Persons & Family Relations

The Family – End1

Part One
Modified True or False.Consider the statement true only when it is absolutely true.
Explain ALL your answers.

Part Two
Choose the best answer.

Part Three
Give direct and concise but complete answers.
Cite authorities, if any.

1. Janice and Jennifer are sisters. Janice sued Jennifer and Laura, Jennifer’s business
partner for recovery of property with damages. The complaint did not allege that
Janice exerted earnest efforts to come to a compromise with the defendants and that
such efforts failed. The judge dismissed the complaint outright for failure to comply
with a condition precedent. Is the dismissal in order?

Art. 150, applies. So the action should be dismissed.

3. In Gayon v. Gayon, was Art. 151 applied? Nope. Simply because the Family
Code wasn’t in effect at that time. In Gayon what was alleged by the sister-in-law in
that

In Hontiveros v. RTC, was Art. 151 applied? – HUH WHERE IS THIS CASE?

5. In Salazar v. Felias & other Heirs of Catalino Nivera, was the issuance of the writ of
execution against the subject property proper, considering that petitioner claimed that
what was sought to be demolished is her family home which is exempt from execution?

It was proper. It was not proven by Salazar in that case that it was indeed a family home.
A family home is a real right that applies once such is constituted. Mere claim without
sufficient evidence is not enough.
7. Spouses A and B leased a piece of land belonging to B's parents for 25 years. The
spouses built their house on it worth P300,000.00. Subsequently, in a case that C filed
against A and B, the court found the latter liable to C for P200,000.00. When the sheriff
was attaching their house for the satisfaction of the judgment, A and B claimed that it
was exempt from execution, being a family home. Is this claim correct?

Depends. Art. 155 provides for exemptions of a family home of attachment namely: debts
incurred prior to the constitution of the family home. If the debt was incurred prior to the
constitution of the family home then it could be subject to attachment.

9. After finding out that his girlfriend Sandy was four months pregnant, Sancho married
Sandy. Both were single and had never been in any serious relationship in the past. Prior
to the marriage, they agreed in a marriage settlement that the regime of conjugal
partnership of gains shall govern their property relations during marriage. Shortly after
the marriage, their daughter, Shalimar, was born.

Before they met and got married, Sancho purchased a parcel of land on installment, under
a Contract of Sale, with the full purchase price payable in equal annual amortizations
over a period of ten (10) years, with no down payment, and secured by a mortgage on the
land. The full purchase price was PhP 1million, with interest at the rate of 6% per
annum. After paying the fourth (4th) annual installment, Sancho and Sandy got married,
and Sancho completed the payments in the subsequent years from his salary as an
accountant. The previous payments were also paid out of his salary. During their
marriage, Sandy also won PhP1million in the lottery and used it to purchase jewelry.
When things didn’t work out for the couple, they filed an action for declaration of nullity
of their marriage based on the psychological incapacity of both of them. When the
petition was granted, the parcel of land and the jewelry bought by Sandy were found to
be the only properties of the couple.

(a) What is the filiation status of Shalimar? – Legitmate. Art. 164 applies,
notwithstanding the subsequent nullity under Art. 36, because of Art. 54.

11. Two (2) months after the death of her husband who was shot by unknown criminal
elements on his way home from office, Rose married her childhood boyfriend, and seven (7)
months after said marriage, she delivered a baby. In the absence of any evidence from Rose as to
who is her child’s father, what status does the law give to said child? Explain.

Legitimate, and to be more precise the legitimate child of Rose and her husband. Art. 164
in relation to Art.168 par. 1 squarely applies in this case. Art. 168 par. 1 applies
because: First, A’s marriage was contracted within 300 days of the termination of a
previous marriage. There was no evidence to the contrary. The child was born before
180 days after the solemnization of SM (here the only 5 months or 150 days have elapsed
 from the SM and the birth of the child). The child was born within 300 days from the
termination of the PM (the child was born within 9 mos. from the termination)

13. In 1985, Sonny and Lulu, both Filipino citizens, were married in the Philippines. In
1987, they separated, and Sonny went to Canada, where he obtained a divorce in the
same year. He then married another Filipina, Auring, in Canada on January 1, 1988.
They had two sons, James and John. In 1990, after failing to hear from Sonny, Lulu
married Tirso, by whom she had a daughter, Verna. In 1991, Sonny visited the
Philippines where he succumbed to heart attack.

Explain the respective filiation of James, John and Verna.

All illegitimate as all are conceived and born outside of a valid marriage. The marriage
of Sonny and Auring was void since Sonny was still a Filipino when he secured a
divorce. Art. 15 of the Civil Code applies in relation to Art. 35 of the Civil Code.
Therefore Art. 165 applies. Same goes for Verna, Lulu and Tirso’s marriage is void
under Art. 35 of the Family Code, for being bigamous

15. Julie had a relationship with a married man who had legitimate children. A son was born
out of that illicit relationship in 1981. Although the putative father did not recognize the
child in his certificate of birth, he nevertheless provided the child with all the support he
needed and spent time regularly with the child and his mother. When the man died in
2000, the child was already 18 years old so he filed a petition to be recognized as an
illegitimate child of the putative father and sought to be given a share in his putative
father’s estate.

The legitimate family opposed, saying that under the Family Code his action cannot
prosper because he did not bring the action for recognition during the lifetime of his
putative father.

a.) If you were the judge in this case, how would you rule? (4%)

I will decided in favor of illegitimate status of the child. Art. 165 still applies being
that the child was conceived and born outside of a valid marriage. However it should
be noted that the heirs of the father mistakenly ascribe the prescription period of Art.
171, but that article relates to the impugnation of the father and the heirs of the
filiation.
 b.) Wishing to keep the peace, the child during the pendency of the case decides to
compromise with his putative father’s family by abandoning his petition in exchange
for ½ of what he would have received as inheritance if he were recognized as an
illegitimate child. As the judge, would you approve such a compromise? –

No. The law on succession does not allow an illegitimate to received less than what is
his legitime as prescribed in the law. He is entitled to ½ of whatever legitime the
legitimate children receives. No more no less.

17. RN and DM, without any impediment to marry each other had been living together
without benefit of church blessings. Their common-law union resulted in the birth of
ZMN. Two years later, they got married in a civil ceremony. Could ZMN be
legitimated? Reason.

Yes. Art. 177 of the Family Code applies.

19. A German couple filed a petition for adoption of a minor Filipino child with the Regional
Trial Court of Makati under the provisions of the Child and Youth Welfare Code which
allowed aliens to adopt. Before the petition could be heard, the Family Code, which
repealed the Child and Youth Welfare Code, came into effect. Consequently, the
Solicitor General filed a motion to dismiss the petition, on the ground that the Family
Code prohibits aliens from adopting. If you were the judge, how will you rule on the
motion?

I would have to decide in favor of Sol Gen and dismiss the case, indeed aliens are
precluded to adopt prior to the effectivity of Inter-country adoption act, this is evident
under Art. 184 of the Family Code and in the case of Republic v. CA & Hughes.

21. Hans Herber, a German national, and his Filipino wife, Rhoda, are permanent residents of
Canada. They desire so much to adopt Magno, an 8-year old orphaned boy and a
baptismal godson of Rhoda. Since the accidental death of Magno’s parents in 2004, he
has been staying with his aunt who, however, could hardly afford to feed her own family.
Unfortunately, Hans and Rhoda cannot come to the Philippines to adopt Magno although
they possess all the qualifications as adoptive parents.

Is there a possibility for them to adopt Magno? How should the go about it?
 There is a possibility to adopt Magno through the inter-country adoption act. However,
Magno must first be declared as a “legally free” child under R.A. 8043. They must
satisfy the qualifications under R.A. 8043 to adopt, and submit the appropriate
documents along with their application to the ICAB.

23. Rafael, a wealthy bachelor, filed a petition for the adoption of Dolly, a one-year old
foundling who had a severe heart 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 petitioner’s death.

[a] Should the case be dismissed? Explain. (2%) – The case should be dismissed, one
of the most crucial steps in domestic adoption is the supervised trial custody; under
Section 12 of the R.A. 8552 no petition for adoption shall be granted without this
supervised trial custody. In the facts given, Rafael already expired during the pendency
of the adoption proceedings, thus rendering no possibility for this trial custody period to
commence.

[b] Will your answer be the same if it was Dolly who died during the pendency f the
adoption proceedings? – Same. The case should be dismissed, one of the most crucial
steps in domestic adoption is the supervised trial custody; under Section 12 of the R.A.
8552 no petition for adoption shall be granted without this supervised trial custody.