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2006 Question Number 16-2 2.

Article 36 of the Family Code provides that a marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall be void. Choose the spouse listed below who is psychologically incapacitated. Explain. a) Nagger b) Gay or lesbian c) Congenital sexual pervert d) Gambler e) Alcoholic

2006 Question Number 4-1 Gigi and Ric, Catholics, got married when they were 18 years old. Their marriage was solemnized on August 2, 1989 by Rics uncle, a Baptist Minister, in Calamba, Laguna. He overlooked the fact that his license to solemnize marriage expired the month before and that the parties do not belong to his congregation. After 5 years of married life and blessed with 2 children, the spouses developed irreconcilable differences, so they parted ways. While separated, Ric fell in love with Juliet, a 16 year-old sophomore in a local college and a Seventh-Day Adventist. They decided to get married with the consent of Juliets parents. She presented to him a birth certificate showing she is 18 years old. Ric never doubted her age much less the authenticity of her birth certificate. They got married in a Catholic church in Manila. A year after, Juliet gave birth to twins, Aissa and Aretha. (1) What is the status of the marriage between Gigi and Ric valid, voidable or void? Explain.

1995 Question Number 6-1 On 10 September 1988 Kevin, a 26-year old businessman, married Karla, a winsome lass of 18. Without the knowledge of their parents or legal guardians, Kevin and Karla entered into a n a n t e - n u p t i a l c o n t r a c t t h e d a y b e f o r e t h e i r m a r r i a ge s t i p u l a t i n g t h a t c o n j u ga l p a r t n e r s h i p o f ga i n s s h a l l g o ve r n t h e i r ma r r i a ge . A t t h e t i me o f t h e i r m a r r i a g e K e vi n ' s e s t a t e w a s w o r t h 5 0 Million while Karla's was valued at 2 Million. A month after their marriage Kevin died in a freak helicopter accident. He left no will, no debts, no obligations. Surviving Kevin, aside from Karla,are his only relatives: his brother Luis and first cousin Lilia. 1) What property Relations governed the marriage of Kevin and Karla? Explain. 1991 Question Number 6-C c ) Is t h e r e a n y l a w w h i c h a l l o w s t h e d e l i v e r y t o c o m p u l s o r y h e i r s o f t h e i r p r e s u m p t i ve legitimes during the lifetime of their parents? If so, in what instances?

1999 Question Number 4 Ben and Eva were both Filipinos citizens at the time of their marriage turned sour, Ben went to small country in Europe, got himself naturalized there, and their divorced Eva in accordance with the law of the country. Later, he returned to the Philippines with his new life. Eva now wants to know what action or actions she can file likewise marry again. What device can you give her?

1992 Question Number 2-A In 1989, Rico, then a widower forty (40) years of age, cohabited with Cora, a widow thirty (30) years of age. While living together, they acquired from their combined earnings a parcel of rice land. After Rico and Cora separated, Rico lived together with Mabel, a maiden sixteen (16)years of age. While living together, Rico was a salaried employee and Mabel kept house for Rico and did full-time household chores for him. During their cohabitation, a parcel of coconut land was acquired by Rico from his savings. After living together for one (1) year, Rico and Mabel separated. Rico then met and married Letty, a single woman twenty-six (26) years of age. During the marriage of Rico and Letty, Letty bought a mango orchard out of her own personal earnings. a) Who would own the rice land, and what property Relations governs the ownership? Explain.

2005 Question Number 4-A Steve was married to Linda, with whom he had a daughter, Tintin. Steve fathered a son with Dina, his secretary of 20 years, whom Dina named Joey, born on September 20, 1981. Joeys birth certificate did not indicate the fathers name. Steve died on August 13, 1993, while Linda died on December 3, 1993, leaving their legitimate daughter, Tintin, as sole heir. On May 16, 1994, Dina filed a case on behalf of Joey, praying that the latter be declared an acknowledged illegitimate son of Steve and that Joey be given his share in Steves estate, which is now being solely held by Tintin. Tintin put up the defense that an action for recognition shall only be filed during the lifetime of the presumed parents and that the exceptions under Article 285 of the Civil Code do not apply to him since the said article has been repealed by the Family Code. In any case, according to Tintin, Joeys birth certificate does not show that Steve is his father. a) Does Joey have a cause of action against Tintin for recognition and partition? Explain.