1.

What is the requirement for Illegitimate Children to carry their father’s surname under the
Revilla Law?

Illegitimate children may use the surname of their father if their filiation has been expressly
recognized by the father through the record of birth appearing in the civil register, or when an
admission in a public document or private handwritten instrument is made by the father.
Provided, the father has the right to institute an action before the regular courts to prove non-
filiation during his lifetime.

2. Who are the citizens of the Philippines?

1) Those who are citizens of the Philippines at the time of the adoption of this
Constitution;
2) Those whose fathers or mothers are citizens of the Philippines;
3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority; and
4) Those who are naturalized in accordance with law

3. What are some of the limitations on the capacity to act?

Minority, Insanity, Imbecility, Deaf-Mute, Penalty of civil interdiction, Prodigality, Family

Relations, Alienage, Absence, Insolvency, Trusteeship

4. What is the difference in conflict of law applications between Penal Laws and Family Laws?

Art. 14. Penal laws and those of public security and safety shall be obligatory upon all who live or
sojourn in the Philippine territory.

Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of
persons are binding upon citizens of the Philippines, even though living abroad.

5. What are the bases to stop a wife from testifying against husband? How are they different
from each other?

Special Rules on Evidence: Marital Disqualification – Spouse cannot testify for or against the other
spouse without the consent of the affected spouse, unless it is a civil case by one against the other
or a criminal case for crime committed against the other, ascendants or descendants; can only be
invoked by the spouse; right ceases upon dissolution of marriage.

Evidence Rule on Privileged Communication – Husband or wife, during or after marriage, cannot be
examined without the consent of the other regarding any communication received in confidence
by one to the other during the marriage; exceptions: (1) civil case by one against the other; (2)
crimes committed against the other or direct ascendants or descendants; (3) communications that
come into hand of third party, without collusion.

6. Why is marriage a special contract?

 Marriage is a special contract since it establishes civil status, its consequences are determined by
law with penal and civil sanctions; it is also the permanent union of man and woman in the
establishment of conjugal and family life.

7. Differentiate the elements of the crimes of Adultery, Bigamy, Concubinage.

Bigamy - any person who shall contract a second or subsequent marriage before the former
marriage has been legally dissolved, or before the absent spouse has been declared
presumptively dead (RPC Art 349)

Adultery - Any married woman who shall have sexual intercourse with a man not her husband
and by the man who has carnal knowledge of her knowing her to be married, even if the
marriage be subsequently declared void. (RPC Art 333)

Concubinage - Any husband who shall keep a mistress in the conjugal dwelling, or shall have
sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall
cohabit with her in any other place (RPC Art 334)

8. What are the requisites of a valid marriage?

Essential Requisites: Legal Capacity, Consent

Formal Requisites: Authority of Solemnizing Officer, Marriage License, Marriage Ceremony

9. Who are prohibited from marrying because of public policy consideration?

(1) Between collateral blood relatives whether legit or illegit, up to the 4th civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter
(9) Between parties where one, with the intention to marry the other, killed that other person's
spouse, or his or her own spouse.

10. Who are the authorized solemnizing officers for a marriage to be valid?

Members of the Judiciary – incumbent not retired; within his court’s jurisdiction;
SC/CA/Sandiganbayan/CTA Justices (Nationwide Jurisdiction)

Mayors – within his city or municipality; in absence, the vice mayor, or Senior Board Member (if
both absent)

Priests and Ministers – any church or religious sect; registered with the civil registrar general; at
least one of the contracting parties belongs to the religion
11. What are the exceptions to the requirement for a marriage license?

(1) Marriages in Articulo Mortis (Arts. 27, 31, 32)

(2) Residence is located such that either party has no means of transportation to enable such party
to appear before the Civil Registrar (Art. 28)
(3) Marriages among Muslims or among members of ethnic cultural communities as long as they
are solemnized in accordance with their customs (Art. 33)
(4) Live-in couples: couples living together as husband and wife for at least 5 years and they must
not have any legal impediment to marry each other (Art. 34)

12. What is the rule on Foreign Divorce and what are the exceptions?

Foreign divorces obtained by Filipino citizens will be considered void and are not recognized.
Exceptions: (Republic vs. Orbecido) and (Art. 26b) – Requisites:
(1) The marriage is between a Filipino and a foreigner
(2) Divorce is granted abroad
(3) Divorce obtained by the alien spouse
(4) Divorce capacitates the alien spouse to remarry

13. What are the main differences between the ACP and CPG property regimes?
14. What are the properties excluded from Absolute Community of Properties?
15. What are the properties excluded from the Conjugal Partnership of Gains?
16. What is the rule on Personal debts/ Fines and Indemnities when the marriage is governed by
CPG?
17. What are the grounds to file a Separation of Property?
18. Differentiate Art 147 and Art 148 as to coverage and as to the way it divides property upon
termination
19. What are the acceptable proofs of filiations for legitimate child? How does it differ from the
requirements for illegitimate child?
20. What is the order of who should give support? How does it differ from the preference for
recipient of support?
21. When would good faith or bad faith be material to a void marriage?
22. What are the requisites of Psychological Incapacity?
23. What are the instances of Fraud that will make it ground for annulling a marriage?
24. What are the effects of annulling a voidable marriage? How does it differ from the effects of a
declaration of nullity of marriage?
25. What are the grounds for Legal Separation?
26. What are the 4 classes of heirs? Who are the members of each class?
27. What are the two kinds of wills? And what are the requirements for each?
28. Who are incapacitated to succeed?
29. What are the causes of disqualification of children from inheriting?
30. What is collation and what are excluded from collation?