PERSONS AND FAMILY RELATIONS

17. The spouse who has left the conjugal dwelling for a period of one year or has failed
within the same period to give any information as to his or her whereabouts shall be
True or False prima facie presumed to have no intention of returning to the conjugal dwelling.

1. A marriage shall be voidable if either party was afflicted with a sexually-transmissible 18. Domestic adoption is essentially judicial.
disease, existing at the time of the marriage, regardless of its nature.
19. The conjugal partnership between spouses shall commence at the precise moment that
2. The absence of any of the formal requisites shall render the marriage void ab initio. the marriage is celebrated.

3. A marriage settlement may be valid even if not in a public instrument. 20. Children conceived and born during the marriage of the parents are legitimate.

4. Children of the subsequent marriage conceived after the reappearance of the absentee
spouse shall be illegitimate.

5. A motion filed within three months from the filing of the petition for legal separation may
be validly acted upon by the court.

6. Donations by reason of marriage are those which are made in consideration of the
same, and in favor of both the future spouses.

7. The future spouse cannot donate to each other in their marriage settlements more than
one-fifth of their present property. Any excess shall be considered void.

8. X died in 1987. In 1991, a petition for the settlement of the estate of X was filed. The
property regime of spouses X and Y will be conjugal partnership of gains in the absence
of a marriage settlement between the spouses.

9. The action for annulment of marriage may be filed by the parent or guardian who did not
give his or her consent within five years after the child attained the age of majority.

10. Donations of future property shall be governed by the provisions on testamentary

succession and formalities of wills.

11. Under the regime of absolute community of property, the husband and wife place in a
common fund the proceeds, products, fruits, and income from their separate properties.

12. Property registered in the name of the husband during the marriage is presumed to
belong to the community.

13. A marriage solemnized in 1988 between a stepbrother and a stepsister is void.

14. Whatever may be lost during the marriage in any game of chance, whether permitted or
prohibited by law, shall be borne by the loser and shall not be charged to the
community.

15. The lack of certificate of legal capacity does not affect the validity of the marriage.

16. The absolute community terminates only upon the dissolution of the marriage.
Multiple Choice
1. A marriage between 2nd cousins is:
a. void because it is incestuous
b. void by reason of public policy
c. void because they are more than 4 degrees removed from each other
d. valid because they are within the 5 th civil degree
e. valid because they are beyond the 4 th civil degree
2. A, 22 years old, and B, 20 years old, applied for a marriage license on January 2, 2011.
Without parental consent or advice, the civil registrar issued the license on January 5,
2011. They were married on May 1, 2011. Is the marriage valid?
a. Valid, because all the essential and formal requisites are present without any
defect in the former or any irregularity in the latter.
b. Voidable, because one of the contracting parties is below 21 and there was no
parental consent.
c. Valid, but there was an irregularity in the issuance of a marriage license.
d. Void, because the license had already expired.
3. Both B and C are residents of the City of Makati. They obtained a marriage license in
Quezon City. They were married in the City of Manila by an RTC Judge of Pasay City. Is
the marriage valid?
a. Valid, because all the essential and formal requisites are present without any
defect in the former or any irregularity in the latter.
b. Voidable, because of some irregularities.
c. Void, because the marriage was solemnized outside the jurisdiction of the
solemnizing officer.
d. Void, none of the contracting parties habitually resides in the city where the
license was issued.
e. Valid, despite some irregularities.
4. A marriage license is required in the following:
a. a marriage in articulo mortis between passengers or crew members of ships
b. a marriage in articulo mortis between persons within the zone of military
operations
c. a marriage where the residence of either party is so located that there is no
means of transportation to enable such party to appear personally before the
local civil registrar
d. marriages among members of the ethnic cultural communities, provided they
are solemnized in accordance with their customs, rites or practices
e. none of the above
5. X, a Roman Catholic, and Y, a Baptist, had been living together as husband and wife
without the benefit of marriage since January 1, 2008, although both are capacitated to
marry each other. On March 1, 2011, in a birthday party in Quezon City, X suffered a
heart attack. Believing that X was about to die, Y asked Z, a parish priest of Palo, Leyte,
to solemnize her marriage to X. Z solemnized the marriage. Today, X is still practicing
his profession. Is the marriage valid?
a. Valid, despite the absence of marriage license because they have been living
together as husband and wife since January 1, 2008.
b. Valid, because X survived the heart attack.
c. Valid, despite the absence of a marriage license.
d. Void, because the priest had no authority to solemnize marriage in Quezon
City.
e. Void, because of the lack of a marriage license.
6. A and B, both Filipinos, got married in Tacloban City in 1991. Thereafter, A went to New
York to work as a nurse where he met C, also a Filipino citizen. He became a citizen of
New York in 1998. In 2001, A obtained a divorce decree in New York capacitating him
to remarry. In 2002, A married C. In 2003, B married D in Tacloban City. Is the marriage
between B and D valid?
a. Void, because A and B were Filipinos at the time of the marriage, therefore
Article 26, par. 2 does not apply.
b. Valid, because when B married D, A was no longer a Filipino citizen.
c. Void, because A was still a Filipino at the time the divorce decree was
obtained, thus, did not capacitate B to remarry D.
d. Valid, because a divorce decree was obtained by A, thus capacitating B to
remarry.
7. The marriage of A and B, both Filipinos, were solemnized in London in accordance with
the laws in force in London and valid there as such. The marriage is also valid here in
the Philippines even if:
a. A and B are first cousins.
b. B was only 17 during the marriage but there was parental consent.
c. It is a bigamous marriage not falling under Article 41 of the Family Code.
d. There was mistake as to the identity of the other party.
e. none of the above
8. The marriage of A and B, both Filipinos, were solemnized in London in accordance with
the laws in force in London and valid there as such. The marriage shall be void here in
the Philippines if:
a. A was 18 years old, without parental authority.
b. It is a proxy marriage.
c. A and B are stepbrother and stepsister.
d. A and B are adopted children of the same adopter.
e. The marriage was solemnized by the Prime Minister of the United Kingdom.
9. In 1989, A married C. A’s husband [B] had been absent since 1983. B was in danger of
death at the time of his disappearance. The marriage of A and C is:
a. Valid, because the law only required an absence of 5 years.
b. Valid, only if A had a well-founded belief that her husband was already dead
without the need for a judicial declaration of presumptive death.
c. Valid, if B is generally considered as dead and believed to be so by the
spouse present.
d. Void, because of the absence of a judicial declaration of presumptive death.
e. Void, because the law requires a period of 7 years of absence.
10. This petition cannot be tried before six months shall have elapsed since its filing: e. none of the above
a. declaration of nullity
b. annulment 17. A donation by reason of marriage may be revoked by the donor in the following cases,
c. separation of property EXCEPT:
d. all of the above a. If the marriage is not celebrated and the donation was made in the marriage
e. none of the above settlement.
b. When the marriage takes place without the consent of the parents or
11. The marriage bond shall be severed in case of guardian, as required by law.
a. declaration of nullity c. When the marriage is annulled, the done acted in bad faith.
b. judicial separation of property d. If it is with a resolutory condition and the condition is complied with.
c. legal separation e. none of the above
d. all of the above
e. none of the above 18. The following will NOT dissolve both the absolute community and the marriage:
a. death of one of the spouses
12. The following are obliged to support each other, EXCEPT: b. annulment of the marriage
a. spouses c. legal separation
b. parent and the illegitimate child of his legitimate child d. all of the above
c. parent and his illegitimate child e. none of the above
d. legitimate brothers and sisters
e. none of the above 19. This property may still be included in the absolute community of property:
a. property acquired through intestate succession during the marriage
13. The obligation of mutual support between spouses ceases after the following: b. the fruits of the property acquired by intestate succession during the marriage
a. dissolution of the marriage by the death of a spouse c. property acquired before the marriage by either spouse who has legitimate
b. declaration of nullity descendants by a former marriage
c. annulment of marriage d. all of the above
d. all of the above e. none of the above
e. none of the above
20. In the will of X, a parcel of land was validly bequeathed to A who was married to B at
14. This may involve a prejudicial question in the case for bigamy: 5pm on June 1, 2011. A and B executed a marriage settlement where they agreed for
a. annulment of the first marriage an absolute community property regime. At 10am on June 1, 2011, X died. This parcel
b. nullity of the second marriage due to psychological incapacity of land will form part of the:
c. legal separation a. conjugal partnership of properties
d. all of the above b. absolute community
e. none of the above c. estate of X
d. separate property of A
15. The following are not obliged to support each other:
a. spouses 21. The family home shall NOT be exempt from execution, forced sale or attachment,
b. parent and the illegitimate child of his legitimate child EXCEPT:
c. parent and his illegitimate child a. for nonpayment of taxes
d. brothers and sisters not legitimately related b. for debts incurred prior to the constitution of the family home
e. uncle and nephew c. for debts due to laborers who have rendered service for the construction of
the building
16. The property regime of the spouses married in 1999 will NOT be absolute community of d. for debts due to laborers who have rendered service for the repairs and
property if: improvement of the building
a. No marriage settlement was executed. e. none of the above
b. The marriage settlement is void.
c. The marriage settlement specified absolute community of property.
d. If the surviving spouse contract a subsequent marriage without liquidating the
community property.
 28. A died on January 1, 2011. His widow, B, married C on October 1, 2011. D was born on
22. This is NOT required for a child by artificial insemination to be a legitimate child of A and December 15, 2011. In the absence of proof to the contrary, D will be considered as the
B, husband and wife, respectively: a. legitimate child of A and B
a. The child was conceived as a result of artificial insemination of B. b. illegitimate child of A and B
b. The child was conceived with the sperm of A. c. legitimate child of B and C
c. A and B authorized or ratified the artificial insemination in a written instrument. d. illegitimate child of B and C
d. The ratification of such artificial instrument must be signed before the birth of e. none of the above
the child.
e. none of the above 29. In case of adoption, husband and wife shall exercise joint parental authority in the
following cases, EXCEPT:
23. A child is legitimate if he was: a. if husband and wife jointly adopt
a. conceived during the marriage b. if the spouses are legally separated from each other
b. born during the marriage c. one spouse adopts the illegitimate child of the other
c. conceived and born during the marriage d. all of the above
d. conceived or born during the marriage e. none of the above
e. all of the above
30. Upon conviction of a parent or the person exercising parental authority of a cr ime which
24. After the death of the alleged parent, the filiation of an illegitimate child may be carries with it the penalty of civil interdiction, the parental authority shall be:
established by any of the following: a. terminated
a. the record of birth appearing in the civil register b. suspended
b. an admission of illegitimate filiation in a public document c. reinstated
c. an admission of illegitimate filiation in a private handwritten instrument and d. prima facie terminated
signed by the parent concerned
d. all of the above
e. none of the above

25. The consent of the following is required, EXCEPT:

a. adoptee, if 10 years old or over
b. biological parents of adoptee, if known
c. spouse of the person to be adopted
d. legitimate son of the adoptee, if 10 years old or over
e. illegitimate son of the adopter

26. Under the Family Code, the children of this marriage cohabitation cannot be legitimated:
a. adulterous
b. bigamous
c. incestuous
d. all of the above
e. none of the above

27. Unless otherwise provided by law, a child is illegitimate if:

a. conceived outside a valid marriage
b. born outside a valid marriage
c. conceived or born outside a valid marriage
d. all of the above
e. none of the above