PERSONS AND FAMILY RELATIONS

CIVIL LAW REVIEW 1

GUIDE QUESTIONS
Part 2

NOTE: The following questions are only a guide to the questions that will or may be asked
during the recitation and are not meant to be the only questions. Take note also that the cases
applicable to each provision of the law, which you are presumed to have read and discussed in
the subject, will also form part of the recitations.

FAMILY CODE
I. MARRIAGE

1. Define marriage?
2. Distinction of a marriage contract from ordinary contracts
3. What do we mean by semper praesumitur pro matrimonio?

II. REQUISITE OF MARRIAGE

1. What are the essential requisites of marriage?
2. What are the formal requisites of marriage?
3. What are the components of legal capacity?
4. How is manifestation of consent done?
5. What is the effect when there is absence, defect, or irregularity of any of the formal
or essential requisites of marriage?

III. CEREMONY
1. Is there a necessity for a prescribed form or religious right in order for a marriage to
become valid?
2. Is the solemnizing officer duty bound to investigate whether the marriage license was
regularly issued?
3. Is marriage by proxy valid? What if the marriage by proxy was held abroad?

IV. SOLEMNIZING OFFICER

1. Who are authorized to solemnize marriages?
2. Distinction of the effect of marriages solemnized outside the territorial jurisdiction of
mayors from that of the members of the Judiciary

V. VALID MARRIAGE LICENSE

1. What is the period for the validity of a marriage license?
2. What is the rule when either or both of the contracting parties applying for the
issuance of a marriage license are citizens of a foreign country?
3. What are the exceptions to the licensing requirement?
4. Is there an instance wherein a man and a woman living together as husband and
wife need not obtain a marriage license in order to contract a valid marriage? If yes,
what are the requisites?
5. Should the absence of a legal impediment as provided in the preceding question be
for the entire five-year period of cohabitation?

VI. AUTHORIZED VENUES OF MARRIAGE

1. Where are the authorized venues of marriage? Are there exceptions?
VII. MARRIAGES SOLEMNIZED ABROAD
1. What is the rule when a marriage is solemnized abroad? Are there exceptions?
2. What is the rule when a foreigner-spouse obtained a divorce decree?
3. What are the requisites in order that the divorce decree be recognized under our law?

VIII. VOID MARRIAGES

1. What are the void marriages?

The following are Marriages that are void ab initio:

1. Solemnized without License, except those marriages that are exempt from the
license requirement;
2. Absence of any of the essential or formal requisites of marriage;
3. Solemnized by any person not legally Authorized to perform marriages unless such
marriages were contracted with either or both parties believing in good faith that the
solemnizing officer had the legal authority to do so;
4. Contracted through Mistake of one of the contracting parties as to the identity of the
other;
5. Bigamous or polygamous marriages not falling under Article 41 of the Family Code
or those allowed under special laws such as the Muslim Code;
6. Marriages contracted by any party below 18 years of age even with the consent of
parents or guardians;
7. Marriages contracted by any party, who at the time of the celebration of the
marriage, was Psychologically incapacitated, even if such incapacity
becomes manifest only after its solemnization (FC, Art. 36);
8. Incestuous Marriages (FC, Art. 37);
9. Marriages declared void because they are contrary to Public policy (FC, Art. 38);
10. Subsequent marriages which are void under Art. 53;
11. Marriages in jest; and “Marriages in jest is a pretended one, legal in form
but entered as a joke, with no real intentions of entering into the actual marriage
status, and with a clear understanding that the parties would not be bound (Republic
of the Philippines v. Albios, G.R. No. 198780, October 16, 2013).
12. Common-law marriages

IX. PRESCRIPTION
1. Does the action or defense for the declaration of absolute nullity of marriage
prescribe?

The time for filing an action or defense for the declaration of absolute nullity of
marriage, whether in a direct or collateral manner, does not prescribe (FC, Art. 39).

X. SUBSEQUENT MARRIAGES
1. What is the rule when there is no judicial declaration of nullity of a previous void
marriage?

A judicial declaration of nullity is required before a valid subsequent marriage can be

contracted; or else, what transpires is a bigamous marriage, reprehensible and immoral
(FC, Art. 40; In re: Salvador v. Serafico, A.M. 2008-20-SC, March 15, 2010).
 Before one can contract a second marriage on the ground of nullity of the first
marriage, there must first be a final judgment declaring the first marriage void (FC, Art.
40). If a party fails to secure a judicial declaration of nullity of the first marriage, he or she
runs the risk of being charged with bigamy as the marital bond or vinculum in the first
nuptial subsists (Mercado v. Tan, G.R. No. 137110, August, 2000; Te v. CA, G.R. No.
126746, November 29, 2009).

2. What is the rule on bigamous marriage?

Bigamy - When a person contracts a second or subsequent marriage before the former
marriage has been legally dissolved, or before the absent spouse has been declared
presumptively dead by means of judgment rendered in the proper proceedings (RPC, Art. 349).
The same applies to polygamy.

A subsequent void bigamous marriage contemplates a situation where such subsequent

marriage was contracted at the time when the first marriage, which is valid in all respects, was
still subsisting. A void bigamous marriage therefore involves a situation where the first marriage
is not void but completely valid or at least annullable (Sta. Maria, 2010).

If the first marriage is void and a party to that first marriage subsequently remarries
without obtaining a judicial declaration of nullity of the first marriage, the subsequent marriage is
likewise void. It is void not because it is bigamous but because it failed to comply with the
requirements under Article 40 in relation to Articles 52 and 53 of the Family Code (Valdes v.
RTC, G.R. No. 122749, July 31, 1996).

3. Is there a necessity to obtain judicial declaration of nullity of a previous void

marriage?

Under the Art. 40 of the FC, the absolute nullity of a previous marriage may be
invoked for purposes of remarriage on the basis solely of a final judgment declaring such
previous marriage void.

Except, If the second marriage, however, took place prior to the effectivity of the FC,
there is no need for judicial declaration of nullity of the first marriage pursuant to the
prevailing jurisprudence at that time (Rabuya, 2006).

Art. 40 is applicable to remarriages entered into after the effectivity of the FC on

August 3, 1988 regardless of the date of the first marriage. Besides, under Art. 256 of
the FC, said Article is given “retroactive effect insofar as it does not prejudice or impair
vested or acquired rights in accordance with the Civil Code or other laws” (Atienza v.
Brillantes, A.M. No. MTJ-92-706, March 29, 1995).

4. What are the effects of terminations of subsequent marriage?

 Art. 43. The termination of the subsequent marriage referred to in Article 42 shall
produce the following effects:

(1) The children of the subsequent marriage conceived prior to its termination shall
be considered legitimate and their custody and support in case of dispute shall be
decided by the court in a proper proceeding;

(2) The absolute community of property or the conjugal partnership, as the case may
be, shall be dissolved and liquidated, but if either spouse contracted said marriage in
bad faith, his or her share of the net profi ts of the community property or conjugal
partnership property shall be forfeited in favor of the common children or, if there are
none, the children of the guilty spouse by a previous marriage, or in default of
children, the innocent spouse;

(3) Donations by reason of marriage shall remain valid, except that if the donee
contracted the marriage in bad faith, such donations made to said donee are revoked
by operation of law;

(4) The innocent spouse may revoke the designation of the other spouse who acted
in bad faith as a beneficiary in any insurance policy, even if such designation be
stipulated as irrevocable; and

(5) The spouse who contracted the subsequent marriage in bad faith shall be
disqualifi ed to inherit from the innocent spouse by testate and intestate succession.
(n)

XI. EFFECT OF REAPPERANCE

1. What is the rule when it comes to Reappearance? Is there an exception?

Art. 42 (FC). The subsequent marriage referred to in the preceding Article (Art 41
FC) shall be automatically terminated by the recording of the affidavit of
reappearance of the absent spouse, unless there is a judgment annulling the
previous marriage or declaring it void ab initio.

A sworn statement of the fact and circumstances of reappearance shall be

recorded in the civil registry of the residence of the parties to the subsequent
marriage at the instance of any interested person, with due notice to the spouses of
the subsequent marriage and without prejudice to the fact of reappearance being
judicially determined in case such fact is disputed. (n)

If the absentee reappears, but no step is taken to terminate the subsequent

marriage, either by affidavit or by court action, such absentee's mere reappearance,
even if made known to the spouses in the subsequent marriage, will not terminate
such marriage (SSS v. Jarque Vda. De Bailon, G.R. No. 165545, March 24, 2006).
Any interested party of the parties, including the parents, their children, the present
spouse, or the subsequent spouse of the present spouse, may file the sworn
statement of reappearance of the spouse who was absent (Sta. Maria, 2010).

Exception:
 Art. 44. If both spouses of the subsequent marriage actedin bad faith, said
marriage shall be void ab initio and all donations by reason of marriage and
testamentary dispositions made by one in favor of the other are revoked by operation
of law. (n)

Effect if both parties in the subsequent marriage under Article 41 acted in bad faith
1. The subsequent marriage is void ab initio.
2. All donations propter nuptias made by one in favour of the other are revoked by
operation of law.
3. All testamentary dispositions made by one in favour of the other are revoked by
operation of law.
4. The parties shall be liable for the crime of bigamy (Rabuya, 2009).

Void marriages are found under Arts. 35, 36, 37, 38, 44, and 53 of FC.

XII. ANNULABLE MARRIAGES

1. What are the grounds for a marriage to be annulled?

Art. 45 FC. The marriage may be annulled for any of the following causes, existing at
the time of the marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled was
eighteen years of age or over but below twenty-one, and the marriage was
solemnized without
the consent of the parents, guardian or person having substitute parental authority
over the party, in that order, unless after attaining the age of twenty-one, such party
freely
cohabited with the other and both lived together as husband and wife;

(2) That either party was of unsound mind, unless such party, after coming to reason,
freely cohabited with the other as husband and wife;

(3) That the consent of either party was obtained by fraud, unless such party
afterwards, with full knowledge of the facts constituting the fraud, freely cohabited
with the
other as husband and wife;
(4) That the consent of either party was obtained by force, intimidation or undue
influence, unless the same having disappeared or ceased, such party thereafter
freely cohabited with the other as husband and wife;

(5) That either party was physically incapable of consummating the marriage with the
other, and such incapacity continues and appears to be incurable; or

(6) That either party was afflicted with a sexually transmissible disease found to be
serious and appears to be incurable. (85a)
2. What is the Doctrine of Triennial Cohabitation?

If after 3 years of living together with her husband, the wife remained a virgin, the
husband is presumed to be impotent (Rabuya, 2009).

The husband will have to overcome this presumption. Relative impotency may
now be invoked as a ground for annulment. The Committee has decided to include
relative impotency of one party because there are cases where a person is impotent
with respect to his spouse but not with other men or women (Sempio Diy, 1995).

3. Distinction of Art. 45 from Art. 46 of the Family Code.

Art. 45 v. 46 of the FC on Sexually Transmissible Disease as ground for annulment:

1. The grounds for annulment under Art. 45 par. 6 is the fact of being afflicted with
Sexually Transmissible Disease while; on Art. 46 par. 3 , it is the act of
concealment of being afflicted with Sexually Transmissible Disease.

2. In Art. 45 par.6 concealment of being afflicted by Sexually Transmissible

Disease is not necessary while such concealment is necessary under Art. 46
par. 3.

3. As to the nature of disease , the Sexually Transmissible Disease under Art. 45

par.6 must be serious and incurable while; in ART 46 (par. 3) ,it Does not have
to be serious and incurable.

4. What are the prescriptive periods for filing an action for annulment of marriage?

Within 5 years from discovery of the ground

Except:
1. Lifetime of spouse in cases of insanity
2. Before the party reaches 21 in cases where parents or guardians may file
annulment

5. What are the steps that the court must do to prevent collusion between the parties in
an action for annulment or declaration of absolute nullity of marriage?

Art. 48. In all cases of annulment or declaration of absolute nullity of marriage,

the Court shall order the prosecuting attorney or fiscal assigned to it to appear on
behalf of the State to take steps to prevent collusion between the parties and to
take care that evidence is not fabricated or suppressed.

In the cases referred to in the preceding paragraph, no judgment shall be

based upon a stipulation of facts or confession of judgment. (88a)

The prosecutor or Solicitor General shall take steps to prevent collusion between the
parties and to take care that evidence is not fabricated or suppressed. Even if there is no
suppression of evidence, the public prosecutor has to make sure that the evidence to be
presented or laid down before the court is not fabricated. Only the active participation of
 the public prosecutor or the Solicitor General will ensure that the interest of the State is
represented and protected in proceedings for declaration of nullity of marriages by
preventing the fabrication or suppression of evidence (FC, Art. 48).

NOTE: The non-intervention of the prosecutor is not fatal to the validity of the
proceedings in cases where the respondent in a petition for annulment vehemently
opposed the same and where he does not allege that evidence was suppressed or
fabricated by any of the parties (Tuason v. CA, G.R. No. 116607, April 10, 1996).

Collusion – Where for purposes of getting an annulment or nullity decree, the parties
come up with an agreement making it appear that the marriage is defective due to the
existence of any of the grounds for the annulment of marriage or the declaration of its
nullity provided by law and agreeing to represent such false or non-existent cause of
action before the proper court (Sta. Maria, 2010).

6. What are the steps taken by the court pending the action for the annulment or
declaration of absolute nullity of marriage?

Art. 49. During the pendency of the action and in the absence of adequate
provisions in a written agreement between the spouses, the court shall provide for
the support of the spouses and the custody and support of their common
children. The court shall give paramount consideration to the moral and material
welfare of said children and their choice of the parent with whom they wish to
remain as provided for in Title IX. It shall also provide for appropriate visitation
rights of the other parent. (n)

During the pendency of the action for annulment, declaration of absolute nullity of
marriage or legal separation, the Court shall, in the absence of adequate written agreement
between the spouses, provide for the:

1. Support of the spouses;

2. Support and custody of the common children;
3. Visitation rights of the other parent (FC, Art.49).

7. What are the effects of the declaration of absolute nullity of marriage?

Art. 50 FC. The effects provided for in paragraphs (2), (3), (4) and (5) of Article 43
and in Article 44 shall also apply in proper cases to marriages which are declared void
ab initio or annulled by final judgment under Articles 40 and 45.

The final judgment in such cases shall provide for the liquidation, partition and
distribution of the properties of the spouses, the custody and support of the common
children, and the delivery of their presumptive legitimes, unless such matters had been
adjudicated in previous judicial proceedings.

All creditors of the spouses as well as of the absolute community or the conjugal
partnership shall be notified of the proceedings for liquidation.

In the partition, the conjugal dwelling and the lot on which it is situated, shall be
adjudicated in accordance with the provisions of Articles 102 and 129.
Alternative answer:
The final judgment of nullity or annulment shall provide the following:

1. Liquidation, partition and distribution of the properties of the spouses;

2. Custody and support of the common children; and
3. Delivery of their presumptive legitimes.
Unless such matters had already been adjudicated in previous judicial proceedings, in which
case, the final judgment of nullity or annulment need not provide for those which have already
been adjudicated.

Where there was a failure to record in the civil registry and registry of property the judgment of
annulment or absolute nullity of the marriage, the partition and distribution of the property of the
spouses,
and the delivery of the children’s presumptive legitimes, it shall not affect third persons (FC, Art.
52).

XIII. LEGAL SEPARATION

1. What are the grounds for legal separation?

Art. 55.FC, A petition for legal separation may be fi led on any of the following grounds:
(1) Repeated physical violence or grossly abusive conduct directed against the
petitioner, a common child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel the petitioner to change religious or
political affiliation;
(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child
of the petitioner, to engage in prostitution, or connivance in such corruption or
inducement;
(4) Final judgment sentencing the respondent to imprisonment of more than six years,
even if pardoned;
(5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the
Philippines or abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the petitioner; or
(10) Abandonment of petitioner by respondent without justifiable cause for more than
one year.

For purposes of this Article, the term “child” shall include a child by nature or by
adoption. (97a)

2. What are the grounds to deny legal separation?

Art. 56. FC, The petition for legal separation shall be denied on any of the following
grounds:
(1) Where the aggrieved party has condoned the offense or act complained of;
(2) Where the aggrieved party has consented to the commission of the offense or act
complained of;
(3) Where there is connivance between the parties in the commission of the offense or
act constituting the ground for legal separation;
(4) Where both parties have given ground for legal separation;
(5) Where there is collusion between the parties to obtain the decree of legal separation;
or
(6) Where the action is barred by prescription. (100a)

3. What are the effects of legal separation?

Art. 63. FC, The decree of legal separation shall have the following effects:
(1) The spouses shall be entitled to live separately from each other, but the marriage
bonds shall not be severed;
(2) The absolute community or the conjugal partnership shall be dissolved and liquidated
but the offending spouse shall have no right to any share of the net profits earned by the
absolute community or the conjugal partnership, which shall be forfeited in accordance
with the provisions of Article 43(2);
(3) The custody of the minor children shall be awarded to the innocent spouse, subject
to the provisions of Article 213 of this Code; and
(4) The offending spouse shall be disqualified from inheriting from the innocent spouse
by intestate succession. Moreover, provisions in favor of the offending spouse made in
the will of the innocent spouse shall be revoked by operation of law. (106a)

Art. 64.FC, After the finality of the decree of legal separation, the innocent spouse may
revoke the donations made by him or by her in favor of the offending spouse, as well as
the designation of the latter as a beneficiary in any insurance policy, even if such
designation be stipulated as irrevocable.
The revocation of the donations shall be recorded in the registries of property in the
places where the properties are located. Alienations, liens and encumbrances registered
in good faith before the recording of the complaint for revocation in the registries of
property shall be respected. The revocation of or change in the designation of the
insurance beneficiary shall take effect upon written notification thereof to the insured.

The action to revoke the donation under this Article must be brought within fi ve years
from the time the decree of legal separation has become final. (107a)

Alternative answer : UST notes

1. Spouses entitled to live separately but the marriage bond is not severed;
2. ACP/CPG shall be dissolved and liquidated. The share of the offending spouse in the
net profits shall be forfeited in favour of:
a. Common children,
b. In default of the common children, children of the guilty spouse by a previous
marriage,
c. In default of common children and the children of the guilty spouse, innocent
spouse;
3. Custody of minor children is awarded to the innocent spouse (subject to FC, Art. 213);
4. Offending spouse is disqualified to inherit from innocent spouse by intestate
succession;
5. Provisions in the will of innocent spouse which favors offending spouse shall be
revoked by operation of law;
6. Innocent spouse may revoke donations he/she made in favor of offending spouse;
and
7.Innocent spouse may revoke designation of offending spouse as beneficiary in any
insurance policy, even when stipulated as irrevocable.

4. Who may file?

The Husband or wife may file for legal separation within 5 years from the time of the
occurrence of the cause (Art. 57 FC) in the Family Court of the province or city where
the petitioner or the respondent has been residing for at least 6 months prior to the date
of filing or in case of a non-resident, where he may be found in the Philippines, at the
election of the petitioner.

5. When to file? Is there a prescriptive period?

An action for legal separation shall be filed within five years from the time of the
occurrence of the cause (FC, Art. 57). An action filed beyond that period is deemed
prescribed.

6. Is the prescriptive period absolute?

When prescription was not interposed as a defense, the courts can take
cognizance thereof, because actions seeking a decree of legal separation, or
annulment of marriage, involve public interest and it is the policy of our law that no
such decree be issued if any legal obstacles thereto appear upon the record.

This is an exception to the Rules of Court provision that defenses not raised in
the pleadings will not be considered since provisions on marriage are substantive in
nature (Brown v. Yambao, G.R. No. L-10699, October 18, 1957).

7. Who shall be entitled to the custody of the child in case of legal separation?

As a rule, the custody of the child shall be awarded to the innocent spouse,
except if the child is below the age of seven where the law says that the child cannot
be separated from the mother, except if there is a compelling reason to do so.

8. What are the effects of the filing of a petition for legal separation?
Art. 61. FC, After the fi ling of the petition for legal separation, the spouses shall be
entitled to live separately from each other.

The court, in the absence of a written agreement between the spouses, shall
designate either of them or a third person to administer the absolute community or
conjugal partnership property. The administrator appointed by the court shall have
the same powers and duties as those of a
guardian under the Rules of Court. (104a)

9. What are the effects of a pending action for legal separation?

Art. 62. During the pendency of the action for legal separation, the provisions of
Article 49 shall likewise apply to the support of the spouses and the custody and
support of the common children. (105a)
 Art. 49 provides:

“During the pendency of the action and in the absence of adequate provisions in
a written agreement between the spouses, the court shall provide for the support of
the spouses and the custody and support of their common children. The court shall
give paramount consideration to the moral and material welfare of said children and
their choice of the parent with whom they wish to remain as provided for in Title IX
(Parental Authority). It shall also provide for appropriate visitation rights of the other
parent.’’

10. Should the spouse agree to revive their former property regime, what are the
requirements that must be complied with?

If the spouses want to revive the previous property regime, they must execute
an agreement to revive the former property regime, which agreement shall be submitted
in court, together with a verified motion for its approval (FC, Art. 67).

The agreement to revive must be under oath and specify:

1. The properties to be contributed anew to the restored regime;
2. Those to be retained as separated properties of each spouse; and
3. The names of all their known creditors, their addresses and the amounts owing to
each (Pineda, 2008).

XIV. RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE

1. What are the essential marital obligations of the husband and the wife?

Essential marital obligations (FC, Art. 68):

a. Live together which includes consortium (cohabitation) and copulation (sexual
intercourse),
b. Observe mutual love, respect, fidelity, and
c. Render mutual help and support

2. Is procreation an obligation of the husband and the wife?

It is true that the Family Code, obligates the spouses to love one another but this
rule sanctions affection and sexual intimacy, as expressions of love, that are both
spontaneous and mutual and not the kind which is unilaterally exacted by force or
coercion. Further, the delicate and reverent nature of sexual intimacy between a
husband and wife excludes cruelty and coercion. When sexual intimacy it is
egoistically utilized to despoil marital union in order to advance a felonious urge for
coitus by force, violence or intimidation, the Court will step in to protect its lofty
purpose, vindicate justice and protect our laws and State policies. Besides, a
husband who feels aggrieved by his indifferent or uninterested wife's absolute refusal
to engage in sexual intimacy may legally seek the court's intervention to declare her
psychologically incapacitated to fulfill an essential marital obligation. But he cannot
and should not demand sexual intimacy from her coercively or violently (People v.
Jumawan, G.R. No. 187495, April 21, 2014).

Therefore:
 a. The right to sexual intercourse involves normal intercourse. The wife may refuse
to have sexual intercourse with the husband if he resorts to abnormal or perverse
practices.
b. The wife can also refuse to have sexual intercourse with the husband if she is ill, if
it
would endanger her health, or if he is suffering from some venereal disease.
c. If the husband forces the wife to have sexual intercourse with him against her will,
he may be charged with coercion (Sempio-Diy, 1995).

XV. MANAGEMENT OF HOSUEHOLD FAMILY DOMICILE

1. Define domicile?
Domicile denotes a fixed permanent residence to which when absent, one has the
intention of returning.

Reference: pg. 364 of PFR BY Edgardo Paras (2008) pg. 364

“There is a difference between domicile and residence. Residence is used to

indicate a place of abode, whether permanent or temporary; domicile denotes a fi
xed permanent residence to which when absent, one has the intention of returning. A
man may have a residence in one place and a domicile in another. Residence is not
domicile, but domicile is residence coupled with the intention to remain for an
unlimited time. A man can have but one domicile for one and the same purpose at
any time, but he may have numerous places of residence. His place of residence
generally is his place of domicile, but is not by any means necessarily so since no
length of residence without intention of remaining will constitute domicile.’’ (See also
Kennan on Residence and Domicile, pp. 26, 35, 36).

2. Who fixed the family domicile?

Art. 69.FC, The husband and wife shall fix the family domicile. In case of
disagreement, the court shall decide.

XVI. SUPPORT
1. Who shall be responsible for the support of the family?

XVII.
1. Who has the right and the duty in the management of the household?
2. What are covered in the management of the household?

XVIII. EFFECT OF NEGLECT OF DUTY

1. What is the effect in case one of the spouses neglects his or her duty to the conjugal
union?

XIX. PROFESSION
1. What is the rule when it comes to choosing a profession? Is the consent of the
spouse necessary?
2. Is there an exception to the rule?
3. May a spouse mortgage, encumber, alienate or otherwise dispose her or his
exclusive property?
XX. PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
1. What are the rules governing property relations between spouses?
2. What are the kinds of property regimes?
3. Define marriage settlement.
4. What is “Ante Nuptial Agrementor Matrimonial Contract”?
5. What are the requisites of a valid marriage settlement?
6. What are the other additional requirements of a marriage settlement?
7. When is a marriage settlement not applicable?
8. Can the marriage settlement be modified?
9. What do you mean of a default regime?
10. What is the subject of a marriage settlement?
11. Why is registration of a marriage settlement necessary?

XXI. RULES GOVERNING PROPERTY RELATIONS BETWEEN SPOUSES

1. What law governs property relations between spouses?
2. What is the effect of non-celebration of marriage?

XXII. DONATIONS BY REASON OF MARRIAGE

1. Define donation propter nuptias?
2. When are donations excluded?
3. What are the requisites of donation by reason of marriage?
4. What is the additional requirement if between future spouses and property
regime agreed upon is other than ACP?
5. Who may donate?
6. Who may be donee(s)?
7. What are the rules governing donation by reason of marriage?
8. What are the requisites of donations propter nuptias between spouses under
regime other than ACP?
9. What is the effect if a donation propter nuptias is in another instrument?
10. Is a donation propter nuptias of property with encumbrance valid?
11. When may revocation of donation by reason of marriage be done?
12. Differentiate Revocation in Aticle 86 from revocation in Article 43, 44 and 50?
13. What are the void donations by spouses?
14. Can a spouse donate to the other during the marriage?

XXIII. SYSTEM OF ABSOLUTE COMMUNITY

1. When does ACP commence?
2. Is waiver of rights in ACP valid?
3. What are the laws governing ACP?
4. In the absence of specific provisions in the Family Code as regards the property
regime of the spouses, what law shall be applied?
5. What are the property excluded in the ACP?
6. What is the presumption when properties are acquired during the marriage?
7. Can a spouse waive the rights, interest, shares and effect, during the marriage?
8. What are charges upon and obligations of the ACP?
9. What is the rule when the ACP became insufficient?
10. To whom shall losses in gambling be charged? How about the winnings?
11. To whom belongs administration and enjoyment of ACP?
12. What are the instances where one of the spouses may assume sole powers of
administration? What are those that are deemed excluded?
 13. Can a spouse donate a property belonging to the ACP without the consent of the
other?
14. When is the consent or authority of a spouse required?
15. In case of disagreement in the consent, who shall prevail?
16. Can a spouse dispose by will without the consent of the other? How about
donation?
17. Is a sale between spouses valid?
18. When does the ACP terminates?
19. What are the effects of a separation in fact in the ACP?
20. Does the separation in fact between the spouses affect the regime of absolute
community?
21. What are the effects of abandonment or failure to comply with obligations yo the
family by one spouse?
22. What does obligations to the family include?
23. When is there abandonment?
24. Explain the meaning of “Prima Facie Presumption of without any intention of
returning”.
25. What is the remedy of the present spouse in case of abandonment by the other
spouse or failure to comply by the latter with his or her obligation to the family?

XXIV. LIQUIDATION OF THE ABSOLUTE COMMUNITY ASSETS AND LIABILITIES

1. Enumerate and discuss each procedure for liquidation.
2. In case of death of one of the spouses, what is the action that the surviving
spouse should undertake to liquidate the property?
3. Define net profits.
4. What is the applicable procedure in case the marriage is terminated by death?
5. What is the effect of failure to liquidate within the specified period?
6. What would be the property regime in case of subsequent marriage?
7. What is the rule with regards to simultaneous liquidation of community properties
of two or more marriages by the same person before the effectivity of the Family
Code?

XXV. CONJUGAL PARTNERSHIP OF GAINS

1. What is the regime of CPG?
2. In what instances will the provisions on CPG apply?
3. What are the rules governing Conjugal Partnership of Gains?
4. What is the presumption in case the property is acquired during the marriage in
the name of one or both spouse?

XXVI. Exclusive Property of Each Spouse

1. What are the exclusive properties of spouses?
2. What are the rights of each spouse in their exclusive property?

XXVII. Conjugal Partnership Property

1. What are deemed conjugal partnership property?
2. What are the rules if property was bought on installments paid partly from
exclusive funds and partly from conjugal funds?

XXVIII. CHARGES UPON AND OBLIGATION OF THE CONJUGAL PARTNERSHIP

1. What are those not chargeable upon the CPG?
 2. Is the conjugal partnership liable to pay the personal debts contracted before or
during the marriage, fines, indemnities, and support of illegitimate children of
either spouse?
3. What rule shall be observed in the appraisal and sale of property of the conjugal
partnership, and other matters which are not expressly determined in the chapter
on CPG?
4. Who shall pay for the support of the surviving spouse and the children during the
liquidation of the property?

XXIX. LIQUIDATION OF THE CONJUGAL PARTNERSHIP ASSETS AND LIABILITIES

1. Enumerate and discuss each procedure for liquidation for CPG.
2. Where would the support come from during liquidation?

XXX. JUDICIAL SEPARATION OF PROPERTY

1. What are the two kinds of judicial separation of property?
2. In what ways can there be judicial separation of property?
3. When does the separation of property between spouses during the marriage take
place?
4. What are the sufficient causes for judicial separation of property?
5. What are the effects of separation of property between spouses?
6. When can there be a transfer of administration to the other spouse under Art.
142?
7. How is the voluntary separation of property effected?
8. Can the spouse, after a decree of separation of property has been issued, revive
the former property regime?
9. What are the instances where the administration of all classes of conclusive
property of either spouse may be transferred by the court to the other spouse?

XXXI. REGIME OF SEPARATION OF PROPERTY

1. What is meant by system of separation of property? When is it applicable?
2. What governs the regime of separation of property?
3. What are kinds of separation of property?
4. What are the consequences of a regime of separation of property?
5. Who are in charge of family expenses?
6. What are the liabilities of family expenses of the spouses under the regime of
separation of property?

XXXII. PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE

1. Differentiate Article 147 from Article 148 of the Family Code.

XXXIII. FAMILY
1. What is the concept of a family as an institution?
2. What are the aspects of family relations?
3. What does family relation includes?
4. What is the limitation and effect of non-compliance with the limitation cases of
suit between members of the same family?
5. What are the exceptions to the duty to engage in earnest efforts?
6. What are the requisites before a suit between members of the same family may
prosper?

XXXIV. THE FAMILY HOME

 1. Who constitutes the family home?
2. What does “family home” includes?
3. How is the family home constituted?
4. Can a family home be executed? What is the rule and exceptions?
5. Who are the beneficiaries of a family home?
6. What is the procedure in exercising the right to execute?

XXXV. PATERNITY AND FILIATION

1. What are the kinds of filiation?
2. Who are classified as legitimate children?
3. Who are classified as illegitimate children?
4. What is the presumption of the legitimacy of the child born after the mother
contracted a subsequent marriage?
5. What are the grounds in impugning the legitimacy of a child?
6. What is the rule in proving filiation?
7. Procedure in an action for claiming filiation.
8. When should the action to impugn the legitimacy of the child be brought?
9. Who has the right to impugn the filiation of the child?
10. How can an illegitimate child establish filiation?
11. What are the rights of illegitimate child?
12. Can an illegitimate child use the surname of the father?
13. Define legitimated children.
14. What are the requisites for legitimation?
15. What are the grounds for impugning legitimation?
16. What are the rights of legitimated children?
17. Are children born of parents, who at the time of conception and birth were minors
may be legitimated?

XXXVI. ADOPTION
1. Define adoption.

XXXVII. DOMESTIC ADOPTION

1. Who can adopt?
2. Who can be adopted?
3. What are the Rights of an adopted child?
4. What are the effects of adoption?
5. How can an adoption be rescinded?
6. What are the effects of rescission of adoption?

XXXVIII. INTER-COUNTRY ADOPTION

1. What is the concept of inter-country adoption?
2. Who can adopt?
3. Who can be adopted?

XXXIX. SUPPORT
1. Define support.
2. What are the characteristics of support?
3. What is the scope of support?
4. What are the kinds of support?
5. Who are the subjects for support?
6. What are the sources of support?
 7. What is meant by piecemeal support?
8. When is the obligation to give support demandable?
9. Can the right to receive support be subject to attachment?

XL. PARENTAL AUTHORITY

1. What is the concept of parental authority?
2. What is the nature of parental authority?
3. When can the parental authority be waived?
4. Can parental authority be renounced?
5. What is joint parental authority?
6. What is continuous exercise of parental authority?
7. How is parental authority done in case of separation?
8. What is the effect of absence, death, unsuitability, remarriage of the surviving
parent or separation of the parents to the parental authority exercised over the
children?
9. What is filial privilege?
10. What is the order in substitute parental authority?
11. Who exercise parental authority in case of foundlings?
12. What are the liabilities of special parental authority?
13. What are the effects of parental authority?
14. What are the measures provided by law to assist a parent in imposing discipline
over a child?
15. How is parental authority terminated?
16. Can a parental authority be suspended? What are the grounds?

XLI. EMANCIP[ATION AND AGE OF MAJORITY

1. When does emancipation take place?
2. What is the effect of emancipation?

XLII. SUMMARY AND JUDICIAL PROCEEDINGS IN THE FAMILY LAW

1. What is the scope of application of the procedural rules provided in the family
code?
2. Does the family code have retroactive effect?

CIVIL CODE
XLIII. SURNAMES
1. What is the rule in the use of surname by the child?
2. What are the rules in the use of surname of a married woman?
3. What is the rule in the use of surname of the wife in case of annulment of
marriage?
4. What is the rule in the use of surname of the wife in case of legal separation?
How about in case of death?
5. What is the rule in case of identity of names and surnames?
6. Can a person use different names and surnames?

XLIV. ABSENCE
XLV. FUNERAL
1. Who has the duty and right to make arrangements for the funeral of a relative?
2. What are the rules in the arrangement of funerals?

XLVI. CIVIL REGISTRY