CIVIL LAW REVIEW 1

2013 MIDTERMS

1. Ana married Pablo in civil rites before the Governor of the Mt. Province on
January 4, 2013. They obtained a marriage license last December 2012. On July
15, 2013, they were informed their 20-year old who just enrolled at the San Beda
College of Law that a Governor has no authority to solemnize a valid marriage.
Alarmed that their marriage is void from the beginning, they married again on
August 5, 2013 in a church ceremony solemnized by their favorite Roman
Catholic Bishop, without applying in another license. Pablo was a priest while
Ana was a nun serving in the diocese but they were living together as husband
and wife since their sons 14th birthday. Is the marriage valid?

2. Ms. A fell in love with Atty. X her professor in Constitutional Law 1. She
dreams every right hugging Atty. X like her favorite teddy bear when she was
only 6 years old. Although Ms. A is beautiful and sexy, Atty. X managed to
keep his distance because he does not want his grades to be influenced by any
personal consideration. One night during the Bar operations moth. Atty. X was
drunk at the Diamond Hotel. Ms A volunteered to assist Atty. X to his room
which the latter truly appreciated. Along the corridor, they started a filthy, wild and
sexually-oriented dialogue, which led to an agreement to have wild sex in the
room of Atty. X. Ms. A took a quick shower but was disappointed when she got
out of the bathroom to find Atty. X snoring like a pig. Realizing that nothing
exciting is bound to happen, Ms A left the room. The next morning, Ms. A was
shocked to find out a post on Facebook with her picture leaving the room of Atty.
X captioned. Bagong Ligo sa kwarto ni Sir What legal action may Ms. A take,
if
any?
3. Filipina X got married to Z, a German citizen. Because of irreconcilable views,
X filed a petition for divorce in Germany, which was not objected to by the
husband. After the finality of the decree of divorse issued by the German Court,
X came back to the Philippines to start life aew. She found a new love in the
person of Pablo and they started living together as husband and wife without
benefit of marriage. After 6 years of exclusively living together, they got married
got without obtaining a marriage license. Upon learning that X got married, Z
travelled to the Philippines and filed a complaint for adultery against X. Will the
action of Z prosper? Is the subsequent marriage of X valid?

4. Alex died without a will, leaving only an undeveloped and untitled lot in Taguig
City. 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 Bobby, 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 Alexs estate and
partition among the heirs, it was discovered that Bobbys house was constructed
on the partition allocated to his sister, Cathy. Cathy asked Bobby to demolish his
house and vacate the portion allotted to her. In lieu of demolition, Bobby offered
to purchase from Cathy the lot portion on which his house was constructed. At
that time, the house was valued at Php 300,000 while the portion of the lot on
which the house was constructed was valued at Php 350,000. Can Cathy lawfully
ask for demolition of Bobbys house? Can Bobby legally insist on purchasing the
land?
5. The will of Mr. X contains the following valid and legal institution. I institute my
son A and my friends F1 and F2 as my sole heirs to my entire estate, A to
receive 1/3. F1 to receive and F2 a) if the heirs were designated reciprocal
substitutes of each other, how will you distribute the net estate of Php 1,000,000
if A predeceased X b) If instead of the share of A, it was the share of F1
that was vacated because of incapacity to inherit, how will you distribute the net
estate of Php 3,000,000?
/YDIA.ALLAN