PERSONS AND FAMILY RELATIONS

2nd Summative Assessment

Arellano

INSTRUCTIONS

1. This questionnaire consists of EIGHT (8) Essay Questions to be answered

within two (2) hours. Thus, answers should be submitted on or before January 10,
2021 at 5:30pm.

2. Read each question very carefully and write your answers in an 8.5 x 13 inch
paper with 14 font size using Word Microsoft office in the same order the questions
are posed. Note well the allocated percentage points for each number, question, or
sub-question. In your answers, use the numbering system in the questionnaire.

3. Answer the Essay questions clearly, and concisely. Your answers should be
limited to 5 to 6 sentences only. Your answer should demonstrate your ability to
analyze the facts presented by the question, to select the material from the
immaterial facts, and to discern the points upon which the question turns. It
should show your knowledge and understanding of the pertinent principles and
theories of law involved and their qualifications and limitations. It should
demonstrate your ability to apply the law to the given facts, and to reason logically
in a lawyer-like manner to a sound conclusion from the given premises.

A mere "Yes" or "No" answer without any corresponding explanation or

discussion will not be given any credit. Thus, always briefly but fully explain your
answers although the question does not expressly ask for an explanation. At the
same time, remember that a complete explanation does not require that you
volunteer information or discuss legal doctrines that are not necessary or pertinent
to the solution to the problem. You do not need to re-write or repeat the question.

4. Please do not attempt to ‘copy and paste’ decisions of the Supreme Court in
answering the essays the same shall be treated as cheating.

5. TAKE NOTE: Submit your answer in PDF form to avoid any erasures,
alterations and additions to your answers.

6. Any late submission and not following instructions will entail deduction of
points.

GOOD LUCK!

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I. What are the effects on the following if the subsequent marriage is void
under article 41?

a) Children (3%)
b) Property (3%)
c) Donation propter nuptias (3%)
d) Insurance policy (3%)
e) Testate and Intestate succession (3%)

II. A was married to B in 1987. Out of their marriage was born herein C. A
and B had an altercation, so A left the house. The relationship turned
sour. Both had moved on with their lives. B married D sometime in 2000.
On the same year, A died. C now comes to you for legal advice. What
will you tell C? Explain. (15%)

III. HH and WW were married in a church wedding in 1999. Due to

misunderstanding, HH left their conjugal dwelling in 2003. In 2010, HH
embraced and converted to Islam while doing volunteer work in
Cotabato City. HH married YY on May 6, 2015 under the P.D. 1083. WW
learned about HH's marriage to YY on November 3, 2017. WW asked you
if she has a valid ground to file a petition for legal separation. What will
you tell WW? Explain. (15%)

IV. In 2015, Leah petitioned for the declaration of the presumptive death of
Leo. On July 28, 2017, the Court rendered a judgment declaring Leo
presumptively dead. On June 25, 2017, Leah married James. Leah and
James stayed and resided in Iligan. Their marriage was blessed with a
child, LJ, who was born on August 5, 2018. On December 20, 2018, Leah
and James were informed about Leo’s reappearance. Leah and James
asked for your legal advice. What will you tell Leah and James? Explain.
(15%)

V. M and F were married sometime 1962. They lived in a small house on the
residential land in question. After F’s father died in 1965, F inherited the
land. In 1978, F abandoned his family and was living with C. Two years
after, F sold the subject property with the house thereon to C. In the
document of sale, F described the house as "also inherited by me from
my deceased parents." Unable to take possession of the lot and house, C
initiated a complaint against M. The latter resisted and claimed that the
house in dispute where she and her children were residing are conjugal
funds and that the sale of the land together with the house and
improvements to C was null and void because they are conjugal
properties. However, the trial court ruled in favor of C.

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 a. Whether or not the construction of a conjugal house on the exclusive
property of the husband ipso facto gave the land the character of conjugal
property. Explain. (5%)

b. Whether or not the sale of the lot together with the house and
improvements thereon was valid under the circumstances surrounding
the transaction. Explain. (5 %)

VI. The wife and husband were accused of murder. The husband was
acquitted but found the wife guilty ordered to pay the damages to the
victim. The decision became final and executory and upon motion for
execution by the heirs of the deceased, the court ordered the issuance of
the writ, resulting in the levy of real properties registered in the names
of the husband and wife. Subsequently, a notice of levy and a notice of
sale on execution were issued to which the husband and his wife filed a
motion to quash, claiming that the levied properties were conjugal assets,
not paraphernal assets of the wife. Whether the conjugal properties can
be levied and executed upon for the satisfaction of the wife’s civil liability
in the murder case. Decide. (10%)

VII. Petitioner J was charged with the crime of bigamy before RTC.
Respondent K claim that a second marriage was contracted by J with S
before the first marriage with K was declared void. J filed a Motion to
Suspend alleging that there is currently a pending civil case for
declaration of nullity of the second marriage before the RTC filed by K
based on Art.36 of the FC and also alleged that in the event that the
marriage is declared null and void, it would exculpate him from the
charge of bigamy. The arraignment was therefore reset. Ultimately, RTC
declared the second marriage void. Because the second marriage was
ultimately declared to be void, petitioner argues that there cannot be any
crime of bigamy. Whether petitioner is liable for bigamy, considering
that the second marriage was declared to be void? (10%)

VIII. A and B got married on 2015. A and B begot a son on 2017. However,
sometime in 2019, A caught B with another man on bed. B on bended
knee pleaded A to take him back and explained that he just got drunk.
After two years, the same incident happened again. Moreover, B was
diagnosed with a sexually-transmissible disease found to be serious and
appears to be incurable. On 2020, A consulted you for legal advice. What
will you tell A? Explain. (10%)

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