Persons and Family Relations

1. Alpha and Bravo were married on September 2, 1987. Two days before the marriage,
they verbally agreed to have a complete separation of property regime. Upon the death of
Alpha on December 20, 2012, what property regime will be considered in the liquidation
of the assets and liabilities of the spouses?
a. absolute community of property
b. conjugal partnership of gains
c. complete separation of property
d. co-ownership

ANSWER : B [Art. 77]

2. Alberto, 22 years old and Lovely, a widow, 20 years old, applied for a marriage license
on March 2, 2011. Without parental consent nor advice, the civil registrar issued the
license on June 15, 2011. They were married on October 5, 2011. Is the marriage valid?
a. Valid, because all the essential and formal requisites are present without any
defect in the former nor any irregularity in the latter.
b. Voidable, because one of the contracting parties is below 21 and there was no
parental consent.
c. Valid, but there was an irregularity in the issuance of the marriage license despite
the lack of parental advice.
d. Void, because the license had already expired.

ANSWER : A [Arts. 13, 16, 17 & 20]

3. Conrado and Rita are residents of the City of Makati. They obtained a marriage license in
Quezon City. During the marriage ceremony in City of Manila by an RTC Judge of Pasay
City, only one witness was present and Rita was represented by her sister Rowena. Is the
marriage valid?
a. Voidable, because there was only one witness
b. Void, because Rita was merely represented by her sister.
c. Valid, despite some irregularities.
d. Void, because the marriage was solemnized outside the jurisdiction of the
solemnizing officer.
ANSWER : B [Arts. 2, 3, 8 & 9, Aranes v. Occiano ]

4. The marriage of Arthur and Genevieve, both Filipinos, were solemnized in Riyadh in
accordance with the laws in force in Saudi Arabia and valid there as such. The marriage
shall be void here in the Philippines if:
a. Genevieve was 20 years old, without parental consent.
 b. Genevieve was represented by her sister during the ceremony
c. Arthur is the father of the deceased husband of Genevieve
d. the marriage was solemnized without a marriage license

ANSWER : C [Art. 26, par. 1, 35 Family Code]

5. Martin and Lea were married in 1999. On January 15, 2013, a petition for legal
separation was filed by Martin on the ground of adultery allegedly committed in 2007 but
he claimed to have knowledge of the adulterous act only in December 2009. Will the
petition prosper?
a. Yes, because the petition was filed within 4 years from the date the cause
occurred.
b. Yes, because the petition was filed within 5 years from the date the petitioner
became cognizant of the cause.
c. No, because the petition should have been filed within 5 years from the date the
cause occurred.
d. No, because the petition should have been filed within 1 year from the date the
petitioner became cognizant of the cause.

ANSWER : C [Article 57 FC]

6. Margarito and Jennifer, both Filipinos, got married in Naga City in 1995. Thereafter,
Margarito went to London to work as a nurse, where he met Christine, also a Filipino
citizen while Jennifer obtained a divorce decree in New York in 1998. Margarito became
a citizen of Britain in 2001. Margarito married Christine in 2002. In 2003, Jennifer
married Nathaniel in Cebu City. Is the marriage between Jennifer and Nathaniel valid?
a. Yes, because a divorce decree was obtained by Jennifer capacitating her to
remarry under the law of New York.
b. No, because Margarito and Jennifer were Filipinos at the time of the marriage,
therefore Article 26, par. 2 does not apply.
c. No, because the divorce decree did not capacitate Jennifer to remarry.
d. No, because Margarito was still a Filipino at the time the divorce decree was
obtained, thus, did not capacitate Jennifer to remarry.

ANSWER : C [Art. 26, par. 2; Republic v. Orbecido III]

7. Ildefonso died intestate in 1989 survived by Maria, his widow, and Edgar, the son of his
cousin Adelaida, who predeceased Ildefonso. During the settlement of the estate of
 Ildefonso, Edgar claimed that the marriage between Ildefonso and Maria is void because
they are stepbrother and stepsister. Which of the following is correct?
a. Edgar can question the validity of the marriage but the marriage is valid if
solemnized in 1987.
b. Edgar has no personality to question the validity of the marriage because he is not
a compulsory heir of Ildefonso.
c. Edgar has no personality to question the validity of the marriage because he will
be excluded by Maria in intestate succession.
d. Edgar can question the validity of the marriage if it was solemnized in 1987.

ANSWER : D [Art. 38, Art. 80(7)NCC; Ninal v. Bayadog]

8. Abraham married Magdalene five (5) days before his 20th birthday without the consent of
his parents. A year later, he left the conjugal abode. When his child, who was conceived
during the marriage, was already three (3) years old, his parents filed an action for the
annulment of marriage on the ground that there was lack of parental consent. Will the
action prosper?
a. Yes, because the marriage was voidable for lack of parental consent.
b. No, because the action was filed after he attained the age of 21.
c. Yes, because the action was filed within five (5) years after he attained the age of 21.
d. No, because there was free cohabitation

ANSWER : B [Art. Art. 45(1)]

9. In the will of Flor, a condominium unit was bequeathed to Vicente who was married to
Bethel at 9AM on June 1, 2012. Vicente and Bethel executed a marriage settlement
where they agreed, in writing but not notarized, for a conjugal partnership of gains to
commence the day after their marriage. At 5AM on June 1, 2012, Flor died. This
condominium unit will form part of the:
a. estate of Flor
b. separate property of Vicente
c. conjugal partnership property
d. absolute community

ANSWER : B [Article 88 FC by analogy, SDy p. 155, 777NCC]

10. Robin was married to Sharon in 1999. Bea, his child with his former girlfriend Dawn
was then 5 years old. Before the marriage, Robin inherited a parcel of land from his
grandfather. Without a marriage settlement having been executed, the land is:
a. property of Bea
b. separate property of Robin
c. conjugal property of Robin and sharon
d. community property of Robin and sharon

ANSWER : D [Article 91, 92 FC]