Abe is a security guard at SM City Baguio.

He is dating Tessie, who is very

much in love with him, but reluctant to marry him because of his meager
income and limited job potential. Abe tells his father, Rey, about his desire
to marry Tessie and about her reservation. Rey is anxious to see his son
married, and so he goes to Tessie and tells her that if she marries Abe, Rey
will support them for six months and send Abe to a computer school. This is
sufficient to dispel Tessie’s reservations, and Abe and Tessie marry the very
next day. When Abe and Tessie return from their honeymoon, Rey refuses
to go through his offer.

If Tessie sues Rey for damages and Rey prevails, it will be because:

a) The contract was against public policy.

b) Rey’s promise was not supported by a valid consideration.
c) The contract was oral.
d) Tessie is happily married and therefore has suffered no loss.

Rationale: An agreement made in consideration of marriage other than a mutual

promise to marry is covered by the Statute of Frauds

A and B are a married couple. On complaint of B, the marriage is judicially

declared void. Without the decree of nullity of the voided marriage recorded
in the civil registry and without the assets of the absolute community of the
spouses liquidated, A marries C. A’s subsequent marriage to C is:

a) Valid. A’s failure to comply with the recording requirements is a mere irregularity
in a formal requisite which does not affect the validity of the marriage but A may be
held civilly or criminally liable for the irregularity.
b) Void. Under the law, the former spouses of a dissolved marriage may marry again
after complying with the recording requirements; otherwise, the subsequent
marriage is null and void.
c) Voidable. A’s failure to comply with the recording requirements constitutes fraud
which will annul the marriage at the instance of the innocent spouse, C.
d) Valid, but bigamous. A’s failure to comply with the recording requirements renders
his subsequent bigamous.

Basis: Art. 53 of the Family Code – Either of the former spouses may marry again
after complying with the requirements of registry, partition and distribution of the
properties, otherwise the subsequent marriage shall be void.
Which of the following statements is not embraced in Wharton’s concept of
processual presumption?

a) A foreign law is a question of fact to be properly pleaded and proved in conformity

with the law of evidence of the State in which it is presented.
b) When there is no proof of a foreign law, the court of the forum may presume that
the foreign law is the same as the law of the forum.
c) Courts of the forum (local courts) are authorized to take judicial notice of a foreign
law under the principle of international comity.
d) The party whose cause of action or defense is dependent upon a foreign law has
the burden of proving the foreign law.

Rationale: Under the concept of processual presumption is not within the scope of
judicial notice.

Anton and Amy, husband and wife, are married in Baguio City. Anton goes
to Hongkong and marries Bonnie, a Filipina domestic helper. After a month
of connubial bliss in the Crown Colony, Anton goes to Singapore and marries
Connie, a Filipina “house manager.” After two months with Connie, Anton
goes to Brunei where he marries Demi, a Filipina GRO. After three months
of connubial bliss in Brunei, Anton heads for home sweet home. May Anton
be prosecuted for bigamy in the Philippines at the instance of his first wife,
Amy?

a) No, because the subsequent marriages, which are bigamous marriages, were all
entered into abroad, or outside Philippine territory, and therefore beyond our criminal
jurisdiction.
b) Yes, because Anton contracted the subsequent marriages during the subsistence
of his prior existing marriage with Amy. This is true even if Anton’s marriage to Amy
is later declared void for any reason whatsoever.
c) Yes, following the well-settled rule that laws relating to family rights and duties,
or status, condition and legal capacity of persons are binding upon citizens of the
Philippines, even though living abroad.
d) No, because only the innocent spouses of the subsequent marriages are the proper
parties who can initiate the complaints for bigamy.

Basis: Art. 14 of the Civil Code (Territoriality of penal laws)

Anthony and Benita, Filipinos, are a married couple with two children.
Anthony later worked in Rome where he acquired Italian citizenship. He got
a divorce from Benita in Rome but, on returning to the Philippines, he
realized his mistake, asked forgiveness of his wife, and resumed living with
her. They had two more children.
What is the status of the four children?

a) All the children are legitimate because they were born of the same father and
mother.
b) The divorce rendered illegitimate the children born before it because the marriage
that begot them had been legally dissolved.
b) The children born before and after the divorce are all legitimate since Philippine
law does not recognize divorce.
d) The children born before the divorce are legitimate, but those born after are not
because Anthony got the divorce when he had ceased to be a Filipino.

Romeo and Juliet, both of marriageable ages and not suffering from any
impediment, cohabited exclusively with each other as husband and wife
without the benefit of marriage. Following the birth of their child, the couple
got married. A year later, however, the court annulled the marriage. What
is the present status of the couple’s child?

a) Legitimated.
b) Illegitimate.
c) Natural child.
d) Legitimate.

Basis: Art. 178 of the Family Code states that the annulment of a voidable marriage
shall not affect the legitimation.

When two persons perish in the same calamity, such as wreck, battle or
conflagration, and it is not shown who died first, and there are no particular
circumstances from which it can be inferred, the survivorship is presumed,
according to the Rules of Court, from the probabilities resulting from the
strength and age and sexes of the parties.

Which of the following is a valid presumption of survivorship under the Rules

of Court?

a) if both were under the age of 15 years, the younger is presumed to have survived.
b) if both were above the age of 60 years, the older is presumed to have survived.
c) if one be under 15 and the other is above 60, the latter is presumed to have
survived.
d) if both were under the age of 15 years, the older is presumed to have survived.

Basis: Under the Rules of Court, the presumption on survivorship is the following:
1. If both under 15, the older one is presumed to have survived
 2. If both older than 60, the younger one is presumed to have survived
3. If both above 15 but younger than 60, males are presumed to have survived
over females. If both of the same gender then the older one is presumed to
have survived
4. If one is under 15 or one is over 60, and one is between 15 and 60, the one
between 15 and 60 years of age is presumed to have survived

X was coerced into marrying Y. X sues for annulment. During the pendency
of the case, X marries Z. When Z learns of the first marriage, Z sues X for
bigamy. X now alleges that the pendency of the annulment case is a
prejudicial question. Is X correct?

a) X is wrong because the decision in the annulment case is not important. The first
marriage will either be annulled or not. if not annulled, bigamy can prosper. if
annulled, still bigamy can prosper, for when he married the second time, he was still
married to his first wife, a voidable marriage being considered valid until annulled.
b) X is wrong because the annulment of his first marriage is not determinative of his
guilt or innocence in the bigamy case. Consequently, the pendency of the annulment
case is not prejudicial question in the bigamy case.
c) X is correct because the issue in the annulment case is determinative of his guilt
or innocence in the bigamy case. Consequently, the pendency of the annulment case
is a prejudicial question in the bigamy case.
d) X is wrong because the annulment and bigamy cases can proceed separately and
independently of each other.

X was six months pregnant when she was hit by the car driven by Y.
Investigation shows that the accident was a result of Y’s negligent driving.
X suffered injuries resulting in the abortion of her unborn child. If X sues Y
for damages arising from the death of a family member, she will most likely:

a) prevail, because the foetus is already regarded as a child from conception, though
unborn.
b) not prevail, because Y would not have known that the accident would result in the
abortion of X’s pregnancy.
c) not prevail, because birth determines personality, the accident did not result in the
death of a person.
d) prevail, because the mother believed in her heart that she lost a child.

Rationale: The fetus had an intra-uterine life of less than seven months. In order to
be considered born, the fetus must survive within 24-hours from delivery, which in
this case, it did not.
A marriage between two 21-year olds without parental advice is –
a) Valid, because the absence of parental advice is merely an irregularity affecting a
formal requisite of marriage.
b) Valid, because the absence of parental advice is merely a defect in an essential
requisite of marriage which does not affect the validity of the marriage.
c) Void, because the absence of parental advice is an indispensable requirement for
the issuance of a marriage license.
d) Voidable, because the absence of parental advice constitutes a defect in the
consent of the contracting parties to the marriage.

Basis: Art. 45 of the Family Code

A contracted two marriages: the first with B, and the second with C. When
B learned of A’s second marriage, she sued A for bigamy. A retaliated by
filing an action to declare their marriage void, which the court granted.
Meanwhile, in the bigamy case, the court convicted A despite his defense
that since the first marriage was earlier declared void, said marriage is
deemed not to have taken place at all; hence, the element of a previous
subsisting marriage for the crime of bigamy to exist is absent.

Is A guilty of bigamy?

a) No, because the gravamen of bigamy is the existence of a prior subsisting

marriage. Because A’s first marriage was earlier declared void, said marriage is
deemed not to have taken place at all.
b) No, because the civil action was decided ahead of the criminal action. The clear
implication of this is that, if the civil action is decided first, the possibility of conviction
in the criminal case for bigamy is rendered moot and academic.
c) Yes, because the law requires a prior judicial declaration of nullity of previous
marriage before a party may remarry. Since the second marriage was contracted
before the judicial declaration of nullity of the second marriage, all the elements of
the crime of bigamy are present.
d) Yes, because A should have sought the nullification of his second marriage, not
that of his first marriage.

Basis: Art. 52 and 53 of the Family Code

A and B are stepbrother and stepsister who contracted marriage while

sojourning in Japan. If under Japanese law the marriage is void, should the
marriage be recognized as valid here?

a) Yes, because there is no law here prohibiting it a marriage between a stepbrother

and a stepsister.
b) No, because a marriage which is void where celebrated is also be void here.
c) Yes, because there is no public policy violated by the marriage of A and B.
d) No, because a marriage between a stepbrother and stepsister is an incestuous
marriage as determined by Philippine law.

Arturo, a member of the armed forces, was injured in an encounter with

MILF rebels in a remote town in Maguindanao. He was airlifted to Manila
where he was confined at a hospital. At one point, he was at the point of
death. Can Arturo’s military commander validly solemnize his marriage at
the hospital with his girlfriend, Belen, without a marriage license?

a) Yes, in view of Arturo’s physical condition. To require a marriage license for

Arturo’s intended marriage would have been fruitless if Arturo dies during the 10-day
publication period.
b) Yes, because the marriage is one in articulo mortis.
c) No, because the marriage should have been solemnized within the zone of military
operation where Arturo was fatally injured.
d) No, because there is no showing that the hospital where the marriage is to be
solemnized is with a chaplain, but the chaplain is absent.

Basis: Art. 32 of the Family Code limits the authority of military commanders to
solemnize marriages within the zone of military operation. Arturo already has been
airlifted away to Manila thus his commander has no authority.

A and B are illegitimate first cousins. If they contract marriage in Japan, and
valid there as such, is the marriage valid here?

a) Yes, because the relationship of the parties is illegitimate.

b) No, because it is contrary to public policy.
c) Yes, because the general rule on lex loci celebrationis applies.
d) No, because the marriage is deemed incestuous under Philippine law.

Rationale: Art. 38 of the Family Code prohibits marriages between collateral blood
relatives up to the fourth civil degree

Is a marriage between a granduncle and a grandniece valid?

a) Yes, because the parties are not suffering from any legal impediment.
b) Yes, as long as their relationship is legitimate.
c) No, because their marriage is incestuous.
d) No, because their marriage is contrary to public policy.

Rationale: Granduncles and grandnieces are not direct ascendants and descendants,
neither are they collateral relatives within the fourth civil degree
Marissa, a Filipina, married John, an American, in Tokyo, Japan in a wedding
ceremony celebrated according to Japanese laws. The following year, John
returned to his native Nevada, and there he validly obtained an absolute
divorce from Marissa.

After Marissa received the final judgment of divorce, she married her
childhood sweetheart Pedro, a Filipino, in a religious ceremony in Cebu City,
celebrated according to the formalities of Philippine law. Pedro later left for
the United States and became a naturalized American citizen. Marissa
followed Pedro to the United States, and after a serious quarrel, Marissa
obtained a divorce decree issued by the court in the state of Maryland.

Marissa then returned to the Philippines and in a civil ceremony celebrated

in Baguio City according to the formalities of Philippine law, she married her
former law classmate Vincent, a true-blooded Ilocano.

Marissa’s marriage to John is:

a) void, because it was not celebrated in accordance with Marissa’s national law.
b) void, if there is no showing that the marriage was celebrated with a marriage
license.
c) voidable, if John failed to present a certificate of legal capacity.
d) valid, under the lex loci celebrationis.

Marissa’s marriage to Pedro is:

a) Void, because the divorce obtained by John is not recognized as valid here.
b) Valid, because the divorce obtained abroad by John is valid under the principle of
extraterritoriality.
c) Voidable, because the divorce obtained by John abroad is not binding in the
Philippines.
d) Valid, because the divorce obtained by John capacitated Marissa to remarry under
Philippine law.

Marissa’s marriage to Vincent is:

a) Void, because Marissa was still lawfully married to John at the time of her marriage
to Vincent.
b) Valid, because of the valid dissolution of her marriage to Pedro.
c) Valid, because of the valid dissolution of her marriage to John.
d) Void, because she was still lawfully married to Pedro when she married Vincent.
D owes C Php400,000. The debt is the subject of a lawsuit, and the court
awards C a judgment of Php400,000 against D. To satisfy the judgment, the
sheriff levies on D’s family home in Baguio City valued at Php500,000. D
opposes the levy on the ground that his family home is exempt from
execution. Judgment for whom?

a) Judgment for C. If judgment is rendered against the owner or owners of a family

home, and the creditor has reasonable ground to believe that the value of the family
home is in excess of Php300,00 or Php200,000, the creditor may apply for an order
directing the sale of the family home.
b) Judgment for D because the owner may claim exemption of the family home from
execution, forced sale or attachment if the increase in value of the family home
resulted from improvements introduced by him, provided the value of the family at
the time of its constitution is within the value fixed by law.
c) Judgment for D because the family home is exempt from execution, forced sale or
attachment if the judgment debt arose after the constitution of the family home as
in this case.
d) Judgment for C because the family home in the instant case is not exempt from
execution or forced sale or attachment because the judgment debt arose arose after
the constitution of the family home.

Basis: Art. 160 of the Family Code

Ambo donates propter nuptias a parcel of land to his lady friend, Lilian,
whom he intends to marry in three months’ time. Due to a serious quarrel,
the marriage is called off at the last minute. The donation propter nuptias
is:

a) revocable at the instance of Ambo if the donation is incorporated in the marriage

settlement.
b) revocable at the instance of Ambo if Lilian gave cause to the non-celebration of
the marriage.
c) revoked by operation of law if the donation is incorporated in the marriage
settlement.
d) revoked by operation of law if the donation is made independently of the marriage
settlement.

Basis: Article 81 of the Family Code

Two months after the death of her husband, Rose married her childhood
friend. Seven months later, she gave birth to a baby boy whom she named
in honor of her deceased husband. In the absence of proof as to who the
father is, what status does the law give to the child?
a) The child is presumed to be the legitimate child of the first husband because it was
born within 300 days following the death of the deceased husband.
b) The child is presumed to be the legitimate child of the first husband because it was
born within 180 days following the celebration of the subsequent marriage.
c) The child is presumed to be the legitimate child of the second husband because it
was born within 300 days following the celebration of the subsequent marriage.
d) The child is presumed to be the legitimate child of the second husband because it
was born after one hundred eighty days following the celebration of the subsequent
marriage.

Rationale: A child born 180 days after the subsequent marriage, even if it is within
300 days from the termination of the 1st marriage, is considered a legitimate child of
the subsequent marriage.

Which of the following properties is excluded from the absolute community

of property between the spouses?

a) Husband’s savings when he was still single.

b) Lotto winnings of the wife.
c) Rental income on property brought to the marriage by the husband.
d) Property inherited by the husband during the marriage from his parents.

Basis: Article 92(1) of the Family Code

Which of the following fact situations are the spouses governed by the
mandatory regime of complete separation of property?

a) Husband contracts a subsequent marriage without liquidation of the absolute

community property of the dissolved marriage.
b) Husband contracts a subsequent marriage without delivering the presumptive
legitimes of the common children of the dissolved marriage.
c) Husband contracts a subsequent marriage without a prior judicial declaration of
nullity of the prior marriage.
d) Husband contracts a subsequent marriage without complying with the recording
requirements under the Family Code.

Basis: Art. 103 of the Family Code

Abe and Lorna, both 14 years old, eloped. A daughter, Nicole, was born to
them when they were already 16 years old. When they reached the age of
19, they contracted marriage with the consent of their parents. Is Nicole
legitimated by the marriage of her parents?
a) Yes, because she was conceived at the time when age was the only disqualification
of her parents to marry each other.
b) No, because her parents were incapable of marriage at the time of her conception.
c) Yes, because age is not regarded as an impediment to marry; it is only
determinative of one’s capacity to marry.
d) Yes, if her parents acknowledged her.

Basis: Art. 177 of the Family Code

H died intestate survived by his wife, W, and their two sons, A and B. During
their marriage, the couple acquired a parcel of land whereon they built their
family home. Shortly after H’s death, W and her eldest son, A, formally
advised B of their intention to partition the property and terminate the
coownership. B refused on the ground that the property which is a duly
constituted family home cannot be partitioned while a minor beneficiary is
still living therein; namely, his minor son, C, who is the grandson of the
deceased, H. Is C a beneficiary of the family home constituted by his
grandparents?

a. Yes. The term “descendants” under the law contemplates all descendants of the
person or persons who constituted the family home.
b. Yes, if C is actually living in the family home, he continues to be a beneficiary until
he reaches the age of majority.
c. No, because C is not dependent upon his grandmother, W, for support. The liability
for C’s legal support falls primarily on his parents, especially his father, B.
d. No, unless it is shown that C is actually living in the family home with his father,
B.

Rationale: Descendants cannot be considered as beneficiaries if they are supported

by their parents and not by the ascendants who constituted the family home.

Fidel, a Filipino with fair complexion, married Gloria. Before the marriage,
Gloria confessed to Fidel that she was two-month pregnant with the child of
a black African who had left the country for good. When the child was born,
Fidel could not accept it being too black in complexion. What is the status of
the child?

a) Illegitimate, because Gloria confessed that the child is not Fidel’s.

b) Illegitimate, because by the color of its skin, the child could not possibly be
that of Fidel.
c) Legitimate, because the child was born within a valid marriage.
d) Legitimate, because Fidel agreed to treat the child as his own after Gloria
told him who the father was.
Basis: Art. 164 of the Family Code

Maria caught her husband in sexual relations with their maid. Delirious with
rage, she immediately filed suit for legal separation without having exerted
earnest efforts to come to a compromise with her husband. The judge
dismissed the suit outright on the ground that it was filed without the wife
complying with a condition precedent. Is the dismissal proper?

a) No, because efforts at a compromise will only deepen the wife’s anguish.
b) No, because an action for legal separation like validity of marriage is not
subject to compromise agreement.
c) Yes, to avoid a family feud that is hurtful to everyone.
d) Yes, because the dispute could have been settled with the parties agreeing to
legal separation.

Basis: Art. 151 of the Family Code, in relation to Art. 2035 of the Civil Code

What is the operative act that terminates the subsequent marriage referred
to in Article 41 of the Family Code?

a) Execution of an affidavit of reappearance of the absent spouse executed by the

absent spouse himself.
b) Recording of the affidavit of reappearance of the absent spouse at the instance of
the absent spouse himself.
c) Execution of an affidavit of reappearance of the absent spouse by any interested
person.
d) Recording of the affidavit of reappearance of the absent spouse by any interested
person.

Basis: Art. 42 of the Family Code

Which of the following can be assailed collaterally?

a) Voidable marriage.
b) Void marriage.
c) Legitimacy of a child.
d) Torrens title.

Pedro was convicted by final judgment of a crime. Pedro’s wife later files an
action for legal separation against him. Which of the following facts would
most likely have an impact on the legal separation case?

a) Pedro was convicted of a crime involving moral turpitude.

b) Pedro was sentenced to imprisonment for more than six years.
c) Pedro was sentenced to suffer the accessory penalty of civil interdiction.
d) Pedro is a rescidivist.

Basis: Art. 55(4) of the Family Code

What would be Pedro’s strongest defense in the case?

a) He was already pardoned by the President.

b) He had already served his sentence.
c) His wife continued to cohabit with him after his conviction.
d) He revealed his conviction to his wife.

Rationale: His wife’s continued cohabitation with him after his conviction is
tantamount to consent to the commission of the offense or act complained of

Florante coerced Laura into marrying him. Laura wanted to question the
marriage two years after the intimidation ceased, but she decided to freely
cohabit with Florante for the sake of their infant son. After more than five
years following their marriage, Laura decided to file an action to annul her
marriage to Florante on the ground of vitiated consent. Will the action
prosper?

a) Yes, because an action for annulment is imprescriptible.

b) No, because the marriage being merely voidable, Laura ratified it by freely
cohabiting with Florante after the force and intimidation had ceased.
c) No, because the action prescribed five years from the celebration of the marriage.
Laura should have filed the action within that period.
d) Yes, because the marriage was celebrated without Laura's consent freely given.
That Laura freely cohabited with Florante did not cure the defect.

Basis: Art. 45(4) of the Family Code

Romeo and Juliet are engaged to be married. After announcing their

engagement, they executed a notarized document agreeing to be bound by
the economic regime of conjugal partnership of gains to govern them during
their marriage. In the same notarized document, Romeo admitted paternity
of Juliet’s daughter. A few weeks before the wedding, Juliet died
unexpectedly. Does the notarized document have any legal significance?

a) None, because the instrument is void by the non-celebration of the marriage.

b) Yes, insofar as Romeo admitted paternity of Juliet’s daughter is concerned.
c) None, because the document contained a matter unrelated to the planned
marriage.
d) Yes, if Romeo and Juliet acquired properties while living together as husband
and wife

Rationale: Stipulations in settlements or contracts in consideration of a future

marriage that are not dependent on the celebration of the marriage remain valid.

Aragorn, Frodo and Gimli are brothers. Because of a business deal gone sour,
Aragorn and Frodo sued Gimli and Boromir, Gimli’s business partner, for sum
of money. The complaint failed to allege that Aragorn and Frodo exerted
earnest efforts to come to a compromise with the defendants and that such
efforts failed. The judge forthwith dismissed the complaint for failure to
comply with a condition precedent. Is the dismissal proper?

a) No, because the suit is not purely between members of the same family.
b) Yes, because courts are mandated under the law to promote amicable
settlement in suits involving members of the same family.
c) Yes, because members of the same family, as parties to the suit, are required
to exert earnest efforts to settle their disputes before coming to court.
d) No, the family council, which would ordinarily mediate the dispute, has been
eliminated under the Family Code

Rationale: Boromir is not a member of the family, thus Art. 151 of the Family Code
does not apply

Susan was put under pressure by her family to enter into a marriage. She
was locked in her bedroom and threatened with violence if she did not go
through with the ceremony. She was told that if she did not go through with
the marriage, she would be ostracized by the family. Susan’s marriage is:

a. Voidable, because of Susan’s vitiated consent.

b. Valid, because the threats came from Susan’s own family.
c. Void, because of the absence of Susan’s consent.
d. Voidable, if Susan’s husband colluded with her family.

Basis: Art. 45(4) of the Family Code

The court has to decide in a dispute between Abe and Tessie. The couples
have three children and cannot decide with whom the children should live
following the dissolution of their marriage. The court would most likely
award custody of the children in favor of:

a. Tessie, if she did not act in bad faith and Abe acted in bad faith.
b. Abe if he is gainfully employed, and Tessie is not.
c. Either Abe or Tessie if chosen by the children who are more than 7 years old,
unless the parent chosen is unfit.
d. The parent with whom majority of the children chose to live with.

Basis: Art. 213 of the Family Code

Abe marries Tessie. They are devout Christians who do not believe in pre-
marital sex. During the honeymoon, Abe tells Tessie that he had been seeing
a prostitute before
their marriage and that he has contacted gonorrhoea. He refuses to have
sex with Tessie until he is cured.

What is the legal standing of the marriage?

a. The marriage is void because of Abe’s failure to consummate the marriage.

b. The marriage is voidable because of Abe’s failure to disclose his pre-marital sexual
relations with a prostitute which is deemed fraudulent.
c. The marriage is voidable because of Abe’s failure to consummate the marriage.
d. The marriage is voidable because of Abe’s concealment of his venereal disease.

Basis: Art. 46(3) of the Family Code

Alice marries Max. Max is incurably impotent and so the couple do not have
sex following the marriage. Six months after the marriage, Max discovers
that Alice is six months pregnant. The couple’s marriage is:

a. Voidable, because of the nonconsummation of the marriage.

b. Void, because of Max’s incurable impotency.
c. Valid, because Alice is equally guilty of a marital offense.
d. Voidable, because Alice concealed her pregnancy with another man.

Rationale: Concealment of pregnancy by a man other than the husband constitutes

fraud, a ground for annulment. Impotency is only a ground for annulment not nullity
of marriage.

Maricel is the daughter of Dingdong, a widower. Over the objections of

Dingdong, Maricel adopted Marian, a 10-year old girl. Marian grew into a fine
woman and later became a registered nurse. When Dingdong fell ill, he was
admitted to a hospital where he met Marian. Dingdong and Marian fell in
love right away and got married after a few months. Is there a valid
marriage?

a. No, because Marian is by law the granddaughter of Dingdong.

b. No, because the marriage is contrary to public policy.
c. No, because the marriage is incestuous.
d. Yes, because Dingdong and Marian are not at all related to each other.
Rationale: The marriage does not fall under the incestuous marriages under Art. 38
of the Family Code.

Marissa gave birth to Ryzza Mae out of wedlock. Sam, the father of the
lovechild, did not recognize the child. Things changed when Ryzza Mae
became a child star. Sam immediately executed an affidavit recognizing
Ryzza Mae as his daughter, and filed the affidavit with the Local Civil
Registrar with a request that Ryzza Mae’s birth certificate be corrected such
that Sam’s name as the father be indicated therein, and that Ryzza Mae’s
surname be changed to that of Sam’s. When Marissa learned of Sam’s move,
she wrote the Local Civil Registrar objecting to the correction of entries in
her daughter’s birth certificate. Sam countered by filing an action in court to
establish his paternity of Ryzza Mae.

a. The action will not prosper because the Family Code does not authorize a suit for
paternity. What the Family Code allows is a suit for filiation.
b. The action will prosper because the Family Code does not require the consent of
the mother for recognition of a child to be effective.
c. The action will not prosper because the Family Code expressly requires the consent
of the child for recognition to be effective. During the minority of the child, the mother
acts on behalf of the child.
d. The action will prosper because the Family Code does not prohibit a putative father
from establishing his paternity of an illegitimate child or from the filing of such action
to establish his paternity when his claim is contested.

Rationale: Di ko sure

The Local Civil Registrar of Pasay City issued a marriage license to Abe and
Tessie, both residents of Quezon City. The following day, Abe and Tessie
went to the Office of the Mayor of Tayug, Pangasinan, to get married. The
mayor was not at his office when Abe and Tessie and their witnesses arrived,
but the mayor’s secretary asked Abe and Tessie and their witnesses to fill
up and sign the marriage contract forms.

Thereafter, the secretary got the marriage contract and told them to wait.
The secretary went out of the office to look for the mayor and found him in
another building holding a meeting. The mayor signed all copies of the
marriage contract and gave them back to the secretary. The secretary then
gave Abe and Tessie their copy of the marriage contract and told them they
are already married. The marriage is:

a. Void, because Abe and Tessie are not residents of Pasay City where the marriage
license was issued.
b. Void, because Abe and Tessie are not residents of Tayug, Pangasinan, where the
marriage took place.
c. Void, because there was no marriage ceremony.
d. Voidable, because there was a mere irregularity in the marriage ceremony.

Rationale: Absence of the ceremony where the parties freely give their consent in
front of the solemnizing officer renders the marriage void.

Abe is a senior law student who had sexual relations with Tessie, a secretary
at his real estate firm. To forestall the filing of an administrative complaint
against him, Abe reluctantly married Tessie. And to assure that his marriage
is void, Abe submitted to the solemnizing officer a fake marriage license.
Abe soon abandoned Tessie after passing the Bar and married Susan, his
childhood sweetheart. When Susan learned of Abe’s prior marriage, she
immediately instituted an action to declare the nullity of their marriage
under Article 40 of the Family Code requiring a prior declaration of nullity of
a prior marriage. What property regime governs the relations of Abe
and Tessie and of Abe and Susan?

a. Article 147 on co-ownership for Abe and Tessie, while Article148 on co-ownership
for Abe and Susan.
b. Article 147 on co-ownership for Abe and Tessie, while absolute community of
property for Abe and Susan.
c. Absolute community of property for Abe and Tessie, while Article 148 for Abe and
Susan.
d. Article 147 on co-ownership for both marriages.

Rationale: Abe and Tessie’s marriage is void thus governed by Art. 147; Abe and
Susan’s marriage is bigamous thus governed by Art. 148

A and B are “first cousins.” They get married without knowing that they are
“first cousins” because B was given up for adoption when she was an infant.
What economic regime governs the property relations of A and B?

a. Article 147 of the Family Code on co-ownership.

b. Article 148 of the Family Code on co-ownership.
c. Absolute Community of Property.
d. Complete Separation of Property.

Rationale: The marriage between A and B is void thus governed by Article 147 of the
Family Code

For five years since 1999,

Tony, a bank Vice-President, and Susan, an entertainer, lived together as
husband and wife without the benefit of marriage although they were
capable to marry each other. Since Tony’s salary was more than enough for
their needs, Susan stopped working and merely “kept house.” During that
period, Tony was able to buy a house and lot in a subdivision. Five years
later, Tony and Susan decided to separate. Susan now seeks to partition the
property.

Which of the following statements describes the ownership of the property?

a. Tony is the sole owner because Susan did not contribute anything to the acquisition
of the property; hence, she has no share in the property.
b. Tony and Susan are co-owners on the basis of their actual joint contribution.
c. Tony and Susan are co-owners in equal shares after deducting and delivering to
Tony the purchase price of the property.
d. Tony and Susan are co-owners in equal shares even if Susan merely “kept house”
which is by law considered as sufficient contribution.

Basis: Art. 145 of the Family Code

Which of the following marriages is void from the beginning?

a. The consent of either party was obtained by force, intimidation or undue influence.
b. The consent of either party was obtained by fraud.
c. Mistake of one party as to the identity of the other.
d. Concealment by the wife of the fact that she was pregnant by a man not her
husband.

Basis: Art. 35(5) of the Family Code

Rene and Angelina are a married couple. During their marriage, they
acquired a parcel of land in Quezon City. When Angelina was away in
Hongkong as a “house manager,” Rene sold the lot to Benito. The sale of the
lot is:

a. voidable, and it may be annulled at the instance of Angelina.

b. void, because the sale was effected without the consent of Angelina.
c. valid, if the husband was the designated administrator spouse.
d. void, if the sale did not redound to the benefit of the family.

Basis: Art. 96, 124 of the Family Code

Abe, a married man, cohabited with Tessie, an unmarried woman. Their
relation bore them Cocoy. Subsequently, after Abe became a widower, he
married Tessie. Was Cocoy legitimated by the marriage of his parents?

a. Yes, because his parents are now lawfully married.

b. Yes, because his parents were not suffering from any impediment at the time of
his birth.
c. No, because Cocoy was born illegitimate, and an illegitimate always remains
illegitimate.
d. No, because his parents were not qualified to marry each other when he was
conceived.

Rationale: Legitimation requires the absence of impediments to marry between the

parents, other than age, at the time of conception.

Abe and Tessie, both 20 years old, applied for a marriage license and made
it appear that they were over 25. They married without the knowledge of
their parents before
an unsuspecting judge. After the couple have been in cohabitation for six
years, Tessie’s parents instituted an action to annul the marriage on the
ground of lack of parental consent.

Will the case prosper?

a. No, because only the couple themselves can question the validity of their marriage
when they became 21 years of age. However, they can no longer do so because their
cohabitation validated their marriage.
b. Yes, because the marriage is voidable, the couple being 21 years of age at the
time of their marriage.
c. Yes, because Tessie’s parents did not give their consent to the marriage.
d. No, because Tessie’s parents did not make any allegation that earnest efforts have
been made to come to a compromise and that the efforts failed.

Rationale: Petitions filed by the parents or guardian must be filed before the parties
reach the age of 21.

A widow married 50 days after the death of her first husband. A child was
born to her 190 days after the celebration of the second marriage. What is
the status of the child?

a) The child is disputably presumed to be the legitimate child of the first husband
because it was born within 300 days after the death of the first husband.
b) The child is disputably presumed to be the legitimate child of the second husband
even if it was born within 300 days after the death of the first husband. Under the
premises, the child was born not before but after 180 days following the celebration
of the second marriage.
c) The child is disputably presumed to be the legitimate child of the first husband
because it was conceived within 180 days following the death of the first husband.
d) Whoever alleges that the child is the child of the first or second husband has the
burden of proof. In the absence of proof, the child is presumed to be the child of the
first husband.

Basis: Art. 168(2) of the Family Code

Ferdinand, a married person, executed a will declaring that he had a son

with a certain woman. If Ferdinand dies, is the child entitled to inherit from
him as an illegitimate child?

a) Yes, if the will is admitted probate.

b) Yes, because the will is to be considered as an admission of illegitimate filiation in
a public document if the will is a notarial will; it is to be considered as an admission
in a private handwritten document if it is a holographic will
c) No. A will is not one of the modes recognized by law to prove legitimate or
illegitimate filiation.
d) No, because an illegitimate child may prove his filiation only during the lifetime of
his putative father.

Rationale: If proof of filiation is shown through an admission in a public document

or private handwritten instrument signed by the parent concerned, such action to
prove filiation must be brought about during the lifetime of the alleged parent.

H and W, a married couple, have two children, A and B. By a previous

marriage, H has a legitimate child, C. Also by a previous marriage, W has a
child, D. Without the consent of his wife, H gave each of the four children for
their education a donation. Which of the following statements characterizes
the legal standing of the donations?

a) The donations given to A and B are valid because they were made to the common
children of the spouses in furtherance of the career of both children. Therefore, the
expenses are to be borne by the absolute community despite the fact that the wife’s
consent had not been obtained.
b) The donation given to C is valid, but the absolute community is not liable. Only
the husband is liable. It is true that it was given for the purpose of finishing a career,
but here the consent of the wife was not obtained. C is not a common child of H and
W, but of H only.
c) The donation given to D is void. This is so because the donation would be an
indirect donation of H to W, the latter being a presumptive heir of her son, D.
d) The above statements are all correct.

Basis: Art. 94 (1) of the Family Code provides that the ACP shall be liable for the
support of the spouses, their common children and legitimate children of either
spouse

Samson and Delilah, a childless couple, had been married for many years.
Delilah attributes her failure to conceive a child to the fact that Samson’s
family has a history of fertility problem. Anxious to have a child, Delilah
secretly had herself artificially inseminated with the sperm of an unknown
donor. When Samson discovered his wife’s pregnancy through this
procedure, he immediately instituted an action for legal separation.

In this suit, Samson will:

a) Not prevail, because Delilah is not guilty of sexual infidelity nor of any other ground
for legal separation.
b) Prevail, because Delilah is guilty of sexual infidelity. That Delilah procured artificial
insemination with the sperm of an unknown donor without her husband’s consents
amounts to adultery.
c) Not prevail, because he is not an aggrieved spouse.
d) Prevail, on the ground that Delilah concealed the fact of her pregnancy with a man
other than her husband.

Rationale: Feeling ko lang HAHAHAHA

Suppose Delilah gives birth to a child, can Samson impugn the child’s
legitimacy?

a) Yes, because he did not give consent to his wife’s insemination.

b) Yes, because his wife used the sperm of a donor.
c) No, because he is himself impotent.
d) No, because the child’s legitimate status is already fixed by law.

Which of the following marriages would a family court most likely annul or
declare void?

a) Anthony, a resident of Baguio City, and Cleopatra, a resident of Dagupan City,

both of marriageable age, not suffering from any impediment to marry each other,
were issued a marriage license by the local civil registrar of Kalibo, Aklan when they
were on vacation in nearby Boracay. A week later, they used the marriage license
when they were married in civil rites in Davao City performed by Judge Boreta, a
Regional Trial Court Judge of Baguio City who was vacationing in Davao City.
b) Mario, a widower, married Flor, a widow. At the time of their marriage, Mario had
a 10-year old son, Ferdinand, while Flor had a 9-year old daughter, Imelda. Although
they grew up in the same house, Ferdinand and Imelda fell in love with each other.
They kept their relationship a secret even from their parents. When Ferdinand was
28 years old and Imelda was 26 years old, the two decided to get married against
the wishes of their parents.
c) When he was single, Rudy adopted his orphaned nephew, Rene. Several years
later, Rudy married Lorna, a widow who has an adopted daughter, Alma. Although
they grew up in the same house, Rene and Imelda fell in love with each other. They
kept their relationship a secret even from their adoptive parents. When Ferdinand
was 28 years old and Imelda was 26 years old, the two decided to get married against
the wishes of their adoptive parents.
d) Pocahontas was three months pregnant when she married John. She gave birth to
a child six months after their wedding. When John confronted Pocahontas who the
child’s father was, Pocahontas readily admitted that her former boyfriend made her
pregnant when John was away on vacation. She also admitted that she did not reveal
her pregnancy to John for fear that John would leave her.

Rationale:

A is valid however those responsible for the irregularities would be subject to

sanctions.
B is valid marriage between step-siblings not being one of those void against public
policy
C is valid because mali ata ung facts na nakalagay HAHAHA
D is voidable because concealment of pregnancy by a man other than her husband
is a ground for annulment

Mark and Molly are married and have a son, Sam, who is 21, and a daughter,
Sally, who is 16. Molly’s brother, Harry, and his wife, Heidi, have a son
Chuck, who is 23, and an adopted daughter, Carol, who is 18. Molly and Harry
also have a younger sister named Ann, who is 26. Which of the following
statements is correct?

a. Chuck can marry Sally once she reaches the age of 18.
b. There is no legal impediment for Sam to marry Carol.
c. Mark and Heidi are allowed to marry each other upon the death of their spouses.
d. Carol is a potential intestate heir of Chuck

Rationale: Di ko sure kung alin sa dalawa parang ok naman both?

Gustaffson, a citizen of Denmark, executes a last will and testament while

sojourning in Bali, Indonesia. Gustaffson’s will contains the following
instruction to his designated executor: “I desire that my will shall no longer
be submitted to probate and that my estate distributed to my heirs without
delay.” Assuming that Danish and Indonesian laws do not require the
probate of wills, and assuming also that Gustaffson’s properties are all
situated in the Philippines, is there a need for Gustaffson’s will to be
probated here?

a. Following lex nationalii, or Danish law, the will is already exempt from probate.
b. Following lex loci celebrationis, or Indonesian law, the will is already exempt from
probate.
c. Yes, following the Civil Code provision which mandates that no property shall pass
unless the will is probated.
d. Yes, because of the principle of generality.

Julie is 17 and marries her boyfriend Kevin who is 20. Julie’s mother does
not know about the wedding and instead a bystander pretends to be Julie’s
mother and gives consent to the marriage. The marriage is:

a. Void, because of the absence of a formal requisite of marriage.

b. Void, because of the absence of an essential requisite of marriage.
c. Voidable, because of the absence of consent of Julie’s mother.
d. Valid, because the absence of consent of Julie’s mother is a mere irregularity in a
formal requisite of marriage.

Rationale: Julie is under-age and therefore not capacitated to marry

Rudy and Lorna have been married for eight years. When they have been
married just over a year, Rudy had a brief affair with a neighbor. Lorna has
never got over the affair and has now decided that she will never be able to
trust Rudy again. Unable to bear the pain any longer, Lorna launches an
action for legal separation. In this suit Lorna would most likely:

a. Prevail, because sexual infidelity is a valid ground for legal separation.

b. Prevail, because Lorna no longer trusts her husband.
c. Fail, because the action had already prescribed.
d. Fail, because Lorna condoned the affair by cohabitation.