persons and family relation bar question

Question was from the bar exam

I

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.

a) Discuss the effect of the divorce obtained by Sonny and Lulu in Canada.

b) b) Explain the status of the marriage between Sonny and Auring.

c) c) Explain the status of the marriage between Lulu and Tirso.

II

Gigi and Ric, Catholics, got married when they were 18 years old. Their marriage was solemnized on August 2, 1989 by Ric's uncle, a Baptist Minister, in Calamba, Laguna. He overlooked the fact that his license to solemnize marriage expired the month before and that the parties do not belong to his congregation. After 5 years of married life and blessed with 2 children, the spouses developed irreconcilable differences, so they parted ways.

While separated, Ric fell in love with Juliet, a 16 year-old sophomore in a local college and a seventh-Day Adventist. They decided to get married with the consent of Juliet's parents. She presented to him a birth certificate showing she is 18 years old. Ric never doubted her age much less the authenticity of her birth certificate. They got married in a Catholic church in Manila. A year after, Juliet gave birth to twins, Aissa and Aretha.

a) What is the status of the marriage between Gigi and Ric - valid, voidable or void? Explain.

b) What is the status of the marriage between Ric and Juliet - valid, voidable or void?

III

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

IV

In December 2000, Michael and Anna, after obtaining a valid marriage license, went to the Office of the Mayor of Urbano, Bulacan, to get married. The Mayor was not there, but the Mayor’s secretary asked Michael and Anna and their witnesses to fill up and sign the required marriage contract forms. The secretary then told them to wait, and went out to look for the Mayor who was attending a wedding in a neighboring municipality.

When the secretary caught up with the Mayor at the wedding reception, she showed him the marriage contract forms and told him that the couple and their witnesses were waiting in his office. The Mayor forthwith signed all the copies of the marriage contract, gave them to the secretary who returned to the Mayor’s office. She then gave copies of the marriage contract to the parties, and told Michael and Anna that they were already married. Thereafter, the couple lived together as husband and wife, and had three sons.

a) Is the marriage of Michael and Anna valid, voidable, or void? Explain your answer.

b) What is the status of the three children of Michael and Anna? Explain your answer.

c) What property regime governs the properties acquired by the couple? Explain.

V

Harry married Wilma, a very wealthy woman. Barely five (5) years into the marriage, Wilma fell in love with Joseph. Thus, Wilma went to a small country in Europe, became a naturalized citizen of that country, divorced Harry, and married Joseph. A year thereafter, Wilma and Joseph returned and established permanent residence in the Philippines.

[a] Is the divorce obtained by Wilma from Harry recognized in the Philippines? Explain your answer.

[b] If Harry hires you as his lawyer, what legal recourse would you advise him to take? Why?

[c] Harry tells you that he has fallen in love with another woman, Elizabeth, and wants to marry her because, after all, Wilma is already married to Joseph. Can Harry legally marry Elizabeth? Explain.

VI

On December 1, 2000, Dr. Juanito Fuentes executed a holographic will, wherein he gave nothing to his recognized illegitimate son, Jay. Dr. Fuentes left for the United States, passed the New York medical licensure examinations, resided therein, and became a naturalized American citizen. He died in New York in 2007. The laws of New York do not recognize holographic wills or compulsory heirs.

[a] Can the holographic will of Dr. Fuentes be admitted to probate in the Philippines? Why or why not?

[b] Assuming that the will is probated in the Philippines, can Jay validly insist that he be given his legitime? Why or why not?

VII

Rodolfo, married to Sharon, had an illicit affair with his secretary, Nanette, a 19-year old girl, and begot a baby girl, Rona. Nanette sued Rodolfo for damages: actual, for hospital and other medical expenses in delivering the child by cesarean section; moral, claiming that Rodolfo promised to marry her, representing that he was single when, in fact, he was not; and exemplary, to teach a lesson to like-minded Lotharios.

[a] If you were the judge, would you award all the claims of Nanette? Explain.

VIII

At age 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 where they were vacationing. The military gave chase and after one week, they were found in an 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?

b) Between Marian and the baby, who is presumed to have died

ahead?

c) Will Pietro, as surviving biological father of the baby, be entitled to

claim the proceeds of the life insurance on the life of Marian?

IX

Roderick and Faye were high school sweethearts. When Roderick

was 18 and Faye, 16 years old, they started to live 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.

a) Was the marriage of Roderick and Faye valid?

b) What is the filiation status of Laica?

c) Can Laica bring an action to impugn her own status on the ground

that based on DNA results, Roderick is her biological father?

d) Can Laica be legitimated by the marriage of her biological

parents?