TAKE HOME EXAM IN PERSONS & FAMILY LAW

1ST SEMESTER, SY 2022-2023

Directions: Answer the following questions in brief but concise sentences. A mere “Yes”
or “No” answer without any explanation shall not receive any points. Each
question is worth 3 points.

Write your answer in a Word document and send the same as an email
attachment to your law professor’s email address. You have until 8 pm of
January 8, 2023 to submit your answers. Answers submitted beyond the
deadline shall not be considered.

1. What is the status of a child born out of artificial insemination?

The status of a child born out of artificial insemination of the wife with the sperm of
the husband or that of a donor are likewise legitimate children of the husband and his
wife, provided that both of them authorized or ratified such insemination in a written
instrument executed and signed by them before the birth of the child. As supported by
the Art. 164 of the Family Code. Children conceived or born during the marriage of the
parents are legitimate.

2. A was born on January 1, 2000 as an illegitimate child of B. If he wants to ask for

recognition, within what time should he file the action?

If he wants to ask for recognition he may ask anytime during the lifetime of B.
Based on the Family Code of the Philippines Article 175 Illegitimate children may
establish their illegitimate filiation in the same way and on the same evidence as
legitimate children and, in which case the action may be brought during the lifetime of
the alleged parent.

3. A and B are married with son C who is a 19 years old and living in their company. A
asked C to drive the family car on their way to their province in Eastern Samar. The
car met an accident resulting in the death of D, a pedestrian. Who may be liable for
damages?

Answer:
The liable for damages is C, since C is not anymore a minor even though they are
living in their company. Because according to the law Article 2180 in the Civil Code
imposes civil liability upon the father and, in case of his death or incapacity, the
mother, for any damages that may be caused by a minor child who lives with them.
Hence, parents are liable for the acts or omissions of their minor child living in their
company, but the responsibility shall cease when the father or the mother is able to
 prove that they observed all the diligence of a good father of a family to prevent
damage. Therefore, C is liable for the damage since he is not anymore a minor.

4. A and B lived together as husband and wife, resulting in the birth of C. A recognized
his son, C in the record of the birth. What is the surname of C?

Answer:
The surname of C is the surname of his mother B. According to the family code
article 176, that illegitimate children shall use the surname and shall be under the
parental authority of their mother, and shall be entitled to support in conformity with
this Code. Therefore, C will use the surname of B.

5. A and B both Filipinos are married. A was convicted of the crime murder. They sought
your advice whether they can adopt C, a relative by consanguinity of B. What is your
advice?

Answer:
As a legal adviser to them I would advise that they cannot adopt C since B is
married to A, where A was convicted of a crime murder. Based on the Article 184 of
Family Code A and B may not qualify to adopt C as stated in paragraph 2 in this article
that any person who has been convicted of a crime involving moral turpitude are not
qualified to adopt children. Hence, A and B cannot adopt C in legal basis.

6. A and B have 10 children but wallowing in poverty. C, a relative of A wants to adopt

two (2) of their children so that the economic situation of the children will be assured.
If you were the judge, how would you decide the petition?

Answer:
If I were the judge I will grant the petition of C on the adoption of two children of
A and B considering that C has posses the qualification as an adopter mentioned in
Article 183 of the Family Code that in possession of support and care of his children in
keepin with the means of the family. Hence, petition will be granted.

7. A has been using the name Pedro since birth although his record of birth shows that
his name is Juan. He is now 25 years old and about to take the Bar Exams. How can he
use the name Juan when he will take the Bar exams?

Answer:
There is no problem of A on how can he use Juan as his name to take the Bar exam.
Based on the records of his birth certificate it stated that his name is Juan not Pedro.
According to our law, specifically Article 376 in the family code no person can change
 his name or surname without judicial authority. Therefore, A will use Juan as legal
name written in his record of birth.

8. A, a 17-year old girl had a relationship with B, 25 years old. A child C was born when
A was only 17. When A reached 21 years, they got married. Can the child be
legitimated?

Answer:
Yes, the child can be legitimated because A and B got married. Based on the RA
No. 9858 an act providing for the legitimation of children born to parents below
marrying age, amending for the propose of the family code. Hence, the child of A and
B can be legitimated.

9. A and B are married. They have daughter C who was a five –year old child. C went to
Hongkong to work for two (2) years and left the child to the custody of X and Y who
are not related to them. When A and B learned about the departure of their daughter ,
they demanded of the surrender of the custody to their granddaughter , D to them. But
X and Y refused, hence, A and B sued X and Y for habeas corpus. When the Order was
served upon them, they produced the body of the child. The court dismissed the
petition immediately. Is the dismissal correct?

Answer:
Yes the petition is correct since the parents has the custody of their child. Based on
law the parents must posses the guardianship of the child specially the mother when
the child is below 7 years old. Therefore the petition is correct

10.A and B are married. They have child C, who is in grade 3 at the Lalawigan Central
Elementary School, Borongan City, Eastern Samar. While inside the classroom, C
stabbed D with his pencil resulting injuries. Is the teacher liable?

Answer:
Yes, the teacher is liable on the injuries D done by C a grade 3 pupil. In our family
code Article 218, that the school, its administrators and teachers, or the individual,
entity or institution engaged in child care shall have special parental authority and
responsibility over the minor child while under their supervision, instruction or
custody. Therefore, the teacher has liability on accident happened.

11. X and Y are married. They have daughter who is 5 years old. They are living
separately in fact. Y left the custody of her child to Z, her sister and went to live with
S, a married man. S and Y wanted to get back the custody of Z. Will the action
prosper?
 Answer:
Yes, the action will proper. Since the daughter is only 5 years old and in our family
code Article 213 paragraph 2 state that no child under seven years of age shall be
separated from the mother, unless the court finds compelling reasons to order
otherwise. Hence, the custody of a child will be back to S as the mother.

12. A and B, without the benefit of marriage lived together as husband and wife they
begot C. A, the father adopted C to elevate him to the status of legitimacy. What is the
middle name of the child?

Answer:
The middle name of a child will be the middle name of the father who is A. In the
family code, Article 366 said a natural child acknowledged by both parents shall
principally use the surname of the father. If recognized by only one of the parents, a
natural child shall employ the surname of the recognizing parent. Therefore the child
will use the middle name of A as a father.

13.Which can be proofs of filiation?

Answer:
The proofs of filiation is mention in the Article 172 in the family code of the
Philippines, which states that the record of birth appearing in the civil register or a fi
nal judgment; or (2) An admission of legitimate filiation in a public document or a
private handwritten instrument and signed by the parent concerned.

14. A, a man & B, a woman, lived together as husband and wife without the benefit of
marriage, resulting in the birth of C. A signed the record of birth of C. who has a better
right of custody over C?

Answer:
The one who has a better right of custody of C is B as a mother. Since Article 213
paragraph 2 state that no child under seven years of age shall be separated from the
mother, unless the court finds compelling reasons to order otherwise. Therefore, B, a
woman will have the right on the custody of C as her child.

15. A & B are married. They have children, C & D. after A died, B gave birth to E. the
children suspected that E is not the child of their father. Who can impugn the
legitimacy of E?

Answer:
The heirs of A or the husband can impugn the legitimacy of E. In the Article 171
paragraph 3 in the family code that the heirs of the husband may impugn the filiation
 of the child within the period prescribed in the preceding article only if the child was
born after the death of the husband.

16. A & B are married. They have daughter C who is only 5 years of age. B, without the
consent of A went to the USA and worked as a nurse and left her daughter with her
parents as A is a soldier who is always out of the conjugal dwelling. Can A recover the
custody of his child?

Answer:
Yes, A can recover the custody of his child. Since A and B are married then they
jointly exercise legal guardianship of their child. Based on our family code, article 225,
the father and the mother shall jointly exercise legal guardianship over the property of
their unemancipated common child without the necessity of a court appointment.

17. A & B lived together as husband and wife without the benefit of marriage. For few
months before his death, A was writing his autobiography and stated that he loved B so
much and because of that, they decided to live together as husband and wife, but
planned to marry. at the time he is writing his autobiography, B was pregnant and he
stated in his autobiography that he was the father of the child inside the womb of B. he
died without finishing it and failed to sign the same. two (2) months thereafter, the
child C was born, hence, B sought to register the child under the name of A but the
Civil Local Registrar refused, hence, she filed a suit for mandamus to compel the
registrar to register the child under A’s name. She testified as narrated above; D the
father of A testified that during the lifetime of A he lived with B and she was pregnant
at that time. E the brother of A likewise testified along the same line. Is the action of B
correct?

Answer:
Yes, the action of B is correct. Since in our law in relation with this on Article 366
said a natural child acknowledged by both parents shall principally use the surname of
the father. In this A have a written document that C is his child and testified by his
father, brother and his wife B. Hence, the action done by B to register the child on the
name of A is correct.

18. A & B are married. They have 10-year old son, C. X & Y, who are childless filed a
petition for adoption on June 16, 2010, seeking to adopt C. it was submitted for
resolution on December 15, 2010. On December 31, 2010 C was playing with the
neighbor D who was likewise a minor, using the air gun of C’s father. He pointed the
gun to D squeezed the trigger and killed D. the petition was granted on January 10,
2011. Who are liable?

Answer:
 The one who is liable is parents A and B. The parents of D can sue And B for
damages. Since the effects of adoption are not retroactive to the date of the filing of the
petition for adoption. There only A and B as the parents of C will be liable on killing
D.

19. X and Y are married. They have daughter Z, they are living in a house of Y’s parents,
but left the house because of differences with his parents-in-law and his wife due to her
refusal to leave the house. He was prevented from visiting his child and the latter was
prevented from seeing her father? What is the remedy of X?

Answer:
The best remedy of X is to file a petition for habeas corpus, where the rightful
custody of any person is withheld from the person entitled thereto.

20. A & B are married. They have a 10-year old son C. X & Y, who are childless, filed a
petition for adoption on June 16, 2010, seeking to adopt C. It was submitted for
resolution on December 5, 2010. On December 31, 2010 C was playing with a
neighbor D who is likewise a minor, using the airgun of C’s father. He pointed the gun
to D, squeezed the trigger and killed D. The petition for adoption was granted on
January 10, 2011. Who are liable?

Answer:
The one who is liable is parents A and B. The parents of D can sue And B for
damages. Since the effects of adoption are not retroactive to the date of the filing of the
petition for adoption. There only A and B as the parents of C will be liable on killing
D.

-oOo-