriage with Fernando on the ground of
fraud in obtaining her consent after having learned that several months prior to their
marriage, Fernando had premarital relationship with a close relative of his. According
to her, the "non-divulgement to her of such pre-marital secret" constituted fraud in
obtaining her consent w/in the contemplation of Art. 46 of the FC. Is the concealment
by the husband of a pre-marital relationship with another woman a ground for
annulment of marriage?
 No, the concealment to a wife by her husband of his pre-marital relationship
with another woman is not a ground for annulment of marriage.

Under the rule, for fraud as a vice of consent in marriage, which may be a
cause for its annulment, comes under Art. 46 of the FC, the fraud, as vice of consent,
is limited exclusively by law to those kinds or species of fraud enumerated in Art. 46
in relation to Art. 45(3).

19. Rosa and Ariel were married in the Catholic Church of Tarlac, Tarlac on January 5,
1988. In 1990, Ariel went to Saudi Arabia to work. There, after being converted into
Islam, Ariel married Mystica. Rosa learned of the second marriage of Ariel on January 1,
1992 when Ariel returned to the Philippines with Mystica. Rosa filed an action for legal
separation on February 5, 1994.

a. Does Rosa have legal grounds to ask for legal separation?

Yes, the abandonment of Rosa by Ariel for more than one year is a ground for
legal separation unless upon returning to the Philippines, Rosa agrees to cohabit
with Ariel which is allowed under the Muslim Code.

Under the rule, the contracting of a subsequent bigamous marriage whether

the Philippines or abroad is a ground for legal separation under Art. 55(7) of the FC.
In this case, whether the second marriage is valid or not, Ariel having converted into
Islam, is immaterial.

b. Has the action prescribed?

No, the aggrieved spouse must file the action within five (5) years from the
occurrence of the cause.

In this case, the subsequent marriage of Ariel could not have occurred earlier
than 1990, the time he went to Saudi Arabia. Therefore, Rosa has until 1995 to bring
the action under the FC.
20. May the heirs of the deceased spouse continue the suit (petition for decree of legal
separation) if the death of the spouse takes place during the pendency of the suit?

No, the heirs cannot file for declaration of nullity of marriage.

The rule on declaration of absolute nullity of void Marriages marks the

beginning of the end of the right of the heirs of the deceased spouse to bring a
nullity of marriage case against the surviving spouse.

In this case, the heirs can still protect their successional right for compulsory
or intestate heirs can still question the validity of the marriage of the spouses, not in
a proceeding for declaration of nullity but upon the death of a spouse in a proceeding
for the settlement of the estate of the deceased spouse filed in the regular courts.