Final Examination in Persons and Family Relations Law

16 December 2021 7pm to 9pm

INSTRUCTIONS

1. All the items must be answered within two (2) hours. Read each question
very carefully and encode your answers in a word file in the same order the
questions are posed. In your answers, use the numbering system in the
questionnaire. Your answers shall then be copied and pasted to the designated
spaces in the Google Forms.

2. Your answer should demonstrate your ability to analyze the facts, apply
the pertinent laws and jurisprudence, and arrive at a sound or logical conclusion.
Always support your answer with the pertinent laws, rules, jurisprudence, and
the facts.

3. A mere "Yes" or "No" answer without any corresponding explanation or

discussion will not be given full credit. Thus, always briefly but fully explain your
answers although the question does not expressly ask for an explanation. Do not
re-write or repeat the question in your answer.

I.

Tomcrooz and Jorjina were married in 2009. Ten years later, or in 2019,
Jorjina left Tomcrooz to live with another man, leaving their two children of
school age with Tomcrooz. When Tomcrooz needed money for their children's
education, he sold a parcel of land registered in his name, which he purchased
before his marriage, and without Jorjina's consen.

Is the sale by Tomcrooz valid? Explain. [10 pts.]

II.

In 2007, Tomtanks and Starlett started living together without the benefit
of marriage. The relationship produced one offspring, Tomlett. The couple
acquired a residential lot in Cainta. After four (4) years or in 2011, Starlett having
completed her juris doctor degree as a fulltime student, she and Tomtanks
contracted marriage without a license. The marriage of Tomtanks and Starlett
was, two years later, declared null and void due to the absence of a marriage
license.
 a) If you were the judge who declared the nullity of the marriage,
to whom would you award the lot? Explain. [10 pts.]

b) Suppose that instead of getting married in 2011, Starlett

discovered that Tomtanks was previously married to Wanda. Would your
answer be the same? Explain. [10 pts.]

III.

Menardo DiCapillo and Chariss Turon have been married for 15 years
without children. Desirous to have a baby, they consulted Dr. Buko Delo, a,
prominent medical specialist on human fertility. He advised Chariss Turon to
undergo artificial insemination. It was found that Menardo DiCapillo’s sperm
count was inadequate to induce pregnancy. Hence, the couple looked for a willing
donor. Brod Feet the brother of Menardo DiCapillo, readily consented to donate
his sperm. After a series of tests, Brod Feet's sperm was medically introduced
into Chariss Turon's ovary. She became pregnant and 9 months later, gave birth
to a baby boy, named Menaris.

Who is the father of Menaris? Explain. [10 pts.]

IV.

Spouses Chill Smith and Emmawat Smith, childless, were entrusted with
the custody of two (2) minor children, the parents of whom were unknown. Eager
of having children of their own, the spouses made it appear that they were the
children’s parents by naming them Jennifer Smith and Johnny Smith.
Subsequently, Emmawat married Vain Jonson after Chill Smith’s death. She
decided to adopt the children by availing the amnesty given under the law to
those individuals who simulated the birth of a child. She filed separate petitions
for the adoption of Jennifer, then 25 years old and Johnny, 18. Both Jennifer
and Johnny gave consent to the adoption. The trial court dismissed the petition
and ruled that Emmawat should have filed the petition jointly with her new
husband. Emmawat, in a Motion for Reconsideration argues that mere consent
of her husband would suffice and that joint adoption is not needed, for the
adoptees are already emancipated.

Is the trial court correct in dismissing the petitions for adoption?

Explain. [10 pts.]
 V.

Despite several relationships with different women, Kiyanooribs remained

unmarried. His first relationship with Scarlet produced a daughter, Meryl, now
30 years old. His second, with Margot, produced two sons: Tito and Vic. His third,
with Solena, bore him no children although Solena has a daughter Julia, from a
previous relationship. His last, with Natalie Fartman, produced no biological
children but they informally adopted without court proceedings, Audrey, now 13
years old, whom they consider as their own. Audrey was orphaned as a baby and
was entrusted to them by the midwife who attended to Audrey's birth. All the
children, including Meryl, now live with Kiyanooribs in his house.

a) In his old age, from whom among the children can Kiyanooribs
legally claim support assuming that all of them have the means to support
him? Explain. [10 pts.]

b) Can Meryl legally refuse giving support to Tito, Vic, Julia, and
Audrey by arguing that they are not legitimately related? Explain. [10 pts.]

VI.

Matt Demon and Megun Pox, both 20 years old, were sweethearts. At a
party at the house of a mutual friend, Megun Pox met More Gunpriman, also 20
years old, who showed interest in her. Megun Pox seemed to entertain More
Gunpriman because she danced with him many times. In a fit of jealousy, Matt
Demon shot More Gunpriman with his father’s 9mm pistol which, before going
to the party he was able to get from the unlocked drawer inside his father’s
bedroom. More Gunpriman died as a result of the lone gunshot wound he
sustained. His parents sued Matt Demon’s parents for damages arising from
quasi-delict. At the time of the incident, Matt Demon was 20 years old living with
his parents. In their answer, Matt Demon’s parents claimed that since Matt
Demon was already of legal age, they were no longer liable for his acts.

Is Matt Demon’s parents’ defense tenable? Explain. [10 pts.]

VII.

On June 23, 1999, Harnaaz Sandhu Indiana, a minor, through her mother,
Sushmita Zmell Filipino, filed a petition in the Family Court of Malolos, praying
that her name "Harnaaz Sandhu Indiana" be changed to " Harnaaz Sandhu
Filipino." It is alleged in the petition that the petitioner is an illegitimate child,
born on April 17, 1996, out of a bigamous marriage contracted by Emmanuel
Indiana with Sushmita Zmell Indiana; that the surname "Indiana" which the
petitioner carries is a stigma of illegitimacy, by reason of which she has become
the subject of unfair comments; that petitioner is living with her mother who is
now married to Attorney Alpacheeno Filipino; and that it is the desire of the
petitioner to have her surname changed from "Indiana" to " Filipino" which is the
surname of her foster father, the husband of her mother. The Solicitor General
opposes the petition contending that the evident purpose of petitioner in seeking
a change of her surname is to conceal her status as an illegitimate child and that
any attempt to conceal illegitimacy cannot be motivated by good faith and an
honest purpose.

Should the Court grant the petition? Explain. [10 pts.]

VIII.

Denjel Washingmachine was separated-in-fact with his wife for 30 years

before he cohabited with Angelina Jolina. When Denjel Washingmachine died,
Angelina Jolina took care of the funeral rites and buried him in the Angelina
Jolina Family Museoleum. At the time of Denjel Washingmachine’s terminal
illness and death, his separated wife Gal Harot was vacationing in France with
their children. Upon learning of her husband’s death, Gal Harot called Angelina
Jolina to postpone the internment so that they may be given a chance to see him
one last time. Angelina Jolina did not heed the request. Gal Harot filed a petition
to exhume and transfer the body to the Washingmachine Museoleum, on
grounds that it was the express wish of the deceased. Angelina Jolina argued
that the two had been separated for a long time and that Gal Harot has failed to
take care of the deceased in his time of need, so she (Angelina Jolina) has the
right to decide on the funeral rights.

Who between Gal Harot and Angelina Jolina is entitled to the remains
of Denjel Washingmachine? Explain. [10 pts.]

--End.--