BAR QUESTIONS

Instructions

 You would need to answer two questions. One is the mandatory question on
the next slide. For the second question to answer, you may choose for rest of
the questions
 This is an individual task. Answer on a calligraphy paper. Answers should be
handwritten
 Answers should be submitted on or before November 12 LOP class time.
 Late works will not be accepted.
MANDATORY QUESTION (2018)
 Silverio was a woman trapped in a man's body. He was born male and his birth
certificate indicated his gender as male, and his name as Silverio Stalon. When
he reached the age of 21, he had a sex reassignment surgery in Bangkok, and,
from then on, he lived as a female. On the basis of his sex reassignment, he
filed an action to have his first name changed to Shelley, and his gender, to
female. While he was following up his case with the Regional Trial Court of
Manila, he met Sharon Stan, who also filed a similar action to change her first
name to Shariff, and her gender, from female to male.

 Sharon was registered as a female upon birth. While growing up, she developed
male characteristics and was diagnosed to have congenital adrenal hyperplasia
("CAH") which is a condition where a person possesses both male and female
characteristics. At puberty, tests revealed that her ovarian structures had
greatly minimized, and she had no breast or menstrual development. Alleging
that for all intents and appearances, as well as mind and emotion, she had
become a male, she prayed that her birth certificate be corrected such that her
gender should be changed from female to male, and that her first name should
be changed from Sharon to Shariff.
Mandatory Question (2018)

 Silverio and Sharon fell in love and decided to marry. Realizing that their
marriage will be frowned upon in the Philippines, they travelled to Las Vegas,
USA where they got married based on the law of the place of celebration of
the marriage. They, however, kept their Philippine citizenship.

 (a) Is there any legal bases for the court to approve Silverio's petition for
correction of entries in his birth certificate?

 (b) Will your answer be the same in the case of Sharon's petition?

 (c) Can the marriage of Silverio (Shelley) and Sharon (Shariff) be legally
recognized as valid in the Philippines?
Question 2 (2018)

 Sidley and Sol were married with one (1) daughter, Solenn. Sedfrey and Sonia
were another couple with one son, Sonny. Sol and Sedfrey both perished in
the same plane accident. Sidley and Sonia met when the families of those
who died sued the airlines and went through grief-counseling sessions. Years
later, Sidley and Sonia got married. At that time, Solenn was four (4) years old
and Sonny was five (5) years old. These two (2) were then brought up in the
same household. Fifteen (15) years later, Solenn and Sonny developed
romantic feelings towards each other, and eventually eloped. On their own
and against their parents' wishes, they procured a marriage license and got
married in church.

 (a) Is the marriage of Solenn and Sonny valid, voidable, or void? Why?
Question 3 (2017)

 State whether the following marital unions are valid, void, or voidable, and give
the corresponding justifications for your answer:
 (a) Ador and Becky's marriage wherein Ador was afflicted with AIDS prior to the
marriage.
 (b) Carlos' marriage to Dina which took place after Dina had poisoned her previous
husband Edu in order to free herself from any impediment in order to live with
Carlos.
 (c) Eli and Fely's marriage solemnized seven years after the disappearance of
Chona, Eli's previous spouse, after the plane she had boarded crashed in the West
Philippine Sea.
 (d) David who married Lina immediately the day after obtaining a judicial decree
annulling his prior marriage to Elisa.
 (e) Marriage of Zoren and Carmina who did not secure a marriage license prior to
their wedding, but lived together as husband and wife for 10 years without any
legal impediment to marry.
Question 4 (2017)

 Leo married Lina and they begot a son. After the bitth of their child, Lina
exhibited unusual behavior and started to neglect her son; she frequently
went out with her friends and gambled in casinos. Lina later had extra-
marital affairs with several men and eventually abandoned Leo and their son.
Leo was able to talk to the psychiatrist of Lina who told him that Lina suffers
from dementia praecox, a form of psychosis where the afflicted person is
prone to commit homicidal attacks. Leo was once stabbed by Lina but
fortunately he only suffered minor injuries. Will a Petition for Declaration of
Nullity of Marriage filed with the court prosper? Explain.
Question 5 (2017)

 Kevin signed a loan agreement with ABC Bank. To secure payment, Kevin
requested his girlfriend Rosella to execute a document entitled "Continuing
Guaranty Agreement" whereby she expressly agreed to be solidarily liable for
the obligation of Kevin.
 Can ABC Bank proceed directly against Rosella upon Kevin's default even
without proceeding against Kevin first? Explain your answer.
Question 6 (2018)

 Sol Soldivino, widow, passed away, leaving two (2) legitimate children: a 25-
year old son, Santino (whom she had not spoken to for five [5] years prior to
her death since he attempted to kill her at that time), and a 20-year-old
daughter, Sara. She left an estate worth PhP8 million and a will containing
only one provision: that PhP1 million should be given to "the priest who
officiated at my wedding to my children's late father." Sara, together with
two (2) of her friends, acted as an attesting witness to the will.
 On the assumption that the will is admitted for probate and that there are no
debts, divide the estate and indicate the heirs/legatees entitled to inherit,
the amount that each of them will inherit, and where (i.e., legitime/free
portion/intestate share) their shares should be charged.