PRELIMINARY EXAMINATION IN CIVIL LAW REVIEW 2012

PRELIMINARY EXAMINATION IN CIVIL LAW REVIEW 2012

1. Marriage is an inviolable institution whose nature, consequences and incidents are governed by law. The exception to this is (a) a marriage agreement about wealth (b) fixing of property relations (c) there is no exception actually because marriage is not subject to any stipulation(d) a pre-nuptial stipulation.

2.The purpose of marriage is (a) pro-creation (b) family life (c) conjugal union (d) conjugal and family life establishment

3. Which of the following is an essential requisite of marriage? (a) authority of solemnizing officer (b) marriage license (c) consent freely given (d) a marriage ceremony with two witnesses of legal age

4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except (a) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so (b) Those solemnized without license (c) Those contracted by any party below eighteen years of age even with the consent of parents or guardians (d) Those contracted through mistake of one contracting party as to the identity of the other

5. The family code took effect on (a) Aug. 30, 1987 (b) Aug. 3, 1989 (c) Aug. 30, 1988 (d) Aug. 3, 1988

6. A husband sold a conjugal property on Jan. 10, 1972. The sale of this property is (a) void because the written consent of the spouse is necessary (b) it is only voidable as to the half of the property which is owned by the wife (c) it is only unenforceable subject to ratification by the wife (d) it is voidable subject to the ratification of the wife later when she agrees to it or does not object to the said sale.

7. Jose married Maria in Jan 6, 1973. He filed a petition for annulment of the marriage grounded on psychological incapacity. Which of the following statements is true? (a) his action does not prescribe because an action to declare a marriage void is imprescriptible (b) his action prescribes in ten years from Aug. 30, 1988 when the Family Code took effect (c) his action prescribes in five years pursuant to the general provision on an action based on a contract (d) his action prescribed in ten years counted from the date of the effectivity of the family code.

8. Jose is married to Maria who went to the U.S. and who got married to an American , after obtaining a divorce there. Maria has two children with the U.S. marine. Which of the following statements is correct? (a) Jose can remarry in the Philippines without having to do anything (b) Jose must still file a petition in court to declare his previous marriage void (c Jose does not have to file a petition since all that is needed is for him to file a petition to prove the divorce decree obtained by Maria against him which is a judgment from a U.S. court (d) Jose cannot get married since he is still married to Maria since we do not recognize divorce in the Philippines.

9. Maria’s husband is a soldier, whose whereabouts is already unknown since 1976 when he was assigned in Jolo. Maria is still 35 and wants to start a new love life of her own. She meets Jose (24 years old) and asks your advice as to what to do inorder to marry her dream boy. Your advice would be (a) she simply has to obtain a marriage license as a requirement (b) she must file a petition to have her husband declared presumptively dead (c) Since Jose is only 24, there is a need to obtain a parental consent (d) two requirements are needed, a judgment of presumptive death and parental advice on Jose’s part.

10. Alice a Filipino citizen is married to Bruno Marsch, an American (16 years old). They were married in Colorado, U.S.A. where the marriageable age is 16. Due to disagreement, Bruno obtained a divorce in the U.S. With a broken heart,Alice went back to the Philippines and managed their family business, meet sJuan Pogi and falls in love again. Alice asks your advice if she can marry Juan Pogi. Which should be the correct advice? (a) Alice has to go to Court to have her divorce decree acknowledged and proved and that she must prove the divorce law there in our court (b) Alice need not do that since his marriage to Bruno Marsch is void from the beginning (c) Alice has to file a petition to have her previous marriage declared void (d) Alice can remarry only after her marriage is declared void and also file a petition to have her divorce decree recognized with further proof that in Colorado, a divorcee can remarry.

11. Which of the following does not require a marriage license and yet valid? (a) when one of the parties is dead (b) a marriage performed by a priest on a passenger who is about to die with another passenger inside the ship (c) marriage between two Muslim partners (d) those who had been living in for ten years

12. Which of the following is considered as Fraud for purposes of annulment of marriage? (a) a previous conviction of homicide by either party (b) concealment of the husband that at the time of the marriage he has already a child with another woman (c) concealment of the wife that she is already pregnant with another man before the marriage (d) concealment of the woman that she has cancer of the cervix and that she cannot bear a child.

13. Which of the following is NOT correct with respect to legal separation? (a) the action does not prescribe (b) the action prescribes with five years from the effectivity of the Family Code (c) the action prescribes within five years from the occurrence of the ground for legal separation (d) the action can be filed at any time when the ground for legal separation occurs.

14. Jose is married to Maria, but in his insurance policy, he designated Josefa, as his beneficiary, her live-in-partner for 22 years, and who has 3 children with him. Which statement is correct? (a) the designation is valid since he has children with Josefa (b) the designation is invalid hence the proceeds must belong to Maria, the legal wife (c) Josefa can claim the proceeds because the insurance shall be applied exclusively to the proper interest of the person in whose name it is made (d) Josefa cannot claim since a” person who cannot receive a donation cannot be named as beneficiary in the life insurance policy of the person who cannot make the donation”.

15. In a valid marriage between two Filipino citizens, where one party is later naturalized as a foreign citizen and obtains a valid divorce decree capacitating him or her to remarry, can the Filipino spouse likewise remarry under Philippine law? Which is correct? (a) Yes, according to the Supreme Court ruling in the case of Republic of the Philippines v. Cipriano Orbecido III (b) No, because the law specifically Article 26 applies only to valid mixed marriage, that is, a marriage celebrated between a Filipino citizen and an alien and hence the proper remedy in such a situation is to file a petition for annulment or for legal separation (c) No, because the reckoning point is not the citizenship of the parties at the time of the celebration of the marriage (d) No, because there still exists valid marriage that has been celebrated between a Filipino citizen and a foreigner and we do not recognize divorce in our country.

PART II ESSAY TYPE

Problem No. 1.Amos G. Bellis, born in Texas, was "a citizen of the State of Texas and of the United States." By his first wife, Mary E. Mallen, whom he divorced, he had five legitimate children; by his second wife, Violet Kennedy, who survived him, he had three legitimate children and finally, he had three illegitimate children.

On August 5, 1952, Amos G. Bellis executed a will in the Philippines, in which he directed that after all taxes, obligations, and expenses of administration are paid for, his distributable estate should be divided, in trust, in the following order and manner: (a) $240,000.00 to his first wife, Mary E. Mallen; (b) P120,000.00 to his three illegitimate children, Amos Bellis, Jr., Maria Cristina Bellis, Miriam Palma Bellis, or P40,000.00 each and (c) after the foregoing two items have been satisfied, the remainder shall go to his seven surviving children by his first and second wives, namely: Edward A. Bellis, Henry A. Bellis, Alexander Bellis and Anna Bellis Allsman, Edwin G. Bellis, Walter S. Bellis, and Dorothy E. Bellis, in equal shares.

Subsequently, or on July 8, 1958, Amos G. Bellis died a resident of San Antonio, Texas, U.S.A. His will was admitted to probate in the Court of First Instance of Manila on September 15, 1958. The law of Texas did not provide for legitimes for illegitimate children.

On January 17, 1964, Maria Cristina Bellis and Miriam Palma Bellis filed their respective oppositions to the project of partition on the ground that they were deprived of their legitimes as illegitimate children and, therefore, compulsory heirs of the deceased.

Question: What law is applicable on the matter? Will you grant the shares for the illegitimate children?

Problem No. 2. Is a provision in a foreigner’s wills to the effect that his properties shall be distributed in accordance with Philippine law and not with his national law valid?

Problem No. 3.On 25 October 2004, Maria Chrysantine Pimentel filed an action for frustrated parricide against Joselito R. Pimentel docketed as Criminal Case No. Q-04-130415, before the Regional Trial Court of Quezon City, which was raffled to Branch 223 (RTC Quezon City).

On 7 February 2005, petitioner received summons to appear before the Regional Trial Court of Antipolo City, Branch 72 (RTC Antipolo) for the pre-trial and trial of Civil Case No. 04-7392 (Maria Chrysantine Lorenza L. Pimentel v. Joselito Pimentel) for Declaration of Nullity of Marriage under Section 36 of the Family Code on the ground of psychological incapacity.

On 11 February 2005, petitioner filed an urgent motion to suspend the proceedings before the RTC Quezon City on the ground of the existence of a prejudicial question. Petitioner asserted that since the relationship between the offender and the victim is a key element in parricide, the outcome of Civil Case No. 04-7392 would have a bearing in the criminal case filed against him before the RTC Quezon City.

Question: What is a prejudicial question? What are its elements? Is there an existence of a prejudicial question in the above-stated problem? Explain.

Problem No. 4 Veronico Tenebro contracted marriage with Leticia Ancajas on April 10, 1990. The two were wed by a judge at Lapu-Lapu City. The two lived together continuously and without interruption until the later part of 1991, when Tenebro informed Ancajas that he had been previously married to a certain Hilda Villareyes on Nov. 10, 1986. Tenebro showed Ancajas a photocopy of a marriage contract between him and Villareyes. Invoking this previous marriage, petitioner thereafter left the conjugal dwelling which he shared with Ancajas, stating that he was going to cohabit with Villareyes.

On January 25, 1993, petitioner contracted yet another marriage, this one with a certain Nilda Villegas. When Ancajas learned of this third marriage, she verified from Villareyes whether the latter was indeed married to the petitioner. Villareyes confirmed in handwritten letter that indeed Tenebro was her husband.

Ancajas thereafter filed a complaint for bigamy against petitioner. During trial, Tenebro admitted having married to Villareyes and produced two children. However, he denied that he and Villareyes were validly married to each other, claiming that no marriage ceremony took place. He alleged that he signed a marriage contract merely to enable her to get the allotment from his office in connection with his work as a seaman. The trial court found him guilty of bigamy.

Questions: (1) Whether or not the petitioner is guilty of the crime of bigamy.

(2) What is the effect of declaration of nullity of the second marriage of the petitioner on the ground of psychological incapacity?

Problem No. 5. What do you mean by a “NO FAULT DIVORCE Law”? Does our legal system have it? Explain.

END OF THE EXAMINATION