Question 1

A is the illegitimate son of B whom he recognized in his record of birth. After B's death, a settlement of his estate was commenced by his legitimate heirs. Can A intervene inorder to have share of B's estate?

Accepted Answer

A)  No, because he is the product of sin.
B)  Yes, provided that he files an action for recognition first.
C)  Yes, by presenting the record of birth which is an evidence of recognition without need of filing an action of recognition.
D)  No, otherwise, it would unduly prejudice the rights of the legitimates. C

Question 2

A and B married. They acquired properties during the marriage worth ₱10M. Ten (10) years thereafter B filed an action for legal separation against A where he was pronounced the guilty spouse. The court divided the properties valued at ₱20M at the time of the legal separation, equally into two (2). Is the order of the court correct?

Accepted Answer

A)  No, because A is not entitled to the fruits of their conjugal partnership.
B)  Yes, because A's disqualification is from a share of the fruits of the conjugal partnership.
C)  No, because A should be penalized for his misdeeds and the disqualification to have a share of the conjugal properties is the penalty.
D)  No, because the share should even be forfeited in favor of his family to maintain unity. A

Question 3

A filed an action for legal separation against B. After the decree of legal separation was granted, A died. What will the court do after notice of death of A?

Accepted Answer

A)  Dismiss the action for legal separation because it has become moot and academic.
B)  Continue with the liquidation of the properties of the spouses.
C)  Archive the case.
D)  Issue an order directing the substitution of party. B

Question 4

One of the terms and conditions of employment is that, if a dependent of an employee dies, the employee shall be entitled to bereavement benefits. A, an employee was pregnant but the fetus died. Is she entitled to bereavement benefits?

Accepted Answer

A)  No, because the fetus was not yet born.
B)  Yes, because the fetus became a dependent upon A from the moment of conception.
C)  No, because the fetus has yet to be born inorder to die.
D)  No, because the fetus has no personality yet.

Question 5

What is the status of a child born out of artificial insemination?

Accepted Answer

A)  Illegitimate because the husband is not the father of the child.
B)  Legitimate provided that it was done with the consent or ratification of the spouses.
C)  Legitimate provided there is consent, ratification by the husband and the birth is registered with the civil registry.
D)  Legitimate if adopted by the spouses.

Question 6

A and B were engaged to marry on April 3, 2012. They entered into a marriage settlement that they would be bound by the rule on co-ownership. Is the ante-nuptial agreement valid?

Accepted Answer

A)  No, because they should be governed by the absolute community because it is void.
B)  Yes, they can agree on any other property regime.
C)  No, because they can only agree on the conjugal partnership of gains.
D)  No, because they should agree on the complete separation of property regime.

Question 7

Who among those enumerated is not a beneficiary of a family home?

Accepted Answer

A)  Spouses.
B)  Parents of the spouses.
C)  Children, legitimate or illegitimate.
D)  Overseer.

Question 8

A and B are married. They have two (2) legitimate children. After A died, the heirs acquired properties from A's estate. B got married to C, without liquidating their conjugal partnership. What property relationship governs them?

Accepted Answer

A)  Absolute community of property regime if there is no marriage settlement.
B)  Conjugal partnership if there is an agreement.
C)  Absolute immunity of property regime if there is an agreement.
D)  Mandatory complete separation of property regime.

Question 9

A and B are married with a son C who is 19 years old and living in their company. A asked C to drive the family car on their way to their province in Ilocos Norte. The car met an accident resulting in the death of D, a pedestrian. Who may be liable for damages?

Accepted Answer

A)  C is solely liable because he has already been emancipated hence, liable for all acts of civil life.
B)  A and B because under the law, if a child is 18 and above but below the age of 21 and living in the company of the parents and performs acts or omission causing damage to another, the parents are liable.
C)  A, B and C are solidarily liable.
D)  A only because he is the head of the family.

Question 10

A and B are married. B executed a will instituting A as an heir but A was pronounced the guilty spouse in an action for legal separation. What happens to the will after the decree of legal separation?

Accepted Answer

A)  B can revoke it.
B)  The will is revoked by implication of law.
C)  The will remains valid and A can inherit if the will is admitted to probate.
D)  The heirs can file an action to revoke the will.

Question 11

What does physical incapacity to consummate marriage mean?

Accepted Answer

A)  Refusal to have sex with the spouse.
B)  Lack of power to copulate which is permanent in nature. (Impotence which appears to be incurable.) 
C)  The sexual organ is so small.
D)  Sterility.

Question 12

A, an American citizen married B, a Filipina in the Philippines. A obtained a decree of divorce against B capacitating him to remarry under USA law. Can B remarry?

Accepted Answer

A)  B can get married right away after the decree has become final and executory.
B)  B cannot get married because from the point of view of Philippine Law, he is still married.
C)  B can get married provided that she goes to court and proves the decree of divorce as a fact according to the rules of evidence.
D)  B can get married because the divorce decree being valid in the USA is valid in the Philippines to be fair to B.

Question 13

A and B both Filipinos are married, but at the time of the marriage, B was 16 years old. The marriage was celebrated in Hongkong and valid there as such. A wants to get married again and came to you for advice. Give your advice to A.

Accepted Answer

A)  I would advice him to get married again, anyway, their marriage is void, hence, there is no need to have the marriage declared void.
B)  I would advice him to file an action for declaration of nullity of their marriage before getting married.
C)  I would advice him to seek for a certification from the Hongkong authorities that their marriage is void.
D)  I would advice him to go to Hongkong and seek for declaration of nullity before a competent court and present it to the solemnizing officer.

Question 14

A & B are Filipinos. They migrated to the USA where A embraced American citizenship. A obtained a divorce decree in the USA. Can B get married again?

Accepted Answer

A)  No, because the marriage was not originally a mixed marriage.
B)  Yes, because if there is a mixed marriage, even if mixed after its celebration and a divorce decree is obtained by the foreigner, in accordance with his/her national law, capacitating him/her to remarry under his national law, the Filipino can remarry.
C)  Yes, because A can get married again under his national law.
D)  Yes, because otherwise, it would be an injustice to B.

Question 15

A and B entered into an exclusive dealership agreement over the product of A in the province of Tarlac. XYZ Corp. ordered such product from A, hence, he delivered the same at its office in Tarlac. B learned about the transaction hence, he sued A for damages. Is A liable?

Accepted Answer

A)  A can be liable for breach of contract.
B)  A can be liable for abuse of right.
C)  A cannot be liable because he was exercising a right.
D)  A is not liable, but instead, XYZ Corp. is liable for interference in contractual relationship.

Question 16

A and B are married. They are governed by the conjugal partnership of gains. A, the Executive Vice-President of ABC Corp. signed as a surety in a loan secured by the company from Metrobank for the rehabilitation of the company. As business was good after rehabilitation, A was given a house and lot, a brand new caw and raise in his salary. The company was sued due to its failure to pay the loan. Are the properties of A and B liable?

Accepted Answer

A)  Yes, because the liability of the surety is primary and principal.
B)  Yes, because the obligation contracted by A was done during the marriage.
C)  No, because a surety undertaking did not at all redound to the benefit of the family.
D)  Yes, because the obligation contracted by A redounded to the benefit of the family.

Question 17

A was charged with the crime of murder. He was convicted. While in prison, he executed a donation in favor of B which was accepted by B in the same deed of donation. Is the donation valid?

Accepted Answer

A)  Yes, because it was perfected by the acceptance of B.
B)  Yes, if the donation is mortis causa.
C)  No, if the donation is inter vivos.
D)  Yes, regardless of its nature.

Question 18

A & B are married with a son C. What happens to the relationship by affinity between B and X and Y, the parents of A after A's death?

Accepted Answer

A)  It is severed because of the death of A.
B)  It remains because of the existence of C.
C)  It remains even with the death of A irrespective of whether they have an offspring or not.
D)  The death of A has no effect at all since B and X and Y are not related at all.

Question 19

A and B are married. B, the woman was pronounced the guilty spouse in an action for legal separation on the ground of attempt by one spouse against the life of the other. In favor of whom will the court award C's custody, a 5-year old child?

Accepted Answer

A)  A because he is the innocent spouse.
B)  A because it is impossible to have a moral development of the child.
C)  B because there is no man who can respond to the sorrows of a woman seeing a child of tender age being torn away from her.
D)  A and B because of joint parental authority.

Question 20

A was born on January 1, 2000 as an illegitimate child of B. If he wants to ask for recognition, within what time should he file the action?

Accepted Answer

A)  At anytime during his lifetime.
B)  At anytime during the lifetime of B.
C)  Imprescriptible.
D)  Before reaching the age of majority.

Exam 11: Family and Marriage Law: Marriage, Divorce, Inheritance, and Property Rights