Persons and Family Relations Departmental Exams Last Minute Tips

Juris Doctor 1-C

1. Juan is a Filipino citizen residing in Tokyo, Japan. State what laws govern:
a. His capacity to contract marriage in Japan.
b. His successional rights as regards his deceased Filipino father’s property in Texas, USA
c. The extrinsic validity of the last will and testament which Juan executed while sojourning in
Switzerland.
d. The intrinsic validity of said will.

Suggested Answer

a) Juan’s capacity to contract marriage is governed by Philippine law – i.e. the Family Code – pursuant to
Art. 15, Civil Code, which provides that our laws relating to, among others, legal capacity of persons are
binding upon citizens of the Philippines even though living abroad.
b) By way of exception to the general rule of lex rei sitae prescribed by the first paragraph of Art. 16, Civil
Code, a person’s successional rights are governed by the national law of the decedent (2nd par., Art. 16).
Since Juan’s deceased father was a Filipino citizen, Philippine law governs Juan’s successional rights.
c) The extrinsic validity of Juan’s will is governed by (a) Swiss law, it being the law where the will was
made (Art. 17, 1st par. Civil Code), or (b) Philippine law, by implication from the provisions of Art.
816, Civil Code, which allows even an alien who is abroad to make a will in conformity with our Civil
Code.
d) The intrinsic validity of his will is governed by Philippine law, it being his national law

2. Gene and Jane, Filipinos, met and got married in England while both were taking up post graduate courses
there. A few years after their graduation, they decided to annul their marriage. Jane filed an action to annul
her marriage to Gene in England on the ground of the latter’s sterility, a ground for annulment of marriage
in England. The English court decreed the marriage annulled. Returning to the Philippines, Gene asked you
whether or not he would now be free to marry his former girlfriend. What would your legal advice be?

Suggested Answer

No, Gene is not free to marry his former girlfriend. His marriage to Jane if valid according to the forms
and solemnities of British law, is valid here (Art. 17, 1st par., NCC). However, since Gene and Jane are still
Filipinos, although living in England, the dissolution of their marriage is still governed by Philippine law (Art.
15, NCC). Since, sterility is not one of the grounds for the annulment of a marriage under Art. 45 of the Family
Code, the annulment of Gene’s marriage to Jane on that ground is not valid in the Philippines (Art. 17, par.,
NCC).

3. In 1985, Sonny and Lulu, both Filipino citizens, were married in the Philippines. In 1987, they separated,
and Sonny went to Canada, where he obtained a divorce in the same year. He then married another Filipina,
Auring, in Canada on January 1, 1988. They had two sons, James and John. In 1990, after failing to hear
from Sonny, Lulu married Tirso, by whomshe had a daughter, Verna. In 1991, Sonny visited the Philippines
where he succumbed to heart attack.

Discuss the effect of the divorce obtained by Sonny in Canada

Suggested Answer

The divorce obtained by Sonny in Canada shall not be effective as he is still a Filipino citizen at the time
he acquired the same. Paragraph 2, Article 26 of the Family Code contemplates a situation where the spouse
who obtained the divorce decree already ceased to be a Filipino citizen. The reckoning point of the mentioned
provision is the citizenship of the spouse at the time he obtains a divorce decree. If the spouse is still a Filipino
citizen, as with the instant case, Article 15 of the New Civil Code will apply. Hence, the divorce decree
obtained by Sonny shall not be recognized in the Philippines.

4. Brad and Angelina had a secret marriage before a pastor whose office is located in Arroceros Street, City of
Manila. They paid money to the pastor who took care of all the documentation. When Angelina wanted to
go to the U.S., she found out that there was no marriage license issued to them before their marriage. Since
their marriage was solemnized in 1995 after the effectivity of the Family Code, Angelina filed a petition for
judicial declaration of nullity on the strength of a certification by the Civil Registrar of Manila that, after a
diligent and exhaustive search, the alleged marriage license indicated in the marriage certificate does not
appear in the records and cannot be found.

Decide the case and explain.

Suggested Answer

I will grant the petition for judicial declaration of nullity of Brad and Angelina’s marriage on the ground
that there is a lack of marriage license. Article 3 of the Family Code provides that one of the formal requisites of
marriage is a valid marriage license and Article 4 of the same Code states that absence of any of the essential or
formal requisites shall render the marriage void ab initio. In Abbas v. Abbas [689 SCRA 646 (2013)], the
Supreme Court declared the marriage as void ab initio because there is proof of lack of record of marriage
license. The certification by the Civil Registrar of Manila that, after diligent and exhaustive search, the alleged
marriage license indicated in the marriage certificate does not appear in the records and cannot be found proves
that the marriage of Brad and Angelina was solemnized without the requisite marriage license and is therefore
void ab initio. The absence of the marriage license was certified to by the local civil registrar who is the official
custodian of these documents and who is in the best position to certify as to the existence of these records. Also,
there is a presumption of regularity in the performance of official duty (Republic v. CA and Castro, 236 SCRA
257 [1994]).

5. On Valentine's Day 1996, Ellas and Fely, both single and 25 years of age, went to the city hall where they
sought out a fixer to help them obtain a quickie marriage. For a fee, the fixer produced an ante-dated
marriage license for them, Issued by the Civil Registrar of a small remote municipality. He then brought
them to a licensed minister in a restaurant behind the city hall, and the latter solemnized their marriage right
there and then.

Is their marriage valid, void or voidable? Explain.

Would your answer be the same if it should turn out that the marriage license was spurious? Explain.

Suggested Answer

1. The marriage is valid. The irregularity in the issuance of a valid license does not adversely affect the
validity of the marriage. The marriage license is valid because it was in fact issued by a Civil
Registrar (Arts. 3 and 4, FC).
2. No, the answer would not be the same. The marriage would be void because of the absence of a
formal requisite. In such a case, there was actually no valid marriage license.

6. What is the status of the following marriages and why?

a) A marriage between two 19-year olds without parental consent.

a. The marriage is voidable. The consent of the parties to the marriage was defective. Being below 21
years old, the consent of the parties is not full without the consent of their parents. The consent of the
parents of the parties to the marriage is indispensable for its validity.
b. Between 21-year olds, the marriage is valid despite the absence of parental advice, because such absence
is merely an irregularity affecting a formal requisite i.e., the marriage license and does not affect the
validity of the marriage itself. This is without prejudice to the civil, criminal, or administrative liability
of the party responsible therefor.
c. By reason of public policy, the marriage between Filipino first cousins is void (Art. 38, par. 1, FC), and
the fact that it is considered a valid marriage in a foreign country in this case, Spain— does not validate
it, being an exception to the general rule in Art. 26 of said Code which accords validity to all marriage
solemnized outside the Philippine x x x and valid there as such.
d. It depends. If the marriage before the notary public is valid under Hongkong Law, the marriage is valid
in the Philippines. Otherwise, the marriage that is invalid in Hongkong will be invalid in the Philippines.
e. VALID. It is jurisprudential that a marriage solemnized by a town mayor outside of his jurisdiction is a
mere irregularity and will not invalidate the marriage. Hence, the marriage solemnized bby a town
mayor three towns away from his jurisdiction is a valid marriage.

7. Romeo and Juliet, both Filipinos, got married. After a few years, Juliet got word from her mother that she
can go to the United States for naturalization. Juliet promised she will be back the moment she becomes an
American. After sometime, Romeo learned from a friend that Juliet already became a U.S. citizen and even
divorced him to marry a wealthy American businessman. Romeo filed a petition before the Regional Trial
Court praying that an order be issued authorizing him to remarry pursuant to Article 26 of the Family Code.
Decide the petition with reasons.

Suggested Answer

Romeo shall be capacitated to remarry under Article 26, Paragraph 2 of the Family Code. Here, Juliet
obtained a divorce decree when she was already a U.S citizen. The reckoning point of the mentioned provision
is the citizenship of the spouse at the time he or she obtains a divorce decree. Hence, Romeo shall be allowed to
remarry.

8. Gemma filed a petition for the declaration of nullity of her marriage with Arnell on the ground of
psychological incapacity. She alleged that after 2 months of their marriage, Arnell showed signs of
disinterest in her, neglected her and went abroad. He returned to the Philippines after 3 years but did not
even get in touch with her. Worse, they met several times in social functions but he snubbed her. When she
got sick, he did not visit her even if he knew of her confinement in the hospital. Meanwhile, Arnell met an
accident which disabled him from reporting for work and earning a living to support himself. Will Gemma's
suit prosper? Explain.

Suggested Answer

Gemma’s suit will not prosper. The acts of Arnell complained about do not by themselves constitute
psychological incapacity. It is not enough to prove the commission of those acts or the existence of his
abnormal behaviour. It must be shown that those acts or that behaviour was manifestation of a serious mental
disorder and that it is the root cause why he was not able to perform the essential duties of married life. It must
also be shown that such psychological incapacity, as manifested in those acts or that behaviour, was existing at
the time of the celebration of the marriage. In this case, there was no showing that Arnell was suffering from a
manifestation of that disorder, and that such disorder prevented him from complying with his duties as a
married person.

9. Amor gave birth to Thelma when she was 15 years old. Thereafter, Amor met David and they got married
when she was 20 years old. David had a son, Julian, with his ex-girlfriend Sandra. Julian and Thelma can
get married.

Is the marriage valid?

Suggested Answer

Julian and Thelma can get married. Marriage between stepbrothers and stepsisters are not among the
marriages prohibited under the Family Code.

10. A and B, both 18 years old, were sweethearts studying in Manila. On August 3, 1988, while in first year
college, they eloped. They stayed in the house of a mutual friend in town X, where they were able to obtain
a marriage license. On August 30, 1988, their marriage was solemnized by the town mayor of X in his
office. Thereafter, they returned to Manila and continued to live separately in their respective boarding
houses, concealing from their parents, who were living in the province what they had done. In 1992, after
graduation from college, A and B decided to break their relation and parted ways. Both went home to their
respective towns to live and work. Can either or both of them contract marriage with another person without
committing bigamy? Explain your answer.

Suggested Answer

Either or both of the parties cannot contract marriage in the Philippines with another person without
committing bigamy, unless there is compliance with the requirements of Art. 52 Family Code, namely: there
must be a judgment of annulment or absolute nullity of the marriage, partition and distribution of the properties
of the spouses and the delivery of their children’s presumptive legitimes, which shall be recorded in the
appropriate Civil Registry of Property, otherwise the same shall not affect third persons and the subsequent
marriage shall be null and void (Arts. 52 and 53, Family Code).

11. Yvette was found to be positive for HIV virus, considered sexually transmissible, serious and incurable. 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.

Suggested Answer

No, Joseph knew that Yvette was HIV positive at the time of the marriage. He is, therefore, not an
injured party. The FC gives the right to annul the marriage only to an injured party [Art. 47 (5), FC].

12. After they got married, Nikki discovered that Christian was having an affair with another woman. But Nikki
decided to give it a try and lived with him for two (2) years. After two (2) years, Nikki filed an action for
legal separation on the ground of Christian’s sexual infidelity. Will the action prosper? Explain. (2012 Br)

Suggested Answer

Nikki’s action will not prosper on account at condonation. Although the action for legal separation has
not yet prescribed, the prescriptive period being five years, the decision of Nikki to live with Christian after
discovering his affair amounts to condonation of such act. However, if such affair is still continuing, Nikki's
action would prosper because the action will surely be within (5) years from the commission of the latest act of
sexual infidelity. Every act or sexual liaison is a ground for legal separation.
13. The day after John and Marsha got married, John told her that he was impotent. Marsha continued to live
with John for 2 years. Is Marsha estopped from filing an annulment case against John?

Suggested Answer

Marsha is not estopped from filing an annulment case against John on the ground of his impotence, because
she learned of his impotence after the celebration of the marriage and not before. Physical incapacity to
consummate is a valid ground for the annulment of marriage if such incapacity was existing at the time of the
marriage, continues and appears to be incurable. The marriage may be annulled on this ground within five years
from its celebration (Art. 45 [5], Family Code).

14. Marco and Gina were married in 1989. Ten years later, or in 1999, Gina left Marco and lived with another
man, leaving their two children of school age with Marco. When Marco needed money for their children's
education he sold a parcel of land registered in his name, without Gina's consent, which he purchased before
his marriage. Is the sale by Marco valid, void or voidable? Explain with legal basis.

Suggested Answer

The sale made by Marco is considered void. The parties were married in 1989 and no mention was made
whether they executed a marriage settlement. In the absence of a marriage settlement, the parties shall be
governed by absolute community of property whereby all the properties owned by the spouses at the time of the
celebration of the marriage as well as whatever they may acquire during the marriage shall form part of the
absolute community. In ACP, neither spouse can sell or encumber property belonging to the ACP without the
consent of the other. Under Article 96 of the Family Code, any sale or encumbrance made by one spouse
without the consent of the other shall be void although it is considered as a continuing offer on the part of the
consenting spouse upon authority of the court or written consent of the other spouse.

15. Ed and Beth have been married for 20 years without children. Desirous to have a baby, they consulted Dr.
Jun Canlas, a, prominent medical specialist on human fertility. He advised Beth to undergo artificial
insemination. It was found that Ed’s sperm count was inadequate to induce pregnancy. Hence, the couple
looked for a willing donor. Andy the brother of Ed, readily consented to donate his sperm. After a series of
test, Andy's sperm was medically introduced into Beth's ovary. She became pregnant and 9 months later,
gave birth to a baby boy, named Alvin.
a. Who is the Father of Alvin? Explain.
b. What are the requirements, if any, in order for Ed to establish his paternity over Alvin?

Suggested Answer

a. Ed is the father of Alvin because Alvin was conceived and born during the marriage of his
mother to Ed. Under the law, the child born during the marriage of the mother to her husband is
presumed to be the legitimate child of the husband (Concepcion v. Almonte, 468 SCRA 438
[2005]). While it is true that there was no written consent by the husband to the artificial
insemination, absence of such consent may only give the husband a ground to impugn the
legitimacy of the child but will not prevent the child from acquiring the status of legitimate child
of the husband at the time of its birth.
b. To establish Ed’s paternity over Alvin, only two requirements must concur: (1) the fact that Ed
and the mother of Alvin are validly married, and (2) the fact that Alvin was conceived or born
during the subsistence of such marriage.

16. 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 Parañaque. 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. Is Venus legitimate, illegitimate, or legitimated? Explain briefly.

Suggested Answer

Venus is illegitimate. She was conceived and born outside a valid marriage. Thus, she is considered illegitimate
(Art 165, FC). While Venus was legitimated by the subsequent marriage of her parents, such legitimation was
rendered ineffective when the said marriage was later on declared null and void due to absence of a marriage
license.

Under Article 178 of the Family Code, “legitimation shall take place by a subsequent valid marriage between
parents. The annulment of a voidable marriage shall not affect the legitimation.” The inclusion of the
underscored portion in the Article necessarily implies that the Article's application is limited to voidable
marriages. It follows that when the subsequent marriage is null or void, the legitimation must also be null and
void. In the present problem, the marriage between B and G was not voidable but void. Hence, Venus has
remained an illegitimate child.

17. Two (2) months after the death of her husband who was shot by unknown criminal elements on his way
home from office, Rose married her childhood boyfriend, and seven (7) months after said marriage, she
delivered a baby. In the absence of any evidence from Rose as to who is her child's father, what status does
the law give to said child? Explain.

Suggested Answer

The child is legitimate of the second marriage under Article 168(2) of the Family Code which provides that a
"child born after one hundred eighty days following the celebration of the subsequent marriage is considered to
have been conceived during such marriage, even though it be born within three hundred days after the
termination of the former marriage."

18. Spouses Esteban and Maria decided to raise their two (2) nieces, Faith and Hope, both minors, as their own
children after the parents of the minors died in a vehicular accident. Ten (10) years after, Esteban died.
Maria later on married her boss Daniel, a British national who had been living in the Philippines for two (2)
years. With the permission of Daniel, Maria filed a petition for the adoption of Faith and Hope. She did not
include Daniel as her co-petitioner because for Maria, it was her former husband Esteban who raised the
kids.

If you are the judge, how will you resolve the petition?

Suggested Answer

I will dismiss the petition for adoption. The rule is that the husband and wife must jointly adopt and
there are only three recognized exceptions to joint adoption by the husband and wife: 1) if one spouse seeks to
adopt the legitimate child of the other; 2) if one spouse seeks to adopt his or her own illegitimate child; 3) if the
spouses are legally separated. The case of Maria and Daniel does not appear to fall under any of the recognized
exceptions; accordingly the petition filed by the wife alone should be dismissed.