Deck 4: Philippine Laws and Marriage

Question 1

Glenda, a Filipino citizen and John Riel, an Australian citizen, got married in the consular office of the Philippines in Australia. According to the laws of Australia, a marriage solemnized by a consular official is valid, provided that such marriage is celebrated in accordance with the laws of such consular official. What is the status of the marriage of Glenda and John Riel?

A)Void, because the consular official has no authority to solemnize the marriage.
B)Valid, because according to the laws of Australia, such consular official has authority to celebrate the marriage.
C)Voidable, because there is an irregularity in the authority of the consular official to solemnize marriages.
D)Valid, because such marriage is recognized as valid in the place where it was celebrated.

Answer 1

Void, because the consular official has no authority to solemnize the marriage.

Question 2

The doctrine of "Self-Help" is an exemption that a person should not take the law intro his own hands.

A)Yes, under special circumstances.
B)No, because everybody should be law abiding citizen.
C)No, because ignorance of the law excuses no one.
D)No, because the rule allows no exemption.

Answer 2

Yes, under special circumstances.

Question 3

Excited over their impending marriage, the parties overlooked the expiration date of their marriage license but just the same the marriage was solemnized two days after its expiration date. The marriage is:

A)valid there being a marriage license validly obtained by the parties.
B)voidable there being a defect in the formal requisite.
C)valid there being only an irregularity in the marriage license.
D)void in the absence of a valid marriage license.

Answer 3

valid there being only an irregularity in the marriage license.

Question 4

Filipinos are governed by their national law with respect to the following matters, except:

A)legal capacity
B)family rights and status
C)personal property
D)testamentary succession

Question 5

Separation of property between spouses during the marriage may take place only:

A)by agreement of the spouses.
B)if one of the spouses has given ground for legal separation.
C)upon order of the court.
D)if one spouse has abandoned the other.

Question 6

For civil purposes, a fetus may be considered born if:

A)it had an intra-uterine life of 8 months but is dead upon delivery.
B)it had an intra-uterine life of less than 7 months and it died after 5 days upon delivery.
C)it had an intra-uterine life of less than 7 months and dies within 24 hours after its complete delivery from the maternal womb.
D)it was aborted on request of or with permission from the father to save the life of the mother.

Question 7

The husband may impugn the legitimacy of his child but not on the ground that:

A)the wife is suspected of infidelity.
B)the husband had a serious illness that prevented him from engaging in sexual intercourse.
C)the child could not be his for biological or scientific reasons.
D)they were living apart.

Question 8

In legal separation:

A)the aggrieved spouse may file the action within 5 years from the time of the occurrence of the cause.
B)no trial shall be held without the 6-month cooling off period being observed.
C)the spouses will be entitled to live separately upon the start of the trial.
D)the prosecuting attorney has to conduct his own investigation.

Question 9

Three years after marriage, wife learned that husband is afflicted with STD. Apparently, he has been afflicted even before the marriage but concealed such fact. An action for annulment may be filed by the wife.

A)within five years after marriage.
B)anytime during the lifetime of the husband.
C)within five years upon knowledge of the S

Question 10

On March 3, 1995, wife delivered a child at which time the husband has been harboring the suspicion of her unfaithfulness. He has since been contemplating on impugning the legitimacy of the child until he met an accident and died on March 27, 1996. The legitimacy of the child may be impugned by:

A)his parents
B)his illegitimate child, if any
C)his brothers or sisters
D)his aunts or uncles

Question 11

Specific guidelines have been laid down by the Supreme Court in the interpretation and application of psychological incapacity as a ground for annulment.

A)the incapacity must be proven to be existing at the time of the celebration of the marriage.
B)the illness must be grave
C)the burden of proof must rest on the respondent.
D)the roots of the illness can be traced to the history of the subject

Question 12

Excessive donation inter vivos may be revoked or reduced after the death of the donor.

A)Yes, in so far that it reduces the legitimate of the compulsory heirs.
B)No, because it took effect while the donor is still alive.
C)No, because it will impair the right of a person to enter into a contract.
D)No, because it is not practical.

Question 13

A husband by chance discovered hidden treasures on the paraphernal property of his wife, who owns the discovered treasure.

A)The half pertaining to the husband (finder) belongs to the conjugal partnership
B)The half pertaining to the wife (as owner) belongs to the conjugal partnership
C)One half shall belong to the husband as finder and the other half shall belong to the wife as owner of the property.
D)a and b

Question 14

Action for rescission on the account of lesion will prescribe within ---

A)10 years
B)5 years
C)7 years
D)answer not given

Question 15

Which one is more burdensome, easement or usufruct?

A)Usufruct because the usufructuary has possession and fruits of the property
B)Easement because the servient estate is under obligation to let others use the property
C)None, because in both cases there is no transfer of title
D)Easement because easement is enforceable even if there is no contract

Question 16

Are growing crops real property?

A)Yes, for the purpose of civil law
B)No, for the purpose of criminal law
C)No, for the purpose of commercial law
D)All of the above

Question 17

A, donated a parcel of land to the unborn child of H and W, is the donation valid?

A)No, because there is no donee yet
B)No, because there is no one yet to accept the donation
C)Yes, provided the child be born alive or to live for at least 24 hours under certain conditions
D)No, because the donee has no name yet to whom the land is to be transferred

Question 18

Mr. J constructed a basketball court at the middle of the street, may Mr. J be charged criminally in court?

A)No. because the remedy is only destruction or removal
B)No, because the case is inlay civil in nature
C)Yes, provided that the basketball court be declared first as a public nuisance
D)Yes, provided that Mr. J did not pay any permit to the local government

Question 19

Mr. X planted a mango tree at the edge of the boundary line of his (X) land with Mr. B. After ten years branches of the mango tree encroached the air space of B. Mr. X is the owner of the encroaching branches because…

A)of the principle "accessory follows the principal
B)the tree is planted in his (X) land
C)in accordance with the law of easement
D)All of the above

Question 20

Which among the properties of the states that could be the subject of prescription in favor of a private person?

A)agricultural land
B)forest land
C)public road
D)seashore

Question 21

Which among the churches listed below is owned by the Roman Catholic Church?

A)Quiapo Church constructed after 1898
B)San Agustin Church constructed before 1898
C)Manila Cathedral constructed before 1898
D)Vigan Church constructed before 1898

Question 22

Which among the group of things listed below could not be considered as a property?

A)res nullius
B)res communes
C)res alicujus
D)None of the above

Question 23

Patrimonial Property of the State refers to

A)those no longer intended for public use and public service
B)those no longer intended for public good and public welfare
C)those actually possessed, occupied or utilized by indigenous cultural minorities by themselves or through their ancestors
D)none

Question 24

The document issued by the government agency concerned stating that mineral resources project under consideration will not bring about an unacceptable environmental impact and that the proponent has satisfied the requirements of the environmental impact system is called

A)Environmental Compliance Certificate (ECC)
B)Environmental Impact Statement (EIS)
C)Joint Venture Agreement (JVA)
D)Mineral Resource EDUC Certification

Question 25

Which of the following marriages is void for reasons of public policy?

A)Between brothers and sisters, whether of the full or half blood
B)Between step-parents and step children
C)Between parents-in-law and children-in-law
D)B and C