PERSONS AND FAMILY RELATIONS

Midterm Examination
GULLAS SCHOOL OF LAW-University of the Visayas

INSTRUCTIONS: Read each question very carefully. Answer legibly, clearly

and concisely. Start each number on a separate page. Do not repeat the
question. A mere provision or its equivalent, without the discussion in
support of your answers will not be given any credit. Do not cheat. Good
Luck.

1. Define the following:

A. Juridical capacity (3%);
B. Legal capacity (3%);
C. Marriage (4%).

2. Enumerate the following:

A. Formal requisites of marriage (3%);
B. Essential requisites of marriage (3%);
C. Persons authorized to solemnized marriages (4%);

3. Saul, a married man, had an adulterous relation with Tessie. In one of the
trysts, Saul's wife, Cecile, caught them in flagrante. Armed with a gun, Cecile shot
Saul in a fit of extreme jealousy, nearly kiiling him. Four ( 4) years after the
incident, Saul filed an action for legal separation against Cecile on the ground
that she attempted to kill him.

A. If you were Saul's counsel, how will you argue his case? 2.5%

B. If you were the lawyer of Cecile, what will be your defense? 2.5%

C. If you were the judge, how will you decide the case? 5%

4. Marvin, a Filipino, and Shelley, an American, both residents of California,

decided to get married in their local parish. Two years after their marriage,
Shelley obtained a divorce in California. While in Boracay, Marvin met Manel, a
Filipina, who was vacationing there. Marvin fell in love with her. After a brief,
courtship and complying with all the requirements, they got married in Hongkong
to avoid publicity, it being Marvin's second marriage. Is his marriage to Manel
valid? Explain. (10%)

5. Ricky and Princess were sweethearts. Princess became pregnant. Knowing

that Ricky is preparing for the examinations, Marforth, a lawyer and cousin of
Princess, threatened Ricky with the filing of a complaint for immorality in the
Supreme Court, thus preventing him from taking examinations unless he marries
Princess. As a consequence of the threat, Ricky married Princess. Can the
marriage be annulled on the ground of intimidation under Article 45 of the Family
Code? Explain. (10%)
6. In 1989, Charice (Filipina) and Justine (American), were married in the
Philippines. In 1990, they separated and Justine went to Las Vegas where he
obtained a divorce in the same year. He then married another Filipina, Lea, in
Canada on January 1, 1992. They had two (2) sons, James and John (who were
both born in 1992). In 1993, after failing to hear from Justine, Charice married
Bugoy (a Filipino), by whom she had a daughter, Regine. In 2009, Regine
married James (son of Justine with Lea) in California, where such marriage is
valid.
A. What is the current status of the marriage of Charice and Justine under Philippine
laws? (2.5%)
B. What id the status of the marriage between Charice and Bugoy under Philippine
laws?(2.5%)
C. What is the status of the marriage between Charice and Bugoy under Philippine
laws?(2.5%)

D. What is the status of the marriage between Regine and James under Philippine
laws?(2.5%)

7. Ariz and Paz were officemates at Perlas ng Silangan Bank (PSB). They fell in
love with each other and had a civil and church wedding. Meanwhile, Paz rapidly
climbed the corporate ladder of PSB and eventually became its Vice President,
while Ariz remained one of its bank supervisors, although he was short of 12 units
to finish his Masters of Business Administration (MBA) degree.

Ariz became envious of the success of his wife. He started to drink alcohol until
he became a drunkard. He preferred to join his "barkadas"; became a wifebeater;
would hurt his children without any reason; and failed to contribute to the needs of
the family. Despite rehabilitation and consultation with a psychiatrist, his ways did
not change.

After 19 years of marriage, Paz, a devout Catholic, decided to have their

marriage annulled by the church. Through the testimony of Paz and a
psychiatrist, it was found that Ariz was a spoiled brat in his youth and was
sometimes involved in brawls. In his teens, he was once referred to a psychiatrist
for t reatment due to his violent tendencies. In due time, the National Appellate
Matrimonial Tribunal (NAMT) annulled the union of Ariz and Paz due to the failure
of Ariz to perform and fulfill his duties as a husband and as a father to their
children. The NAMT concluded that it is for the best interest of Paz, Ariz and their
children to have the marriage annulled.

In view of the NAMT decision, Paz decided to file a Petition for Declaration of
Nullity of Marriage of their civil wedding before the Regional Trial Court (RTC) of
Makati City using the NAMT decision and the same evidence adduced in the
church annulment proceedings as basis.

If you are the judge, will you grant the petition? Explain. (10%)

8. In December 2000, Michael and Anna, after obtaining a valid marriage license,
went to the Office of the Mayor of Urbano, Bulacan, to get married. The Mayor
was not there, but the Mayor’s secretary asked Michael and Anna and their
witnesses to fill up and sign the required marriage contract forms. The secretary
then told them to wait, and went out to look for the Mayor who was attending a
wedding in a neighboring municipality. When the secretary caught up with the
Mayor at the wedding reception, she showed him the marriage contract forms
and told him that the couple and their witnesses were waiting in his office. The
Mayor forthwith signed all the copies of the marriage contract, gave them to the
secretary who returned to the Mayor’s office. She then gave copies of the
marriage contract to the parties, and told Michael and Anna that they were
already married. Thereafter, the couple lived together as husband and wife, and
had three sons.
A. Is the marriage of Michael and Anna valid, voidable, or void? Explain your answer.
(3%)
B. What is the status of the three children of Michael and Anna? Explain your answer.
(3%)
C. What property regime governs the properties acquired by the couple? Explain. (4%)

9. Roderick and Faye were high school sweethearts. When Roderick was 18 and
Faye, 16 years old, they started to live together as husband and wife without the
benefit of marriage. When Faye reached 18 years of age, her parents forcibly
took her back and arranged for her marriage to Brad. Although Faye lived with
Brad after the marriage, Roderick continued to regularly visit Faye while Brad was
away at work. During their marriage, Faye gave birth to a baby girl, Laica. When
Faye was 25 years old, Brad discovered her continued liason with Roderick and
in one of their heated arguments, Faye shot Brad to death. She lost no time in
marrying her true love Roderick, without a marriage license, claiming that they
have been continuosly cohabiting for more than 5 years. Was the marriage of
Roderick and Faye valid? (10%)

10. Write a summary on the following cases:

A. Van Dorn vs. Romillo, Jr. (139 SCRA 139) 3%
B. Pilapil vs. Ibay-Somera (174 SCRA 653) 3%
C. Niñal vs. Bayadog (328 SCRA 122) 4%