1. What is property?

Property is a mass of things or objects to human activity which are necessary to

life for which they may in one way or another be organized and distributed but always for the use of
man.

2. Why do authors include capacity to satisfy human wants and individuality as requisites of property
when article 414 only requires susceptibility to appropriation? (kasi wala daw magaabala mag
appropriate kung hindi satisfactory sa humans)

3. How are properties classified? Under the NC, properties are classified as real or personal and
private or public

4. Give examples of things that are not property. Moon, stars

5. Who are nationals of Japan?

6. May the Supreme Court of the Philippines determine citizenship? (no)

7. Enumerate 20 void marriages.

Marriage contracted by those under 18 years old

Bigamous

Polygamous

Psychological incapacity

Entered into between ascendants and descendants

b/w brothers and sisters

step parents and step children

between collateral blood relative legit or illigit up to 4 th civil degree

parents in law and children in law

adopting parent and adopted child

surviving spouse and adopted child

surviving spouse of the adopted child and the adopter

adopted child and legitimate child of the adopter

adopted children of the same adopter

where one party killed his her spouse for the purpose of marrying the other
 contracted without marriage license except those excepted by law

solemnizing officer has no authority

mistake of identity

subsequent marriage contracted without a judicial declaration of nullity of the first marriage

subsequent marriages that did not comply with the requirement of partition and distribution
of properties and delivery of presumptive legitimes to the children

8. Who may file for declaration of nullity of marriage? (so dapat daw it depends, marriage
solemnized before FC, any party in interest; if after FC and after effectivity of the rules, spouses only)

9. AM 02-11-10, to whom applicable? (marriages after the effectivity of family code and after
effectivity of the rules per a case daw) Castillo v. De Leon-Castillo

10. In a bigamous marriage, who may file for nullity of marriage? (first spouse and second spouse)

11. Is there a prescriptive period? (no, imprescriptible)

12. Effects of the declaration of nullity of a marriage? (e.g. properties dissolved in accordance with
the rules of co-ownership; children are considered illegitimate except 36 and 53)

Art 43 (2) – ACP/CP shall be dissolved and liquidated – if may bad faith sa other spouse,
his/her share shall be forfeited in favor of the common children, if no child, child of the guilty spouse,
if not to the innocent spouse

(3) – Donations by reason of marriage shall remain valid EXP: if done in BF, dantions in favpr
of the done shall be revoked by operation of law

(4) -innocent spouse may revoke the designation of the other spous who is BF as beneficiary
in any insurance policy even if irrevocable

(5) -spouse in BF is disqualified to inherit from the other

Children are illegitmate except art 36 – PI ad 53

13. Must property dissolution be in the same proceeding? (no daw)

14. Effect of void marriage on a donation propter nuptias? (nasa art 86 raw sabi ni sir) – may be
maintained or revoked by the donor – may be revoked of spouse is BF

15. Grounds for annulment of marriage?

Art 45: no consent for 18 years old and no parental advice for 21 unless they freely
cohabited when they reach 21 years old

(2)either party was of unsound mind unless after coming to his reason, freely cohabited

(3) consent of either party is obtained by fraud unless after full knowledge of the facts, freely
cohabited

(4) consent was obtained thru force, intimidation or undue influence unless freely cohabited

(5) either of the party physically incapable of consummating the marriage and such
incapacity continues and appears to be incurable

(6) either party has STD and it is serious and incurable

16. Who can file a petition for annulment? (isa isa per ground)

Art 47 (1) – parent or guardian or person having legal charge – anytime before reaching the
age of majority

(2) sane spouse who had no knowledge of the incapacirty, relative/guradian of the insane –
anytime before death of either party – insane during lucid interval/ after regaining sanity

(3) injured party after knowledge of fraud – w/in 5 years after discovery

(4) injured party within five years from the time the FIU disappeared or ceased

(5) and (6) – injured party within 5 years after marriage

17. Can voidable marriages be ratified? (isa isa din) yes , when they freely cohabited as husband and
wife

18. In re par 45 (1), suppose from age 18 to 21, the parties have been living together as husband and
wife. Is there ratification? (no, cohabitation AFTER party reached 21 constitutes ratification)

19. Is there a prescriptive period? (isa isa din)

20. What constitutes fraud? fraud when, through insidious words or machinations of one of the
contracting parties, the other is induced to enter into a contract which, without them, he would
not have agreed to. (Art 1338)

21. A woman was impregnated two years ago by another man and she didn't tell the husband.
Constitutes fraud? (No, dapat pregnant at the time of the celebration of the marriage)

22. Does it matter if the woman miscarries? (no)

23. Misrepresentation of pregnancy? She says she is pregnant but in fact she is not. Ground? (no, art
46 exclusive)
24. There was one time that the parties were able to consummate. Can they still use impotency as a
ground for annulment? (no, kasi di impossible and likely not incurable)

25. What are the effects of declaration of annulment? Par 2,3,4,5 art 43 and 44 , either of the spouse
may marry after complying with the requirements under art 52 and 53

26. Grounds for legal sep? art 55

(1) Repeated physical violence or grossly abusive conduct

(2) physical violence or moral pressure to compel petitioner to change religious or political
affiliation

(3) attempt of the responded to corrupt or induce the common child to prostitution or
connivance in such corruption or inducment

(4)final judgment sentencing the respondent to imprisonment and more than 6 six years

(5) drug addiction or habitual alcoholism

(6) lesbianism or homosexuality

(7) contracting bigamous marriage in ph or abroad

(8) sexual infidelity or perversion

(9) attempt by the respondent against the life of the petitioner

(10) abandonment without justifiable cause for more than 1 year

27. Defenses against legal sep? art 56

(10 aggrieved party has condoned the offense

(2) connivance of the parties in the commission of the offense or acts constituting a ground
for legal separation

(3) aggrieved party consented to the commission

(4) both parties have given ground for legal separation

(5) collusion between the parties to obtain the decree of legal sep

(6) action is barred by prescription

28. Effects of legal sep? Art 63

 (1) entitled to live separately from each other but marriage bond shall not be severed

(2)ACP/CP shall be dissolve and liquidated but the offending spouse shall have no right to
any share of the net profits earned, forfeited in accordance to art 43(2)

(3)custody of children to innocent spouse subject to art 213

(4) offending spouse disqualified from inheriting

29. May the woman revert back to her maiden name? (no, marriage ties are not severed)

30. Designation of guilty spouse in an insurance policy, what is the effect? (may be revoked)

31. Donations propter nuptias, what is the effect? (may be revoked)

32. Effect of reconciliation? If proceedings were pending? Terminated art 66

If judgment was already rendered? Set aside but the separation of property subsist unless spouse
agrees to revive

33. If the property regime was ACP, it was dissolved by virtue of the legal separation, and they
reconcile, what property regime may be revived? Same ACP? Or may they agree on another prop
regime? (substantive law wordings, same lang kasi "former property regime")

34. Sterility is a ground for annulment. False, legsep.

35. Concealment of pregnancy if woman is 8 months pregnant. False – if at the time of celebration -
annulment

36. Criminal action is pending, can there be suspension of the civil action? No, baliktad.

37. Irreconcilable differences, etc. amounting to unwillingness to assume marital obligations

constitute psychological incapacity. False

38. In all cases, psychological incapacity should be shown to be present at the time of the celebration
of the marriage. True

39. What are the requirements before the present spouse may ask for presumptive declaration of
death of the absent spouse? NOte absence should be factual, but the death is only a presumption.

40. What if the spouse was not really absent but the present spouse fraudulently obtained a decree
of presumptive death. What is the remedy of the absent spouse?

41. Alien residing in the philippines for more than n yrs, alien may be exempt from cert of legal
capacity. False

42. Effect if marriage license was issued nonetheless? Marriage is valid kasi mere irregularity.
43. An adopted child may marry the adopted child of his adopted brother. True. Art 38 exclusive.

44. May the adopted child of X marry the illegitimate child of X? Yes. Prohibition is limited to
adopted child and legitimate child of adopter.

45. Marriage was annulled for a ground under article 45. The adoptive father married the former
spouse of his adopted spouse. Valid? Yes. kasi fam code uses the owrds "surviving spouse"

46. Can step brothers and step sisters marry? Yes. Wala sa enumeration.

47. Step daughter may marry the sister of her step mother. No, both female.

48. X and Y's marriage. Y is X's grand uncle. (di ko sure kasi ambilis pero parang ganon). Pweds kasi
more than four degrees na.

49. How do you count the degrees of relationship? (go up to common ascendant and down to the
person) 50. Can 35 (2) apply to a notary public? No, ignorance of law na.

51. Can there be a void marriage subject to ratification? No.

52. What is the effect of vitiation of parental consent? Valid. Kasi absence ang nagrerender voidable.

53. IS there need to make a reservation of the civil action in article 33 of the civ code? No

54. May a private complainant in BP 22 reserve the civil action? No. Always deemed instituted with
the criminal case. 55. What law shall govern the performance of a contractual obligation?

56. Pilot of C130 may solemnize marriage in articulo mortis. True.

57. Justice of Sandiganbayan may solemnize a marriage in articulo mortis in Zamboanga. True.
Jurisdiction ng Sandiganbayan is national.

58. Is there a prejudicial question if the case is 1) criminal action and 2) dependent civil action? Yes
raw e. Pero the prejudicial question should be based on a related civil action.

59. If there is acquittal in the criminal case, can you proceed to the dependent civil action? Yes, if
acquittal was based on a finding of reasonable doubt.

60. Marriage of man with a very small penis is void. False.