PERSONS and FAMILY RELATIONS

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 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 small-island 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?

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

5.
Laws shall take effect after fifteen days following the completion of
their publication:
a.

In the official gazette

b.

In a news paper of general circulation

c.

Both a and b

d.

Either a or b

6.
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 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

9.
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

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.
d.

The time of conception

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 personality is extinguished by

a.

Insanity

b.

Civil interdiction

c.

Death

d.

All of the above

14. The effect of death upon the rights and obligations of the deceased is
determined by
a.

Law

b.

Contract

c.

Will

d.

All of the above

15. The Family code of the Philippines is

a.

Executive Order no. 209

b.

Republic Act no. 290

c.

Executive Order no. 116

d.

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
b.
Voidable with respect to the essential and void with respect to the
formal
c.

Both voidable

d.

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 property relations between the husband and wife shall be governed
by
a.

By marriage settlement

b.

By provisions of the Family code

c.

By the local customs

d.

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
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 absolute community of property between the spouses shall

commence
a.

One year from the celebration of marriage

b.

Two years from the celebration of marriage

c.

Three years from the celebration of marriage

d.

None of the above

28. The following shall be excluded from the community property, except
a.

Property acquired during the marriage by gratuitous title

b.

Property for personal and exclusive use of either spouses

c.
Property acquired after the marriage, where such property is
encumbered
d.

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

c.

Not ignorance of the law but ignorance of the fact

d.

Ignorance of the fact but and ignorance of the law

36. The following are instances when the law grants an independent civil
action, except:
a.

Breach of constitutional rights

b.

Defamation, fraud, or physical injuries

c.

Quasi-delict or culpa aquilana

d.

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 the court issue a decree of legal separation based upon facts
stipulated by the spouses?
a.

No, if the decree is based solely on the stipulation of facts

b.
Yes, if there be other evidence of the existence of a ground for legal
separation
c.

All of the above

d.

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 many provisions are there in the New Civil Code?
a.

2330

b.

2480

c.

2270

d.

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

45. The following are requisites for marriage settlement, except

a.

Must be in writing

b.

Must contain not contrary to the provisions of the law

c.

Must be made before the celebration of marriage

d.

Must be by consent of the parents