PFAMREL

Take home exam August 18, 2019

1. Kulits went to a government office to follow-up the approval of his permit. The person-in-
charge failed to process his application in 3-months time already despite the fact that he had
already complied with all the requirements resulting to a material loss on his part. What must
he do? (3 points)

File a petition for mandamus to compel the government official to process the application with
prayer for damages.

Under the civil code, a public officer or an employee who neglects or fails to do his official duty
without just cause is liable for damages.

2. A marriage between a rapist and a raped victim is voidable on account that the male merely
married the female for fear of imprisonment. True or False. Explain (3 points)

True. The marriage between the rapist and the raped victim is voidable.

In a case decided by the SC,

3. Tell whether the following marriage is void ab initio, voidable, or valid under the Family Code
and explain ( 2 points each)
a. Marriage between step siblings. valid
b. Marriage license has already expired. void – absence of formal requisite
c. No marriage license was obtained by the parties. Void – absence of formal requisite
d. The name of the person as appearing in the marriage license is not his true name. void –
absence of formal requisite
e. Marriage license was obtained at the place where neither of party resides. Valid –
irregularity of the formal requisite
f. The girl misrepresented her age in the marriage license to be 25 when in truth and in fact
she is just 19 years old. Valid – irregularity in the formal requisite, absence of parental
consent is merely directory
g. The signature of the mother was forged in the marriage consent
h. The girl has stated in the application of the marriage license that she is single when in fact
she has been previously married, but such marriage was already declared null and void by
a competent court. Valid, there is a judicial declaration of nullity of the previous marriage
already.
i. There was no exchange of vows taken orally by both parties however they appeared
before a judge and signed a statement setting forth that they had agreed to marry each
other and asked the judge to solemnize their marriage. Thereafter the judge announced
that they are now husband and wife.
j. No marriage certificate was issued. Valid – provided that the requirements as to both
essential and formal requisites are complied with
 k. Either or both of the witnesses in the marriage ceremony is not of legal age. Valid – age of
the witnesses is immaterial
l. Man was constrained to marry the woman for fear of an administrative charge because
the woman is already pregnant. Voidable – vitiated consent renders the marriage voidable
m. Marriage celebrated through teleconference, the parties were in the US while the priest
was in the Philippines.
n. Woman married the foreigner in the Philippines to obtain citizenship. Valid as long as the
requirements as to both essential and formal requisites are complied with
o. The person who solemnized the marriage pretended to be a priest when he is not. Void
due to the absence of a formal requisite which is the authority of solemnizing officer, unless
either or both of the parties believed in good faith that the solemnizing officer has an
authority to solemnize marriages.
p. The marriage was solemnized by a Mayor who had already been removed from his office
with finality and his case was actually made sensational in the National Television.
q. Marriage solemnized by a Minister whose authority has already expired. Void due to the
absence of a formal requisite which is the authority of solemnizing officer since his authority
already expired, unless either or both of the parties believed in good faith that the
solemnizing officer has an authority to solemnize marriages.
r. A marriage solemnized by a lawyer and the girl believed in good faith that the lawyer has
the authority to solemnize. Void, absence of authority of solemnizing officer, a lawyer is not
one of the persons who are authorized to solemnize marriages under the civil code.
s. Marriage solemnized by a ship captain under articulo mortis in an airplane. Void - absence
of authority of solemnizing officer, eventhough solemnized under articulo mortis, the
solemnization was conducted in a airplane. Under the civil code, the person authorized to
solemnize the marriage in articulo mortis in a plane is the airplane pilot.
t. Marriage solemnized abroad by a Professor of Law in a country wherein he is authorized
to do so involving Filipinos. Valid, as provided under the civil code, marriages celebrated
abroad which is valid under the law of the country where the marriage is celebrated shall
likewise be valid here in the Philippines provided that they do not fall the exceptions.
4. H and W married in the year 2000. When they started living together, wife noticed that
husband was "dishonest, unreasonably extravagant at the expense of the family's welfare,
extremely vain physically and spiritually, and a compulsive gambler; immature, and unable to
perform his paternal duties; irresponsible, an easy-going man, and guilty of infidelity.
Husband was confined at Metro Psych Facility, a rehabilitation institution in Pasig City as it
was found out that he was a pathological gambler. The only evidence presented by the wife is
her testimony and the testimony of her son and that of the psychologist who merely relied his
psychological findings based on the account of the wife and the son. Will the petition
prosper? (5 points)

5. Husband was convicted at the RTC for murder. The lawyer was able to elevate the same with
the Court of Appeals. Can the wife file for legal separation? Explain (2 points)

6. Husband was convicted at the Municipal Trial Court for Acts of Lasciviousness. Husband did
not anymore question said conviction. Can the wife for legal separation? (2 points)
7. Aquaman and Woder Woman’s marriage was annulled by the church matrimonial court. Can
Wonder Woman now marry Batman?