FINAL EXAMINAT10N IN PERSONS AND FAMILY RELATIONS

FIRST YEAR SECTIONS A&F

40CTOBER 2013
PROFo M.STA.NIIARIA
Answer with explanations and write legibly. Leave a space after every answer'
question.
Do not write at ihe back of vour bluebook Points indicated after each

'John,when should it happen?(10)

d

' 1

Sn d,ddd

:: : dicial cOrrectiOn?(5)

CO On?mat m fme

3.)Ana and Ben were secretly marrled On February 20,1989,two Wecks afler Ben's flrst wife,Cora,died.They
married secretly because Ben Was ashamed that he was already taking a seCOnd wife cven before taking care ofurgent
matters like settling their conJugal debts and obligations and paying the medical bills,hospital expenses and estate tax

of his iate wife.Ana and Ben did not exccute a marriage se

lement.They secllred a marriage license duly issued by

the local ci l registrar ofManlla even though neithcr ofthem l

es in Manila.They were married by Mayor Erap in his

offlce while he was heavily drinking.Aner ma ing them,Mayor Erap passed out and failed to send a copy ofthe
marriage contract to the local civil registrar.Ben and hiS iate wife,Cora9 had a son,Don,who is now 14 years old.Ben

and Ana are both ernployed.Ben has a Salary ofP100,000.00 a inonth While Ana carns P150,000.00 a lnonth.One day
while d ving hiS Ctt which he Owned priorto his marriage to Ana9 Ben gotinvolved in a heated argument with another

driveL Ed,and killed the latter.He was charged and convicted of murder and sentenced to

, .He was

also ordered to pay P50,000.00 as civil indcmnity, P50,000.00 as mOral dmages and P15,000.00 as temperate

eCted
dalnageso When satisfaction ofthejudgment was being sought out by the heirs ofEd agalnst Ben's salary,Ana o
saying that Ben's salary is part of their community prope and ShOuld not be made liable to satistt the payment of

dalnages.Bcn adds that he has no separate prope becauSe his salary and car folll.part oftheir commllnity proper
One ofthe heirs ofEd F%a law student cl mS thatthe car should be sold istto satiSfy theJudgment because itis the

only p pcrty of Ben which is separate and does not forln part ofthe community property.She further argues hat in
pe" ofAna and Ben should advance the

case the money hm the car does not satistt thejud3ment,the community p
shOuld be satisfled flrst
unpaid portion ofthe judgmcnt.Ana counters that the obligations of the community prope"
before advances could be made to answer for the damages in thejudgment.Feeling neglected,alonc and realizing that
his father would s n be incapacitated to take care of hiln as Ben would be comlnitted to the New Bilibid Prison to
,Don decides that h would be in his best interest if he flled a petition in court
2s
serve the penalty of
and ask for the appointment ofa guardian for himsel
a

)IS the marrlage ofAna and Ben valid?(5)

)Is Ana correctin saying that Ben's salary is part oftheir commllnity p

pe and should not be made to satistt the

payment ofdamages in thejud8 ent?(5)

c.)Is Ana corect in saying that the obligation ofthe community proper

shOuld be satisfled irst before Bcn's salary

and the car cOuld be made to answer(aS advances)fOrthe damages in thejudgment?(5)

d

)IS Ben cOrrectin claiming that he has no separate property?(5)

e.)Is Fe correct in saying that Ben's car should be sold irst to satisfy the judgment because it is the only property of

Ben which iS separate and does not follll part ofthe community propeJ ;and thatin case the money from the car does

not satis,thejudttent,the conmunity property ofAna and Ben should advance the unpaid po

lon ofthejudgment?

(5)

)Under the rules on guardianship,can Don,himsell le a petition forthe appoinment Ofhis own guardian?(5)
g.)If Don were tO be put up for adoption,should the consent ofAna and Ben be secllred?(5)

1
1 llyi

ynw
r
lttt
,W

Australia and"cttd a dv e
Stant ights,Ha
the divorcejudgment recognized in thc Philippincs.Hc

[llad

ConstittonJ Hm

bn ttd

igners ow

h 3LWl 1

v'l'

go of his mother, Gia' This prompted

hysterical conduct inside the courtroom, shouting and crying, not wanting to let
custody to Gia after having Ian
the judge to issue another order and contrary to the compromise agreement, awarded
law on the part
by a child psychologist. Harry questions the judge's orders and alleges gross ignorance of the

"*u*inia
ofthejudge.

enforced by the
argues that the compromise agreement awarding him the custody of Ian should have been
of custody. Is
issue
judge since ih" lutt", uppro.o"d the same. Further, the agreement should serve as res iudicata on the

a) Harry

Harry conect? (5)

b.)

H,11ry

otfierwise,
claims that he should be awarded one half of the total purchase price of the parcels of land,
(5)
enrichment on the part of Gia which should not be countenanced- Is he conect?

it

would be unjust

prevail regarding the choice of school

c.) If Gia and Harry never divorced and stayed married, whose decision would
for Ian who was then five (5) years old? (5)

that support was due, Harry

d.) Assume that the judge also ordered Harry to pay sup!9{-t9 ]g. In the same month
judge ordered him to pay P100,000.00 a
bought him a toy r* -i Ipad mini in the toLl amount oipz0,o0o.o0. lf the
lan in the month in which Harry bought
month for support, should these two items be deducted from the support due to
these items? (5)
5.) How are the shares of the spouses distributed in case of legal separation
(5)
law as interpreted in the case of Quiao v. Quiao by the Supreme court?

what is the scope of "net profits" in the

presented a marriage license with number 12345

6.) Kit and Kat were married by a Justice of the Supreme Court. They
Lyn. Before Lyn's birth, Kit
which was issued in Carmona.Cavite. One year after the marriage, they had a daughter,
in the name of Jack and Jill and that there
discovered that the marriage license with number 12345 wasactually issued
in the certification issued by the local
wns no marriage license iisued under their names. These facts were contained
because he had doubts
civil registrar of carmon4 cavite. when Lyn was born, tre d]f 1ot sign the birth certificate
of nullity against Kat on the ground
whether or not she *^ ,.ully his daughter. erut one year, he filed for declaration
failed to-categorically
of absence of valid marriage license- Kat countered itrut ttr" certification of the civil registrar
of Kit and Kat, therefore said certification could
state that the latter conductJd a diligent search for the marriage license
that they were married by a Justice of the
not be accorded probative value. sfie also presented overwhelming evidence
age.
Supreme Court of the Philippines with several witnesses who were all of
a.) Is the marriage of Kit and Kat valid?

' 't !t

(5)

b.) Based on the above-stated facts, can Lyn use the surname of Kit?(5)

with his neighbor, Nellie. After one year

7.) Mike and Madonna are married. During the marriage, Mike had an affair
aware that Nellie had gotten pregnant
became
the affair ended and Mike remained faithful to Madonna. Mike later
was
a newbom' A little over a year after
he
when
because of their affair. He visited the baby, Orly, in the nursery once
opposed on the ground thatNellie
Mike
which
Nellie gave birth t" o;t, N"ilie filed un u"tionio. support agarnst Mike
orly's illegitimacy because it
impugn
longer
no
did not prove that tre is tire father of orly, Nellie argued that tvtike can
year since Mike made a visit
one
than
more
been born and
has been more than one year since Mike knew that 6rly had
to the nursery at the time Orly was born'
a.) Is Nellie correct in her argument? (5)

(5)
b.) Relying on Nellie's argument alone, will orly be entitled to support?
been supporting Orly until
was established that orly is the illegitimate.child of Mike. Mike has
only surviving relative of
The
years
earlier.
Mike,s death when orly turned l0 years oid. Mik"', p-*""t" died two
(5)
Mike is his brother Mandy. Is Mandy legally obliged to support orly?

c.) Assume that

it

died in
g.) Assume that while Mike and Madonna are married, Mike continued to have an affair with Nellie. Madonna
got
Nellie
and
Mike
Madonna
burying
after
months
the meantime and was buried just two days after her death. Two
married. After three months, Nellie gave birth to a full-term baby, orly.
(5)
what is the status of orly - legitimate, legitimated or illegitimate?
gambling'
g.) pete and patty validly manied in 20,0-g and did not enter into a marriage settlement. They are very fond of
all the
lost
They
salaries.
their
from
dta*tt
p50,000.00
*at
in the casino. This amount
They both agreed to gamble
or
money
the
spend
to
agped
both
they
that
the
fact
money. will the conimunity property bear the loss considering
should the loss be borne by their separate properties? (5)

***THE END***
G00D LUCK!!!

r'r