Posted in Civil Law case digests

2015 Civil Law Bar Q&A

I.

Alden and Stela were both former Filipino citizens. They were married in the Philippines but they later migrated to the United States where they were naturalized as American citizens. In their union they were able to accumulate several real properties both in the US and in the Philippines. Unfortunately, they were not blessed with children. In the US, they executed a joint will instituting as their common heirs to divide their combined estate in equal shares, the five siblingsand of Alden the seven siblings of Stela. Alden passed away in 2013 and a year later, Stela also died. The siblings of Alden who were all citizens of the US instituted probate proceedings in a US court impleading the siblings of Stela who were all in the Philippines.

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Posted in Civil Law case digests

1993- 2006 Civil Law Q&A (Family Code)

Emancipation (1993)

Julio and Lea, both 18 years old, were sweethearts. At a party at the house of a mutual friend. Lea met Jake, also 18 years old, who showed interest in her. Lea seemed to entertain Jake because she danced with him many times. In a fit of jealousy, Julio shot Jake with his father’s 38 caliber revolver which, before going to the party he was able to get from the unlocked drawer inside his father’s bedroom. Jake died as a result of the lone gunshot wound he sustained. His parents sued Julio’s parents for damages arising from quasi-delict. At the time of the incident, Julio was 18 years old living with his parents. Julio’s parents moved to dismiss the complaint against them claiming that since Julio was already of majority age, they were no longer liable for his acts.

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Lam Swee Sang vs. The Commonwealth of the Philippines GR No. 47623 September 16, 1947

FACTS:

                On October 15, 1947, the court ordered for the dismissal of the application for naturalization of the application Lam Swee Sang. The court ruled the applicant for naturalization was a Filipino citizen since although his father was Chinese, his mother FIlipno, he was born in Sulu, Philippines.  The Solicitor General on October 21, 1947, filed a motion for reconsideration contending that petitioner is not a Filipino citizen for the reason that the laws in force at the time of the birth of the petitioner, even if his parents were legally married (but no mention of it in the petition), the principle of jus soli could not be assailed. Continue reading “Lam Swee Sang vs. The Commonwealth of the Philippines GR No. 47623 September 16, 1947”