1. Explain the Abuse of Rights doctrine under the New Civil Code of the Philippines. Does this doctrine apply in all cases or are there any exceptions thereto?

ANSWER:

1. Jones and Casey, both Filipino citizens, got married in the Philippines but later decided to migrate to the New Zealand where they were naturalized as citizens therein through the New Zealand permanent residency program. During their union, they were able to accumulate several real properties in New Zealand, the Philippines, and in a vacation house in Vancouver, Canada. They have no children. In New Zealand, they executed a Joint Will instituting as common heirs to divide their combined estate in equal shares, the five siblings of Jones and the two surviving parents of Casey. Jones and Casey eventually died at the age of 55. The siblings of Jones who were all citizens of the New Zealand, instituted probate proceedings in a New Zealand court impleading the parents of Casey who were all in the Philippines. Will the Joint Will produce legal effect in the Philippines with respect to the properties of Jones and Casey found in the Philippines? Explain.

ANSWER:

1. Explain the difference between Article 16 and Article 17 of the New Civil Code pertaining to properties and contracts.

ANSWER:

1. Jude was punched in the face by George as they were arguing which President candidate will win in the next national election. Jude fell to the pavement and suffered a scar on his left cheek. He was brought to the hospital and was told he needed eight (8) stitches on his face. Jude decided to file a civil action for physical injuries against George instead of a criminal action. Is an independent civil action allowed in this case? Explain.

ANSWER:

1. What is a prejudicial question and when does it take precedence over the criminal prosecution of cases? Explain.

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