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2.
Marriage; Annulment; Effects; Requisites Before
Remarriage (1990)
The marriage of H and W was annulled by the
competent
court. Upon finality of the judgment of nullity. H
began
looking for his prospective second mate. He fell
in love
with a sexy woman S who wanted to be married
as soon as
possible, i.e., after a few months of courtship. As
a young
lawyer, you were consulted by H,
(a) How soon can H be joined in lawful wedlock
to his
girlfriend S? Under existing laws, are there
certain requisites
that must be complied with before he can
remarry? What
advice would you give H?
(b) Suppose that children were born from the
union of H
and W, what would be the status of said children?
Explain
your answer.
(c) If the subsequent marriage of H to S was
contracted before compliance with the statutory
condition
for its validity, what are the rights of the children
of the first
marriage (i.e., of H and W) and of the children of
the
subsequent marriage (of H and S)?
3.
Marriage; Annulment; Grounds (1991)
One of the grounds for annulment of marriage is
that either
party, at the time of their marriage was afflicted
with a
sexually-transmissible disease, found to be
serious and
appears incurable. Two (2) years after their
marriage, which
took place on 10 October 1988, Bethel
discovered that her
husband James has a sexually-transmissible
disease which he
contracted even prior to their marriage although
James did
not know it himself until he was examined two
[2) years
4.
Marriage; Annulment; Judicial Declaration (1993)
Maria and Luis, both Filipinos, were married by
a Catholic
priest in Lourdes Church, Quezon City in 1976,
Luis was
drunk on the day of his wedding. In fact, he
slumped at the
altar soon after the ceremony. After marriage,
Luis never
had a steady job because he was drunk most of
the time.
Finally, he could not get employed at all because
of
drunkenness. Hence, it was Maria who had to
earn a living
to support herself and her child begotten with
Luis. In 1986,
Maria filed a petition in the church matrimonial
court in
Quezon City to annul her marriage with Luis on
the ground
of psychological incapacity to comply with his
marital
obligation. Her petition was granted by the
church
matrimonial court.
1) Can Maria now get married legally to another
man
under Philippine laws after her marriage to Luis
was
annulled by the church matrimonial court?
Explain.
2) What must Maria do to enable her to get
married
lawfully to another man under Philippine laws?
5.
Marriage; Annulment; Legal Separation; Prescription of
Actions (1996)
2) Bert and Baby were married to each other on
December
23, 1988. Six months later, she discovered that
he was a
drug addict. Efforts to have him rehabilitated
were
unsuccessful.
Can Baby ask for annulment of marriage, or legal
separation? Explain.
6.
Marriage; Annulment; Proper Party (1990)
D and G, age 20 and 19, respectively, and both
single,
eloped and got married to each other without
parental
consent in the case of G, a teenaged student of
an exclusive
college for girls. Three years later, her parents
wanted to
seek judicial annulment on that ground. You
were consulted
and asked to prepare the proper complaint. What
advice
would you give G's parents? Explain your answer.
7.
Marriage; Annulment; Proper Party (1995)
Yvette was found to be positive for HIV virus,
considered
sexually transmissible, serious and incurable.
Her boyfriend
Joseph was aware of her condition and yet
married her.
After two (2) years of cohabiting with Yvette, and
in his
belief that she would probably never be able to
bear him a
healthy child, Joseph now wants to have his
marriage with
Yvette annulled. Yvette opposes the suit
contending that
Joseph is estopped from seeking annulment of
their
marriage since he knew even before their
marriage that she
was afflicted with HIV virus.
Can the action of Joseph for annulment of his
marriage with
Yvette prosper? Discuss fully.
8.
Marriage; Divorce Decree; Void Marriages (1992)
In 1989, Maris, a Filipino citizen, married her
boss Johnson,
an American citizen, in Tokyo in a wedding
ceremony
celebrated according to Japanese laws. One year
later,
Johnson returned to his native Nevada, and he
validly
obtained in that state an absolute divorce from
his wife
Maris.
After Maris received the final judgment of
divorce, she
married her childhood sweetheart Pedro, also a
Filipino
citizen, in a religious ceremony in Cebu City,
celebrated
according to the formalities of Philippine law.
Pedro later
left for the United States and became naturalized
as an
American citizen. Maris followed Pedro to the
United
States, and after a serious quarrel, Marts filed a
suit and
9.
Marriage; Divorce Decrees; Filiation of Children (2005)
In 1985, Sonny and Lulu, both Filipino citizens,
were
married in the Philippines. In 1987, they
separated, and
Sonny went to Canada, where he obtained a
divorce in the
same year. He then married another Filipina,
Auring, in
Canada on January 1,1988. They had two sons,
James and
John. In 1990, after failing to hear from Sonny,
Lulu
married Tirso, by whom she had a daughter,
Verna. In 1991,
Sonny visited the Philippines where he
succumbed to heart
attack..
10.
Marriage; Divorce Decree; Void Marriages (1992)
15.
18.
19.
Marriage; Property Relations; Void Marriages (1991)
In June 1985, James married Mary. In September
1988, he
also married Ophelia with whom he begot two
(2) children,
A and B. In July 1989, Mary died. In July 1990,
he married
Shirley and abandoned Ophelia, During their
union. James
and Ophelia acquired a residential lot worth
P300,000.00.
Ophelia sues James for bigamy and prays that his
marriage
with Shirley be declared null and void. James, on
the other
hand, claims that since his marriage to Ophelia
was
contracted during the existence of his marriage
with Mary,
the former is not binding upon him, the same
being void ab
initio he further claims that his marriage to
Shirley is valid
and binding as he was already legally
capacitated at the time
he married her.
a) Is the contention of James correct?
b) What property Relations governed the union
of James
and Ophelia?
c) Is the estate of Mary entitled to a share in the
residential lot acquired by James and Ophelia?
20.
Marriage; Psychological Incapacity (1996)
On April 15, 1983, Jose, an engineer, and Marina,
a nurse,
were married to each other in a civil ceremony in
Boac.
Marinduque. Six months after their marriage,
Jose was
employed in an oil refinery in Saudi Arabia for a
period of
three years. When he returned to the Philippines,
Marina
23.
Marriage; Requisites (1995)
Isidro and Irma, Filipinos, both 18 years of age,
were
passengers of Flight No. 317 of Oriental Airlines.
The plane
they boarded was of Philippine registry. While en
route
from Manila to Greece some passengers hijacked
the plane,
held the chief pilot hostage at the cockpit and
ordered him
to fly instead to Libya. During the hijacking
Isidro suffered
a heart attack and was on the verge of death.
Since Irma was
already eight months pregnant by Isidro, she
pleaded to the
hijackers to allow the assistant pilot to solemnize
her
marriage with Isidro. Soon after the marriage,
Isidro
expired. As the plane landed in Libya Irma gave
birth.
However, the baby died a few minutes after
complete
delivery.
Back in the Philippines Irma immediately filed a
claim for
inheritance. The parents of Isidro opposed her
claim
contending that the marriage between her and
Isidro was
void ab initio on the following grounds: (a) they
had not
given their consent to the marriage of their son;
(b) there
was no marriage license; (c) the solemnizing
officer had no
authority to perform the marriage; and, (d) the
solemnizing
officer did not file an affidavit of marriage with
the proper
civil registrar.
1. Resolve each of the contentions ([a] to [d])
raised by the
parents of Isidro. Discuss fully.
24.
Marriage; Requisites (1999)
What is the status of the following marriages and
why?
(a) A marriage between two 19-year olds without
parental
consent, (2%)
(b) A marriage between two 21-year olds without
parental
advice. (2%)
(c) A marriage between two Filipino first cousins
in
Spain where such marriage is valid. (2%)
(d) A marriage between two Filipinos in
Hongkong
before a notary public. (2%)
(e) A marriage solemnized by a town mayor three
towns
away from his jurisdiction, (2%)
Marriage; Requisites; Marriage License (1996)