Question 1

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

B

Question 2

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

B

Question 3

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

The relationship by affinity between B and X and Y, the parents of A, remains because of the existence of C, their grandchild. This means that even after A's death, the legal or social recognition of the relationship between B and A's parents persists due to their shared connection to C.

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

The answer of One of the terms and conditions of...

Question 5

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

CB) This choice is correct because under Philippine law, if a Filipino is married to a foreigner (or a former Filipino who became a foreigner through naturalization) and a divorce is obtained abroad by the foreigner which allows him/her to remarry, the Filipino spouse is also allowed to remarry under the principle of "relative divorce." This principle applies even if the marriage was not mixed at the time of its celebration but became mixed due to the naturalization of one spouse.C) This choice is correct because once A, who has embraced American citizenship, obtains a divorce decree in the USA that allows him/her to remarry under American law, A can indeed get married again. This is based on the principle that the legal capacity to marry is determined by the national law of the person concerned.

Question 6

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

Under Philippine law, a foreign divorce decree must be judicially recognized in the Philippines for it to have effect. This means B must go to court in the Philippines to prove the foreign divorce decree according to the rules of evidence before she can remarry.

Question 7

Cris and James got married with Pastor Carlito, a pastor of the Seventh Day Adventists as the solemnizing officer. Cris and James do not belong to the sect where the pastor belongs. Is their marriage valid?

Accepted Answer

The answer of Cris and James got married with Pastor...

Question 8

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

In the Philippines, the legal marrying age is 18. Since B was 16 at the time of marriage, the marriage is considered void from the beginning under Philippine law. However, since the marriage was valid in Hong Kong, A must seek a declaration of nullity from a Philippine court to ensure that the marriage is recognized as void in the Philippines before remarrying. This is to avoid any legal complications regarding the status of the marriage in the Philippines.

Question 9

A, a Russian citizen married B, a Filipina. A divorced B who came back to the Philippines and filed a petition for recognition of the foreign decree of divorce. It was recognized but the RTC of Manila found that A is not capacitated to remarry. Can B get married?

Accepted Answer

Despite the divorce, A's national law does not give him the capacity to remarry. Therefore, B cannot get married because she is still legally married to A under his national law.

Question 10

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

The answer of A and B married. They acquired properties...

Question 11

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

The decree of legal separation has the effect of revoking by implication of law any disposition made in the will in favor of the spouse pronounced guilty, thus, the will's provisions favoring A are automatically revoked.

Question 12

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

Parties to a marriage can agree on a matrimonial property regime different from the default regime (which is the absolute community of property in many jurisdictions) before their marriage through an ante-nuptial agreement, as long as it does not contravene law, morals, or public policy.

Question 13

Within what period should an action for legal separation on the ground of fraud be filed?

Accepted Answer

An action for legal separation on the ground of fraud must be filed within five years from the discovery of the fraud.

Question 14

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

The answer of A and B are married. B, the...

Question 15

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

After a decree of legal separation is granted, the death of one party (A, in this case) does not moot the proceedings related to the aftermath of the legal separation, such as the liquidation of the properties of the spouses. This process is necessary to properly distribute the assets according to the legal separation agreement and applicable laws.

Question 16

What does physical incapacity to consummate marriage mean?

Accepted Answer

Physical incapacity to consummate marriage refers to the inability to engage in sexual intercourse, which is permanent and appears to be incurable, often due to impotence.

Question 17

May a spouse donate to the other spouse during marriage?

Accepted Answer

The answer of May a spouse donate to the other...

Question 18

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

Accepted Answer

The answer of What is the status of a child...

Question 19

If an illegitimate child is recognized by the father, what is the extent of is hereditary right?

Accepted Answer

The answer of If an illegitimate child is recognized by...

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 must file the action for recognition during the lifetime of B, as the right to seek recognition is typically limited to the lifetime of the parent.

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