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A and B are college of law sweethearts and decided to tie the knot after successfully p the Bar Examinations. Thereafter B went to San Diego, California to her ailing mother, w eentually died. B fell into deep sorrow while staying San Diego to fix her mother!s uns affairs therein. "t was during these times that she found of the secret affair of A and #est friend. $ne drunken eening she saw D, a powerful %A lawyer and ery influential le actiist, at the edge of the pictures&ue 'olden 'ate Bridge. B felt an electric rush of through her whole #eing upon laying eyes on D!s sapphire pair. D and B started dating an eentually got married. A, with his ego hurt, filed for a criminal case of #igamy against B in the (TC)Baguio a concurrently filed a dis#arment case against the same #efore "B*)Benguet. This prompted and D to go to #ack to the *hilippines and like loers often do, face all the odds in th %$+E. "n the criminal case, B puts up as a defense that the *hilippine penal laws has no urisdiction oer legal acts committed within another forum- and that there is no second to speak of within the puriew of the amily Code of the *hilippines. "n the dis#arment moes the case for dismissal for haing no cause of action inoking the clean hands doct and reiterating her second defense in the #igamy case. The court found B guilty of #igam the "B*)Benguet dismissed the case for non)cause of action. *rior to the serice of udgment of the said cases, D and B went to the island)resort of Amanpulo. /nfortunately, due to an unfortunate naughty use of gadgets D died alone in t couple!s #athroom suite- while B was haing her massage at the resort!s spa. Thereafter, discoering the lifeless #ody of her one true loe, took a i#rating deice and used the end her now seemingly aimless life. B inherited from her mother a total of *hp 0123 4after taxes5 consisting of cash, #onds, and real property located in the *hilippines, California, and Colorado. B died intestate D is worth /SD 6.7B of cash, #onds, mutual funds, other paper assets- personal property cars 4intage collecti#les, and een concept prototype cars from *orsche and 3c%aren5- a real estate property in 8ew 9ork, lorida, Bra:il, %ondon, rance, Berlin, and 3oscow. will designating B and E her ultimate and uniersal heir. B and D has simulated the #irth of a child from 'hana, E, making it look like it was con and #orn through the maternal aenue of B. ;uestions< 2=.5 >hat is the status of the criminal case? the dis#arment case? 26.5 >as the udgment rendered #y (TC)Baguio, alid? Explain. 27.5 >as the dismissal #y "B*)Benguet, correct? Explian. [email protected] A now files #efore (TC)Baguio intestate proceedings for the estate of the late B. " the udge who inherits from B? 21.5 A concurrently filed arious actions 4a#road5 to transfer the property of D to his arguing that #eing the only legal heir of B, he is ultimately the only person entitled t

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A and B are college of law sweethearts and decided to tie the knot after successfully passingthe Bar Examinations. Thereafter B went to San Diego, California to her ailing mother, whoe entually died. B fell into deep sorrow while staying San Diego to fix her mother!s unsettledaffairs therein. "t was during these times that she found of the secret affair of A and C, her ery#est friend. $ne drunken e ening she saw D, a powerful %A lawyer and ery influential les#ian acti ist, at the edge of the pictures&ue 'olden 'ate Bridge. B felt an electric rush of goodnessthrough her whole #eing upon laying eyes on D!s sapphire pair. D and B started dating ande entually got married.

A, with his ego hurt, filed for a criminal case of #igamy against B in the (TC)Baguio andconcurrently filed a dis#arment case against the same #efore "B*)Benguet. This prompted Band D to go to #ack to the *hilippines and like lo ers often do, face all the odds in the name of%$+E. "n the criminal case, B puts up as a defense that the *hilippine penal laws has no urisdiction o er legal acts committed within another forum- and that there is no second marriageto speak of within the pur iew of the amily Code of the *hilippines. "n the dis#arment case, B mo es the case for dismissal for ha ing no cause of action in oking the clean hands doctrine and reiterating her second defense in the #igamy case. The court found B guilty of #igamy- andthe "B*)Benguet dismissed the case for non)cause of action.

*rior to the ser ice of udgment of the said cases, D and B went to the island)resort of Amanpulo. /nfortunately, due to an unfortunate naughty use of gadgets D died alone in thecouple!s #athroom suite- while B was ha ing her massage at the resort!s spa. Thereafter, Bdisco ering the lifeless #ody of her one true lo e, took a i#rating de ice and used the same to end her now seemingly aimless life.

B inherited from her mother a total of *hp 0123 4after taxes5 consisting of cash, #onds, stocks,and real property located in the *hilippines, California, and Colorado. B died intestate.

D is worth /SD 6.7B of cash, #onds, mutual funds, other paper assets- personal property likecars 4 intage collecti#les, and e en concept prototype cars from *orsche and 3c%aren5- and real estate property in 8ew 9ork, lorida, Bra:il, %ondon, rance, Berlin, and 3oscow. D left a will designating B and E her ultimate and uni ersal heir.

B and D has simulated the #irth of a child from 'hana, E, making it look like it was concei edand #orn through the maternal a enue of B.

;uestions<2=.5 >hat is the status of the criminal case? the dis#arment case?26.5 >as the udgment rendered #y (TC)Baguio, alid? Explain. 27.5 >as the dismissal #y "B*)Benguet, correct? [email protected] A now files #efore (TC)Baguio intestate proceedings for the estate of the late B. "f you arethe udge who inherits from B?21.5 A concurrently filed arious actions 4a#road5 to transfer the property of D to his name,arguing that #eing the only legal heir of B, he is ultimately the only person entitled to the Billions

Page 2: Questions

of D. E, thru counsel, opposed #y filing an action for prohi#ition with an urgent T($ to pre enthim and arious courts 4a#road, respecti ely5 to act upon the same. "s the course of A proper?

4The first #eing the multi)#illion dollar &uestion of heirship- and the second #eing thereco era#ility of a endee of an ad anced payment to a car later destroyed5

3r. D is the City %ocal Ci il (egistrar of the City %ocal 'o ernment of Baguio, and of course, a self)confessed perpetual irgin.

"n two separate occasion, %adderlene and ristianssen went to 3r. D!s office to secure for themsel es, their respecti e marriage licenses for two ery different marriages. 3r. D, #eing so #usy watching !hentai! in his office computer said persons to come #ack a week later.

After washing his hands of his fluids, that afternoon, 3r. D went into the records of %adderleneand ristianssen and found out that #oth indi iduals were once known as 3r. 3rs. Dumarep. /nfortunately, as per their respecti e records, a decree of a#solute nullity is appended thereto#ased on Art. 7 of the amily Code. Stated in the said appended decision that #oth spouses are suffering psychological incapacity, as contemplated in Santos s. CA and reiterated in(epu#lic s. 3olina.

/na#le to focus on his afternoon per ersity, he went to your office, and asked whether #y irtue of his duty as the city local ci il registrar of the City of Baguio, should he issue %adderlene andristianssen their respecti e marriage licenses for the purpose of remarriage- to differentpersons.

;uestions<

2=.5 >hat are the re&uisites of psychological incapacity under Art. 7 of the amily Code, as contemplated in the case of Santos s. CA and later reiterated in (epu#lic s. 3olina?

26.5 >hat is a ministerial duty4" know that this is within the am#it of political law5? "s theissuance of marriage licenses a ministerial duty?

Page 3: Questions

27.5 "f a marriage is oid a# initio- generally, is a decree of nullity necessary to make themarriage !in fact,! oid? Explain.

[email protected] >hat is the effect of the registration of the decree of nullity to the capacity of %adderleneand ristianssen to remarry?

21.5 Should 3r. D issue the marriage licenses of %adderlene and ristianssen, respecti ely? ustify.