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Question 13

2022 Bar · Civil Law · 1 sub-question

1. Noel is the son of spouses Marie and Benedict. Benedict has passed away. For Noel’s 7th birthday, his paternal grandparents offered and pay for his birthday party. In coordination with Marie, the grandparents booked the party venue, signed the contacts with the caterer and the entertainers, finalized the guest list,and paid all amounts due. Marie promised to them to bring Noel to the party. A week before the scheduled birthday party, Marie decided that she would not bring Noel to the party, and that she would instead take him on an out-of-town trip on the day of the party. Marie could never forget that her oarents-in-law initially opposed Benedict’s marriage to her because she was a former burlesque dancer. Marie did not notify the grandparents of her plan to skip the birthday party. During the party, the grandparents kept trying to get in touch with her but she ignored all their calls. The grandparents and the guests who went to the party were very dismayed that Noel was not present. When the grandparents asked Marie why she did not bring Noel to the party, she simply replied, “I am his mother, and I decide where he goes!” To which, Noel’s grandmother retorted, “ Anak mo lang s’ya! Hindi mo s’ya pag-aari!” The grandparents seek your advice on whether there is legal basis to hold Marie liable for the damages that they have suffered as a result of her acts. What is your advice? Explain briefly. (5 points)

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