Question X, Civil Law, 2018 Bar Exam

Sinclair and Steffi had an illicit relationship while Sinclair was married to another. The relationship produced a daughter Sabina, who grew up with her mother. For most parts of Sabina’s youth, Steffi spent for her support and education. When Sabina was 21 years old, Sinclair’s wife of many years died. Sinclair and Steffi lost no time in legitimizing their relationship. After the 40-day prayers for Sinclair's late wife, Sinclair and Steffi got married without a marriage license, claiming that they have been cohabiting for the last 20 years.

After graduating from college, Sabina decided to enroll in law school. Sinclair said that he was not willing to pay for her school fees since she was no longer a minor. Sinclair claimed that, if Sabina wanted to be a lawyer, she had to work and spend for her law education.

(a) What is Sabina's filiation status? (2.5%)

(b) Is Sinclair legally required to finance Sabina's law education? (2.5%)

Suggested Answer:

(a) Sabina is an illegitimate child. Answer

Under the Civil Code, children conceived and born outside a valid marriage are illegitimate, unless otherwise provided by law. Further, only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated. Rule

In the case at bar, Sabine was conceived and born outside a valid marriage as her parents Sinclair and Steffi were not married. Further, sh...

 



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