MIDTERM PFR (1).doc

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PERSONS & FAMILY RELATIONS

Midterm Examination

August 13, 2012

(Prof. Vincent Deo F. Albeos)

Destiny belongs to those who believe in the

beauty of their dreams

I.

Instruction: Write only the letter corresponding to your choice. Each item is equivalent to 1

point only.

1. An irregularity in the formal requisite of marriage shall:

a. Render the marriage voidb. Render the marriage voidablec. Not affect the validity of the marriage

d. Give rise to its correction

2. Which of the following requisites is not a formal requisite of marriage?

a. Legal capacity of the contracting parties

b. A valid marriage licensec. A marriage ceremony

d. Authority of the solemnizing officer

3. Marriage may be solemnized by any of the following solemnizing officers, except by:

a. A Provincial Governor, within the provinceb. Any priest, rabbi, imam, or minister of any church or religious sect

c. Any consul or vice-consul in the case provided in Article 10

d. Any incumbent member of the judiciary within the courts jurisdiction

4. The following circumstances may not constitute fraud for the annulment of marriage,

except:

a. Non-disclosure of a previous conviction by final judgment of a crime of the other party

b. Concealment by the wife of the fact that at the time of the marriage, she was pregnant

c. Concealment of sexually transmissible disease existing at the time of the marriaged. Concealment of alcoholism existing at the time of the marriage

5. X and Y, father and son, respectively, both perished in the same plane crash incident. X wasthen 70 years old. In the absence of proof as to who died first:


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a. X will inherit from Y

b. Y will inherit from X

c. Both will inherit from each otherd. No one will inherit from the other

6. Janice successfully obtained in court a judicial decree of presumptive death of her husband.Which of the following is true?

a. Janice can marry at any time after the said decree is rendered by the court because ajudicial decree of presumptive death is immediately final and executory.

b. Janice must wait for 6 months from the publication of the said decree because it is only

by then that the said decree may be considered final and executory.c. Janice must, first, record the said decree in the local civil registry before she can remarry.d. Janice cannot remarry despite the said decree of presumptive death as her first marriage

is still, in the eyes of the law, subsisting.

7. Dabon, a handsome bachelor, had impregnated Ms. Clavina, the adopted daughter ofCommander Plaza a notorious NPA leader in the town. The NPA group stormed the house

of Dabon and threatened him through this warning: If you will not marry the daughter ofKa-Plaza within 36 hours, we will tear you into pieces! Because of the threat, Dabon

married the daughter of Commander Plaza. Given these facts and granting that all other

requisites of marriage are present, the aforesaid marriage is?

a. Void

b. Voidable

c. Validd. Without basis

8. According to jurisprudence, the following are mandatorily the main elements/factors to beconsidered in dealing with issues regarding psychological incapacity under Article 36 of the

Family Code, except:

a. Juridical antecedence

b. Gravity

c. Medical history

d. Incurability

9. Which of the following is true?

a. The reappearance of the missing spouse shall automatically dissolve the subsequent

marriage of the present spouse with another person under the decree of presumptive

death.b. The missing spouse who reappears and who opted not to execute and record an affidavit

of his reappearance in the local civil registrar may validly remarry with another person.

c. Well-founded belief in good faith on the part of the present spouse that the absent spouse

is already dead is an indispensable requirement before a decree of presumptive deathmay be issued.

d. A decree of presumptive death shall become effective only after 6 months after its

publication in the newspaper of general circulation.

10. Primarily, who decides as regards family domicile?

a. The husband

b. The court

c. The wifed. The spouses


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[For II to X, write legibly and kindly minimize erasures. Your answer will not be graded

according to its length, but by its substance!]

II.

Jaime, who is 65, and his son, Willy, who is 25, died in a plane crash. There is no proof as towho died first. Jaime's only surviving heir is his wife, Julia, who is also Willy's mother. Willy's

surviving heirs are his mother, Julia and his wife, Wilma.

(a) In the settlement of Jaime's estate, can Wilma successfully claim that her late husband,Willy had a hereditary share since he was much younger than his father and, therefore,should be presumed to have survived longer? (5 points)

(b) Suppose Jaime had a life insurance policy with his wife, Julia, and his son, Willy, asthe beneficiaries. Can Wilma successfully claim that one-half of the proceeds shouldbelong to Willy's estate? (5 points)

III.

In 1989, Tess, a Filipino citizen, married her boss, Don, an American citizen, in Thailand in awedding ceremony celebrated according to Thai laws. One year later, Don returned to his nativeland, Nevada, and he validly obtained in that state an absolute divorce from his wife, Tess.

After Tess received the final judgment of divorce, she married her childhood sweetheart Pedro,also a Filipino citizen, in a religious ceremony in Mandaue City, celebrated according to theformalities of Philippine law. Pedro later left for the US and there became naturalized as an

American citizen. Tess followed Pedro to the US and after a serious quarrel, Tess filed a suit andobtained a divorce decree issued by the court in the state of Nevada.

Tess then returned to the Philippines and in a civil ceremony celebrated in Cebu City accordingto the formalities of Philippine law, she married her former classmate, Jorge, likewise a Filipinocitizen.

(a) Was the marriage of Tess and Don valid when celebrated? Is their marriage still validlyexisting? Reasons. (2.5 points)

(b) Was the marriage of Tess and Pedro valid when celebrated? Is their marriage still validlyexisting now? Reasons. (2.5 points)

(c) Was the marriage of Tess and Jorge valid when celebrated? Is their marriage still validlyexisting now? Reasons. (2.5 points)

(d) At this point in time, who is the lawful husband of Tess? Reasons. (2.5 points)

IV.

In 1990, Mike, who was then a 16 year old Filipino citizen, went to Canada. There, he met Mina,a lovely Canadian citizen. After a whirlwind of courtship, the two married each other in aceremony according to Canadian laws. The said marriage is valid in Canada. Three (3) yearsafter their marriage, Mike went home in the Philippines and married his ultimate crush Michelle, whom Mike knows to be an insane woman.

(a) What is the status of the marriage between Mike and Mina, according to Philippine law?Explain. (5 points)

(b) Is the marriage between Mike and Michelle valid, void, or voidable? Explain. (5 points)


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V.

On March 2, 2007, during a one-week out-of-town seminar held in Cebu City, Y and Z who wereboth management trainees in a hotel in Manila, obtained a marriage license from the Office of theCivil Registry in Liloan, Cebu, with the help of Ys friend there. Upon their return to Manila, Zwas again sent to Thailand to undergo more extensive training in hotel management. Upon Zsreturn to the Philippines on July 16, 2007, Y and Z were married by a Pastor of their religiousdenomination in Pasig City whose license to solemnize marriage had been suspended at that timebut, who both Y and Z believed in good faith was duly authorized to solemnize marriages. Afterliving as husband and wife for one year, Y was assigned to manage a branch of the hotel inMalaysia where she met and fell in love with A, another Filipino working there. Z, who was leftbehind in the Philippines, got romantically involved with B, his assistant manager at the hotel.

(a) What is the status of the marriage between Y and Z? Explain. (5 points)

(b) Suppose Z comes to you for an advice as to whether he could validly remarry B. Howwould you advise him? Cite a legal basis. (5 points)

VI.

(a) State the grounds upon which a decree for legal separation may be issued. (10 points)

VII.

If the husband was granted a decree of legal separation, may the wife inherit from the husband

(a) By intestate succession? Explain. (5 points)

(b) How about by will (testate)? Explain. (5 points)

VIII.

Enumerate ALL the void marriages under the Family Code. Do NOT just cite the articlenumbers! (10 points)

IX.

What are the grounds for annulment of marriage under Article 45 of the Family Code? State thegrounds completely! (10 points)

X.

(a) State the doctrine of Triennial Cohabitation. (2.5 points)

(b) When did the New Civil Code take effect? (2.5 points)

(c) When did the Family Code take effect? (2.5 points)

(d) Give the prescriptive period for the filing of petition for legal separation. (2.5 points)


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BONUS:

1. Define Marriage in full. (5 points)

2. Give the essential requisites of marriage. (2.5 points)

3. Give the formal requisites of marriage. (2.5 points)

-0- NOTHING FOLLOWS -0-

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MIDTERM PFR (1).doc