1a

Under Article 170 of the Family code, B may impugn the status of G's daughter by another man;
which can be proven thru DNA test.

G’s daughter by another man is presumed to be the child of B and G under Article 164 the
Family Code since that daughter was born during a marriage between the spouses.

During the action to impugn, B must then pray for the said daughter’s birth record to be
corrected.

1b

If B agrees and does not file the action to impugn the legitimacy of the child within the
prescribed period stated in Article 170 of the Family Code, G's daughter by another man shall be
conclusively presumed as the legitimate daughter of B and G

2a

I cannot file for any legal action for majorette. Majorette cannot regain custody of the baby
since the baby is not biologically hers.

As surrogate mother she merely carried the child in her womb for its development; but sperm
and the egg were extracted from the natural parents- Gigolo and his partner.

2b

Yes, because the agreement between Gigolo and majorette is a valid agreement.

If Majorette cannot keep her end of the deal, then she must naturally return the money which
was supposedly the payment for her service for carrying the baby for Gigolo and his partner.

2c

Gigolo can exercise parental authority over the child because he is the biological father of the
child.

Majorette was just there to carry the child; she has no blood relation to the child.
 2d

Art 172 of the family code provides that The filiation of legitimate children is established
by admission of legitimate filiation in a public document or a private handwritten instrument and
signed by the parent concerned.

If Gigolo recognizes the child as reflected in the records, then the child is entitled to support and
inheritance from Gigolo.

3a

According to RA 8552 Section 9, Rex would need the consent of his 14- year old legitimate
daughter, his 10- year old illegitimate child, and the biological mother of the illegitimate child in order to
continue the process of adoption.

3b

Yes,under the same Rules in RA 8552 Section 9, Rex can still adopt the illegitimate child with the
consent of his spouse, his 14-year-old legitimate child, of the illegitimate child, and of the biological
mother of the illegitimate child

“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant
To Do.”-

4a

4b same as 3a and 3b
 5a

Since the marriage was null and void, no Absolute Community or Conjugal Partnership was
established between B and G. Their properties are governed by the “special co-ownership” provision of

According to Article 147 of the Family Code and because both B and G were capacitated to
marry each other, the Article provides that when a man and a woman who are capacitated to marry
each other, live exclusively with each other as husband and wife without the benefit of marriage, or
under a void marriage:

(1) their wages and salaries shall be owned by them in equal shares; and (2) property acquired
by both of them through their work or industry shall be governed by the rules on co-ownership.

In co-ownership, the parties are co-owners if they contributed something of value in the
acquisition of the property. Their share is in proportion to their respective contributions. In an ordinary
coownership the care and maintenance of the family is not recognized as a valuable contribution for the
acquisition of a property.

Since they acquired it during their cohabitation, the residential lot is presumed acquired
through their joint work and industry, then, B and G are co-owners of the said property in equal shares.

5b

Venus is illegitimate .According to Art 165 of the family code, Children conceived and born
outside a valid marriage are illegitimate.

Venus was legitimated by the subsequent marriage of her parents but the legitimation was
rendered ineffective when the marriage was declared null and void due to absence of a marriage
license.
 6a

The legal heirs of Peter are his children by the first and second marriages and his surviving
second wife. Their shares in the estate of Peter will depend, however, on the cause of the nullity of the
first marriage. If the nullity of the first marriage was psychological incapacity of one or both spouses, the
three children of that void marriage are legitimate and all of the legal heirs shall share the estate of
Peter in equal shares. If the judgment of nullity was for other causes, the three children are illegitimate
and the estate shall be distributed such that an illegitimate child of the first marriage shall receive half of
the share of a legitimate child of the second marriage, and the second wife will inherit a share equal to
that of a legitimate child. In no case may the two legitimate children of the second marriage receive a
share less than one-half of the estate which is their legitime. When the estate is not sufficient to pay all
the legitimes of the compulsory heirs, the legitime of the spouse is preferred and the illegitimate
children suffer the reduction. Computation: (A) If the ground of nullity is psychological incapacity: 3
children by first marriage 1/6 of the estate for each 2 children by second marriage 1/6 of the estate for
each Surviving second spouse 1/6 of the estate

6b

Only half of the presumptive legitime is collated to the estate of Peter because the other half
shall be collated to the estate of his first wife.

½ of the presumptive received by the 3 children of the first marriage shall be collated to Peter’s
estate and shall be imputed as an advance of their respective inheritance from Peter.