PERSONS & FAMILY RELATIONS Midterm Examination August 13, 2012 (Prof. Vincent Deo F.

Albeos)

Destiny belongs to those who believe in the beauty of their dreams

I. Instruction: Write only the letter corresponding to your choice. Each item is equivalent to 1 point only. 1. An irregularity in the formal requisite of marriage shall: a. Render the marriage void b. Render the marriage voidable c. Not affect the validity of the marriage d. Give rise to its correction 2. Which of the following requisites is not a formal requisite of marriage? a. Legal capacity of the contracting parties b. A valid marriage license c. A marriage ceremony d. Authority of the solemnizing officer 3. Marriage may be solemnized by any of the following solemnizing officers, except by: a. A Provincial Governor, within the province 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 courts jurisdiction 4. The following circumstances may not constitute fraud for the annulment of marriage, except: a. Non-disclosure of a previous conviction by final judgment of a crime of the other party b. Concealment by the wife of the fact that at the time of the marriage, she was pregnant c. Concealment of sexually transmissible disease existing at the time of the marriage d. Concealment of alcoholism existing at the time of the marriage 5. X and Y, father and son, respectively, both perished in the same plane crash incident. X was then 70 years old. In the absence of proof as to who died first:

a. X will inherit from Y b. Y will inherit from X c. Both will inherit from each other d. No one will inherit from the other 6. Janice successfully obtained in court a judicial decree of presumptive death of her husband. Which of the following is true?
a. Janice can marry at any time after the said decree is rendered by the court because a

judicial decree of presumptive death is immediately final and executory. b. Janice must wait for 6 months from the publication of the said decree because it is only by then that the said decree may be considered final and executory. c. Janice must, first, record the said decree in the local civil registry before she can remarry. d. Janice cannot remarry despite the said decree of presumptive death as her first marriage is still, in the eyes of the law, subsisting. 7. Dabon, a handsome bachelor, had impregnated Ms. Clavina, the adopted daughter of Commander Plaza a notorious NPA leader in the town. The NPA group stormed the house of Dabon and threatened him through this warning: If you will not marry the daughter of Ka-Plaza within 36 hours, we will tear you into pieces! Because of the threat, Dabon married the daughter of Commander Plaza. Given these facts and granting that all other requisites of marriage are present, the aforesaid marriage is? a. b. c. d. Void Voidable Valid Without basis

8. According to jurisprudence, the following are mandatorily the main elements/factors to be considered in dealing with issues regarding psychological incapacity under Article 36 of the Family Code, except: a. Juridical antecedence b. Gravity c. Medical history d. Incurability 9. Which of the following is true?
a. The reappearance of the missing spouse shall automatically dissolve the subsequent

marriage of the present spouse with another person under the decree of presumptive death. b. The missing spouse who reappears and who opted not to execute and record an affidavit of his reappearance in the local civil registrar may validly remarry with another person. c. Well-founded belief in good faith on the part of the present spouse that the absent spouse is already dead is an indispensable requirement before a decree of presumptive death may be issued. d. A decree of presumptive death shall become effective only after 6 months after its publication in the newspaper of general circulation. 10. Primarily, who decides as regards family domicile? a. The husband b. The court c. The wife d. The spouses

[For II to X, write legibly and kindly minimize erasures. Your answer will not be graded according to its length, but by its substance!]

II. Jaime, who is 65, and his son, Willy, who is 25, died in a plane crash. There is no proof as to who died first. Jaime's only surviving heir is his wife, Julia, who is also Willy's mother. Willy's surviving heirs are his mother, Julia and his wife, Wilma.
(a) In the settlement of Jaime's estate, can Wilma successfully claim that her late husband,

Willy had a hereditary share since he was much younger than his father and, therefore, should be presumed to have survived longer? (5 points) the beneficiaries. Can Wilma successfully claim that one-half of the proceeds should belong to Willy's estate? (5 points)

(b) Suppose Jaime had a life insurance policy with his wife, Julia, and his son, Willy, as

III. In 1989, Tess, a Filipino citizen, married her boss, Don, an American citizen, in Thailand in a wedding ceremony celebrated according to Thai laws. One year later, Don returned to his native land, Nevada, and he validly obtained in that state an absolute divorce from his wife, Tess. After Tess received the final judgment of divorce, she married her childhood sweetheart Pedro, also a Filipino citizen, in a religious ceremony in Mandaue City, celebrated according to the formalities of Philippine law. Pedro later left for the US and there became naturalized as an American citizen. Tess followed Pedro to the US and after a serious quarrel, Tess filed a suit and obtained a divorce decree issued by the court in the state of Nevada. Tess then returned to the Philippines and in a civil ceremony celebrated in Cebu City according to the formalities of Philippine law, she married her former classmate, Jorge, likewise a Filipino citizen.
(a) Was the marriage of Tess and Don valid when celebrated? Is their marriage still validly

existing? Reasons. (2.5 points)

(b) Was the marriage of Tess and Pedro valid when celebrated? Is their marriage still validly

existing now? Reasons. (2.5 points)

(c) Was the marriage of Tess and Jorge valid when celebrated? Is their marriage still validly

existing now? Reasons. (2.5 points)

(d) At this point in time, who is the lawful husband of Tess? Reasons. (2.5 points)

IV. In 1990, Mike, who was then a 16 year old Filipino citizen, went to Canada. There, he met Mina, a lovely Canadian citizen. After a whirlwind of courtship, the two married each other in a ceremony according to Canadian laws. The said marriage is valid in Canada. Three (3) years after their marriage, Mike went home in the Philippines and married his ultimate crush Michelle, whom Mike knows to be an insane woman.
(a) What is the status of the marriage between Mike and Mina, according to Philippine law?

Explain. (5 points)

(b) Is the marriage between Mike and Michelle valid, void, or voidable? Explain. (5 points)

V. On March 2, 2007, during a one-week out-of-town seminar held in Cebu City, Y and Z who were both management trainees in a hotel in Manila, obtained a marriage license from the Office of the Civil Registry in Liloan, Cebu, with the help of Ys friend there. Upon their return to Manila, Z was again sent to Thailand to undergo more extensive training in hotel management. Upon Zs return to the Philippines on July 16, 2007, Y and Z were married by a Pastor of their religious denomination in Pasig City whose license to solemnize marriage had been suspended at that time but, who both Y and Z believed in good faith was duly authorized to solemnize marriages. After living as husband and wife for one year, Y was assigned to manage a branch of the hotel in Malaysia where she met and fell in love with A, another Filipino working there. Z, who was left behind in the Philippines, got romantically involved with B, his assistant manager at the hotel.
(a) What is the status of the marriage between Y and Z? Explain. (5 points) (b) Suppose Z comes to you for an advice as to whether he could validly remarry B. How

would you advise him? Cite a legal basis. (5 points)

VI.
(a) State the grounds upon which a decree for legal separation may be issued. (10 points)

VII. If the husband was granted a decree of legal separation, may the wife inherit from the husband
(a) By intestate succession? Explain. (5 points) (b) How about by will (testate)? Explain. (5 points)

VIII. Enumerate ALL the void marriages under the Family Code. Do NOT just cite the article numbers! (10 points) IX. What are the grounds for annulment of marriage under Article 45 of the Family Code? State the grounds completely! (10 points)

X.
(a) State the doctrine of Triennial Cohabitation. (2.5 points) (b) When did the New Civil Code take effect? (2.5 points) (c) When did the Family Code take effect? (2.5 points) (d) Give the prescriptive period for the filing of petition for legal separation. (2.5 points)

BONUS:
1. Define Marriage in full. (5 points) 2. Give the essential requisites of marriage. (2.5 points) 3. Give the formal requisites of marriage. (2.5 points)

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