Widower but legally separated Edgardo contracted a subsequent marriage

with Loren without liquidating the community property of the first marriage. no
ante-nuptial agreement was executed by the parties prior to the marriage.
Edgardo is a surgeon-cardiologist while Loren stayed in the house to attend
to Edgardos needs as well as the maintenance of the household. Loren
however, would sell imported goods lie cosmetics, bags, custom !ewelry and
clothes to friends. "hey were able to acquire properties of si#eable value
which was placed at around $% million pesos. &n their first wedding
anniversary, Edgardo mortgaged his car to Lance for '%% thousand pesos and
used the proceeds in buying a diamond ring which he gave to Loren as an
anniversary gift.

(ix years after the marriage however, Edgardo filed a complaint for
declaration of nullity of his marriage with Loren alleging that the latter has a
prior marriage with one "ony and the said marriage was not terminated bu
death, annulment or declaration of nullity.

"he court granted the petition and was ordered to liquidate the properties
acquired during the marriage. "he decision further stated that a decree of
finality o the nullity of marriage shall only be issued upon compliance with the
requirements under )rticle *% in relation to )rticle +$ ,-., ,$., ,+. and ,*. and
)rticle *- of the /amily 0ode.


1uestions


2. What is the standing of the donation made by Edgardo to Loren on the
occasion of their first wedding anniversary3 Explain. ,*4.


-. 5ow shall the properties be liquidated, divided and distributed3 6eason.
,2%4.


$. 7s forfeiture applicable3 7f yes, who will forfeit and the manner of forfeiture.
Explain. ,2%4.


+. Was the court correct ion refusing to issue the certificate of finality of
!udgment of nullity unless compliance of the aforesaid provisions had been
made3 Explain. ,*4.


-$. 8 and 9, although not suffering from any impediment, cohabited as
husband and wife without the benefit of marriage. /ollowing the birth of their
child, the couple got married. ) year after, however, the court annulled the
marriage and issued a decree of annulment. What is the present status of the
child3
). Legitimated.
:. 7llegitimate.
0. ;atural child.
<. Legitimate.

-+. When ) and : married, they chose con!ugal partnership of gains to govern
their property relations. )fter $ years, : succeeded in getting her marriage to
) annulled on ground of the latters psychological incapacity. What liquidation
procedure will they follow in disposing of their assets3
). "hey will follow the rule governing the liquidation of a con!ugal partnership
of gains where the party who acted in bad faith forfeits his share in the net
profits.
:. (ince the marriage has been declared void, the rule for liquidation of
absolute community of property shall be followed.
0. "he liquidation of a co-ownership applies since the annulment brought
their property relation under the chapter on property regimes without
marriage.
<. "he law on liquidation of partnerships applies.

-*. 8 and 9 agreed verbally before their marriage ,a. on the paternity of the
illegitimate child of 9 and ,b. on the economic regime that will govern 8 and
9s property relations. 7s the verbal agreement valid3
). ;o, because a marriage settlement to be valid should be in writing.
:. 9es, since ante-nuptial agreements need not be in writing.
0. ;o, because a marriage settlement cannot include an agreement on the
paternity of an illegitimate child.
<. 9es, since even if it is not a valid marriage settlement, it is a valid verbal
contract.

-'. (pouses 8 and 9 have a minor daughter, =, who needs support for her
education. :oth 8 and 9, who are financially distressed, could not give the
needed support to =. )s it happens, =s other relatives are financially capable
of giving that support. /rom whom may = first rightfully demand support3
/rom her
). grandfather.
:. brother.
0. uncle.
<. first cousin.

->. /idel, a /ilipino with fair complexion, married ?loria. :efore the marriage,
?loria confessed to /idel that she was two-month pregnant with the child of a
blac )frican who had left the country for good. When the child was born,
/idel could not accept it being too blac in complexion. What is the status of
the child3
). 7llegitimate, because ?loria confessed that the child is not /idels.
:. 7llegitimate, because by the color of its sin, the child could not possibly be
that of /idel.
0. Legitimate, because the child was born within a valid marriage.
<. Legitimate, because /idel agreed to treat the child as his own after ?loria
told him who the father was.

-@. "he husbands acts of forcibly e!ecting his wife without !ust cause from the
con!ugal dwelling and refusing to tae her bac constitutes
). desertion.
:. recrimination.
0. constructive abandonment.
<. de facto separation.


$%. 8 insured himself for A* million, designating 9, his wife, as his sole
beneficiary. "he designation was irrevocable. ) few years later, 8 had their
marriage annulled in court on the ground that 9 had an existing prior
marriage. 8 subsequently died, 7s 9 entitled to the insurance benefits3
). 9es, since the insurance was not dependent on the marriage.
:. 9es, since her designation as beneficiary was irrevocable.
0. ;o, 8s designation of 9 is revoed by operation of law upon the annulment
of their marriage based on 9s fault.
<. 9es, since without !udicial revocation, 8s designation of 9 remains valid
and binding.

$2. Bay a spouse freely donate communal or con!ugal property without the
consent of the other3
). )bsolutely not, since the spouses co-own such property.
:. 9es, for properties that the family may spare, regardless of value.
0. 9es, provided the donation is moderate and intended for charity or
family re!oicing.
<. 9es, in a donation mortis causa that the donor may still revoe in his
lifetime.

$-. "he decedent died intestate leaving an estate of A2% million. 5e left the
following heirsC a. Barlon, a legitimate child and b. 0ecilia, the legal spouse.
<ivide the estate.
). Barlon gets 2D+ and 0ecilia gets $D+.
:. Barlon gets -D$ and 0ecilia 2D$.
0. Barlon gets 2D- and 0ecilia gets 2D-.
<. Barlon gets $D+ and 0ecilia 2D+.

+2. 8 and 9, both /ilipinos, were married and resided in (pain although they
intend to return to the Ahilippines at some future time. "hey have not
executed any marriage settlements. What law governs their property
relations3
). "hey may choose between (panish law and Ahilippine law.
:. Ahilippine law since they are both /ilipinos.
0. ;o regime of property relations will apply to them.
<. (panish law since they live in (pain.

+-. :irth determines personality. <eath extinguishes it. Ender what
circumstances may the personality of a deceased person continue to exist3
). 7n case of re-appearance of a missing person presumed dead.
:. 7n protecting the wors of a deceased under intellectual property laws.
0. 7n case of declaration of presumptive death of a missing spouse.
<. 7n the settlement of the estate of a deceased person.

++. 7llegitimate brothers and sisters, whether of full or half-blood, are bound to
support each other, E80EA" when
). the brother or sister who needs support lives in another place.
:. such brothers and sisters are not recogni#ed by their father.
0. the brother or sister in need stops schooling without valid reason.
<. the need for support of a brother or sister, already of age, is due to the
latters fault.

+@. 7llegitimate children, those not recogni#ed by their biological fathers, shall
use the surname of their
). biological father sub!ect to no condition.
:. mother or biological father, at the mothers discretion.
0. mother.
<. biological father unless he !udicially opposes it.

-%2- :ar exam B01s to - ()?&" F& L)5)" "& /EEL /6EE "& <E:E;F
2G. 6icy and Arincess were sweethearts. Arincess became pregnant.
Fnowing that 6icy is preparing for the examinations, Barforth, a lawyer and
cousin of Arincess, threatened 6icy with the filing of a complaint for
immorality in the (upreme 0ourt, thus preventing him from taing
examinations unless he marries Arincess. )s a consequence of the threat,
6icy married Arincess. 0an the marriage be annulled on the ground of
intimidation under )rticle +* of the /amily 0ode3 0hoose the best answer.
a. 9es, because without the threat, 6icy would not have married Arincess.
b. 9es, because the threat to enforce the claim of Arincess vitiates the
consent of 6icy in contracting the marriage.
c. ;o, because the threat made by Barforth is !ust and legal.
d. ;o, because Barforth is not a party to the contract of marriage between
Arincess and 6icy.

-%. )udrey, single, bought a parcel of land in Balolos 0ity from /ranco
for A 2Billion. ) contract was executed between them which already vested
upon )udrey full ownership of the property, although payable in monthly
installments for a period of four ,+. years. &ne ,2. year after the execution of
the contract, )udrey got married to )rnel. "hey executed a marriage
settlement whereby they agreed that their properties shall be governed by the
regime of con!ugal partnership of gains. "hereafter, subsequent installments
were paid from the con!ugal partnership funds. 7s the land con!ugal or
paraphernal3
a. "he land is con!ugal because the installments were paid from the con!ugal
partnership funds.
b. "he land is paraphernal because ownership thereof was acquired before
the marriage.
c. "he land is both con!ugal and paraphernal funds of installments were paid
from both the personal funds of )udrey and the con!ugal partnership funds.
d. "he land is paraphernal because it was )udrey who purchased the same.

--. )gay, a /ilipino citi#en and "opacio, an )ustralian citi#en, got married in
the consular office of the Ahilippines in )ustralia. )ccording to the laws of
)ustralia, a marriage solemni#ed by a consular official is valid, provided that
such marriage is celebrated in accordance with the laws of such consular
official. Ender Ahilippine law, what is the status of the marriage of )gay and
"opacio3 0hoose the best answer.
a. Hoid, because the consular official only has authority to solemni#e
marriages between /ilipinos.
b. Halid, because according to the laws of )ustralia, such consular official has
authority to celebrate the marriage.
c. Hoidable, because there is an irregularity in the authority of the consular
official to solemni#e marriages.
d. Halid, because such marriage is recogni#ed as valid in the place where it
was celebrated.

-$. (eparation of property between spouses during the marriage may tae
place onlyC
a. by agreement of the spouses.
b. 7f one of the spouses has given ground for legal separation.
c. Epon order of the court.
d. 7f one spouse has abandoned the other.

-+. "he husband may impugn the legitimacy of his child but not on the ground
thatC
a. the wife is suspected of infidelity.
b. the husband had a serious illness that prevented him from engaging in
sexual intercourse.
c. they were living apart.
d. he is physically incapable of sexual intercourse.

-*. ) marriage is void ifC
a. solemni#ed with a marriage license issued without complying with the
required 2%-day posting.
b. solemni#ed by a minister whom the parties believe to have the authority.
,comment o langC nadeclare as void ang marriage ni Fris at Iames dahil sa
ground na to ahit alam nilang walang authority yung solemni#ing officer - ris
and !ames are both catholic while (& is from a protestant sect.
c. between parties both -$ years of age but without parental advice.
d. none of the above

-'. 7n legal separation, which is not correct3
a. "he aggrieved spouse may file the action within five ,*. years from the time
of the occurrence of the cause.
b. ;o trial shall be held without the '-month cooling off period being observed.
,noteC sa G-'- waived itey.
c. "he spouses will be entitled to live separately upon the start of the trial.
d. "he prosecuting attorney has to conduct his own investigation.

->. ) husband by chance discovered hidden treasure on the paraphernal
property of his wife. Who owns the discovered treasure3
a. "he half pertaining to the husband ,finder. belongs to the con!ugal
partnership.
b. "he half pertaining to the wife ,as owner. belongs to the con!ugal
partnership.
c. &ne 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

-@. Which of the following marriages is void for reasons of public policy3
a. :etween brothers and sisters, whether of the full or half blood.
b. :etween step-parents and step children.
c. :etween parents-in-law and children-in-law.
d. b and c

-G. "he following constitute the different circumstances or case of fraud which
will serves as ground for the annulment of a marriage, except3
a. ;on-disclosure of the previous conviction by final !udgment of the other
party of a crime involving moral turpitude.
b. 0oncealment of a sexually-transmissible disease, regardless of its nature,
existing at the time of the marriage.
c. 0oncealment of drug addiction, habitual alcoholism, homosexuality or
lesbianism existing at the time of marriage.
d. 0oncealment by the wife or the husband of the fact of sexual relations prior
to the marriage.

$%. Which of the following is not a requisite for a valid donation propter
nuptias3
a. "he donation must be made before the celebration of the marriage. ,hunch
o lang itey.
b. "he donation shall be automatically revoed in case of non-celebration of
the marriage.
c. "he donation must be made in consideration of the marriage.
d. "he donation must be made in favor of one or both of the future spouses.

$2. Who are illegitimate children3
a. 0hildren conceived or born outside a valid marriage. ,tae note yung JorJ
asi pwede namang gumawa ng bata outside a valid marriageC example ao,
$ months preggy na yung nanay o sain nung inasal parents o.
b. 0hildren born under a valid marriage, which was later declared void
because of the psychological incapacity of either or both of the spouses.
c. 0hildren conceived and born outside a valid marriage.
d. 0hildren born under a valid marriage, but the parents later obtained a legal
separation.
$-. )n illegitimate child may use the surname of his father when his filiation is
established in any of the following instances, exceptC
a. /iliation has been recogni#ed by the father through the record of birth
appearing in the civil register
b. )dmission of filiation by the father in a public document.
c. Arivate handwritten instrument is made by the father acnowledging his
filiation.
d. )ffidavit by the mother stating the name of his true father.

$$. Ender 6) @%+$, an adopter is required to be at least KKKK years old and
KKKK years older than the child to be adopted at the time of the
application unless the adopter is the parent by nature of the child.
a. $% and 2*
b. -> and 2'
c. *% and 2%
d. 2@ and 2*

$+. Ender 6) @%+$, a child qualified to be adopted is any person below KKKKK
years old.
a. 2@
b. -2
c. 2*
d. 2'

$*. Which of the following <&E( ;&" result in permanent termination of
parental authority3
a. <eath of the parents.
b. <eath of the child.
c. Emancipation of the child.
d. 0onviction of the parents of a crime which carries with it the penalty of civil
interdiction.

$'. "he court, in an action filed for the purpose, may suspend parental
authority if the parent or the person
exercising parental authority commits any of the following acts, exceptC
a. "reats the child with excessive harshness or cruelty.
b. ?ives the child corrupting orders, counsel or example.
c. 0ompels the child to tae up a course in college against hisDher will.
d. (ub!ects the child or allows him to be sub!ected to acts of lasciviousness.


a. Baria, wife of Aedro, withdrew A * Billion from their con!ugal funds. With
this money, she constructed a building on a lot which she inherited from her
father. 7s the building con!ugal or paraphernal3 6easons. ,*4.
b. 0ipriano and Lady Biros married each other. Lady Biros then left for the
E( and there, she obtained )merican citi#enship. 0ipriano later learned all
about this including the fact that Lady Biros has divorced him in )merica and
that she had remarried there. 5e then filed a petition for authority to remarry,
invoing Aar. -, )rt. -' of the /amily 0ode. 7s 0ipriano capacitated to re-marry
by virtue of the divorce decree obtained by his /ilipino spouse who was later
naturali#ed as an )merican citi#en3 Explain. ,*4.

7H
a. )fter they got married, ;ii discovered that 0hristian was having an affair
with another woman. :ut ;ii decided to give it a try and lived with him for
two ,-. years. )fter two ,-. years, ;ii filed an action for legal separation on
the ground of 0hristians sexual infidelity. Will the action prosper3 Explain.
,*4.
b. 5onorato filed a petition to adopt his minor illegitimate child (tephanie,
alleging that (tephanies mother is ?emma )storga ?arciaL that (tephanie
has been using her mothers middle name and surnameL and that he is now a
widower and qualified to be her adopting parent. 5e prayed that (tephanies
middle name be changed from J)storgaJ to J?arcia,J which is her mothers
surname and that her surname J?arciaJ be changed to J0atindig,J which is his
surname. "his the trial court denied. Was the trial court correct in denying
5ororatos request for (tephanies use of her mothers surname as her middle
name3 Explain. ,*4.

H
a. (pouses Arimo and Bonina Lim, childless, were entrusted with the custody
of two ,-. minor children, the parents of whom were unnown. Eager of
having children of their own, the spouses made it appear that they were the
childrens parents by naming them Bichelle A. Lim and Bichael Iude Lim.
(ubsequently, Bonina married )ngel &lario after Arimos death.
(he decided to adopt the children by availing the amnesty given under 6.).
@**- to those individuals who simulated the birth of a child. (he filed separate
petitions for the adoption of Bichelle, then -* years old and Bichael, 2@. :oth
Bichelle and Bichael gave consent to the adoption.
"he trial court dismissed the petition and ruled that Bonina should have filed
the petition !ointly with her new husband. Bonina, in a Botion for
6econsideration argues that mere consent of her husband would suffice and
that !oint adoption is not needed, for the adoptees are already emancipated.
7s the trial court correct in dismissing the petitions for adoption3 Explain. ,*4.
b. Iambrich, an )ustrian, fell in-love and lived together with <escallar and
bought their houses and lots at )gro-Bacro (ubdivision. 7n the 0ontracts to
(ell, Iambrich and <escallar were referred to as the buyers. When the <eed
of )bsolute (ale was presented for registration before the 6egister of <eeds,
it was refused because Iambrich was an alien and could not acquire alienable
lands of the public domain. )fter Iambrich and <escallar separated, Iambrich
purchased an engine and some accessories for his boat from :orromeo. "o
pay for his debt, he sold his rights and interests in the )gro-Bacro properties
to :orromeo.
:orromeo discovered that titles to the three ,$. lots have been transfereed in
the name of <escallar. Who is the rightful owner of the properties3 Explain.
,*4.