Persons and Family Relations PFR Questions: I. What is the rule on the application of laws? Is it absolute? II.

What is the rule on mixed marriage under Article 26 of the Family Code of the Philippines? Explain. III. What is marriage and what is the policy of the government on marriage? Explain. IV. Distinguish Juridical Capacity and Capacity to Act. Give illustrative explanation. V. Why publication of laws should be in its entirety and not its abbreviated form? Explain. Answers: I. Prospectivity of laws is the general rule Art. 4 New Civil Code - Laws shall have no retroactive effect, unless the contrary is provided. As a general rule, laws shall have prospective effects only.There are, however, certain exceptions, such as: a.) when the law provides for its retroactivity; b.) when the law is penal in nature and which is favorable to the accused who is not a habitual delinquent or recidivist; c.) when the law is procedural in nature; d.) when it creates new substantive rights; e.) when the law is curative in nature; f.) when it is interpretative of other laws. II. Art 26 Family Code - All marriages outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Art. 35 (1), (4), (5), 36, 37 and 38. When a marriage between a Filipino citizen and foreigner is validly celebrated and a divorce is thereafter validly obtained by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (as amended by EO 227) III. Art. 1 - Family Code - Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this code.

Sample Midterm Exams Persons and Family Relations 1 | P a g e

Sample Exam Questions: 1. While in Afghanistan, a Japanese by the name of Sato sold to Ramoncito, a Filipino, a parcel of land situated in the Philippines which Sato inherited from his Filipino mother. a.) What law governs the formality in the execution of the contract of sale? Explain your answer and give its legal basis. b.) What law governs the capacity of the Japanese to sell the land? Explain your answer and give its legal basis. c.) What law governs the capacity of the Filipino to buy the land? Explain your answer and give its legal basis. 2. Yvette was found to be positive for HIV virus, considered sexually transmissible. Her boyfriend, Joseph was aware of her condition and yet married her. After two (2) years of cohabiting with Yvette, and in his belief that she would probably never be able to bear him a healthy child, Joseph now wants to have his marriage with Yvette annulled. Yvette opposes the suit contending that Joseph is estopped from seeking annulment of their marriage since he knew even before their marriage that she was afflicted with HIV virus. Can the action of Joseph for annulment of his marriage with Yvette prosper? Discuss fully. 3. Isidro and Irma, Filipinos, both 18 years of age, were passengers of Flight No. 317 of Oriental Airlines. The plane they boarded was of Philippine registry. While en route from Manila to Greece, some passengers hijacked the plane, held the chief pilot hostage at the cockpit and ordered him to fly instead to Libya. During the hijacking, Isidro suffered a heart attack and was on the verge of death. Since Irma was already 8 months pregnant by Isidro, she pleaded the hijackers to allow the assistant pilot to solemnize her marriage with Isidro. Soon after the marriage, Isidro expired. As the plane landed in Libya, Irma gave birth. However, the baby died a few minutes after complete delivery. Back in the Philippines, Irma immediately filed a claim for inheritance. The parents of Isidro opposed her claim contending that the marriage between her and Isidro was void ab initio on the following grounds: (a) they had not given their consent to the marriage of their son; (b) there was no marriage license; (c) the solemnizing officer had no authority to perform the marriage; and (d) the solemnizing officer did not file an affidavit of marriage with the proper civil registrar. Resolve each of the contentions (a to d) raised by the parents of Isidro. Discuss fully. 4. Ana Rivera had a husband, a Filipino citizen like her, who was among the passengers on board a commercial jet plane which crashed in the Atlantic Ocean ten (10) years earlier and had never been heard of ever since. Believing that her husband had died, Ana married Adolf Cruz Staedtler, a divorced German national born of a German father and a Filipino mother residing in Stuttgart. To avoid being required to submit the required certificate of capacity to marry from the German Embassy in Manila, Adolf stated in the application for marriage license that he was a Filipino citizen. With the marriage license stating that Adolf was a Filipino, the couple got married in a ceremony officiated by the Parish Priest of Calamba, Laguna in a beach in Nasugbu, Batangas, as the local parish priest refused to solemnize marriages except in his church. Is the marriage valid? Explain fully. (Bar Question) 5. At age 18, Marian found out that she was pregnant. She insured her own life and named her unborn child as her sole beneficiary. When she was already due to give birth, she and her boyfriend Pietro, the father of her unborn child, were kidnapped in a resort in Bataan where they were vacationing. The military gave chase and after one week, they were found in an abandoned hut in Cavite. Marian and Pietro were hacked with bolos. Marian and the baby delivered were both found dead, with the baby's umbilical cord already cut. Pietro survived. a.) Can Marian's baby be the beneficiary of the insurance taken of the life of the mother? b.) Between Marian and the baby, who is presumed to have died first? c.) Will Pietro, as surviving biological father of the baby, be entitled to claim the proceeds of the life insurance on the life of Marian? (Bar Question) 6. Roderick and Faye were high school sweethearts. When Roderick was 18 and Faye, 16 years old, they started to live together as husband and wife without the benefit of marriage. When Faye reached 18 years of age, her parents forcibly took her back and arranged for her marriage to Brad. Although Faye lived with Brad after the marriage, Roderick continued to regularly visit Faye while Brad was away at work. During their marriage, Faye gave birth to a baby girl, Laica. When Faye was 25 years old, Brad discovered her continued liaison with Roderick and in one of their heated arguments, Faye shot Brad to death. She lost no time in marrying her true love Roderick, without a marriage license, claiming that they have been

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continuously cohabiting for more than 5 years. a.) Was the marriage of Roderick and Faye valid? b.) What is the filiation status of Laica? c.) Can Laica bring an action to impugn her own status on the ground that based on DNA results, Roderick is her biological father? d.) Can Laica e legitimated by the marriage of her biological parents? (Bar Question) 7. Gianna was born to Andy and Aimee, who at the time of Gianna's birth were not married to each other. While Andy was single at the time, Aimee was still in the process of securing a judicial declaration of nullity on her marriage to her ex-husband. Gianna's birth certificate, which was signed by both Andy and Aimee, registered the status of Gianna as "legitimate," her surname carrying that of Andy's and that her parents were married to each other. a.) Can a judicial action for correction of entries in Gianna's birth certificate be successfully maintained to: i.) Change her status from legitimate to illegitimate; and ii.) Change her surname from that of Andy's to AImee's maiden surname? b.) Instead of a judicial action, can administrative proceedings be brought for the purpose of making the above corrections? c.) Assuming that Aimee is successful in declaring her former marriage void, and Andy and Aimee subsequently married each other, would Gianna be legitimated? (Bar Question) 8. Despite several relationships with different women, Andrew remained unmarried. His first relationship with Brenda produced a daughter, Amy, now 30 years old. His second, with Carla, produced two sons: Jon and Ryan. His third, with Donna, bore him no children although Elena has a daughter Jane, from a previous relationship. His last, with Fe, produced no biological children but they informally adopted without court proceedings. Sandy's now 13 years old, whom they consider as their own. Sandy was orphaned as a baby and was entrusted to them by the midwife who attended to Sandy's birth. All the children, including Amy, now live with Andrew in his house. a.) Is there any legal obstacle to the legal adoption of Amy by Andrew? To the legal adoption of Sandy by Andrew and Elena? b.) In his old age, can Andrew be legally entitled to claim support from Amy, Jon, Ryan, Vina, Wilma, and Sandy assuming that all of them have the means to support him? c.) Can Amy, Jon, Ryan, Vina, WIlma, and Sandy legally claim support from each other? d.) Can Jon and Jane legally marry? (Bar Question) 9. 26-year-old Gav Mas Hermin Ghuckles is the Crowned Prince of the Kingdom of Antartiqua, a smallisland country located near Antartica. Civil war broke out in the Kingdom. Gav Mas Hermin Ghuckles and the rest of the Royal Family went into exile in Manila early this year. During his exile, Gav Mas Hermin Ghuckles met Gigi, a 21-year-old Filipina nursing student residing in Manila. They fell in love instantly and decided to get married. Both of them went to the local civil registrar to apply for a marriage license. a.) Can Gav Mas Hermin Ghuckles and Gigi file the required sworn application for a marriage license jointly? b.) What document does Gav Mas Hermin Ghuckles need to present to the local civil registrar in order for the latter to issue him a marriage license? c.) During the course of civil war, the rebel forces dropped a nuclear bomb on Antartiqua which sunk the entire island-country and killed all of the inhabitants therein. Now without a country, does Gav Mas Hermin Ghuckles still have to obtain the required marriage license? (2008 SBC Pre-Week reviewer) 10. Siblings Geo, Gino, and Gelo were completely orphaned ten years ago when both their parents died in plane crash. At that time, Geo was thirteen, Gino was eleven, and Gelo was only six years old. Now 23 years old, Geo wants to marry her boyfriend Ivan. Geo and Gino agreed that they would sell the home that their parents left them to use some of the proceeds for Geo's wedding celebration and the rest of the proceeds to pay the rentals in the apartment unit where Gino and Gelo were going to move. Geo and Gino also agreed that Gelo will stay with Gino until he graduates from high school. May Geo and Gino validly sell the house their parents left them?

Sample Midterm Exams Persons and Family Relations 3 | P a g e

Civil Law (Persons and Family Relations) 1. The Civil Code of the Philippines is: a. Republic Act no. 386 b. Republic Act no. 368 c. Republic Act no. 366 d. Republic Act no. 398 2. The Civil Code of the Philippines took effect on: a. August 29, 1950 b. August 30, 1950 c. September 30, 1950 d. September 25, 1950

3. It is a collection of laws which regulates the private relations of the members of civil society, determining their respective rights and obligations, with reference to persons, things, and civil rights. a. Law b. Civil Code c. Civil Law d. Family Code 4. The mass of precepts which determines and regulates those relations of assistance, authority and obedience existing among members of a family as well as among members of the society for the protection of private interests. a. Family Code b. Family relations c. Civil Code d. Civil Law Laws shall take effect after fifteen days following the completion of their publication: a. In the official gazette b. In a newspaper of general circulation c. Both a and b d. Either a or b After a storm causing destruction in four Central Luzon provinces, the legislative branch enacted a special law appropriating 1 billion for purposes of rehabilitation for the provinces. In view of the urgent nature of the legislative enactment, it is provided in its effectivity clause that it shall take effect upon approval and after completion of the publication in the official gazette and a newspaper of general circulation. The law was passed by Congress on July 1, 1990, signed into law by the President on July 3, 1990, and published in such newspaper on July 7, 1990 and in the official gazette on July 10, 1990. As to the publication of the said legislative enactment, is there sufficient observance or compliance with the requirements for a valid publication? a. Yes, there is a sufficient compliance because the law itself prescribes the requisites for its effectivity b. Yes, there is sufficient compliance because the law is considered effective upon its approval c. No, there is no sufficient compliance because the date of publication in the official gazette and newspaper must

5.

6.

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be the same d. No, there is no sufficient compliance because it must undergo public hearing 7. When did the law took effect? a. It was effective on July 1, 1990 upon promulgation by the congress b. It was effective on July 3, 1990 upon approval by the president c. It was effective on July 7, 1990 upon publication in the newspaper d. It was effective on July 10, 1990 upon publication in the official gazette

8.

Can the executive branch start releasing the funds appropriated by the said law the day following its approval? a. Yes, since the law was effective upon approval of the President b. Yes, since it is an urgent need for the rehabilitation of the provinces c. No, since the other requisites for its effectivity were not yet complete d. No, since the law was not certified as urgent The following are the exceptions to the rule that laws shall have no retroactive effect, except: a. When the law is penal insofar as it favors the accused who is not a habitual criminal b. When the law is procedural c. When the law does not create substantive rights d. When the law is interpretative of other laws

9.

10. It is the fitness subject of legal relations a. Juridical capacity b. Legal capacity c. Juridical personality d. Legal personality 11. Personality is determined by a. Birth b. Death c. The time of conception d. Attainment of the age of majority

12. What is the rule if the fetus has an intra-uterine life of less than seven months? a. It is considered born if it is alive at the time of its complete delivery b. It is deemed born if it dies within twenty-four hours after its complete delivery c. It is not deemed born if it dies within twenty-four hours after its complete delivery d. It is considered born for all purposes favourable to it 13. Civil a. b. c. d. 14. The a. b. c. d. 15. The a. b. c. d. personality is extinguished by Insanity Civil interdiction Death All of the above effect of death upon the rights and obligations of the deceased is determined by Law Contract Will All of the above Family code of the Philippines is Executive Order no. 209 Republic Act no. 290 Executive Order no. 116 Republic Act no. 161

16. The absence of any of the essential and formal requisites of marriage shall render it a. Void with respect to the essential and voidable with respect to the formal

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b. c. d.

Voidable with respect to the essential and void with respect to the formal Both voidable Both void

17. Except in marriages where no license is required, it shall be issued by the local civil register of the city or municipality, a. Where both parties habitually resides b. Where either parties resides c. Where the male resides d. Where the female resides 18. Marriages between Filipino citizens abroad may be solemnized by a. Ambassador b. Charge de affairs c. Vice-consul d. None of the above 19. No license shall be necessary for a marriage of a man and a woman who have lived together as husband and wife for a. Not more than five years b. At least five years c. Not more than eight years d. Al least eight years 20. What marriage is void from the beginning, among the choices a. The consent of either party was obtained by force, intimidation or undue influence b. The consent of either party is obtained by fraud c. Mistake of one contracting party as to the identity of the other d. Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than the husband 21. What constitutes fraud as a ground for annulment of marriage? a. Concealment of previous marital status b. Non-disclosure of a previous conviction by final judgment of a crime involving moral turpitude c. Concealment of physical incapacity to consummate the marriage d. Misrepresentation or deceit as to character, fortune or chastity 22. A petition for legal separation may be filed on the ground of a. Psychological incapacity b. Impotency c. Non-attainment of legal age at the time of marriage d. Sexual infidelity 23. An action for legal separation shall be filed a. Within five years from marriage b. Within five years from the time of the occurrence of the cause c. Within five years after the cooling off period d. After five years from the time of marriage 24. A decree of legal separation shall be based on a. Stipulation of facts b. Confession of judgment c. Presentation of evidence d. Allegations on the complaint 25. The a. b. c. d. property relations between the husband and wife shall be governed by By marriage settlement By provisions of the Family code By the local customs All of the above

26. What is the rule, if the future spouses agree upon a regime other than the absolute community regime ? a. They can donate to each other more than one-fifth of their present property

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b. They cannot donate to each other more than one-fifth of their present property c. They can donate each other in their marriage settlements more than one-fifth of their present property d. They cannot donate each other in their marriage settlements more than one-fifth of their present property 27. The a. b. c. d. 28. The a. b. c. d. absolute community of property between the spouses shall commence One year from the celebration of marriage Two years from the celebration of marriage Three years from the celebration of marriage None of the above following shall be excluded from the community property, except Property acquired during the marriage by gratuitous title Property for personal and exclusive use of either spouses Property acquired after the marriage, where such property is encumbered Property acquired by either spouse who has legitimate descendants

29. When shall the absolute community terminate? a. Upon extrajudicial order b. Upon agreement of the parties after marriage c. Upon insolvency of either parties d. Upon the decree of legal separation 30. W, during her marriage to H, transferred the administration of her paraphernal property to the latter. Can W alienate said paraphernal property? a. No, the alienation of the property must be with the consent of H b. No, the property cannot be alienated because it already belongs to the conjugal property c. Yes, the property may be alienated because the agreement was null and void d. Yes, the property may be alienated because W still retains ownership over the property 31. A donation propter nuptias of a parcel of land was given by X to Y. They were subsequently married but the marriage was annulled on the complaint of Y upon her discovery that X has been previously married. X now files a suit for revocation. Will the suit prosper? a. The suit will prosper since the marriage is now annulled b. The suit will prosper one of the party is in bad faith c. The suit will not prosper because Y was in good faith d. The suit will not prosper because it is part of their conjugal property 32. H and W are husband and wife. Without any justifiable cause, W abandoned the conjugal home. Can H ask a competent court to order W to return to the conjugal home? a. Yes, because it is the obligation of the husband and wife to live together b. Yes, because it is within the competence of the court to order Ws return c. No, because specific performance is not a remedy to personal obligation d. No, because W already abandoned their home. 33. In a marriage in a remote place, a. Public solemnization is not needed b. It must be made in accordance with their customs c. There is no need for a solemnizing officer d. A marriage license is required 34. Nemu cum alterius detriment protest means a. No man ought to be made rich out of anothers injury b. No person should unjustly enrich himself at the expense of another c. The indemnity cannot exceed the loss or enrichment, whichever is less d. In case of doubt, the doubt must be in favour of the underdog 35. Ignorance of foreign law is a. Ignorance of the law but not ignorance of the fact b. Not ignorance of the fact but ignorance of the law

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c. d. 36. The a. b. c. d.

Not ignorance of the law but ignorance of the fact Ignorance of the fact but and ignorance of the law following are instances when the law grants an independent civil action, except: Breach of constitutional rights Defamation, fraud, or physical injuries Quasi-delict or culpa aquilana Breach of contract

37. It is the condition of a person who does not have the mind, will, and heart for the performance of marriage obligations. a. Diriment impediments b. Psychological illness c. Sexual infidelity d. Psychological incapacity 38. What is the correct rule in matters of absolute divorce a. If the action is brought here in the Philippines between Filipinos it will prosper b. If the action is brought here in the Philippines between a Filipino and a foreigner it will prosper c. If the action is brought here in the Philippines between foreigners it will not prosper d. If the action is brought in a foreign court between Filipinos it will be recognized in the Philippines. 39. May a. b. c. d. the court issue a decree of legal separation based upon facts stipulated by the spouses? No, if the decree is based solely on the stipulation of facts Yes, if there be other evidence of the existence of a ground for legal separation All of the above None of the above

40. If a person is under guardianship because of insanity a. He is presumed insane if he should enter into a contract b. He is insane if he should enter into contract c. He is barred to enter into contract d. The contract is binding 41. How a. b. c. d. many provisions are there in the New Civil Code? 2330 2480 2270 2155

42. A right is a. The interest in property that has become fixed that is no longer open to controversy b. The privilege given to one person and as a rule demandable of another c. All of the above d. None of the above 43. In an action based on a breach of promise to marry, what is the right of the aggrieved party in case there has been carnal knowledge? a. The aggrieved party cannot demand for support b. Sue for moral damages, if it was due to mutual lust c. Sue for actual damages, should there be expenses incurred d. An action for actual and moral damages may be filed 44. What kind of right is possessed by the husband or the wife over the conjugal property while the partnership remains? a. Vested right b. Inchoate right c. Equitable title d. None of the above

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45. The a. b. c. d.

following are requisites for marriage settlement, except Must be in writing Must contain not contrary to the provisions of the law Must be made before the celebration of marriage Must be by consent of the parents

Q.1 Filipino Juan is now married to an American citizen Jane and presently resides in California. His minor Filipino children by a previous marriage are asking whether their father, Juan, would still be obliged to support them. If so, on what theory? Nationality theory Domiciliary theory Reciprocity theory

Familiarity theory Q.2 In the above question, would you sustain that theory if Juan is now an American citizen? Yes. The Philippine law is based upon consanguinity. Yes. Under the international law of children, the child is entitled to be supported by his parent who was a Filipino citizen. No. He no longer embraces the Philippine nationality theory; hence, his obligation to support ceases.

No. He Juan now has a new family entitled to be supported. Q.3 Indian national Shakra brought a car to Manila which he now uses for his "5-6" credit collections. What law shall govern the said car? law of the nationality of the owner law of the place where the car is located law of the forum

law of origin of the property Q.4 After executing a will in Manila, Shakra died, leaving a child and a Filipino spouse in Manila. How will the car be distributed? According to the Philippine law on succession. According to the referrals of the laws. According to the language of the will.

According to the national law of the decedent. Q.5 In case of conflict of laws, particularly on the distribution of properties in the Philippines owned by an alien, it shall be distributed according to order of succession of the national law of the decedent. amount of succional rights of the heirs of the decedent. intrinsic valildity of the testamentary provision executed by the alien testator. all of the above

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Q.6 Due to lightning, Juans carabao was frightened and ran astray, crashing the ricefield of Tomas which was about to be harvested. Shall Juan be held liable for the damages suffered by Tomas? No. Juan is not liable as the damage is caused by a fortuitous event. No. Juan is not liable since the act of the carabao is unforeseeable. Yes. Juan is liable because of the doctrine of el causa de la causa is causa del mal causado. Yes. Juan is liable since he benefited from the beast's act.

Q.7 Japanese Musimusi inherited a parcel of land from his Filipino mother. He executed a deed of sale over the property in America. What principle shall govern the property? lex rei sitae lex situs lex loci contractu

lex loci celebrationis Q.8 Is a marriage contract governed by the law on obligations and contracts? Yes, because marriage contract partakes a contract between a male and a female. Yes, because it has all the essential elements of a contract. No, because marriage contract governs their property relations.

No, because a marriage contract is governed by another law. Q.9 When the solemnizing officer inadvertently forgot that his commission to solemnize marriage expired a day before the solemnization, the status of the marriage is void valid voidable

unenforceable Q.10 During the marriage ceremony, the priest was in a hurry that he forgot to pronounce that the parties are now husband and wife. What would be its effect on the status of the marriage? The contract is null and void ab initio. The contract of marriage is voidable. The validity of marriage is not affected. The contract is unenforceable.

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Q.1 Tomadatsi, a 15 years old Japanese national, inherited a parcel of land from his Filipino mother. He wanted to sell the same to a Filipino citizen. May he validly execute a deed of sale ? Yes. Otherwise, his right to transfer would be hampered. Yes. His capacity to sell is governed by his national law . No. In the absence of any law to the contrary, the processual presumption shall apply. No. He is under age as far as the Philippine law is concerned.

Q.2 Without reaching the age of majority under the Philippine law, he insist on selling the said parcel of land to OFW Juan. As a legal practitioner, what would be your advice to effectuate such sale. Execute a conditional deed of sale to be effective upon reaching his age of majority. Execute a deed of sale signed by his guardian. Execute a deed of sale before the Japanese embassy.

Execute a deed of sale and have it approved by the Philippine court. Q.3 Equity follows the law means that: Equity applies in the absence of but never against a statutory law. Equity cannot prevail over a law. Equity being a common law principle can derogate a positive law. Courts exercising equity jurisdiction are bound by rules of law and have no arbitrary discretion to disregard them.

Q.4 Waiver of rights is premised upon:

Damnum absque injuria Volenti non fit injuria Consented act

Forgiveness of a wrong Q.5 Philippine law recognizes the operation of foreign laws in the Philippines because of Conflict of laws Comity with all nations Doctrine of incorporation

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 Principle of reciprocity Q.6 What is the effect to a person who violated a law which was not published? Denial of information Denial of due process Denial of the right to information Denial of the right to notice

Q.7 The forms and solemnities of a contract executed abroad are governed by the law of the place where the contract was executed. the nationality of the contracting parties. the law of the forum.

law of the place where it was notarized. Q.8 OFW Juan executed a special power of attorney in favor of his wife who is in Davao City. The deed was prepared by his Saudi friend, notary public of Dubai, KSA, but notarized before the Philippine Embassy in Saudi Arabia. The forms and solemities shall follow the law of Dubai, KSA. the law of the Philippines. the law of Saudi Arabia.

the law of the forum Q.9 Millionaire Samson waived his right in favor of his sister Delilah, for whatever inheritance he may be entitled from their father, Don Pepot. Upon hearing, Don Pepot was so delighted that he suffered a heart attack. Thereafter, he died intestate leaving behind Samson and Delilah as the surviving heirs. Is the waiver of Samson is valid? The waiver is valid. Rights may be waived. The waiver is valid. It not a case of waiver of future inheritance but a case of donation of a future property which may be in form of donation mortis cause or donation inter vivos. The waiver is invalid. Future inheritance cannot be waived.

The waiver is invalid. Therefore, Samson is entitled to receive his inheritance. Q.10 As a condition for the release of the Magdalo group, they were made to sign a waiver stating that they renounced and would never participate in any future political activities, including a coup attempt. However, a year later, they discovered rampant corruption in the government and they wanted to correct it. Could they again engage themselves in political activities to curb corruption in the government? Yes. It is a duty of every citizen as sovereignty resides upon them. Yes. The waiver is invalid. Right to future political activities can not be waived. No. Any political activity is not suppressed by the waiver executed during their release.

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No. It would amount to violation of their waiver and may cause their imprisonment for the first offense.

I True or False. a. Under Article 26 of the Family Code, when a foreign spouse divorces his/her Filipino spouse, the latter may re-marry by proving only that the foreign spouse has obtained a divorce against her or him abroad. (1%) b. X, a widower, died leaving a will stating that the house and lot where he lived cannot be partitioned for as long as the youngest of his four children desires to stay there. As coheirs and co-owners, the other three may demand partition anytime. (1%) II Multiple choice. a. A had a 4-storey building which was constructed by Engineer B. After five years, the building developed cracks and its stairway eventually gave way and collapsed, resulting to injuries to some lessees. Who should the lessees sue for damages? (1%) 1. A, the owner 2. B, the engineer 3. both A & B b. O, owner of Lot A, learning that Japanese soldiers may have buried gold and other treasures at the adjoining vacant Lot B belonging to spouses X & Y, excavated in Lot B where she succeeded in unearthing gold and precious stones. How will the treasures found by O be divided? (1%) 100% to O as finder 50% to O and 50% to the spouses X and Y 50% to O and 50% to the state None of the above c. A executed a Deed of Donation in favor of B, a bachelor, covering a parcel of land valued at P1 million. B was, however, out of the country at the time. For the donation to be valid, (1%) B may e-mail A accepting the donation. The donation may be accepted by Bs father with whom he lives. B can accept the donation anytime convenient to him. Bs mother who has a general power of attorney may accept the donation for him. None of the above is sufficient to make Bs acceptance valid

1. 2. 3. 4.

1. 2. 3. 4. 5.

d. A executed a 5-page notarial will before a notary public and three witnesses. All of them signed each and every page of the will. One of the witnesses was B, the father of one of the legatees to the will. What is the effect of B being a witness to the will? (1%) 1. The will is invalidated 2. The will is valid and effective 3. The legacy given to Bs child is not valid

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III Define, Enumerate or Explain. (2% each) a. What is the difference between guaranty and suretyship? b. Define quasi tort. Who are the persons liable under quasi torts and what are the defenses available to them? c. Give at least two reasons why a court may assume jurisdiction over a conflict of laws case.

IV Spouses B and G begot two offsprings. Albeit they had serious personality differences, the spouses continued to live under one roof. B begot a son by another woman. G also begot a daughter by another man. a. If G gives the surname of B to her daughter by another man, what can B do to protect their legitimate childrens interests? Explain. (5%) b. If B acquiesces to the use of his surname by Gs daughter by another man, what is/are the consequence/s? Explain. (5%)

V G filed on July 8, 2000 a petition for declaration of nullity of her marriage to B. During the pendency of the case, the couple entered into a compromise agreement to dissolve their absolute community of property. B ceded his right to their house and lot and all his shares in two business firms to G and their two children, aged 18 and 19. B also opened a bank account in the amount of P3 million in the name of the two children to answer for their educational expenses until they finish their college degrees. For her part, G undertook to shoulder the day-to-day living expenses and upkeep of the children. The Court approved the spouses agreement on September 8, 2000. a. Suppose the business firms suffered reverses, rendering G unable to support herself and the children. Can G still ask for support pendente lite from B? Explain. (3%) b. Suppose in late 2004 the two children had squandered the P3 million fund for their education before they could obtain their college degrees, can they ask for more support from B? Explain. (3%) VI Gigolo entered into an agreement with Majorette for her to carry in her womb his baby via in vitro fertilization. Gigolo undertook to underwrite Majorettes pre-natal expenses as well as those attendant to her delivery. Gigolo would thereafter pay Majorette P2 million and, in return, she would give custody of the baby to him. After Majorette gives birth and delivers the baby to Gigolo following her receipt of P2 million, she engages your services as her lawyer to regain custody of the baby. a. What legal action can you file on behalf of Majorette? Explain. (2.5%) b. Can Gigolo demand from Majorette the return of the P2 million if he returns the baby? Explain. (2.5%) c. Who of the two can exercise parental authority over the child? Explain. (2.5%) d. Is the child entitled to support and inheritance from Gigolo? Explain. (2.5%)

VII G and B were married on July 3, 1989. On March 4, 2001, the marriage, which bore no offspring, was declared void ab initio under Article 36 of the Family Code. At the time of the dissolution of the marriage, the couple possessed the following properties: a house and lot acquired by B on August 3, 1988, one third (1/3) of the purchase price (representing downpayment) of which he paid; one third (1/3) was paid by G on February 14, 1990 out of a cash gift given to her by her parents on her graduation on April 6, 1989; and the balance was paid out of the spouses joint income; and an apartment unit donated to B by an uncle on June 19, 1987. a. Who owns the foregoing properties? Explain. (5%) b. If G and B had married on July 3, 1987 and their marriage was dissolved in 2007, who owns the properties? Explain. (5%)

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VIII Spouses Rex and Lea bore two children now aged 14 and 8. During the subsistence of their marriage, Rex begot a child by another woman. He is now 10 years of age. On Leas discovery of Rexs fathering a child by another woman, she filed a petition for legal separation which was granted. Rex now wants to adopt his illegitimate child. a. Whose consent is needed for Rexs adoption of his illegitimate child? (2.5%) b. If there was no legal separation, can Rex still adopt his illegitimate child? Explain. (2.5%)

IX Eighteen-year old Filipina Patrice had a daughter out of wedlock whom she named Laurie. At 26, Patrice married American citizen John who brought her to live with him in the United States of America. John at once signified his willingness to adopt Laurie. Can John file the petition for adoption? If yes, what are the requirements? If no, why? (5%) X In 1997, B and G started living together without the benefit of marriage. The relationship produced one offspring, Venus. The couple acquired a residential lot in Paraaque. After four (4) years or in 2001, G having completed her 4-year college degree as a fulltime student, she and B contracted marriage without a license. The marriage of B and G was, two years later, declared null and void due to the absence of a marriage license. a. If you were the judge who declared the nullity of the marriage, to whom would you award the lot? Explain briefly. (3%) b. Is Venus legitimate, illegitimate, or legitimated? Explain briefly. (3%) XI The spouses Peter and Paula had three (3) children. Paula later obtained a judgment of nullity of marriage. Their absolute community of property having been dissolved, they delivered P1 million to each of their 3 children as their presumptive legitimes. Peter later re-married and had two (2) children by his second wife Marie. Peter and Marie, having successfully engaged in business, acquired real properties. Peter later died intestate. a. Who are Peters legal heirs and how will his estate be divided among them? (5%) b. What is the effect of the receipt by Peters 3 children by his first marriage of their presumptive legitimes on their right to inherit following Peters death? (5%) XII On May 5, 1989, 16-year old Rozanno, who was issued a student permit, drove to school a car, a gift from his parents. On even date, as his class was scheduled to go on a field trip, his teacher requested him to accommodate in his car, as he did, four (4) of his classmates because the van rented by the school was too crowded. On the way to a museum which the students were scheduled to visit, Rozanno made a wrong maneuver, causing a collision with a jeepney. One of his classmates died. He and the three (3) others were badly injured. a. Who is liable for the death of Rozannos classmate and the injuries suffered by Rozanno and his 3 other classmates? Explain. (2%) b. How about the damage to the jeepney? Explain. (2%) c. Under the same facts, except the date of occurrence of the incident, this time in mid-1994, what would be your answer? Explain. (2%) XIII Franz was the owner of Lot E which was surrounded by four (4) lots one of which Lot C he also owned. He promised Ava that if she bought Lot E, he would give her a right of way in Lot C. Convinced, Ava bought Lot E and, as promised, Franz gave her a right of way in Lot C. Ava cultivated Lot E and used the right of way granted by Franz. Ava later found gainful employment abroad. On her return after more than 10 years, the right of way was no longer available to her because Franz had in the meantime sold Lot C to Julia who had it fenced. a. Does Ava have a right to demand from Julia the activation of her right of way? Explain. (2.5%) b. Assuming Ava opts to demand a right of way from any of the owners of Lots A, B, and D, can she do that? Explain. (2.5%)

XIV Primo owns a pet iguana which he keeps in a man-made pond enclosed by a fence situated in his residential lot. A typhoon knocked down the fence of the pond and the iguana crawled out of the gate of Primos residence. N, a neighbor who was passing by, started throwing stones at the iguana, drawing the

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iguana to move toward him. N panicked and ran but tripped on something and suffered a broken leg. anyone liable for Ns injuries? Explain. (4%)

Is

XV A, B, and C entered into a partnership to operate a restaurant business. When the restaurant had gone past break-even stage and started to garner considerable profits, C died. A and B continued the business without dissolving the partnership. They in fact opened a branch of the restaurant, incurring obligations in the process. Creditors started demanding for the payment of their obligations. a. Who are liable for the settlement of the partnerships obligations? Explain? (3%) b. What are the creditors recourse/s? Explain. (3%)

XVI X was the owner of an unregistered parcel of land in Cabanatuan City. As she was abroad, she advised her sister Y via overseas call to sell the land and sign a contract of sale on her behalf. Y thus sold the land to B1 on March 31, 2001 and executed a deed of absolute sale on behalf of X. B1 fully paid the purchase price. B2, unaware of the sale of the land to B1, signified to Y his interest to buy it but asked Y for her authority from X. Without informing X that she had sold the land to B1, Y sought X for a written authority to sell. X e-mailed Y an authority to sell the land. Y thereafter sold the land on May 1, 2001 to B2 on monthly installment basis for two years, the first installment to be paid at the end of May 2001. Who between B1 and B2 has a better right over the land? Explain. (5%)

PERSONS AND FAMILY RELATIONS: Midterm Exams 1. A law was passed providing for its immediate effectivity. a) Does this mean that its immediate effectivity provision would dispense with the publication requirement? (5 points) b) May the 15-day period of publication be reduced or extended? (5 points) 2. Accused was charged under R.A. 6425 and was sentenced to life imprisonment. While on appeal, RA 7659 reducing the penalty for the offense depending upon the weight was enacted. Can the law be applied to the accused? Why? (5 points) 3. A is the owner of an apartment, which is being leased to B, who has not been paying his rental for the last ten months. A, while B was away, entered into the premises, brought out the things belonging to B and padlocked the premises preventing B from entering into it. B sued for damages. A interposed the defense that he was just exercising his rights as owner of the premised. Decide. (5 points) 4. A and B are married. They have two (2) children, C and D. C is married to X and they have a son E. Y is married to D and they have a daughter F. E and F got married. Is their marriage valid? Why? (5 points) 5. Maria and Luis, both Filipinos, were married by a Catholic priest in Lourdes Church, Quezon City in 1992. Luis was drunk on the day of his wedding. In fact, he slumped at the altar soon after the ceremony. After marriage, Luis never had a steady job because he was drunk most of the time. Finally, he could not get employed at all because of drunkenness. Hence, it was Maria who had to earn a living to support herself and her child begotten by Luis. In 1996, Maria filed a petition for annulment of marriage in the church on the ground of psychological incapacity to comply with his marital obligations. Her petition was granted by the church matrimonial court. a) Can Maria now get married legally to another man under Philippines laws after her marriage to Luis was annulled by the church matrimonial court? Why? (5 points) b) What must Maria do to enable her to get married lawfully to another man under Philippine laws? (5 points) 6. A and B are married. A has been absent for a period of five (5 ) years without B knowing his whereabouts. B then got married to C, without prior declaration of As presumptive death. a) Is the marriage valid? (5 points) b) Suppose, in the problem given above, it was A who got married. Is the marriage valid? (5 points) 7. X, and MTC judge of Manila, was invited to attend a marriage celebration in Baguio City. Since Y, the Judge who was suppose to solemnize the marriage was unable to attend , he was asked to solemnize the

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marriage. Is the marriage valid? Why? (5 points) 8. Suppose A justice of the Court of Appeals who is a resident of Quezon City a marriage in Baguio City while on vacation, is the marriage valid? (5 points) 9. The petitioner while far from home received some information on the acts of infidelity of his wife. So he went home to verify the truthfulness of the alleged infidelity. He sought for his wife and after finding her, convinced her to go with him and live as husband and wife. After two days of living as husband and wife, A, the husband, tried to extract the truth about his wifes unfaithfulness but B, the wife, instead of answering his query, merely packed up her things and left him. A took that gesture as a confirmation of the imputation. 10. A, a law student courted B, a neighbor. B is married to C, a first-degree cousin. When B informed A of her marriage to C, A told her that nothing would happen to her marriage considering that it is void. A, then persisted in courting B, offering to marry her , until B consented. They got married. After A fathered a child, he left the conjugal dwelling for no reason at all and later on B found that he has gotten married to D. In a disbarment proceeding, he contended that his marriage to B is void, hence, there was no need to have it declared void. Is his contention proper? Why? (10 points) 11. A and B are married. Their marriage was declared void. After the decision became final, A got married to C. is the marriage valid? Why? (10 points) 12. A, an American citizen marriage B, a Filipino, while the former was vacationing in manila. When they went to the US, A was divorced by B due to irreconcilable conflicts. The decree capacitated A to remarry under US laws. Can B get married in the Philippines? Why? (10 points) 13. Is the rule that for as long as there is a valid existing marriage, a person cannot contract a subsequent marriage absolute? Why? (5 points)

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