Exam 13: Family Law: Marital Issues, Adoption, and Property Relations

A & B entered into an ante nuptial agreement that they would be governed by the conjugal partnership of gains when they will get married. A year thereafter, they got married. Can they change their property relationship during the marriage?

If homosexuality is concealed, it is a ground for:

A and B had amorous relationship resulting in the birth of C. B filed a claim for temporary support of her unacknowledged child which she sought in an action for the issuance of temporary protection order against A. Is the remedy proper?

What is the remedy of a spouse if the other leaves the conjugal dwelling and refuses to return and lives with the parents?

A & B are married. During the marriage B filed an action for legal separation alleging that A shot her and seriously wounded her resulting in her permanent disability. Will the action prosper?

After the heirs of an 80-year old man who disappeared for more than 5 years partitioned his properties, he re-appeared. What happens to the partition?

A & B are married. They put into writing an agreement that they would live separately where they can live with other partners. A went to live with C, his childhood sweetheart, hence, B filed an action for legal separation invoking as ground, sexual infidelity. Will the action prosper?

A & B are married. They have a 10-year old son, C. X & Y, who are childless filed a petition for adoption on June 16, 2010, seeking to adopt C. It was submitted for resolution on December 15, 2010. On December 31, 2010 C was playing with a neighbor D who is likewise a minor, using the airgun of C's father. He pointed the gun to D, squeezed the trigger and killed D. the petition was granted on January 10, 2011. Who are liable?

A & B are married. A became a member of the US Armed Forces but when he came back to the Philippines he found out that his wife was cohabiting with his brother. When he went back to the USA, he divorced B; then got married to C. He died and in the petition for settlement of his estate, B contended that she is entitled to inherit. Is B correct?

X and Y are married. They have a daughter Z. They are living in the house of Y's parents, but left the house because of differences with his parents-in-law and his wife due to her refusal to leave the house. He was prevented from visiting his child and the latter was prevented from seeing her father? What is the remedy of X?

The following are the characteristics of psychological incapacity, except:

A and B are married. A filed an action for declaration of nullity of their marriage on the ground of psychological incapacity. In its judgment, the court decreed that a final decree of nullity shall be issued only after there is partition, distribution of the properties in accordance with Article 147 of the Family Code.

In the enumeration below, which is not a ground to dismiss an action for legal separation under the law?

A & B are married with children C & D, but were living separately from one another. A got married to E and begot children, F & G. After his death, E, F & G filed a petition for settlement of his estate. B, C &D intervened to claim their share of the estate and contended that since F & G are illegitimate as the marriage of A & E is void, their share is only ½ of the share of the legitimates. Is the contention correct?

If a person who has been declared psychologically incapacitated, can he get married again?

What is the requirement if the husband and wife would like to adopt?

A & B are married but due to conflicts, A left the conjugal dwelling and went to live with C, one of his children. Despite B's pleas, A refused to return to the conjugal dwelling. Can B file an action to compel A to return?

A & B, lived together as husband and wife while A is legally married with children. They acquired properties in their coverture. After the death of A, where will his share go?

Is the prohibition against the spouses donating to one another during the marriage absolute?

How many years should a person be absent in order that he may be presumed dead including the opening of his succession?