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7. Family Code

VII.

Write "TRUE" if the statement is true or "FALSE" if the statement is false. If the statement is FALSE, state the reason. (2% each).

  1. Roberta, a Filipino, 17 years of age, without the knowledge of his parents, can acquire a house in Australia because Australian Laws allow aliens to acquire property from the age of 16.
  2. If a man commits several acts of sexual infidelity, particularly in 2002, 2003, 2004, 2005, the prescriptive period to file for legal separation runs from 2002.
  3. An individual, While single, purchases a house and lot in 1990 and borrows money in 1992 to repair it. In 1995, such individual gets married while the debt is still being paid. After the marriage, the debt is still the responsibility of such individual.
  4. The day after John and Marsha got married, John told her that he was impotent. Marsha continued to live with John for 2 years. Marsha is now estopped from filing an annulment case against John.
  5. Amor gave birth to Thelma when she was 15 years old. Thereafter, Amor met David and they got married when she was 20 years old. David had a son, Julian, with his ex-girlfriend Sandra. Julian and Thelma can get married.

1 comment:

Anonymous said...

VII.

1.

FALSE. Roberta’s legal capacity to acquire property, she being a Filipino, is governed by her national law, that is, Philippine law. Under Philippine law, Roberta is still a minor and needs her parent’s consent before she can acquire a house in Australia.

2.

FALSE. The prescriptive period to file an action for legal separation starts to run from the time of the occurrence of the cause. Several acts of sexual infidelity were committed in 2002, 2003, 2004, and 2005. Hence, the prescriptive period can start to run from 2005 for the sexual infidelity committed during that year.

3.

FALSE. The debt is an ante-nuptial debt redounding to the benefit of the family. Hence, the community property of the spouses shall be liable for its payment.

4.

FALSE. Marsha is not estopped although she had not filed an annulment immediately because it must still be found out if her husband’s impotency is continuous and incurable. Besides, the prescriptive period for the filing of annulment on the ground of impotency is five years after the marriage.

5.

TRUE.