MADERAZO, RALPH CHRISTER A.

JD-1 PFR PRE-FINALS FEBRUARY 25, 2021

1.
a. No, the annulment case will not prosper. Infidelity is not one of the grounds for annulment
mentioned in Article 45 of the Family Code. At the time of their marriage, both of them are of legal age,
they had been cohabitated for more than 5 years, neither of them was insane nor was forced and
intimidated to obtain consent to marry and even there was no fraud. Marriage may be annulled on the
such grounds existing at time of marriage. Infidelity could be a ground for Legal Separation.

b. Adam who was born on 2015 is a legitimated child which has the same rights of a legitimate
child. Adam was conceived and born out of wedlock of the parents to which at the time of
conception were not disqualified since they are of legal age and no impediment to marry. Same goes
to Candy which born on 2017 prior to the valid marriage. Candy is also a legitimated child which has
the same rights of a legitimate child. Steve is a legitimate child since he was conceived and born
during the marriage of his parents.

c. The marriage was still valid until annulled. In this case, the annulment case did not pursue since the
husband died. The legitimate children continue to have the rights to receive support from their parents
and entitled to the successional rights granted to them by the civil code. The wife, Aurora still is
entitled to legitimate and successional rights granted to them by the civil code. As long as the contract
of marriage still binds the husband and wife, the husband’s remains automatically go to the wife.
Grace has no rights since marriage is still valid.

d. If Philip desires to marry Grace, and entered no marriage settlement, the system of absolute
community of property shall govern as mentioned in Article 75 of the Family Code. If Phillip died, the
properties brought to marriage are considered community properties or properties of all. An inventory
should be done and list all community and exclusive properties of the spouses. It will settle all the
debts and obligations of the spouses. And also will give partitions to the common children.

2.

a. Todd could file an annulment case on the ground of that the consent was obtained through
fraud through concealment by Ingrid of the fact at the time of the marriage that she was pregnant by
another man. In the case, Todd was in shock and frustrated that Ingrid delivered a baby girl which he
knew that the baby was not his. Ingrid concealed the fact that at the time of marriage she was pregnant
by another man.

b. Amy and Christine are both legitimate children of the first marriage having been conceived
and born during the first marriage. Rafael is a legitimate child of the subsequent marriage for he was
conceived and born out of wedlock of the parents to which at the time of conception were not
disqualified since they are of legal age and no impediment to marry.

c. Todd could not impugn the legitimacy of Christine and Amy. The family code provides that the
action for impugning the legitimacy of a child may be brought within 1, 2, or 3 years from the knowledge
of the birth, or the knowledge of registration of birth. In this case, the annulment case was brought up
five years after. There is already a default in impugning the legitimacy of the children.

d. Assuming that Todd do not reside on the same city where the child was born, Todd could
impugn the legitimacy of Amy but not of Christine. The family code provides that the action for
impugning the legitimacy of a child may be brought within 2 years from the knowledge of the birth, or
the knowledge of registration of birth if the husband or all heirs live in the Philippines but do not reside
in the same city or municipality where the child was born. In this case, Todd impugns the legitimacy of
Christine after two years and two months which is already in default. But in the case of Amy, upon his
return, he just knew about Amy and immediately impugns the legitimacy.

e. In the case of Rafael, he can use the surname of Todd being his legitimate father as
mentioned in Article 174 of the Family Code.

f. The father of Christine would still be Todd. Christine is still a child of the first marriage for she
was born within 300 days after the termination of the first marriage and within 180 days after the
solemnization of the subsequent marriage.

3.

a. There was no marriage settlement, the system of absolute community of property shall govern
as mentioned in Article 75 of the Family Code. All the property owned by the spouses at the time of the
celebration of the marriage or acquired thereafter form part of the community property. Exclusive
properties are properties acquired by gratuitous title by either spouse, properties which are personally
and exclusively used by either spouse and properties acquired before marriage by either spouses
legitimate ascendants by a former marriage.

b. The legitimate children continue to have the rights to receive support from their parents and
entitled to the legitimate and successional rights granted to them by the civil code.

4.

a. The court should not give due course to the prayer of attachment. The Family home shall be exempt
from execution, forced sale or attachment except for debts incurred prior to the constitution of the family
home. Family home is the dwelling house where they and their family resides and the land on which it is
situated. Although the debt of Richard started prior to the constitution of the family home, Richard is not
the owner of the lot. The owner of the lot is Monica’s father to which he is not the person liable to the
debt.

b. My answer will still be the same. The court should not give due course to the prayer of attachment. The
Family home shall be exempt from execution, forced sale or attachment except for debts incurred prior to
the constitution of the family home. Family home is the dwelling house where they and their family resides
and the land on which it is situated. Although the lot was already given to them, the debt was incurred
prior to the constitution of the family home. The lot is included to be considered it as their family home.
c. The court should not give due course to the prayer of attachment. The Family home shall be exempt
from execution, forced sale or attachment except for debts incurred prior to the constitution of the family
home. Family home is the dwelling house where they and their family resides and the land on which it is
situated. The debt was incurred prior to the constitution of the family home. The donation happened after
the case was filed. The lot is included to be considered it as their family home.

5.

a. The case won’t prosper. A ground for Legal Separation is abandonment without justifiable
cause for more than one year. There was no abandonment on the part Freddy. He was still able to give
support to his wife, Bella. Abandonment means forsaking entirely. In this case, although Freddy was away
from the conjugal dwelling and was away for more than one year, he never ceased to give support to his
wife.

b. The case still won’t prosper. A ground for Legal Separation is abandonment without justifiable
cause for more than one year. They still live in the same conjugal dwelling. And could not be considered
away. They are just being separated by a floor and could not be considered abandonment.