1.

What is the requirement for Illegitimate Children to carry their fathers surname
under the Revilla Law?
Illegitimate children may use the surname of their father if their filiation has been
expressly recognized by the father through the record of birth appearing in the civil register,
or when an admission in a public document or private handwritten instrument is made by
the father. Provided, the father has the right to institute an action before the regular courts to
prove nonfiliation during his lifetime.
2. Who are the citizens of the Philippines?

Those who are citizens of the Philippines at the time of the adoption of the Constitution;
Those whose fathers or mothers are citizens of the Philippines;
Those born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority; and
Those who are naturalized in accordance with law.

3. What are some of the limitations on the capacity to act?

age
insanity
imbecility
deaf-mute
Penalty
prodigality

family relations
alienage
absence
insolvency
trusteeship

4. What is the difference in conflict of law applications between Penal Laws and
Family Laws?

Art. 14. Penal laws and those of public security and safety shall be obligatory upon all
who live or sojourn in the Philippine territory
Art 15. Laws relating to family rights and duties, or to the status, condition and legal
capacity of persons are binding upon citizens of the Philippines, even though living
abroad.

5. What are the bases to stop a wife from testifying against husband? How are they
different from each other?

Spouse cannot testify for or against the other spouse without the consent of the affected
spouse, unless its a civil case by one against the other or a criminal case for crime
committed against the other, or descendants or ascendants.
Can only be invoked by the spouse
Right ceases upon dissolution of marriage

6. Why is marriage a special contract?

Established Civil Status

Consequences determined by law
With Penal and Civil Sanction

7. Differentiate the elements of the crimes of Adultery, Bigamy, Concubinage.

Bigamy any person who shall contract a second or subsequent marriage before the
former marriage has been legally dissolved, or before the absent spouse has been
declared presumptively dead (RPC Art 349)
Adultery Any married woman who shall have sexual intercourse with a man not her
husband and by the man who has carnal knowledge of her knowing her to be married,
even if the marriage be subsequently declared void. (RPC Art 333)
Concubinage Any husband who shall keep a mistress in the conjugal dwelling, or shall
have sexual intercourse, under scandalous circumstances, with a woman who is not his
wife, or shall cohabit with her in any other place (RPC Art 334)

8. What are the requisites of a valid marriage?

Essential Requisites
o Legal Capacity
o Consent
Formal Requisites
o Authority of the solemnizing officer
o Valid marriage license
o Marriage Ceremony

9. Who are prohibited from marrying because of public policy consideration?

Between collateral blood relatives whether legit or illegit, up to the the 4th civil degree;
Between stepparents and stepchildren;
Between parentsinlaw and childreninlaw;
Between the adopting parent and the adopted child;
Between the surviving spouse of the adopting parent and the adopted child;
Between the surviving spouse of the adopted child and the adopter;
Between an adopted child and a legitimate child of the adopter;
Between adopted children of the same adopter
Between parties where one, with the intention to marry the other, killed that other
person's spouse, or his or her own spouse.

10. Who are the authorized solemnizing officers for a marriage to be valid?

Members of the Judiciary

o Incumbent, not retired
o Within his courts jurisdiction

Mayors
o
o
o

Navarro v Domagtoy says that if it is done outside of his courts jurisdiction itis mere
irregularity and does not affect validity of marriage SC/CA/Sandiganbayan/CTA
Justices Jurisdiction is Nationwide

Added by Local Government Code

Within his city or municipality only
In his absence, the Vice Mayor, or in the absence of both, the Senior Board
Member

Applying Navarro, mere irregularity if solemnized outside of his city.

Opinion of Prof. Sta. Maria is this will make it void

Priest
o
o
o
o

and Ministers
any church or religious sect
duly authorized by his church or religious sect
registered with the civil registrar general
at least one of the contracting parties belongs to the church or sect

11. What are the exceptions to the requirement for a marriage license?
When the couples have been living continuously for five years with the intention of
establishing a conjugal relationship and when one of the parties is facing near death.
12. What is the rule on Foreign Divorce and what are the exceptions?
Divorce is allowed where it is recognized. However, for Filipino citizens, divorce granted
in a foreign country will not be recognized in the Philippines. If one of the spouses is a
foreigner, or a naturalized citizen, the divorce may only be recognized if proven by the
Filipino spouse. Once proven, the divorced Filipino spouse will be allowed to remarry.
13. What are the main differences between the ACP and CPG property regimes?

Absolute Community Property

Conjugal Property Gains

The following are owned in common:

o
o
o

Shall consist of all the property owned by the spouses at the time of the celebration of the
marriage or acquired thereafter.

Income of their separate properties

Everything acquired by them through their efforts
Everything acquired by them through chance

14. What are the properties excluded from Absolute Community of Properties?

Property acquired by gratuitous title during marriage, including fruits and income
o
o
o

Inheritance
Donation
Unless it is expressly provided by donor, testator, or grantor that they shall form part of the
community property

15. What are the properties excluded from the Conjugal Partnership of Gains?

Property brought to the marriage as his or her own

Property which each spouse acquires during the marriage by gratuitous title
o Fruits and income from such property shall however be conjugal
Property which is acquired by right of redemption, by barter or exchange with property
belonging to only one of the spouses
Property which is purchased with exclusive money of the wife or of the husband

16. What is the rule on Personal debts/ Fines and Indemnities when the marriage is
governed by CPG?

Conjugal only if redounds to benefit of family

Otherwise separate property is liable
May be enforced against the partnership assets only after conjugal debts have been

covered, if the spouse who is bound should have no exclusive property or if it should be
insufficient
17. What are the grounds to file a Separation of Property?

By Voluntary Petition of both spouses

That the spouse of the petitioner has been sentenced to a penalty which carries with it
civil interdiction
That the spouse of the petitioner has been judicially declared an absentee
That loss of parental authority of the spouse of petitioner has been decreed by the court
That the spouse of the petitioner has abandoned the latter or failed to comply with his or
her obligations to the family as provided for in Article 101
That the spouse granted the power of administration in the marriage settlements has
abused that power
That at the time of the petition, the spouses have been separated in fact for at least one
year and reconciliation is highly improbable.

18. Differentiate Art 147 and Art 148 as to coverage and as to the way it divides
property upon termination
Article 147

The co-ownership cannot be terminated until the cohabitation is also terminated

The co-owner may not dispose or encumber his share in the property
Article 148

Only the properties acquired by both of the parties through their actual joint
contribution of money, property, or industry shall be owned by them in common in
proportion to their respective contributions
o

But in the absence of evidence, presumption is equal contribution

19. What are the acceptable proofs of filiations for legitimate child? How does it
differ from the requirements for illegitimate child?

The record of birth appearing in the civil register or a final judgment, or

An admission of legitimate filiation in a public document or a private handwritten
instrument and signed by the parent concerned
In the absence:
o
o
o

The open and continuous possession of the status of a legitimate child

Other ways allowed by Rules of Court
Baptismal certificate, family bibles, common reputation respecting pedigree, testimony of
witnesses, etc.

For illegitimate children, if the proof to be used is based on open and continuous
possession, or other means allowed, the action must be filed when parents are still alive.

20. What is the order of who should give support? How does it differ from the
preference for recipient of support?

Spouse
Descendants, nearest degree
Ascendants, nearest degree

Brothers and Sisters

o
o

In proportion to their resource

One who advances, entitled to reimbursement

Same preference for recipient, except a child subject to parental authority is preferred
over spouse

21. When would good faith or bad faith be material to a void marriage?

Either of the contracting parties in good faith believe that solemnizing officer has
authority
Where both parties in a subsequent marriage are in bad faith
o
o

The marriage is VOID ab initio.

All donations and testamentary disposition revoked by operation of law

22. What are the requisites of Psychological Incapacity?

Medically or clinically identified

Sufficiently proven by experts
Existing at the time of celebration of marriage
Medically or clinically Permanent or incurable
Grave enough to make him unable to perform essential obligation of marriage
Alleged in complaint, proven by evidence
o
o
o

Prosecutor and Sol Gen represent the state

Doubts resolved in favor of existence and continuation of marriage
Decision of church matrimonial tribunal, not controlling but respected

23. What are the instances of Fraud that will make it ground for annulling a
marriage?

Non-disclosure of previous conviction from crimes involving moral turpitude

Concealment of pregnancy by another man at time of marriage
Concealment of Sexually Transmitted Disease, regardless of nature, at time of marriage
Concealment of Drug Addiction, Habitual Alcoholism, Homosexuality, or Lesbianism, at
time of marriage

24. What are the effects of annulling a voidable marriage? How does it differ from the
effects of a declaration of nullity of marriage?

Voidable marriage:
o Children conceived or born before the finality of judgment shall be legitimate
o Spouse entitled to support pendente lite
o No children under 7 yrs old shall be separated from mother unless court finds
compelling reason to do so
o Dissolution of ACP/CPG Delivery of presumptive legitime
Declaration of nullity of marriage:
o As if no marriage at all
o Children are Illegitimate
o Property divided on the basis of Art 147/148
o Where one of the parties is in bad faith, his share shall be forfeited in favor of
the common children, other descendants, if none, then to the innocent party

25. What are the grounds for Legal Separation?

Repeated physical violence or grossly abusive conduct directed against the petitioner, a
common child, or a child of the petitioner
o
o

If bodily harm, frequency not severity is determinative

If grossly abusive conduct, not necessary to be frequent

o
o

Does not have to be repeated

Only if its against petitioner

Mere attempt sufficient

o
o
o

A Single act is enough

No conviction required
Perversion includes activities with spouse

Physical violence or moral pressure to compel the petitioner to change religious or

political affiliation

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

Final judgment sentencing the respondent to imprisonment of more than six years, even
if pardoned
Drug addiction or habitual alcoholism of the respondent
Lesbianism or homosexuality of the respondent
Contracting by the respondent of a subsequent bigamous marriage, whether in the
Philippines or abroad
Sexual infidelity or perversion

Attempt by the respondent against the life of the petitioner

o Mere attempt enough, no conviction required
Abandonment of petitioner by respondent without justifiable cause for more than one
year

26. What are the 4 classes of heirs? Who are the members of each class?

Primary compulsary heirs

o Legitimate children and their legitimate descendants
Concurring heirs
o Surviving spouse
o Illegitimate children and their descendants
Secondary heirs
o Legitimate parents and their ascendants
o Illegitimate parents
Other interstate heirs
o Brothers and sisters, nephews and nieces
o Relatives up to the fifth degree
o Government, in default in any of the above

27. What are the two kinds of wills? And what are the requirements for each?

Holographic Will
o Entirely handwritten, dated and signed in language known to testator
Notarial Will
o In writing
o Signed in presence of 3 witnesses, attested and subscribed
o Pages consecutively numbered

o Notarized with attestation clause

28. Who are incapacitated to succeed?

Priest who heard testator confession during his last illness or the minister of the gospel
who extended spiritual aid to him during the same period
Relatives of such priest or minister within the fourth degree, the church, order, chapter,
community, organization, or institution
Guardian as to ward before final accounts of guardianship (except if ascendant,
descendant, brother, sister or spouse)
Attesting witness to execution of the will, his spouse, parents, or children, or anyone
claiming under such witness, spouse, parents, or children
Physician, surgeon, nurse, health officer, or druggist of the last illness
Individuals, associations, corporations not permitted by law to inherit.
Those prohibited under 739 Void Donation
o
o
o

Persons guilty of concubinage or adultery

Persons guilty of same criminal offense, in consideration thereof
Made to public officer or wife, descendant, ascendant, by reason of his office

29. What are the causes of disqualification of children from inheriting?

Maltreatment of testator by word or deed

Led a dishonorable or disgraceful life
Convicted of crime with penalty of civil interdiction

30. What is collation and what are excluded from collation?

Collation: Computing or adding certain values to the estate of properties those given by
donation or gratuitous title to compulsory heirs except to spouse.
Excluded from collation:
o
o
o
o
o

All donations intervivos shall be reduced if found inofficious or impaired legitime

Donations not collationable
Donation given to descendants of children
Donation to spouse of children
Expenses for support, education, medical attendance, customary gifts. Wedding gifts in jewelry,
clothing,