UNIVERSITY OF SANTO TOMAS

FACULTY OF CIVIL LAW

PERSONS & FAMILY RELATIONS AY 2021-2022

Final Examination Sections 1-I

Instructions:

a. Answer briefly and direct to the point. Observe proper grammar and write
legibly.

b. An explanation or discussion which does not clearly cite a legal or

jurisprudential basis will not merit any consideration.

Good luck.

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1. Pete and Virgie married in accordance with the native customs and rites of the Ibaloi Tribe
without marriage license. They were subsequently blessed with 2 children, Don & Donna.
After 5 years and upon the instance of Pete, the council of the Tribe approved the couple’s
divorce, also in accordance with the customs and rites of the Ibaloi Tribe.

a. Is the marriage of Pete and Virgie valid? State your legal basis 10%

b. Is the Divorce granted by the Ibaloi Tribe valid? State the legal basis. 10%

2. Joe, an American, married Nena, a Filipino, in a marriage ceremony in Las Vegas following
the laws of the United States. Not long after, Joe started physically abusing Nena, and to
protect herself, Nena left Joe and returned to the Philippines. Remorseful, Joe followed
Nena and tried to win her back.

In the meantime, Nena filed before the Regional Trial Court of Manila a petition for
declaration of nullity based on psychological incapacity under Art 36 of the Family Code.
Joe, however, opposed the petition arguing that Las Vegas law, the place where they were
married, does not recognize psychological incapacity as a ground to nullify a marriage (let
us assume that this is true).

a. May the court still rule on the petition for nullity filed by Nena using Philippine
Laws? 10%

b. Let us assume that Nena, at the time of filing the petition for nullity, is already
a German Citizen. Can she invoke Art 36 of the Family Code to seek the
declaration of nullity of her marriage with Joe? 10%

3. Leonila informed her boyfriend Rommel (a British citizen) that she is pregnant. They then
decided to get married, but after only 2 months, Rommel left for Germany and obtained a
divorce. At the time the divorce judgment attained finality, Leonila was in her 7th month of
pregnancy. Thereafter, Leonila gave birth to Lerom. What is the status of Lerom, is he
legitimate, legitimated or illegitimate? State your legal basis. 10%
4. Juanito has an illegitimate son, Pedro. When Pedro was 2 years old, Juanito married Juana
and together, they have a daughter, Janna. With the consent of Juana, Juanito adopted
Pedro to raise him to the status of a legitimate child.

a. Prior to the adoption, if Juanito seeks to support Pedro, what property should he use to
support his illegitimate son? State your legal basis .10%

b. After the adoption, what property can Juanito use to support Pedro? State your legal
basis. 10%

c. Are Janna and Pedro considered legitimate brother and sister after the adoption? State
your legal basis. 10%

5. Ana married Rico while they were in college. After graduation, they decided to part ways
and became separated in fact. After 10 years, Ana married Jaysan and out of this second
marriage, Don Don was born. What is the status assigned by law to Don Don upon his birth?
Is he legitimate or illegitimate? Discuss all aspects of your answer. 10%

6. 10% bonus if you write this in your answer sheet:

“I judge you unfortunate because you have never lived through misfortune.
You have passed through life without an opponent—no one can ever know
what you are capable of, not even you.”

– Seneca