ARNELISSA G.

CRUZ
PFR Final Exam

I. Multiple Choice.

1. C - Article 74 of FC (1)

Art. 74. The property relationship between husband and wife shall be governed in the following
order:

(1) By marriage settlements executed before the marriage;

2. C – Article 75 of FC

Art. 75. The future spouses may, in the marriage settlements, agree upon the regime of absolute
community, conjugal partnership of gains, complete separation of property, or any other
regime. In the absence of a marriage settlement, or when the regime agreed upon is void, the
system of absolute community of property as established in this Code shall govern.

3. D – Article 77 of FC

Art. 77. The marriage settlements and any modification thereof shall be in writing, signed by the
parties and executed before the celebration of the marriage. They shall not prejudice third
persons unless they are registered in the local civil registry where the marriage contract is
recorded as well as in the proper registries of properties.

4. B – Article 78 of FC

Art. 78. A minor who according to law may contract marriage may also execute his or her
marriage settlements, but they shall be valid only if the persons designated in Article 14 to give
consent to the marriage are made parties to the agreement, subject to the provisions of Title IX
of this Code.

5. D – Article 80 of FC

Art. 80. In the absence of a contrary stipulation in a marriage settlement, the property relations
of the spouses shall be governed by Philippine laws, regardless of the place of the celebration of
the marriage and their residence.

This rule shall not apply:

(1) Where both spouses are aliens;

 (2) With respect to the extrinsic validity of contracts affecting property not situated in the
Philippines and executed in the country where the property is located; and
(3) With respect to the extrinsic validity of contracts entered into in the Philippines but
affecting property situated in a foreign country whose laws require different formalities for
its extrinsic validity.

6. D – Article 86 of FC (6)

Art. 86. A donation by reason of marriage may be revoked by the donor in the following cases:
(6) When the donee has committed an act of ingratitude as specified by the provisions of the
Civil Code on donations in general.

7. A – Article 84 of FC (1)

Art. 84. If the future spouses agree upon a regime other than the absolute community of
property, they cannot donate to each other in their marriage settlements more than one-fifth of
their present property. Any excess shall be considered void.

8. D – Article 84 of FC (1)

Art. 84. If the future spouses agree upon a regime other than the absolute community of
property, they cannot donate to each other in their marriage settlements more than one-fifth of
their present property. Any excess shall be considered void.

9. C – Article 86 of FC (4)
Art. 86. A donation by reason of marriage may be revoked by the donor in the following cases:

(4) Upon legal separation, the donee being the guilty spouse.

10. D – Article 177 of FC

Art. 177. Only children conceived and born outside of wedlock of parents who, at the time of the
conception of the former, were not disqualified by any impediment to marry each other, or
were so disqualified only because either or both of them were below eighteen (18) years of age,
may be legitimated.

11. A – Article 178

Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The
annulment of a voidable marriage shall not affect the legitimation.
12. D – RA 8552 Sec.7 (c) (iii)
(c) The guardian with respect to the ward after the termination of the guardianship and
clearance of his/her financial accountabilities.

Husband and wife shall jointly adopt, except in the following cases:
(iii) if the spouses are legally separated from each other.

13. D – RA 8552 Sec. 9 (a)

SEC. 9. Whose Consent is Necessary to the Adoption. – After being properly counseled and
informed of his/her right to give or withhold his/her approval of the adoption, the written
consent of the following to the’ adoption is hereby required:

(a) The adoptee, if ten (10) years of age or over.

14. D – Article 209 of FC

Art. 209. Pursuant to the natural right and duty of parents over the person and property of their
unemancipated children, parental authority and responsibility shall include the caring for and
rearing them for civic consciousness and efficiency and the development of their moral, mental
and physical character and well-being.

15. D – Article 228 of FC

Art. 228. Parental authority terminates permanently:

(1) Upon the death of the parents;

(2) Upon the death of the child; or

(4) Upon emancipation of the child.

16. D – Article 151 of FC (2)

Art. 151. No suit between members of the same family shall prosper unless it should appear
from the verified complaint or petition that earnest efforts toward a compromise have been
made, but that the same have failed. If it is shown that no such efforts were in fact made, the
same case must be dismissed.
 This rules shall not apply to cases which may not be the subject of compromise under the Civil
Code.

17. A – Article 155 of FC (1)

Art. 155. The family home shall be exempt from execution, forced sale or attachment except:

(1) For nonpayment of taxes;

18. C – Article 154 of FC

Art. 154. The beneficiaries of a family home are:

(1) The husband and wife, or an unmarried person who is the head of a family; and

(2) Their parents, ascendants, descendants, brothers and sisters, whether the relationship be
legitimate or illegitimate, who are living in the family home and who depend upon the head of
the family for legal support.

19. B – Article 223 of FC (2)

Art. 223. The parents or, in their absence or incapacity, the individual, entity or institution
exercising parental authority, may petition the proper court of the place where the child resides,
for an order providing for disciplinary measures over the child. The child shall be entitled to the
assistance of counsel, either of his choice or appointed by the court, and a summary hearing
shall be conducted wherein the petitioner and the child shall be heard.

However, if in the same proceeding the court finds the petitioner at fault, irrespective of the
merits of the petition, or when the circumstances so warrant, the court may also order the
deprivation or suspension of parental authority or adopt such other measures as it may deem
just and proper.

20. C – Article 225 of FC (2)

Art. 225. The father and the mother shall jointly exercise legal guardianship over the property of
the unemancipated common child without the necessity of a court appointment. In case of
disagreement, the father’s decision shall prevail, unless there is a judicial order to the contrary.

Where the market value of the property or the annual income of the child exceeds P50,000, the
parent concerned shall be required to furnish a bond in such amount as the court may
determine, but not less than ten per centum (10%) of the value of the property or annual
income, to guarantee the performance of the obligations prescribed for general guardians.
II. Essay.

1. Absolute Community of Property. For Spouses who got married on August 3, 1988 or thereafter
without any marriage settlement, their property shall governed by regime of Absolute
Community of Property.
2. The properties included in said property regime :
a. All the property owned by the spouses at the time of the celebration of marriage.
b. All property acquired by the spouses during the marriage.

3. Under Article 164 (1) of the Family Code, “Children conceived or born during the marriage of
the parents are legitimate. Thus, Mara, Mario and Jona are the legitimate children.

Jemma is illegitimate child because Article 165 of FC provides that children conceived and born
outside a valid marriage are illegitimate.

While Janus and James are legitimated children because Juan and Jenny got married five (5)
years after giving birth to them. According to Article 178 of the Family Code, legitimation shall
take place by a subsequent valid marriage between parents. The effects of legitimation shall
retroact to the time of the child’s birth. (Art.180, FC)

4. Art. 63. The decree of legal separation shall have the following effects:
(1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall
not be severed;

(2) The absolute community or the conjugal partnership shall be dissolved and liquidated but
the offending spouse shall have no right to any share of the net profits earned by the absolute
community or the conjugal partnership, which shall be forfeited in accordance with the
provisions of Article 43(2);

(3) The custody of the minor children shall be awarded to the innocent spouse, subject to the
provisions of Article 213 of this Code; and

(4) The offending spouse shall be disqualified from inheriting from the innocent spouse by
intestate succession. Moreover, provisions in favor of the offending spouse made in the will of
the innocent spouse shall be revoked by operation of law.

5. Yes. The house and lot donated by the father of Juan can be constituted as the Family Home as
long as Juan and Maria actually resides therein. The law provides that:

Art. 152. The family home, constituted jointly by the husband and the wife or by an unmarried
head of a family, is the dwelling house where they and their family reside, and the land on which
it is situated.
 Art. 153. The family home is deemed constituted on a house and lot from the time it is occupied
as a family residence. From the time of its constitution and so long as any of its beneficiaries
actually resides therein, the family home continues to be such and is exempt from execution,
forced sale or attachment except as hereinafter provided and to the extent of the value allowed
by law.

6. The innocent spouse along with her children will stay at the Family Home. Referring to Article 63
(2) the law provides that “The decree of legal separation shall have the following effects:

(2) The absolute community or the conjugal partnership shall be dissolved and liquidated but
the offending spouse shall have no right to any share of the net profits earned by the absolute
community or the conjugal partnership, which shall be forfeited in accordance with the
provisions of Article 43(2);”

7. The heirs of Maria are Mario, Mara, Jona and Juan.

8. Jenny’s surname shall be used by Jemma.
ARTICLE 368. Illegitimate children referred to in article 287 shall bear the surname of the
mother.
9. Surviving Grandparent. Under Art. 214. In case of absence or death of either parent, the parent
present shall continue exercising parental authority. The remarriage of the surviving parent shall
not affect the parental authority over the children, unless the court appoints another person to
be the guardian of the person or property of the children.
10. The heirs of Juan are Mara, Mario, Jona, Janus, James (legitimate children); and Jemma
(illegitimate child).
The legitime of legitimate children and descendants consists of one-half of the
hereditary estate of the father and of the mother. The latter may freely dispose of the remaining
half, subject to the rights of illegitimate children and of the surviving spouse as hereinafter
provided (Art. 888,Civil Code). However, the legitime of each illegitimate child shall consist of
one-half of the legitime of a legitimate child (Art.176, FC).
11. Art. 42 states that civil personality is extinguished by death. The effect of death upon the rights
and obligations of the deceased is determined by law, by contract and by will. Thus, the second
marriage of Juan is valid.
12. If Jona will file a case against all the children, it should appear from the verified complaint or
petition that earnest efforts toward a compromise have been made, but that the same had
failed.
 13. Petition for adoption

Republic of the Philippines

FAMILY COURT
Third Judicial Region
Branch 8
San Jose City
IN THE MATTER OF
ADOPTION OF MINOR
JEMMA MASIPAG SP. PROC. NO. 8888-SJ-2020

JUAN TAMAD,
Petitioner
x---------------------------------------------------------x

PETITION

PETITIONER through undersigned counsel to this Honorable Court respectfully

states THAT:

1. Petitioner is of legal age, married, Filipino and resident of 88 Sitio Bubon, Brgy.
Sto Tomas, San Jose City, Nueva Ecija;

2. Petitioner and Jenny Masipag, herein mother of the adoptee, met sometime in
2003, they fell in love instantly and had a romantic relationship;
3. Sometime in 2008, due to some irreconcilable differences, Maria Matulungin, the
lawful wife of petitioner obtained a decree of legal separation against herein
petitioner which was issued on October 8, 2008 herein attached as Annex A

4. Petitioner fell in love with another woman, Jenny Masipag, who he cohabited after
the final decree of legal separation was issued.

5. On August 8, 2008 JEMMA MASIPAG was born, thus she was born during the
existence of the marriage of Maria Delos Santos and her father Juan Tamad. Copy
of her Certificate of Live Birth hereto attached as ANNEX “B”;

6. Sometime in 2009, after months of cohabitation with Jenny Masipag, they realized
that they are not meant for each other, thus they decided to end their relationship

7. Maria Matulungin and herein petitioner decided to give their relationship a second
chance and became romantically involved with each other again.

8. Petitioner now seeks to adopt his biological daughter Jenny Masipag to correct all
the mistakes and errors of the past, to reflect the truth, and most importantly, to
improve the status of the adoptee;

9. Petitioner has two (3) grown up children namely Mara Tamad and Mario Mario
Tamad and Jona Tamad who have signified their conformity to this adoption as
evidenced by their Joint Affidavit hereto attached as ANNEX “C” to C-2;

10. Petitioner is exceedingly desirous to adopt his biological daughter Jemma

Masipag;
11. Jemma Masipag and her biological mother, Jenny Masipag have given their
conformity to this adoption as evidenced by their affidavit hereto attached and
marked as ANNEXES “D” and “E”;

12. To prove the financial capacity of the petitioner to provide the needs of the minor
sought to be adopted, he is attaching herewith his financial savings and real
properties as follows:

a. Certification of Treasury Placement/Investments (USD) issued by DBS Bank

& Trust Co. as ANNEX “F”;
b. TCT No. T-7654888, TCT No. 675988875; TCT No. 8888836849575 and
TCT No. 788888864850 as ANNEXES “G” to G-4

13. Petitioner has not been indicted of any crime as evidenced by Certification issued
by the Municipal Trial Court in Cities, Cabanatuan City hereto attached and
marked as ANNEX “H”;

14. Minor Jemma Masipag has no known income or property of her own;

15. Petitioner has the utmost love and affection to his biological daughter Jemma
Masipag

16. Petitioner is financially capable of providing all the material need, sustenance,
support and education of the minor and he is likewise capable of nurturing the
emotional needs of the said minor;

17. That it is likewise the desire of the petitioner that the name of the minor be
changed from Jemma Masipag to Jemma M. Tamad
 WHEREFORE, and in view of the foregoing, it is respectfully prayed after
due notice, hearing and publication, judgement be rendered declaring the minor
Jemma Santos be declared for all legal intents and purposes the child of the herein
petitioner and that her name as appearing in the Certificate of Live Birth of the
Office of the Civil Registrar of San Jose City be changed from Jemma Masipag to
Jemma S. Tamad.

San Jose City, December 17, 2020.

ATTY. ARNELISSA G. CRUZ

Counsel for the Petitioner
Brgy. Malasin, San Jose City
Roll of Attorneys No.8888 Issued on 10-08-1989
IBP No. 8888 /NE Chapter Issued on October 8, 1990
PTR No. 1111111 Issued on Jan 20, 1990
MCLE Compliance No. V-88888
Tel. No. (044) 888-8888, Cell Phone No. 0917-888-8888
 PRE-NUPTIAL AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This PRE-NUPTIAL AGREEMENT, entered into this 2nd day of March in San 1988
Jose City, Nueva Ecija, by and between JUAN TAMAD, and MARIA MATULUNGIN,
both of legal age, and residing at Brgy. Malasin, San Jose, Nueva Ecija and Sitio
Bubon, Brgy. Sto. Tomas, San Jose City, Nueva Ecija, respectively

WITNESSETH:

THAT the parties hereto are about to enter into a contract of marriage, tentatively
scheduled to take place sometime in 3rd of August, 1988;

THAT they hereby mutually agree that all the property, real and personal, now
owned by the future wife, MARIA MATULUNGIN, shall remain to be own exclusive
and separate property, subject to her disposition, administration, and enjoyment,
particularly the five (5) parcels of land, described in Transfer Certificate of Title
No. T-8899, T- 8888, T-8877, T-8866, and T-8855, one house and lot, located at
Sitio Bubon, Brgy. Sto. Tomas, San Jose City, Nueva Ecija described in Transfer
Certificate of Title No. T-8844, a five million (P5,000,000.00) bank deposit at
Metrobank San Jose City Branch in account number 1234-888-80, and two (2)
units motor vehicle described in Land Transportation Office, Certificate of
Registration Nos.: CR 008888 and CR 008888 dated March 8, 1986 and August 30,
1987, respectively; while those of the future husband, JUAN TAMAD shall likewise
remain also to be his own exclusive and separate property, subject to his absolute
disposition and administration;
THAT all properties and earnings acquired after marriage by any party or jointly by
both parties shall constitute conjugal properties or funds which, among other
common purposes, shall defray or take care of family expenses, including the
rearing and education of future children that may be begotten or that may be
adopted during the marriage;

THAT this agreement shall take effect upon the celebration of the marriage.

IN WITNESS WHEREOF, the parties hereto have signed their names unto this
document on the date and at the place first above written.

JUAN TAMAD MARIA MATULUNGIN

Future Husband Future Wife

SIGNED IN THE PRESENCE OF:

Bill Gates Steve Jobs

ACKNOWLEDGMENT

Republic of the Philippines)

San Jose City, Nueva Ecija) SS.

BEFORE ME, a Notary Public in and for San Jose City, Nueva Ecija, Philippines, this
17th day of December, personally appeared:

Name Res. Cert. No./ Date/Place

 Passport No. Issued

JUAN TAMAD 1988-88888888 Oct.18,1986, Rizal, NE

MARIA MATULUNGIN 1989-88888888 Mar.28, 2020, SJC, NE

known to be the same persons who executed the foregoing instrument and they
acknowledged to me that the same is their free and voluntary act and deed.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial

seal on the date and place first above written.

ARNELISSA G. CRUZ
Notary Public for San Jose City
Until December 31, 2020
Malasin, San Jose City, Nueva Ecija
Roll of Attorneys No. 88888
IBP No. 88888; 08-08-2015
PTR No. 5000000; 01-08-2018
MCLE No. 004000; 12-05-2020

Doc. No. 88
Page No. 108
Book No. XX
Series of 2020.