Civil Law 2012

In 1989, Charice (Filipina) and Justine (American), were married in the Philippines. In 1990, they separated and Justine went to
Las Vegas where he obtained a divorce in the same year. He then married another Filipina, Lea, in Canada on January 1, 1992.
They had two (2) sons, James and John (who were both born in 1992). In 1993, after failing to hear from Justine, Charice
married Bugoy (a Filipino), by whom she had a daughter, Regine. In 2009, Regine married James (son of Justine with Lea) in
California, where such marriage is valid.
What is the current status of the marriage of Charice and Justine under Philippine laws?
a) Valid
b) Void
c) Voidable
d) Dissolved
What is the status of the marriage between Charice and Bugoy under Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
What is the status of the marriage between Charice and Bugoy under Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
What is the status of the marriage between Regine and James under Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
Ricky and Princess were sweethearts. Princess became pregnant. Knowing that Ricky is preparing for the examinations
Marforth, a lawyer and cousin of Princess, threatened Ricky with the filing of a complaint for immorality in the Supreme Court,
thus preventing him from taking examinations unless he marries Princess. As a consequence of the threat, Ricky married
Princess. Can the marriage be annulled on the ground of intimidation under Article 45 of the Family Code? Choose the best
answer.
a) Yes, because without the threat, Ricky would not have married Princess.
b) Yes, because the threat to enforce the claim of Princess vitiates the consent of Ricky in contracting the marriage.
c) No, because the threat made by Marforth is just and legal.
d) No, because Marforth is not a party to the contract of marriage between Princess and Ricky.
Agay, a Filipino citizen and Topacio, an Australian citizen, got married in the consular office of the Philippines in Australia.
According to the laws of Australia, a marriage solemnized by a consular official is valid, provided that such marriage is
celebrated in accordance with the laws of such consular official. Under Philippine law, what is the status of the marriage of
Agay and Topacio? Choose the best answer.
a) Void, because the consular official only has authority to solemnize marriages between Filipinos.
b) Valid, because according to the laws of Australia, such consular official has authority to celebrate the marriage.
c) Voidable, because there is an irregularity in the authority of the consular official to solemnize marriages.
d) Valid, because such marriage is recognized as valid in the place where it was celebrated.
The husband may impugn the legitimacy of his child but not on the ground that:
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.
A marriage is void if:
a) solemnized with a marriage license issued without complying with the required 10-day posting.
b) solemnized by a minister whom the parties believe to have the authority.
c) between parties both 23 years of age but without parental advice.
d) none of the above
In legal separation, which is not correct?
a) The aggrieved spouse may file the action within five (5) years from the time of the occurrence of the cause.
b) No trial shall be held without the 6-month cooling off period being observed.
c) The spouses will be entitled to live separately upon the start of the trial.
d) The prosecuting attorney has to conduct his own investigation.
Which of the following marriages is void for reasons of public policy?
a) Between brothers and sisters, whether of the full or half blood.
b) Between step-parents and step children.
c) Between parents-in-law and children-in-law.
d) b and c
The following constitute the different circumstances or case of fraud which will serves as ground for the annulment of a
marriage, except?
a) Non-disclosure of the previous conviction by final judgment of the other party of a crime involving moral turpitude.
b) Concealment of a sexually-transmissible disease, regardless of its nature, existing at the time of the marriage.
c) Concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism existing at the time of marriage.
d) Concealment by the wife or the husband of the fact of sexual relations prior to the marriage.
ESSAY QUESTION
After they got married, Nikki discovered that Christian was having an affair with another woman. But Nikki decided to give it a
try and lived with him for two (2) years. After two (2) years, Nikki filed an action for legal separation on the ground of
Christians sexual infidelity. Will the action prosper? Explain. (5%)
Civil Law 2013
You are a Family Court judge and before you is a Petition for the Declaration of Nullity of Marriage (under Article 36 of the
Family Code)filed by Maria against Neil. Maria claims that Neil is psychologically incapacitated to comply with the essential
obligations of marriage because Neil is a drunkard, a womanizer, a gambler, and a mama's boy- traits that she never knew or
saw when Neil was courting her. Although summoned, Neil did not answer Maria's petition and never appeared in court.
To support her petition, Maria presented three witnesses- herself, Dr. Elsie Chan, and Ambrosia. Dr. Chan testified on the
psychological report on Neil that she prepared. Since Neil never acknowledged n9r responded to her invitation for interviews,
her report is solely based on her interviews with Maria and the spouses' minor children. Dr. Chan concluded that Neil is
suffering from Narcissistic Personality Disorder, an ailment that she found to be already present since Neil's early adulthood
and one that is grave and incurable. Maria testified on the specific instances when she found Neil drunk, with another woman,
or squandering the family's resources in a casino. Ambrosia, the spouses' current household help, corroborated Maria's
testimony.
On the basis of the evidence presented, will you grant the petition? (8%)
Lito was a commercial pilot who flew for Pacific-Micronesian Air. In 1998, he was the co-pilot of the airline's Flight MA916 that
mysteriously disappeared two hours after take-off from Agana, Guam, presumably over the Pacific Ocean. No trace of the
plane and its 105 passengers and crew was ever found despite diligent search; Lito himself was never heard of again. Lito left
behind his wife, Lita, and their two children. In 2008, Lita met and and married Jaime. They now have a child of their own.
While on a tour with her former high school classmates in a remote province of China in 2010, Lita was surprised to see Lito or
somebody who looked exactly like him, but she was sure it was Lito because of the extreme surprise that registered in his face
when he also saw her. Shocked, she immediately fled to her hotel and post haste returned to the country the next day. Lita
now comes to you for legal advice. She asks you the following questions:

VII. (l) If Lito is alive, what is the status of his marriage to Lita? (1%)
(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 declared terminated if Lito would not resurface.
VII. (2) If Lito is alive, what is the status of Lita's marriage to Jaime? (1%)
(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 10 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.
(D) The marriage is void. If Lito is indeed alive, his marriage to Lita was never dissolved and they can resume
their marital relations at any time.
Civil Law 2011
Rene and Lily got married after a brief courtship. After one month, Lily discovered that while Rene presented himself
as a macho man he was actually gay. He would not go to bed with her. He kept obscene magazines of nude men and always
sought the company of handsome boys. What legal remedy does Lily have?
A. She can file an action for annulment of marriage on ground of fraud.
B. She can seek a declaration of nullity of the marriage based on Renes psychological incapacity.
C. She can go abroad and file for divorce in a country that can grant it.
D. She has none since she had the opportunity to examine the goods and freely entered into the
Manuel came to Manila and married Marianne. Unknown to Marianne, Manuel had been previously convicted in
Palawan of theft and served time for it. After Marianne learned of his previous conviction, she stopped living with him. Can
Marianne seek the annulment of the marriage based on Manuels nondisclosure of his previous crime?
(A) No, since the assumption is that marriage forgives all past wrongs.
(B) Yes, since the non-disclosure of that crime is the equivalent of fraud, which is a ground for annulment.
(C) No, in case of doubt, the law must be construed to preserve the institution of marriage.
(D) No, since Manuel already served the penalty for his crime.
Arthur and Helen, both Filipinos, got married and had 2 children. Arthur later worked in Rome where he acquired
Italian citizenship. He got a divorce from Helen in Rome but, on returning to the Philippines, he realized his mistake, asked
forgiveness of his wife, and resumed living with her. They had 2 more children. What is the status of their 4 children?
(A) The children born before the divorce are legitimate but those born after it are not since Arthur got the divorce
when he had ceased to be a Filipino.
(B) The divorce rendered illegitimate the children born before it since the marriage that begot them had been
nullified.
(C) The children born before and after the divorce are all legitimate since Philippine law does not recognize divorce.
(D) All the children are legitimate since they were born of the same father and mother.
X and Y, although not suffering from any impediment, cohabited as husband and wife without the benefit of
marriage. Following the birth of their child, the couple got married. A year after, however, the court annulled the marriage
and issued a decree of annulment. What is the present status of the child?
(A) Legitimated.
(B) Illegitimate.
(C) Natural child.
(D) Legitimate.

Fidel, a Filipino with fair complexion, married Gloria. Before the marriage, Gloria confessed to Fidel that she was twomonth pregnant with the child of a black African who had left the country for good. When the child was born, Fidel could not
accept it being too black in complexion. What is the status of the child?
(A) Illegitimate, because Gloria confessed that the child is not Fidels.
(B) Illegitimate, because by the color of its skin, the child could not possibly be that of Fidel.
(C) Legitimate, because the child was born within a valid marriage.
(D) Legitimate, because Fidel agreed to treat the child as his own after Gloria told him who the father was.
X insured himself for P5 million, designating Y, his wife, as his sole beneficiary. The designation was irrevocable. A few
years later, X had their marriage annulled in court on the ground that Y had an existing prior marriage. X subsequently died, Is
Y entitled to the insurance benefits?
(A) Yes, since the insurance was not dependent on the marriage.
(B) Yes, since her designation as beneficiary was irrevocable.
(C) No, Xs designation of Y is revoked by operation of law upon the annulment of their marriage based on Ys fault.
(D) Yes, since without judicial revocation, Xs designation of Y remains valid and binding.
QR and TS who had a marriage license requested a newly appointed Judge in Manila to marry them on the beach of
Boracay. Since the Judge maintained Boracay as his residence, he agreed. The sponsors were all public officials. What is the
status of the marriage.
(A) Valid, since the improper venue is merely an irregularity; all the elements of a valid marriage are present.
(B) Void, because the couple did not get local permit for a beach wedding.
(C) Voidable, because the Judge acted beyond his territorial jurisdiction and is administratively liable for the same.
(D) Void, because the Judge did not solemnize the marriage within the premises of his court.
X and Y, Filipinos, got married in Los Angeles, USA, using a marriage license issued by the Philippine consul in Los
Angeles, acting as Civil Registrar. X and Y did not know that they were first cousins because their mothers, who were sisters,
were separated when they were quite young. Since X did not want to continue with the relation when he heard of it, he left Y,
came to the Philippines and married Z. Can X be held liable for bigamy?
(A) No since Xs marriage to Y is void ab initio or did not exist.
(B) No since X acted in good faith, conscious that public policy did not approve of marriage between first cousins.
(C) Yes since he married Z without first securing a judicial declaration of nullity of his marriage to Y.
(D) Yes since his first marriage to Y in Los Angeles is valid.
The wife filed a case of legal separation against her husband on the ground of sexual infidelity without previously
exerting earnest efforts to come to a compromise with him. The judge dismissed the case for having been filed without
complying with a condition precedent. Is the dismissal proper?
(A) No, efforts at a compromise will only deepen the wifes anguish.
(B) No, since legal separation like validity of marriage is not subject to compromise agreement for purposes of filing.
(C) Yes, to avoid a family feud that is hurtful to everyone.
(D) Yes, since the dispute could have been settled with the parties agreeing to legal separation.
Baldo, a rejected suitor, intimidated Judy into marrying him. While she wanted to question the validity of their
marriage two years after the intimidation ceased, Judy decided in the meantime to freely cohabit with Baldo. After more than
5 years following their wedding, Judy wants to file a case for annulment of marriage against Baldo on ground of lack of
consent. Will her action prosper?
(A) Yes, the action for annulment is imprescriptible.
(B) No, since the marriage was merely voidable and Judy ratified it by freely cohabiting with Baldo after the force and
intimidation had ceased .
(C) No, since the action prescribed 5 years from the date of the celebration of the marriage.
(D) Yes, because the marriage was celebrated without Judy's consent freely given.
Joseph, a 17-year old Filipino, married Jenny, a 21-year old American in Illinois, USA, where the marriage was valid.
Their parents gave full consent to the marriage of their children. After three years, Joseph filed a petition in the USA to

promptly divorce Jenny and this was granted. When Joseph turned 25 years, he returned to the Philippines and married
Leonora. What is the status of this second marriage?
(A) Void, because he did not cause the judicial issuance of declaration of the nullity of his first marriage to Jenny
before marrying Leonora.
(B) Valid, because Joseph's marriage to Jenny is void, he being only 17 years of age when he married her.
(C) Valid, because his marriage to Leonora has all the elements of a valid marriage.
(D) Void, because Joseph is still considered married to Jenny since the Philippines does not recognize divorce.
No decree of legal separation can be issued
(A) unless the childrens welfare is attended to first.
(B) without prior efforts at reconciliation shown to be futile.
(C) unless the court first directs mediation of the parties.
(D) without prior investigation conducted by a public prosecutor.
X, a married man, cohabited with Y, an unmarried woman. Their relation bore them BB, a baby boy. Subsequently,
after X became a widower, he married Y. Was BB legitimated by that marriage?
(A) Yes, since his parents are now lawfully married.
(B) Yes, since he is an innocent party and the marriage rectified the wrong done him.
(C) No, since once illegitimate, a child shall always remain illegitimate.
(D) No, since his parents were not qualified to marry each other when he was conceived.
PREVIOUS BAR EXAMS
TRUE OR FALSE
Under Article 26 of the Family Code, when a foreign spouse divorces his/her Filipino spouse, the latter may re-marry by
proving only that the foreign spouse has obtained a divorce against her or him abroad. (1%)
In December 2000, Michael and Anna, after obtaining a valid marriage license, went to the Office of the Mayor of Urbano,
Bulacan, to get married. The Mayor was not there, but the Mayors 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 Mayors 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.
[a] Is the marriage of Michael and Anna valid, voidable, or void? Explain your answer. (3%)
[b] What is the status of the three children of Michael and Anna? Explain your answer. (2%)
Harry married Wilma, a very wealthy woman. Barely five (5) years into the marriage, Wilma fell in love with Joseph. Thus,
Wilma went to a small country in Europe, became a naturalized citizen of that country, divorced Harry, and married Joseph. A
year thereafter, Wilma and Joseph returned and established permanent residence in the Philippines.
[a] Is the divorce obtained by Wilma from Harry recognized in the Philippines? Explain your answer. (3%)
[b] If Harry hires you as his lawyer, what legal recourse would you advise him to take? Why? (2%)

[c] Harry tells you that he has fallen in love with another woman, Elizabeth, and wants to marry her because, after all, Wilma is
already married to Joseph. Can Harry legally marry Elizabeth? Explain. (2%)
Emmanuel and Margarita, American citizens and employees of the U.S. State Department, got married in the African state of
Kenya where sterility is a ground for annulment of marriage. Thereafter, the spouses were assigned to the U.S. Embassy in
Manila. On the first year of the spouses tour of duty in the Philippines, Margarita filed an annulment case against Emmanuel
before a Philippine court on the ground of her husbands sterility at the time of the celebration of the marriage.
[a] Will the suit prosper? Explain your answer. (3%)
[b] Assume Emmanuel and Margarita are both Filipinos. After their wedding in Kenya, they come back and take up residence
in the Philippines. Can their marriage be annulled on the ground of Emmanuels sterility? Explain. (3%)
Ana Rivera had a husband, a Filipino citizen like her, who was among the passengers on board a commercial jet plane which
crashed in the Atlantic Ocean ten (10) years earlier and had never been heard of ever since. Believing that her husband had
died, Ana married Adolf Cruz Staedtler, a divorced German national born of a German father and a Filipino mother residing in
Stuttgart. To avoid being reqiured to submit the required certificate of capacity to marry from the German Embassy in Manila,
Adolf stated in the application for marriage license that he was a Filipino citizen. With the marriage license stating that Adolf
was a Filipino, the couple got married in a ceremony officiated by the Parish Priest of Calamba, Laguna in a beach in Nasugbu,
Batangas, as the local parish priest refused to solemnize marriages except in his church. Is the marriage valid? Explain fully.
(5%)
Roderick and Faye were high school sweethearts. When Roderick was 18 and Faye, 16 years old, they started to live together
as husband and wife without the benefit of marriage. When Faye reached 18 years of age, her parents forcibly took her back
and arranged for her marriage to Brad. Although Faye lived with Brad after the marriage, Roderick continued to regularly visit
Faye while Brad was away at work. During their marriage, Faye gave birth to a baby girl, Laica. When Faye was 25 years old,
Brad discovered her continued liason with Roderick and in one of their heated arguments, Faye shot Brad to death. She lost no
time in marrying her true love Roderick, without a marriage license, claiming that they have been continuosly cohabiting for
more than 5 years.
a. Was the marriage of Roderick and Faye valid? (2%)
Write "TRUE" if the statement is true or "FALSE" if the statement is false. If the statement is FALSE, state the reason. (2%
each).

1. If a man commits several acts of sexual infidelity, particularly in 2002, 2003, 2004, 2005, the prescriptive period to file
for legal separation runs from 2002.
2. The day after John and Marsha got married, John told her that he was impotent. Marsha continued to live with John
for 2 years. Marsha is now estopped from filing an annulment case against John.
Gigi and Ric, Catholics, got married when they were 18 years old. Their marriage was solemnized on August 2, 1989 by Ric's
uncle, a Baptist Minister, in Calamba, Laguna. He overlooked the fact that his license to solemnize marriage expired the month
before and that the parties do not belong to his congregation. After 5 years of married life and blessed with 2 children, the
spouses developed irreconcilable differences, so they parted ways.
While separated, Ric fell in love with Juliet, a 16 year-old sophomore in a local college and a seventh-Day Adventist. They
decided to get married with the consent of Juliet's parents. She presented to him a birth certificate showing she is 18 years
old. Ric never doubted her age much less the authenticity of her birth certificate. They got married in a Catholic church in
Manila. A year after, Juliet gave birth to twins, Aissa and Aretha.
1. What is the status of the marriage between Gigi and Ric - valid, voidable or void? Explain. 2.5 %
2. What is the status of the marriage between Ric and Juliet - valid, voidable or void? Explain. 2..5%

3. Suppose Ric himself procured the falsified birth certificate to persuade Juliet to marry him despite her minority and
assured her that everything is in order. He did not divulge to her his prior marriage with Gigi. What action, if any, can
Juliet take against him? Explain. 2.5%
4. If you were the counsel for Gigi, what action/s will you take to enforce and protect her interests? Explain. 2.5%
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.
Meanwhile, Arnell met an accident which disabled him from reporting for work and earning a living to support himself.
Will Gemma's suit prosper? Explain. 5%
1. Article 36 of the Family Code provides that a marriage contracted by any party who, at the time of the celebration,
was psychologically incapacitated to comply with the essential marital obligations of marriage, shall be void.
Choose the spouse listed below who is psychologically incapacitated. Explain. 2.5%
a.
b.
c.
d.
e.

Nagger
Gay or lesbian
Congenital sexual pervert
Gambler
Alcoholic