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Memo:

For: Atty. Stan Fabito


From: Vergel Niño Gillan M. Gerona
Re:
Date: February 25, 2020

Facts: Ku Ching was born in the Philippines in 1965 of Chinese parents, Pu Ching and
Fu Ching. His mother, Fu Ching, was validly naturalized as a Filipino citizen in 1983. Ku
Ching now comes to us asking if he can be a Filipino by electing to be one under Article
IV of the 1987 Constitution.

Issue: Whether or not Ku Ching is a Filipino Citizen?

Discussion: Ku Ching’s mother Fu Ching was validly naturalized as a Filipinbo Citizen


before the adaption of the 1987 Constitution. As stated in Art IV Sec 1 of The 1987
Constitution “Those who are a citizen of the Philippines at the time of the adaption of the
Constitution” and also in Art IV Sec 4 “Those who are a naturalized citizen with
accordance with the law”.

Recommendations: Ku Ching is a Filipino Citizen in a sense that his mother is a


naturalized citizen before the adaption of the 1987 Constitution.
Memo:
For: Atty. Stan Fabito
Vergel Niño Gillan M. Gerona
Re:
Date: February 25, 2020

Facts Mr. Rodney King, a Canadian citizen, purchased a 64 sqm unit in Shang Salcedo
Condominium from Ms. Gemma Crisostomo. When he was about to register his sale
with the Register of Deeds, Ms. Crisostomo´s boyfriend, a Chinese citizen named Kho
Yukut appears and files an adverse claim with the Register of Deeds on Ms. Crisostomo
´s title. Mr. Kho claims he is the real owner of the unit since he gave Ms. Crisostomo the
money to pay for it. He has the receipts to support his claim.
Mr. King wants to know what he can do to protect his rights over the condominium unit
and whether Mr. Kho can prevent him from taking possession over the said property.

Issue: Whether or not can take possession over the said property?

Discussion: The adverse claim will not prosper. A mere receipt cannot support the claim
of the ownership of the condominium. The Deed of Sale and the Title of the
Condominium are the proper document to support the ownership of the Condominium.

Recommendations: The possessor of the Deed of Sale and the Title of the
Condominium are the vital piece of documents in order to know who owns the
condominium.
Memo:
For: Atty. Stan Fabito
Date: Vergel Niño Gillan M. Gerona
Re:
Date: February 25, 2020

Facts Mr. Byrone Corona married Russell Santos in a church wedding last February 14,
2020. After the wedding, they spent their honeymoon in Discovery Shores Boracay.
After returning from Boracay, Mr. Corona informs us that he had just discovered that his
new wife had a child while she was a teenager, Holy Marie. Mr. Corona also found out
that he had sired a child from his old girlfiend,
Jingle Cruz. Mr. Corona now wants his marriage with Ms. Santos nullified.
Issue: Whether or not Ms. Santos and Mr. Corona marriage is valid?

Discussion: The marriage of Ms. Santos and Mr. Corona is a voidable marriage. Ms.
Santos conceal to Mr. Corona that he had a child before their marriage. Concealment or
a fraudulent act is a ground for annulment of marriage based on Family Code.

Recommendations: A fraudulent action before a marriage is a ground for annulment of


marriage. It must be filed for fraud in accordance with the Family Code.

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