[Lawrence Lloyd K.

Lim]
[Lawrencelloydlim@yahoo.com]
MEMORANDUM
Re: Legal consultation
Date: Oct. 15, 2015

This is to address the current dilemma of my client Ms. Kim Rosa and aid
her in here legal questions regarding support, ownership, donations.
I.

Facts

My client is currently 7 months pregnant with her ex-boyfriend Mr. Butch

Cruz whom abandoned her 3 months ago and whom she later found out to be
married during their cohabitation. She would now like to know if she may claim
child support together with half of the medical expenses for child birth, demand
the return or compensation for an electric fan, a mini refrigerator, and a pair of
slippers which belonged to Kims brother borrowed by Mr. Butch Cruz, demand
from the latter half of the payment for 3 months of rent the same has agreed to
pay.
Also she would like to know who has ownership over the car they bought
through join efforts while they were living together, and whether or not she has to
return the pearl earrings given to her by Mr. Butch Cruz on their first anniversary.
II.

Issues

(a) Whether or not she can claim support.

(b) Whether or not she can claim child support and half of the medical
expenses for child birth.
(c) Whether or not she can demand the return or compensation for an
electric fan, a mini refrigerator, and a pair of slippers which belonged to
her brother borrowed from her by Mr. Butch.
(d) Whether or not she can demand for half of the payment for 3 months of
rent Mr. Butch Cruz agreed to pay.
(e) Whether or not she has to return the pearl earrings given to her by Mr.
Butch Cruz on their first anniversary
(f) Who has ownership over the car they bought through join efforts while
they were living together.

LAWRENCE LIM LAW OFFICES

III.

MEMORANDUM

Conclusion

Considering the facts and the applicable laws Ms. Kim Rosa may claim
support for herself and the child she is pregnant with and may demand payments
for half of the expenses that would be incurred for childbirth.
She may also demand for the return or payment for the things borrowed
by Mr. Butch Cruz which belonged to her, but with regard to the slippers which
belonged to her brother the return or compensation of which is conditional.
She may demand from Mr. Butch Cruz the payment for 3 months of rent
for her apartment the he agreed to pay.
The donation made to her by Mr. butch is void and therefore she must
return the earrings.
The car they bought toghether through join efforts are owned by them in
equal share.
IV.

Discussion

On the matter of support, 1Ms. Kim Rosa may demand Mr. Butch Cruz to
support her, their child, and pay for half of the medical expenses for childbirth on
the ground of Section 3 Psychological violence of RA 9262 or Anti-Violence
Against Women and Their Children Act of 2004, for the damages she have
suffered from being abandoned and impregnated. 2She may also may demand
support for the child she is bearing on grounds of Art. 195 (4) of the family code.
Which obliges the parents to give support for their illegitimate children.
On the matter of the items she seeks to be returned, 3she may invoke Art.
428 of the civil code which gives her the right to decide who may enjoy or utilize
her property. 4She may also invoke Art. 22 of the civil code which prohibits unjust
enrichment to demand compensation for the items borrowed. But in regard to the
1An Act Defining Violence Against Women And Their Children,
Providing For Protective Measures For Victims, Prescribing Penalties
Therefore, And For Other Purposes [Anti-Violence Against Women and
Their Children Act of 2004] Republic Act No. 9262 3
2

FAMILY CODE,

ART. 195.

3 An Act To Ordain And Institute The Civil Code Of The Philippines [ CIVIL
CODE] Republic Act No. 386 art. 428.(1950)

LAWRENCE LIM LAW OFFICES

MEMORANDUM

slippers she first needs to ask her brother to give her the right to demand for the
return or payment for the slippers.
On the matter of the agreed rent, Ms. Kim Rosa need to prove that Mr.
Butch Cruz benefited from her apartment. 5 This is because the agreement they
had is not binding under Art. 1357 and 1358 of the civil code for not being in
writing. 6However if Ms. Kim Rosa can prove the Mr. Butch Cruz has benefited
from the apartment, she may invoke Art. 19 of the civil code and demand from
the latter his share of the rent.
On the matter of the pearl earings, 7the donation was void under Art. 739
of the civil code. This is because it was made between parties guilty of
concubinage and therefore she mush return the pearl earrings.
On the matter of the ownership of the car, 8the car is owned by them in
equal share. Kim Rosa owns owns half of the car while Butch Cruzs share shall
accrue to the absolute community of property or to the conjugal partnership of
gains of his marriage. This is because their acquisition of the car is governed by
Art. 148 of the family code.

V.

Recommended Action

I highly recommend her to discuss the claims to Mr. butch and ask him to
give her what she is due namely support, child support, half of the medical
expense for child birth,half of the payment for 3 months of rent Mr. Butch Cruz
agreed to pay,and the return of payment for the objects borrowed from her,
without judicial intervention to minimize costs and to save time. But if Mr. butch
so refuses, filing a case for the enforcement of her right would be the proper
remedy for her rights are protected by law.

4 Id. art. 22.

5 Id. art 1357-1358.
6 Id. art 19.
7 Id. art. 739.
8

FAMILY CODE,

art. 148.