CIVIL LAW REVIEW

QUIZ #2
1. What is transmission theory in relation to the renvoi
doctrine?
Transmission theory states that when the first state refers
the case back to the second state, the second state will refer
it to the third state.
2. Support in arrears cannot be waived because the waiver
will be contrary to public policy.
FALSE. You can waive support for the past because you
have survived the past without such support (food, clothing,
etc.). However, you cannot waive the right to be supported
for the future because that would be contrary to public
policy.
3. The performance of a contractual obligation is also
governed by lex loci celebrationis.
FALSE. What is governed by lex loci celebrationis is the
formality of the contract. Performance of an obligation is
governed by the law of the place of performance.
NOTE: Pag ang subject matter ay ang performance ng
obligation ang magogovern ay yung place where it will be
performed. Example, nagkaroon ng agreement, nag sulat
kayo ng contract sa China pero ang nakalagay sa contract,
ibibigay mo ang product sa Philippines, therefore, yung PH
laws ang mag aapply with regard to the performance. Pero
with regard to the formality or execution of contract, CH
laws magaapply.
4. The private complainant in a criminal action for violation
of BP 22 may reserve the civil action.
FALSE. It is prohibited. You cannot reserve the civil aspect
of a criminal charge for a violation of BP 22, but of course
you can file the civil action ahead of the criminal action.
What is prohibited is the reservation of the civil action.
5. There is still a need to make a reservation of the civil action
under Art. 33 of the Civil Code.

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 FALSE. It is an independent civil action. The reservation is
required only in dependent civil actions.
6. The pendency of a criminal action suspends the proceeding
of a dependent civil action until final judgment in the
criminal case.
TRUE.
7. Where acquittal is based not on a mere quantum of proof, a
civil action based on such ex delicto is improper.
TRUE. Such acquittal is based on the fact that the crime
was not committed. Therefore, the crime was not
committed.
8. Juridical capacity or personality is the fitness to be the
subject of legal relations.
TRUE.
9. An unborn child may be an heir and an intestate decedent.
FALSE. An unborn child may be an heir only if the
condition in Articles 40 and 41 of the Civil Code is present.
An unborn child cannot be an intestate decedent.
10. A past action based on fraud committed by a defendant
may not be waived.
FALSE. If it is for a past fraud, it may be waived. Future
fraud cannot be waived because it is contrary to public
policy.
11. Without exception, a person criminally liable shall be
civilly liable.
FALSE. There are crimes without civil liability, such as
espionage, rebellion and treason.
12. A policeman refusing to help a lady carry her luggage
across the street is liable for damages.
FALSE. Such will stretch Article 34 of the Civil Code. He
will be liable only if there is danger to life or property.
13. A school head who whimsically did not allow a student to
graduate with honors is liable for damages.
TRUE. Supreme Court decided in the affirmative in a case
of abuse of right similar to the facts above.
14. A marriage between two male Americans in the US shall
be recognized as valid in the Philippines.
TRUE. Our rule on personal law is Nationality. We should
recognize such marriage. The required compliance with

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 public policy shall apply only to Filipino nationals.
15. Exceptionally, there could be a valid marriage in the PH
between two Filipinos aged 17 years old and below.
TRUE.
16. A marriage by proxy between two Filipinos abroad is
valid in the PH if valid in the country of celebration.
TRUE.
17. An airplane pilot may solemnize a marriage in articulo
mortis with a flight attendant.
FALSE. The solemnizing officer cannot be the contracting
party, vice versa.
18. A marriage solemnized after the expiration of the marriage
license is valid because this is a mere irregularity.
FALSE. If the license expired, then it will lose its validity.
It will be a case of lack of marriage license.
The rule is if the parties apply for the issuance of a
marriage license and they were able to get one, non-
compliance with the requirement is only a mere
irregularity. If you did not apply, it will be a case of lack of
license.
19. H and W got married in 1987. H left the family home on
February 14, 2008 and lived with his paramour P in a
rented condominium. W died in 2011. H and P married in
2011 without a license. The subsequent marriage is valid.
FALSE. Article 34 of the Family Code only applies if
during 5-year cohabitation, there is no legal impediment.
20. A Mangyan and a Lumad who are now temporarily living
in Manila because of their studies may marry without a
license if their respective residences are so located that
there is no means of transportation.
FALSE. They are not currently in the remote places.
21. A common law marriage between foreigners contracted in
State C, where only common law marriage is allowed, is
recognized in the PH
TRUE. Nationality rule applies.
22. A common law marriage between Filipinos in State C
shall be valid because this is included in the exceptions in
Art 26 of the FC.
FALSE. FC 26 provides for exceptions which do not

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 include common law marriages. FC 26 is limited to
marriages that are solemnized.
23. The civil registrar has no option but to issue the license
even if there is a serious objection but must note down the
particulars of the objections in the application for marriage
license.
FALSE. The civil registrar has the option of going to
judges for an order.
24. Judge Palamos, Judge Serrano and Judge Wagan have the
authority to solemnize marriage in a Jollibee outlet.
FALSE. Judge Serrano is a retired Judge. FC 7 (1) requires
that the members of the Judiciary be incumbent members.
25. A Justice of the Court of Tax Appeals may solemnize
valid marriage.
TRUE. The Judiciary includes CTA, SB, CA, etc.
26. If the Mayor had to rush home because of diarrhea, the
Vice-Mayor can solemnize a scheduled civil marriage.
FALSE. Only the Mayor can solemnize the marriage under
the LGC. If the VM is an Acting Mayor, he can solemnize
such marriage. To be an Acting Mayor, there must be a
formal designation.
27. The psychological incapacity of Mr. X declared in a
decision for nullity of his marriage ia an impediment to
another marriage.
FALSE. Even if you are declared to be psychologically
incapacitated in a previous marriage, you can still marry.
Article 5 of the FC mentions impediments only in those
marriages under Articles 37 and 38 of the FC but not
Article 36. Besides, psychological incapacity is only
relative according to some experts.
28. A marriage between scuba divers may be validly
solemnized by a priest under the sea.
TRUE. Provided that they should use scuba diving suit.
Otherwise, they would die.
29. A marriage between Filipino citizens in Japan may be
solemnized by the PH Ambassador to Japan.
FALSE. An Ambassador is not an authorized solemnizing
officer.
30. The failure of the contracting parties to indicate their

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 present residence and citizenship in their application for
license makes their marriage defective.
FALSE. This is only an irregularity.
31. Marriages without parental consent, parental advice or
marriage counselling are all defective.
FALSE. Only the marriage without parental consent is
defective because it is voidable under Article 45 (1) of FC.
32. The marriage of a man with a very small penis is void.
FALSE. Size does not matter legally and scientifically. The
marriage of Chi Ming Tsoi is declared void not because of
the small penis but because of psychological incapacity.
The significance of the discussion relative to his small
organ is that physically it is proven that it can make small
erection and impregnate a woman. The problem is
psychological.
33. Art 40 of the FC must be observed even if the first
marriage was celebrated in 1987.
TRUE. FC 256 provides retroactive application of the
Family Code. Additionally, SC said that FC 40 is
procedural law, so it can be given retroactive application.
(Castillo v. Castillo – It might confuse you.)
34. Abandonment of an ugly wife may manifest psychological
incapacity.
FALSE. It only means that the husband is in full capacity.
He has good reason for abandoning the wife. Ang mahirap
kung maganda ang asawa at inabandona – baka yun ang
may problema! But in marriage, no one is ugly. All you
have is a beautiful wife and a handsome husband. Next!
35. Mixed Personality Disorder from Self-defeating
Personality Disorder to Depend….
TRUE.
36. A dependent personality disorder of the respondent
determined by an expert who did not personally examine
the former cannot be admitted as sufficient proof of
psychological incapacity.
FALSE. Marcos v. Marcos. It is not necessary that expert
personally examined or evaluated the respondent.
37. A petitioner may use his own psychological incapacity as
a ground for an action under Art 36.

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 TRUE. The Doctrine of Clean Hands cannot apply here
because a person who suffers from psychological
incapacity cannot be said to have acted in bad faith.
38. The military pilot of a C-140 PH airforce plane carrying
typhoon victims is authorized to solemnize marriage in
articulo mortis.
TRUE.
39. Parental consent is a mandatory requirement for the
issuance of a marriage license.
FALSE.
40. Vitiated parental consent does not affect the validity of
marriage.
FALSE.
41. No sum shall be collected in the nature of a fee or tax of
any kind for the issuance of a marriage license.
FALSE.
42. A license issued by the civil registrar in violation of an
injunctive writ issued by the court is void.
FALSE.
43. A marriage solemnized in Baguio City between ethnic
residents is valid even without a license because this is
allowed under RA 6766 creating the CAR.
FALSE.
44. A license that was issued on the basis of a falsified
affidavit with regard to the date of birth of the contracting
parties is void.
FALSE.
45. A petitioner cannot invoke his psychological incapacity,
lack of ceremony, lack of a valid marriage license and lack
of authority of the solemnizing officer in a single petition
for the nullity of marriage.
FALSE. In fact, you are required to name all the grounds.
Otherwise, it will be splitting of causes of action.
46. There is one void marriage that can be ratified.
FALSE. No void marriage can be ratified.
47. Only a spouse may file a declaration of a void marriage
because a void marriage cannot be collaterally attacked
TRUE. Circular of the SC limits the filing to the spouses,
heirs may collaterally raise it in an action for the settlement

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 of the estate of the deceased
48. Linda who married Juan may file an action for nullity of
the marriage upon discovery that Juan is the father of Pedro
her text mate with whom she fell in love and agreed to get
married the moment they meet.
FALSE. This is not a case of Article 35 (1). This is
stupidity.
49. In all cases the psychological incapacity must be shown to
be existing at the time of the celebration of marriage.
TRUE. (juridical antecedence is a requirement)
a. If it becomes manifest thereafter……(Case of Molina
enumerated the guidelines) The root cause must be
clinically or medically identified, alleged in the
complaint and proven by the prosecution, and
explained in the decision)
b. Elements of Psychological incapacity:
i. Juridical antecedence
ii. Incurable
iii.
iiii. Participation of the OSG
c. What was the modification in the case of Molina?
i. The requirement to refer the matter to the OSG
before the decision is released. –removed from
the elements
ii. As to the aspect of representation by the OSG of
the State, same thing (retained)
iii. We consider the decision of the National
Matrimonial Tribunal
50. The non-performance of the marital obligations may
support a claim for damages unless the respondent is
suffering from psychological incapacity.
TRUE. If there is psychological incapacity, there can be no
award of damages because the person suffering therefrom
cannot have acted in bad faith.
51. A marriage between X and Y is void if X is the son of Z
who is the brother of Y’s grand uncle.
FALSE. They are five degrees apart.
52. An adopted child may marry the adopted child of his
adopter’s brother.

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 TRUE.
53. A step-child may marry the sister of her stepmother.
FALSE. PH does not allow same sex marriage.
54. A marriage license issued in La Union may be used in
Manila.
TRUE.
55. An alien may be excused from the requirement of a
certificate of legal capacity to contract marriage if he has
been residing in the PH for at least 3yrs prior to the
marriage
FALSE. There is no such exception.
56. A justice of the SB in Quezon may solemnize a marriage
in articulo mortis in Zamboanga.
TRUE. SB has national jurisdiction.
NOTE: Judges can also solemnize marriages in articulo
mortis.
57. A marriage without license is valid if the 22-year old
husband and wife have been living together as such for five
years prior to their marriage.
FALSE.
58. A marriage witnessed only by the groom’s mother and her
pet monkey is valid.
TRUE.
59. A 90-yr old man may validly marry his 95-yr old
girlfriend suffering from Alzheimer’s Disease
TRUE provided that the consent is voluntarily and freely
given.
60. A divorce obtained abroad by an alien may be recognized
in our jurisdiction through a petition for the recognition of
the divorcee’s subsequent marriage.
FALSE. There is no such action. The remedy is to file an
action for recognition of foreign judgment.
61. Narcissistic Personality Disorder with Anti-Social
Disorder may constitute psychological incapacity under Art
46 of the FC.
TRUE.
62. Under the Totality of Evidence Rule, the admission of the
petitioner together with her demeanor in court evidently
manifesting a disordered behavior may be considered as

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 proof of psychological incapacity sans expert opinion.
FALSE.
63. In observance of the synodal cadence towards the same
goal of protecting and cherishing marriage and the family
as the inviolable base of the nation, what is decreed as
canonically invalid must also be decreed civilly void on the
basis of the former’s merit.
FALSE.
64. Irreconcilable differences, sexual infidelity, emotional
immaturity an irresponsibility traced by the totality of
evidence to an unwillingness to assume the essential
obligations of marriage is psychological incapacity
FALSE. Psychological incapacity will not cover
unwillingness or refusal because the person is aware of
essential marital obligations but he refuses to comply with
it. That’s another thing.
65. The failure to assume the duties of a wife and mother, as
well as emotional immaturity, irresponsibility and
infidelity, declared by the NAMT (Matrimonial Tribunal)
as grave lack of discretion of judgment in matrimonial
obligations under paragraph 2 of Canon 1095, is
psychological incapacity under Art 36 of the FC
FALSE. This is covered by Canon 3, not Canon 2.
66. If the wife declared presumptively dead has never been
absent, the subsequent marriage of the husband will be
terminated by the filing of an affidavit of reappearance.
FALSE. The alleged missing spouse has never been absent.
67. Marriage solemnized by a notary public is valid if one of
the parties believed in good faith that the notary public has
authority to do so.
FALSE. Article 3 – Ignorance of the law excuses no one
from compliance therewith.
TRUE. Good faith marriages under Article 35 (2) is valid.
Better view: Article 3 must be applied.

68-75. MOLINA GUIDELINES

68. The burden to prove psychological incapacity rests on the
petitioner.
69. The root cause of psychological incapacity should be

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 clinically or medically identified, adequately alleged in the
complaint, sufficiently proven by experts, and clearly
explained in the decision.
70. The psychological incapacity must exist at the time of the
celebration of marriage.
71. Such incapacity should be medically or clinically
permanent or incurable.
72. Such incapacity should be so serious or grave that the
party is not able to comply with the essential marital
obligations.
73. The essential marital obligations must be those embraced
in Articles 68-71 of the Family Code with respect to the
obligations between husband and wife and Articles 220,
221 and 225 with respect to the obligations of the parents to
their children.
74. The interpretations made by the National Appellate
Matrimonial Tribunal of the Catholic Church of the
Philippines are not controlling or binding but shall be given
great respect by our courts.
75. The trial court shall order the Solicitor General and the
prosecuting attorney or fiscal to enter their appearance as
counsel for the State.

76-95. TWENTY (20) VOID MARRIAGES

76. Sham/Fake marriage/marriage in plays or movies
77. Same-sex marriage
78. Common-law marriage
79. Marriage contracted by any party below 18 years old
80. Marriage solemnized by any person without authority to
do so
81. Marriage solemnized without a valid marriage license
82. Bigamous/Polygamous marriages
83. Marriage contracted through mistake of one party as to the
identity of the other
84. Subsequent marriage contracted without complying with
Articles 52-53 of the Family Code
85. Marriage contracted by any party who at the time of the
celebration of marriage was psychologically incapacitated
86. Marriage between ascendants and descendants of any

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 degree
87. Marriage between brothers and sisters, whether of the full
or half blood
88. Marriage between collateral blood relatives, whether
legitimate or illegitimate, up to the fourth civil degree
89. Marriage between step-parents and step-children
90. Marriage between parents-in-law and children-in-law
91. Marriage between the adopting parent and the adopted
child
92. Marriage between the surviving spouse of the adopting
parent and the adopted child
93. Marriage between the adopting parent and the surviving
spouse of the adopted child
94. Marriage between an adopted child and a legitimate child
of the adopter
95. Marriage between the adopted children of the same parent
Marriage between parties where one, with the intention to
marry the other, killed that other person’s spouse or his or
her own spouse
96. A husband is barred from using concealment of pregnancy
as a ground for annulment if her wife has already been four
months pregnant during the marriage.
FALSE. Kapag 4 months, pwedeng chubby lang siya.
Kapag 9 months, alam na yun.
97. If a woman misrepresents pregnancy to induce her
boyfriend to marry her, the marriage is voidable.
FALSE. This is not fraud under Article 46. Nakaisa lang
siya.
98. Sterility or impotency makes the marriage voidable.
FALSE. Sterility is not a ground under Art. 45.
99. In legal separation and annulment proceedings, no appeal
shall be allowed unless appelland has filed a motion for
reconsideration or new trial.
TRUE.
100. Without exception, the cooling off period in legal
separation cases is mandatory and shall be observed.
FALSE. There is an exception under the VAWC law.
101. What is the doctrine of triennial cohabitation?
It is a presumption which states that if the wife has not

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 been pregnant within three years from the marriage, the
husband is impotent.

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