October 27, 2017

Persons and family Relations

Pre-midterm exam

Instruction:

This questionnaire contains 2 pages. All the items should be answered within 1.5 hr. Read each question
very carefully and write your answers in your Examination Notebook in the same order the questions
are posed. Write your answers only on the front of ecery sheet in your notebook. If not sufficient, then
start with the back page of the first sheet and thereafter. Note well the allotted percentage points for
each number, question of subquestion.

Answer the essay questions legibl,clearly, and concisely. Start each number on a separate page. A mere
“yes” or “no” answer without any corresponding explanation or discussion will not be given full credit.
Thus, always briefly but fully explain your answers although the question does not expressly ask an
explanation. Do not re-write or repeat the question in your Notebook.

Start here:

1. After a devastating storm causing widespread destruction in four Central Luzon provinces, the
executive and legislative branches of the government agreed to enact a special law
appropriating P1 billion for purposes of relief and rehabilitation for the provinces. In view of the
urgent nature of the legislative enactment, it is provided in its effectivity clause that it shall take
effect upon approval and after completion of publication in the Official Gazette and a
newspaper of general circulation in the Philippines. The law was passed by the Congress on July
1, 1990. signed into law by the President on July 3, 1990, and published in such newspaper of
general circulation on July 7, 1990 and in the Official Gazette on July 10, 1990.
a) As to the publication of said legislative enactment, is there sufficient observance or
compliance with the requirements for a valid publication? Explain your answer. (b) When
did the law take effect? Explain your answer. (c) Can the executive branch start releasing
and disbursing funds appropriated by the said law the day following its approval? Explain
your answer
2. jaime, who is 65, and his son, Willy, who is 25, died in a plane crash. There is no proof as to who
died first. Jaime's only surviving heir is his wife, Julia, who is also Willy's mother. Willy's surviving
heirs are his mother, Julia and his wife, Wilma. 1. In the settlement of Jaime's estate, can Wilma
successfully claim that her late husband, Willy had a hereditary share since he was much
younger than his father and, therefore, should be presumed to have survived longer? [3%] 2.
Suppose Jaime had a life insurance policy with his wife, ulia, and his son, Willy, as the
beneficiaries. Can Wilma successfully claim that one-half of the proceeds should belong to
Willy's estate? |2%J
3. Distinguish juridical capacity from capacity to act
 4. X and Y entered into a contract in Australia, whereby it was agreed that X would build a
commercial building for Y in the Philippines, and in payment for the construction, Y will transfer
and convey his cattle ranch located in the United States in favor of X. What law would govern: a)
The validity of the contract? b) The performance of the contract? c) The consideration of the
contract?
5. Francis Albert, a citizen and resident of New Jersey, U.S.A., under whose law he was still a minor,
being only 20 years of age, was hired by ABC Corporation of Manila to serve for two ears as its
chief computer programmer. But after serving for only four months, he resigned to join XYZ
Corporation, which enticed him by offering more advantageous terms. His first employer sues
him in Manila for damages arising from the breach of his contract of employment. He sets up his
minority as a defense and asks for annulment of the contract on that ground. The plaintiff
disputes this by alleging that since the contract was executed in the Philippines under whose law
the age of majority is 18 years, he was no longer a minor at the time of perfection of the
contract. 1
a. Will the suit prosper? [3%] 2

b.Suppose XYZ Corporation is impleaded as a co-defendant, what would be the basis of its
liability, if any?

6. Distinguish briefly but clearly between: Domiciliary theory and nationality theory of personal law.

7. What is renvoi doctrine?

8. marriages exempt from marriage license

9. Marriages which are void under Philippine Civil Law.

10. Roel and Hannah became couple when they met in Harvard University while studying law. They fell
in love anddecided to go back in.the phil.and settle down. Their relationship was a bliss until one day
Roel found out thatHannah is demanding, nagger and always got jealous. he doesn!t know a simple
household chores, he is the onedoing everything. "ecause of that, he fell for #uisa their housemaid. They
have a covert affair. $ne day, when #uisawas cleaning she got hold of a birth cert.stating that Hannah is
a male. Roel confronted her and admitted that she just had an operation. %n the middle of the heated
argument Roel even learned that Hannah had an affair with their driver as shown by various pictures
showing them in a compromising position. Roel approached and asked you, if he can file an adultery
case against Hannah, what will be your advice&How about the validity of their marriage, can he remarry
on the ground that Hannah is a male? Explain.