2004 CIVIL LAW BAR QUESTIONS

Persons and Family Relations

PERSONS
Waiver of Rights (2004) B. DON, an American businessman, secured parental consent for the employment of five minors to play certain roles in two movies he was producing at home in Makati. They worked at odd hours of the day and night, but always accompanied by parents or other adults. The producer paid the children talent fees at rates better than adult wages. But a social worker, DEB, reported to OSWD that these children often missed going to school. They sometimes drank wine, aside from being exposed to drugs. In some scenes, they were filmed naked or in revealing costumes. In his defense, DON contended all these were part of artistic freedom and cultural creativity. None of the parents complained, said DON. He also said they signed a contract containing a waiver of their right to file any complaint in any office or tribunal concerning the working conditions of their children acting in the movies. Is the waiver valid and binding? Why or why not? Explain. (5%)

SUGGESTED ANSWER
The waiver is not valid. Although the contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, they may not do so if such are contrary to law, morals, good customs, public order, or public policy (Article 1306, Civil Code). The parents' waiver to file a complaint concerning the working the United States where the ranch is located .

ALTERNATIVE ANSWER
(Optional Addendum: In the foregoing cases, when the foreign law would apply, the absence of proof of that foreign law would render Philippine law applicable under the "eclectic theory".) Conditions detrimental to the moral well -being of their the former is passive while the latter is active, (b) the former is inherent in a person while the latter is merely acquired, (c) the former is lost only through death while the latter may be lost through death or restricted by causes other than death, and Id) the former can exist without capacity to act while the latter cannot exist without juridical capacity. Children acting in the movies is in violation of the Family Code and Labor laws. Thus, the waiver is invalid and not binding. The Child Labor Law is a mandatory and prohibitory law and the rights of the child cannot be waived as it is contrary to law and public policy.

ADOPTION
Successional Rights of Adopted Child (2004) A Filipino couple, Mr. and Mrs. BM, Jr., decided to adopt YV, an orphan from St. Claires orphanage in New York City. They loved and treated her like a legitimate child for they have none of their very own. However, BM, Jr., died in an accident at sea, followed to the grave a year later by his sick father, BM, Sr. Each left a sizable estate consisting of bank deposits, lands and buildings in Manila. May the adopted child, YV, inherit from BM, Jr.? May she also inherit from BM, Sr.? Is there a difference? Why? Explain. (5%)

SUGGESTED ANSWER
YV can inherit from BM, Jr. The succession to the estate of BM, Jr. is governed by Philippine law because he was a Filipino when he died (Article 16, Civil Code). Under Article 1039 of the Civil Code, the capacity of the heir to succeed is governed by the national law of the decedent and not by the national law of the heir. Hence, whether or not YV can inherit from BM, Jr. is determined by Philippine law. Under Philippine law, the adopted inherits from the adopter as a legitimate child of the adopter. YV, however, cannot inherit, in his own right, from the father of the adopter, BM, Sr., because he is not a legal heir of BM,Sr. The legal fiction of adoption exists only between the adopted and the adopter. (Teotico v. Del Val 13 SCRA 406 [1965]). Neither may he inherit from BM, Sr. by representing BM, Jr. because in representation, the representative must be a legal heir not only of the person he is representing but also of the decedent from whom the represented was supposed to inherit (Article 973, Civil Code).

FAMILY CODE
Marriage; Void Marriages (2004) A.BONI and ANNE met while working overseas. They became sweethearts and got engaged to be married on New Year s Eve aboard a cruise ship in the Caribbean. They took the proper license to marry in New York City, where there is a Filipino consulate. But as planned the wedding ceremony was officiated by the captain of the Norwegian registered vessel in a private suite among selected friends. Back in Manila, Anne discovered that Boni had been married in Bacolod City 5 years earlier but divorced in Oslo only last year. His first wife was also a Filipina but now based in Sweden. Boni himself is a resident of Norway where he and Anne plan to live permanently. Anne retains your services to advise her on whether her marriage to Boni is valid under Philippine law? Is there anything else she should do under the circumstances? (5%)

SUGGESTED ANSWER
If Boni is still a Filipino citizen, his legal capacity is governed by Philippine Law (Art. 15 Civil Code). Under Philippine Law, his marriage to Anne is void because of a prior existing marriage which was not dissolved by the divorce decreed in Oslo. Divorce obtained abroad by a Filipino is not recognized. If Boni was no longer a Filipino citizen, the divorce is valid. Hence, his marriage to Anne is valid if celebrated in accordance with the law of the place where it was celebrated. Since the marriage was celebrated aboard a vessel of Norwegian registry, Norwegian law applies. If the Ship Captain has authority to solemnize the marriage aboard his ship, the marriage is valid and shall be recognized in the Philippines. As to the second question, if Boni is still a Filipino, Anne can file an action for declaration of nullity of her marriage to him.

FAMILY CODE
Parental Authority; Substitute vs. Special (2004) Distinguish briefly but clearly between: Substitute parental authority and special parental authority.

SUGGESTED ANSWER
In substitute parental authority , the parents lose their parental authority in favor of the substitute who acquires it to the exclusion of the parents. In special parental authority , the parents or anyone exercising parental authority does not lose parental authority. Those who are charged with special parental authority exercise such authority only during the time that the child is in their custody or supervision. Substitute parental authority displaces parental authority while special parental authority concurs with parental authority.

FAMILY CODE
Paternity & Filiation; Common -Law Union (2004) A. 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. (5%)

SUGGESTED ANSWER
ZMN was legitimated by the subsequent marriage of RN and DM because at the time he was conceived, RN and DM could have validly married each other. Under the Family Code children conceived and born outside of wedlock of parents who, at the time of the former's conception, were not disqualified by any impediment to marry each other are legitimated by the subsequent marriage of the parents.