EXAMINATION IN PERSONS AND FAMILY RELATIONS

1. Laws take effect_________

2. Laws, as a general rule, have no retroactive effect . This admits of some
exceptions, such as:
3. Ignorance of the law excuses no one from compliance therewith except
4. Foreign law can be proved by:
5. Judicial decisions applying or interpreting laws or the Constitution shall form
part of the legal system of the Philippines. Are judicial decisions independent sources of
laws?

6. Marriage is ______

7. The following marriages shall be void from the beginning for reasons of
public policy:

8. Under Art. 7(2), a priest, rabbi, imam, or minister of any church or religious sect
can solemnize marriage provided that:

9. Jose and Juana are husband and wife. Troy is the son of Juana while Susie is
the daughter of Jose. Troy and Susie were separated from birth. Their paths crossed for
the first time when both are in college, and the unimaginable happened, they got
married. Afterwards, Josenito was born from Troy and Susie. What is the status of Troy?

10. Pedro is the father of Jose and the latter is married to Maria. They have a son,
Mark. Afterwards, Jose died. Pedro married Maria. Maria begot Steve. What is the status
of Steve? Explain

11. Mike and Maribel were married on August 2, 1988. After 20 years of marriage
and with two children, Maribel decided to end the marriage by filing a petition for
declaration of nullity of marriage under Article 36 of the Family Code. The petition was
granted. Are the children legitimate? explain

12. Doroteo has been employed as a stevedore for 20 years. Due to the length of
service and his amiable character, he has endeared himself to his employer. Three days
before his retirement, Doroteo made a gesture that he is waiving a three-month
equivalent of his separation pay. Is the act of Doroteo valid? Explain

13. “A”, a Filipino while in Hawaii executed a will instituting his heirs and disposing
of his properties to them. There were only two witnesses to the will and who even did
not sign the same in the presence of “A” and of one another. Instead the will was signed

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in three different places. Assuming that in Hawaii, the said procedure is observed. Is
the will valid in the Philippines? Explain

II Essay Type:

Instruction: Read the facts carefully. Answer the questions stating your basis and the
applicable provisions of law.

Joe, an American citizen, married Maria, a Filipina. They got married in the Philippines.
Before the celebration of their marriage, they executed a marriage settlement choosing
absolute community of property as their regime of property bringing all their properties
located in the Philippines to the marriage. After a year of living as husband and wife in
the Philippines, they both migrated to the United States. There, they were blessed with
a daughter named May. As they have no son, both of them adopted Jun, the nephew of
Maria.

After five years of living as husband and wife, Maria sought a divorce against Joe which
was granted by the state of Texas. After the divorce, Maria married Jay, an American.

Maria and Jay lived as husband and wife in the Philippines where both have acquired
properties personal and real. Their union produced two offsprings, namely, Jen and
Mon.

Questions: Explain your answer and support them with law.

1. What law shall govern the marriage between Joe and Maria?

2. What law governs the property relations of Joe and Maria?

3. What are the obligations and charges of their property regime?

4. What is the citizenship of May, Jon, Jen, and Mon?

5. Is the divorce sought by Maria valid between her and Joe?

6. Is the marriage of Maria and Jay valid?

7. Is Jay allowed under the Philippine law to enter into contract with respect to
acquisition of properties?

8. Can Joe file a bigamy case against Maria?

9. Can Maria be charged with adultery?

10. If in the case above it was Joe who sought a divorce, will you have the same
answer in number 5? Discuss.
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11. In order for the subsequent marriage to be valid, what requisites must be
complied to by Maria?

12. If Joe will file a petition for legal separation in the Philippines, what will be his
VI. A, an American, married B, a Filipina, on August 3, 1988 in a church in the
Philippines. After three years of cohabitation, their union was blessed with three
children. Sometime in 1992, after a year of violent relationship with B, A left the conjugal
home and was never heard of by B despite efforts of the latter to locate and look for him.
If you were B, what remedy will you take in order to end your marriage with A. State
your reason and the provision of the law in which you will anchor your action.

VII .a) A and B cohabited as husband and wife in a common law relationship for more
than six years. From the start of their relationship up to the present there is no legal
impediment for both of them to marry each other. What is the property relationship that
governs their union? How should their property be divided in case of separation?
Explain.
b) Would you have the same answer if one of the common law partners is not gainfully
employed but is in charge of the welfare of the common children and the maintenance
of the family home? Explain
c) Given the same situation only that one of the common law partners has a valid
existing marriage to another, what property relationship governs the union? How should
the property be divided in case of separation? Explain.
d) When A got sick, B took care of him until his demise. The legal wife and children of A
took possession of the entire property of A including those acquired during his
cohabitation with B. Capitalizing on the fact that she took care of A even if A was already
bedridden, B filed a case of partition alleging that she earned her share in the properties
acquired by A during the cohabitation. If you were the judge, how would you decide the
case?

III. Answer with the corresponding provisions of law:

1.The property relations between husband and wife shall be primarily governed by:

2. Under the Family Code, if there is no marriage settlement between the parties,
the property relations shall be governed by

3. The marriage settlement shall prejudice third parties if:

4. A minor who according to law may contract marriage may also execute his or her
marriage settlements if:

5. As a general rule, the property relations of spouses shall be governed by

Philippine laws regardless of the place of the celebration of marriage and their residence
except:

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6. In order that donations propter nuptias may be valid, the same must not be:

7. If spouse agree upon a regime other than the absolute community of property ,
they cannot donate to each other in their marriage

8. A donation by reason of marriage may be revoked by the donor, except

9. Only children conceived and born outside of wedlock of parents who, at the time
of the conception of the former, were not disqualified by any impediment to marry each
other may be legitimated. The concept of ‘impediment” covers the following except:

10. Legitimation shall take place by:

11. Husband and wife must jointly adopt except:

12. The written consent of the following person is required in an adoption:

13. Parental authority is

14. Parental authority terminates permanently except:

15. The rule regarding suits between family members shall apply to

17. Under Article 153 of the Family Code, the family home shall not be exempt from

18. The law explicitly provides that occupancy of the family home either by the owner
thereof or by any of its beneficiaries must be actual. The beneficiaries of a family home
are:
19. What actions may be adopted by the parents or those exercising parental
authority to provide for disciplinary measures over the child? d) commit the child
for not more than thirty days in entities or institutions engaged in child care.
20. What rules on the exercise of legal guardianship shall govern where the market
value of the property or the annual income of the unemancipated common child exceeds
P50,000.00? Choose which is not.

Prepared by Judge CYNTHIA MARTINEZ FLORENDO