Persons and Family Relations Sample Midterm Exam

Persons and Family Relations Midterm Exam. 1. A law was passed providing for its immediate effectivity. a) Does this mean that its immediate effectivity provision would dispense with the publication requirement? (5 points) b) May the 15-day period of publication be reduced or extended? (5 points) 2. Accused was charged under R.A. 6425 and was sentenced to life imprisonment. While on appeal, RA 7659 reducing the penalty for the offense depending upon the weight was enacted. Can the law be applied to the accused? Why? (5 points) 3. A is the owner of an apartment, which is being leased to B, who has not been paying his rental for the last ten months. A, while B was away, entered into the premises, brought out the things belonging to B and padlocked the premises preventing B from entering into it. B sued for damages. A interposed the defense that he was just exercising his rights as owner of the premised. Decide. (5 points) 4. A and B are married. They have two (2) children, C and D. C is married to X and they have a son E. Y is married to D and they have a daughter F. E and F got married. Is their marriage valid? Why? (5 points) 5. Maria and Luis, both Filipinos, were married by a Catholic priest in Lourdes Church, Quezon City in 1992. Luis was drunk on the day of his wedding. In fact, he slumped at the altar soon after the ceremony. After marriage, Luis never had a steady job because he was drunk most of the time. Finally, he could not get employed at all because of drunkenness. Hence, it was Maria who had to earn a living to support herself and her child begotten by Luis. In 1996, Maria filed a petition for annulment of marriage in the church on the ground of psychological incapacity to comply with his marital obligations. Her petition was granted by the church matrimonial court. a) Can Maria now get married legally to another man under Philippines laws after her marriage to Luis was annulled by the church matrimonial court? Why? (5 points) b) What must Maria do to enable her to get married lawfully to another man under Philippine laws? (5 points) 6. A and B are married. A has been absent for a period of five (5 ) years without B knowing his whereabouts. B then got married to C, without prior declaration of A’s presumptive death. a) Is the marriage valid? (5 points) b) Suppose, in the problem given above, it was A who got married. Is the marriage valid? (5 points) 7. X, and MTC judge of Manila, was invited to attend a marriage celebration in Baguio City. Since Y, the Judge who was suppose to solemnize the marriage was unable to attend , he was asked to solemnize the marriage. Is the marriage valid? Why? (5 points) 8. Suppose A justice of the Court of Appeals who is a resident of Quezon City a marriage in Baguio City while on vacation, is the marriage valid? (5 points) 9. The petitioner while far from home received some information on the acts of infidelity of his wife. So he went home to verify the truthfulness of the alleged infidelity. He sought for his wife and after finding her, convinced her to go with him and live as husband and wife. After two days of living as husband and wife, A, the husband, tried to extract the truth about his wife’s unfaithfulness but B, the wife, instead of answering his query, merely packed up her things and left him. A took that gesture as a confirmation of the imputation. 10. A, a law student courted B, a neighbor. B is married to C, a first-degree cousin. When B informed A of her marriage to C, A told her that nothing would happen to her marriage considering that it is void. A, then persisted in courting B, offering to marry her , until B consented. They got married. After A fathered a child, he left the conjugal dwelling for no reason at all and later on B found that he has gotten married to D. In a disbarment proceeding, he contended that his marriage to B is void, hence, there was no need to have it declared void. Is his contention proper? Why? (10 points) 11. A and B are married. Their marriage was declared void. After the decision became final, A got married to C. is the marriage valid? Why? (10 points) 12. A, an American citizen marriage B, a Filipino, while the former was vacationing in manila. When they went to the US, A was divorced by B due to irreconcilable conflicts. The decree capacitated A to remarry under US laws. Can B get married in the Philippines? Why? (10 points) 13. Is the rule that for as long as there is a valid existing marriage, a person cannot contract a subsequent marriage absolute? Why? (5 points)

CONSTITUTIONAL LAW 1 - MIDTERM EXAMS 1. a. Explain the effects of the provisions of the UN Convention of the Law of the Sea as far as the sovereignty of the Philippines over its internal waters. (5%) b. Congress enacted a law dividing the Philippines into three regions (Luzon, Visayas, and Mindanao) each constituting an independent state, but under a central government known as Philippine Federal Government. Discuss the constitutionality of the law. (5%) 2. Barely a year in office, President Estrada was deposed by a mass and broad based peaceful people’s revolution. In the meantime, President Estrada questioned his ouster before the Supreme Court as unconstitutional as he was elected for a six-year term to expire yet in year 2004. Sitting en banc, the Supreme Court justices deliberated on the case. If you were the ponente for the Court, how would you rule on the contention of President Estrada? What principle of government would you apply? (10%) 3. The Philippines is a signatory to the World Trade Organization. The organization requires among others signatories to the agreement to accord other signatories treatment no less favorable than that accorded its own nationals. A group of taxpayers questioned the Philippines entry to such an agreement on the following grounds: a) it impairs our sovereignty as the agreement prevents Congress from enacting laws for the national interest or general welfare. (5%) b) it violates Section 19, Article II which requires the State to develop a self reliant and independent national economy controlled by Filipinos. (5%) 4. Due to urgent need of funds to finance the rehabilitation of areas in the county ravaged by recent typhoons, the President certifies to Congress the passage of a tax measure empowering the President to increase the tax rates on income at his discretion. Accordingly, Congressman Kik Bach filed a bill in the Lower House. Subsequently, Senator Jia Worksi filed a bill at the Senate proposing an improved version of the bill. To reconcile both bills, the bicameral conference committee of both houses hammered a compromise version which was sent to both houses for its passage. The compromise bill was eventually passed by both houses. After the Senate President and Speaker of the House affixed their signatures, the bill was presented to the President who immediately signed it. One Congressman questions the constitutionality of the law on the following grounds: a. The Bill that was passed by both houses was not the original one which was filed earlier with the Lower House in violation of Section 24. (5%) b. The bill did not pass through three (3) readings in separate days and neither were printed copies of the bill furnished to the members of Congress three (3) days before the third reading. (5%) c. There were provisions in the tax measure which were not part of the versions of both houses and this could be proven by referring to the legislative journal. (5%) d. There is undue delegation of legislative power. (5%) How would you traverse the arguments? Explain. 5. a. Legislative power resides in Congress. How may the President be a part of the legislative process? (5%) b. Under the Constitution, what is the respective role of the House of Representatives and senate in the conduct of foreign affairs? (5%) 6. President Erap signed into a law the Appropriations Act for 1999 passed by Congress but he vetoed separate items therein, among which is a provision stating that “the President may not increase an item of appropriation by transfer of savings from other items.” The Lower House chooses not to override the veto. The Senate however proceeds to consider two options: 1) to override the veto and 2) to challenge the constitutionality of the veto before the Supreme Court. a) Is option no. 1 viable? If so, what is the vote required? (5%) b) Is option No. 2 viable? If not, why not? If viable, how should the Court decide the case? (5%) 7. a) In October 1998, barely four months after the national elections, members of Congress enacted a law increasing their salaries at a uniform rate of P 1 Million a year and made effective on year 2002. Is the law valid? (5%) b) Atty. Toling ran for Congress and won. He was proclaimed by the Comelec. His opponent, Atty. *****, wondered how come he lost to his opponent, Atty. Toling, when the latter is a deaf-mute. For purposes of disqualification, before what body should the disqualification case be filed? May the case prosper? In cases of unfavorable verdict, may recourse to a higher body possible? On what grounds? (5%) 8.

a) Part of the fundamental principles in our Constitution is the “Separation of the Church and the State.” Yet, in the same constitution, properties of the church are exempt from taxation. Reconcile the apparent inconsistency. (5%) b) May Congress pass a law totally exempting Churches, sects and religious denominations exempt from all forms of taxation? (5%) 9. Atty. Romy Caloscos ran and won as a Congressman representing the lone congressional district of Benguet. a) Upon assumption of office, what must Atty. Romy Caloscos do? (5%) b) Suppose, he was charged before the Municipal Trial Court of Baguio for violation of BP 22. May he enter his appearance to defend himself? (5%)