Eastern Samar State University

COLLEGE OF LAW
Borongan City, Eastern Samar

MID-TERM EXAMINATION IN PERSONS & FAMILY RELATIONS

1st Semester, SY 2020 – 2021

PART I: MULTIPLE CHOICE QUESTIONS (15%)

Directions: Choose the best answer from among the choices given. In writing your answer to
PART I of this test, write the item numbers and your letter answer sequentially on the
first page of your answer sheet. (2 points each)

1. A, a rich woman, donated a property to the fetus B, a classmate which was accepted by the
parents. Is the donation valid?
a. No, because the fetus has no juridical personality yet;
b. No, because the fetus must be born before the donation can be valid;
c. Yes, provided that the fetus meets the conditions set forth in Article 41 of
the Civil Code;
d. No, because the done must be alive at the time of the perfection of the donation.

2. A was charged with the crime of murder. He was convicted. While in prison, he executed a
donation in favor of B which was accepted by B in the same deed of donation. Is the donation
valid?

a. Yes, because it was perfected by the acceptance of B;

b. Yes , if the donation is mortis causa;
c. No, if the donation is inter vivos;
d. Yes, regardless of its nature.

3. One of the terms and conditions of employment is that, if a dependent of an employee dies,
the employees shall be entitled to bereavements benefits. A, an employee was pregnant but the
fetus died. Is she entitled to bereavement benefits?
a. No, because the fetus was not yet born;
b. Yes, because the fetus became a dependent upon A from the moment of
conception;
c. No, because the fetus has not yet to be born in order to die;
d. No, because the fetus has no personality yet.

4. A & B are Filipinos. They migrated to the USA where A embraced American Citizenship. A
obtained a divorce decree in the USA. Can B get married again?
a. No, because the marriage was not originally a mixed marriage;
b. Yes, because if there is a mixed marriage, even if mixed after its celebration
and a divorce decree is obtained by the foreigner, in accordance with
 his/her national law, capacitating him/her to remarry under his national law,
the Filipino can remarry;
c. Yes, because A can get married again under his national law;
d. Yes, because otherwise, it would be an injustice to B.

5. A & B, both Filipino Citizens got married in the USA. Two (2) years after the marriage was
celebrated, they quarreled and A filed a petition for divorce which was granted. Can B marry
again?
a. B can get married again because the divorce decree is valid in the USA;
b. B can get married again because the marriage was celebrated in the USA and
valid there as such;
c. B cannot get married again because her legal capacity to marry is governed by
the Philippine Law even if the divorce decree was not obtained in the USA;
d. B cannot get married because the marriage of A and B is not a mixed
marriage.

6. A & B are Filipinos. They migrated to the USA where A embraced American Citizenship. A
obtained a divorce decree in the USA. Can B get married again?
a. No, because the marriage was not originally a mixed marriage;
b. Yes, because if there is a mixed marriage, even if mixed after its celebration
and a divorce decree is obtained by the foreigner, in accordance with his/
her national law, capacitating him/her to remarry under his national law ,
the Filipino can remarry;
c. Yes, because A can get married again under his national law;
d. Yes, because otherwise, it would be an injustice to B.

7. A, an American citizen married B, a Filipina in the Philippines. A obtained a decree of divorce

against B capacitating him to remarry under USA law. Can B remarry?
a. B can get married right away after the decree has become final and executor;
b. B cannot get married because from the point of view of Philippine Law, he is still
married;
c. B can get married provided that she goes to court and proves the decree of
divorce as a fact according to the rules of evidence;
d. B can get married because the divorce decree being valid in the USA is valid in
the Philippines to be fair to B.

8. Which of the following is not governed by the national law of the person whose succession is
under consideration?
a. Amount of succession rights c. preterition
b. Capacity to succeed d. formalities of a will

9. Which of the following does not affect the validity of marriage?

a. License c. lack of registration of the marriage certificate
b. Legal capacity d. authority of the solemnizing officer
10. A & B both Filipinos are married, but at the time of the marriage, B was 16 years old. The
marriage was celebrated in HongKong and valid there as such. A wants to get married again
and came to you for advice. Give you advice to A.
a. I would advice to get married again, anyway, their marriage is void hence, there
is no need to have the marriage declared void;
b. I would advice him to file an action for declaration of nullity of their marriage
before getting married;
c. I would advice him to seek for a certification from the Hongkong authorities that
their marriage is void;
d. I would advice him to go to Hongkong and seek for declaration of nullity
before a competent court and present it to the solemnizing officer.

11. A, a Canadian citizen but a former Filipino and B, a Filipino got married. Due to work
commitment, A went back to Canada after the wedding. A year thereafter he came back to
surprise his wife, but found out that she had marital relationship with C. he divorced the wife and
came back to the Philippines to get married to D. what should he do before he can get married?
a. He has to file a petition for recognition of the foreign judgment;
b. He should ask his former to file a petition for recognition of a foreign judgment ;
c. He should seek for a certificate of eligibility to marry from a consular office of
Canada in the Philippines so he can obtain a marriage license;
d. He should only need to present the divorce decree.

12. A & B both Filipinos are married. A went to the USA and embraced the American
Citizenship; divorced B and got married. Before B can get married again, what action should be
done?
a. B should file a petition for recognition of a foreign judgment;
b. A should file a petition for recognition of the foreign judgment;
c. A and B should file a petition for recognition of a foreign judgment;
d. Nothing, considering that the divorce decree has already severed their marital
relationship

13. A, a Russian citizen married B a Filipina. A divorced B who came back to the Philippines
and filed a petition for recognition of the foreign decree of divorce. It was recognized but the
RTC of Manila found that A is not capacitated to marry. Can B get married?
a. Yes, because the decree of the divorce severed her marital relationship
with A;
b. No, because despite the3 divorce A’s national law does not give him the capacity
to remarry;
c. Yes, to be fair to B;
d. Yes, because the Philippine Law cannot govern the capacity of a foreigner to
remarry.
14. A and B were engaged to marry on April 3, 2012. They entered into a marriage settlement
that they would be bound by the rule on co-ownership. Is the Ante- Nuptial agreement valid?
a. No, because they should be governed by the absolute community because it is
void;
b. Yes, they can agree on any other property regime;
c. No, because they can only agree on the conjugal partnership of gains;
d. No, because they should agree on the complete separation of property regime.

15. What does physical incapacity to consummate marriage mean?

A. Refusal to have sex with spouse;
B. Lack of power to copulate which is permanent in nature;
C. The sexual organ is so small;
D. Sterility.

PART II: ESSAY (80%)

Directions: Read each question carefully and note the points allocated for each question. In your
answers, follow the sequence and the numbering system used in the Questionnaire. Answer
each numbered question on a separate page; an answer to a sub-question under the same
number set may be written continuously on the same page and succeeding pages until
completed. Do not repeat/copy the question before writing your answer.

Your answers should demonstrate your ability to analyze the facts, apply the pertinent
laws and jurisprudence, and arrive at sound and logical conclusions. Always support your
answers with the pertinent laws, rules, and/or jurisprudence. A mere "yes" or "no" answer
without any corresponding explanation or discussion may not be given full credit.

I. In January 2018, Mrs. A, a married woman on her sixth (6th) month of pregnancy, was
crossing a street when she was suddenly hit by a car being recklessly driven by Mr. X. As
a result, Mrs. A sustained serious injuries and further, suffered an unintentional abortion.
Mrs. A was hospitalized for two (2) months, during which she incurred ₱400,000.00 in
medical fees. Her expenses were all duly substantiated by official receipts. During the two
(2)-month period of her confinement, she was unable to report for work and earn any
salary, which was established at the rate of ₱50,000.00 per month. Mrs. A then filed a civil
case for damages against Mr. X. In her complaint filed, she included claims for personal
injury or death for her unborn child.
May Mrs. A claim damages on behalf of her unborn baby? Explain. (5 points)

II. In an action based on breach of promise to marry, what are the possible rights of the
aggrieved party --- (a) when there has been carnal knowledge? (b) when there has been
no carnal knowledge? (5 points)

III. Distinguish between natural-born and naturalized citizen under the 1987 Constitution,
IV. Brent, an American businessman, secured parental consent for the employment of five
minors to play certain roles in two movies he was producing at his home in Makati. They
work at odd hours of the day and night, but always accompanied by parents or other
adults. The producer paid the children talent fees at rates better than adult wages.

But a social worker, Marina, reported to the DSWD that these children often missed
going to school. Thy sometimes drank wine, aside from being exposed to drugs. In some
scenes, they were filmed naked or in revealing costumes. In his defense, Brent contended
that all these were part of artistic freedom and cultural creativity. None of the parents
complained, said Brent. He also said they signed a contract containing waiver of their
rights to file any complaint in any office or tribunal concerning the working conditions of
their children acting in the movies.

Is the waiver valid and binding? Why or why not? Explain. (5 points)

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

a. A marriage between two 19-year olds without parental consent. (3 points)
b. A marriage between two 21-yer olds without parental advice (3 points)
c. A marriage between two Filipino first cousins in Spain where such marriage is
valid. (3 points)
d. A marriage between two Filipinos in Hong Kong before a notary public. (3
points)
e. A marriage solemnized by a town mayor three towns away from his jurisdiction.
(3 points)

VI. While “X”, an Associate Justice of the Court of Appeals, was vacationing in Cebu City,
he was requested to solemnize the marriage of Harry and Riza in the residence of
Harry’s parents. “X” could not refuse the request of both the parents of the couple
because they were his relatives. On the day set for the wedding, there were so many
visitors at the residence of Harry’s parents so that “X” decided to solemnize the marriage
at the kiosk of the public plaza located nearby.
Is the marriage of Harry and Riza valid? Give your reasons (5 points)

VII. Rody and Leni, both Filipinos, met in Los Angeles, California. They agreed to get
married on December 10, 2020. On December 7, 2020, Rody flew to New York due to
an urgent business matter but intended to return to Los Angeles on December 9, 2020,
in time for the wedding. The business emergency of Rody, however, lasted longer than
he expected so that he failed to return to Los Angeles as planned. In order not to
postpone the wedding, Rody immediately called his brother Harry who was also residing
in Los Angeles to stand as his proxy at the wedding, which the latter did.
Is the marriage of Rody and Leni valid in the Philippines? Give your
reasons. (5 points)
VIII. 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.
Will Gemma's suit prosper? Explain. (5 points)
IX. Sidley and Sol were married with one (1) daughter, Solenn. Sedfrey and Sonia were
another couple with one son, Sonny. Sol and Sedfrey both perished in the same plane
accident. Sidley and Sonia met when the families of those who died sued the airlines and
went through grief-counseling sessions. Years later, Sidley and Sonia got married. At that
time, Solenn was four (4) years old and Sonny was five (5) years old. These two (2) were
then brought up in the same household. Fifteen (15) years later, Solenn and Sonny
developed romantic feelings towards each other, and eventually eloped. On their own
and against their parents' wishes, they procured a marriage license and got married in
church.

(a) Is the marriage of Solenn and Sonny valid, voidable, or void? (3 points)

(b) If the marriage is defective, can the marriage be ratified by free cohabitation of
the parties? (3 points)

X. Silverio was a woman trapped in a man's body. He was born male and his birth certificate
indicated his gender as male, and his name as Silverio Stalon. When he reached the age
of 21, he had a sex reassignment surgery in Bangkok, and, from then on, he lived as a
female. On the basis of his sex reassignment, he filed an action to have his first name
changed to Shelley, and his gender, to female. While he was following up his case with
the Regional Trial Court of Manila, he met Sharon Stan, who also filed a similar action to
change her first name to Shariff, and her gender, from female to male.

Sharon was registered as a female upon birth. While growing up, she developed
male characteristics and was diagnosed to have congenital adrenal hyperplasia ("CAH")
which is a condition where a person possesses both male and female characteristics. At
puberty, tests revealed that her ovarian structures had greatly minimized, and she had no
breast or menstrual development. Alleging that for all intents and appearances, as well as
mind and emotion, she had become a male, she prayed that her birth certificate be
corrected such that her gender should be changed from female to male, and that her first
name should be changed from Sharon to Shariff.

Silverio and Sharon fell in love and decided to marry. Realizing that their marriage
will be frowned upon in the Philippines, they travelled to Las Vegas, USA where they got
married based on the law of the place of celebration of the marriage. They, however, kept
their Philippine citizenship.

(a) Is there any legal bases for the court to approve Silverio's petition for correction
of entries in his birth certificate? (4 points)

(b) Will your answer be the same in the case of Sharon's petition? (3 points)
 (c) Can the marriage of Silverio (Shelley) and Sharon (Shariff) be legally
recognized as valid in the Philippines? (3 points)

XI. Isidro and Irma, Filipinos, both 18 years of age, were passengers of Flight No. 317 of
Oriental Airlines. The plane they boarded was of Philippine registry. While en route from
Manila to Greece some passengers hijacked the plane, held the chief pilot hostage at the
cockpit and ordered him to fly instead to Syria. During the hijacking Isidro suffered a heart
attack and was on the verge of death. Since Irma was already eight months pregnant by
Isidro, she pleaded to the hijackers to allow the assistant pilot to solemnize her marriage
with Isidro. Soon after the marriage, Isidro expired. As the plane landed in Syria Irma
gave birth. However, the baby died a few minutes after complete delivery. Back in the
Philippines, Irma immediately filed a claim for inheritance. The parents of Isidro opposed
her claim contending that the marriage between her and Isidro was void ab initio on the
following grounds: (a) they had not given their consent to the marriage of their son; (b)
there was no marriage license; (c) the solemnizing officer had no authority to perform the
marriage; and, (d) the solemnizing officer did not file an affidavit of marriage with the
proper civil registrar.
Resolve each of the contentions [ (a) to (d)] raised by the parents of Isidro.
Discuss fully. (10 points)

XII. On Valentines Day 2016, Elias and Fely, both single and 25 years of age, went to the
Borongan 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.
A. Is their marriage valid, void, or voidable? Explain. (3 points)
B. Would your answer be the same if it should turn out that the marriage license
was spurious? Explain. (3 points)

XIII. In April 2000, Michael and Anna, after obtaining a valid marriage license, went to the
Office of the Mayor of Borongan City to get married. The Mayor was not there, but the
Mayor’s Secretary asked Michael and Anna and their witnesses to fill up and sign the
required marriage contract forms. The secretary then told them to wait, and went out to
look for the Mayor who was attending a wedding in a neighboring municipality. When the
secretary caught up with the Mayor at the wedding reception, she showed him the
marriage contract forms and told him that the couple and their witnesses were waiting in
his office. The Mayor forthwith signed all the copies of the marriage contract, gave them
to the secretary who returned to the Mayor’s office. She then gave copies of the
marriage contract to the parties, and told Michael and Anna that they were already
married. Thereafter, the couple lived together as husband and wife, and had three sons.
 Is the marriage of Michael and Anna valid, voidable, or void? Explain your
answer. (5 points)

XIV. Junior Cruz and Gemma Reyes married on September 1, 2004 at the Manila Hotel before
the Philippine Consul General to Hongkong, who was on vacation in Manila. The couple
executed an affidavit consenting to the celebration of the marriage at the Manila Hotel. Is
the marriage valid? (5 points)

XV. Rody and Leni met while working overseas. They became sweethearts and got engaged to
be married on New Year’s Eve aboard a cruise ship in the Caribbean. They took the
proper license to marry in New York City, where there is a Filipino consulate. But as
planned, the wedding ceremony was officiated by the captain of the Norwegian-
registered vessel in a private suite among selected friends.

Back in Manila, Leni discovered that Rody had been married in Borongan City 5
years earlier but divorced in Australia only last year. His first wife was also a Filipina but
now based in London. Rody himself is a resident of Norway where he and Leni plan to live
permanently.

Leni retains your services to advise her on whether her marriage to Rody is valid
under Philippine law? Is there anything else she should do under the circumstance? (5
points)

-ooOoo-

TEST ENDS HERE.

(Reminder: You have until 8 PM of November 28, 2020 (Saturday) to submit your answer to
this examination. Answers submitted beyond the deadline shall no longer be
considered.)