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Civil Law Q&As (2007-2013)

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children, including Amy, now live with

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Qualifications of Adopter (2010)

andrew in his house.


No.IX. Eighteen-year old Filipina Patrice
(A). Is there any legal obstacle to the legal

had a daughter out of wedlock whom she

adoption of Amy by Andrew? To the legal

named

adoption of Sandy by Andrew and Elena?

American citizen John who brought her to

(2%)

live with him in the United States of

Laurie.

America.

John

At

at

26,

Patrice

once

married

signified

his

SUGGESTED ANSWER:

willingness to adopt Laurie.

Yes, there is a legal obstacle to the legal

Can John file the petition for adoption? If

adoption of Amy by Andrew. Under Sec.

yes, what are the requirements? If no, why?

9(d) of RA 8552, the New Domestic

(5%)

Adoption

Act

consent

of

of

1998,
the

the

written

illegitimate

sons/daughters, ten (10) years of age or


over, of the adopter, if living with said
adopter and the latter's spouse, if any, is
necessary

to

the

adoption.

All

the

children of Andrew are living with him.


Andrew needs to get the written consent
of Jon, Ryan, Vina and Wilma, who are
all ten (10) years old or more. Sandy's
consent

to

Amy's

adoption

is

SUGGESTED ANSWER:
No, John cannot file the petition to
adopt

alone.

Philippine

law

requires

husband and wife to adopt jointly except


on certain situations enumerated in the
law. The case of John does not fall in
any of the exceptions (R.A. 8552).

Family Code

not

necessary because she was not legally

Marriage; Annulment; Grounds (2009)

adopted by Andrew. Jane's consent is


likewise not necessary because she is

No.XII. Emmanuel and Margarita, American

not a child of Andrew. Sandy, an orphan

citizens and employees of the U.S. State

since birth, is eligible for adoption under

Department, got married in the African

Sec. 8(f) of RA 8552, provided that

state of Kenya where sterility is a ground

Andrew obtains the written consent of

for annulment of marriage. Thereafter, the

the other children mentioned above,

spouses were assigned to the U.S. Embassy

including Amy and Elena obtains the

in Manila. On the first year of the spouses

written consent of Jane, if she is over

tour of duty in the Philippines, Margarita

ten years old (Sec. 9(d), RA 8552).

filed an annulment case against Emmanuel


before a Philippine court on the ground of

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her husbands sterility at the time of the

shall be determined by applying Kenyan

celebration of the marriage.

law and not Philippine law.

(B). Assume Emmanuel and Margarita are

However, while Kenyan law governs the

both

in

formal validity of the marriage, the legal

up

capacity of the Filipino parties to the

residence in the Philippines. Can their

marriage is governed not by Kenyan law

marriage be annulled on the ground of

but by Philippine law (Article 15, NCC).

Emmanuels sterility? Explain. (3%)

Sterility of a party as a ground for the

Filipinos.

Kenya,

they

After

come

their

back

wedding

and

take

annulment of the marriage is not a

SUGGESTED ANSWER:
No, the marriage cannot be annulled
under the Philippine law. Sterility is not
a ground for annulment of marriage
under Article 45 of the Family Code.

must

apply

Phillippine

law

in

determining the status of the marriage


legal capacity of the Filipino parties.

No, the marriage cannot be annulled in


the Philippines.
Philippine

capacity. Hence, the Philippine court

on the ground of absence or defect in the

ALTERNATIVE ANSWER:

The

matter of form but a matter of legal

Since

sterility

does

not

constitute

absence or defect in the legal capacity of


the parties under Philippine law, there is

court

shall

have

jurisdiction over the action to annul the


marriage not only because the parties

no

ground

to

avoid

or

annul

the

marriage. Hence, the Philippine court


has to deny the petition.

are residents of the Philippines but


because they are Filipino citizens. The
Philippine court, however, shall apply
the law of the place where the marriage

Marriage; Annulment; Grounds (2007)

was celebrated in determining its formal

No. VII. Write "TRUE" if the statement is

validity (Article 26, FC; Article 17, NCC).

true or "FALSE" if the statement is false. If


the statement is FALSE, state the reason.

Since the marriage was celebrated in

(2% each).

Kenya in accordance with Kenyan law,


the formal validity of such marriage is

(4). The day after John and Marsha got

governed by Kenyan law and any issue as

married,

to the formal validity of that marriage

impotent. Marsha continued to live with

John

told

her

that

he

was

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John for 2 years. Marsha is now estopped

No, I do not agree. There are others who

from filing an annulment case against

may file a petition for declaration of

John.

nullity such as the other spouse in


bigamous marriages.

SUGGESTED ANSWER:
FALSE. Marsha is not estopped from
filing an annulment case against John

Marriage; Annulment; Support Pendente

on the ground of his impotence, because

Lite (2010)

she learned of his impotence after the


celebration of the marriage and not

No.V. G filed on July 8, 2000 a petition for

before.

to

declaration of nullity of her marriage to B.

consummate is a valid ground for the

During the pendency of the case, the couple

annulment of marriage if such incapacity

entered into a compromise agreement to

was existing at the time of the marriage,

dissolve

continues and appears to be incurable.

property. B ceded his right to their house

The marriage may be annulled on this

and lot and all his shares in two business

ground

firms to G and their two children, aged 18

Physical

within

incapacity

five

years

from

its

their

absolute

community

of

and 19.

celebration.

B also opened a bank account in the


amount of P3 million in the name of the two
children to answer for their educational

Marriage; Annulment; Parties (2012)

expenses until they finish their college


No.IX.b) A petition for declaration of nullity

degrees.

of a void marriage can only be filed by


either the husband or the wife? Do you

For her part, G undertook to shoulder the

agree? Explain your answer. (5%)

day-to-day living expenses and upkeep of


the

agree.

Under

The

Court

approved

the

spouses agreement on September 8, 2000.

SUGGESTED ANSWER:
Yes,

children.

the

rules

(A) Suppose the business firms suffered

promulgated by the Supreme Court, a

reverses, rendering G unable to support

direct action for declaration of nullity

herself and the children. Can G still ask for

may only be filed by any of the spouses.

support pendente lite from B? Explain. (3%)

ALTERNATIVE SUGGESTED ANSWER:


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Marriage;

SUGGESTED ANSWER:
If B acquiesces and does not file the

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Divorce

Decrees;

Filipino

Spouse Becoming Alien (2009)

action to impugn the legitimacy of the

No.IV. Harry married Wilma, a very wealthy

child within the prescriptive period for

woman. Barely five (5) years into the

doing so in Article 170 of the Family

marriage, Wilma fell in love with Joseph.

Code, G's daughter by another man shall

Thus, Wilma went to a small country in

be

Europe, became a naturalized citizen of

conclusively

presumed

as

the

legitimate daughter of B by G.

that country, divorced Harry, and married

(B) Suppose in late 2004 the two children


had squandered the P3 million fund for
their education before they could obtain

Joseph.
Joseph

year

thereafter,

returned

Wilma

and

and

established

permanent residence in the Philippines.

their college degrees, can they ask for more

(A). Is the divorce obtained by Wilma from

support from B? Explain. (3%)

Harry

recognized

in

the

Philippines?

Explain your answer. (3%)

SUGGESTED ANSWER:
Yes, the two children can still ask for

SUGGESTED ANSRWER :

support for schooling or training for


some professions,

trade

or

vocation,

even beyond the age of majority until


they shall have finished or completed
their education (Article 194, Paragraph
2, Family Code; Javier v. Lucero, 94
Phil.

634

{1954}].Their

having

squandered the money given to them for


their education will not deprive them of
their right to complete an education, or
to

extinguish

the

obligation

of

the

parents to ensure the future of their


children.

As to Wilma, the divorced obtained by


her

is

recognized

Philippines

as

because

valid

she

is

in

the

now

foreigner. Philippine personal laws do


not

apply

to

foreigner.

However,

recognition of the divorce as regards


Harry will depend on the applicability to
his case of the second paragraph of
Article 26 of the Family Code. If it is
applicable, divorce is recognized as to
him and, therefore, he can remarry.
However, if it is not applicable, divorce
is

not

recognized

as

to

him

and,

consequently, he cannot remarry.


ALTERNATIVE ANSWER:

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Yes , the divorce obtained by Wilma is

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SUGGESTED ANSWER :

recognized as valid in the Philippines. At


the time she got the divorce, she was

Yes, he can validly marry Elizabeth,

already a foreign national having been

applying the doctrine laid down by the

naturalized as a citizen of that small

Supreme Court in Republic v. Obrecido

country in Europe. Based on precedents

(427 SCRA 114 [2005]). Under the second

established by the Supreme Court (

paragraph of Article 26 of the Family

Bayot v. CA, 570 SCRA 472 [2008]),

Code, for the Filipino spouse to have

divorce

is

capacity to remarry, the law expressly

recognized in the Philippines if validly

requires the spouse who obtained the

obtained in accordance with his or her

divorce to be a foreigner at the time of

national law .

the marriage. Applying this requirement

obtained

by

foreigner

to the case of Harry it would seem that


(B). If Harry hires you as his lawyer, what

he is not given the capacity to remarry.

legal recourse would you advise him to

This is because Wilma was a Filipino at

take? Why? (2%)

the time of her marriage to Harry.

SUGGESTED ANSWER:

In Republic v. Obrecido, however, the


Supreme Court ruled that a Filipino

I will advice Harry to:

spouse is given the capacity to remarry

(1) Dissolve and liquidate his property


relations with Wilma ; and

the recognition and enforcement of the


judgment

of

divorced

the divorce was a Filipino at the time of


the marriage, if the latter was already a

(2) If he will remarry, file a petition for


foreign

even though the spouse who obtained

(Rule

39,Rules of Court ).
(C). Harry tells you that he has fallen in
love with another woman, Elizabeth, and
wants to marry her because, after all,

foreigner when the divorce was already


obtained abroad. According to the court,
to rule otherwise will violate the equal
protection clause of the Constitution.

Marriage;

Divorce

Decrees;

Foreign

Spouse Divorces Filipino Spouse (2012)

Wilma is already married to Joseph. Can

(b) Cipriano and Lady Miros married each

Harry legally marry Elizabeth? Explain.

other. Lady Miros then left for the US and

(2%)

there, she obtained American citizenship.

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Cipriano

later

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learned

all

about

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this

proving only that the foreign spouse has

including the fact that Lady Miros has

obtained a divorce against her or him

divorced him in America and that she had

abroad. (1%)

remarried there. He then filed a petition for


authority to remarry, invoking Par. 2, Art.
26

of

the

Family

Code.

Is

Cipriano

capacitated to re-marry by virtue of the


divorce decree obtained by his Filipino
spouse who was later naturalized as an
American citizen? Explain. (5%)

SUGGESTED ANSWER :
FALSE, In Garcia v. Recio , 366 SCRA
437 (2001) , the SC held
Filipino

spouse

to

that for a

have

capacity

to

contract a subsequent marriage, it must


also be proven that the foreign divorced
obtained abroad by the foreigner spouse

SUGGESTED ANSWER:

give such foreigner spouse capacity to

Yes, he is capacitated to remarry. While


the second paragraph of Art 26 of the
Family Code is applicable only to a

remarry.
ALTERNATIVE ANSWER:

Filipino who married a foreigner at the

TRUE, Art 26 (2) (FC), clearly provides

time of marriage, the Supreme Court

that the decree of divorce obtained

ruled in the case of Republic v. Orbecido,

abroad

G.R. No. 154380, 5 Oct, 2005, that the

sufficient

said

spouse to remarry.

provision

equally

applies

to

by

the
to

foreigner

capacitate

spouse

the

is

Filipino

Filipino who married another Filipino at


the time of the marriage, but who was
already a foreigner when the divorce was
Marriage; Legal Separation; Prescription

obtained.

(2012)
No.IV.a)
Marriage;

Divorce

Decrees;

Foreign

Spouse Divorces Filipino Spouse (2010)


No.I. True or False.
(A). Under Article 26 of the Family Code,
when a foreign spouse divorces his/her
Filipino spouse, the latter may re-marry by

After

they

got

married,

Nikki

discovered that Christian was having an


affair with another woman.

But

Nikki

decided to give it a try and lived with him


for two (2) years. After two (2) years, Nikki
filed an action for legal separation on the
ground of Christians sexual infidelity. Will
the action prosper? Explain. (5%)

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the sexual infidelity committed in 2003,

SUGGESTED ANSWER:
Although the action for legal separation
has not yet prescribed, the prescriptive
period being 5 years, if Obecidos affair
with another woman was ended when

the prescriptive period runs from 2003


and

so

on.

The

action

for

legal

separation for the last act of sexual


infidelity in 2005 will prescribe in 2010.

Nikki decided to live with him again,


Nikkis

action

account

of

will

not

condonation.

prosper

on

However,

if

such affair is still continuing, Nikkis

Marriage;

Psychological

Incapacity

(2013)

action would prosper because the action


will surely be within five (5) years from

No.I. You are a Family Court judge and

the commission of the latest act of

before you is a Petition for the Declaration

sexual infidelity. Every act of sexual

of Nullity of Marriage (under Article 36 of

liaison is a ground for legal separation.

the Family Code)filed by Maria against Neil.


Maria claims that Neil is psychologically
incapacitated to comply with the essential

Marriage; Legal Separation; Prescription


(2007)

obligations of marriage because Neil is a


drunkard, a womanizer, a gambler, and a
mama's boy- traits that she never knew or

No.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).

saw when Neil was courting her. Although


summoned, Neil did not answer Maria's
petition and never appeared in court.
To support her petition, Maria presented

(2). If a man commits several acts of sexual


infidelity, particularly in 2002, 2003, 2004,
2005, the prescriptive period to file for legal

three witnesses- herself, Dr. Elsie Chan,


and Ambrosia. Dr. Chan testified on the
psychological

report

on

Neil

that

she

prepared. Since Neil never acknowledged

separation runs from 2002.

n9r

responded

to

her

invitation

for

interviews, her report is solely based on her

SUGGESTED ANSWER:

interviews with Maria and the spouses'


FALSE. The five-year prescriptive period

minor children. Dr. Chan concluded that

for filing legal separation runs from the

Neil

occurrence

infidelity

Personality Disorder, an ailment that she

committed in 2002 runs from 2002, for

found to be already present since Neil's

of

sexual

is

suffering

from

Narcissistic

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early adulthood and one that is grave and

mere conclusions. Being a drunkard, a

incurable. Maria testified on the specific

womanizer, a gambler and a mamas boy,

instances when she found Neil drunk, with

merely shows Neils failure to perform

another

the

his marital obligations. In a number of

family's resources in a casino. Ambrosia,

cases, the Supreme Court did not find

the

the existence of psychological incapacity

woman,

spouses'

or

current

squandering
household

help,

corroborated Maria's testimony.

in cases where the respondent showed


habitual

drunkenness

(Republic

v.

On the basis of the evidence presented, will

Melgar, G.R. No. 139676, 2006), blatant

you grant the petition? (8%)

display of infidelity and irresponsibility


(Dedel v. CA, 2004) or being hooked to

SUGGESTED ANSWER:

gambling and drugs (Republic v. TanyagSan Jose, G.R. No. 168328, 2007).

No. The petition should be denied.


The psychological incapacity under Art.
36

of

the

Family

Code

must

be

characterized by (a) gravity, (b) juridical

ALTERNATIVE ANSWER:
Yes. The petition should be granted.

antecedence, and (c) incurability. It is

The personal medical or psychological

not enough to prove that the parties

examination

failed to meet their responsibilities and

requirement

duties as married persons; it is essential

psychological

that they must be shown to be incapable

totality of the evidence presented which

of doing so, due to some physiological

shall

(not physical) illness (Republic v. CA and

psychological

Molina, G.R. No. 108763, Feb 13, 1997).

Marcos, G.R. No. 136490, Oct 19, 2000).

In this case, the pieces of evidence


presented are not sufficient to conclude
that

indeed

Neil

psychological
Personality
before

the

is

suffering

incapacity

Disorder]
marriage,

from

[Narcissistic

existing

already

incurable

Dr.

of

respondent
for

Chans

Marias

therefore,

the

incapacity
report

and

not

declaration

incapacity.

determine

is
It

of

is

the

existence

of

(Marcos

v.

corroborated

Ambrosias

sufficiently

by

testimonies,
prove

Neils

psychological incapacity to assume his


marital obligations.

and

serious enough to prevent Neil from


performing

his

essential

marital

obligations. Dr. Chans report contains

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Psychological

Incapacity

(2012)

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the said report is the only evidence of


respondents psychological incapacity.

No.II.b) The petitioner filed a petition for


declaration of nullity of marriage based

Marriage; Requisites (2008)

allegedly on the psychological incapacity of


the respondent, but the psychologist was

No. III. Roderick and Faye were high school

not

the

sweethearts. When Roderick was 18 and

respondent and the psychological report

Faye, 16 years old, they started to live

was

of

together as husband and wife without the

be

benefit of marriage. When Faye reached 18

able

to

based

petitioner.

personally

only

on

Should

examine

the

the

narration

annulment

years of age, her parents forcibly took her

granted? Explain. (5%)

back and arranged for her marriage to


Brad. Although Faye lived with Brad after

SUGGESTED ANSWER:
The annulment cannot be guaranteed
solely on the basis of the psychological
report. For the report to prove the
psychological
respondent,

it

incapacity

of

the

is

that

the

required

psychologist should personally examine


the respondent and the psychological
report

should

be

based

on

the

psychologists independent assessment


of the facts as to whether or not the
respondent

is

psychologically

incapacitated.
Since,

the

the

marriage,

Roderick

continued

to

regularly visit Faye while Brad was away at


work. During their marriage, Faye gave
birth to a baby girl, Laica. When Faye was
25 years old, Brad discovered her continued
liason with Roderick and in one of their
heated arguments, Faye shot Brad to death.
She lost no time in marrying her true love
Roderick,

without

marriage

license,

claiming that they have been continuously


cohabiting for more than 5 years.
(A). Was the marriage of Roderick and Faye

psychologist

did

not

personally examine the respondent, and

valid? (2%)
SUGGESTED ANSWER:

his report is based solely on the story of


the petitioner who has an interest in the

No. The marriage of Roderick and Faye is

outcome of the petition, the marriage

not valid. Art. 4, FC provides that the

cannot be annulled on the ground of

absence of any of the essential or formal

respondents psychological incapacity if

requisites renders the marriage void ab


initio.

However,

no

license

shall

be

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necessary for the marriage of a man and

reqiured to submit the required certificate

a woman who have lived together as

of capacity to marry from the German

husband and wife for at least 5 years and

Embassy in Manila, Adolf stated in the

without any legal impediment to marry

application for marriage license that he was

each other. In Republic v. Dayot, G.R.

a Filipino citizen. With the marriage license

No. 175581, 28 March 2008, reiterating

stating that Adolf was a Filipino, the couple

the doctrine in Nial v. Bayadog, G.R.

got married in a ceremony officiated by the

No. 133778, 14 March 2000, this five-

Parish Priest of Calamba, Laguna in a

year

beach in Nasugbu, Batangas, as the local

period

exclusivity

is

and

characterized
continuity.

by

In

the

parish

priest

refused

to

solemnize

present case, the marriage of Roderick

marriages except in his church. Is the

and Faye cannot be considered as a

marriage valid? Explain fully. (5%)

marriage

of

exceptional

character,

because there were 2 legal impediments


during their cohabitation: minority on
the part of Faye, during the first two
years of cohabitation; and, lack of legal
capacity, since Faye married Brad at the
age of 18. The absence of a marriage
license made the marriage of Faye and
Roderick void ab initio.

SUGGESTED ANSWER:
No. The marriage is not valid. Art. 41 FC
allows the present spouse to contract a
subsequent

marriage

during

the

subsistence of his previous marriage


provided that: (a) his prior spouse in the
first marriage had been absent for four
consecutive years; (b) that the spouse
present has a well-founded belief that
the absent spouse was already dead, and

Marriage; Subsequent Marriage (2008)

(C) present spouse instituted a summary


No. I. Ana Rivera had a husband, a Filipino

proceeding for the declaration of the

citizen

the

presumptive death of absent spouse.

passengers on board a commercial jet plane

Otherwise, the second marriage shall be

which crashed in the Atlantic Ocean ten

null and void. In the instant case, the

(10) years earlier and had never been heard

husband

of ever since. Believing that her husband

passengers on board a commercial jet

had died, Ana married Adolf Cruz Staedtler,

plane which crashed in the Atlantic

a divorced German national born of a

Ocean.

German

father

mother

husband was not recovered to confirm

residing

in

being

his death. Thus, following Art. 41, Ana

like

her,

who

and

Stuttgart.

was

among

Filipino
To

avoid

of

The

Ana

body

was

of

among

the

the

deceased

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Civil Law Q&As (2007-2013)

should

have

first

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secured

judicial

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while Jane is a child of Elena from a

declaration of his presumptive death

previous

before she married Adolf. The absence of

marriage is not one of the prohibited

the

marriages enumerated under Art. 38 of

said

judicial

declaration

incapacitated Ana from contracting her

relationship.

Thus,

their

the FC.

second marriage, making it void ab


initio.
Marriage; Void Marriages; By Reason of
Marriage; Void Marriages; By Reason of

Public Policy (2007)

Public Policy (2008)

No. VII. Write "TRUE" if the statement is


true or "FALSE" if the statement is false. If

No.V. Despite several relationships with

the statement is FALSE, state the reason.

different

(2% each).

unmarried.

women,
His

Andrew

first

remained

relationship

with

Brenda produced a daughter, Amy, now 30

(5). Amor gave birth to Thelma when she

years old. His second, with Carla, produced

was 15 years old. Thereafter, Amor met

two sons: Jon and Ryan. His third, with

David and they got married when she was

Donna, bore him no children although

20 years old. David had a son, Julian, with

Elena has a daughter Jane, from a previous

his ex-girlfriend Sandra. Julian and Thelma

relationship. His last, with Fe, produced no

can get married.

biological

children

but

they

informally

adopted without court proceedings, Sandy's


now 13 years old, whom they consider as
their own. Sandy was orphaned as a baby
and was entrusted to them by the midwife
who attended to Sandy's birth. All the
children, including Amy, now live with
andrew in his house.
(D). Can Jon and Jane legally marry? (1%)

SUGGESTED ANSWER:
TRUE.

Julian

and

Thelma

can

get

married. Marriage between stepbrothers


and

stepsisters

are

not

among

the

marriages prohibited under the Family


Code.

Marriage;

Void

Marriages;

Property

SUGGESTED ANSWER:

Relations (2009)

Yes. Jon and Jane can marry each other;

No. III. In December 2000, Michael and

Jon is an illegitimate child of Andrew

Anna, after obtaining a valid marriage

Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige

Page 30 of 180

Civil Law Q&As (2007-2013)

hectorchristopher@yahoo.com

dbaratbateladot@gmail.com

license, went to the Office of the Mayor of

impediment for them to validity marry

Urbano,

each other.

Bulacan, to get married. The

Mayor was not there, but the Mayors


secretary asked Michael and Anna and
their witnesses to fill up and sign the

Marriage;

required

Children (2009)

marriage

contract

forms.

The

Void

Marriages;

Status

of

secretary then told them to wait, and went


out to look for the Mayor who was attending

No. III. In December 2000, Michael and

a wedding in a neighboring municipality.

Anna, after obtaining a valid marriage


license, went to the Office of the Mayor of

When the secretary caught up with the

Urbano,

Mayor

she

Mayor was not there, but the Mayors

showed him the marriage contract forms

secretary asked Michael and Anna and

and told him that the couple and their

their witnesses to fill up and sign the

witnesses were waiting in his office. The

required

Mayor forthwith signed all the copies of the

secretary then told them to wait, and went

marriage

out to look for the Mayor who was attending

at

the

wedding

contract,

gave

reception,

them

to

the

secretary who returned to the Mayors

Bulacan, to get married. The

marriage

contract

forms.

The

a wedding in a neighboring municipality.

office. She then gave copies of the marriage


contract to the parties, and told Michael

When the secretary caught up with the

and Anna that they were already married.

Mayor

Thereafter, the couple lived together as

showed him the marriage contract forms

husband and wife, and had three sons.

and told him that the couple and their

at

the

wedding

reception,

she

witnesses were waiting in his office. The


(C). What property regime governs the

Mayor forthwith signed all the copies of the

properties acquired by the couple? Explain.

marriage

(2%)

secretary who returned to the Mayors

contract,

gave

them

to

the

office. She then gave copies of the marriage


SUGGESTED ANSWER:

contract to the parties, and told Michael


and Anna that they were already married.

The marriage being void, the property

Thereafter, the couple lived together as

relationship that governed their union is

husband and wife, and had three sons.

special co-ownership under Article 147


of the Family Code. This is on the

(A). Is the marriage of Michael and Anna

assumption

valid,

that

there

was

no

voidable,

or

void?

Explain

your

answer. (3%)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige

Page 31 of 180

Civil Law Q&As (2007-2013)

hectorchristopher@yahoo.com

SUGGESTED ANSWER :

dbaratbateladot@gmail.com

(C). When Rona reaches seven (7) years old,


she tells Rodolfo that she prefers to live

The marriage is void because the formal

with

requisite

financially than Nanette. If Rodolfo files an

of

marriage

ceremony

was

absent ( Art.3, F.C. 209, Family Code).

him,

because

he

is

better

off

action for the custody of Rona, alleging that


he is Ronas choice as custodial parent, will

ALTERNATIVE ANSWER:
The

marriage

is

void

the court grant Rodolfos petition? Why or


because

an

why not? (2%)

essential requisite was absent: consent


of

the

parties

freely

given

in

the

SUGGESTED ANSWER:

presence of the solemnizing officer (Art

No, because Rodolfo has no parental

.2, FC).

authority over Rona. He who has the


parental

authority

has

the

right

to

(B). What is the status of the three children

custody. Under the Family Code, the

of Michael and Anna? Explain your answer.

mother alone has parental authority over

(2%)

the illegitimate child. This is true even if


illegitimate father recognized the child

SUGGESTED ANSWER:

and even though he is giving support for

The children are illegitimate, having

the child. To acquire custody over Rona,

been born outside a valid marriage.

Rodolfo should first deprive Nanette of


parental authority if there is ground
under the law, and in a proper court

Parental Authority; Illegitimate Minor

proceedings. In the same action, the

Child (2009)

court may award custody of Rona to

No.XIV. Rodolfo, married to Sharon, had an

Rodolfo if it is for her best interest.

illicit affair with his secretary, Nanette, a


19-year old girl, and begot a baby girl,
Rona. Nanette sued Rodolfo for damages:
actual, for hospital and other medical
expenses

in

delivering

No.VI. Gigolo entered into an agreement

caesarean section; moral, claiming that

with Majorette for her to carry in her womb

Rodolfo

her,

his baby via in vitro fertilization. Gigolo

representing that he was single when, in

undertook to underwrite Majorettes pre-

fact, he was not; and exemplary, to teach a

natal expenses as well as those attendant

to

child

(2010)

by

promised

the

Parental Authority; In Vitro Fertilization

marry

lesson to like-minded Lotharios.


Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige

Page 32 of 180

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