Person and Family Relations

Final Examinations

Part I – Choose the best answer from among the choices given.

1. Which of the following is NOT included in the attributes of juridical capacity?

Art. 37
. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost
only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost.

A. Juridical capacity is inherent in every natural person, and therefore is

not acquired.
B. Juridical capacity cannot exist without capacity to act.
C. Juridical capacity is the fitness to be the subject of legal relations.
D. Juridical capacity is lost due to death.

2. Which of the following is NOT a restriction on one’s capacity to act?

Art. 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere
restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter
arise from his acts or from property relations, such as easements.

A. Marriage
B. Being deaf-mute
C. Minority
D. Civil Interdiction

3. In the absence of contrary stipulation in a marriage settlement, property

relations of Filipino spouses shall be governed by:

A. Philippine laws
B. Law of the place where the spouses reside
C. Law of the place where the properties are situated
D. Law of the place where they were married

E. Art. 80. In the absence of a contrary stipulation in a marriage settlement, the property
relations of the spouses shall be governed by Philippine laws, regardless of the place
of the celebration of the marriage and their residence.
F. This rule shall not apply:
G. (1) Where both spouses are aliens;
H. (2) With respect to the extrinsic validity of contracts affecting property not situated in
the Philippines and executed in the country where the property is located; and
I. (3) With respect to the extrinsic validity of contracts entered into in the Philippines but
affecting property situated in a foreign country whose laws require different formalities
for its extrinsic validity. (124a)

4. If the surviving spouse contracted a subsequent marriage without

complying with the requirement to liquidate or settle the estate of the
deceased spouse, the property relations of the subsequent marriage shall
be governed by:
Art 130

A. Absolute Community
B. Conjugal Partnership of Gains
C. Complete Separation of Property
D. Any property regime they choose in their marriage settlement
Art. 103. Upon the termination of the marriage by death, the community
property shall be liquidated in the same proceeding for the settlement of the
estate of the deceased. 
If no judicial settlement proceeding is instituted, the surviving spouse shall
liquidate the community property either judicially or extra-judicially within
 six months from the death of the deceased spouse. If upon the lapse of the
six months period, no liquidation is made, any disposition or encumbrance
involving the community property of the terminated marriage shall be void. 
Should the surviving spouse contract a subsequent marriage without
compliance with the foregoing requirements, a mandatory regime of
complete separation of property shall govern the property relations of the
subsequent marriage.

5. Marriage may be solemnized by any of the following, except:

Art 7
A. Provincial governor
B. Any priest, rabbi, imam, or minister of any church or religious sect
C. Any consul or vice-consul in the case provided in Article 10
D. Any incumbent member of the judiciary within the court’s jurisdiction.

Art. 7. Marriage may be solemnized by: 

(1) Any incumbent member of the judiciary within the court's
jurisdiction; 
(2) Any priest, rabbi, imam, 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 by his church or religious sect and provided that at least one
of the contracting parties belongs to the solemnizing officer's church or
religious sect; 
(3) Any ship captain or airplane chief only in the case mentioned in
Article 31; 
  
(4)  Any military commander of a unit to which a chaplain is assigned,
in the absence of the latter, during a military operation, likewise only
in the cases mentioned in Article 32; 
(5) Any consul-general, consul or vice-consul in the case provided in
Article 10

6. Separation of property between the spouses during the marriage may take
place only:

Art. 134

A. By agreement of the spouses

B. As a consequence of a legal separation case where the decree has
become final
C. The spouse of the petitioner has been sentenced to a penalty of not less
than six years
D. If one spouse has abandoned the other.
Art. 134. In the absence of an express declaration in the marriage
settlements, the separation of property between spouses during the
marriage shall not take place except by judicial order. Such judicial
separation of property may either be voluntary or for sufficient
cause. (190a)

7. The husband may impugn the legitimacy of the child but NOT on the ground
that:

Art 166:

A. The husband is physically incapable of sexual intercourse.

B. He had a serious illness that prevented him from having sexual
intercourse with the wife.
 C. The spouses were living apart that access was impossible.
D. The husband suspects his wife of infidelity.
Art. 166. Legitimacy of a child may be impugned only on the following
grounds: 
(1) That it was physically impossible for the husband to have sexual
intercourse with his wife within the first 120 days of the 300 days
which immediately preceded the birth of the child because of: 
  
(a) the physical incapacity of the husband to have sexual intercourse
with his wife; 
(b) the fact that the husband and wife were living separately in such a
way that sexual intercourse was not possible; or 
(c) serious illness of the husband, which absolutely prevented sexual
intercourse;
(2) That it is proved that for biological or other scientific reasons, the
child could not have been that of the husband, except in the instance
provided in the second paragraph of Article 164; or 
(3) That in case of children conceived through artificial insemination,
the written authorization or ratification of either parent was obtained
through mistake, fraud, violence, intimidation, or undue influence.  (255a)

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8. Audrey, single, bought a parcel of land in Malolos, Bulacan, from Franco for
P1 million. A contract was executed between them which vested ownership
on Audrey, although the purchase price was payable in monthly installments
for a period of four years. One year after the contract was executed, Audrey
married Arnel. In their marriage settlement executed before their wedding,
they adopted conjugal partnership of gains as their property regime. The
subsequent installments were paid from the conjugal partnership funds. Is
the LAND conjugal property of the spouses or exclusive property of Audrey?

A. The land is conjugal because conjugal partnership funds were used to

pay the installments.
B. The land is both conjugal and exclusive because the funds used to
acquire it belonged to both Audrey and the conjugal partnership funds.
C. The land is exclusive because Audrey became the owner thereof
before the marriage.
D. The land is exclusive because it was Audrey who purchased it.

9. A marriage is void if:

A. It is solemnized with a marriage license issued without complying with the
required 10-day posting period.
B. The parties believed in good faith that the solemnizing officer had
authority.
C. It is one between parties who are both 23 years of age but without
parental advice.
D. None of the above.
 Article 35 of Executive Order No. 209, otherwise known as the Family Code of the
Philippines, enumerates six causes for having a marriage be declared void from the
beginning, to wit: (1) when a marriage is contracted by any party below eighteen (18)
years of age even with the consent of parents or guardians; (2) when a marriage is
solemnized by any person not legally authorized to perform marriages, unless such
marriage was contracted with either or both parties believing in good faith that the
solemnizing officer had the legal authority to do so; (3) when a marriage is solemnized
without license, except those covered under Title I, Chapter 2 of the Family Code; (4)
when a marriage is bigamous or polygamous and not falling under Article 41; (5) when a
marriage is contracted through mistake of one contracting party as to the identity of the
other; and (6) a subsequent marriage which is void under Article 53.

10. Which of the following marriages is void because it is incestuous?

 A. Between brothers and sisters, whether of the full or half-blood
B. Between stepparents and stepchildren
C. Between parents-in-law and children-in-law
D. B and C

Art. 37. Marriages between the following are incestuous and void from
the beginning, whether relationship between the parties be legitimate
or illegitimate: 
(1) Between ascendants and descendants of any degree; and 
(2) Between brothers and sisters, whether of the full or half blood. (81a)

11. The property regime of spouses who are in a void marriage by reason of Art.
40 is:
A. Absolutely community of property, if there is no marriage settlement
B. Co-ownership under Art. 147, if the marriage is declared void
C. Co-ownership under Art. 148, if the marriage is declared void
D. None of the above

3 types of void marriages

Art 147 – property regime,

Art. 40. The absolute nullity of a previous marriage may be invoked for
purposes of remarriage on the basis solely of a final judgment declaring such
previous marriage void.

In both instances under Articles 40 and 45, the marriages are governed either by absolute
community of property or conjugal partnership of gains unless the parties agree to a
complete separation of property in a marriage settlement entered into before the marriage.
Since the property relations of the parties is governed by absolute community of property
or conjugal partnership of gains, there is a need to liquidate, partition and distribute the
properties before a decree of annulment could be issued.

Article 45 of the Family Code, on the other hand, refers to voidable marriages, meaning,
marriages which are valid until they are set aside by final judgment of a competent court in
an action for annulment.12 In both instances under Articles 40 and 45, the marriages are
governed either by absolute community of property 13 or conjugal partnership of gains14 unless
the parties agree to a complete separation of property in a marriage settlement entered into
before the marriage. Since the property relations of the parties is governed by absolute
community of property or conjugal partnership of gains, there is a need to liquidate, partition
and distribute the properties before a decree of annulment could be issued. That is not the
case for annulment of marriage under Article 36 of the Family Code because the marriage is
governed by the ordinary rules on co-ownership.

12. A husband, by chance, discovered hidden treasure on the exclusive property

of the wife. Who owns the discovered treasure?
A. The half pertaining to the finder (husband) belongs to the conjugal
partnership.
B. The half pertaining to the owner (wife) belongs to the conjugal
partnership.
C. One half shall belong to the husband as finder and the other half shall
belong to the wife as owner of the property.
D. A and B.

Art 117 What is the conjugal partnership of gains (CPG)?

 —  Under this regime, the proceeds, products, fruits and income from
separate properties of the spouses and those acquired by either or both
spouses through their efforts or chance shall belong to the partnership.

The share of either spouse in the hidden treasure which the law awards to the finder
or owner of the property where the treasure is found;

4) The share of either spouse in the hidden treasure which the law
awards to the finder or owner of the property where the treasure is
found;

13. The following children may be legitimated, except:

Art. 177. Only children conceived and born outside of wedlock of parents

who, at the time of the conception of the former, were not disqualified by
any impediment to marry each other may be legitimated. (269a)

Section 1 of RA9858
A. Those conceived and born outside wedlock of parents who, at the time of
the conception and birth of the former, did not have any legal impediment to
marry
B. Those conceived or born outside wedlock of parents who, at the time of
the conception of the former, did not have any legal impediment to marry
C. Those conceived and born outside valid wedlock of parents who, at the
time of marriage, the only reason the marriage is void is because one party or
both parties are below 18 years old.
D. A and C are the correct choices.
E. All of the choices are correct.

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14. The following constitute the different circumstances or cases of fraud that will
serve as ground for annulment of a marriage, except:

Art.45

A. Non-disclosure of the previous conviction by final judgment of

the other party of a crime involving moral turpitude
B. Concealment by the wife or the husband of their premarital
affairs with other people.
C. Concealment of a sexually transmitted disease, regardless of
its nature, existing before marriage
D. Concealment of drug addiction, habitual alcoholism,
homosexuality or lesbianism existing at the celebration of marriage

The grounds for annulment of marriage are enumerated in Article 45 of the Family Code
of the Philippines. One of which is when the consent of either party to the marriage was
obtained through fraud unless such party afterwards, with full knowledge of the facts
constituting the fraud, freely cohabited with the other as husband and wife. The following
circumstances constitute fraud as grounds for annulment of marriage: 1) non-disclosure
of a previous conviction by final judgment of the other party of a crime involving moral
turpitude; 2) concealment by the wife of the fact that at the time of the marriage, she was
pregnant by a man other than her husband; 3) concealment of a sexually transmissible
disease, regardless of its nature, existing at the time of the marriage; or 4) concealment of
drug addiction, habitual alcoholism, or homosexuality or lesbianism existing at the time
of the marriage. No other misrepresentation or deceit as to character, health, rank, fortune
or chastity shall constitute fraud as will give grounds for action for the annulment of
marriage (Article 46, Family Code of the Philippines).

If any of the foregoing circumstances are present, the spouse whose consent was obtained
through fraud may file a petition for annulment within five years after the discovery of
the fraud. The petition shall be filed in the Family Court of the province or city where the
petitioner or the respondent has been residing for at least six months prior to the date of
filing, or in the case of a non-resident respondent, where he may be found in the
Philippines, at the election of the petitioner (Section 4, Rule on Declaration of Absolute
Nullity of Void Marriages and Annulment of Voidable Marriages). Once the petition is
granted and an entry of judgment has been made, the Family Court, on motion of either
party, shall proceed with the liquidation, partition and distribution of the properties of the
spouses, including custody, support of common children and delivery of their
presumptive legitimes pursuant to Articles 50 and 51 of the Family Code unless such
matters had been adjudicated in previous judicial proceedings (Section 21, Rule on
Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable
Marriages).

15. Who are illegitimate children?

A. Children conceived and born outside a valid marriage-art 165

B. Children born under a valid marriage, which was later declared void
because of the psychological incapacity of either or both spouses
C. Children conceived or born outside a valid marriage
D. Children born under a valid marriage, but the parents later obtained a legal
separation

16. An illegitimate child does not have to file for recognition by his father if he
has in his possession any of the following, except:

Art 172

A. The father signed the Affidavit of Paternity at the back of the child’s birth
certificate
B. Admission of filiation by the father in a public instrument.
C. Acknowledgment by the father of the child in the former’s will
D. The father’s diary stating the child is his own was not signed by him.

17. Under R.A. 8552, an adopter is required to be at least ____ years old and
_____ years older than the child to be adopted, unless the adopter is a parent by
nature of the child or the spouse of the legitimate child’s parent.

A. 27 and 16
B. 18 and 18
C. 18 and 16
D. 27 and 15

18. Under R.A. 8043, an adopter is required to be at least ____ years old and the
child to be adopted be below_____ years old.

A. 18 and 15
B. 27 and 16
C. 27 and 15
D. 18 and 18

19. Under R.A. 8552, a spouse may adopt without being joined by his/her
spouse under any of the following, except:

Sec 7
A. Petitioner adopts his/her illegitimate child
B. Petitioner adopts the legitimate child of his/her spouse
C. Petitioner is legally separated from his/her spouse
D. Petitioner adopts a child that he/she has treated as his/her child during the
child’s minority
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20. Which of the following DOES NOT result in permanent termination of

parental authority?
Art 230-231

A. Death of the child

B. Death of the parents
C. Adoption of the child, unless rescinded
D. Conviction of the parents of a crime which carries with it the
penalty of civil interdiction. -its an accessory to the sentence imposed
upon him

21. The court, in an action filed for the purpose, may suspend parental authority if
the parent exercising parental authority commits any of the following acts,
except:

Art. 231

A. Treats the child with excessive harshness or cruelty

B. Gives the child corrupting orders, counsel or example
C. Compels the child to go to college against the child’s will
D. Subjects the child or allows him to be subjected to acts of
lasciviousness.

22. Lito was the pilot of Pacific Micronesian Airlines Flight MA 16 when it
disappeared 2 hours after it took off in Guam in 1998. No trace of the plane and
its 105 passengers and crew were found despite diligent search. Lita, Lito’s
wife, never heard from Lito again. In 2008, Lita met and married Jaime. They
have a son together.

While on a tour with former high school classmates in a remote province in

China in 2010, Lita was surprised to see Lito who was likewise surprised to see
her. Shocked, she immediately fled to her hotel and posthaste returned to the
Philippines the very next day to seek legal advice regarding her situation.

(1) If Lito is alive, what is the status of Lita’s marriage to Lito?

A. The marriage subsists because the marital bond has not
been terminated by death.
B. The marriage was terminated when Lita married Jaime.
C. The marriage subsists because Lita’s marriage to Jaime is
void.
D. The marriage is terminated because Lito is presumed dead
after his plane has been missing for more than 4 years.
E. The marriage can be formally terminated if Lito would
resurface.

(2) If Lito is alive, what is the status of Lita’s marriage to Jaime?

A. The marriage is valid because Lita’s marriage to Lito was
terminated upon Lito’s disappearance for more than seven years.
B. The marriage is valid. After an absence of more than ten years,
Lito is already presumed dead for all purposes.
C. The marriage is void. Lito’s mere absence, however lengthy, is
insufficient to authorize Lita to contract a subsequent marriage.
-no right to remarry without first securing the judicial declration of
presumptive death
D. The marriage is void because Lita’s marriage was never dissolved
and they can resume their marital relations at any time.
Art. 41. A marriage contracted by any person during subsistence of a
previous marriage shall be null and void, unless before the celebration
of the subsequent marriage, the prior spouse had been absent for four
consecutive years and the spouse present has a well-founded belief
that the absent spouse was already dead. In case of disappearance
where there is danger of death under the circumstances set forth in
the provisions of Article 391 of the Civil Code, an absence of only two
years shall be sufficient. 
For the purpose of contracting the subsequent marriage under the
preceding paragraph the spouse present must institute a summary
proceeding as provided in this Code for the declaration of presumptive
death of the absentee, without prejudice to the effect of reappearance
of the absent spouse. (83a)

23. Bert and Joe, both male and single, lived together as common law spouses
and agreed to raise Ernie, a son of Bert’s living brother as their child without
legally adopting him. Bert worked while Joe took care of their home and Ernie.
In their 20 years of cohabitation, they were able to acquire real estate assets
registered in their names as co-owners. Unfortunately, Bert died of cardiac
arrest, leaving no will. Joe, Ernie and Bert’s biological siblings survived Bert.

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(a) The properties in the joint names of Bert and Joe shall be divided:

1. 50-50, since Joe’s contribution was taking care of the home and
Ernie, in accordance with Art. 147
2. In accordance with their actual contribution as in ordinary co-
ownership
3. In accordance with their actual contribution according to Art. 148
4. None of the above

(b) If Bert and Joe had decided in the early years of their cohabitation to
jointly adopt Ernie, would they have been legally allowed to do so?

1. No, because they are required to jointly adopt and they cannot do
so, as they are not legal spouses
2. Yes, if Ernie is below 18 years of age and the age gap between both
Bert and Joe, and Ernie, is 16 years or more
3. Yes, if the biological parents and siblings of Ernie all consent
4. None of the above. FOR THEY ARE NOT HUSBAND AND WIFE!

24. Brad and Angelina were secretly married in 1995 by a pastor they believed
had authority to solemnize marriages at his office in Rizal Avenue, Manila. They
paid the pastor to take care of all the documentation. Later, Angelina found out
that the pastor had no authority to solemnize marriages under the Family Code
and filed a petition to declare the marriage void. Brad opposed the petition on
the basis of his good faith belief that the pastor had authority.

ART 35 in to Art 7

(a) If you were the judge how would you decide the case?

1. I would grant the petition because the pastor had clearly no authority.
2. I would deny the petition if Brad is able to show factual basis for his
good faith belief.
 3. I would deny the petition because neither Brad nor Angelina belongs
to the religious sect of the pastor.
4. None of the above.

(b) In case the marriage was solemnized in 1980 before the Family Code
took effect, would you grant the petition?

1. I would grant the petition because the pastor had clearly no authority.
2. I would deny the petition if Brad is able to show factual basis for his
good faith belief.
3. I would deny the petition because neither Brad nor Angelina belongs
to the religious sect of the pastor.
4. None of the above.

25. Ricky and Princess were sweethearts. Princess, 18 years old, became
pregnant. Knowing that Ricky is preparing for the Bar examinations, Nick, a
lawyer and cousin of Princess, threatened Ricky that unless he marries Princess,
Nick will file a complaint for immorality against him in the Supreme Court, thus
jeopardizing his Bar prospects. As a consequence of the threat, Ricky married
Princess. May Ricky have the marriage annulled?

A. Yes, because his consent to the marriage was vitiated by intimidation.

B. No, because the threat made by Nick was just and legal.
C. No, Nick is not a party to the contract of marriage between Ricky and
Princess.
D. Yes, the threat compelled Ricky to marry Princess.

One of the grounds for annulment of marriage is vitiation of consent which includes
obtaining consent by force, intimidation or undue influence (Article 45 (4), Family
Code). Your wedding may fall under this case considering that you mentioned that it was
a “shotgun wedding”.  However, the specific acts which forced you to consent to the
marriage must be weighed against the standards set by law.
Under our law, there is violence when in order to wrest consent, serious or irresistible
force is employed. On the other hand, there is inti-midation when one of the contracting
parties is compelled by a reasonable and well-grounded fear of an imminent and grave
evil upon his person or property, or upon the person or property of his spouse,
descendants or ascen-dants, to give his consent (Article 1335, Civil Code). Finally, there
is undue influence when a person takes improper advantage of his      power over the will
of another, depriving the latter of a reason-able freedom of choice (Article 1337, Civil
Code).

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26. Miko and Dina got married in 1998. Three years later, Dina filed a
complaint for declaration of nullity of her marriage to Miko on the ground of
psychological incapacity under Article 36 of the Family Code. On February 17,
2008, the court rendered the following decision:
“1. Declaring the marriage null and void;
“2. Declaring that a decree of absolute nullity of marriage shall only be
issued by this Court only after it is shown that the parties complied with the
liquidation, partition and distribution of the their properties as well as delivery of
the presumptive legitimes of their children as provided by the Family Code.”

Is the decision of the Judge correct?

A. Yes, because Art. 50-52 require said liquidation, partition and delivery of
presumptive legitimes.
B. No, because in this case, Art. 50-52 do no
t require said liquidation, partition and delivery of presumptive legitimes.
 C. No, because the partition, liquidation and delivery are only required if the
parties want to have a valid subsequent marriage.

27. The following is an example of a case where the donation by reason of

marriage is revoked by operation of law:

Art 86

A. The donation is made in the marriage settlement and the marriage is not
celebrated.
B. The present spouse and subsequent spouse both knew that the absent
spouse was alive at the time the present spouse filed the petition to
declare the absent spouse presumptively dead.
C. The marriage takes place without the consent of the parents or guardians
as required by law.
D. The donee is the guilty party in the legal separation case that has become
final.
E. None of the above.

28. This shall be excluded from the community property:

Art 92

A. Property acquired before the marriage by gratuitous title by either spouse

B. Jewelry
C. Property acquired before the marriage by either spouse who has
legitimate descendants from a former marriage
D. Property acquired by either spouse using his/her salary during the
marriage.

29. The parties who have legal capacity to marry each other are:

Art 38
A. Maria and Pedro, first cousins
B. Jim, widower of Lea, and Kay, Lea’s daughter from a previous marriage
C. Long and Joe, related through marriage of Long’s mother and Joe’s father
D. Nicole and Keith, adopted children of Tom and Katie
E. None of the above.

Ablaza v. Rep of the Ph

A valid marriage is essential in order to create the relation of husband and wife and
to give rise to the mutual rights, duties, and liabilities arising out of such relation. The
law prescribes the requisites of a valid marriage. Hence, the validity of a marriage is
tested according to the law in force at the time the marriage is contracted. 6 As a
general rule, the nature of the marriage already celebrated cannot be changed by a
subsequent amendment of the governing law.7 To illustrate, a marriage between a
stepbrother and a stepsister was void under the Civil Code, but is not anymore
prohibited under the Family Code; yet, the intervening effectivity of the Family Code
does not affect the void nature of a marriage between a stepbrother and a stepsister
solemnized under the regime of the Civil Code. The Civil Code marriage remains
void, considering that the validity of a marriage is governed by the law in force at the
time of the marriage ceremony.8
F.

30. The following marriage is valid in the Philippines:

A. Prudence, Filipino, validly divorced abroad and Tom, an American, also
validly divorced.
B. Bea, whose husband is believed to have died when the Super Ferry he
was in, sank at sea, and Bo, single
C. Joy, Filipino, and Jay, American, both 18, who did not appear before the
solemnizing officer, but were represented by proxies in Mexico where
such proxy marriages are valid.
D. None of the above