PERSONS AND FAMILY RELATIONS

(REVIEWER)

#1
June 16, 2017
1. Define “Law” by giving the four (4) essentials elements as defined by Sanchez Roman.
- Answer: According to Sanchez Roman, a law is a rule of conduct, just, obligatory,
promulgated by the legitimate authority, and on common observance and benefit.

2. Give the two (2) rules on the effectivity date of an ordinary law.
a. On the date if it expressly provided to take effect.
b. If no such date is made, then after 15 days following the completion of its
publication in the Official Gazette or in a newspaper of general circulation.

3. Give the effectivity date of the Civil Code Art.2 and in the case of Lara vs. Del Rosario.
- In the case of Lara vs Del Rosario, the Supreme Court in an obiter dictum held that
the civil code of the Philippines took effect on August 30, 1950 one year after the
circulation of the Official Gazette.
4. T or F
a. As a general rule laws are prospective not retroactive (T)
b. When the courts declare a law to be inconsistent with the Constitution, the former
shall be void and the latter shall govern. (T)
c. Implied repeals of law are looked with favor by courts. (F)

5. Indicate by “yes” or “no” if the following can be waived.

a. Future inheritance (NO)
b. The right to be heard in court renounced in advance. (NO)
c. Support in arrears (YES)
d. Right of the accused in a criminal case to have a preliminary investigation. (YES)
e. (NO)

#2
June 19, 2017

1. State the “operative act” Doctrine.

- This is when a legislative or executive act, prior to its being declared unconstitutional
by the courts, is valid and must be complied with.
2. T or F
a. Decisions which apply or interpret the Constitution or the laws are part of the legal
system, but they are not laws. (T)
b. A final judgement “ratio decidendi” states the reason for the judgement as
distinguished from “obiter dictum” which is an opinion of the court. (T)
c. A judge may decline to render judgement by reason of silence or obscurity of the law.
(F)
d. A custom must be proved as a fact according to the rules on evidence, otherwise it
cannot be deemed as a source of right. (T)
3. A real estate mortgage was foreclosed extra-judicially. The amount received during the
foreclosure sale was, however, less than the mortgage indebtedness. The creditor,
therefore, sued to recover the deficiency. Act 3135 which provides for extrajudicial
foreclosure is silent as to the mortgagee’s right to recover the deficiency. May the
deficiency be recovered? Please explain.
Answer:
 4. Give and compute the number of days of the following in accordance with Art. 13:

a. Six (6) months – 180 DAYS

b. Three (3) years – 1,095 DAYS

5. A executed a promissory note in favor of B for 10,000 payable fifteen (15) days after July
10, 2017.
- The due date is on July 25, 2017 because the rule states that when counting a day,
the first must be excluded and the last must be included. As such, the rule applies
particularly on the item which is on July 10, 2017.

6. A and B entered into a contract of loan payable in installments for 50,000. The first
installment falls due on Sunday, August 20, 2017. B, the obligor wants to pay on Monday,
the next day so she can withdraw from the bank. If you were his lawyer, what would you
advise him to do? please explain. Answer:

#3
June 23, 2017

1. T or F
a. “Paterfamilias” is the sovereign power of the state to safeguard the rights of persons
under disadvantage, such as the insane and incompetent. (F) – Parents Patriae
b. The quantum of evidence needed in a civil action for damages instituted after an
accused in a criminal case in acquitted under Art. 29 is proof beyond reasonable
doubt. (F)
c. A judge shall be responsible for breach of constitutional rights and liable for damages,
public want may be stopped by court order upon the instance of private corporation,
organized for a profit. (T)
d. Thoughtless extravagance in expenses for pleasure or display during a period of acute
of public want may be stopped by court order upon the instance of a private
corporation, organized for profit. (F)

2. Give the three (3) principles on independent civil actions.

a. Allowed for public policy
b. Success of recovering in one case
c. Permissive

3. Give the three (3) principles on independent civil actions.

a. Article 31 – Obligation, not arising from the act or omission
b. Article 32 – Breach of Constitutional rights
c. Article 33 – Defamation, Fraud, Physical Injury
d. Article 34 – Refusal of a policy officer of a city/municipal police to give protection
e. Article 2177 – Quasi-delict or Culpa Aquiliana

4. A was accused of seduction bf seduction by the parents of B, a minor. After criminal

proceedings, a was acquitted by the RTC.

a) What is the remedy, if any of B and her parents

b) what quantum of evidence is needed? Please explain. Answer: a preponderance of

evidence is needed. Which means that in a civil suit/action, the preponderance of
evidence is needed to prove for damages caused of the accused to the victims after the
acquittal in the criminal case.
#4
June 26, 2017
1. X, a Swiss citizen was caught and arrested in a buy-bust operation in a local barangay in
possession of a restricted substance. He claims since he is an alien, he is not subject to
Philippine laws on drug related offense. Is he exempt from such Philippine Laws? Please
explain. What is the underlying principle? Answer: No. He is not exempt from such
Philippine Laws. Under the new Civil Code provides that “Penal laws and those of public
security and safety shall be obligatory upon those who live or sojourn in the Philippine
territory subject to the principles of international law and treaty stipulation. In the case
at bar, Swiss citizen who was being caught and arrested in possession of a restricted
substance is not exempted from such Philippine laws because of the principle of
territoriality theory. Therefore, any person, whether citizen or alien, who sojourn in the
Philippines can be punished for committing a crime and subject to Philippine laws on
drug related offense.

2. A, a Filipino citizen, 17 years old wishes to marry B, 25 years old, a Filipino citizen. Both
reside in New Jersey, USA with their families. Under Philippine laws, only persons of 18
years old and over have the legal capacity to marry. Can A validly marry B? please explain.
What is the underlying principle. Answer: No, A cannot validly marry B. Under the Civil
Code of the Philippines, only persons of 18 years of age and over have the legal capacity
to marry. In the case at bar, both A a 17-year-old and B a 25-year-old and a Filipino
Citizen cannot validly marry each other. Under Article 15 of the civil code, “laws relating
to family rights and duties or to the status, condition and legal capacity of persons are
binding upon citizens of the Philippines, even though living abroad. Recounting the facts
of the case of A and B, Filipino citizens, therefore, cannot validly marry each other.

3. Y; an American citizen died in the Philippines leaving two (2) legitimate children in Los
Angeles and one recognized illegitimate son, Z in Cebu. Under American laws, recognize
illegitimate children have no right to inherit from their father. Y left shares of stocks of
PLDT and Meralco of substantial value which he left to his legitimate children in his will,
but he did not leave anything to his illegitimate son. Z wanted to contest the will and claim
his share of the inheritance. Is Z entitled to inherit? Please explain and give the underlying
principle. Answer: No, because under the law of Y’s country in America, recognized
illegitimate children have no right to inherent from their father. In the case at bar, Z as
would have wanted to claim his share of the inheritance will not be entitled since the
law in the country of his father prohibits such claim of inheritance for the illegitimate
children. What should control is the national law of the deceased. Therefore, Z is not
entitled to inherent the said property.

4. Under Art. 19 what are the three (3) acts that every person in the exercise of his rights
and performance of his duties should do?
a. Act with justice
b. Give everyone his due
c. Observe honesty and good faith

5. A and B were sweethearts. They had intimate relations with mutual lust. Later B sued A
for moral damages based on breach of promise to marry because A had reneged on his
promise to marry. Can B collect moral damages? Answer: No. B cannot collect moral
damages to A. Under the Civil Code of the Philippines, mutual lust is an exemption to
the general rule. In the case at bar, there can be no rule as to the collecting of moral
damages by reason of mutual lust. B can only sue for moral damages if there be criminal
 or moral seduction, but he cannot sue if the intimate relationship was due to mutual
lust. Therefore, B cannot validly collect moral damages to A.

6. A contract for the sale of land was declared null and void after the buyer had already paid
the purchase price in full. May said buyer recover the price paid from the successors-in-
interest of the seller. Please explain. Answer: Yes, because if said successor could recover
the land without being required to reimburse the buyer, they would be enriching
themselves unjustly at the expense of the buyer. Under the Article 22 of the Civil Code,
“every person who through an act of performance by another, or any other means,
acquires or comes into possession of something at the expense of the latter without just
or legal ground, shall return the same to him.” Therefore, the buyer can recover the
price paid from the successors in interest of the seller.

#5
July 3, 2017

1. T or F
a. The defendant in an independent civil action under Art. 32 for damages for breach of
constitutional rights is the state. (F)
b. Under Art. 33 in an independent civil action for damages based o defamation, fraud
or physical injury, the three terms are used in their generic sense. (F)
c. The city or municipality is solidarily liable for damages in an independent civil action
brought under Art. 34 for the refusal or failure of a city or municipality policemen to
render protection to a person in danger. (F)

2. Define a prejudicial question.

- Is one which must be decided first in a civil action before a criminal action may be
instituted or may proceed because a decision therein is vital to the judgement in the
criminal case.

3. A was lawfully married to B. At gunpoint, A was intimidated and forced to marry C. So, A
married C. B asked the prosecutor to file bigamy charges against A. A, in the meantime
had filed annulment proceedings to annul the second marriage in view of the intimidation
committed against him. A raised as a defense to the effect that the criminal case should
be suspended and should not proceed. Should the criminal case proceed? Please explain.
- Answer: No. The criminal case should not proceed since a civil action has already
been filed at first. Under the civil code of the Philippines, prejudicial question is one
must be decided first in a civil action before a criminal action may be instituted
because the decision therein is vital in the judgement in the criminal case. In the case
at bar, B asked the prosecutor to file bigamy charges against A, wherein A, in the
meantime had filed annulment proceedings to annul the second marriage in view of
the intimidation committed against him. It must be noted that A was forced to marry
C, the bigamy case should be suspended and should not proceed until to civil action
is finished because it is vital to the judgement of the criminal case. Therefore, the
criminal case should be suspended and should not proceed.

4. A was married to B. Later, A forced C to marry him. C filed an action to annul the marriage
to her. Thereafter, bigamy charges were filed against A at the instance of B. alleged that
civil case is a prejudicial question. Is A’s contention correct? Please explain.
Answer: No. A in its contention is wrong because it was he who employed the force
insofar as the second marriage is concerned. He cannot use his own act or crime as his
defense.
#6
July 7, 2017

1. Define the following:

a. Juridical capacity – a fitness to the subject of legal relations.
b. Capacity to act – the power to do act with legal effect and it can be acquired and be
lost.

2. A delivered a baby girl, B after an intra-uterine life of six (6) months and fifteen (15) days.
The baby died twenty-eight (28) hours after birth. The father, C, wishes to register the
birth and death of the baby. Can he get both the birth and death certificates of his child?
Please explain. Answer: Yes, the father can get both birth and death certificate of the
deceased baby. Under the civil code of the Philippines, for civil purposes, before a baby
can acquire a birth certificate and death certificate, it must have an intra-uterine life of
at least 7 months, it is not deemed born if it dies within 24 hours. In the case at bar, the
baby died 28 hours after the complete delivery from the mother’s womb. Therefore, the
father of the baby can get both birth and death certificate of his deceased baby.

3. Indicate by “yes” or “no” if the following are juridical persons:

a. BSP - (YES)
b. Bureau of Customs - (NO)
c. DBP - (YES)
d. NORSU - (YES)
e. PLDT - (YES)
f. Department of Foreign Affairs - (NO)

4. Give the three (3) rights of a juridical person.

a. Acquired and possess all kinds of property
b. Incur obligations
c. Bring civil and criminal action

5. T or F
a. Juridical capacity can be lost only through death (T)
b. A married woman,18 years or over is not qualified for all acts of civil life. (F)
c. A private corporation begins to exist as a juridical person upon filing of its articles
of incorporation and by-laws with the SEC. (F)

#7
July 10, 2017

1. T or F
a. Citizenship is a matter of right, not a privilege. (F)
b. Under the principle of jus sanguinis, one becomes a citizen of the place where he was
born. (F)
c. “Duals” in order to exercise the right of suffrage must establish residence in the
Philippines. (F)
d. A judicial declaration that a person is a Filipino citizen can be made in a petition for
naturalization. (F)

2. Give the three kinds of citizens.

a. Natural born
b. Naturalized citizens
c. Citizens by election
 3. State the doctrine in the Moy Ya case on the citizenship of an alien woman married to a
citizen of the Philippines. Answer: The case of Moy Ya is all about the citizenship of a
foreign woman who marries a Filipino. In the case at bar, is she has all the qualifications
and none of the disqualifications for Philippine citizenship she becomes a Filipino,
PROVIDED, that she is able to prove these facts in a proper proceeding. If she is
unqualified (lack of qualifications) or disqualified (possesses disqualifications), she
cannot be considered a Filipino citizen.

4. Give at least three (3) attributes of naturalization.

a. Citizenship is not a right, it is a privilege
b. Demands allegiance to the constitution, laws and government
c. Only the foreigners are naturalized

5. A was born on April 5, 1990 of B, a Filipino citizen and C, a Chinese citizen. What is the
status of A as regards his Philippines citizenship under the constitution which was in effect
during his birth?
- Answer: The status of A as regards to the Philippine citizenship, Under the
Constitution which as in effect during his birth, he was a natural born citizen under
the 1987 Philippine Constitution. Under the 1987 Constitution, a father or mother is
a citizen of the Philippines. A’s father or mother is a citizen of the Philippines.
Therefore, A’s status is a natural born citizen of the Philippines.

#8
July 14, 2017

1. T or F
a. Actual and substantial residence is required, not merely legal residence for the ten
(10) year residency requirement for citizenship. (T)
b. Knowledge of the principles underlying the Constitution is equivalent to belief thereof
for purposes of compliance. (F)
c. A deaf-mute can be naturalized. (F)
d. The burden of proof as to qualifications is on the applicant, but the burden of proof
on disqualifications is on the state. (T)

2. Indicate by “yes” or “no” if the following is ground for denial of a petition for
naturalization:
a. Violation of a municipal ordinance against the playing of “mahjong” – (NO)
b. Running a properly licensed cabaret – (NO)
c. Desertion of a common-law wife and children to marry another – (YES)
d. An attempt to circumvent the constitution by purchasing a parcel of land through his
mother-in-law. (YES)
e. Belief in polygamy- (YES)

3. List the five (5) steps in naturalization proceedings.

a. Declaration of the intention to become Filipino citizen
b. Petition for naturalization
c. Hearing of petition
d. Rehearing of the petition after the period of two (2) years on the promulgation
of the judgement awarding naturalization.
e. Taking oath of allegiance to support and defend the constitution of the
Philippines.
#9
July 17, 2017
1. Give two (2) common ways by which a Filipino m ay lose his citizenship under CA 63 as
amended.
a. By naturalization in foreign country
b. By express renunciation of citizenship

2. Define domicile under Art. 50

- Under article 50, the domicile of natural persons is the place of their habitual
residence.

3. Give the three (3) kinds of domicile.

a. Domicile of Origin
b. Constructive Domicile
c. Domicile of Choice

4. Give the appropriate domicile of the following:

a. Domicile of origin of a legitimate child – Domicile of choice of the father at the
moment of birth.
b. Domicile of origin of an illegitimate child – Domicile of choice of the mother upon the
birth of the child
c. Constructive domicile of a legitimate child – Constructive domicile of the father.
d. Constructive domicile of a married woman in valid marriage – Domicile of Choice of
her husband.

5. Give the (4) fundamental principles governing domicile of choice.

a. No natural person must ever be without a domicile
b. No person can have two (2) or more domicile at the same time.
c. Every sui juris may change his domicile
d. One acquired, it remains the domicile under a new one is obtained;
• By capacitated person
• With freedom of choice
• By actual physical residence
• And a favorable intent

#10
July 21, 2017

1. Give the five (5) elements of marriage under Art. 21 of the Family Code.
a. Special contract
b. Permanent union
c. Between man and a woman
d. Entered into in accordance with law
e. For establishment given in the presence of the solemnizing officer.

2. Give the two (2) essential requisites of marriage.

a. Legal capacity of the contracting parties who must be a male and a female
b. Consent freely given in the presence of the solemnizing officer.

3. Give the three (3) essential requisites of marriage.

 a. Authority of the solemnizing officer
b. A valid marriage license except in the cases provided in chapter 2.
c. A marriage ceremony which takes place with the appearance of the contracting
parties before the solemnizing officer and their personal declaration that they
take each other as husband and wife in presence of not less than 2 witnesses of
legal age.

4. Give the rule and legal effects of the following under Art.4 of the Family Code.
a. Absence of the essential and formal requisites – shall render the marriage void ab
initio, except as stated in Article 35 (2) (those solemnized by any person not legally
authorized to perform marriage unless such marriages were contracted with either
or both parties believing in good faith that the solemnizing officer has the legal
authority to do so)

b. Defect of essential requisites – voidable as provided in Article 45 (Annulment of

marriage)

c. Irregularity in formal requisites – validity of the marriage but the party or parties
responsible or the person responsible for the irregularity shall be civilly, criminally
and administratively liable.

5. T or F

a. The marriageable age of a male or female is 20 years upwards. (F)

b. Marriage by proxy is allowed in the Philippines (F)
c. Gov. de Gamo can solemnize marriages. (F)
d. A consul may solemnize marriages. (T)
e. Parental advice is required for contracting parties who are between the ages of 18 and
21. (F)
f. A foreigner wanting to marry a Filipino citizen must secure a certificate of legal capacity
to marry from his consular/diplomatic officials. (T)
g. A marriage license is valid for 180 days. (F)

6. Give three (3) cases when the issuance of a marriage license will be delayed for 3 months
after completion of publication of the marriage application.
a. Unfavorable advice of the parents
b. Failure to secure parental advice
c. Failure to attend marriage counselling

#11
July 24, 2017
1. T or F
a. The marriage certificate is the best evidence of the existence of a marriage, but it is
not an essential requisite. (T)
b. Although the solemnizing officer will not be able to distribute copies of the marriage
certificate to the contracting parties and the local registrar, the marriage is still valid.
(T)
c. The general rule for marriage solemnized abroad that if valid where celebrated is also
valid here, is based on the doctrine of “lexi loci celebrations” (T)

2. A and B, both Filipino citizens married in 1981 in Manila. Later B the wife went to the US
to work as a nurse. She was naturalized as an American citizen and divorced A. She later
 remarried in the US. A filed a petition with the court for authority to remarry. Give the
ruling of the Supreme Court. Please explain. Answer: In the case at bar, after the divorce
that eventually happened for both A and B, hence, A can already remarry anyone. Under
the Supreme Court Ruling by virtue of the case that can be found in Republic vs Obecido,
it shows that A can remarry to someone. However, that taking into consideration the
legislative intent behind the said provision and applying the rule of reason, and should
be interpreted to allow a Filipino citizen who has been divorced by a spouse who had
acquired foreign citizenship and remarried, also to remarry. Therefore, A can remarry
under the circumstances.

3. A, Filipino citizen married B, a Swiss citizen. Thereafter B divorced A. A returned to the

Philippines and met her childhood sweetheart. She wants to marry him. Can she do so?
Please explain. Answer: Yes. She could marry her childhood sweetheart. Under the
Philippine Civil Law with regards to marriage between an alien and a foreigner, the
latter be allowed to remarry under Philippine civil law if the alien spouse obtained a
valid divorce in his country (based on his nationality). In the case at bar, A, the alien,
divorce A. Hence, there is no doubt that A, the Filipino spouse, could remarry under
Philippine Laws. Therefore, recounting the fact of the case A could marry her childhood
sweetheart.

4. Give the four (4) marriages of exceptional character where no marriage license is
required.
a. Point of death (Articulo Mortis)
b. In a remote place
c. Cohabited for 5 years without legal impediments
d. Marriage among Muslim or among members of the ethnic cultural
communities in accordance with their ethnic rites, customs and practices.
e.