CIVIL LAW REVIEW

Mid Term Examinations

DVOREF College of Law
Tacloban City

BAUTISTA G. CORPIN, JR. J.D., ESQ.

Professor

Instructions:

1. This Questionnaire contains four (4) pages. Check the number of pages and
make sure it has the correct number of pages and their proper numbers.

All the items have to be answered within three (3) hours. Since there are ten (10)
questions, you have eighteen (18) minutes to answer each question. You may
write on the Questionnaire for notes relating to the questions.

Read each question very carefully and write your answers in your Answer
Notebook in the same order the questions are posed. Write your answers only on
the front of every sheet in your Notebook. If not sufficient then start with the back
page of the first sheet and thereafter.

2. Answer the Essay questions legibly, clearly, and concisely. Start each number
on a separate page.

Your answer should demonstrate your ability to analyze the facts, apply the
pertinent laws and jurisprudence, and arrive at a sound or logical conclusion.
Always support your answer with the pertinent laws, rules, jurisprudence, and the
facts.

A mere "Yes" or "No" answer without any corresponding explanation or discussion

will not be given full credit. Thus, always briefly but fully explain your answers
although the question does not expressly ask for an explanation. You do not need
to re-write or repeat the question in your Notebook.

3. Make sure you do not write your name or any extraneous note/s or distinctive
marking/s on your Notebook that can serve as an identifying mark/s (such as
names that are not in the given questions, prayers, or private notes to the
Examiner). Writing, leaving, or making any distinguishing or identifying mark in the
exam Notebook is considered cheating and can disqualify you.

QUESTION #1

Citibank is a foreign Corporation (not incorporated in the Philippines)

wanting to do business in the Philippines. It opened branches in the
Philippines after having secured a permit to do business as foreign
corporation. Citibank remits to its main office in New York insurance

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proceeds from its insured filipinos in the Philippines. The Philippine
Deposit Insurance Corporation (PDIC), a government owned and
controlled corporation, now imposes tax on every insurance premium
Citibank remits to New York. PDIC claims that these proceeds are
inter-bank remittances that require premium taxes for every
transaction. Citibank opposes claiming that it has no separate
personality from its mother company in New York. Citibank, thus, sued
PDIC for declaratory relief. Decide.

QUESTION #2

Mr. Rich, U.S. citizen now residing in the Philippines, is the Vice-
President of Citibank in the Philippines. He is engaged to and has been
a live-in partner of Pia Horseback for 5 years now, a filipina domiciled
in New York but now residing in London. Mr. Rich wanted to sue PDIC
President for allegedly violating his constitutional right to property in
the Philippines, i.e. the right to engage in business when PDIC
imposed taxes on insurance premiums. He sues PDIC President Mr.
Wico under Articles 19 and 21 and under Article 33 of the New Civil
Code. PDIC President Mr. Wico claims he is under legal duty to impose
such taxes although he does not possess any authority from the PDIC
Board before he imposed these taxes. Decide.

QUESTION #3

Mr. Rich and Pia want to get married. They decide to get married in
London. They board United Airlines flight to London. While airborne,
Mr. Rich suffers his chronic heart ailment. He sits pale beside Pia
leaning his head towards her shoulders and whispers “can we ask the
pilot to marry us now, pls. I don’t think I can make it to London”. Feeling
frantic Pia pushes her attendant’s button and calls the attendant to ask
the pilot if he could marry them now. The attendant, who happens to
be a filipino responds and asks Pia how could they get married when
they do not have a marriage license. Pia retorts, she does not care as
long as the ceremony gets done asap. Three seats away from them
was Mr. Proud, who is just on vacation from work as the Civil Registrar
of Makati where Pia resides when she is in the Philippines, then tells
Pia, “don’t worry, I can issue you a marriage license now”, which he
actually did. Right after, the attendant went to the pilot who immediately
responded and solemnized the marriage between Mr. Rich and Pia. Is
the marriage valid? Decide.

QUESTION #4

a. What law should govern the capacity of Mr. Rich to marry? What are
the documentary requirements he should present, if he were to apply
for marriage license in the Philippines? Explain.

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b. What law should govern the formalities of the marriage between Mr
Rich and Pia? Explain.

QUESTION #5

When Mr. Rich and Pia got to London, they immediately go to the
Anglican Church and ask the Minister to marry them again to allay any
doubt on the validity of their marriage inside United Airlines. Under the
family laws of U.K., no marriage license is required and any person of
legal age can marry before any church. Neither of them, however, is a
member of such church. But right after the ceremony the Minister
baptise both of them as Anglicans. From then on, they continue to be
devout Anglicans. Discuss the validity of this marriage. Explain.

QUESTION #6

Mr. Rich and Pia came back to the Philippines and Mr. Rich became a
naturalized filipino citizen. Pia later discovers that Mr. Rich was already
previously married to Ms. White, French citizen while Mr. Rich was still
residing in New York. Saddened by this news, Pia files an annulment
of marriage against Rich based on bigamous marriage. Mr Rich claims
that his previous marriage to Ms. White was already divorced when he
obtained one in Vegas long before he met Pia. He now presents the
decree of divorce from the superior court of Las Vegas. Pia’s lawyer
opposes saying that Mr. Rich has no right to present such divorce
decree in that proceeding because he is not a filipino, thus he has no
right under Article 26 of the Family Code. If you were the judge in the
annulment case, may the marriage be annulled? Explain.

QUESTION #7

a. While the annulment action is pending Mr. Rich files an action for
annulment of marriage against Pia claiming that Pia had a fraudulently
not told him that she was previously convicted for violation of B.P. 22,
otherwise known as bouncing checks law, in the City Court of Makati.
The action is filed within four years after he discovered of the
conviction. Pia on the other hand claims that she was already
absolutely pardoned by President Duterte of such a crime. She now
presents to the court the Order of Pardon. If you were the judge in the
annulment action, can the marriage be annulled? Explain fully.

b. if you were the judge in Question No. 6 and you found out that the
action was improper, how will you treat the action? Explain fully.

QUESTION #8

a. Suppose baby Candy is born during the union between Mr. Rich and
Pia before any of the court actions is decided, what is the status of
baby Candy? Explain.
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b. Suppose the marriage of Pia and Mr. Rich get annulled for one
reason or another, what procedure should they follow as a precondition
for both of them to be legally entitled to remarry? Explain.

QUESTION #9

a. Suppose Mr. Rich is not able to secure an annulment of his marriage

against Pia in Question No. 7(a), may he still institute a legal separation
action? Explain.

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