2013 (Remedial Law) Bar Exam Questions: Essay Question 2

[Answer/discuss the question below. Or jump to Remedial Law Essay Questions: 13, 4, 5, 6, 7, 8, 9 and 10; Remedial Law Multiple Choice Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20; See also Remedial Law Instructions and 2013 Bar Exam: Information, Discussions, Tips, Questions and Results]

II.

Yvonne, a young and lonely OFW, had an intimate relationship abroad with a friend, Percy. Although Yvonne comes home to Manila every six months, her foreign posting still left her husband Dario lonely so that he also engaged in his own extramarital activities. In one particularly exhilarating session with his girlfriend, Dario died. Within 180 days from Dario’s death, Yvonne gives birth in Manila to a baby boy. Irate relatives of Dario contemplate criminally charging Yvonne for adultery and they hire your law firm to handle the case.

II(A) Is the contemplated criminal action a viable option to bring? (3%)

II(B) Is a civil action to impugn the paternity of the baby boy feasible, and if so, in what proceeding may such issue be determined? (5%)

13 comments

    1. Hula ko nlng sagot ko dito. I remember, my answer was..Yes. a civil action is feasible considering that under the law, an action of this nature may be filed within five year upon the death of the father, and such action is governed by special proceeding cognizable by special court.

      Huh, ng nerebyo ko, mukhang sabit,, kumbaga, pera na naging bato pa, huh, naguluhan me lalo.

  1. A. court has no jurisdiction crime committed outside the country

    B. Settlement of the estate allowed to impugn filiation of an heir for purposes of determining who the heirs are and their shares.

    I think…. hahaha

  2. Sagot ko sa A, cannot be prosecuted without the offended party (husband).

    As to B, medyo bitin ata sagot ko, I based it sa Family Code provision sa paternity and filiation. Sabi ko within 180days of first marriage therefore child is presumed to belong the first (in this case only existing marriage). Sabi ko can only be impugned by the husband/father during his lifetime. Medyo bitin, kasi pwede ata siya i-impugn ng relatives up to a certain number of years. Hehehe.

  3. I remember a professor saying that there is no such thing as a petition for recognition (to force acknowledgment of a child). I never understood why it’s not possible. Could someone please explain why? (Or maybe I misheard?) :/

    1. I’m not quite sure I got your entire point greenapple, but from what I do understand, a child may petition for recognition of legitimacy during his lifetime (Family Code). In this case however, the child is presumed legitimate since there is no question as to the validity of the marriage of the parents even though the child was born after the father’s death. Add ko lang sa answer ni Pong, I don’t think pwede i-assail ng relatives nung deceased husband ang legitimacy nung child since hindi sila heirs in the strictest sense of the word – wala sa facts na compulsory heirs sila.

      1. My question is not really related to this particular bar question. 😀 It’s more concerned to what if an illegitimate child wants his still living father to recognize him. I thought a petition for recognition is plausible until a professor said there is no such thing as a petition for recognition. I possibly misunderstood him though. Thanks Astra. 🙂

      2. I think tama ang professor mo na there is no such thing as petition for recognition because no one can be forced to recognize any body as his own child kasi nga wala naman tayo law for that, what we have are presumptions and proof of filiation whether legitimate or illegitimate, so kung meron kang proof whether primary or secondary depending kung legitimacy or illegitimacy at whether during lifetime or otherwise ng putative father you dont need to petition to be recognized because the law itself particularly the family code will recognize your rights if you have such proofs or the presumptions in your favor remains uncontradicted.

Leave a Reply

Your email address will not be published. Required fields are marked *