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Answers to the Final Exams:

I. a. Litos marriage to Lita is still valid and subsisting. Litos marriage with Lita has not been
declared null and void or annulled by competent court as such remains valid notwithstanding the
lack of communication between Lito and Lita for the past 12 years.
b. Litas marriage to Jaime is void. Article 41 of the Family Code provides that a marriage
contracted by any person during the subsistence of a previous marriage shall be void except
when the present spouse instituted a summary proceedings to declare the spouse absent as
presumptively dead. In the given case, Lita failed to comply with the requirement of Article 41
making her marriage to Jaime null and void.
II. Yes, the trial court may grant the petition for declaration of nullity of marriage if the totality
of evidence was enough to support a finding of psychological incapacity. Personal medical or
psychological examination of a person is not a requirement for a declaration of psychological
incapacity. What is important is the presence of evidence that can adequately establish the
partys psychological condition.
III. It depends. If the cost of the building and any resulting increase in value are more than the
value of the land then Marias land and the building will be owned by the conjugal partnership
subject to reimbursement of the value of the land otherwise Maria owns the building subject to
reimbursement to the conjugal partnership. This is pursuant to Article 120 of the Family Code.
IV. Yvone owns the apartment donated to her by her uncle as well as interest on the house and
lot acquired by her and Victor during their cohabitation. Victor, on the other hand, also owns
interest on the house and lot. Since their marriage was nullified because of psychological
incapacity Article 147 of the Family Code governs their property relations and under the said
provision all property acquired by both of them through their work or industry shall be governed
by the rules on co-ownership which is presumed to be in equal shares in the absence of proof to
the contrary.
V.No, because Nikki has already condoned the offense committed by Christian when Nikki
decided to give their relationship another try and lived with Christian for 2 years. Condonation is
a defense against action for legal separation.
Alternative Answer: Yes, because the case was filed within the prescriptive period of 5 years.
VI. No, the trial court is not correct. There is no rules as regards the use of middle name and
considering that adoption is in the best interest of the child it is but proper for the child to use the
surname of the mother as middle name as she was after all her mother.
VII. Yes the trial court is correct. Under the law, spouses must jointly adopt except only in those
instances where the law allows one party to adopt like adopting his or her own illegitimate child
or the legitimate child of ones spouse.

VIII. Yes I will dismiss the case. Article 175 of the Family Code provides that if the action is
based on 2nd paragraph of Article 172 of the Civil Code, the action to establish legitimate
filiation may be brought during the lifetime of the alleged father. Considering that Mang Sol is
already dead Yaya Dub can no longer establish her illegitimate filiation especially since her
claim is based on 2nd paragraph of Article 172.
Part B.
1. marriage
2. essential*
3. formal*
4. absence
5. defect
6. irregularity
7. marriage is in articulo mortis*
8. marriage in remote place*
9. marriage between members of ethnic cultural communities*
10. marriage between common-law husband and wife who have at least 5 years of
cohabitation.*
11. bigamous/polygamous marriages*
12. psychological incapacity
13. incestuous marriages*
14. void because of public policy*
15. parental consent
16. fraud*
17. force and intimidation and undue influence*
18. insanity*
19. serious and incurable
20. physical incapacity or impotency
21. legal separation
22. marriage bond
23. consent
24. condonation
25. connivance
26. collusion
27. prescription
28. both parties have give grounds/mutual guilt
29. ACP
30. CPG
31. complete separation
32. marriage settlement
33. before the celebration
34. family home
35. husband and wife
36. unmarried head of the family
37. ascendants

38. descendant
39. brothers and sisters
40. 300,000; 200,000
41. execution, forced sale or attachment
42. paternity
43. filiation
44. legitimate or illegitimate
45. mutual support
46. spouses
47. ascendants of the nearest degree
48. parental authority
49. special parental authority
50. principally and solidarily

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