ATTY. AYLWARD M.

CONSULTA
LEGAL RESEARCH/ LEGAL RESEARCH AND WRITING
MIDTERM EXAM

Submit a Legal Opinion depending on your case number.

1. Maria Ozawa and Nico, both Filipinos, were married by a Catholic
priest in Cathedral Church, Cebu City in 2014. Nico was drunk on
the day of his wedding, in fact, he slumped at the altar soon after
the ceremony. After their marriage, Nico never had a steady job
because he was drunk most of the time. Nico refused to be
employed, refused to take care of his child, and refused to perform
his marital obligations to Maria Ozawa due to his addiction to
alcohol. Accordingly, it was Maria Ozawa who had to earn a living to
support herself and her child begotten with Nico.
In 2016, Maria Ozawa filed a petition in the church matrimonial
court in Cebu City to annul her marriage with Nico on the ground of
psychological incapacity for his refusal to comply with his marital
obligations. Her petition was granted by the church matrimonial
court.
Maria Ozawa, after knowing that her petition was granted by the
matrimonial court, intends to file a Petition for Nullity of Marriage in
the Regional Trial Court of Cebu City, on the ground of psychological
incapacity for Nicos refusal to comply with his marital obligations.
Maria Ozawa inquired from your law firm whether or not Nicos
refusal to comply with his marital obligations will warrant her
marriage to be declared by the court as null and void under Article
36 of the Family Code?
2. Shalz and Bernard are business partners who co-owns a parcel of
land located at Cebu Business Park.
Moby, who is presently occupying the parcel of land owned by Shalz
and Bernard, got with a fight with the business partners in the
Amber Lounge Party Singapore during the Formula 1 night race.
Angered by this incident, Bernard filed a case against Moby for
ejectment in the Regional Trial Court of Cebu City. The case went up
to the Supreme Court, and the High Tribunal ruled that since Moby

was able to present a notarized lease contract over the subject

parcel of land located in Cebu Business Park, which was executed by
Moby and the previous owner, where Shalz and Bernard bought the
property from, Moby cannot be ejected from the said property.
Two years after the Supreme Court decision, Shalz, who now lives in
Bonifacio Global City, Taguig, filed a case for ejectment against
Moby in the Regional Trial Court of Taguig City.
Moby is now asking your law firm whether or not the case of Shalz
can proceed despite the fact that a case was filed by Bernard
against him in the Regional Trial Court of Cebu City over the same
parcel of land.
3. Jojo, who owns a manufacturing company for cellular phones, has
several incidents of theft in his company. In order to arrest these
incidents, and in order to determine the responsible employees
guilty of stealing his cellular phones, he will be implementing a
company policy for his employees to be subjected to lie detector
tests. Jojo approached your law firm to inquire whether a lie detector
test result is substantial evidence to prove the guilt of his employees for
stealing his products.

4. Adam was married to his long time girlfriend Anne Curtis. In pursuit
of greener pastures, Adam worked in a New York based law firm as
an Associate Lawyer for 3 years. During his stay, he was
romantically involved with Rachel Zane a paralegal in the same
firm. Adam further married her when they were on a stupendous
vacation in Las Vegas. Thereafter, Adam and Rachel Zane decided
to celebrate their honeymoon in Cebu City.
Anne Curtis would like to inquire your law firms legal opinion
whether (1) the marriage of Adam with Rachel Zane is valid and (2)
whether Adam can be prosecuted with bigamy.
5. Shalz, a Filipino, and Daenerys Targaryen, an American, both
residents of California, decided to get married in their local parish.
Two years after their marriage, Daenerys Targaryen obtained a
divorce in California. While in Cebu City, Shalz met Kathy, a Filipina,
who was vacationing there. Shalz fell in love with her. After a brief
courtship and complying with all the requirements, they got married
in Hongkong to avoid publicity, it being Shalz's second marriage.
After their honeymoon in Hongkong, Shalz set an appointment with
your law firm and inquired your advise whether his marriage to
Kathy is valid.