III.

Answer with the corresponding provisions of law:

1. The property relations between husband and wife shall be primarily governed
by:

ANSWER: According to Article 74 of the Family Code, the property relations between
husband and wife shall be primarily governed by marriage settlements executed before
the marriage.

2. Under the Family Code, if there is no marriage settlement between the parties,
the property relations shall be governed by

ANSWER: Under Article 74 of the Family Code, if there is no marriage settlement

between the parties, the property relations shall be governed by the provisions of this
Code and by the local customs.

3. The marriage settlement shall prejudice third parties if:

ANSWER: Stated in Article 77, marriage settlement shall prejudice third parties if they
are registered in the local civil registry where the marriage contract is recorded as well
as in the proper registries of property.

4. A minor who according to law may contract marriage may also execute his or
her marriage settlements if:

ANSWER: Under Article 78, a minor who according to law may contract marriage may
also execute his or her marriage settlements if the persons designated in Article 14 to
give consent to the marriage are made parties to the agreement, subject to the provisions
of Title IX of this Code.

5. As a general rule, the property relations of spouses shall be governed by

Philippine laws regardless of the place of the celebration of marriage and their
residence except:

ANSWER: As a general rule in Article 80, the property relations of spouses shall be
governed by Philippine laws regardless of the place of the celebration of marriage and
their residence except: 1) where both spouses are aliens; 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 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.

6. In order that donations propter nuptias may be valid, the same must not be:

ANSWER: Stated in Articles 82 and 83, in order that donations propter nuptias to be
valid, the same must not be in contrary with the rules on ordinary donations established
in Title III of Book III of the Civil Code. These donations by reason of marriage are those
which are made before its celebration, in consideration of the same, and in favor of one
or both of the future spouses.
7. If spouse agree upon a regime other than the absolute community of property,
they cannot donate to each other in their marriage

ANSWER: Under Article 84, if spouse agree upon a regime other than the absolute
community of property, they cannot donate to each other in their marriage settlements
more than one-fifth of their present property.

8. A donation by reason of marriage may be revoked by the donor, except

ANSWER: Under Article 86, a donation by reason of marriage may be revoked by the
donor if the marriage is not celebrated or judicially declared void ab ignitio except
donations made in the marriage settlements.

9. 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. The concept of ‘impediment” covers the
following except:

ANSWER: Under Article 177, the concept of impediment covers legal impediment except
that the reason for disqualification is that either or both of the spouses were below
eighteen years of age

10. Legitimation shall take place by:

ANSWER: Stated in Article 178, legitimation shall take place by a subsequent valid
marriage between parents.

11. Husband and wife must jointly adopt except:

ANSWER: Article 185 provides that husband and wife must jointly adopt except in the
following cases: 1) when one spouse seeks to adopt his own illegitimate child; or 2) when
one spouse seeks to adopt the legitimate child of the other.

12. The written consent of the following person is required in an adoption:

ANSWER: Stated in Article 188, the written consent of the following persons is required
in an adoption: 1) the person to be adopted, if ten years of age or over; 2) the parents by
nature of the child, the legal guardian, or the proper government instrumentality; 3) the
legitimate and adopted children, ten years of age or over, of the adopting parent or
parents; 4) the illegitimate children, ten years of age or over, of the adopting parent, if
living with said parent and the latter’s spouse, if any; and 5) the spouse, if any, of the
person adopting or to be adopted.
13. Parental authority is

ANSWER: Article 209 states that parental authority is the caring for and rearing of such
children for civic consciousness and efficiency and the development of their moral,
mental and physical character and well-being. Parental authority also refers the right
and duty of parents under the law of nature as well as the common law and the statues
to protect their children, to care for them in sickness and in health, and to do whatever
may be necessary for their care, maintenance, and preservation. As with the case of
Cang v. Court of Appeals, parental authority involves a mass of rights and obligation
which the law grants for the purpose of the children’s physical preservation and
development, as well as the cultivation of their intellect and the education of their hearts
and senses.

14. Parental authority terminates permanently except:

ANSWER: Parental authority terminates permanently except subsequently revived by a

final judgment.

15. The rule regarding suits between family members shall apply to

ANSWER: As stated in Article 151 of the Family Code of the Philippines, no suit between
members of the same family shall prosper unless it should appear from the verified
complaint or petition that earnest efforts toward a compromise have been made, but
that the same have failed. If it is shown that no such efforts were in fact made, the case
must be dismissed. However, this rule shall not apply to cases which may not be the
subject of compromise under the Civil Code.

17. Under Article 153 of the Family Code, the family home shall not be exempt
from

ANSWER: The family home is exempt from execution, forced sale or attachment except
as hereinafter provided and to the extent of the value allowed by law.

18. The law explicitly provides that occupancy of the family home either by the
owner thereof or by any of its beneficiaries must be actual. The beneficiaries of a
family home are:

ANSWER: Article 154 states that the beneficiaries of a family home are: 1) the husband
and wife, or an unmarried person who is the head of a family; and 2) their parents,
ascendants, descendants, brothers and sisters, whether the relationship be legitimate
or illegitimate, who are living in the family home and who depend upon the head of the
family for legal support.

19. What actions may be adopted by the parents or those exercising parental
authority to provide for disciplinary measures over the child? d) commit the
child for not more than thirty days in entities or institutions engaged in child
care.

ANSWER: According to Article 224, the measures referred to may include the
commitment of the child for not more than thirty days in entities or institutions engaged
in child care or in children’s homes duly accredited by the proper government agency.
20. What rules on the exercise of legal guardianship shall govern where the market
value of the property or the annual income of the unemancipated common child
exceeds P50,000.00?

ANSWER: It is stated in Article 225 of the Family Code of the Philippines that where the market
value of the property or the annual income of the child exceeds P50,000, the parent concerned
shall be required to furnish a bond in such amount as the court may determine, but not less than
ten per centum (10%) of the value of the property or annual income, to guarantee the performance
of the obligations prescribed for general guardians.

A verified petition for approval of the bond shall be filed in the proper court of the place where the
child resides, or if the child resides in a foreign country, in the proper court of the place where the
property or any part thereof is situated.

The petition shall be docketed as a summary special proceeding in which all incidents and issues
regarding the performance of the obligations referred to in the second paragraph of this Article
shall be heard and resolved.

The ordinary rules on guardianship shall be merely suppletory except when the child is under
substitute parental authority, or the guardian is a stranger, or a parent has remarried, in which case
the ordinary rules on guardianship shall apply.