A REVIEW OF PERSONS AND FAMILY RELATIONS

INSTRUCTION: Write your name on the space herein below provided. Answer each item by encircling
the letter corresponding to your choice. Each item is worth 2 points. You must finish this examination
in just 45 minutes. Good luck!
Name: _____________________________
Begin here:
1. Rights may be waived provided that the waiver is not contrary to law, morals, good customs, public
order or public policy. Which of the following is not a requisite for a valid waiver of rights?
a. Existence of a right.
b. Waiver must be express.
c. Bona fide intention to waive the right.
d. Knowledge of the existence of the right.
2. The Family Code of the Philippines took effect on
a. August 30, 1987.
b. August 3, 1987.
c. August 3, 1988.
d. August 30, 1950.
3. Congress passed R.A. 7167 which provides that it shall take effect upon its approval. It was signed
and approved on December 19, 1991 and published on January 14, 1992 in a newspaper of general
circulation. When did R.A. 7167 take effect?
a. December 19, 1991 which is the date of its approval because RA 7167 expressly provides that it shall
take effect upon approval.
b. January 14, 1992, the date of publication.
c. On the fifteenth day from the date of publication, that is, January 29, 1992.
d. January 30, 1992.
4. Article 3 of the NCC provides that ignorance of the law excuses no one from compliance therewith.
The word law therein refers to
a. Only domestic bills of general applicability.
b. Domestic laws of general applicability and foreign laws, except that foreign laws must be proved as
a fact.
c. Any law since Article 3 does not distinguish.
d. None of the above.
5. Rodolfo Salas was arrested and charged with Rebellion. Thereafter, a petition for a writ of habeas
corpus was filed, but it was later withdrawn as the parties came to an agreement that, among others,
accused Salas will remain in legal custody and face trial before the court having jurisdiction over his

person. Shortly after the withdrawal of the petition for habeas corpus, Salas filed a petition for bail to
which the public prosecutor opposed on the ground that Salas has already expressly waived his right to
bail in agreeing to remain in legal custody even during the pendency of the trial of his criminal case. Is
the public prosecutor correct?
a. Yes, because the waiver is valid, the right involved being personal granted by law for the sole
benefit of the accused.
b. No, because right to bail is given by the State to the accused in light of the basic policy regarding
presumption of innocence; hence, waiver thereof is offensive to public policy.
c. No, because the waiver of right to bail is contrary to the Constitution, the fundamental law of the
land.
d. Yes, because a person has a right to waive any of his rights.
6. Which of the following is accurately true?
a. Laws shall take effect after fifteen days from their publication in the Official Gazette or in the
newspaper of general circulation in the Philippines, unless it is otherwise provided.
b. Judicial decisions applying or interpreting the laws or the Constitution shall constitute part of the law
as of the date it was originally passed.
c. A judge or court may decline to render judgment by reason of the silence, obscurity or insufficiency
of the laws.
d. Publication is always indispensable before all laws/rules/regulations shall take effect.
7. Article 13 of NCC provides that [w]hen the laws speak of years, months, days or nights, it shall be
understood that years are of three hundred sixty-five days each; months, of thirty days; days, of twentyfour hours; and nights from sunset to sunrise xxx. Quezon is charged with serious oral defamation on
May 11, 1964. The complaint alleges that the offense was committed on November 11, 1963. Under
Article 90 of the Revised Penal Code offenses of oral defamation and slander by deed shall prescribe
in 6 months. Had the offense already prescribed, given the above facts?
a. No, it did not prescribe yet as of May 11, 1964 because it is well within six months counted from
November 11, 1963.
b. No, it did not prescribe yet as of May 11, 1964 because the provision in Article 13 of the Civil Code
does not apply to the periods provided for in the Revised Penal Code.
c. Yes, the offense had already prescribed because month is understood as 30 days and, thus, 6
months is actually equivalent to 180 days; and, May 11, 1964 is already beyond 180 days from
November 11, 1963.
d. No, because it is still within the period allowed by law if we count the actual number of days in each
calendar month.
8. X, a Filipino, is legally married to Y, a Korean national. The marriage took place in Korea and they
stayed there for few years. Thereafter, X left Korea and did not communicate with Y anymore. Y
followed X in the Philippines and filed a suit for support. X refused because under Korean law, a wife
is not entitled to support from the husband. Is Y entitled to support?
a. No, because Y's right to receive support is governed by his national law, that is, Korean law.
b. No, because she cannot invoke Philippine law as she is a Korean national.
c. Yes, because she is entitled to support according to Philippine law, the national law of X.
d. Yes, because the case is brought in the Philippines and, therefore, Philippine law applies.

9. Which of the following is false?

a. Customs may have the force of law, provided they are not contrary to public order/policy.
b. Article 13 of the Civil Code pertaining to computation of periods does not apply to contracts.
c. Jurisprudence shall form part of the legal system of the Philippines.
d. Ignorance of foreign laws excuses.
10. The following statements are all wrong, EXCEPT
a. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are
binding upon all, even though living abroad.
b. When the laws speak of years, months, days or nights, it shall be understood that years are of 365
days each; months, of 30 days; days, of 24 hours; and nights, from sunset to sunrise.
c. Any person who willfully or negligently causes loss or injury to another in a manner that is contrary
to morals, good customs, or public policy shall compensate the latter for the damage.
d. Private individual cannot stop thoughtless extravagance in expenses for pleasure or display during a
period of acute public want or emergency.
11. Mr. X, for the first time, was convicted of a particular offense by final judgment. While serving his
sentence in jail, a new law was passed by Congress, which expressly decriminalizes the offense
committed by Mr. X. Should Mr. X be released from jail on account of this development?
a. Yes, because penal laws may be given retroactive application.
b. Yes, because the new law decriminalizes the offense committed by Mr. X in the past.
c. No, because the judgment convicting Mr. X had already attained finality.
d. No, otherwise it would empower Congress to overturn the judgment of the Court.
12. The following are true, except
a. All natural persons have capacity to act.
b. Nobody has 100% capacity to act.
c. Juridical capacity is inherent in every person and is lost only through death.
d. Personality commences from conception, not from birth, subject to Article 41 of the Civil Code.
13. Juridical capacity is the fitness to be the subject of legal relations. Which of the following is true
about juridical capacity?
a. An infant has more juridical capacity than foreigners.
b. Juridical capacity is the same in every person, regardless of anything.
c. Most people have the same juridical capacity.
d. The court may divest a person of his/her juridical capacity.
14. Civil personality is extinguished by death. The effect of death upon the rights and obligations of the
deceased is determined by the following, except
a. Law
b. Contract
c. Oral declaration of the deceased

d. None of the above

15. So desperate to save the economy, Congress passed a law declaring that all persons shall pay a
certain kind of tax at one peso each. Maria was pregnant at the time the said law took effect. Having
successfully delivered her first born, the tax collector demanded from Maria to pay the government two
pesos, for herself and for her new born. Should the new born be subject to tax?
a. Yes, although at the time the law took effect the baby was still in the womb, his personality retroacts
to the time of his conception, having met the requirements of Article 41 of the Civil Code.
b. No, because the baby has no income yet.
c. No, the tax law cannot be given retroactive application, it being disfavorable to the baby.
d. Yes, the Government has the power to decide whom to tax.
16. On April14, 1998, Marisa learned that she was pregnant. She then informed her father about this.
Because of too much joy, the father immediately executed a deed of donation giving his land to
Marisa's baby. This is duly accepted by Marisa on behalf of her baby. On October 28, Marisa
successfully delivered her baby in the hospital who was very much alive, but died an hour later because
the nurse accidentally dropped it on the floor. What is now the status of the said donation?
a. Valid, because the baby was alive when separated from the maternal womb and even if the baby died
subsequently, the baby had already acquired a personality.
b. Valid, because because the father did not provide that it is subject to a condition, that is, the baby
should survive.
c. Void, as there is no donee.
d. Valid, because the baby's death is not due to a natural cause but due to accident.
17. Monica Bona, widow of testator Francisco Briones, applied for probate of the will of the latter. This
was opposed by the legitimate children of the deceased with his first wife on the ground that the will is
void because it does not contain an attestation clause. At the time the will was made however, the law
then prevailing did not require the observance of attestation clause. Which of the following statements
is correct?
a. The will is ineffective because, at the time of death of the testator, the law already requires the
presence of an attestation clause in all notarial wills.
b. Law in force at the time of the making of the will governs its forms and solemnities, and the new law
adding new requisites for validity of will cannot be given retroactive application.
c. The will of Briones is valid because the law frowns intestacy.
d. The will is void because attestation clause is a substantive requirement.
18. Central Bank (CB) issued Circular No. 20 to implement RA 265. This circular requires all persons
to sell to the CB any foreign exchange, i.e., US dollars, US checks, money orders, etc. within one day
following their receipt. For failing to sell his dollars to the CB within the time required by the circular,
Que Po Lay was charged criminally charged. His defense is that the said circular was not published
and, thus, it has no force and effect. Is this a good defense?
a. No, because circular is not a law. Article 2 of the Civil Code requires mandatory publication of
Laws only, before they take effect.
b. No, Circular # 20 need not be published because RA 265, the law which it seeks to implement, does
not require such publication.

c. Yes, publication is indispensable since the circular contains penal provisions.

d. Yes, publication is indispensable because the word laws in Article 2 of the Civil Code includes
circulars.
19. Joni and Jane were boyfriend and girlfriend to each other. They rode on an airplane that was bound
for Singapore for a lover's tour; Joni planned to propose marriage with Jane there in SG. But, destiny is
too harsh for the lovers because, few hours after reaching the place, civil war was declared. Until the
present, the lovers could not be found. Joni was 21 years old while Jane was 27 at the time of the
incident. In the absence of proof, it is presumed that
a. Joni died ahead of Jane.
b. Jane died ahead of Joni.
c. Both died at the same time and there shall be no transmission of rights from one to the other.
d. Joni is deemed to have survived.
20. On the 6th month of her pregnancy, Janice prematurely delivered her baby. The baby was then alive
but depended very much on a life support system. However, 23.99 hours after complete delivery from
the maternal womb, the janitor accidentally tripped on the life support's plug and caused the baby's
death. Given these facts, did the baby acquire civil personality?
a. Yes, because Article 41 of the Civil Code does not contemplate death due to external causes, i.e.,
accidents. It only covers death due to natural causes.
b. Yes, because the baby survived for a very much substantial period of time, that is, 23.99 hours, and
the difference in time is so small a matter to be delved into. The law should favor the child.
c. No, because it died within 24 hours following complete delivery from the maternal womb.
d. No, because the baby depended on the life support system right at the outset, without which it could
have died earlier.
21. Marriage is a special contract according to law. Which of the following is incorrect?
a. The rights and duties of spouses are specified by law, while in ordinary contracts the parties define
their respective obligations.
b. The parties in marriage do not have the right to terminate their relationship, but in ordinary contracts
the same is terminable by agreement of the parties.
c. Generally, breach of obligation in marriage is not actionable, while breach of obligation in ordinary
contracts gives rise to action for damages.
d. None of the above.
22. Before their marriage, Mr. Plazo and Ms. Pepita executed a written agreement whereby Ms. Pepita
promised to pay Mr. Plazo Php 10,000 every month, provided that Mr. Plazo would resign from his job
and be always visible to Ms. Pepita's sight. Few months after the marriage, Ms. Pepita did not anymore
pay Mr. Plazo his promised allowance. Mr. Plazo then sued his wife in court to enforce their agreement.
Should Ms. Pepita be ordered to continue paying her husband in view of their written agreement, which
they voluntarily entered?
a. Yes, otherwise it would be very much unfair to Mr. Plazo who left his job beleiving that his wife
would honor her promises.
b. Yes, because permitting the wife to discontinue the payment of the promised amount would, in
effect, sanction abuse of rights.

c. No, because the agreement is contrary to public policy.

d. No, because Mr. Plazo should find a job and should not depend on Ms. Pepita for life.
23. The following may solemnize marriage anywhere in the Philippines, except
a. Associate Justice of the SC (Supreme Court)
b. Justice at the OSG (Office of the Solicitor General)
c. Justice of the CTA (Court of Tax Appeals)
d. Justice of the Sandigan Bayan
24. Sevilla asks for a declaration of nullity of his marriage to Cardenas on the ground that the marriage
was solemnized without a marriage license. Cardenas argued that there is a Marriage License No.
2770792.The local civil registrar was asked to furnish evidence affirming the existence of said license.
The representative who appeared in court certified that they could not find the registry book
supposedly containing the relevant information because the person in charge has already retired. Is
the marriage valid?
a. No, because the marriage license could not be located and it is the best and only evidence to prove
its existence.
b. No, because certification from the Office of the Local Civil Registrar of the fact that no marriage
license could be found in their files or records is enough evidence to prove lack of said marriage
license.
c. Yes, because loss of the registry book cannot be taken as proof of the non-issuance of a marriage
license.
d. Yes, regardless of its absence since marriage license is just a formal requisite of marriage.
25. Jack Sparow was a pirate. On March 8, 2004, his group seized a passenger ship in the middle of
Sulu Sea. While committing robbery aboard the said ship, Mr. Sparow untimely suffered a heart attack.
Mr. Sparow then requested the ship captain to solemnize his marriage with his lovely co-pirate, Martha,
who was present at the time. The ship captain, after having verified that Mr. Sparow was dying, granted
the last wishes of the latter. After the parties had exchanged vows, Mr. Sparow expired. As a rule, was
the marriage valid?
a. Yes, because the law presumes validity of marriage.
b. Yes, because all the requisites of a marriage in articulo mortis are present.
c. No, because of lack of formal requisite, that is, the authority of solemnizing officer.
d. No, because of lack of formal requisite, that is, a valid marriage license.
26. In Republic of Timbukto, a man and a woman who cohabit with each other for 3 consecutive years
is, for all intents and purposes, considered married to each other. Mark and Lucy, both Filipino citizens
of marrying age, migrated to the State of Timbukto and cohabited there as husband and wife for more
than 3 successive years. Thus, in Timbukto they are considered to have been duly married. Under
Philippine law, are they married to each other?
a. Yes, because all marriages solemnized outside the Philippines, in accordance with the laws in force
in the country where they were solemnized, and valid there as such, shall also be valid in the
Philippines, except those prohibited under Articles 35(1), (4), (5), and (6); 36; 37; and 38.
b. Yes, because Article 17 of the Civil Code provides that the forms and solemnities of contracts (i.e.,
marriage) shall be governed by the laws of the country (in this case, Timbukto laws) in which they are

executed.
c. No, because of absence of marriage ceremony.
d. No, because they are both Filipinos and, therefore, wherever they go they are governed by their
national law.
27. Which is an accurate statement?
a. In all contractual, property or other relations, when one of the parties is at a disadvantage on account
of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the
courts must favor for his protection.
b. When both criminal and civil actions/proceedings are pending in court, the criminal action shall
always be given priority.
c. Only Congress can repeal a law.
d. Philippine laws are binding upon citizens of the Philippines, even though living abroad.
28. A and B, father and son respectively, travelled via Flight 138 bound for Manila. The plane exploded
before reaching its destination. A was 35 years old, while B was then 7 years old. No evidence is
available relative to their death, if ever. In this case, law presumes that
a. A died first because he is older than B.
b. B died ahead of A because he is below 15 while A's age is above 15 but below 60.
c. Both died at the same time.
d. Both are deemed to have survived, there being no proof of their death.
29. While walking in the park, Mario found a Marriage License. Thereupon, he falsified it to appear
that it is a license issued in his name and in his wife-to-be's favor. Mario then went to see Rose to
propose that they be secretly married. And as the love between the two souls are outpouring, the lovers
immediately proceeded to Rev. Father Sevillano who, after having seen the Marriage License shown to
him by Mario, solemnized the marriage between the parties. What is the status of the marriage?
a. Valid, but Mario is civilly, criminally, and administratively liable as he is responsible for the
irregularity in the formal requisite.
b. Voidable, because, although there was a marriage license, the same is falsified.
c. Void, because of absence of marriage license.
d. Valid, if either one or both of the contracting parties believe in good faith that Rev. Father Sevillano
has the authority despite the falsified marriage license.
30. Which is false about absolute divorce?
a. Philippine laws do not allow its citizens to obtain absolute divorce.
b. A divorce decree obtained by a Filipino spouse abroad is contrary to public policy, according to
settled jurisprudence.
c. A divorce decree is at all times not recognized here in the Philippines.
d. Divorce is constitutionally prohibited in the Philippines.
31. Lex Rei Sitae is a principle which declares that properties are governed by the law of the place
where they are located. This principle, however, does not apply in succession in which the national law
of the decedent shall govern with regard to the following questions/issues, except

a. who are the decedent's heirs?

b. how much each heir shall get?
c. formalities of wills?
d. who inherits first?
32. Maru and Mirna, both Muslims, decided to get married. They applied for a marriage license which
was granted by the local civil registrar of their place. Three (3) years after obtaining the said license,
Maru and Mirna married each other before a muslim leader, in accordance with the Mohammedan rites.
What is the status of the marriage here?
a. Void, because of lack of a valid marriage license, the same having expired.
b. Voidable, but the solemnizing officer is criminally, civilly, and administratively liable.
c. Valid even if the marriage license has already expired.
d. It depends on the knowledge of the parties as to the expiration date of the said license.
33. On Valentines Day, 1996, Elias and Fely, both single and 25 years of age, went to the city hall
where they sought out a fixer to help them obtain a quickie marriage. For a fee, the fixer produced an
ante-dated marriage license for them, issued by the Civil Registrar of a small remote municipality. He
then brought them to a licensed minister in a restaurant behind the city hall, and the latter solemnized
their marriage right there and then. What is the status of the marriage, assuming all other requisites are
present?
a. Valid
b. Void
c. Voidable
d. Unenforceable
34. Which of the following grounds may be relied upon by the Local Civil Registrar in refusing to issue
a marriage license?
a. that one of the parties to the marriage is below 18 years old.
b. that either or both of the contracting parties are insane.
c. that the applicant is already married to another person, and such marriage is still subsisting.
d. absence of certificate of legal capacity with respect to a foreign applicant.
35. A marriage solemnized by a Judge during Sunday where there is no office is
a. Valid, but the judge is criminally, civilly and administratively liable.
b. Void, except when the parties believe in good faith that the judge has authority.
c. Voidable, since the judge indeed has authority under Article 7 of the Family Code but such authority
is, here, irregularly exercised.
d. Valid as the law favors validity of marriage.
36. An irregularity in the formal requisite of marriage shall:
a. Render the marriage void
b. Render the marriage voidable
c. Not affect the validity of the marriage

d. Give rise to its correction

37. Which of the following requisites is not a formal requisite of marriage?
a. Legal capacity of the contracting parties
b. A valid marriage license
c. A marriage ceremony
d. Authority of the solemnizing officer
38. Marriage may be solemnized by any of the following solemnizing officers, except by:
a. A Provincial Governor, within the province
b. Any priest, rabbi, imam, or minister of any church or religious sect
c. Any consul or vice-consul in the case provided in Article 10
d. Any incumbent member of the judiciary within the courts jurisdiction
39. The following circumstances may not constitute fraud for the annulment of marriage, except:
a. Non-disclosure of a previous conviction by final judgment of a crime of the other party
b. Concealment by the wife of the fact that at the time of the marriage, she was pregnant
c. Concealment of sexually transmissible disease existing at the time of the marriage
d. Concealment of alcoholism existing at the time of the marriage
40. X and Y, father and son, respectively, both perished in the same plane crash incident. X was then 70
years old. In the absence of proof as to who died first:
a. X will inherit from Y
b. Y will inherit from X
c. Both will inherit from each other
d. No one will inherit from the other
41. Janice successfully obtained in court a judicial decree of presumptive death of her husband. Which
of the following is true?
a. Janice can marry at any time after the said decree is rendered by the court because a judicial decree of
presumptive death is immediately final and executory.
b. Janice must wait for 6 months from the publication of the said decree because it is only by then that
the said decree may be considered final and executory.
c. Janice must, first, record the said decree in the local civil registry before she can remarry.
d. Janice cannot remarry despite the said decree of presumptive death as her first marriage is still, in the
eyes of the law, subsisting.
42. Dabon, a handsome bachelor, had impregnated Ms. Clavina, the adopted daughter of Commander
Plaza a notorious NPA leader in the town. The NPA group stormed the house of Dabon and threatened
him through this warning: If you will not marry the daughter of Ka-Plaza within 36 hours, we will tear
you into pieces! Because of the threat, Dabon married the daughter of Commander Plaza. Given these
facts and granting that all other requisites of marriage are present, the aforesaid marriage is?
a. Void

b. Voidable
c. Valid
d. Without basis
43. According to jurisprudence, the following are mandatorily the main elements/factors to be
considered in dealing with issues regarding psychological incapacity under Article 36 of the Family
Code, except:
a. Juridical antecedence
b. Gravity
c. Medical history
d. Incurability
44. Which of the following is true?
a. The reappearance of the missing spouse shall automatically dissolve the subsequent marriage of the
present spouse with another person under the decree of presumptive death.
b. The missing spouse who reappears and who opted not to execute and record an affidavit of his
reappearance in the local civil registrar may validly remarry with another person.
c. Well-founded belief in good faith on the part of the present spouse that the absent spouse is already
dead is an indispensable requirement before a decree of presumptive death may be issued.
d. A decree of presumptive death shall become effective only after 6 months after its publication in the
newspaper of general circulation.
45. Primarily, who decides as regards family domicile?
a. The husband
b. The court
c. The wife
d. The spouses
46. The following may solemnize marriages in articulo mortis in the Philippines, except:
a. Justices of the Court of Appeals
b. Priests
c. Consul-General
d. Ship captain or airplane chief
47. Which of the following is a void incestuous marriage?
a. A marriage between an adopted child and the parent of the adopter.
b. A marriage between an adopted child and an illegitimate child of the adopter.
c. A marriage between the adopting parent and the adopted child.
d. None of the above.
48. Maria is a very beautiful Cebuana. As opposed to what she thought however, her irresistible beauty
has sadly turned out to a curse as it demonized Pedro to rape her repeatedly. At the time of rape, Pedro
was 70 years old, while Maria was 18 years old. For unknown reasons, Pedro, Maria and her parents
have agreed that the two shall settle their plight in marriage. A year after the said marriage, Pedro died

because of fatigue. Thereafter, Maria, who is already 19 years old, decided to marry her childhood
playmate, Mario. The parents of Maria, however, are opposed to their relationship and refused to give
their blessings to the intended marriage. Nonetheless, Maria proceeded to marry Mario despite the lack
of parental consent. In light with the issues presented by the given facts, which of the following is true?
a. The marriage of Mario and Maria is void because of lack of the absence of a final judgment
declaring Maria's previous marriage as dissolved, which must be recorded in the appropriate civil
registry where the marriage certificate of the said previous marriage is registered in order to validly
affect third persons.
b. The marriage of Mario and Maria is voidable because, at the time of marriage, Maria was 19 years
old and her parents did not give their consent to the said marriage with Mario.
c. The marriage of Mario and Maria is valid because Maria has already been emancipated. Thus, even
if Maria was 19 years old at the time of her marriage, parental consent thereto is not required.
d. The marriage of Mario and Maria is contrary to public policy because of failure to liquidate the
properties in the first marriage.
49.
Mar and Carresa has a colorful past. They were ex-lovers when they were in their high school
years. One day, the two accidentally bumped each other in Ayala Mall. Even without exchanging
words, they know very well that they still have special feelings for each other. But, unfortunately, fate
appears to be harsh on them as Carresa is already married to Juan, a very irresponsible man who only
cares for himself. One night, Juan, who was drunk, arrived home. Before he could open the door, he
overheard Carresa mentioning Mar's name. Carresa was then having a chitchat with Lany who is the
common friend of Mar and Carresa. Carresa was telling Lany that she is planning to leave Juan as she
intend to marry Mar. Because of what he heard, Juan attacked Carresa with a knife. Carresa quickly
picked up herself for self-defense. In the end, Carresa had killed Juan. Subsequently, Carresa was
prosecuted for parricide but the case was dismissed upon finding that there was a valid self-defense.
Thereafter, Mar, who did not know about the killing of Juan, married Carresa. Given the facts and
provided that all the other requisites of marriage are present, which of the following statements is true?
a. The marriage of Mar and Carresa is void from the beginning by reason of public policy because
Carresa, who had the intention to marry Mar, killed her husband (Juan).
b. The marriage of Mar and Carresa is voidable because Carresa deliberately concealed to Mar the
killing Juan.
c. The marriage of Mar and Carresa is valid because the killing of Juan was impelled by self-defense.
d. The marriage of Mar and Carresa is valid because of the acquittal of Carresa in the criminal case
against her.
50. Which of the following statements is accurately true?
a. Children conceived or born after the judgment of annulment or absolute nullity of the marriage shall
be considered illegitimate, except when the marriage is void under Article 36 or under Article 53 of the
Family Code in which case the said children are considered legitimate.
b. If the marriage is terminated and the mother contracted another marriage within 300 days after such
termination of the former marriage, a child born before 180 after the solemnization of the subsequent
marriage is considered legitimate, provided it be born within 300 days after the termination of the
former marriage.
c. In case the mother remarries, the legitimacy or illegitimacy of a child born after 300 days following
the termination of the first marriage shall be proved by whoever alleges such legitimacy or illegitimacy.
d. The status of legitimated children shall not be affected by the final decree of annulment of marriage.