TAKE HOME EXAM IN PERSONS & FAMILY LAW

1ST SEMESTER, SY 2022-2023

Directions: Answer the following questions in brief but concise sentences. A mere “Yes”
or “No” answer without any explanation shall not receive any points. Each
question is worth 3 points.

Write your answer in a Word document and send the same as an email
attachment to your law professor’s email address. You have until 8 pm of
January 8, 2023 to submit your answers. Answers submitted beyond the
deadline shall not be considered.

1. What is the status of a child born out of artificial insemination?

2. A was born on January 1, 2000 as an illegitimate child of B. If he wants to ask for

recognition, within what time should he file the action?

3. A and B are married with son C who is a 19 years old and living in their company. A
asked C to drive the family car on their way to their province in Eastern Samar. The
car met an accident resulting in the death of D, a pedestrian. Who may be liable for
damages?

4. A and B lived together as husband and wife, resulting in the birth of C. A recognized
his son, C in the record of the birth. What is the surname of C?

5. A and B both Filipinos are married. A was convicted of the crime murder. They sought
your advice whether they can adopt C, a relative by consanguinity of B. What is your
advice?

6. A and B have 10 children but wallowing in poverty. C, a relative of A wants to adopt

two (2) of their children so that the economic situation of the children will be assured.
If you were the judge, how would you decide the petition?

7. A has been using the name Pedro since birth although his record of birth shows that
his name is Juan. He is now 25 years old and about to take the Bar Exams. How can he
use the name Juan when he will take the Bar exams?

8. A, a 17-year old girl had a relationship with B, 25 years old. A child C was born when
A was only 17. When A reached 21 years, they got married. Can the child be
legitimated?
9. A and B are married. They have daughter C who was a five –year old child. C went to
Hongkong to work for two (2) years and left the child to the custody of X and Y who
are not related to them. When A and B learned about the departure of their daughter ,
they demanded of the surrender of the custody to their granddaughter , D to them. But
X and Y refused, hence, A and B sued X and Y for habeas corpus. When the Order was
served upon them, they produced the body of the child. The court dismissed the
petition immediately. Is the dismissal correct?

10.A and B are married. They have child C, who is in grade 3 at the Lalawigan Central
Elementary School, Borongan City, Eastern Samar. While inside the classroom, C
stabbed D with his pencil resulting injuries. Is the teacher liable?

11. X and Y are married. They have daughter who is 5 years old. They are living
separately in fact. Y left the custody of her child to Z, her sister and went to live with
S, a married man. S and Y wanted to get back the custody of Z. Will the action
prosper?

12. A and B, without the benefit of marriage lived together as husband and wife they
begot C. A, the father adopted C to elevate him to the status of legitimacy. What is the
middle name of the child?

13.Which can be proofs of filiation?

14. A, a man & B, a woman, lived together as husband and wife without the benefit of
marriage, resulting in the birth of C. A signed the record of birth of C. who has a better
right of custody over C?

15. A & B are married. They have children, C & D. after A died, B gave birth to E. the
children suspected that E is not the child of their father. Who can impugn the
legitimacy of E?

16. A & B are married. They have daughter C who is only 5 years of age. B, without the
consent of A went to the USA and worked as a nurse and left her daughter with her
parents as A is a soldier who is always out of the conjugal dwelling. Can A recover the
custody of his child?

17. A & B lived together as husband and wife without the benefit of marriage. For few
months before his death, A was writing his autobiography and stated that he loved B so
much and because of that, they decided to live together as husband and wife, but
planned to marry. at the time he is writing his autobiography, B was pregnant and he
stated in his autobiography that he was the father of the child inside the womb of B. he
died without finishing it and failed to sign the same. two (2) months thereafter, the
 child C was born, hence, B sought to register the child under the name of A but the
Civil Local Registrar refused, hence, she filed a suit for mandamus to compel the
registrar to register the child under A’s name. She testified as narrated above; D the
father of A testified that during the lifetime of A he lived with B and she was pregnant
at that time. E the brother of A likewise testified along the same line. Is the action of B
correct?

18. A & B are married. They have 10-year old son, C. X & Y, who are childless filed a
petition for adoption on June 16, 2010, seeking to adopt C. it was submitted for
resolution on December 15, 2010. On December 31, 2010 C was playing with the
neighbor D who was likewise a minor, using the air gun of C’s father. He pointed the
gun to D squeezed the trigger and killed D. the petition was granted on January 10,
2011. Who are liable?

19. X and Y are married. They have daughter Z, they are living in a house of Y’s parents,
but left the house because of differences with his parents-in-law and his wife due to her
refusal to leave the house. He was prevented from visiting his child and the latter was
prevented from seeing her father? What is the remedy of X?

20. A & B are married. They have a 10-year old son C. X & Y, who are childless, filed a
petition for adoption on June 16, 2010, seeking to adopt C. It was submitted for
resolution on December 5, 2010. On December 31, 2010 C was playing with a
neighbor D who is likewise a minor, using the airgun of C’s father. He pointed the gun
to D, squeezed the trigger and killed D. The petition for adoption was granted on
January 10, 2011. Who are liable?

-oOo-