2012 FINALS EXAMINATION

PERSONS AND FAMILY RELATIONS

NORTHWESTERN UNIVERSITY

12 October 2012

IMPORTANT INSTRUCTIONS

This will serve as your examination book.

This examination is to be finished in one (1) hour.

This consists of ____ MCQ and essay type questions contained in ___
pages.

Except in MCQ, being your answer to each numbered essay question

in a separate page; an answer to a sub-question under the same
number may be written continuously in the same page and
succeeding pages until completed.

Answer each question directly and concisely.

Do not repeat the questions.

Answer legibly.

YOU MAY KEEP THIS QUESTIONNAIRE AFTER THE EXAM.

GOOD LUCK.

EXAMINEE’S NAME: ____________________

SIGNATURE OF EXAMINEE: ____________________

PLEASE CHECK THAT THIS SET CONTAINS ____ PAGES INCLUDING

THIS PAGE
 I
MULTIPLE CHOICE
(Ring/Encircle your answer)

1. Who may claim the privileges of your family home?

a. Your Aunt c. Your Uncle
b. Your brother in law living with you d. Your son

2. The family home is not exempt from:

a. Being mortgaged c. Execution
b. Attachment d. Forced sale

3. In artificial insemination, for the child to be legitimate, it is not required

that:
a. There is authorization by the husband and wife and their children.
b. The ratification or authorization be in writing.
c. The authorization and ratification be executed and signed before the
birth of the child.
d. The authorization and ratification be registered with the office of the
civil registry.

4. The legitimacy of the child maybe impugned except which one of the
following:
a. The husband was abroad within the first 120 days of the 300 days prior
to the birth of the child.
b. For scientific reasons, it is proved that the child cannot be that of the
mother.
c. The necessary requirements in case of artificial insemination have not
been complied with.
d. The husband is physically incapable of sexual intercourse.

5. Filiation of a legitimate child is established by:

a. Birth certificate signed by the mother indicating the name of the father
b. A personal letter of the father signed by him admitting filiation of the
child.
c. Baptismal certificate naming the child’s father and signed by the
mother and the godparents
d. A sworn statement of the mother duly notarized stating the name of
the father.

6. By way of general rule, illegitimate children do not have the right to:
a. Use the surname of the father
b. Use the surname of the mother
c. Receive support from the father
d. Receive his legitime from the estate of the father
7. A child may not be legitimated if:
a. He was conceived or born outside of a marriage
b. He was conceived by parents who at the time had no legal impediment
to marry.
c. His parents married but only after the child was no longer a minor.
d. The subsequent marriage of his parents was later declared void.

8. Which is not considered as support:

a. Expenses for educational field trip organized by the school
b. Expenses for a cocktail dress used during JS prom
c. Expenses for movie tickets every once in a while
d. Expenses for food, clothing and dwelling by a wife and his paramour

9. Which is not true when it comes to parental authority:

a. Parental authority includes the caring for and rearing of children
b. It is includes the property of the child
c. It is an absolute right and natural duty of parents
d. As an absolute right, it cannot under any circumstance be renounced
or transferred from the parents.

10. Which does not terminate parental authority?

a. Conviction of the parent of a crime with the penalty of civil
interdiction
b. Death of the parents
c. Death of the child
d. Adoption of the child

11. It is legally improper for a married woman:

a. Not use the surname of her husband
b. Add the surname of her husband to her first name and surname
c. Use as her surname that of her husband
d. Use “Mrs.” before her first name and surname of her husband

12. Entered in your birth records is your name is Bob-uy Marabangsit; with
gender “female” when you are a “male”; and born on “01 November
2000” when you were born on “25 December 2001”. Which entries cannot
be changed without judicial authority?
a. Your gender change from “female” to “male”
b. Your date of birth from “01 November” to “25 December”
c. Your surname and your year of birth
d. Your first name

13. Who in the following incurs criminal liability?

a. A 4-year old boy who stabbed to death a 3-year old playmate with a
barbeque stick.
b. An 11-year old boy who raped an 18 years old demented person
 c. A 30-year old lunatic who burned a whole house
d. A 16 years old who knowingly vexes another.

14. A police officer is justified in employing one of the following when it

comes to children in conflict with the law:
a. Not to identify himself lest the child will be frightened.
b. Not to inform the child of his violation after all he does not understand
the law yet.
c. Wait for the parents of the child for him to explain the reason why the
child is placed under custody.
d. Use necessary violence or force against the child.

15. The law on anti-violence against women and their children does not apply
to a man with respect to:
a. A former girlfriend of 30 years ago
b. A sex worker whom he had one-night liaison with
c. A child not his but only under the care of his wife
d. A man with whom he is living with as his wife

II
ESSAY TYPE
(Write your answer in the space provided, if not enough, use the back or a blue
book)

16. Precy and Cecilio are husband and wife. They have a child KC. When KC
was just a 2-year old sickly child in 1992, Precy was compelled to leave
Cecilio because of repeated physical violence. Precy brought along with
her KC. In 1994, KC, through Precy, demanded medical support from
Cecilio. Cecilio however did not heed the demand so KC, through Precy,
went to court.

a. Is KC entitled to support considering that she and her mother left

Cecilio?
Answer:

b. Assuming that Precy is now living an adulterous life with Kiko, may
KC still be entitled to support from Cecilio?
Ans.:
17. Rod and Julie are husband and wife. They have a child Patrick. Later, Rod
begot an illegitimate child Bitoy while Julie likewise had her own
illegitimate child Nathan.

a. May Julie give the surname of Rod to Nathan?

Ans.:

b. If Julie gave the surname of Rod to Nathan, what may Rod do to

protect the interest of Patrick?
Ans.:

c. If Rod does not object to the use of his surname by Nathan, what will
be the consequence/s?
Ans.:

18. Sonia agreed to carry the child of Mario through artificial insemination.
As a consideration, Mario will shoulder all the attendant expenses. Aside
from that, when Sonia delivers the baby to Mario, she will be paid P3
Million. After delivering the baby to Mario and after being paid P3
Million, Sonia had a change of heart and engaged you as her counsel.

a. May you be able to recover the custody of the child from Mario?
Ans.:

b. If Mario returns the baby, can he demand the return of his P3 Million
from Sonia?
Ans.:

c. Who between Sonia and Mario exercise parental authority over the
child?
Ans.:
19. Petra filed a petition for the declaration of nullity of her marriage with
Takyo. At the start of the proceedings, the couple entered into an
agreement dissolving voluntarily their absolute community property.
Takyo waived his rights in the family home and in the family’s business
interests in favour of Petra and their two children, aged 16 and 19 years
old. Takyo also placed a deposit in the amount of P5 Million to answer for
the schooling of their children until they finish college. Petra, on the other
hand, committed to bear the every day expenses of the children. The
Court approved the agreement.

a. May Takyo validly waive his rights in the family home while the case
is pending in court?
Ans.:

b. Suppose the family business turn broke and unable to support Petra
and their children during the pendency of the case, may Petra still ask
for support pendent lite?
Ans.:

c. Suppose the two children squandered the P5 Million without being

able to finish their college degrees, can they ask for more support from
Takyo to be able to finish college?
Ans.:

20. Tim and Tam, husband and wife. They agreed to bear a child via artificial
insemination. All the documentary procedures were performed. However,
known to Tam only, the sperm used was sourced from her lover Bokyo.

a. When the child is born, what is its status, legitimate or illegitimate?

Ans.:

b. What should Tim do once he discovers the fraud?

Ans.:

c. If Tim does not do anything, may Tam declare the child as the child of
Bokyo?
Ans. :
 d. If Tim successfully impugns the filiation of the child, what will become
his status, legitimate or illegitimate?
Ans.:

III
OBJECTIVE TYPE

21. State verbatim the definition of marriage under Article 1 of the Family
Code.
Ans.:

22. State three (3) acts constituting violence against women and their children
under RA 9262
Ans.:

23. State three (3) rights of a child in conflict with the law under RA 9344.
Ans.:

24. Who is a legitimated child?

Ans:

25. What is support?

Ans.: