Question 1

A and B are married, but separated in fact. While in the practice of her profession, B acquired properties. They are governed by the conjugal partnership of gains. Who is/are the owner/s of the properties?

Accepted Answer

The properties acquired by B during their marriage, even if they were separated in fact, are owned by the conjugal partnership unless there's a different agreement or legal provision stating otherwise.

Question 2

A and B lived together as husband and wife. A brought B to the hospital, and paid for the expenses in the birth of C. When the nurse asked B who was the father of the child, she mentioned the name of A but did not sign the record of birth of C. Can the record of birth be admissible in evidence as proof of filiation?

Accepted Answer

The record of birth cannot be admissible as proof of filiation because it would allow a woman to easily claim a legitimate status for a child without proper legal acknowledgment or evidence, potentially leading to fraudulent claims.

Question 3

A and B lived together as husband and wife, resulting in the birth of C. A recognized his son, C in the record of birth. What is the surname of C?

Accepted Answer

C may carry the surname of A, but it is not mandatory. The choice of surname can depend on the parents' decision or legal stipulations in their jurisdiction.

Question 4

A and B both Filipinos are married. A was convicted of the crime of murder. They sought your advice whether they can adopt C, a relative by consanguinity of B. What is your advice?

Accepted Answer

A cannot adopt because a conviction of a crime involving moral turpitude disqualifies a person from adopting.

Question 5

A and B have ten (10) children but wallowing in poverty. C, a relative of A wants to adopt two (2) of their children so that the economic situation of the children will be assured. If you were the judge, how would you decide the petition?

Accepted Answer

The answer of A and B have ten (10) children...

Question 6

A has been using the name Pedro since birth although his record of birth shows that his name is Juan. He is now 25 years old and about to take the Bar Exams. How can he use the name Juan when he will take the Bar Exams?

Accepted Answer

The answer of A has been using the name Pedro...

Question 7

A, a 17-year old girl had a relationship with B, 25 years old. A child C, was born when A was only 17. When A reached 21 years, they got married. Can the child be legitimated?

Accepted Answer

Legitimation occurs when the parents of a child born out of wedlock, who were not disqualified by any impediment to marry each other at the time of the child's conception or birth, marry each other. In this scenario, since A and B married when A reached the age of consent, their child C can be legitimated, assuming there were no other legal impediments to their marriage at the time of conception or birth.

Question 8

X and Y are married. They were leasing a parcel of land in 2007; they constructed a house on the leased lot valued at ₱1M and resided thereon. While in business, they incurred liability from Z who sued them for failure to pay. Judgment was rendered and it became final and executory. Can the house be levied upon?

Accepted Answer

The answer of X and Y are married. They were...

Question 9

A and B are married. B filed an action for legal separation on the ground of sexual infidelity of A which was granted. Can A inherit from B?

Accepted Answer

A can inherit from B under the law of testate succession if B specifically includes A in their will, despite the legal separation.

Question 10

A and B are married. They have a daughter C who has a 5-year old child. C went to Hongkong to work for 2 years and left the child to the custody of X and Y who are not related to them. When A and B learned about the departure of their daughter, they demanded the surrender of the custody of their granddaughter, D to them, but X and Y refused, hence A and B sued X & Y for habeas corpus. When the order was served upon them, they produced the body of the child. The court dismissed the petition immediately. Is the dismissal correct?

Accepted Answer

The court should have heard the case to determine the best interest of the child, which is the paramount consideration in custody cases, rather than dismissing the petition immediately upon the child being produced.

Question 11

A & B, without the benefit of marriage lived together as husband and wife. They had no legal impediment to marry one another. A was engaged in business. B was at home taking care of their children and the household chores and helping A once in a while in the business but without any compensation. If the relationship ends, is B entitled to a share?

Accepted Answer

B is correct because in many jurisdictions, long-term partners who live together without being married but present themselves as a couple and share domestic responsibilities are often recognized under common law or domestic partnership laws. These laws can presume that both partners contribute to the partnership, allowing for the division of property acquired during the relationship, even if one partner did not contribute financially. This acknowledges non-monetary contributions to the relationship, such as homemaking and childcare.

Question 12

A & B are married. They have a child C, who is in grade 3 at the West Central Elementary School, Dingras, Ilocos Norte. While inside the classroom, C, stabbed D with his pencil resulting in injuries. Is the teacher liable?

Accepted Answer

The teacher can be held liable for the acts of the student under their supervision but can defend themselves by proving they exercised the diligence of a good father of a family, which means showing they took reasonable measures to prevent such incidents.

Question 13

X & Y are married. They have a daughter who is 5 years old. They are living separately in fact. Y left the custody of her child to Z, her sister and went to live with S, a married man. S & Y wanted to get back the custody of Z. Will the action prosper?

Accepted Answer

The action will not prosper because the court may consider the environment provided by S and Y as immoral, which could hinder the moral development of the child.

Question 14

A & B, without the benefit of marriage lived together as husband and wife. They begot C. A, the father adopted C to elevate him to the status of legitimacy. What is the middle name of the child?

Accepted Answer

The answer of A & B, without the benefit of...

Question 15

Jennifer was born an intersex and registered as a female. As she was growing up, there was no development of her female sexual organ and her breast. But there was more development of her male organ, hence, she filed a petition for correction of entries in her record of birth from female to male and to change her name from Jennifer to Johnny. Will the petition prosper?

Accepted Answer

A person born intersex can choose their gender identity upon reaching the age of majority, and the law often allows for the correction of official records to reflect this identity.

Question 16

Which is not a proof of filiation?

Accepted Answer

A baptismal certificate is not considered a legal proof of filiation as it does not necessarily establish a legal parent-child relationship in the eyes of the law. It is a religious document and does not have the same legal standing as a birth record or a will recognizing a child.

Question 17

A and B got married without the benefit of a license. During the marriage, A left B and got married to C, hence, B sued A for bigamy. In the meantime A sued B for declaration of nullity of their marriage and moved for the suspension of the criminal case. Will the action prosper?

Accepted Answer

The motion cannot be granted as it is not a prejudicial question. A prejudicial question is one that arises in a case the resolution of which is a logical antecedent of the issue involved in the current case, and the cognizance of which pertains to another tribunal. The determination of the nullity of the first marriage is not a prejudicial question to the criminal case of bigamy, as the crime depends on the fact of the second marriage while the first is subsisting, not on the validity of the first marriage.

Question 18

A and B are married. They have properties including a family home. B predeceased her husband A. Before A died, he executed a will instituting his wife and children, C, D & E. The family home was willed unto C, hence, he is now claiming to be the exclusive owner of the house & lot. Is C correct?

Accepted Answer

The answer of A and B are married. They have...

Question 19

A, a man & B, a woman, lived together as husband and wife without the benefit of marriage, resulting in the birth of C. A signed the record of birth of C. Who has a better right of custody over C?

Accepted Answer

B has a better right of custody over C because, in many jurisdictions, the mother of an illegitimate child is granted primary custody rights unless proven unfit. Recognition by the father does not automatically grant custody rights but does entail support obligations.

Question 20

A & B are married. They have children, C & D. After A died, B gave birth to E. the children suspected that E is not the child of their father. Who can impugn the legitimacy of E?

Accepted Answer

Under many legal systems, children born during a marriage are presumed to be the legitimate offspring of the couple. However, siblings (C & D) have the standing to challenge the legitimacy of a sibling (E) born after the death of one parent (A) if there are grounds to believe that the child is not a biological offspring of the deceased parent. This is because the legitimacy of a child can have implications on inheritance and familial rights.

Quiz 12: Family Law: Filiation, and Custody