PERSONS AND FAMILY RELATIONS

FINAL EXAMINATION
FIRST SEMESTER 2012
COLLEGE OF LAW, UC

SECTIONS C AND D

NAME:
SECTION:

PART I.
MULTIPLE CHOICE

Instructions: Read each question or problem carefully. Choose the CORRECT answer
and write the same on the space provided. Each question is equivalent to 2 points. At
the end of your examination, fold this questionnaire into three and pass it together with
your memorandum. GOOD LUCK!

1.______ The majority age begins at the age of:

A. 21 
B. 20
C. 18
D. 16

2.______ Who may solemnize marriages anywhere in the Philippines?

A. A Consul-General
B. A Court of Appeals justice
C. A ship captain
D. A military commander

3.______ Sonny, a Filipino citizen, obtained a divorce in Canada from his wife, Lulu,
also a Filipino citizen. Is the divorce valid and binding?

A. It is not since Philippine law binds Filipinos abroad and it does not
permit divorce.
B. It is since Philippine law does not operate in Canada.
C. It is not since Philippine law is recognized in Canada.
D. It is since international law demands local recognition of foreign acts.

4.______Under Article 26 of the Family Code, when a foreign spouse divorces his/her
Filipino spouse, the latter may re-marry by proving, among others:

A. That he/she has secured and been granted a divorce decree by the
country of which his/her foreign spouse is a national of.
B. That he/she has secured and been granted by a Philippine court a
declaration of nullity of his or her marriage.
C. That the foreign spouse has obtained a divorce against her or him
abroad.
D. That he/she has secured and been granted a divorce by the Philippine
courts.

5.______The general rule is after its publication in the Official Gazette and a newspaper
of general circulation, laws shall take effect:

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 A. After 15 days therefrom
B. Immediately upon approval of the law by the President
C. 30 days after its publication
D. On the date the law was passed by congress

6.______For purposes of effectivity, publication of the law is:

A. directory
B. permissible
C. mandatory
D. discretionary

7.______Laws that are not covered by the publication requirement are:

A. Presidential Decrees and Executive Orders

B. Municipal Ordinances
C. Administrative Rules and Regulations, if their purpose is to enforce or
implement existing law pursuant to a valid delegation
D. Those laws passed by congress

8.______Spouses A and B died in 1989 leaving 4 children behind, two of whom were
already of age then. All four children live and continue to live in the family
home. In 2010, the older children sought the partition of the home although
they no longer live in their family home. Only their sister C, her spouse and their
two minor children live therein today. May the family home be partitioned?

A. The family home may be partitioned only after ten years from the
death of one or both of the spouses who constituted the same.
B. The family home may not be partitioned for as long as a minor
beneficiary lives therein.
C. The family home may not be partitioned when a child of the persons who
constitute the family home continues to live therein.
D. As coheirs and co-owners of the family home, the two older children may
demand partition any time after the death of their parents who constituted
the family home.

9.______What is the concept of Civil Code?

A. 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
acts.

B. It is 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 a society
for the protection of private interests.

C. A collection of laws which regulates the public relations of the

members of civil society, determining the respective rights and
obligations, with reference to persons, things, and civil acts.

D. 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 a society
for the protection of public interest.

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10.______ What is not an exception to the rule that laws shall have no retroactive
effect?

A. When the law itself expressly provides for its retroactivity;

B. When the law is penal insofar as it favors the accused who is a

habitual criminal, even though at the time of the enactment of
such law final sentence has already been rendered;

C. When the law is procedural so long as it does not affect or

change vested rights;

D. When the law is curative in character in the sense that the

purpose for its enactment it is to cure defects or imperfections
in judicial or administrative proceedings;

11.______ What is not an exception to the rule that an act executed against
provisions of mandatory or prohibitory laws shall be void?

A. Where the law itself authorizes its validity;

B. Where the law itself authorizes its validity, but punishes the
violator;

C. Where the law merely makes the act valid;

D. Where the law declares the act as void, but recognizes legal
effects as arising from it.

12.______ What law will govern real as well as personal properties?

A. It is subject to the national law of the person who owns the

property.
B. It is subject to the law of the country where it is situated.
C. It is subject to the law of the place where the owner habitually
resides.
D. It is subject to the law of the place chosen by the owner.

13.______ Penal laws and laws of public security of the Philippines are binding
upon whom?

A. Upon all Philippine citizens whether they live or sojourn in the

Philippines or not.
B. Upon Philippine citizens who live or sojourn outside the
Philippines.
C. Upon foreigners who live or sojourn in the Philippines.
D. Upon all persons who live or sojourn in the Philippines.

14.______ The following are all requisites for a valid waiver of rights except:

A. The existence of the right.

B. The waiver is not contrary to law, morals, good custom, public
order, or public policy.
C. The person waiving the right waives the same intentionally.
D. The waiver is prejudicial to a third person with a right recognized
by law.

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15.______ For civil purposes, when is the fetus considered born?

A. For civil purposes, the fetus is considered born if it is alive at the time
it is completely delivered from the mother’s womb. However, if the
fetus had an intra-uterine life of more than 7 months, it is not
deemed born if it dies within twenty-four hours after its complete
delivery from the maternal womb

B. For civil purposes, the fetus is considered born if it is alive at the

time it is completely delivered from the mother’s womb. However, if
the fetus had an intra-uterine life of less than 7 months, it is
not deemed born if it dies within twenty-four hours after its
complete delivery from the maternal womb.

C. For civil purposes, the fetus is considered born if it is alive at the time
it is completely delivered from the mother’s womb. However, if the
fetus had an intra-uterine life of 7 months, it is not deemed
born if it dies within twenty-four hours after its complete
delivery from the maternal womb.

D. For civil purposes, the fetus is considered born if it is alive at the time
it is completely delivered from the mother’s womb. However, if the
fetus had an intra-uterine life of at least 7 months, it is not
deemed born if it dies within twenty hours after its complete
delivery from the maternal womb.

16.______ “Laws relating to family rights and duties, and to the status, condition, or
legal capacity of persons is binding upon citizens of the Philippines even
though living abroad.” This is known as the principle of:

A. lex loci celebrationis

B. jus soli
C. lex nationali
D. jus sanguinis

17.______ Which of the following is not a requisite of a valid marriage?

A. A valid marriage contract.

B. Authority of the solemnizing officer.
C. Consent of the contracting parties that is freely given in the presence of
the solemnizing officer.
D. Legal capacity of the contracting parties who must be male and female.

18.______ Who among the following, may not solemnize a marriage in articulo mortis?

A. A military commander of a unit, who is a commissioned officer, in the

absence of the chaplain assigned to said unit, between persons
within the zone of military operations, whether members of the
armed forces or civilians.

B. A consul-general, consul, or vice-consul, in marriages between a

Filipino citizen and a foreigner solemnized abroad.

C. Any priest, rabbi, iman, or minister of any church or religious sect duly
authorized by his church or religious sect and registered with the
civil registrar general, acting within the limits of the written
authority granted him by his church or religious sect and

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 provided that at least one of the contracting parties belongs to the
solemnizing officer’s church or religious sect.

D. A ship captain or airplane chief between passengers or crew members,

while the ship is at sea or the plane is in flight or during stopovers
at ports of call.

19.______ What is the effect of an irregularity in the formal requisites of marriage?

A. The irregularity renders the marriage voidable.

B. The irregularity makes the parties to the marriage civilly, criminally, or

administratively liable.

C. The irregularity does not affect the validity of the marriage.

D. The irregularity renders the marriage void.

20.______ From which Civil Registrar Office must the parties to a marriage apply and
secure a marriage license?

A. The Office of the Civil Registrar of the place where either of the
parties habitually resides.

B. The Office of the Civil Registrar where both of the parties habitually
reside.

C. Any office of a Civil Registrar in the Philippines.

D. The office of the Civil Registrar where they intend to hold the marriage
ceremony.

21.______ When either of the contracting parties to a marriage in the Philippines are
citizens of a foreign country, what must such party submit to the Local Civil
Registrar before they can obtain a valid marriage license?

A. An original or certified true copy of the birth certificate of the citizen of

the foreign country issued by their respective diplomatic or consular
officials.

B. An affidavit stating the circumstances showing their capacity to contract

marriage.

C. A certificate of legal capacity to contract marriage, issued by their

respective diplomatic or consular officials.

D. Their passport to show that they are allowed to be in the Philippines on

the date they plan to celebrate their marriage.

22.______When is a marriage license not necessary? In a marriage between a man

and a woman who:

A. Have lived together as common law husband and wife for at least four
years and have no legal impediment to marry each other for the
entire time that they cohabited with one another.

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 B. Have lived together for at least five years and have no legal impediment
to marry each other during the entire five year period prior to their
marriage.

C. Have lived together as husband and wife for a period of at least five
years and have no legal impediment to marry each other.

D. Have lived together for seven years and had no legal impediment to
marry each other during the period of their cohabitation.

23.______ What is not one of the minimum requirements imposed by our law for a valid
marriage ceremony?

A. That the contracting parties appear personally before the solemnizing

officer.

B. That they give their declaration that they take each other as husband
and wife before the solemnizing officer.

C. Their declaration that they take each other as husband and wife before
the solemnizing officer in the presence of two witnesses of legal age.

D. That the contracting parties to the marriage sign the marriage

contract in the presence of the solemnizing officer and their two
witnesses of legal age.

24.______When may the Local Civil Registrar validly refuse to issue a marriage
license?

A. When a legal impediment to the impending marriage is personally known

by him.

B. When the presence of a legal impediment of one or both of the

contracting parties to the marriage is brought to his attention.

C. Where he has been enjoined from issuing the marriage license by a

court order brought principally to enjoin the issuance thereof.

D. Where either or both of the applicants for a marriage license is below

eighteen years of age.

25._______Ariel marries Gemma on September 11, 1999. Both of them are Filipino
citizens. After two years, Ariel goes to England and marries Margot there. When
Ariel comes back to the Philippines, Greta files a criminal case for bigamy
against Ariel. May Ariel be prosecuted for bigamy in the Philippine courts?

A. Yes, Ariel can he prosecuted for bigamy before the Philippine courts
because as a Philippine citizen he is governed by Philippine law.
Since he committed bigamy, a crime punishable under our laws, he
can be prosecuted for the same in the Philippines.

B. Yes, because except for a few states and religions, bigamy is recognized
as a crime all over the world. This being the case, it is immaterial
where the crime is committed for Philippine courts to acquire
jurisdiction for the prosecution of the offense.

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 C. No, Ariel cannot be prosecuted for bigamy before the Philippine
courts because our courts do not have jurisdiction over the area
where the crime was committed. In criminal law, we adhere
to the principle of territoriality. The crime having been committed
outside the criminal jurisdiction of our courts, Ariel cannot be
prosecuted for the same in the Philippines.

D. No, Ariel cannot be prosecuted for bigamy here in the Philippines unless
he is prosecuted together with Margot. Where there are two or more
persons responsible for the crime, they must be prosecuted
together.

26.______Claro and Clarisse, both Filipino citizens, get married in the Philippines.
When Claro goes to the United States he secures a divorce from Clarisse and
marries Sheena, an American citizen, after which he acquires American
citizenship. Clarisse after learning of the marriage of Claro to Sheena, marries
Soliman. What is the status of the marriage of Clarisse and Soliman?

A. The marriage is void because Clarisse did not first secure a recognition
of the divorce decree in the Philippine courts.

B. The marriage is void because Clarisse should have first ascertained and
secured a certificate from the U.S. Embassy or consul office that
Claro was capacitated to contract a subsequent marriage.

C. The marriage is void because it is a bigamous marriage. Clarisse

marriage to Claro was not dissolved by reason of the divorce he
secured in the United States against her. When she
contracted a subsequent marriage with Soliman, their marriage is
bigamous.

D. Void, because she did not first secure a declaration of nullity of her
marriage with Claro on the basis of the divorce decree that Claro
secured in the States.

27._______Spouses Rex and Lea bore two children now aged 14 and 8. During the
subsistence of their marriage, Rex begot a child by another woman. He is now 10
years of age. On Lea’s discovery of Rex’s fathering a child by another woman,
she filed a petition for legal separation which was granted. Rex now wants to
adopt his illegitimate child. Whose consent is not needed for Rex’sadoption of
his illegitimate child?

A. Lea, his wife

B. The biological mother of the child sought to be adopted
C. His illegitimate child
D. Rex’ 8 year old legitimate child with Lea.

28._______In 1997, B and G, both 23 years of age started living together without the
benefit of marriage. The relationship produced one offspring, Venus. In 2001,
B and G contracted marriage without a license. The marriage of B and G was,
five years later, declared null and void due to the absence of a marriage
license. What is the status of their child Venus?

A. Legitimated
B. Legitimate
C. Illegitimate
D. Natural child by legal fiction

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29.______A and B are husband and wife. On the tenth year of their marriage, B
conceived and gave birth to a baby boy whom she named X. A impugns the
legitimacy of X on the ground that he is and has always been sterile and thus
he could not possibly be the father of X. Is sterility a ground to impugn the
legitimacy of a child?

A. No, sterility is not synonymous with impotency. Impotency is a ground

to impugn the legitimacy of a child on the basis that the husband
was physically incapable of having sexual intercourse with his wife
during the first 120 days of the 300 days which immediately
preceded the birth of the child. The husband may be potent and thus
capable of having intercourse with the wife but may not be able to
impregnate her because he is sterile.

B. Yes, sterility is a ground to prove that for biological or scientific

reasons, the child could not have been the husband’s.
Consequently, his sterility would constitute physical impossibility to
impregnate the wife during the first 120 days of the 300 days which
immediately preceded the birth of the child.

C. No, sterility is not synonymous with impotency. Sterility is the inability

to procreate, while impotency is the physical inability to copulate.
Consequently, it cannot establish the physical impossibility
of access between husband and wife during the first 120 days of the
300 days immediately preceding the birth of the child.

D. No, sterility is not one of the grounds provided under the Family Code
by which the husband may impugn the legitimacy of a child. The
grounds provided under the law are exclusive.

30.______The forms and solemnities of contracts, wills, and other public instruments
shall be governed by the laws of the country in which they are executed. This
is the principle of:

A. Rex Lei Sitae

B. Nationality Principle
C. Extra-Territoriality Principle
D. Lex Loci Celebrationis

31._______A and B have been cohabiting as husband and wife without the benefit of
marriage since they were 16 years of age. Their child C was born when they
were 17 years of age. When A and B were 26 years of age they decided to
contract marriage. What is the status of their child C?

A. Illegitimate
B. Legitimate
C. Natural born by Legal Fiction
D. Legitimated

32.______When shall the absolute community of property govern the property

relations of the spouses?

A. When they have chosen and executed a marriage settlement choosing

another property regime prior to the celebration of their marriage.

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 B. When they have entered into a marriage settlement prior to their
marriage choosing the regime of conjugal partnership of gains but
thereafter the spouses secure and are granted legal
separation.

C. When the spouses contracted marriage without having chosen any

property regime to govern their property relations during the
marriage and thereafter one of the spouses to the marriage is granted
by court a judicial separation of properties.

D. When the spouses contract marriage and execute thereafter a

marriage settlement choosing the Absolute Community Property.

33._______Spouses A and B have been married for 15 years but cannot conceive a
child. They decide to adopt X which, upon petition with the court, is granted.
When X was a teenager he was unruly, constantly badmouthed his adopted
parents, stole from them, threaten them with physical abuse, and had in fact
caused them physical harm on several occasions. What is the remedy of A and
B?

A. The adopting parents may rescind the adoption.

B. The adopting parents cannot rescind the adoption but may disinherit
the adopted child for cause.
C. The adopting parents may return the adopted child to his/her biological
parents.
D. The adopting parents may validly waive and transfer parental custody
over the adopted child.

34.______Spouses A and B contracted marriage without entering into any marriage

settlement. They have acquired considerable real and personal properties
during their 15 years together as husband and wife. On the 16 th year, A files
for declaration of nullity on the ground of the psychological incapacity of B which
is granted by the court. How will their properties be distributed upon the
dissolution of their marriage?

A. In accordance with the procedure for the liquidation of the Absolute

Community Property

B. In accordance with the procedure for the dissolution, liquidation and

partition of the Conjugal Partnership of Gains.

C. In accordance with the provisions of the Civil Code on Co-ownership.

D. In accordance with the provisions of Co-ownership under Article 147

of the Family Code.

35.______A and B contracted marriage in August of 1990. After the termination of their
marriage, B the wife contracted marriage with C. B gives birth to a healthy
baby boy 190 days following the celebration of the marriage of B and C but
within 300 days from the termination of B’s marriage to A. What is the status
of the child of B?

A. Illegitimate
B. Legitimate
C. The status of the child will depend upon the status of the marriage in
which he or she is considered to have been conceived.
D. Legitimated

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36._______A and B set the date of their marriage on April 1, 2011. Prior to their
marriage they executed a marriage settlement choosing the Conjugal Partnership
of Gains. In the same document, and because B had agreed to marry him, A
gave his future wife a parcel of land. A day before their wedding, B ran away
with her former boyfriend in high school. What happens to the donation of the
parcel of land?

A. The donation is rendered void when the marriage did not take place.
B. The donation of the parcel of land remains valid for as long as B
accepted the same in a public instrument.
C. The donor may revoke the donation.
D. The donor may cause the annulment of the donation.

37._______What is the Parental Preference Rule?

A. The law favors the mother if she is a fit and proper person to have
custody of her children so that they may not only receive her
attention, care, supervision and kindly advice, but also may have the
advantage and benefit of a mother’s love and devotion for which there is
no substitute.

B. The law favors the father if he is a fit and proper person to have
custody of his children so that they may not only receive his
attention, care, supervision and kindly advice, but also may have the
advantage and benefit of a father’s love and devotion for which there
is no substitute.

C. The natural parents, who are of good character and who can
reasonably provide for the child, are ordinarily entitled to the
custody as against all persons.

D. In default of parents or a judicially appointed guardian; the surviving

grandparent, oldest brother or sister, over twenty-one years of age,
unless unfit or disqualified, and the child’s actual custodian,
over twenty-one years of age, unless unfit or disqualified, in the
order given shall exercise parental authority and custody over the child.

38.______When did the Family Code take effect:

A. August 3, 1988
B. August 30, 1988
C. August 30, 1989
D. August 3, 1989

39._______ A and B are married. A, the wife, leaves the conjugal dwelling without just
cause and with the intention of living separately from her husband. B, the
husband, filed a case to compel the wife to return to the conjugal dwelling and
live with him. Can a spouse compel the other spouse to resume matrimonial
life together?

A. Yes, where a spouse lives the conjugal dwelling without just and legal
causes, he/she may be compelled by court order to return to the
same to render his/her matrimonial obligations.

B. No, a spouse who lives the conjugal dwelling without just or legal causes
should not be allowed to return to the same. Said spouse is

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deemed to have abandoned the other spouse and as such is not
entitled to support nor to be even allowed back to the conjugal dwelling
to resume matrimonial life with the aggrieved spouse.

C. Yes, the spouse can be compelled to return to the matrimonial home

and to resume his/her matrimonial duties. Among the essential
and important duties of a spouses is to live together, and to render
mutual love and support. This cannot be done where the other
spouse is allowed to stay away from the conjugal dwelling
without just and legal causes.

D. No, it is not within the province of the Courts in this country to

attempt to compel one spouse to cohabit with, and render conjugal
rights to, the other.

40.______When did the New Civil Code take effect?

A. August 3, 1950
B. August 30, 1950
C. January 26, 1949
D. December 15, 1947

41._______ The change of name of a person, or any correction or thereof as

appearing in the civil register may be done

A. Only by judicial order

B. By a Sworn Affidavit of the person who wishes the change of his/her given
name
C. By the Municipal or City Local Civil Registrar where the birth certificate
was registered
D. By legislation

42.______Republic Act 9804 now allows the change of or corrections of entry

involving a persons’ sex as appearing in his or her birth certificate with
the municipal or city local civil registry by the Municipal or City Local
Civil Registry by reason on sex reassignment:

A. Yes, if there was a mistake made by the person who caused the
registration
B. No, it must be by judicial order.
C. Yes, provided he/she is able to prove he/she has undergone sex
reassignment
D. No, there is no law changing the entry of sex in one’s birth certificate on
the basis of sex reassignment.

43_______Alison, a minor, is the biological child of Alvin and Anna. Barney and
Bernice filed a petition to adopt Alison on March 28, 2010. The petition was
granted on April 12, 2011. On October 12, 2010, while Alison was playing with
her friend Candy, the former got mad and threw a stone at Candy which cause
the injury to the eye of Candy and her eventual blindness. The parents of Candy
filed a case for damages on July 15, 2011against the adopting parents of
Allison. Are they liable?

A. Yes. When the petition for adoption was granted, custody and parental
authority was transferred to the adopting parents. At the time of the
filing of the complaint, the adopting parents already exercised parental
custody and authority over the minor child Alison.
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 B. Yes, since the adopting parents are, by law, exercising parental authority
and custody over their adopted child from the time of the filing of
the petition. They are, thus, deemed to be the one responsible over
her.

C. No. Although the adopting parents are deemed to have exercised

parental authority and custody of over the minor child from the time
of the filing of the petition, the fact of the matter is that, it was the
biological parents who were in actual custody of the child at the time
of the incident where the minor child Alison caused an injury to
another child.

D. No. Adoption does not transfer parental responsibility to the adopting

parents over the adopted child. The biological parents continue to
exercise responsibility over their biological child. Adoption
merely gives the adopting parents the custody over the person of the
adopted child in order to enjoy the experience of being parents.

44._______After the absence of seven years, it being unknown whether or not the
absentee still lives, he shall be presumed:

A. An absentee
B. Dead for all purposes
C. Dead for all purposes except for those of succession
D. In continues hiding from the law

45._______When legal separation is granted by the court, the wife’s surname shall be
as follows:

A. She may revert to her maiden surname

B. She shall continue to use the surname of her husband as she did
prior to the decree of legal separation.
C. She may choose any name she wants.
D. She may use the surname of her new husband once she contracts
a subsequent marriage.

PART II.
MEMORANDUM MAKING

INSTRUCTIONS: You are presented with a hypothetical case. Choose the side of the
dispute that you want to uphold and defend and prepare a trial memorandum in support
of your side. Do not write more than four arguments. Quality of writing, not length is
desired. (10 points)

Follow the following format in preparing your memorandum:

I. FACTS OF THE CASE

II. ISSUES
III. ARGUMENTS
IV. CONCLUSION

CASE:

Jose and Maria were married in 1995. They did not have any children then and
this was because Jose’s sperm count was way below average as per medical

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 tests conducted on him. Unknown to Maria, she and Jose are blood related.
Maria found out about this five years into their marriage when Jose’s aunt Leticia
came home from the United States after 30 years. During her visit, when Aunt
Leticia and Maria were talking about their families, Aunt Leticia realized that
Maria’s father is her and Jose’s mother’s long lost brother Miguel. Aunt Leticia
told Maria that when they were young, Miguel their brother went swimming with
some friends. And later that day, the friends of Miguel came to their home to
inform them that when Miguel and two of their other friends were swimming a big
wave suddenly appeared and that it had seemed to swallow them up. They saw
Miguel and his two other companions struggling in the water. Another big wave
came along and again the three companions disappeared. They all rushed to try
and save the three friends but were only able to save two of them. They could
not find Miguel no matter how hard they tried. Miguel’s body was never
recovered.

Maria and Jose were able to confirm that, indeed, they were blood related and
from that day, Maria could not stand to be in the same house with Jose much
less share the same bed. Although she remained with him, she eventually had a
love affair with Donald, her high school boyfriend. A year into their affair, Maria
became pregnant and gave birth to a healthy baby boy who was the spitting
image of Donald. It was also during this time that Jose left to work abroad and
would come home only every six months and stay for only a week. Donald, upon
seeing his 3 year old son in the hands of Jose knew immediately that this was his
son. He desperately wanted to take Maria and their son away from Jose so that
they may live together as a family. Maria, however, wanted to end their
relationship and remain with Jose because he was kind and gentle to her,
provided well for her and she saw how much Jose loved and cared for her son.
Donald then decided that if he could not have Maria he must at least have his
son with him. On one of his visits to the house of Jose and Maria, he asked to
hold the child and when no one was looking, he took some hair of the child. He
then brought this as well as a sample of his own hair and saliva for DNA testing.
The results confirmed that, indeed, Maria’s son was his son. He immediately filed
a case for custody of the child on the ground that he is the natural father. Maria
and Jose opposed the custody case claiming that they were the natural parents
of their son.

Which side would you advocate for and why?

-Nothing Follows -

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