Sei sulla pagina 1di 8

RECIT QUESTIONS 3a) Does having juridical capacity make you a person?

3b) If you are a foreigner, are you a person (legally) in the PH?
PRSONS 2016 3c) If you are born here, are you automatically a Filipino? Do we apply jus soli?
3d) Under the Constitution, who are citizens?
ARTS 1-18, NCC 4) Are you a person? Who is a person?
1) What is law? What are the kinds of law? 4a) A fetus is born but died after an hour. Is he a
2) What if there is a law which provides that it shall take effect immediately, is it valid? person? 4b) Upon conception, are you already a person?
3) What is a publication? Newspaper? Why? 4c) If you are a foreigner, are you a person?
3a) Is FHM/Playboy Magazine a newspaper? 4d) Do you have personality?
3b) What about newsletters? Comics?
4) You are turning 18 tomorrow. Can you get married today? ARTS 1-10, FC
4a) Basis for the age exception to the computation of period? 1) What is marriage?
5) You may avail of a tax refund within the period of 1 year from January 1. When is the last day? 1a) Explain ordinary vs. special contract.
5a) Supposing it is not a leap year? 1b) Why does the law use the term “inviolable”?
6) Today, August 2 2016, a new law was passed stating that it shall take effect January 1 2016. It 2) What are the requisites of marriage?
was published today. 2a) Supposing you are marrying a foreigner who is a minor.
7) Prospective vs. retroactive 2b) What if you are 15?
7a) If it is procedural, is its retroactivity automatic? 2c) What if you get married abroad?
7b) Can a penal law lowering the sentence but minimizing indemnity be given retroactive 3) Supposing a man and a woman went to a judge. The judge was in the toilet. The judge put himself
effect? 7c) Even if it affects the rights of the victim or his heirs? on speaker. The dog is the ringbearer. They signed the marriage certificate with the dog as
8) When you bought a Honda car, it came with an agreement that said car cannot be used as a taxi. witness. Status of marriage?
However, you needed the money so you used it. Honda sued. Can it? 3a) What if there are no other irregularities except for the dog?
9) Supposing you joined a sorority or gang and you died during the initiation. Can your family sue 3b) What if the witness was a human, of legal age?
(in relation to waiver of rights)? 3c) What if there are two witnesses, one is deaf and one is blind?
10) What is the minimum age required in the PH to buy liquor? 3d) Supposing that even if the judge is in the toilet, they can hear each other?
10a) In the US, 21 is the minimum age. Can you buy liquor there when you are only 20? 3e) Was there a ceremony in the first place?
10b) Supposing an 18-year-old American buys here. Can he? 3f) What if it was a video conference?
11) Supposing at 20, you wanted to get married in a country where 21 is the legal age to get 3g) What if in said video conference, one is in Australia, one is in Japan, and one is in the US?
married. Can you? 4) What if the solemnizing officer just said, “you may kiss the bride”
11a) A 20-year-old from the same country referred to above went to PH. Can he get married? 4a) No ceremony but the parties signed the marriage certificate
12) Supposing you have a car. You sent it to your Japanese son who is in New York. 5) What if one of the parties is from Thailand, a transgender, and the other a Filipino guy. According to
Thai laws, she is a woman.
ARTS 19-26, NCC (ABSENT) 5a) So do PH laws take precedence over Thai laws?
5b) So procreation is the main purpose of marriage?
ARTS 27-51, NCC 6) What do you mean by personal declaration?
1) Can you file a civil and criminal case simultaneously? 6a) What if it is a video conference?
1a) Discuss Arts 32, 33, 34, and 2177, NCC
1b) Why is the civil case suspended? ARTS 11-34, FC
2) What is a prejudicial question? 1) Supposing you, an orphan, decides to marry a refugee. What will you do?
2a) What are the requisites? 2) Supposing you are deaf-mute and you are marrying someone who is deaf-mute and
3) Are you a person? Why? blind? 2a) What about the capacity to act?
TRAX notes | 1W 2015-2016 | STP

3) Supposing you are to marry a 15-year-old American. What will you do? 14) Procedure for annulment and its effects.
3a) Is birth certificate sufficient for the American? Why? 15) Procedure for legal separation and its effects.
3b) What if there is no diplomatic relations between our country and the country of the person
you are marrying, i.e. there are no diplomatic or consular offices? RIGHTS & OBLIGATIONS BETWEEN HUSBAND & WIFE
4) Supposing you are marrying a guy who is previously married. What will you do? 1) Supposing you're married to Kyle, who, upon knowing about the scarcity of male pornstars in
4a) What if there is a legal impediment? Japan, worked there. Can you prevent him from doing so?
4b) Will the issuance of the marriage license be stopped?
4c) What is the reason behind this? PROEPRTY RELATIONS
5) Supposing you are a member of a tribe and your girlfriend is a member of another tribe. You live 1) What is a donation propter nuptias?
in the mountains. What will you do? 1a) Is a wedding ring donation propter nuptias?
1b) Supposing you married Regina. Prior to the marriage, you received a house & lot from
VOID/VOIDABLE/LEGAL SEPARATION her parents.
1) Enumerate the void marriages. 2) Can you donate to your wife?
2) Can you marry the son of your great-great-grandfather? 2a) Regardless of what the property regime is?
2a) What if you are adopted? 3) Can a donation propter nuptias be revoked?
2b) What about the biological brother of your adopted brother? 4) What properties are community and what are exclusive?
3) Supposing you are married and your soulja boy does not salute. What is the status of your 5) Supposing you gave an engagement ring to your fiancé, then got married. Is the engagement
marriage? 3a) What if it is curable? ring community property or exclusive property?
4) What if you are married to a guy whose soulja boy does not spit baby gravy? 5a) How about the wedding ring?
5) Supposing you married a guy whose soulja boy does not salute, but you are aware of such fact 6) Supposing you joined the Olympics and won a bronze medal, is the medal exclusive property?
and still married him. 7) Supposing you were previously married, and you brought into your subsequent marriage
5a) What if you are frigid? properties w/c were exclusive in said former marriage. Will it be exclusive?
6) What if your partner has STD. Status? 8) Supposing your friend gave you a diamond-studded underwear for your birthday. Exclusive
6a) What if you knew he has STD and still married him? or community?
6b) What if you did not know about it but it is curable? 9) Charges against community property.
7) What if you married your girlfriend and found that she already has a kid? Status? 10) Supposing you had a penis enlargement, can the doctor collect from your wife?
8) Grounds for LS 11) Discuss SOP
9) Supposing you are a homosexual, and did not inform her. Then, your wife engaged had an affair 12) Is it possible to have common property if their regime is SOP?
with a woman. Is there a ground for nullity, annulment, legal separation? 13) What is Art. 147
10) Supposing your husband got fired by his employer, which led him to always go home in a 13a) What are the marriages under Art. 147?
drunken state. Is there a ground for nullity, annulment, legal separation? 13b) What if there is no marriage license.
11) Supposing you are a drug dealer, convicted but under parole. Is there a ground for 14) What is Art. 148
nullity, annulment, legal separation? 14a) Distinguish Art. 147 from Art. 148.
12) Supposing you got married to someone who did not know that you had a child prior to the
marriage. Wanting to get even, he had an affair with someone he eventually married. Prior to the THE FAMILY
subsequent marriage, he obtained a judicial declaration of presumptive death. Is there a ground for 1) Who are the members of your family?
nullity, annulment, legal separation? 2) Are in-laws part of the family?
12a) Why is just concealment of pregnancy and not concealment of a child by another man or 3) Can you sue your family?
by previous marriage? 4) Supposing you live in a dorm and your siblings are also staying there w/ you. Only the help is in
12b) Is there a ground for legal separation if you were absent, then reappeared? your house in Antipolo. Your parents went abroad. Can that home be attached if your parents have
13) Procedure for declaration of nullity and its effects. creditors?
TRAX notes | 1W 2015-2016 | STP

4a) Is it still a family home? EMANCIPATION (NONE)
4b) Supposing the house is the house of the parents. Can it be considered a family home?
5) Supposing your family home is worth 10M today. At the time of its constitution, it's worth 300K. SUMMARY JUDICIAL PROCEEDINGS
You have a debt worth 9M. Can the creditors go after the family home? 1) Discuss everything.

PATERNITY & FILIATION FINAL PROVISIONS (NONE)


1) What is paternity and what is filiation?
2) Supposing you're the illegitimate child of your father, but he does not acknowledge you. How do FUNERALS
you prove filiation? 1) Supposing you're married to Lee Min Ho. You died, and prior to your death you were separated in
2a) Supposing your father has been texting you. Can you use that to prove? fact. You had cancer and your parents were the ones who took care of you. You had 5 kids. Your
2b) How about selfies & pictures w/ your father (when you were born, your baptism, spouse wants you cremated; your parents wants you buried in Mt. Apo; and your kids want you
your graduation, etc.) Can you use these? mummified. Whose decision will prevail?
2c) E-mail? 1a) Is the burial in Mt. Apo allowed?
3) Supposing the bestfriend of your father had an affair w/ your mother, the fruit of w/c is you. 1b) What if you were executed abroad?
Can your biological father go to court and prove that you are his biological child using DNA?
3a) Since your father did not file, can your biological father file instead? USE OF SURNAMES
3b) How about the heirs of the husband? Is it just the husband alone who has the 1) Discuss everything.
right? 3c) Can your siblings file?
4) Can you impugn your own legitimacy? ABSENCE
1) What is the process if your spouse is absent
ADOPTION
1) Who may adopt according to Domestic Adoption Act of 1995? CIVIL REGISTER
2) Can you adopt your older brother? 1) Discuss everything.
3) Who may be adopted?
4) Can your older brother adopt you?
5) Procedure for Domestic Adoption. PRSONS 2015

SUPPORT (ABSENT) ARTS 1-18, NCC


1) What [laws] should be published? Should the Constitution be published? ((If yes)), why? ((If it's
PARENTAL AUTHORITY because of Article 2 of the Civil Code, so does the Civil Code take precedence over the
1) Supposing you got raped by 3 gentlemen, all 19 years of age, inside the classroom. Who can Constitution?)) 1a) should *laws* in your barangay be published? Why or why not?
you sue? 2) Should Supreme Court decisions be published?
1a) Same scenario except that all 3 live with their respective grandparents. 3) X is a 20 year old Filipino who wants to buy liquor while in the US (where liquor can only be sold
1b) Will your answer be the same if they were 17 years old? to 21 year olds and older). Can X purchase liquor in the US?
1c) Same scenario except that 1 of the parents of the 1st is in jail; one of the parents of the 2nd is 3a) Y is a 20 year old American who wants to buy liquor while in the Philippines (where liquor can
insane; and one of the parents of the 3rd is abroad and the former lives w/ his grandparents. One be sold to 18 year olds and older). Can Y purchase liquor in the PH?
of the 3 gentlemen works as a pornstar. 4) A same sex married couple from the US visits the Philippines, are the considered married here?
2) Grounds for suspension & termination of parental authority. A male Filipino, X, marries a male American, Y, in the states; when they visit the PH, are they
3) If your parents are on a vacation abroad, will your grandparents exercise substitute considered married?
parental authority? 5) An American--who is married to a Filipino and living in the Philippines, who owns properties in the US,
in the PH and in Canada--decides to execute his will in Canada. The will follows the format and
TRAX notes | 1W 2015-2016 | STP

laws of Canada. In the will, the American leaves his PH property to a dog ((which is okay in 1) Supposing robbers entered your house and you called the police station; they took a while to
Canada but not in the US and the PH)). Will the will be recognized in the PH? respond. Are they liable? What if it wasn’t intentional on their part/what if they can provide a
6) You are 17 years old and your birthday is tomorrow, can you get married TODAY? valid reason as to why they were delayed, are they still liable? What about if instead of a police
7) You overpaid your taxes on January 1, 2015 and you have two years to reclaim for the station, you called the barangay captain/tanod? Are they liable?
refund...when is the last day you can get a refund? WHAT IF there is a revised administrative code-- 1a) Differentiate Article 34 from Article 27....
which is released after the BIR tells you about the original deadline--that says One Year is composed 1b) What is Malfeasance? Misfeasance? Does it apply to the situation in (1)? How does it apply to
of 12 Months, where a Month is made up of 30 days [2 (30 x 12)]. When will be the new deadline? Art 27?
Will there be a new deadline? 2) Suppose you put up a business called "Going Bananas in Pajamas," can the producers of Bananas
8) You live in Cubao and the school you attend is across from your house. For many years, what in Pajamas sue you?
you've done to get to school is to cross the street and not use the overpass. Everyone does the 3) You put up a fast food place and called it Jollicee* (used a Bee swimming in the sea as a
same thing and jaywalks. The local law enforcers don’t reprimand you or the others all this time. mascot), can Jollibee sue you?
Suddenly, one day, you get hit by a bus. Is the bus driver liable? What if the driver was drunk 4) Illustrate an example for Unfair Competition.
during the fact? ((Tapos nagtanong siya about rights and waivers? Sorry, I got lost here)) 5) Supposing somebody filed a civil case against you. This person got physically injured by virtue of
9) X and Y decided to have drinks one night. They get drunk and X apparently says things to Y about negligence; you were sued civilly for damages. After a few months, he sues you criminally. What
her, which Y finds hurtful. Y isn’t physically hurt, X didn’t slander Y...if you are the judge, is there a will you do?
case that you can accept? 5a) If the civil case was filed first before the criminal case....?
5b) *"double recovery" was mentioned? I think.
ARTS 19-26, NCC 6) What is a prejudicial question? Give an example.
1) Articles 19, 20 and 21; what are the distinctions? 7) Who is a person? What is personality? Differentiate juridical capacity and capacity to act.
2) How do you abuse a right? Illustrate the distinction.
3) What is "damage without injury?" Give an example. 8) When is a person considered born? When does it get personality? Does an unborn child
4) A, a male Filipino, promised to marry, B, another male Filipino in the US. They engage in carnal have personality? Capacity to act? Juridical capacity?
knowledge. Soon after, A backs out of wanting to marry B. Is there a breach of promise to marry? 9) Juridical Persons. Discuss.
5) What is "solutio indebiti?" Illustrate. 9a) How does juridical persons differ from natural persons?
6) Suppose that you live in Tacloban when Yolanda strikes. Everything is a mess. The day after, you 10) Who are considered citizens? According to the civil code? According to the (new) constitution?
decide to buy a Ferrari. Your neighbor feels offended; can he stop you from buying the car? Who can
stop you? ARTS 1-21, FC
7) Suppose that somebody inadvertently sends you P50.00 load to your phone, are you obliged 1) What is marriage? How does marriage differ from other contracts? Why is it a special contract?
to return it? What if you thought it was meant for you, are you liable? How many parties are involved in a marriage?
8) Suppose that there is an earthquake, and because of this your pet tiger escapes and kills your 1a) What does the phrase "conjugal and family life" mean?
neighbor, are you liable for the death of your neighbor? What if your tiger eats your neighbor's 2) What are the requisites of marriage?
pet are you still liable? 2a) Supposing you’re engaged to a 16 year old foreigner (who is considered an adult in his country).
9) Suppose that there is an earthquake and your neighbor's dog escapes and ends up where your tiger You decide to get married here, can you?
is kept, and the tiger eats the dog...are you liable? 3) Supposing you married a deaf-mute who does not know how to read and write. What is the status of
10) What is "accion in rem verso"? Illustrate. your marriage? Can you get married?
11) Supposing that X flagged down a taxi, and X found out that the driver is of a certain nationality A, 4) Supposing your fiancé had a stag party the day before the marriage. He has a hangover. He says
AND then exits the taxi merely because the driver is A...is there an abuse of right? Is X liable? What his vows in the ceremony. What is the status of your marriage? What if he was drunk instead of
if the driver says he is offended, is X liable? hungover?
5) Supposing you’re in Australia, your fiancé is in the US the solemnizing officer you wish to officiate is
ARTS 27-51 in Japan. (Note, you’re all Filipino citizens). The marriage license issued to you i the Philippines is
QUIZ: When will/can a plaintiff file for separate civil case?
TRAX notes | 1W 2015-2016 | STP

about to expire, so you decide to get married by conference-calling your fiancé and solemnizing 7) If you and your fiancé are in a remote place, with no money do you still need a marriage license?
officer. (Note, conference-call-marriage is allowed in Japan, US and Australia). Is the marriage valid? What if you’re rich and there's no transportation (land and sea) available for you EXCEPT for a
5a) Can Filipinos have quickie weddings in Vegas? So Filipinos can be married by Filipino helicopter that you can afford, do you need a marriage license? So is the matter of being in a
solemnizing officers/Philippine-authorized solemnizing officers? Can we recognize marriage remote place a matter of financial capacity?
solemnized abroad as valid here? Why? 8) Supposing you’re attending mass with your boyfriend, and he suddenly suffers from a heart attack.
6) Why does our law require personal appearance? Why are proxies not allowed for contracting parties? So you ask for the priest to solemnize a marriage between the two of you, believing your boyfriend is
What is the wisdom behind this rule? about to die. But then, he lives. Is the marriage still valid?
6a) Supposing you’re in the US with your fiancé (you are both Filipino). The fiancé gets sick, and asks 9) The judge is in the embassy, and a dying person and his fiancé asks the judge (general consul,
a friend to stand in for him? Is the marriage valid? consul and vice consul are not available) to solemnize a marriage. Can the judge do so? What if
7) Supposing your husband-to-be has his pet dog stand as his Best Man, is the marriage valid? So if instead of a judge, it is a justice?
the dog puts his paw as a signature on the marriage certificate as a witness, is the marriage valid? 10) Supposing you are having dinner with the general consul at a restaurant abroad, and your
7a) Let's say the witnesses are insane, is the marriage valid? boyfriend suddenly suffers from a heart attack. You ask the GC to solemnize a marriage, can he?
8) Supposing the priest was having a stomachache right before the marriage ceremony and he rushes 10a) can a judge solemnize a marriage on a plane?
you through it ("Alam niyo na gagawin niyo diba? Basta kiss the bride sa huli.") Is the marriage still 11) Supposing you are boarding a plane enroute to the US. You are about to board a Japan-registered
valid? plane from a Japanese airport. You met someone--a passenger on another plane--and fell in love. He
9) Supposing you’re an orphan (you don’t who your parents are and you are believed to have been born suffers from a heart attack, can you ask the pilot (who is Japanese) to be the solemnizing officer of
in the streets). You meet a stateless refugee and you fall in love. You decide to get married. Can a marriage? Is the marriage valid?
you? What are the steps if you can? 11a) Let's say you took the same plane, the pilot is Japanese, is the marriage valid? What if the
pilot says it's not legal/seen as valid for Japan to have a Japanese pilot solemnize non-Japanese
ARTS 22-VOID persons into contracting a marriage?
1) What is a marriage contract? What can be/are other proofs of marriage? 12) You get caught in the war in Libya. You and your fiancé are tourists there. You ask the military
1a) What is the effect of failure to sign a marriage certificate? commander for the chaplain, but he says that one was assigned to them. Can he solemnize the
2) Who prepares the marriage certificate? Is there a form? A format? marriage? Is articulo mortis applicable here? Differentiate "at the point of death" and "danger of
2a) Who prepares it? Is there a period in which a solemnizing officer must submit/process death."
the marriage certificate? 12a) Can a judge solemnize articulo mortis? Mayor? Imam? Priest?
2b) So if there's a war, the military officer (in this case, the solemnizing officer of your 13) Can the president solemnize a marriage? The president is the "commander-in-chief," can he
marriage) should comply with the due date? solemnize a marriage?
3) Exceptions to the marriage license requirement? 13a) If you’re a leader of a tribe can you solemnize a marriage?
3a) Supposing you have cohabited with a foreigner for five years, but during that time he still has a 14) What can void a marriage/are void marriages?
spouse back in his country (for all intents and purposes, they are separated...EXCEPT legally). Your 15) Supposing you got married to your fiancé. Your husband gets naturalized as an American after 5
cohabitant's marriage is FINALLY dissolved when the spouse dies. Can you get married validly? ((I think years. Seeing this as an opportunity, you initiate and file a divorce. You went back to the
the question here is supposed to focus on the legal impediment prior to the ceremony)) Philippines. You contract another marriage. Is the marriage valid/void?
4) Do two 18 year olds still need a marriage license after cohabiting for 5 years (starting from when 15a) If your husband can get married again and you can’t, isn’t that unfair?
they were still 13 year old)? 16) Supposing you have a chatmate and you fell in love with this chatmate. You send each other
5) You are residing in Batanes. Your fiancé is residing in Jolo. Do you still need a marriage license? pictures, unknown to you though, the pictures he has been sending you are of his brother. You
6) Supposing your fiancé is Muslim, you converted during the wedding. You did not get a marriage proposed a marriage and he accepted. You get the proper paperwork. When he gets here for
license. Is the marriage valid? So are Muslims exempt from the Family Code (re: getting the ceremony, you realize he wasn’t the same person in the photos. You married him anyway. Is
marriage license) the marriage void?
6a) What if a Muslim couple decided to get married with a judge as the solemnizing officer, do they 16a) Supposing the chatmate has a twin. Unknown to you, your chatmate's twin in the one you
need a marriage license? married. Is the marriage void? What if you had known all along that he was the twin, but you fall
in love with him anyway, is the marriage void? (Hint: can the twin use the marriage license?)
TRAX notes | 1W 2015-2016 | STP

17) State other void marriages? Are there any guidelines to psychological incapacity? 4b) What if he lets other people touch him for extra cash?
17a) Your husband is a drug addict. You've know that he was a drug addict ever since you were 4c) Doesn’t this fall under perversion?
just BF/GF. Is the marriage valid? 5) Supposing you have a child, who was raped by your neighbor. Your husband killed the neighbor as
revenge. (include all aggravating circumstances) It is murder. Can you file for legal separation?
VOID (ABSENT) 5a) What if instead of your child, YOU were raped instead?
5b) Let's say your husband saw your neighbor TRYING to rape you. He killed the neighbor. It
VOIDABLE-LEGAL SEPARATION was ruled as murder (there were elements missing that it couldn't be for self-defense [allow it for
1) What are voidable marriages? the sake of the example]). Can you file for legal separation?
2) Supposing your fiancé has HIV. You know he has HIV. You marry him anyway. What is the status 6) Why is Number 4 of Article 55 considered a ground for legal separation? What's the point? (you're
of your marriage? already physically separated and your marriage will not be void anyway)
3) Supposing your fiancé pretended to be related to the Queen of England. Is the marriage valid? 7) Supposing your wife caught you with someone in your own bedroom. She was so mad, she took
3a) Let's say you're a princess from Mindanao and the rule of your family/clan is that you a gun and shot you--but she missed. Can you file for legal separation?
cannot marry non-royalty. Is the marriage valid? 8) Suppose A is married to B. B wants to file for legal separation and consulted you. What will you
4) Supposing you married an 80 (later turned 90) year old. He is no longer physically able to engage do? [AKA what is the process/procedure of filing for legal separation?]
in sexual intercourse. Is the marriage valid? Why? 8a) What if they reconcile?
5) Supposing you're married. You found out your wife has a child by another man. What is the status of 8b) Assuming there was a decree? What are the effects?
your marriage? 8c) What if they reconcile?
5a) Let's say the child was born after the marriage and you discovered the child after the 9) Supposing you're doubting the fidelity of your husband. One day you planned a scheme. You told
marriage. What is the status of your marriage? him you were going to visit the province, when you're actually going to live at your friend's house
6) Supposing you are a homosexual and you married a woman. You did not tell her you are a temporarily. That night, you went back home and caught your husband in a compromising position
homosexual before the marriage, but you did tell her one month after the ceremony. She accepted with the driver. Can you file for legal separation?
you anyway. But after another month, she found you in bed with another man. What is the status 9a) What if you paid the driver?
of your marriage? 9b) What if you paid a prostitute to seduce your husband that night, but when you went home you
6a) So if it is voidable...don't you think your homosexuality falls under psychological incapacity? met the prostitute on her way out. She told you that she saw your husband with the driver, so she
7) When is there fraud? left. Can you file for legal separation?
8) What are the grounds for legal separation?
9) Supposing you're a homosexual and you married a lesbian. Can you file for legal separation? RIGHTS & OBLIGATIONS BETWEEN HUSBAND & WIFE
1) What are the obligations of husbands and wife?
LEGAL SEPARATION 1a) Supposing you wanted to live outside of the country because you thought the status of
1) What are the grounds of Legal Separation? the Philippines is steadily going downhill, but your spouse wants to stay. Who would prevail?
2) Supposing during the honeymoon, your husband proposed to do something (maybe sexually?)
2) Supposing your fiancé impregnated a woman without you knowing. You married him. You find
that you didn't agree to. Upset, he left the next day for his mother's house. Can you file for legal
out about the child. Can you file for legal separation? separation? Can you force him to come back?
2a) Will this fall under "infidelity?" 2a) What if it was you who left the house? Can he ask the Court to compel you to live with him?
3) One night your wife opened your cabinet and discovered your collection of sex toys. Can your 3) Supposing your (house)wife wants a career, so she says that you should hire a maid to maintain
wife file for legal separation? the household and a nanny to take care of the children. But you want her to stay at home. Who
3a) What if you used the sex toys on yourself? would prevail?
3b) What if you wanted to use it on/with your wife but she doesn't let you?
3c) Doesn't that fall under perversion? What is perversion? PROPERTY RELATIONS
4) Your husband is a stripper (in a bar? temporary-special-events stripper?), can you file for 1) What's the property regime if there's not marriage settlement?
legal separation? 2) When will the marriage settlement take effect?
4a) What if you didn't know about it and only found out about his job 5 years after your marriage? 2a) Can marriage settlements take effect before the marriage?
TRAX notes | 1W 2015-2016 | STP

3) Describe the property relations between husband and wife. 16) What are presumptive legitimes?
3a) What do you mean by local customs? Do these no fall under or respect the family/civil code? 16a) Why presumptive?
When do you apply local customs to govern property relations? 16b) What if minors?
3b) Does dowry fall under donation propter nuptias? 17) What is the regime of separation of property?
4) What are donations propter nuptias? Give an example 17a) In case of expenses?
4a) Can you decide, between the two of you that ALL donations propter nuptias would belong to 17b) Is it possible that the properties can be partly reigned by separation of property and
your spouse? conjugal partnership of property? Is that legal?
5) Supposing you attended a wedding, you gave an electric fan, a microwave, a washing machine… as 17c) What’s yours is yours and what’s mine is ours (your properties are exclusive, my properties
a gift. Are those donations propter nuptias? are conjugal)?
5a) So donations propter nuptias depend on the amount given? 17d) Can you convert SOP and make it ACP?
6) You made a donation propter nuptias. Can you revoke it? 17e) What if legal separation then reconciliation?
6a) Supposing your boyfriend proposed to your girlfriend. You gave her a diamond ring. The 18) Discuss the separation of property? Formalities? What are the grounds?
marriage did not push through. What would happen then? Is the engagement ring considered 18a) What is civil interdiction?
donation propter nuptias? 19) Is it possible for the future spouses to make an agreement in the marriage settlements that their property
regime will be a separation of property? If so, can they have it changed to an absolute community during
7) What properties are considered to be included in the absolute community? How about the
the marriage? Then, can they change it back to separation of property voluntarily?
exclusive property?
20) Can a Filipino file a petition for separation of property against a foreigner spouse?
7a) Supposing you have an exclusive property that you sold. Where will the profit be included? What
20a) Can they both file voluntarily for separation of property?
if you used the money earned from selling property to buy another property, where will that property
21) Supposing the court decreed the separation of property. Can the spouses revive the former
belong?
property regime?
7b) Are underwear considered to be part of the absolute community? Jewelry? Louis Vuitton bags?
21a) Supposing you and your spouse have decided on separation of property as your property
8) Charges and obligations against/of ACP?
regime. Let’s say you wanted to further your studies (law school, med school, etc). Can you
8a) Supposing your father-in-law got sick, can your wife use the ACP for him?
demand your husband to pay for your tuition?
8b) Supposing your parents gave you money (donation) and you used it in the business. Nalugi.
22) In case of separation of property, who is responsible for support? If there is already a provision in
Can the creditors go after the ACP?
9) How is ACP dissolved and liquidated? the marriage settlement about the separation of property, who is responsible for the support of the
spouse and the children?
9a) Supposing one of the properties has doubled in value from the time of acquisition to the time
23) How will the properties be separated?
of liquidation. How is it distributed to the spouses?
24) Upon granting by the court of JSOP, can the former be revived?
10) What properties are considered conjugal?
24a) What if they agreed on SOP during the marriage but no judicial order. Binding?
10a) Supposing you have a dog and then got married, bringing said dog into the marriage. You 24b) What’s the effect if the spouses agree without judicial order?
found out she got impregnated. Is the dog conjugal? What about the puppies? 25) In case of dissolution of marriage between spouses whose property regime is SOP, what will happen
10b) Supposing your husband robbed a bank and got 1 million. Is it conjugal or exclusive? to properties?
10c) Supposing you have a watch before marriage. You married. You sold the watch then
25a) Will the children get the presumptive legitimes?
bought shoes. Conjugal or exclusive?
26) Recite Art. 147 verbatim.
11) Supposing you have a land and then you got married. Your property regime is CPG. You brought said
27) Recite Art. 148 verbatim.
land into the marriage. You bought said land by installments and paid some of the installments with
conjugal funds. The final installment was paid with your parents’ money. It was then improved using
your salary. Conjugal or exclusive? THE FAMILY (N/A)
12) Distinguish ACP from CPG.
12a) Supposing your husband found a hidden treasure behind the backyard, worth 10 PATERNITY & FILIATION (N/A)
million. Conjugal or exclusive?
13) Charges in CPG.
ADOPTION (N/A)
13a) Supposing you got addicted to drugs and consequently sent to rehab. Is it chargeable
against the CPG?
14) How is CPG dissolved and liquidated? SUPPORT (N/A)
15) How is CPG liquidated?
15a) Supposing one of the spouses is a foreigner. Same procedure? PARENTAL AUTHORITY (N/A)
TRAX notes | 1W 2015-2016 | STP

EMANCIPATION
1) Are you emancipated (20 years old)?

SUMMARY JUDICIAL PROCEEDINGS

(N/A) FINAL PROVISIONS (N/A)

FUNERALS
1) Discuss everything
2) What if the family wants to donate the organs of the deceased?
3) What if the family wants the body of the deceased to be fed to a lion?
4) What will happen in the case of Mary Jane Veloso regarding funerals?

USE OF SURNAMES
1) What is a name? Surname? Middle name?
2) Can “Jr.” be added to the name of a girl?
3) What is the rule on use of name & surname in case of celebrities?
4) Can you name your child “#abc12deg”?
5) What if there is an identity in names & surnames?
6) What is the case of Maximo Wong?

ABSENCE (N/A)

CIVIL REGISTER
1) Discus everything.

TRAX notes | 1W 2015-2016 | STP