1.JulioandLea,both18yearsold,weresweethearts.Atapartyatthehouseof a mutual friend. Lea met Jake, also 18 years old, who showed interest in her. Lea seemed to entertain Jake because she danced with him many times. In a fit of jealousy, Julio shot Jake with his father's 38 caliber revolver which, before going to the party he was able to get from the unlocked drawer inside his father's bedroom. Jake died as a result of the lone gunshot wound he sustained. His parents sued Julio's parents for damages arising from quasi-delict. At the time of the incident, Julio was 18 years old living with his parents. Julio's parents moved todismissthe complaint against them claiming that since Julio was already of majority age, they were no longer liable for his acts..

1)Shouldthemotiontodismissbegranted?Why?

2)What is the liability of Julio's parents to Jake's parents? Explain your answer.

2.IsidroandIrma,Filipinos,both18yearsofage,were passengersofFlightNo.317ofOrientalAirlines.TheplanetheyboardedwasofPhilippineregistry.Whileenroute 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 eight months pregnant by Isidro, she pleaded to the hijackers to allow the assistant pilot to solemnize her marriagewithIsidro.Soonafterthemarriage,Isidro expired. As the plane landed in Libya Irma gave birth. However, the baby died a few minutes after complete delivery.

BackinthePhilippinesIrmaimmediatelyfiledaclaimforinheritance. 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.

1. Resolve each of the contentions ([a] to [d]) raised by the parents of Isidro. Discuss fully.

3.EdandBethhavebeenmarriedfor20yearswithoutchildren. Desirous to have a baby, they consulted Dr. Jun Canlas, a , prominent medical specialist on human fertility. He advised Beth to undergo artificial insemination. It was found that Ed's sperm count was inadequate to induce pregnancy Hence, the couple looked for a willing donor. Andy the brother of Ed, readily consented to donate hissperm. After a series of test, Andy's sperm was medically introduced into Beth's ovary. She became pregnant and 9 months later, gave birth to a baby boy, named Alvin.

(1)WhoistheFatherofAlvin?Explain.

4.Abraham died intestate on 7 January 1994 survived by his sonBraulio.Abraham'soldersonCarlosdiedon14February 1990.

DanilowhoclaimstobeanadulterouschildofCarlosintervenesintheproceedingsforthesettlementofthe estate of Abraham in representation of Carlos. Danilo was legallyadoptedon17March1970byCarloswiththe consent of the " latter's wife.

1.Under the Family Code, how may an illegitimate filiation be proved? Explain.

2.As lawyer for Danilo, do you have to prove Danilo's illegitimate filiation? Explain.

3.Can Danilo inherit from Abraham in representation of his father Carlos? Explain.

5.Steve was married to Linda, with whom he had a daughter, Tintin. Steve fathered a son with Dina, his secretary of 20 years,whomDinanamedJoey,bornonSeptember20,1981. Joey's birth certificate did not indicate the father's name. Steve died on August 13, 1993, while Linda died on December 3, 1993, leaving their legitimate daughter, Tintin, as sole heir. On May 16, 1994, Dina filed a case on behalf of Joey, praying that the latter be declared an acknowledged illegitimate son of Steve and that Joey be given his share in Steve's estate, which is now being solely held by Tintin. Tintin put up the defense that an action for recognition shallonlybefiledduringthelifetimeofthepresumed parents and that the exceptions under Article 285 of the Civil Code do not apply to him since the said article has been repealed by the Family Code. In any case, according to Tintin, Joey's birth certificate does not show that Steve is his father.

a) DoesJoeyhaveacauseofactionagainstTin tinforrecognition and partition? Explain.

6.BandG(collegestudents,bothsingleandnotdisqualifiedto marry each other) had a romantic affair, G was seven months in the family way as of the graduation of B. Right after graduation B went home to Cebu City. Unknown to G, B had a commitment to C (his childhood sweetheart) to marry her after getting his college degree. Two weeks after B marriage in Cebu City, G gave birth to a son E in Metro Manila.

AftertenyearsofmarriedlifeinCebu,Bbecameawidowerby the sudden death of C in a plane crash. Out of the union of B and C, two children, X and Y were born. Unknown to C while on weekend trips to Manila during the last 5 years of their marriage, B invariably visited G and lived at her residence and as a result of which, they renewed their relationship. A baby girl F was born to B and G two yearsbefore the death of C. Bringing his family later to Manila, Bfinally married G. Recently. G died.

WhataretherightsofB'sfourchildren:XandYofhisfirstmarriage; and E and F, his children with G? Explain your answer.

7.Paulita left the conjugal home because of the excessive drinking of her husband, Alberto. Paulita, out of her own endeavor, was able to buy a parcel of land which she was abletoregisterunderhernamewiththeaddendum "widow." She also acquired stocks in a listed corporation registered in her name. Paulita sold the parcel of land to Rafael, who first examined the original of the transfer certificate of title.

1)HasAlbertotherighttoshareinthesharesofstockacquired by Paulita?

2)CanAlbertorecoverthelandfromRafael?

8.Bar Candidates Patricio Mahigugmaon and Rowena Amor decided to marry each other before the last day of the 1991

BarExaminations.TheyagreedtoexecuteaMarriage

Settlement. Rowena herself prepared the document in her own handwriting. They agreed on the following: (1) a conjugal partnership of gains; (2) each donates to the other fifty percent (50%) of his/her present property, (3) Rowena shall administer the conjugal partnership property; and (4) neithermaybringanactionfortheannulmentor declaration of nullity of their marriage. Both signed the agreement in the presence of two (2) witnesses. They did not, however, acknowledge it before a notary public.

A.Astoform,istheMarriageSettlementvalid?Mayitberegistered in the registry of property? If not, what steps must be taken to make it registerable?

B.Are the stipulations valid?

C.IftheMarriageSettlementisvalidastoformandtheabove stipulations are likewise valid, does it now follow that said Marriage Settlement is valid and enforceable?

9.On10September1988Kevin,a26-yearoldbusinessman,marriedKarla,awinsomelassof18.Withouttheknowledge of their parents or legal guardians, Kevin and Karla entered into an ante-nuptial contract the day before their marriage stipulating that conjugal partnership of gains shall govern their marriage. At the time of their marriage Kevin'sestatewasworth50MillionwhileKarla'swas valued at 2 Million.

AmonthaftertheirmarriageKevindiedinafreak helicopter accident. He left no will, no debts, no obligations. Surviving Kevin, aside from Karla, are his only relatives: his brother Luis and first cousin Lilia.

1)WhatpropertyRelationsgovernedthemarriageofKevinandKarla?Explain.

2)Determine the value of the estate of Kevin,

3)WhoareKevin'sheirs?

4)Howmuchiseachof Kevin's heirs entitled to inherit?

10.In1989,Rico,thenawidowerforty(40)yearsofage,cohabited with Cora, a widow thirty (30) years of age. While living together, they acquired from their combined earnings a parcel of riceland.

After Rico and Cora separated, Rico lived together withMabel,amaidensixteen(16)yearsofage.Whilelivingtogether,RicowasasalariedemployeeandMabelkept house for Rico and did full-time household chores for him. Duringtheir cohabitation,a parcelofcoconutlandwas acquired by Rico from his savings.

After living together for one (1) year, Rico and Mabel separated. Rico then met and married Letty, a single woman twenty-six (26) years of age. During the marriage of Rico and Letty, Lettybought a mango orchard out of her own personal earnings.

a)Whowouldownthericeland,andwhatproperty relations governs the ownership? Explain.

b)Whowouldownthecoconutland,andwhatproperty relations governs the ownership? Explain.

c)Whowouldownthemangoorchard,andwhatproperty relations governs the ownership? Explain.