Sample exam persons Enumeration 1. What matters are not subject to compromise 2.

Give three distinctions between impugning legitimation and impugning legitimacy. 3. When may the court transfer administration of exclusive property of one spouse? 4. Give important distinctions between RA8552 and RA8043. 5. When may a donation propter nuptias be revoked by the donor? Multiple choice 1. The parties were not issued a marriage license because of their failure to attend the required family planning seminar. Absent the license the marriage is void and though the judge may have been in good faith, he was fined equivalent to three months salary for deliberately dispensing with legal requirements. a. martinez vs. tan b. Navarro v. domagtoy c. seguisbal v. Cabrera 2. The fact they had been living apart from their respective spouses for years did not dissolve those marriage bonds. Although the law exempts individuals who have freely an voluntarily cohabited for at least five years from securing a marriage license, they must be legally capacitated to marry each other. a. borja-manzano v. sanchez b. atienza v. brillantes c. madriejo v. de leon 3. For purposes, such as but not limited to determination of heirship, legitimacy or illegitimacy of a child, settlement of estate, dissolution of property regime, or a criminal case for that matter, the court may pass upon the validity of marriage even in a suit not directly instituted to question the same so long as it is essential to the determination of the case. a. ninal v. badayog b. selanova v.mendoza c. domingo v. CA 4. When liability for a vehicular accident is incurred prior to 1988 and judgement is rendered and executed on property to satisfy it, such property can be considered a family home only upon effectivity of the Family Code and not from the time the family resided in it. a. siari valley estates v. lucasan b. juaniza v. jose c. modequillo v. breva 5. A divorce obtained abroad by an alien from their Filipino spouses may be recognized in the Philippines provided that it is valid according to the alien spouses national law. The husband is estopped by his own representation that there is no community property. a. van dorn v. romillo b. Garcia v. recio c. lim v. garcia

6. Misunderstandings with a third party (e.g. in laws) is not seen by law as a just cause to leave the conjugal home. The wife cannot be compelled to live with her husband but support can be denied to the spouse who left. a. Garcia v. santiago b. del rosario v. del rosario c. atilano v. chua beng 7. Article 160 of the New Civil Code provides that all property of the marriage is presumed to belong to the conjugal partnership, unless it be proved that it pertains exclusively to the husband or the wife. The presumption applies even when the manner in which the property was acquired does not appear. a. castro v. miat b. jocson v. CA c. Calimlim-canullas v. fortun 8. The husband may dispose of conjugal property without the wifes consent if it is for a conjugal liability which could endanger the familys social standing. The husband sold the property for the benefit of the family and thus bound the CPG. a. relucio v. lopez b. tinitigan v. tinitigan c. felipe v. heirs of maximo 9. Physical separation coupled with the husbands refusal to support the wife constitutes abandonment. The spouses have been separated for more than one year and reconciliation is highly improbable. Judicial separation of property is justified. a. partosa-jo v. CA b. lacson v. san jose c. dela cruz v. dela cruz 10. Legally adopted children have the right to inherit from the adoptive parents. However, the adopted children may not represent their adoptive parent. Adoption creates a relationship only between the adoptive parents and the adopted. I t does not extend to blood relatives of either party. a. lazatin v. campos b. republic v. toledano c. sayson v. ca Essay On Nov 25, 2002, as Miriam Saraolo, a 68 year old widow, was leaving her home, she was approached by a woman with an infant. She introduced herself as Rosa Reyes and explained how tired she was from walking. She asked for a glass of water. Miriam ushered Rosa into the house and asked her to sit in the terrace while she went to the kitchen. When she returned, Rosa was no longer there but the baby was left sleeping peacefully on the bench. Pinned on the babys shirt was a note saying that she was leaving her son, Jose, to Miriam but that if her parents agree to take her and her child in, she will return for her baby. Miriam brought Jose to a pediatrician since the small bottle of milk left by Rosa was almost all gone. Due to Joses diarrhea, he was dehydrated. He was immediately confined by Miriam until his condition stabilized. Hosptial bills amounted to P40, 000, which Miriam paid willingly. Miriam later files a police report that a baby was left at her doorstep by an unknown woman. The police issued her a police clearance

that listed her as finder of the abandoned baby. No other documents were secured by Miriam. After 5 mos of caring fro Jospeh and nursing him back to health, Miriam had grown fond of him and entertained thoughts of adopting the child. A relative opined that the DSWD would not approve the adoption by a widow of advance age. Worried that legal adoption might not be possible she requests her 36 year old daughter, Daisy, and her husband, Joshua, who were still pining for a son to carry the family name, to register Joseph as their own. She promises to help care for Jospeh and Rachel, Daisy and Joshuas first born, citing the convenient 30 minute distance between their residences. The couple is persuaded and soon after, they secure a birth certificate in the name of Joseph Saraolo Vera with Joshua and Daisy Vera a sparents. They are convinced that with this document no one can question Josephs background and status. They live as a happy family until Daisy becomes pregnant and gives birth to a son, Ramon. From then on, Daisy and Joshuas attention is focused on Ramon. Jospeh joins his Lola Miriam home on weekdays and returns to the Veras only on weekends. Yet, Jospeh is referred to as kuya which is the same sign that hangs from his bedroom. Disappointed that her beloved Joseph has now been relegated to what Miriam considers a distant third she verbalizes this to the couple. Daisy cries and reproves Miriam for loving Joseph more than her own flesh and blood. Things turn really ugly and Miriam stakes her claim on Joseph. She packs his belongings so that he could live permanently with her instead. Miriam seeks advice about getting custody of Joseph as his grandmother or conversely, as his de facto guardian, she being person to whom the biological mother, Rosa, entrusted her child. She also inquires about impugning the legitimacy of Jospeh, since Dr. Carmina Tan, her godchild and Daisys OB will be willing to testify that Daisy has given birth only twice. She says in no uncertain terms that she has no qualms filing any civil or criminal case against Daisy and Joshua to achieve her objective. 1. Cite all issues and resolve 2. Daisy and Joshua filed a petition for issuance of writ of habeas corpus. What defense can you raise? 3. The case reaches the media as an unusual human interest story. Rosa views the TV drama recognizes Miriam. Though far from being wealthy, Rosa and her sister have put up an eatery along P. Tuazon in Cubao, which has been enjoying brisk business and earning them a modest but steady income. She decided to get Jose (a.k.a. Joseph) back and intervenes in the case between Daisy and Miriam. What arguments do you anticipate Rosa to raise? Would you advice your client, Miriam, to drop her case and tell her daughter, Daisy to do same or would you fight both Daisy and Rosa, all the way?

II In an article assigned in class, Marthe Field poses the question; Do new reproductive techniques threaten the family? do they? Explain using legal, policy and ethical arguments to support your answer. III Discuss one major change introduced by each of the following Republic Acts; a. 9262 b. 9255 c. 7192