Tuesday, September 25, 2012

NOTICE: SEMI-FINALS EXAM SHALL BE GIVEN ON SEPT 29

 COVERAGE: CHAPTER XIII to XVIII (pp. 232-317)

GUIDE QUESTIONS FOR THE EXAM

1.The RTC of  Sindangan appointed X as guardian of minor Y, in a special proceeding. Y is allegedly the son of a U.S. Veteran. X received the arrears of beneficiary Y. Later on, the U.S. Veterans Administration filed a case in Washington D.C. for the refund of the benefits received by Y,  on the ground of wrong payment since it was found that the U.S. Veteran was a fake. Question: Does the court in Washington D.C. have jurisdiction concerning the case of refund? Explain.

2.Can Philippine courts recognize a foreign decree of adoption? Explain your answer.

3.Ching Leng , a chinese man was granted Philippine citizenship upon his marriage to a Filipina in 1950. His wife filed an adoption to Ching's five illegitimate minor childen. The adoption was granted. Ching then filed a petition to cancel the alien certificates of registration of said minors on the theory that they have become Filipino citizens by virtue of the adoption. Is Ching Leng correct? Explain.

4.Alvin, a natural born U.S. citizen and his wife Evelyn, a natural born filipina who in 1988 became a naturalized citizen, jointly filed in 1990 a petition for adoption of Solomon, Evelyn's 12 year old brother. Are Alvin and Evelyn qualified to adopt? Explain.

5.In State X, all children whether born inside or outside wedlock are considered legitimate. In State Y, all children born outside wedlock are illegitimate. Now then, a child is born outside wedlock of a father, who is a citizen of State Y, and a mother, who is a citizen of State X. Questions: (a) Should the Philippine courts consider the child legitimate or illegitimate? (b) What country's law shall govern the relationship of parents and child?

6.IN  1948, Pastor and Vicenta were married before the catholic church in Cebu City. On Oct. 22, 1950 Vicenta obtained an absolute divorce in Nevada U.S.A., after which she married John Nichols, an American.They resided in Nevada since then, when she finally acquired her American citizenship in 1958.
Meanwhile, Pastor filed legal separation proceedings in the Philippines plus damages.
Questions:(a)  Will the petition for legal separation and the claim for damages prosper?(b) State the "doctrines" laid in this case.

7.Distinguish "legal separation" from " annulment of marriage".

8. State whether the following marriages shall be recognized by our country: (a) Filipino first cousins got married in California, where the marriage is considered valid. Will their marriage be considered valid in our country? (b) A filipino step-brother wanted to marry his filipino step-sister in the Philippines.They married in California (where such marriage is valid). Will this marriage be recognized in our country? Explain.

9.What is "transmission"? Give an example of transmission.

10. If a Turkish citizen brings to the Philippines four wives, all of whom he got validly married in Turkey, should Philippine law recognize as valid all the four marriages? Explain.

PART II. (TO BE TAKEN FROM THE SUBMITTED CASE DIGEST)



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