PERSONS AND FAMILY CODE OF THE PHILIPPINES

1.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.

2.LuisandRizza,both26yearsofageandsingle,liveexclusively with each other as husband and wife without the benefit of marriage, Luis is gainfully employed, Rizza is not employed, stays at home, and takes charge of the household chores.

After living together for a little over twenty years, Luis was able to save from his salary earnings during that period the amount of P200,000.00 presently deposited in a bank. A house and lot worth P500,000.00 was recently purchased for the same amount by the couple. Of the P500.000.00 used by the common-law spouses to purchase the property, P200.000.00hadcomefromthe saleofpalayharvested from the hacienda owned by Luis and P300,000.00 from the rentals of a building belonging to Rizza. In fine, the sum of P500.000.00 had been part of the fruits received during the period of cohabitation from their separate property, a car worthP100.000.00.beingusedbythecommon-law spouses, was donated Just months ago to Rizza by her parents.

Luis and Rizza now decide to terminate their cohabitation, and they ask you to give them your legal advice on the following:

(a)How,underthelawshouldthebankdepositofP200,000.00 the house and lot valued at P500.000.00 and the car worth P100.000.00 be allocated to them?

(b)What would your answer be (to the above question) had Luis and Rizza been living together all the time, ie., since twenty years ago, under a valid marriage?

3.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.

4.What is the status of the following marriages and why?

(a)Amarriagebetweentwo19-yearoldswithoutparentalconsent,

(b)Amarriagebetweentwo21-yearoldswithoutparentaladvice.

(c)AmarriagebetweentwoFilipinofirstcousinsinSpain where such marriage is valid.

(d)AmarriagebetweentwoFilipinosinHongkongbefore a notary public.

(e)Amarriagesolemnizedbyatownmayorthreetownsaway from his jurisdiction.

4.AandB,both18yearsold,weresweetheartsstudyinginManila. On August 3, 1988, while in first year college, they eloped. They stayed in the house of a mutual friend in town X, where they were able to obtain a marriage license. On August 30, 1988, their marriage was solemnized by the town mayor of X in his office. Thereafter, they returned to Manila and continued to live separately in their respective boarding houses, concealing from their parents, who were living in the province what they had done. In 1992, after graduationfrom college, A and B decided to break their relation and parted ways. Both went home to their respective towns to live and work.

1)Was the marriage of A and B solemnized on August 30,1988bythetownmayorofXinhisofficeavalidmarriage?Explain your answer.

2)Caneitherorbothofthemcontractmarriagewithanother person without committing bigamy? Explain your answer.

5.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.

6.Marvin,aFilipino,andShelley,anAmerican,bothresidentsof California, decided to get married in their local parish. Two years after their marriage, Shelley obtained a divorce in California. While in Boracay, Marvin met Manel, a Filipina, who was vacationing there. Marvin fell in love with her. After a brief courtship and complying with all the requirements, they got married in Hongkong to avoid publicity, it being Marvin's second marriage. Is his marriage to Manel valid? Explain.