MIDTERM EXAMINATION CIVIL LAW REVIEW I

SCHOOL YEAR 2021-2022 ATTY. JAKE RUPERT T. TABORA

INSTRUCTION: Choose the best answer and explain your answer by citing your
legal basis, and interweaving it with the set of facts given. Your explanation must
not be more than five sentences. I will no longer read beyond your fifth sentence.
Grammar errors and bad sentence construction will be taken against you.
This is a 20-item CORRECT MINUS WRONG EXAM. Be SMART.
If your answer to the multiple choice question is wrong, I will no longer read your
explanation. This means that you will automatically get 0 point plus (-5). Partial
points will only be given to items with correct answer to the multiple choice
question.
Submit your computerized answers (in PDF format) not later than 6:00pm on
Monday. No need to copy the questions in your answer sheet. Refer to the
instruction in BB learn on how to submit.
P.S. “God is watching us, God is watching us, God is watching us from a distance.”
(plus 5 sa kumanta)
Example:
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?

a) Valid
b) Void
c) Voidable
d) Automatically Terminated

Answer:

A. VALID

While Justine obtained a divorce in the United States, the foreign divorce
must be judicially recognized in the Philippines before it may be given legal
effect. Pending judicial recognition of the foreign divorce, the marriage
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between Charice and Justine is valid and subsisting as far as Philippines is

concerned.

B. What is the status of the marriage between Charice and Bugoy under
Philippine laws?

a) Valid
b) Void
c) Voidable
d) Automatically Terminated

Answer:

B. VOID

The marriage between Charice and Bugoy is void for being bigamous. While
Justine obtained a divorce decree abroad, Charice will only be capacitated
to re-marry after the foreign divorce decree is judicially recognized in the
Philippines. Pending its judicial recognition, the divorce decree has no legal
effect in the Philippines, and any subsequent marriage of Charice will be
void for being bigamous.

START HERE

I.

Same Factual Antecedents Above.

Question: What is the status of the marriage between Regine and James under
Philippine laws?

a) Valid
b) Void
c) Voidable
d) Automatically Terminated

II.

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? Choose the best answer.
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a) Yes, because without the threat, Ricky would not have married Princess.

b) Yes, because the threat to enforce the claim of Princess vitiates the
consent of Ricky in contracting the marriage.

c) No, because the threat made by Marforth is just and legal.

d) No, because Marforth is not a party to the contract of marriage between

Princess and Ricky.

III.

Audrey, single, bought a parcel of land in Malolos City from Franco

for P 1Million. A contract was executed between them which already vested upon
Audrey full ownership of the property, although payable in monthly installments
for a period of four (4) years. One (1) year after the execution of the contract,
Audrey got married to Arnel. They executed a marriage settlement whereby they
agreed that their properties shall be governed by the regime of conjugal
partnership of gains. Thereafter, subsequent installments were paid from the
conjugal partnership funds. Is the land conjugal or paraphernal?

a) The land is conjugal because the installments were paid from the
conjugal partnership funds.

b) The land is paraphernal because ownership thereof was acquired before

the marriage.

c) The land is both conjugal and paraphernal funds of installments were

paid from both the personal funds of Audrey and the conjugal partnership
funds.

d) The land is paraphernal because it was Audrey who purchased the

same.

IV.

Lito was a commercial pilot who flew for Pacific-Micronesian Air. In 1998, he was
the co-pilot of the airline's Flight MA916 that mysteriously disappeared two
hours after take-off from Agana, Guam, presumably over the Pacific Ocean. No
trace of the plane and its 105 passengers and crew was ever found despite
diligent search; Lito himself was never heard of again. Lito left behind his wife,
Lita, and their two children.

In 2008, Lita met and and married Jaime. They now have a child of their own.

While on a tour with her former high school classmates in a remote province of
China in 2010, Lita was surprised to see Lito or somebody who looked exactly
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like him, but she was sure it was Lito because of the extreme surprise that
registered in his face when he also saw her. Shocked, she immediately fled to her
hotel and post haste returned to the country the next day. Lita now comes to
you for legal advice.

Question: If Lito is alive, what is the status of his marriage to Lita?

(a) The marriage subsists because the marital bond has not been
terminated by death.

(b) The marriage was terminated when Lita married Jaime.

(c) The marriage subsists because Lita's marriage to Jaime is void.

(d) The marriage is terminated because Lito is presumed dead after his
plane has been missing for more than 4 years.

(e) The marriage can be formally declared terminated if Lito would not
resurface.

V.

Same Factual Antecedents Above.

Question: If Lito is alive, what is the status of Lita's marriage to Jaime?

(a) The marriage is valid because Lita's marriage to Lito was terminated
upon Lito's disappearance for more than seven years.

(b) The marriage is valid. After an absence of more than 10 years, Lito is
already presumed dead for all purposes.

(c) The marriage is void. Lito's mere absence, however lengthy, is

insufficient to authorize Lita to contract a subsequent marriage.

(d) The marriage is void. If Lito is indeed alive, his marriage to Lita was never
dissolved and they can resume their marital relations at any time.

VI.

Arthur and Helen, both Filipinos, got married and had 2 children. Arthur later
worked in Rome where he acquired Italian citizenship. He got a divorce from
Helen in Rome but, on returning to the Philippines, he realized his mistake,
asked forgiveness of his wife, and resumed living with her. They had 2 more
children. What is the status of their 4 children?
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(A) The children born before the divorce are legitimate but those born
after it are not since Arthur got the divorce when he had ceased to be a
Filipino.

(B) The divorce rendered illegitimate the children born before it since the
marriage that begot them had been nullified.

(C) The children born before and after the divorce are all legitimate since
Philippine law does not recognize divorce.

(D) All the children are legitimate since they were born of the same father
and mother.

VII

Solomon sold his coconut plantation to Aragon, Inc. for P100 million, payable in
installments of P10 million per month with 6% interest per annum. Solomon
married Lorna after 5 months and they chose conjugal partnership of gains to
govern their property relations. When they married, Aragon had an unpaid
balance of P50 million plus interest in Solomon’s favor. To whom will Aragon’s
monthly payments go after the marriage?

(A) The principal shall go to the conjugal partnership but the interests to
Solomon.

(B) Both principal and interests shall go to Solomon since they are his
exclusive properties.

(C) Both principal and interests shall go to the conjugal partnership since
these become due after the marriage.

(D) The principal shall go to Solomon but the interests to the conjugal
partnership.

VIII.

Fidel, a Filipino with fair complexion, married Gloria. Before the marriage, Gloria
confessed to Fidel that she was two-month pregnant with the child of a black
African who had left the country for good. When the child was born, Fidel could
not accept it being too black in complexion. What is the status of the child?

(A) Illegitimate, because Gloria confessed that the child is not Fidel’s.

(B) Illegitimate, because by the color of its skin, the child could not
possibly be that of Fidel.

(C) Legitimate, because the child was born within a valid marriage.
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(D) Legitimate, because Fidel agreed to treat the child as his own after
Gloria told him who the father was.

IX.

X insured himself for P5 million, designating Y, his wife, as his sole beneficiary.
The designation was irrevocable. A few years later, X had their marriage
annulled in court on the ground that Y had an existing prior marriage. X
subsequently died, Is Y entitled to the insurance benefits?

(A) Yes, since the insurance was not dependent on the marriage.

(B) Yes, since her designation as beneficiary was irrevocable.

(C) No, X’s designation of Y is revoked by operation of law upon the

annulment of their marriage based on Y’s fault.

(D) Yes, since without judicial revocation, X’s designation of Y remains

valid and binding. .

X.

Baldo, a rejected suitor, intimidated Judy into marrying him. While she
wanted to question the validity of their marriage two years after the
intimidation ceased, Judy decided in the meantime to freely cohabit with
Baldo. After more than 5 years following their wedding, Judy wants to file a
case for annulment of marriage against Baldo on ground of lack of consent.
Will her action prosper?

(A) Yes, the action for annulment is imprescriptible.

(B) No, since the marriage was merely voidable and Judy ratified it by
freely cohabiting with Baldo after the force and intimidation had ceased.

(C) No, since the action prescribed 5 years from the date of the
celebration of the marriage.

(D) Yes, because the marriage was celebrated without Judy's consent
freely given.

XI.

While engaged to be married, Arnold and Josephine agreed in a public

instrument to adopt out the economic regime of absolute community of property.
Arnold acknowledged in the same instrument that Josephine’s daughter Mary,
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is his illegitimate child. But Josephine died before the marriage could take place.
Does the marriage settlement have any significance?

(A) None, since the instrument containing the marriage settlement is

essentially void for containing an unrelated matter.

(B) Yes, insofar as Arnold acknowledged Mary as his illegitimate child.

(C) None, since the marriage did not take place.

(D) Yes, if they acquired properties while living together as husband and
wife.

XII.

Joseph, a 17-year old Filipino, married Jenny, a 21-year old American in Illinois,
USA, where the marriage was valid. Their parents gave full consent to the
marriage of their children. After three years, Joseph filed a petition in the USA
to promptly divorce Jenny and this was granted. When Joseph turned 25 years,
he returned to the Philippines and married Leonora. What is the status of this
second marriage?

(A) Void, because he did not cause the judicial issuance of declaration of
the nullity of his first marriage to Jenny before marrying Leonora.

(B) Valid, because Joseph's marriage to Jenny is void, he being only 17

years of age when he married her.

(C) Valid, because his marriage to Leonora has all the elements of a valid
marriage.

(D) Void, because Joseph is still considered married to Jenny since the
Philippines does not recognize divorce.

XIII.

Josie owned a lot worth P5 million prior to her marriage to Rey. Subsequently,
their conjugal partnership spent P3 million for the construction of a house on
the lot. The construction resulted in an increase in the value of the house and
lot to P9 million. Who owns the house and the lot?

(A) Josie and the conjugal partnership of gains will own both on a 50-50
basis.

(B) Josie will own both since the value of the house and the increase in
the property’s value is less than her lot’s value; but she is to reimburse
conjugal partnership expenses.
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(C) Josie still owns the lot, it being her exclusive property, but the house
belongs to the conjugal partnership.

(D) The house and lot shall both belong to the conjugal partnership, with
Josie entitled to reimbursement for the value of the lot.

XIV.

Conrad and Linda, both 20 years old, applied for a marriage license, making it
appear that they were over 25. They married without their parents’ knowledge
before an unsuspecting judge. After the couple has been in cohabitation for 6
years, Linda’s parents filed an action to annul the marriage on ground of lack
of parental consent. Will the case prosper?

(A) No, since only the couple can question the validity of their marriage
after they became 21 of age; their cohabitation also convalidated the
marriage.

(B) No, since Linda’s parents made no allegations that earnest efforts
have been made to come to a compromise with Conrad and Linda and
which efforts failed.

(C) Yes, since the marriage is voidable, the couple being below 21 years of
age when they married.

(D) Yes, since Linda’s parents never gave their consent to the marriage.

XV.

Before Karen married Karl, she inherited P5 million from her deceased mother
which amount she brought into the marriage. She later used part of the money
to buy a new Mercedes Benz in her name, which Karen and her husband used
as a family car. Is the car a conjugal or Karen’s exclusive property?

(A) It is conjugal property since the spouses use it as a family car.

(B) It is Karen’s exclusive property since it is in her name.

(C) It is conjugal property having been bought during the marriage.

(D) It is Karen’s exclusive property since she bought it with her own
money.

XVI.

Separation of property between spouses during the marriage may take place
only:
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a) by agreement of the spouses.

b) If one of the spouses has given ground for legal separation.

c) Upon order of the court.

d) If one spouse has abandoned the other.

XVII.

You are a Family Court judge and before you is a Petition for the Declaration of
Nullity of Marriage (under Article 36 of the Family Code) filed by Maria against
Neil. Maria claims that Neil is psychologically incapacitated to comply with the
essential obligations of marriage because Neil is a drunkard, a womanizer, a
gambler, and a mama's boy- traits that she never knew or saw when Neil was
courting her. Although summoned, Neil did not answer Maria's petition and
never appeared in court.

To support her petition, Maria presented three witnesses- herself, Dr. Elsie
Chan, and Ambrosia. Dr. Chan testified on the psychological report on Neil that
she prepared. Since Neil never acknowledged n9r responded to her invitation for
interviews, her report is solely based on her interviews with Maria and the
spouses' minor children. Dr. Chan concluded that Neil is suffering from
Narcissistic Personality Disorder, an ailment that she found to be already present
since Neil's early adulthood and one that is grave and incurable. Maria testified
on the specific instances when she found Neil drunk, with another woman, or
squandering the family's resources in a casino. Ambrosia, the spouses' current
household help, corroborated Maria's testimony.

On the basis of the evidence presented, will you grant the petition?

A. No, because the clinical psychologist was not able to interview Neil. Hence,
her testimony as to Neil is hearsay.
B. No, because it was not proved that the disorder was connected to the
actions of Neil.

C. Yes, the totality of evidence supports the grant of nullity of marriage based
on psychological incapacity.

D. Yes, the illness was proved to be grave, serious, incurable and traced to
Neil’s childhood (juridical antecedence).

XVIII.

X and Y, although not suffering from any impediment, cohabited as husband

and wife without the benefit of marriage. Following the birth of their child, the
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couple got married. A year after, however, the court annulled the marriage and
issued a decree of annulment. What is the present status of the child?

(A) Legitimated.
(B) Illegitimate.
(C) Natural child.
(D) Legitimate.

XIX.

When A and B married, they chose conjugal partnership of gains to govern their
property relations. After 3 years, B succeeded in getting her marriage to A
annulled on ground of the latter’s psychological incapacity. What liquidation
procedure will they follow in disposing of their assets?

(A) They will follow the rule governing the liquidation of a conjugal
partnership of gains where the party who acted in bad faith forfeits his
share in the net profits.

(B) Since the marriage has been declared void not on the basis of lack of
essential and formal requisites, the rule for liquidation of absolute
community of property shall be followed.

(C) The liquidation of a co-ownership applies since the annulment brought

their property relation under the chapter on property regimes without
marriage.

(D) There is nothing to liquidate since there is no marriage in the first

place.

XX.

QR and TS who had a marriage license requested a newly appointed Judge in

Manila to marry them on the dolomite “beach” of Manila Bay. Since the Judge
maintained Manila as his residence, he agreed. The sponsors were all public
officials. What is the status of the marriage?

(A) Valid, since the improper venue is merely an irregularity; all the
elements of a valid marriage are present.

(B) Void, because the couple did not get local permit for a beach wedding.

(C) Voidable, because the Judge acted beyond his territorial jurisdiction
and is administratively liable for the same.

(D) Void, because the Judge did not solemnize the marriage within the
premises of his court.
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XXI.

Mandatory Bonus (1% to 10%)

Give me your best hugot line or your best joke.
(The wittier the higher. If it is related to Family Law the better.
For sure, you already know the jokes that make my heart goes boom.)
If you cannot answer the questions above, focus on your joke.
No hugot/joke, minus 5.

-NOTHING FOLLOWS-