Midterm Exam Civil
Midterm Exam Civil
Midterm Exam Civil
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Art. 40. Birth determines personality; but the conceived child shall be
considered born for all purposes that are favorable to it, provided it be
born later with the conditions specified in the following article.
12. When is a fetus considered born?
a. Art. 41. For civil purposes, the fetus is considered born if it is alive at the
time it is completely delivered from the mother's womb. However, if the
fetus had an intra-uterine life of less than seven months, it is not deemed
born if it dies within twenty-four hours after its complete delivery from the
maternal womb.
13. What governs juridical persons?
17. XXX is the owner of a boarding house with several rooms offered fully furnished on
a monthly basis. AAA leased one of the rooms for P2100 including the light and
water. Due to AAAs financial distress he failed to pay the monthly rentals for 2
months. Despite several demands AAA failed to pay the accrued rentals. XXX cut
off the light connection to the room of AAA, the latter failed to study for his review
and failed the Medical Board examination. AAA sued XXX for damages. As a
defense XXX countered that it was his right as the owner of the leased property to
disconnect electrical services due to AAAs failure to pay the monthly rentals
despite repeated demands. Is XXX liable for damages? Explain. (Art 30 NCC)
14. Winona, a French National was married to Ralph, a Filipino. The couple resided in
Manila. Winona owned 3 parcels of industrial real properties in Denmark, which
country did not allow real property to be subject of testamentary succession. In
2005 Winona died without leaving a will. Ralph being a compulsory heir of Winona
as allowed in the Philippines filed his claim against the said industrial real
properties. Will the action of Ralph prosper? (lex loci celebrationis)
15. Eduardo an Irish national was married to Minchi a Filipino with a residence in
Kenya. Eduardo owned shares of stocks in several corporatons based in France
amounting to 10M Euros. Said shares of stock were acquired by Eduardo during
his marriage to Minchi. In 2005 Eduardo died intestate in France. In Ireland the
surviving spouse is not a compulsory heir of the deceased spouse and cannot
inherit from the latter unless by will, provided the property of the descendents are
found in Ireland. Can Marichu inherit the shares of her deceased husband
Eduardo.
16. Before he died in Manila, Bobby an Italian citizen executed a notarial will as
required by law and was duly attested by wintesses Rey, Marco and Ellen. Rey
failed to appear at the signing of the will and his name was left unsigned. Bobby
died in 2010. In Italy a notarial will is valid even if there is no witnesses in the will.
Barbara, the wife of Bobby caused the probate of the subject will at RTC (wapak).
The sister of Bobby opposed contending that the will is not valid pursuant to the
Civil Code of the Philippines. (Art 16 NCC)
20. Without posting a ten day publication of the application for marriage license of
Farrah and Richard, the local civil registrar immediatley issued the corresponding
marriage license. Thereafter the marriage of Farrah and Richard was solemnized
before RTC judge Erpe. After three years of (strange?) marital relations Richard
found out that the marriage license was irregularly issued. Is the marriage of
Farrah and Richard valid? Explain.
21. What marriages are considered void from the beginning? (5pts)