CIVIL LAW REVIEW 1 FINAL EXAM

LJC Notes

CIVIL LAW REVIEW FINAL EXAM

Atty Genevieve Marie D.B. Paulino
2015
1. Explain the IRON CURTAIN RULE by giving an example. (10 pts)
ANSWER:
Art. 992 of the Civil Code provides that illegitimate children cannot inherit ab
intestato from the legitimate children and relatives of his mother or father.
Legitimate children and relatives cannot inherit in the same way from the
illegitimate child.
Note: The iron curtain rule only applies in intestate succession. There is a
barrier recognized by law between the legitimate relatives and the illegitimate
child so that one cannot inherit from the other and vice-versa.
Rationale: The law presumes the existence of antagonism between the
illegitimate child and the legitimate relatives of his parents.
2. State the requirements so that a marriage can be validly celebrated
in a place other than the authorized venues. (5 pts)
ANSWER:
GR: Must be solemnized publicly within the jurisdiction of the authority of the
solemnizing officer:
1. Chambers of the judge or in open court
2. Church, chapel or temple
3. Office of the consul-general, consul or vice-consul
XPNS:
1. Marriage at the point of death
2. Marriage in remote places
3. Marriage at a house or place designated by the parties with the written
consent to the solemnizing officer to that effect.
3. In a nullity of marriage cases, the prior investigation by the fiscal to
determine whether or not collusion exists between the parties, is a
condition sine qua non for further proceedings. What is the effect if
there is no such investigation but during the hearing, the fiscal
actively participated and cross-examined the witnesses and even
presented the answering defendant during the presentation of
defendants evidence. Explain fully. (10 pts)
ANSWER:
The role of the prosecuting attorney or fiscal in annulment of marriage and
legal separation proceedings is to determine whether collusion exists between
the parties and to take care that the evidence is not suppressed or fabricated.
Petitioners vehement opposition to the annulment proceedings negates the
conclusion that collusion existed between the parties. There is no allegation
by the petitioner that evidence was suppressed or fabricated by any of the

CIVIL LAW REVIEW 1 FINAL EXAM

LJC Notes

parties. Under these circumstances, we are convinced that the nonintervention of a prosecuting attorney to assure lack of collusion between the
contending parties is not fatal to the validity of the proceedings in the trial
court. (Tuason vs. CA)

Art. 48. In all cases of annulment or declaration of absolute nullity of

marriage, the Court shall order the prosecuting attorney or fiscal assigned to it
to appear on behalf of the State to take steps to prevent collusion between
the parties and to take care that the evidence is not fabricated or suppressed.
(Emphasis supplied)
The condition as provided in Article 48 does not absolutely provides that
the fiscal or the prosecuting attorney shall be present during the hearing, for
as long as there is intervention during the trial to determine whether or not
collusion exists, the application of Article 48 is still proper.

4. There was a petition for the probate of an alleged holographic will

which was denominated as Kasulatan sa pag-aalis ng mana. The
private respondents moved for the dismissal of the probate
proceedings primarily on the ground that the document purporting to
be the holographic will of KIM CHEE did not contain any disposition of
the estate of the deceased and this did not meet the definition of a
will under Article 683 of the Civil Code. According to private
respondents, the will only showed an alleged act of disinheritance by
the decedent of his eldest son, GERALD, and nothing else; that all
other compulsory heirs were not named nor instituted as heir,
devisee or legatee, hence there was preterition which would result to
intestacy. Private respondents maintained that while procedurally
the court is called upon to rule only on the extrinsic validity of the
will, it is not barred from delving into the intrinsic validity, and
ordering the dismissal of the petition for probate when on the face of
the will it is clear that it contains no testamentary disposition of the
property of the decedent.
Petitioners filed their opposition to the motion to dismiss contending
that: (1) generally, the authority of the probate court is limited only
to a determination of the extrinsic validity of the will;
(2) private respondents question the intrinsic and not the extrinsic
validity of the will;
(3) disinheritance constitutes a disposition of the estate of a
decedent; and
(4) the rule on preterition did not apply because Kim Chees will did
not constitute a universal heir or heirs to the exclusion of one or
more compulsory heirs.
Whether the document executed by KIM CHEE can be considered as
holographic will? Explain fully.
ANSWER:
The document executed by KIM CHEE is a holographic will.

CIVIL LAW REVIEW 1 FINAL EXAM

LJC Notes

A holographic will, as provided under Article 810 of the Civil Code, must be
entirely written, dated, and signed by the hand of the testator himself. It is
subject to no other form, and may be made in or out of the Philippines, and
need not be witnessed.
Kim Chees document, although it may initially come across as a mere
disinheritance instrument, conforms to the formalities of a holographic will
prescribed by law. It is written, dated and signed by the hand of Kim Chee
herself. An intent to dispose mortis causa can be clearly deduced from the
terms of the instrument, and while it does not make an affirmative disposition
of the latters property, the disinheritance of Gerald, nonetheless, is an act of
disposition in itself. In other words, the disinheritance results in the disposition
of the property of the testator in favor of those who would succeed in the
absence of Gerald.
Moreover, it is a fundamental principle that the intent or the will of the
testator, expressed in the form and within the limits prescribed by law, must
be recognized as the supreme law in succession. All rules of construction are
designed to ascertain and give effect to that intention. It is only when the
intention of the testator is contrary to law, morals, or public policy that it
cannot be given effect.
Holographic wills, therefore, being usually prepared by one who is not learned
in the law, as illustrated in the present case, should be construed more
liberally than the ones drawn by an expert, taking into account the
circumstances surrounding the execution of the instrument and the intention
of the testator. In this regard, the Court is convinced that the document, even
if captioned as Kasulatan ng Pag-Aalis ng Mana, was intended by Segundo to
be his last testamentary act and was executed by him in accordance with law
in the form of a holographic will. Unless the will is probated, the disinheritance
cannot be given effect. (Seangio vs. Sandoval-Gutierez, et.al, 2006)
5. What are the requisites for a valid marriage settlement? (5 pts)
ANSWER:
REQUISITES FOR THE ENFORCEABILITY OF MARRIAGE SETTLMENTS
1. must be made before the celebration of the marriage;
2. it shall be in writing ;
3. must be signed by the parties;
4. it shall not prejudice third persons unless:
> it is registered in the local civil registry where the marriage contract is
recorded as well as in the proper registries of property
6. In the case of Rosendo Herrera vs. Alba, June 15, 2005 the SC ruled
that trial courts should require at least 99.9 % as the minimum value
of the DNA TEST RESULT on probability of paternity, prior to a
paternity inclusion. This rebuttable presumption of paternity is
subject to the VALLEJO TEST. What is the Vallejo Test? Explain FULLY.
(10 pts)
ANSWER:

CIVIL LAW REVIEW 1 FINAL EXAM

LJC Notes

(UST NOTES 2013; remedial law)

What is the Vallejo Standard?
In assessing the probative value of DNA evidence, therefore, courts should
consider, among other things, the following data:
a. how the samples were collected,
b. how they were handled,
c. the possibility of contamination of samples,
d. the procedure followed in analyzing the samples,
e. whether the proper standards and procedures were followed in conducting
the tests, and
f. the qualification of the analyst who conducted the tests. (People vs.
Vallejo, GR No. 144656, May 9, 2002)

7. Polo, a wealthy bachelor, filed a petition for the adoption of KC,

foundling who had a severe kidney 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
petitioners death. (2009 BQ)
a. What is a foundling? (5 pts)
- (e) Foundling refers to a deserted or abandoned infant or child whose
parents, guardian or relatives are unknown; or a child committed to an
orphanage or charitable or similar institution with unknown facts of birth and
parentage and registered in the Civil Register as a foundling. (RA 8552)
SEC. 9. Adoption of a foundling, an abandoned, dependent or
neglected child. In case the adoptee is a foundling, an abandoned,
dependent or neglected child, the petition shall allege:
(a) The facts showing that the child is a foundling, abandoned, dependent or
neglected;
(b) The names of the parents, if known, and their residence.If the child has
no known or living parents, then the name and residence of the guardian, if
any;
(c) The name of the duly licensed child-placement agency or individual under
whose care the child is in custody; and
(d) That the Department, child-placement or child-caring agency is
authorized to give its consent.
b. Should the case be dismissed? Explain. (10 pts)
ANSWER:

CIVIL LAW REVIEW 1 FINAL EXAM

LJC Notes

It depends on the stage of the proceedings when Polo died. If he died after all
the requirements under the law have been complied with and the case is
already submitted for resolution, the court may grant the petition and issue a
decree of adoption despite the death of the adopter. (Section 13, RA 8552).
Otherwise, the death of the petitioner shall have the effect of terminating the
proceedings.
8. Heraclio died without a will, leaving only an undeveloped and
untitled lot. He is survived by his wife and 4 children. His wife told
the children that she is waiving her share in the property, and
allowed Bong, the eldest son who was about to get married, to
construct his house on of the lot, without however obtaining the
consent of his siblings. After settlement of Heraclios estate and
partition among the heirs, it was discovered that Bong's house was
constructed on the portion allocated to his sister, Cathy asked Bong
to demolish his house and vacate the portion alloted to her. In leiu of
demolition, Bobby offered to purchase from Cathy the lot portion on
which his house was constructed. At that time, the house
constructed was valued at P350.000. (2008 BQ)
A.

Can Cathy lawfully ask for demolition of Bobby's

house? Explain fully.(10%)

ANSWER:
Article 448 of the New Civil Code is applicable by analogy.
Pursuant thereto, Cathy is given two options: (1) to appropriate the
house the Bong built, upon payment of indemnity; or (2) to comple
Bong to buy the land, considering that its value is not considerably
higher than the value of the house. At this state she is not given the
option to demand demolition of the house. However, if she has chosen
to sell the land to Bong and the latter does not or cannot buy the land,
she can demand the demolition of the house.
(10%)

B. Can Bong legally insist on purchasing the land? Explain fully

ANSWER:
No, Bong cannot legally insist on purchasing the land. The rules
on building, planting and sowing are not applicable to co-ownership.
The rules applicable to co-ownership are acts of alteration or acts of
ownership on one hand and acts of mere administration on the other.
Even if it were applicable, Bong acted in bad faith and hence,
demolition is one of the three options open to an owner. It is the owner
of the land, not the builder, planter or sower who has the options, even
if both acted in bad faith or good faith.

9. Spouses Bernabe and Gwen begot two offsprings. Albeit they had
serious personality differences, the spouses continued to live under
one roof. Bernabe begot a son by another woman. Gwen also begot a
daughter by another man. (2010 BQ)

CIVIL LAW REVIEW 1 FINAL EXAM

LJC Notes

A.) If Gwen gives the surname of Bernabe to her daughter by

another man, what can Bernabe do to protect their
legitimate children's interests? Explain. (5%)
ANSWER:
Bernabe can impugn the status of Gwens daughter by another
man as his legitimate daughter on the ground that for biological reason
he could not have been the father of the child, the fact that may be
proven by the DNA test. Having been born during the marriage
between Bernabe and Gwen. Gwens daughter by another man is
presumed as the child of Bernabe under Article 164 of the Family Code.
In the same action, Bernabe can pray for the correction of the status of
the said daughter in her record of birth.
(5%)

B.) What is the filiation of the child of Gwen with another man?
ANSWER:
If Bernabe acquiesces and does not file the action to impugn
the legitimacy of the child within the prescriptive period for doing so in
Article 170 of the Family Code, Gwens daughter by another man shall
be conclusively presumed as the legitimate daughter of Bernabe by
Gwen.

10.George entered into an agreement with Marj for her to carry in her
womb his baby via in vitro fertilization. George shouldered all the
pre-natal expenses as well as those attendant to her delivery. George
would thereafter pay Majorette P2 million and, in return, she would
give custody of the baby to him. After Marj gave birth and delivered
the baby to George following her receipt of P2 million, she engages
your services as her lawyer to regain custody of the baby. (2010 BQ)
A. What legal action can you file on behalf of Majorette? Explain
fully. (10 %)
ANSWER:
As her lawyer, I can file a petition for habeas corpus on behalf of Marj
to recover custody of her child. Since she is the mother of the child that
was born out of wedlock, she has exclusive parental authority and custody
over the child. George, therefore, has no right to have custody of the child
and his refusal to give up custody will constitute illegal detention for which
habeas corpus is the proper remedy.
ANOTHER ANSWER:
The action to regain custody will not prosper. In the first place Marj can
not regain custody of the baby. As surrogate mother she merely carries the
child in her womb for its development. The child is the child of the natural
parents George and his partner. The agreement between George and
Marj is a valid agreement.

CIVIL LAW REVIEW 1 FINAL EXAM

LJC Notes

B. Is the child entitled to support and inheritance from George?

Explain. (5%)
ANSWER:
If George voluntarily recognized the child as his illegitimate child in
accordance with Article 172 of the Family Code, the child is entitled to
support and inheritance from George.
Another Answer:
Yes, because George is the natural and biological parent of the baby.