ATTY.
DIZON PERSONS AND FAMILY RELATIONS RECIT QUESTIONS ARTS 27-51, NCC
Note: If there are no questions listed under the topic, then either Atty. Dizon did not
ask any under that topic or I was absent for that meeting.
AY 2016-2017
ARTS 1-18, NCC
1) What is law? What are the kinds of law?
2) What if there is a law which provides that it shall take effect immediately, is it
valid?
3) What is a publication? Newspaper?
3a) Is FHM/Playboy Magazine a newspaper?
3b) What about newsletters? Comics?
4) You are turning 18 tomorrow. Can you get married today?
4a) Basis for the age exception to the computation of period?
5) You may avail of a tax refund within the period of 1 year from January 1. When
is the last day?
5a) Supposing it is not a leap year?
6) Today, August 2 2016, a new law was passed stating that it shall take effect
January 1 2016. It was published today.
7) Prospective vs. retroactive
7a) If it is procedural, is its retroactivity automatic?
7b) Can a penal law lowering the sentence but minimizing indemnity be given
retroactive effect?
7c) Even if it affects the rights of the victim or his heirs?
8) When you bought a Honda car, it came with an agreement that said car cannot
be used as a taxi. However, you needed the money so you used it. Honda sued.
Can it?
9) Supposing you joined a sorority or gang and you died during the initiation. Can
your family sue (in relation to waiver of rights)?
10) What is the minimum age required in the PH to buy liquor?
10a) In the US, 21 is the minimum age. Can you buy liquor there when you are
only 20?
10b) Supposing an 18-year-old American buys here. Can he?
11) Supposing at 20, you wanted to get married in a country where 21 is the legal
age to get married. Can you?
11a) A 20-year-old from the same country referred to above went to PH. Can he
get married?
12) Supposing you have a car. You sent it to your Japanese son who is in New York.
ARTS 19-26, NCC
TRAX | 1W/1P | 1516/1617
1) Can you file a civil and criminal case simultaneously?
1a) Discuss Arts 32, 33, 34, and 2177, NCC
1b) Why is the civil case suspended?
2) What is a prejudicial question?
2a) What are the requisites?
3) Are you a person? Why?
3a) Does having juridical capacity make you a person?
3b) If you are a foreigner, are you a person (legally) in the PH?
3c) If you are born here, are you automatically a Filipino? Do we apply jus soli?
3d) Under the Constitution, who are citizens?
4) Are you a person? Who is a person?
4a) A fetus is born but died after an hour. Is he a person?
4b) Upon conception, are you already a person? Why?
4c) If you are a foreigner, are you a person?
4d) Do you have personality?
ARTS 1-10, FC
1) What is marriage?
1a) Explain ordinary vs. special contract.
1b) Why does the law use the term “inviolable”?
2) What are the requisites of marriage?
2a) Supposing you are marrying a foreigner who is a minor.
2b) What if you are 15?
2c) What if you get married abroad?
3) Supposing a man and a woman went to a judge. The judge was in the toilet. The
judge put himself on speaker. The dog is the ringbearer. They signed the
marriage certificate with the dog as witness. Status of marriage?
3a) What if there are no other irregularities except for the dog?
3b) What if the witness was a human, of legal age?
3c) What if there are two witnesses, one is deaf and one is blind?
3d) Supposing that even if the judge is in the toilet, they can hear each other?
3e) Was there a ceremony in the first place?
3f) What if it was a video conference?
3g) What if in said video conference, one is in Australia, one is in Japan, and one
is in the US?
4) What if the solemnizing officer just said, “you may kiss the bride”
4a) No ceremony but the parties signed the marriage certificate
5) What if one of the parties is from Thailand, a transgender, and the other a
Filipino guy. According to Thai laws, she is a woman.
5a) So do PH laws take precedence over Thai laws?
5b) So procreation is the main purpose of marriage?
6) What do you mean by personal declaration?
1
 6a) What if it is a video conference?
ARTS 11-34, FC
1) Supposing you, an orphan, decides to marry a refugee. What will you do?
2) Supposing you are deaf-mute and you are marrying someone who is deaf-mute
and blind?
2a) What about the capacity to act?
3) Supposing you are to marry a 15-year-old American. What will you do?
3a) Is birth certificate sufficient for the American? Why?
3b) What if there is no diplomatic relations between our country and the
country of the person you are marrying, i.e. there are no diplomatic or consular
offices?
4) Supposing you are marrying a guy who is previously married. What will you do?
4a) What if there is a legal impediment?
4b) Will the issuance of the marriage license be stopped?
4c) What is the reason behind this?
5) Supposing you are a member of a tribe and your girlfriend is a member of
another tribe. You live in the mountains. What will you do?
VOID/VOIDABLE/LEGAL SEPARATION
1) Enumerate the void marriages.
2) Can you marry the son of your great-great-grandfather?
2a) What if you are adopted?
2b) What about the biological brother of your adopted brother?
3) Supposing you are married and your soulja boy does not salute. What is the
status of your marriage?
3a) What if it is curable?
4) What if you are married to a guy whose soulja boy does not spit baby gravy?
5) Supposing you married a guy whose soulja boy does not salute, but you are
aware of such fact and still married him.
5a) What if you are frigid?
6) What if your partner has STD. Status?
6a) What if you knew he has STD and still married him?
6b) What if you did not know about it but it is curable?
7) What if you married your girlfriend and found that she already has a kid?
Status?
8) Grounds for LS
9) Supposing you are a homosexual, and did not inform her. Then, your wife
engaged had an affair with a woman. Is there a ground for nullity, annulment,
legal separation?
10) Supposing your husband got fired by his employer, which led him to always go
home in a drunken state. Is there a ground for nullity, annulment, legal
separation?
TRAX | 1W/1P | 1516/1617
11) Supposing you are a drug dealer, convicted but under parole. Is there a ground
for nullity, annulment, legal separation?
12) Supposing you got married to someone who did not know that you had a child
prior to the marriage. Wanting to get even, he had an affair with someone he
eventually married. Prior to the subsequent marriage, he obtained a judicial
declaration of presumptive death. Is there a ground for nullity, annulment, legal
separation?
12a) Why is just concealment of pregnancy and not concealment of a child by
another man or by previous marriage?
12b) Is there a ground for legal separation if you were absent, then reappeared?
13) Procedure for declaration of nullity and its effects.
14) Procedure for annulment and its effects.
15) Procedure for legal separation and its effects.
RIGHTS & OBLIGATIONS BETWEEN HUSBAND & WIFE
1) Supposing you're married to Kyle, who, upon knowing about the scarcity of
male pornstars in Japan, worked there. Can you prevent him from doing so?
PROEPRTY RELATIONS
1) What is a donation propter nuptias?
1a) Is a wedding ring donation propter nuptias?
1b) Supposing you married Regina. Prior to the marriage, you received a house
& lot from her parents.
2) Can you donate to your wife?
2a) Regardless of what the property regime is?
3) Can a donation propter nuptias be revoked?
4) What properties are community and what are exclusive?
5) Supposing you gave an engagement ring to your fiancé, then got married. Is the
engagement ring community property or exclusive property?
5a) How about the wedding ring?
6) Supposing you joined the Olympics and won a bronze medal, is the medal
exclusive property?
7) Supposing you were previously married, and you brought into your subsequent
marriage properties w/c were exclusive in said former marriage. Will it be
exclusive?
8) Supposing your friend gave you a diamond-studded underwear for your
birthday. Exclusive or community?
9) Charges against community property.
10) Supposing you had a penis enlargement, can the doctor collect from your wife?
11) Discuss SOP
12) Is it possible to have common property if their regime is SOP?
13) What is Art. 147? Recite the provision in verbatim.
13a) What are the marriages under Art. 147?
2
 13b) What if there is no marriage license.
14) What is Art. 148? Recite the provision in verbatim. PARENTAL AUTHORITY
14a) Distinguish Art. 147 from Art. 148. 1) Supposing you got raped by 3 gentlemen, all 19 years of age, inside the
classroom. Who can you sue?
THE FAMILY 1a) Same scenario except that all 3 live with their respective grandparents.
1) Who are the members of your family? 1b) Will your answer be the same if they were 17 years old?
2) Are in-laws part of the family? 1c) Same scenario except that 1 of the parents of the 1st is in jail; one of the
3) Can you sue your family? parents of the 2nd is insane; and one of the parents of the 3rd is abroad and the
4) Supposing you live in a dorm and your siblings are also staying there w/ you. former lives w/ his grandparents. One of the 3 gentlemen works as a pornstar.
Only the help is in your house in Antipolo. Your parents went abroad. Can that 2) Grounds for suspension & termination of parental authority.
home be attached if your parents have creditors? 3) If your parents are on a vacation abroad, will your grandparents exercise
4a) Is it still a family home? substitute parental authority?
4b) Supposing the house is the house of the parents. Can it be considered a
family home? EMANCIPATION
5) Supposing your family home is worth 10M today. At the time of its constitution,
it's worth 300K. You have a debt worth 9M. Can the creditors go after the family SUMMARY JUDICIAL PROCEEDINGS
home? 1) Discuss everything.

PATERNITY & FILIATION FINAL PROVISIONS

1) What is paternity and what is filiation?
2) Supposing you're the illegitimate child of your father, but he does not FUNERALS
acknowledge you. How do you prove filiation? 1) Supposing you're married to Lee Min Ho. You died, and prior to your death you
2a) Supposing your father has been texting you. Can you use that to prove? were separated in fact. You had cancer and your parents were the ones who
2b) How about selfies & pictures w/ your father (when you were born, your took care of you. You had 5 kids. Your spouse wants you cremated; your parents
baptism, your graduation, etc.) Can you use these? wants you buried in Mt. Apo; and your kids want you mummified. Whose
2c) E-mail? decision will prevail?
3) Supposing the bestfriend of your father had an affair w/ your mother, the fruit 1a) Is the burial in Mt. Apo allowed?
of w/c is you. Can your biological father go to court and prove that you are his 1b) What if you were executed abroad?
biological child using DNA?
3a) Since your father did not file, can your biological father file instead? USE OF SURNAMES
3b) How about the heirs of the husband? Is it just the husband alone who has 1) Discuss everything.
the right?
3c) Can your siblings file? ABSENCE
4) Can you impugn your own legitimacy? 1) What is the process if your spouse is absent

ADOPTION CIVIL REGISTER

1) Who may adopt according to Domestic Adoption Act of 1995? 1) Discuss everything.
2) Can you adopt your older brother?
3) Who may be adopted?
4) Can your older brother adopt you? AY 2015-2016
5) Procedure for Domestic Adoption.
ARTS 1-18, NCC
SUPPORT

TRAX | 1W/1P | 1516/1617 3

1) What [laws] should be published? Should the Constitution be published? ((If
yes)), why? ((If it's because of Article 2 of the Civil Code, so does the Civil Code
take precedence over the Constitution?))
1a) should *laws* in your barangay be published? Why or why not?
2) Should Supreme Court decisions be published?
3) X is a 20 year old Filipino who wants to buy liquor while in the US (where liquor
can only be sold to 21 year olds and older). Can X purchase liquor in the US?
3a) Y is a 20 year old American who wants to buy liquor while in the Philippines
(where liquor can be sold to 18 year olds and older). Can Y purchase liquor in
the PH?
4) A same sex married couple from the US visits the Philippines, are the considered
married here? A male Filipino, X, marries a male American, Y, in the states;
when they visit the PH, are they considered married?
5) An American--who is married to a Filipino and living in the Philippines, who
owns properties in the US, in the PH and in Canada--decides to execute his will
in Canada. The will follows the format and laws of Canada. In the will, the
American leaves his PH property to a dog ((which is okay in Canada but not in
the US and the PH)). Will the will be recognized in the PH?
6) You are 17 years old and your birthday is tomorrow, can you get married
TODAY?
7) You overpaid your taxes on January 1, 2015 and you have two years to reclaim
for the refund...when is the last day you can get a refund? WHAT IF there is a
revised administrative code--which is released after the BIR tells you about the
original deadline--that says One Year is composed of 12 Months, where a Month
is made up of 30 days [2 (30 x 12)]. When will be the new deadline? Will there
be a new deadline?
8) You live in Cubao and the school you attend is across from your house. For
many years, what you've done to get to school is to cross the street and not use
the overpass. Everyone does the same thing and jaywalks. The local law
enforcers don’t reprimand you or the others all this time. Suddenly, one day,
you get hit by a bus. Is the bus driver liable? What if the driver was drunk
during the fact? ((Tapos nagtanong siya about rights and waivers? Sorry, I got
lost here))
9) X and Y decided to have drinks one night. They get drunk and X apparently says
things to Y about her, which Y finds hurtful. Y isn’t physically hurt, X didn’t
slander Y...if you are the judge, is there a case that you can accept?
ARTS 19-26, NCC
1) Articles 19, 20 and 21; what are the distinctions?
2) How do you abuse a right?
3) What is "damage without injury?" Give an example.
TRAX | 1W/1P | 1516/1617
4) A, a male Filipino, promised to marry, B, another male Filipino in the US. They
engage in carnal knowledge. Soon after, A backs out of wanting to marry B. Is
there a breach of promise to marry?
5) What is "solutio indebiti?" Illustrate.
6) Suppose that you live in Tacloban when Yolanda strikes. Everything is a mess.
The day after, you decide to buy a Ferrari. Your neighbor feels offended; can he
stop you from buying the car? Who can stop you?
7) Suppose that somebody inadvertently sends you P50.00 load to your phone, are
you obliged to return it? What if you thought it was meant for you, are you
liable?
8) Suppose that there is an earthquake, and because of this your pet tiger escapes
and kills your neighbor, are you liable for the death of your neighbor? What if
your tiger eats your neighbor's pet are you still liable?
9) Suppose that there is an earthquake and your neighbor's dog escapes and ends
up where your tiger is kept, and the tiger eats the dog...are you liable?
10) What is "accion in rem verso"? Illustrate.
11) Supposing that X flagged down a taxi, and X found out that the driver is of a
certain nationality A, AND then exits the taxi merely because the driver is A...is
there an abuse of right? Is X liable? What if the driver says he is offended, is X
liable?
ARTS 27-51
QUIZ: When will/can a plaintiff file for separate civil case?
1) Supposing robbers entered your house and you called the police station; they
took a while to respond. Are they liable? What if it wasn’t intentional on their
part/what if they can provide a valid reason as to why they were delayed, are
they still liable? What about if instead of a police station, you called the
barangay captain/tanod? Are they liable?
1a) Differentiate Article 34 from Article 27....
1b) What is Malfeasance? Misfeasance? Does it apply to the situation in (1)?
How does it apply to Art 27?
2) Suppose you put up a business called "Going Bananas in Pajamas," can the
producers of Bananas in Pajamas sue you?
3) You put up a fast food place and called it Jollicee* (used a Bee swimming in the
sea as a mascot), can Jollibee sue you?
4) Illustrate an example for Unfair Competition.
5) Supposing somebody filed a civil case against you. This person got physically
injured by virtue of negligence; you were sued civilly for damages. After a few
months, he sues you criminally. What will you do?
5a) If the civil case was filed first before the criminal case....?
5b) *"double recovery" was mentioned? I think.
6) What is a prejudicial question? Give an example.
4
7) Who is a person? What is personality? Differentiate juridical capacity and
capacity to act. Illustrate the distinction.
8) When is a person considered born? When does it get personality? Does an
unborn child have personality? Capacity to act? Juridical capacity?
9) Juridical Persons. Discuss.
9a) How does juridical persons differ from natural persons?
10) Who are considered citizens? According to the civil code? According to the
(new) constitution?
ARTS 1-21, FC
1) What is marriage? How does marriage differ from other contracts? Why is it a
special contract? How many parties are involved in a marriage?
1a) What does the phrase "conjugal and family life" mean?
2) What are the requisites of marriage?
2a) Supposing you’re engaged to a 16 year old foreigner (who is considered an
adult in his country). You decide to get married here, can you?
3) Supposing you married a deaf-mute who does not know how to read and write.
What is the status of your marriage? Can you get married?
4) Supposing your fiancé had a stag party the day before the marriage. He has a
hangover. He says his vows in the ceremony. What is the status of your
marriage? What if he was drunk instead of hungover?
5) Supposing you’re in Australia, your fiancé is in the US the solemnizing officer
you wish to officiate is in Japan. (Note, you’re all Filipino citizens). The marriage
license issued to you i the Philippines is about to expire, so you decide to get
married by conference-calling your fiancé and solemnizing officer. (Note,
conference-call-marriage is allowed in Japan, US and Australia). Is the marriage
valid?
5a) Can Filipinos have quickie weddings in Vegas? So Filipinos can be married
by Filipino solemnizing officers/Philippine-authorized solemnizing officers?
Can we recognize marriage solemnized abroad as valid here? Why?
6) Why does our law require personal appearance? Why are proxies not allowed
for contracting parties? What is the wisdom behind this rule?
6a) Supposing you’re in the US with your fiancé (you are both Filipino). The
fiancé gets sick, and asks a friend to stand in for him? Is the marriage valid?
7) Supposing your husband-to-be has his pet dog stand as his Best Man, is the
marriage valid? So if the dog puts his paw as a signature on the marriage
certificate as a witness, is the marriage valid?
7a) Let's say the witnesses are insane, is the marriage valid?
8) Supposing the priest was having a stomachache right before the marriage
ceremony and he rushes you through it ("Alam niyo na gagawin niyo diba?
Basta kiss the bride sa huli.") Is the marriage still valid?
TRAX | 1W/1P | 1516/1617
9) Supposing you’re an orphan (you don’t who your parents are and you are
believed to have been born in the streets). You meet a stateless refugee and you
fall in love. You decide to get married. Can you? What are the steps if you can?
ARTS 22-VOID
1) What is a marriage contract? What can be/are other proofs of marriage?
1a) What is the effect of failure to sign a marriage certificate?
2) Who prepares the marriage certificate? Is there a form? A format?
2a) Who prepares it? Is there a period in which a solemnizing officer must
submit/process the marriage certificate?
2b) So if there's a war, the military officer (in this case, the solemnizing officer
of your marriage) should comply with the due date?
3) Exceptions to the marriage license requirement?
3a) Supposing you have cohabited with a foreigner for five years, but during
that time he still has a spouse back in his country (for all intents and purposes,
they are separated...EXCEPT legally). Your cohabitant's marriage is FINALLY
dissolved when the spouse dies. Can you get married validly? ((I think the
question here is supposed to focus on the legal impediment prior to the
ceremony))
4) Do two 18 year olds still need a marriage license after cohabiting for 5 years
(starting from when they were still 13 year old)?
5) You are residing in Batanes. Your fiancé is residing in Jolo. Do you still need a
marriage license?
6) Supposing your fiancé is Muslim, you converted during the wedding. You did
not get a marriage license. Is the marriage valid? So are Muslims exempt from
the Family Code (re: getting marriage license)
6a) What if a Muslim couple decided to get married with a judge as the
solemnizing officer, do they need a marriage license?
7) If you and your fiancé are in a remote place, with no money do you still need a
marriage license? What if you’re rich and there's no transportation (land and
sea) available for you EXCEPT for a helicopter that you can afford, do you need a
marriage license? So is the matter of being in a remote place a matter of
financial capacity?
8) Supposing you’re attending mass with your boyfriend, and he suddenly suffers
from a heart attack. So you ask for the priest to solemnize a marriage between
the two of you, believing your boyfriend is about to die. But then, he lives. Is the
marriage still valid?
9) The judge is in the embassy, and a dying person and his fiancé asks the judge
(general consul, consul and vice consul are not available) to solemnize a
marriage. Can the judge do so? What if instead of a judge, it is a justice?
10) Supposing you are having dinner with the general consul at a restaurant abroad,
and your boyfriend suddenly suffers from a heart attack. You ask the GC to
solemnize a marriage, can he?
5
 10a) can a judge solemnize a marriage on a plane?
11) Supposing you are boarding a plane enroute to the US. You are about to board a
Japan-registered plane from a Japanese airport. You met someone--a passenger
on another plane--and fell in love. He suffers from a heart attack, can you ask
the pilot (who is Japanese) to be the solemnizing officer of a marriage? Is the
marriage valid?
11a) Let's say you took the same plane, the pilot is Japanese, is the marriage
valid? What if the pilot says it's not legal/seen as valid for Japan to have a
Japanese pilot solemnize non-Japanese persons into contracting a marriage?
12) You get caught in the war in Libya. You and your fiancé are tourists there. You
ask the military commander for the chaplain, but he says that one was assigned
to them. Can he solemnize the marriage? Is articulo mortis applicable here?
Differentiate "at the point of death" and "danger of death."
12a) Can a judge solemnize articulo mortis? Mayor? Imam? Priest?
13) Can the president solemnize a marriage? The president is the "commander-in-
chief," can he solemnize a marriage?
13a) If you’re a leader of a tribe can you solemnize a marriage?
14) What can void a marriage/are void marriages?
15) Supposing you got married to your fiancé. Your husband gets naturalized as an
American after 5 years. Seeing this as an opportunity, you initiate and file a
divorce. You went back to the Philippines. You contract another marriage. Is the
marriage valid/void?
15a) If your husband can get married again and you can’t, isn’t that unfair?
16) Supposing you have a chatmate and you fell in love with this chatmate. You send
each other pictures, unknown to you though, the pictures he has been sending
you are of his brother. You proposed a marriage and he accepted. You get the
proper paperwork. When he gets here for the ceremony, you realize he wasn’t
the same person in the photos. You married him anyway. Is the marriage void?
16a) Supposing the chatmate has a twin. Unknown to you, your chatmate's twin
in the one you married. Is the marriage void? What if you had known all along
that he was the twin, but you fall in love with him anyway, is the marriage void?
(Hint: can the twin use the marriage license?)
17) State other void marriages? Are there any guidelines to psychological
incapacity?
17a) Your husband is a drug addict. You've know that he was a drug addict ever
since you were just BF/GF. Is the marriage valid?
VOID
VOIDABLE-LEGAL SEPARATION
1) What are voidable marriages?
2) Supposing your fiancé has HIV. You know he has HIV. You marry him anyway.
What is the status of your marriage?
TRAX | 1W/1P | 1516/1617
3) Supposing your fiancé pretended to be related to the Queen of England. Is the
marriage valid?
3a) Let's say you're a princess from Mindanao and the rule of your family/clan
is that you cannot marry non-royalty. Is the marriage valid?
4) Supposing you married an 80 (later turned 90) year old. He is no longer
physically able to engage in sexual intercourse. Is the marriage valid? Why?
5) Supposing you're married. You found out your wife has a child by another man.
What is the status of your marriage?
5a) Let's say the child was born after the marriage and you discovered the child
after the marriage. What is the status of your marriage?
6) Supposing you are a homosexual and you married a woman. You did not tell her
you are a homosexual before the marriage, but you did tell her one month after
the ceremony. She accepted you anyway. But after another month, she found
you in bed with another man. What is the status of your marriage?
6a) So if it is voidable...don't you think your homosexuality falls under
psychological incapacity?
7) When is there fraud?
8) What are the grounds for legal separation?
9) Supposing you're a homosexual and you married a lesbian. Can you file for legal
separation?
LEGAL SEPARATION
1) What are the grounds of Legal Separation?
2) Supposing your fiancé impregnated a woman without you knowing. You
married him. You find out about the child. Can you file for legal separation?
2a) Will this fall under "infidelity?"
3) One night your wife opened your cabinet and discovered your collection of sex
toys. Can your wife file for legal separation?
3a) What if you used the sex toys on yourself?
3b) What if you wanted to use it on/with your wife but she doesn't let you?
3c) Doesn't that fall under perversion? What is perversion?
4) Your husband is a stripper (in a bar? temporary-special-events stripper?), can
you file for legal separation?
4a) What if you didn't know about it and only found out about his job 5 years
after your marriage?
4b) What if he lets other people touch him for extra cash?
4c) Doesn’t this fall under perversion?
5) Supposing you have a child, who was raped by your neighbor. Your husband
killed the neighbor as revenge. (include all aggravating circumstances) It is
murder. Can you file for legal separation?
5a) What if instead of your child, YOU were raped instead?
5b) Let's say your husband saw your neighbor TRYING to rape you. He killed
the neighbor. It was ruled as murder (there were elements missing that it
6
 couldn't be for self-defense [allow it for the sake of the example]). Can you file
for legal separation?
6) Why is Number 4 of Article 55 considered a ground for legal separation? What's
the point? (you're already physically separated and your marriage will not be
void anyway)
7) Supposing your wife caught you with someone in your own bedroom. She was
so mad, she took a gun and shot you--but she missed. Can you file for legal
separation?
8) Suppose A is married to B. B wants to file for legal separation and consulted you.
What will you do? [AKA what is the process/procedure of filing for legal
separation?]
8a) What if they reconcile?
8b) Assuming there was a decree? What are the effects?
8c) What if they reconcile?
9) Supposing you're doubting the fidelity of your husband. One day you planned a
scheme. You told him you were going to visit the province, when you're actually
going to live at your friend's house temporarily. That night, you went back home
and caught your husband in a compromising position with the driver. Can you
file for legal separation?
9a) What if you paid the driver?
9b) What if you paid a prostitute to seduce your husband that night, but when
you went home you met the prostitute on her way out. She told you that she saw
your husband with the driver, so she left. Can you file for legal separation?
RIGHTS & OBLIGATIONS BETWEEN HUSBAND & WIFE
1) What are the obligations of husbands and wife?
1a) Supposing you wanted to live outside of the country because you thought
the status of the Philippines is steadily going downhill, but your spouse wants to
stay. Who would prevail?
2) Supposing during the honeymoon, your husband proposed to do something
(maybe sexually?) that you didn't agree to. Upset, he left the next day for his
mother's house. Can you file for legal separation? Can you force him to come
back?
2a) What if it was you who left the house? Can he ask the Court to compel you to
live with him?
3) Supposing your (house)wife wants a career, so she says that you should hire a
maid to maintain the household and a nanny to take care of the children. But
you want her to stay at home. Who would prevail?
PROPERTY RELATIONS
1) What's the property regime if there's not marriage settlement?
2) When will the marriage settlement take effect?
2a) Can marriage settlements take effect before the marriage?
3) Describe the property relations between husband and wife.
TRAX | 1W/1P | 1516/1617
3a) What do you mean by local customs? Do these no fall under or respect the
family/civil code? When do you apply local customs to govern property
relations?
3b) Does dowry fall under donation propter nuptias?
4) What are donations propter nuptias? Give an example
4a) Can you decide, between the two of you that ALL donations propter nuptias
would belong to your spouse?
5) Supposing you attended a wedding, you gave an electric fan, a microwave, a
washing machine… as a gift. Are those donations propter nuptias?
5a) So donations propter nuptias depend on the amount given?
6) You made a donation propter nuptias. Can you revoke it?
6a) Supposing your boyfriend proposed to your girlfriend. You gave her a
diamond ring. The marriage did not push through. What would happen then? Is
the engagement ring considered donation propter nuptias?
7) What properties are considered to be included in the absolute community? How
about the exclusive property?
7a) Supposing you have an exclusive property that you sold. Where will the
profit be included? What if you used the money earned from selling property to
buy another property, where will that property belong?
7b) Are underwear considered to be part of the absolute community? Jewelry?
Louis Vuitton bags?
8) Charges and obligations against/of ACP?
8a) Supposing your father-in-law got sick, can your wife use the ACP for him?
8b) Supposing your parents gave you money (donation) and you used it in the
business. Nalugi. Can the creditors go after the ACP?
9) How is ACP dissolved and liquidated?
9a) Supposing one of the properties has doubled in value from the time of
acquisition to the time of liquidation. How is it distributed to the spouses?
10) What properties are considered conjugal?
10a) Supposing you have a dog and then got married, bringing said dog into the
marriage. You found out she got impregnated. Is the dog conjugal? What about
the puppies?
10b) Supposing your husband robbed a bank and got 1 million. Is it conjugal or
exclusive?
10c) Supposing you have a watch before marriage. You married. You sold the
watch then bought shoes. Conjugal or exclusive?
11) Supposing you have a land and then you got married. Your property regime is
CPG. You brought said land into the marriage. You bought said land by
installments and paid some of the installments with conjugal funds. The final
installment was paid with your parents’ money. It was then improved using
your salary. Conjugal or exclusive?
12) Distinguish ACP from CPG.
12a) Supposing your husband found a hidden treasure behind the backyard,
worth 10 million. Conjugal or exclusive?
13) Charges in CPG.
13a) Supposing you got addicted to drugs and consequently sent to rehab. Is it
chargeable against the CPG?
14) How is CPG dissolved and liquidated?
7
15) How is CPG liquidated? SUPPORT
15a) Supposing one of the spouses is a foreigner. Same procedure?
16) What are presumptive legitimes? PARENTAL AUTHORITY
16a) Why presumptive?
16b) What if minors?
EMANCIPATION
17) What is the regime of separation of property?
17a) In case of expenses? 1) Are you emancipated (20 years old)?
17b) Is it possible that the properties can be partly reigned by separation of
property and conjugal partnership of property? Is that legal? SUMMARY JUDICIAL PROCEEDINGS
17c) What’s yours is yours and what’s mine is ours (your properties are
exclusive, my properties are conjugal)? FINAL PROVISIONS
17d) Can you convert SOP and make it ACP?
17e) What if legal separation then reconciliation?
FUNERALS
18) Discuss the separation of property? Formalities? What are the grounds?
18a) What is civil interdiction? 1) Discuss everything
19) Is it possible for the future spouses to make an agreement in the marriage 2) What if the family wants to donate the organs of the deceased?
settlements that their property regime will be a separation of property? If so, 3) What if the family wants the body of the deceased to be fed to a lion?
can they have it changed to an absolute community during the marriage? Then, 4) What will happen in the case of Mary Jane Veloso regarding funerals?
can they change it back to separation of property voluntarily?
20) Can a Filipino file a petition for separation of property against a foreigner USE OF SURNAMES
spouse? 1) What is a name? Surname? Middle name?
20a) Can they both file voluntarily for separation of property? 2) Can “Jr.” be added to the name of a girl?
21) Supposing the court decreed the separation of property. Can the spouses revive 3) What is the rule on use of name & surname in case of celebrities?
the former property regime? 4) Can you name your child “#abc12deg”?
21a) Supposing you and your spouse have decided on separation of property as 5) What if there is an identity in names & surnames?
your property regime. Let’s say you wanted to further your studies (law school, 6) What is the case of Maximo Wong?
med school, etc). Can you demand your husband to pay for your tuition?
22) In case of separation of property, who is responsible for support? If there is ABSENCE
already a provision in the marriage settlement about the separation of property,
who is responsible for the support of the spouse and the children?
23) How will the properties be separated? CIVIL REGISTER
24) Upon granting by the court of JSOP, can the former be revived? 1) Discus everything.
24a) What if they agreed on SOP during the marriage but no judicial order.
Binding?
24b) What’s the effect if the spouses agree without judicial order?
25) In case of dissolution of marriage between spouses whose property regime is
SOP, what will happen to properties?
25a) Will the children get the presumptive legitimes?
26) Recite Art. 147 in verbatim.
27) Recite Art. 148 in verbatim.

THE FAMILY

PATERNITY & FILIATION

ADOPTION

TRAX | 1W/1P | 1516/1617 8