Do Not Repeat The Questions. Format Properly. You Cheat, You Lose. You Do Not Follow Instructions, You Fail

LPU - Civil Law Review 1
Final Examinations
3 hours.
No extension of time.
DO NOT REPEAT THE QUESTIONS.

FORMAT PROPERLY.
You cheat, you lose.
You do not follow instructions, you fail.
2020-2021
GOOD LUCK!
1. In 1985, Alvin and Kimberley, both Filipino citizens, were married in the Philippines. In 1987, they
separated, and Alvin 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 Alvin, Kimberley married Tirso, by whom she had a daughter, Verna. In
1991, Alvin visited the Philippines where he succumbed to heart attack.
a) Discuss the effect of the divorce obtained by Alvin and Kimberley in Canada.
b) Explain the status of the marriage between Alvin and Auring.
c) Explain the status of the marriage between Kimberley and Tirso.
d) Explain the respective filiation of James, John, and Verna.
2. Joanne married James, a person with no known relatives. Through James' hard work, he and his
wife Joanne prospered. When James died, his estate alone amounted to P100 million. If, in his will,
James designates Joanne as his only heir, what will be the free portion of his estate.
3. The testator executed a will following the formalities required by the law on succession without
designating any heir. The only testamentary disposition in the will is the recognition of the testator's
illegitimate child with a popular actress. Is the will valid?
4. In 1999, Angelina and Brad were madly in love. In 2000, because a certain Picasso painting
reminded Brad of her, Angelina acquired it and placed it in his bedroom. In 2002, Brad and
Angelina broke up. While Brad was mending his broken heart, he met Jenny and fell in love.
Because the Picasso painting reminded Jenny of him, Brad in his will bequeathed the painting to
Jenny. Brad died in 2010. Saddened by Brad's death, Angelina asked for the Picasso painting as a
remembrance of him. Jenny refused and claimed that Brad, in his will, bequeathed the painting to
her. Is Jenny correct? Why or why not?
1
5. Mina and Joseph were known philanthropists before Cynchie came into their lives. Mina and
Joseph had made a sizable donation to Cherrie, the daughter of Mina’s sister, when she was about to
move to the US. When her marriage later failed, Cherrie returned to Manila and lived with Mina and
Joseph. Cynchie on the other hand, left the Philippines to marry an American citizen. In one
television interview, Cherrie accused Cynchie of abandoning her parents and her country in
exchange for a better life in the US. Can Mina (After Joseph had died), revoke the donation
previously made, on account of:
a. The adoption of Cynchie? If yes, what is the period for revoking the donation based on
this ground?
b. Cherrie’s public accusation against Cynchie? If yes, what is the period of revoking the
donation based on this ground?
c. Armando left Barbara, his wife, in the Philippines to work in Egypt but died in that
country after a year’s continuous stay. Two months after Armando’s death, Barbara gave
birth to a child, claiming it is Armando’s child. Who can assail the legitimacy of the child?
6. For purpose of this question, assume all formalities and procedural requirements have been
complied with.
In 1987, Ramon and Dessa got married. Prior to their marriage, Ramon had a child, Anna. In 1991
and 1992, Ramon and Dessa legally adopted Cherry and Michelle respectively. In 1995, Dessa died
while giving birth to Larry. Anna had a child, Lia. Anna never married. Cherry, on the other hand,
legally adopted Shelly. Larry had twins, Hans and Gretel, with his girlfriend, Fiona. In 2005, Anna,
Larry and Cherry died in a car accident. In 2007, Ramon died. Who may inherit from Ramon and
who may not? Give your reason briefly.
7. Facts:
Donald and Ivanka got married in Marawi City in the early 70’s. He was a new lawyer and
active in local politics. Ivanka is an American citizen and kept her citizenship until now,
although she lived in the Philippines during the entire time that they were married.
The couple had 3 children: Donald Jr., Suzy, and Terence who are now fully grown with
families of their own.
Despite their racial differences, the marriage lasted about two decades. Around 1995, Ivanka
returned to the US, and instituted divorce proceedings there. The petition for divorce stated
that the reason for the divorce is “irreconcilable differences”, and that the couple had no
community properties. The divorce was granted and allowed both parties to remarry.
Donald remained unattached for about 5 years until he met a US- trained Filipino nurse
called Winnie. They decided to live together and, out of this union, they had a daughter
2
named Patty. Winnie was never married before and remained with Donald. They remain
unmarried, although they have lived together exclusively for more than 20 years.
Today, Donald is an important person in the country, and has declared assets of Php 40
million. There is no indication when these assets were acquired, but would have been
accumulated over the years from his earnings as a government official. Winnie has no known
income.
Ivanka claims that she is still Donald’s legal wife since the Philippines does not recognize
divorce, and that she is entitled to half of Donald’s declared assets as the legal spouse. She
also filed a criminal action for concubinage against Donald and Winnie.
Questions. Explain your answers fully:
a. What regime of property relationship governed the marriage of Donald and Ivanka?
b. Will the divorce obtained in the US by Ivanka be recognized in the Philippines? Would it
produce any legal effect here?
c. Is Ivanka correct in saying that as the legal spouse, she is entitled to half of Donald’s assets
her share in the property regime?
d. Will the action for concubinage prosper?
e. If while the criminal action is pending, Donald institutes a civil action for declaration of
nullity of his marriage to Ivanka based on the latter’s psychology incapacity, can he
successfully raise the issue of nullity of their marriage as a prejudicial question in the criminal
action for concubinage?
f. What is the property relationship governing the union of Donald and Winnie?
g. Does Winnie have a better right to half of Donald’s assets once the union ends?
h. Can Donald and Winnie validly marry without a marriage license?
i. Assuming that Donald and Winnie do validly get married, can Patty be legitimated?
j. Would Donald Jr., Suzy, and Terence have the legal personality to impugn Patty’s
legitimation? On what grounds?
k. May Patty use Donald’s surname even before his parents were married? What process/es
would be legally required for her to be able to do this?
l. Would Donald Jr., Suzy and Terence’s action to collect their presumptive legitime prosper?
***NOTHING FOLLOWS***

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DO NOT REPEAT THE QUESTIONS.

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