1.

While in Afghanistan, a Japanese by the name of

Sato sold to Ramoncito, a Filipino, a parcel of land
situated in the Philippines which Sato inherited from his
Filipino
mother.
a.) What law governs the formality in the execution of
the contract of sale? Explain your answer and give its
legal
basis.
b.) What law governs the capacity of the Japanese to
sell the land? Explain your answer and give its legal
basis.
c.) What law governs the capacity of the Filipino to buy
the land? Explain your answer and give its legal basis.
2. Yvette was found to be positive for HIV virus,
considered sexually transmissible. Her boyfriend,
Joseph was aware of her condition and yet married her.
After two (2) years of cohabiting with Yvette, and in his
belief that she would probably never be able to bear
him a healthy child, Joseph now wants to have his
marriage with Yvette annulled. Yvette opposes the suit
contending that Joseph is estopped from seeking
annulment of their marriage since he knew even before
their marriage that she was afflicted with HIV virus.
Can the action of Joseph for annulment of his marriage
with
Yvette
prosper?
Discuss
fully.
3. Isidro and Irma, Filipinos, both 18 years of age, were
passengers of Flight No. 317 of Oriental Airlines. The
plane they boarded was of Philippine registry. While en
route from Manila to Greece, some passengers hijacked
the plane, held the chief pilot hostage at the cockpit
and ordered him to fly instead to Libya. During the
hijacking, Isidro suffered a heart attack and was on the
verge of death. Since Irma was already 8 months
pregnant by Isidro, she pleaded the hijackers to allow
the assistant pilot to solemnize her marriage with
Isidro. Soon after the marriage, Isidro expired. As the
plane landed in Libya, Irma gave birth. However, the
baby died a few minutes after complete delivery.
Back in the Philippines, Irma immediately filed a claim
for inheritance. The parents of Isidro opposed her claim
contending that the marriage between her and Isidro
was void ab initio on the following grounds: (a) they
had not given their consent to the marriage of their
son; (b) there was no marriage license; (c) the
solemnizing officer had no authority to perform the
marriage; and (d) the solemnizing officer did not file an
affidavit of marriage with the proper civil registrar.
Resolve each of the contentions (a to d) raised by
the parents
of
Isidro. Discuss
fully.
4. Ana Rivera had a husband, a Filipino citizen like her,
who was among the passengers on board a commercial
jet plane which crashed in the Atlantic Ocean ten (10)
years earlier and had never been heard of ever since.
Believing that her husband had died, Ana married Adolf
Cruz Staedtler, a divorced German national born of a
German father and a Filipino mother residing in

Stuttgart. To avoid being required to submit the

required certificate of capacity to marry from the
German Embassy in Manila, Adolf stated in the
application for marriage license that he was a Filipino
citizen. With the marriage license stating that Adolf
was a Filipino, the couple got married in a ceremony
officiated by the Parish Priest of Calamba, Laguna
in a beach in Nasugbu, Batangas, as the local parish
priest refused to solemnize marriages except in his
church. Is the marriage valid? Explain fully. (Bar
Question)
5. At age 18, Marian found out that she was pregnant.
She insured her own life and named her unborn child
as her sole beneficiary. When she was already due to
give birth, she and her boyfriend Pietro, the father of
her unborn child, were kidnapped in a resort in Bataan
where they were vacationing. The military gave chase
and after one week, they were found in an abandoned
hut in Cavite. Marian and Pietro were hacked with
bolos. Marian and the baby delivered were both found
dead, with the baby's umbilical cord already cut. Pietro
survived.
a.) Can Marian's baby be the beneficiary of the
insurance taken of the life of the mother?
b.) Between Marian and the baby, who is presumed to
have
died
first?
c.) Will Pietro, as surviving biological father of the baby,
be entitled to claim the proceeds of the life insurance
on
the
life
of
Marian?
(Bar
Question)
6. Roderick and Faye were high school sweethearts.
When Roderick was 18 and Faye, 16 years old, they
started to live together as husband and wife without
the benefit of marriage. When Faye reached 18 years
of age, her parents forcibly took her back and arranged
for her marriage to Brad. Although Faye lived with Brad
after the marriage, Roderick continued to regularly visit
Faye while Brad was away at work. During their
marriage, Faye gave birth to a baby girl, Laica. When
Faye was 25 years old, Brad discovered her continued
liaison with Roderick and in one of their heated
arguments, Faye shot Brad to death. She lost no time
in marrying her true love Roderick, without a marriage
license, claiming that they have been continuously
cohabiting
for
more
than
5
years.
a.) Was the marriage of Roderick and Faye valid?
b.)
What
is
the
filiation
status
of
Laica?
c.) Can Laica bring an action to impugn her own status
on the ground that based on DNA results, Roderick is
her
biological
father?
d.) Can Laica e legitimated by the marriage of her
biological
parents?
(Bar
Question)
7. Gianna was born to Andy and Aimee, who at the
time of Gianna's birth were not married to each other.
While Andy was single at the time, Aimee was still in
the process of securing a judicial declaration of nullity
on her marriage to her ex-husband. Gianna's birth
certificate, which was signed by both Andy and Aimee,

registered the status of Gianna as "legitimate," her

surname carrying that of Andy's and that her parents
were
married
to
each
other.
a.) Can a judicial action for correction of entries in
Gianna's birth certificate be successfully maintained to:
i.) Change her status from legitimate to illegitimate;
and
ii.) Change her surname from that of Andy's to AImee's
maiden surname?
b.) Instead of a judicial action, can administrative
proceedings be brought for the purpose of making the
above
corrections?
c.) Assuming that Aimee is successful in declaring her
former
marriage void,
and
Andy
and
Aimee
subsequently married each other, would Gianna be
legitimated?
(Bar
Question)
8. Despite several relationships with different women,
Andrew remained unmarried. His first relationship with
Brenda produced a daughter, Amy, now 30 years old.
His second, with Carla, produced two sons: Jon and
Ryan. His third, with Donna, bore him no children
although Elena has a daughter Jane, from a previous
relationship. His last, with Fe, produced no biological
children but they informally adopted without court
proceedings. Sandy's now 13 years old, whom they
consider as their own. Sandy was orphaned as a baby
and was entrusted to them by the midwife who
attended to Sandy's birth. All the children, including
Amy, now live with Andrew in his house.
a.) Is there any legal obstacle to the legal adoption of
Amy by Andrew? To the legal adoption of Sandy by
Andrew
and
Elena?
b.) In his old age, can Andrew be legally entitled to
claim support from Amy, Jon, Ryan, Vina, Wilma, and
Sandy assuming that all of them have the means to
support
him?
c.) Can Amy, Jon, Ryan, Vina, WIlma, and Sandy legally
claim
support
from
each
other?
d.) Can Jon and Jane legally marry? (Bar Question)
9. 26-year-old Gav Mas Hermin Ghuckles is the
Crowned Prince of the Kingdom of Antartiqua, a smallisland country located near Antartica. Civil war broke
out in the Kingdom. Gav Mas Hermin Ghuckles and the
rest of the Royal Family went into exile in Manila early
this year. During his exile, Gav Mas Hermin Ghuckles
met Gigi, a 21-year-old Filipina nursing student residing
in Manila. They fell in love instantly and decided to get
married. Both of them went to the local civil registrar to
apply
for
a
marriage
license.
a.) Can Gav Mas Hermin Ghuckles and Gigi file the
required sworn application for a marriage license
jointly?
b.) What document does Gav Mas Hermin Ghuckles
need to present to the local civil registrar in order for

the latter to issue him a marriage license?

c.) During the course of civil war, the rebel forces
dropped a nuclear bomb on Antartiqua which sunk the
entire island-country and killed all of the inhabitants
therein. Now without a country, does Gav Mas Hermin
Ghuckles still have to obtain the required marriage
license?
(2008
SBC
Pre-Week
reviewer)
10. Siblings Geo, Gino, and Gelo were completely
orphaned ten years ago when both their parents died
in plane crash. At that time, Geo was thirteen, Gino
was eleven, and Gelo was only six years old. Now 23
years old, Geo wants to marry her boyfriend Ivan. Geo
and Gino agreed that they would sell the home that
their parents left them to use some of the proceeds for
Geo's wedding celebration and the rest of the proceeds
to pay the rentals in the apartment unit where Gino
and Gelo were going to move. Geo and Gino also
agreed that Gelo will stay with Gino until he graduates
from high school. May Geo and Gino validly sell the
house their parents left them?