Pfr-Finals-2021 231107 234903

Atty.
Eliza Yamamoto-Santos
Persons and Family Relations
Final Exam 1st Sem, SY 2020-2021
Directions:
You may type your answers in MS Word [Font size 12. Single Space. Times New
Roman] or use any clean sheet of paper to write your answers. Once done, please
send me the file in pdf/screenshot of your answers to [email protected]
with subject matter: Year and Section_Last Name_Finals_Persons [Time
Completed].

DO NOT POST THIS ONLINE/ON YOUR PERSONAL FACEBOOK OR SOCIAL MEDIA
ACCOUNTS. Please delete after the exam.

You have two hours for this exam. STOP ANSWERING AT EXACTLY 6 PM. I will only
accept exams until 6:30pm.
Read each question carefully. Always state your legal basis when answering, a
mere YES or NO answer will not merit any point. DO NOT STATE PROVISIONS
VERBATIM, explain the provisions as basis for your answers.
1. Pen and Colin got married on March 15, 1976. Colin purchased a P200,000
house and lot in Makati City on January 1, 2972. The village where Colin
purchased his property was developed and is now known as Forbes Park in
Makati City. Pen and Colin were married for 20 years before they decided to
have their marriage annulled. Pen and Colin listed the following properties
for liquidation during their annulment:
a. Colin’s Forbes Park Property which is now worth P150Million.

b. P10Million from the proceeds of the sale of Colin’s vintage car which he
purchased while he was still single.
c. Jewelries worth P10Million.
d. P50Million lottery winnings of Pen from a ticket gifted to her by her best
friend Marina.
e. Php25Million Retirement pay of Colin from a multinational corporation
and Php10Million Gratuity given as a personal gift by the Chairman of the
corporation to Colin.
What properties mentioned above form part of the property regime of Pen
and Colin? Explain your answer. (15pts.)
2. Juan dela Cruz and Maria Cruz got married on August 1, 2010. Juan was
previously married to Antonia with whom he has five legitimate children.
Antonia died on March 5, 2008. Juan and Antonia accumulated several
properties during their marriage including a Php40Million house and lot in
Pasig, jewelries, Php10Million worth of shares invested in COL Financial, and
five luxury cars.
The father of Maria gave Maria a Php20Million house and lot at the time of
her marriage to Juan. Ten years into their marriage, Maria decided to sell the
property donated by his father for Php60Million. Juan earns Php50,000 from
the rental income of the Php40Million property which he purchased from his
previous marriage.
What properties mentioned form part of the property regime of Juan and
Maria? Explain your answer. (15 pts.)
3. Juancho and Maxene got married on January 15, 1980. Prior to getting
married, Anton, the best friend of Juancho borrowed Php1Million from the
latter to finance his business. Anton would pay interest to Juancho in the
amount of Php5,000.00 per month. Anton paid Juancho the money that he
borrowed on June 20, 1985. Maxene claims that she is entitled to half of the
interest and principal amount of the loan, however Juancho claims otherwise.
Who between Maxene and Juancho is correct? Defend your answer. (5pts.)
4. Andres and Andrea got married on May 15, 2012. During their marriage,
Andrea found out that Andres was afflicted with a sexually transmissible
disease that can be cured within a period of 10 months. Andrea felt betrayed
when she found out about the condition of Andres but she did not do
anything about it. When their marriage was not working out, Andrea filed an
action for annulment claiming that Andres concealed the fact that he was
afflicted with STD at the time of their marriage. Is Andrea correct and will the
action prosper? Why or why not? Defend your answer. (5 pts.)
5. Mario and Maria were married for 10 years and blessed with 5 children. They
decided to have their marriage annulled and while the annulment proceeding
was ongoing, Maria met Alfred and they fell in love. The marriage of Mario
and Maria was annulled and Maria and Alfred got married without
liquidating the properties of the prior marriage and delivering the
presumptive legitime of her children. Maria and Alfred have one child, whom
they named Aldrin. What is the status of the marriage of Maria and Alfred
and what is the status of Aldrin? Defend your answer (10 pts.)
6. Joe and Cha are living together as husband and wife without the benefit of
marriage. They do not have any legal impediment to marry but they do not
want to commit to marriage. Joe stays at home while Cha works as a
Pediatrician. During their union, Cha was able to purchase 4 condominium
units, 1 house and lot, Php1Million worth of shares of stock and a luxury
vehicle. When their union did not work out, Joe asked for half of all the
properties accumulated during their union.
a. Is Joe entitled to half of the aforementioned properties? Why or why not?

(5pts.)
b. Will your answer be the same if Cha was married to Constantine while
living with Joe? Why or why not? (5 pts.)
7. Archie and Maria are husband and wife and they have one child, Liam. Anton
and Antonia are husband and wife and they want to adopt Liam. Anton and
Antonia have five children aged 20, 17, 13, 9 and 5 years old. Anton has a 15
year old son from a previous relationship who lives with his mom and whom
he sees weekly. Archie and Maria allowed Liam to live with Anton and
Antonia while the adoption proceedings were being finalized. One day, while
Liam was playing, he pushed his playmate who hit his head on the pavement.
The neighbor had to be confined for 5 days and the parents of the neighbor
sued Archie and Maria for damages for the acts committed by Liam.
a. Who shall be liable for the action of Liam? Defend your answer. (5 pts.)
b. Whose consent is/are necessary to adopt Liam? Explain your answer.
(5pts.)
8. State whether the marriage is valid, void or voidable and explain your answer
in not more than 3 sentences. (2 points each./total of 10pts.)
a. A marriage solemnized by a judge outside of his jurisdiction where a

sworn request was filed by the parties to solemnize the marriage at a
different venue.
b. A marriage solemnized where the husband did not disclose that he got
another woman pregnant at the time of his marriage.
c. A marriage solemnized where the husband concealed the fact that he was
suffering from aneurysm.
d. A marriage where there was lack of parental consent.
e. A marriage between a step brother and a step sister.
9. Mark and Maria were a couple. When they broke up, Maria did not tell Mark
that he got her pregnant. Maria gave birth to their son, whom he names
Mario. When Mario was of age, he wanted to establish his filiation and sought
your advice. What legal advice will you give Mario to prove his filiation with
Mark? (5 pts.)
10. What is the difference between Special and Substitute Parental Authority? (
5pts.)
11. Mario and Maria got married on March 1, 1987. Prior to their marriage, Mario
purchased a lot in an exclusive subdivision in Quezon City worth P10Million.
The couple agreed to build a house on the lot of Mario to be used as their
family home. When the construction was finished, the value of the property
(house and lot) is now Php15Million.
a. Will the house and lot form part of the property regime of the spouses?
Defend your answer. (5 pts.)
b. What is the effect if the lot purchased by Mario is paid by installments and
ownership was vested at the time of marriage? (5 pts.)
- Nothing Follows –

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Atty.

a. Colin’s Forbes Park Property which is now worth P150Million.

a. Is Joe entitled to half of the aforementioned properties? Why or why not?

a. A marriage solemnized by a judge outside of his jurisdiction where a

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