PFR Quiz 1

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Read the facts.

Understand the question


before answering. Explain your answers
briefly and concisely in not more than three
sentences. Christina is a Filipino citizen, 30
years old but she resides in New York,
USA. While visiting a museum in New York,
she met her stepbrother, Johnny, 35 years
old, a Filipino citizen and a painter. She
purchased a painting form him to
transported to her Manila mansion. Johnny
learned that Christina is selling her farm lot
in Zambales. He agreed to buy it. He asked
his New York Attorney to draft the Deed of
Sale of the farm lot. After several weeks of
knowing each other, Christina and Johnny
became lovers. Johnny proposed to
Christina and gifted her with a diamond
ring. Johnny has minor children in New
York. They were born in the Philippines to
his former girlfriend from Brazil. He
regularly supports them from his earnings
as painter. After a year Johnny and
Christina got married in the Philippines.
Within a month from getting married,
Christina got pregnant. On the sixth month,
Christina prematurely delivered her child
who died due to complications the following
day.

1.What law shall governs the intrinsic


validity of the Contract of Sale of the
painting?

Answer: New York Law shall prevail. Article


17 of the Civil Code of the Philippines
provides that “the forms and solemnities of
public instruments, wills and contracts shall
be governed by the laws of the country
where they are executed.xxxx” Whereas, in
this case, Christina bought the painting
from Johnny in New York, therefore, New
York Law shall prevail.

2. What law shall govern the formalities of


the Deed of Sale of Real Properties?
Answer: Philippine Law shall prevail in this
case, wherein the farm which is considered
as real property bought by Johnny from
Christina is situated in Zambales,
Philippines, whereas, Article 16 of the New
Civil Code provides that “the real property
as well as personal property is subject to
the law of the country where it is
situated.xxxxx”

3. What law governs the intrinsic validity of


the donation of the diamond ring? Will your
answer be the same if the ring was
purchased in Europe but exported to the
US specifically for the occasion?

Answer: New York law will prevail. In this


case wherein Johnny is living Article 17 of
the New Civil Law provides, “Real property
as well as
4. What is the citizenship of Johnny’s
children?
Answer: Johhny’s children are both citizens
of the Philippines. Article 48, para 3 of the
New Civil Code provides that, “The
following are citizens of the Philippines……
(3)Those whose fathers are citizens of the
Philippines.” Whereas, in this case, Johnny
is a Filipino citizen, the father of the
children.

5. What law governs the amount of


support/entitlement of support of Johnny’s
children?
Answer: Philippine Law shall govern the
amount of support/entitlement of Johnny’s
children. Whereas, Johnny is a Filipino
citizen, according to article 15 of the new
civil code, with regards to the nationality
rule, regardless of where a citizen if the
Philippines might be, he or she will be
governed by Philippine Law with respect to
his family rights and duties.
6. What law governs the intrinsic validity of
their marriage?
In this case, Philippine law shall govern the
intrinsic validity of their marriage because
they got married in the Philippines.
Marriage is a form of contract, whereas,
article 17 of the new civil code provides that
forms and solemnities of the contract shall
be govern by the country in which they are
executed.

Will your answer be the same if they were


married in Paris, France?
Answer: no, because as stated in the article
17 of the new civil code, forms and and
solemnities of contract shall govern by the
law of the country in which they are
executed. In which case, Paris, France Law
shall prevail.
7. What law govern the formal requisites of
the marriage between Johnny and
Christina? Will your answer be the same if
they were married in California, USA?

Answer: Philippine Law shall govern the


formal requisites of the marriage between
Johnny and Christina because they got
married in the Philippines wherein Article 17
provides that the formalities of their
marriage shall be govern by the country in
which it was executed. In which case, they
were married in the California, USA , then,
California, USA Law shall govern such.

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