MIDTERMS FOR PFR

2nd semester, 2019-2020

THIS EXAM IS FOR FORTY FIVE MINUTES (45) ONLY.

CHEATING ENTAILS FATAL CONSEQUENCES.

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1. What do you understand by "presumptive legitime." In what case or cases must the
parent deliver such legitime to the children, and what are the legal effects in each case if
the parent fails to do so?
2. Which of these is not a ground for legal separation?

a. A wife discovers that her husband had a pre-marital affair with his first cousin.

b. A husband becomes a homosexual.

c. A wife who is Iglesia ni Cristo exerted moral pressure for her Catholic husband
to change his religion.

d. The wife contracted a bigamous marriage.

3. Is there a crime when a husband keeps a mistress in the conjugal dwelling?

a. No, if the mistress is the household help.

b. Yes, adultery.

c. Yes, concubinage.

d. No, a husband is not liable for sexual infidelity.

4. Jane filed a petition for legal separation and support and also filed a criminal case for
concubinage against her husband, Jonathan. Jonathan asked the civil court to suspend the
proceedings until the concubinage case has been decided. Will Jonathan be successful?

a. Yes, because if the concubinage case is dismissed, Jonathan will not be under
any obligation to pay support.

b. No, because an action for legal separation is not to recover civil liability but is
aimed at the conjugal rights of the spouses.

c. Yes, because the basis of the action for legal separation is the alleged offense
of concubinage.

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 d. No, because a civil court is different from a criminal court.

5. A wife seeks a decree of legal separation as her husband is violent. What defense is available to
the husband?

a. A decree of legal separation would taint his reputation and label him as a
wife-beater and a child-abuser.

b. The witnesses of his wife are biased as they are her relatives.

c. The wife committed acts of sexual infidelity.

d. He is very ill and a court proceeding will exacerbate his heart condition.

6. A spouse is deemed to have abandoned the other when her or she has left the conjugal dwelling
without intention of returning. What does the spouse present need to show?

a. That the spouse who has left the conjugal dwelling has stayed away for a
period of three months.

b. That the spouse who has left the conjugal dwelling only calls once a week.

c. That the spouse who has left the conjugal dwelling left word that he would be
in Canada for 2 months.

d. That the spouse who has left the conjugal dwelling told the spouse present
that he doesn’t love her anymore.

7. A wife discovered, in 2001, that her husband had married his former girlfriend in Las Vegas in
August 1998. Unable to bear the thought that her husband had committed bigamy, she came to
see you in 2007 to file a legal separation. What advice will you give her?

a. The wife’s action has prescribed because an action for legal separation shall
be filed within five years from the time of the occurrence of the cause.
b. The wife has no right of action because the 2nd marriage did not take place in
the Philippines.
c. The wife may file a case for bigamy instead of a legal separation.
d. Suggest that the wife try to reconcile with her husband.

8. Herod, a married man, had an adulterous relation with Delilah. In one of the trysts, Herod's wife,
Magdalena, caught them in flagrante. Armed with a gun, Magdalena shot Herod in a fit of
extreme jealousy, nearly killing him. Four (4) years after the incident, Herod filed an action for

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 legal separation against Magdalena on the ground that she attempted to kill him. How will you
decide the case?

a. Attempt by one spouse against the life of another is a ground for legal separation.
b. Attempt by one spouse against the life of another is only a ground for legal separation
when there is intent to kill.
c. There is recrimination which is a defense to an action for legal separation.
d. None of the above.

9. Write "TRUE" if the statement is true or "FALSE" if the statement is false. Explain your answer:

a. Roberta, a Filipino, 17 years of age, without the knowledge of his parents, can acquire a house in
Australia because Australian laws allow aliens to acquire property from the age of 16.
b. If Jobert commits several acts of sexual infidelity, particularly in 2008, 2009, 2010, 2011, the
prescriptive period to file for legal separation runs from 2008.
c. The day after Bea and John Lloyd got married, John Lloyd told her that he was impotent. Bea
continued to live with John Lloyd for 2 years. Bea is now estopped from filing an annulment case
against John Lloyd.
d. Elizabeth gave birth to MaryQueen when she was 15 years old. Thereafter, Elizabeth met
EarlFitzgerald and they got married when she was 20 years old. EarlFitzgerald had a son, Henry,
with his ex-girlfriend AnneBo. Henry and MaryQueen can get married.

10. Michelle and Barack, Catholics, got married when they were 18 years old with the consent of their
parents. Their marriage was solemnized on August 2, 2007 by Barack's uncle, a Baptist Minister, in Sta.
Rosa, 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, Barack fell in love with Malia, a 16-year-old sophomore in a local college and a
Seventh-Day Adventist. They decided to get married with the consent of Malia's parents. They got
married in a Catholic church in Manila. A year after, Malia gave birth to twins, Aissa and Aretha.

a. What is the status of the marriage between Michelle and Barack?

i. Void because the solemnizing officer had no authority

ii. Voidable because there was a defect in the authority of the solemnizing officer
iii. Valid because the parties were in good faith.
iv. None of the above.

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b. What is the status of the marriage between Barack and Malia?

i. Void.
ii. Voidable.
iii. Valid.
iv. None of the above.

c. Suppose Barack procured a falsified birth certificate to persuade Malia to marry him despite her
minority and assured her that everything is in order. He did not divulge to her his prior marriage with
Michelle. What action, if any, can Malia take against him?

i. An action to recover damages.

ii. Criminal case for seduction.
iii. Declaration of nullity of marriage.
iv. All of the above.

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