[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-0-en-105":3,"doc-seo-320092-105":59,"doc-detail-320092-en":130},{"code":4,"msg":5,"data":6},0,"success",[7,13,18,23,28,33,38,43,48,51,55],{"id":8,"doc_module":4,"doc_module_name":9,"category_name":10,"show_sort_weight":11,"slug":12},1,"Document","Story & Novel",90,"story-novel",{"id":14,"doc_module":4,"doc_module_name":9,"category_name":15,"show_sort_weight":16,"slug":17},2,"Literature",80,"literature",{"id":19,"doc_module":4,"doc_module_name":9,"category_name":20,"show_sort_weight":21,"slug":22},4,"Exam",70,"exam",{"id":24,"doc_module":4,"doc_module_name":9,"category_name":25,"show_sort_weight":26,"slug":27},5,"Comic",60,"comic",{"id":29,"doc_module":4,"doc_module_name":9,"category_name":30,"show_sort_weight":31,"slug":32},6,"Technology",50,"technology",{"id":34,"doc_module":4,"doc_module_name":9,"category_name":35,"show_sort_weight":36,"slug":37},7,"Healthcare",40,"healthcare",{"id":39,"doc_module":4,"doc_module_name":9,"category_name":40,"show_sort_weight":41,"slug":42},8,"Research & Report",30,"research-report",{"id":44,"doc_module":4,"doc_module_name":9,"category_name":45,"show_sort_weight":46,"slug":47},9,"Religion & Spirituality",20,"religion-spirituality",{"id":46,"doc_module":4,"doc_module_name":9,"category_name":49,"show_sort_weight":46,"slug":50},"World Cup","world-cup",{"id":52,"doc_module":4,"doc_module_name":9,"category_name":53,"show_sort_weight":52,"slug":54},10,"Lifestyle","lifestyle",{"id":56,"doc_module":4,"doc_module_name":9,"category_name":57,"show_sort_weight":24,"slug":58},19,"General","general",{"code":4,"msg":60,"data":61},"ok",{"site_id":62,"language":63,"slug":64,"title":65,"keywords":66,"description":67,"schema_data":68,"social_meta":123,"head_meta":125,"extra_data":127,"updated_unix":129},105,"en","2015-civil-law-bar-examinations-suggested-answers","2015 Civil Law Bar Examinations - Suggested Answers","","2015 University of Santo Tomas Civil Law Bar Examinations provide suggested answers to three legal questions. The first addresses validity of a joint will executed by former Filipino citizens after naturalization, its effect on Philippine properties, and whether the scenario constitutes depecage. The second examines the validity of a spouse’s sale of property used for children’s education without the other spouse’s consent. The third considers recognition of an illegitimate child after the putative father’s death and the propriety of a compromise regarding inheritance rights.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":20,"@type":76,"position":81},"https://docshare.wps.com/document/exam/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/2015-civil-law-bar-examinations-suggested-answers/320092/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/2015-civil-law-bar-examinations-suggested-answers/320092.png","ImageObject",300,407,{"name":92,"@type":93},"Miles","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-11-07","2026-09-21",true,{"@type":102,"interactionType":103,"userInteractionCount":44},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"Was the joint will executed by Alden and Stela valid, and what legal basis applies?","Question",{"text":112,"@type":113},"Yes. Since they were no longer Filipino citizens at the time of execution, the Civil Code prohibition on joint wills no longer applies. The will is valid if executed in accordance with the law governing execution and is recognized under Article 816.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"Can the joint will produce legal effect in the Philippines regarding properties located there?",{"text":117,"@type":113},"Yes. The distribution is governed by the parties’ national law at the time of their demise, so the joint will can operate even as to Philippine-located properties.",{"name":119,"@type":110,"acceptedAnswer":120},"Is an action for recognition of an illegitimate child allowed after the putative father’s death, and should a compromise be approved?",{"text":121,"@type":113},"No, if the child failed to file during the putative father’s lifetime and was already 18 at the time of death. A compromise should also be disapproved because filiation is determined by law and cannot be stipulated by the parties.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},320092,1790061279,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":19,"category_name":20,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":44,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":139,"language":140,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":141,"faqs":142,"seo_title":143,"seo_description":67,"update_tm":144,"read_time":145,"preview_page_count":4},13056703019404,"https://ap-avatar.wpscdn.com/davatar_29158cc5080c5b710cf443261637dec0","UNIVERSITY OF SANTO TOMAS  \nSUGGESTED ANSWERS  \n2015 CIVIL LAW BAR EXAMINATIONS  \nBy: Assoc. Dean Viviana M . Paguirigan  \nI.  \nAlden 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.  \na) Was the joint will executed by Alden and Stela who were both former Filipinos valid? Explain with legal basis. (3%)  \nb) Can the joint will produce legal effect in the Philippines with respect to the propertiesand of Alden Stela found here? If so, how? (3%)  \nc) Is the situation presented in Item I an example of depe9age? (2%)  \nSUGGESTED ANSWER:  \na) Yes, the joint will of Alden and Stela is considered valid. Being no longer Filipino citizens at the time they executed their joint will, the prohibition under our Civil Code on joint wills will no longer apply to Alden and Stela. For as long as their will was executed in accordance with the law of the place where they reside, or the law of the country of which they are citizens or even in accordance with the Civil Code, a will executed by an alien is considered valid in the Philippines. (Article 816)  \nb) Yes, the joint will of Alden and Stela can take effect even with respect to the properties located in the Philippines because what governs the distribution of their estate is no longer Philippine law but their national law at the time of their demise. Hence, the joint will produces legal effect even with respect to the properties situated in the Philippines.  \nc) No, because depecage is a process of applying rules of different states on the basis of the precise issue involved. It is a conflict of laws where different issues within a case may be governed by the laws of different states. In the situation in letter (a) no conflict of laws will arise because Alden and Stela are no longer Filipino citizens at the time of the execution of their joint will and the place of execution is not the Philippines.  \nII.  \nMarco and Gina were married in 1989. Ten years later, or in 1999, Gina left Marco and lived with another man, leaving their two children of school age with Marco. When Marco needed money for their children's education he sold a parcel of land registered in his name, without Gina's consent, which he purchased before his marriage. Is the sale by Marco valid, void or voidable? Explain with legal basis. (4%)  \nSUGGESTED ANSWER:  \nThe sale made by Marco is considered void. The parties were married in 1989 and no mention was made whether they executed a marriage settlement. In the absence of a marriage settlement, the parties shall be governed by absolute community of property whereby all the properties owned by the spouses at the time of the celebration of the marriage as well as whatever they may acquire during the marriage shall form part of the absolute community. In ACP, neither spouse can sell or encumber property belonging to the ACP without the consent of the other. Any sale or encumbrance made by one spouse without the consent of the other shall be void although it is considered as a continuing offer on the part of the consenting spouse upon authority of the court or written consent of the other spouse. (Article 96 FC)  \nIII.  \nJulie had a relationship with a married man who had legitimate children. A son was born out of that illicit relationship in 1981. Although the putative father did not recognize the c","cbCaifkhZUuK3ksA","https://ap.wps.com/l/cbCaifkhZUuK3ksA","pdf",362368,14,"English","# Suggested Answers\n## I. Joint Will of Alden and Stela\n## II. Sale of Property by Marco Without Gina’s Consent\n## III. Recognition of an Illegitimate Child After Putative Father’s Death","[{\"question\":\"Was the joint will executed by Alden and Stela valid, and what legal basis applies?\",\"answer\":\"Yes. Since they were no longer Filipino citizens at the time of execution, the Civil Code prohibition on joint wills no longer applies. The will is valid if executed in accordance with the law governing execution and is recognized under Article 816.\"},{\"question\":\"Can the joint will produce legal effect in the Philippines regarding properties located there?\",\"answer\":\"Yes. The distribution is governed by the parties’ national law at the time of their demise, so the joint will can operate even as to Philippine-located properties.\"},{\"question\":\"Is an action for recognition of an illegitimate child allowed after the putative father’s death, and should a compromise be approved?\",\"answer\":\"No, if the child failed to file during the putative father’s lifetime and was already 18 at the time of death. A compromise should also be disapproved because filiation is determined by law and cannot be stipulated by the parties.\"}]","2015 Civil Law Bar Examinations - Suggested Answers | PDF",1789949137,35]