Persons & Family Relations

The Family Code – Marriage1

[Follow the Outline]

Part One
Modified True or False. Consider the statement true only when it is absolutely true.
Part Two
Choose the best answer.

Part Three
Give direct and concise but complete answers.
Cite authorities, if any.

1. If the marriage was solemnized in 1988 without a marriage settlement having been
executed, what will be the property regime of the spouses?

2. What is the purpose of marriage?

3. Distinguish marriage from an ordinary contract?

4. Marvin, a Filipino, and Shelley, an American, both residents of California, decided to get
married in their local parish. Two years after their marriage, Shelley obtained a divorce in
California. While in Boracay, Marvin met Manel, a Filipina, who was vacationing there.
Marvin fell in love with her. After a brief courtship and complying with all the
requirements, they got married in Hongkong to avoid publicity, it being Marvin’s second
marriage. Is this marriage to Manel valid? Explain.

5. 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, Maris filed a suit and obtained a divorce decree issued by the court in
the state of Maryland.
 Maris then returned to the Philippines and in a civil ceremony celebrated in Cebu City
according to the formalities of Philippine law, she married her former classmate Vincent
likewise a Filipino citizen.

a) Was the marriage of Maris and Johnson valid when celebrated? Is their marriage
still validly existing now? Reasons.
b) Was the marriage of Maris and Pedro valid when celebrated? Is their marriage
still validly existing now? Reasons.
c) Was the Marriage of Maris and Vincent valid when celebrated? Is their marriage
still validly existing now? Reasons.
d) At this point in time, who is the lawful husband of Maris? Reasons.

6. What is the status of the following marriages and why?

(a) A marriage between two Filipino first cousins in Spain where such marriage is
valid.
(b) A marriage between two Filipinos in Hong Kong before a notary public.

7. Harry married Wilma, a very wealthy woman. Barely five (5) years into the marriage,
Wilma fell in love with Joseph. Thus, Wilma went to a small country in Europe, became
a naturalized citizen of that country, divorced Harry, and married Joseph. A year
thereafter, Wilma and Joseph returned and established permanent residence in the
Philippines.

a. Is the divorce obtained by Wilma from Harry recognized in the Philippines? Explain your
answer.

b. If Harry hires you as his lawyer, what legal recourse would you advise him to take?
Why?

c. Harry tells you that he has fallen in love with another woman, Elizabeth, and wants to
marry her because, after all, Wilma is already married to Joseph. Can Harry legally marry
Elizabeth? Explain.

8. Arthur and Helen, both Filipinos, got married and had 2 children. Arthur later
worked in Rome where he acquired Italian citizenship. He got a divorce from
Helen in Rome but, on returning to the Philippines, he realized his mistake,
asked forgiveness of his wife, and resumed living with her. They had 2 more children.
What is the status of their 4 children?

9. Gigi and Ric, Catholics, got married when they were 18 years old. Their marriage was
solemnized on August 2, 1989 by Ric’s uncle, a Baptist Minister, in Calamba, Laguna.
He overlooked the fact that his license to solemnize marriage expires the month before
and that the parties do not belong to his congregation. After 5 years of married life and
 blessed with 2 children, the spouses developed irreconcilable differences, so they parted
ways.
While separated, Ric fell in love with Juliet, a 16 year-old sophomore in a local college
and a Seventh-Day Adventist. They decided to get married with the consent of Juliet’s
parents. She presented to him a birth certificate showing she is 18 years old. Ric never
doubted her age much less the authenticity of her birth certificate. They got married in a
Catholic church in Manila. A year after, Juliet gave birth to twins, Aissa and Aretha.
(1) What is the status of the marriage between Gigi and Ric – valid, voidable or void?
Explain.
(2) What is the status of the marriage between Ric and Juliet – valid, voidable or void?
Explain.
(3) Suppose Ric himself procured the falsified birth certificate to persuade Juliet to marry
him despite her minority and assured her that everything is in order. He did not divulge to
her his prior marriage with Gigi. What action, if any, can Juliet take against him?
Explain.
(4) If you were the counsel for Gigi, what action/s will you take to enforce and protect
her interests? Explain.

10. Suppose the couple got married on September 1, 1994 at the Manila Hotel before the
Philippine Consul General to Hong Kong, who was on vacation in Manila. The couple
executed an affidavit consenting to the celebration of the marriage at the Manila Hotel.
Is the marriage valid?

11. A and B, both 18 years old, were sweethearts studying in Manila. On August 3, 1988,
while in first year college, they eloped. They stayed in the house of a mutual friend in
town X, where they were able to obtain a marriage license. On August 30, 1988, their
marriage was solemnized by the town mayor of X in his office. Thereafter, they returned
to Manila and continued to live separately in their respective boarding houses, concealing
from their parents, who were living in the province, what they had done. In 1992, after
graduation from college, A and B decided to break their relation and parted ways. Both
went home to their respective towns to live and work.

Was the marriage of A and B solemnized on August 30, 1988 by the town mayor of X in
his office a valid marriage? Explain your answer.

12. On May 1, 1975, Facundo married Petra, by whom he had a son Sotero. Petra died on
July 1, 1996, while Facundo died on January 1, 2002. Before his demise, Facundo had
married, on July 1, 2000, Querica. Having lived together as husband and wife since July
1, 1990, Facundo and Querica did not secure a marriage license but executed the
requisite affidavit for the purpose.
To ensure that his inheritance rights are not adversely affected by his father’s second
marriage, Sotero now brings a suit to seek a declaration of the nullity of the marriage of
Facundo and Querica, grounded on the absence of a valid marriage license. Querica
contends that there was no need for a marriage license in view of her having lived
continuously with Facundo for five years before their marriage and that Sotero has no
legal personality to seek a declaration of nullity of the marriage since Facundo is now
deceased.
 Is the marriage of Facundo and Querica valid, despite the absence of a marriage license?
Explain.
Does Sotero have the personality to seek a declaration of nullity of the marriage,
especially now that Facundo is already deceased? Explain.

13. On Valentine’s 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.
Is the marriage valid, void or voidable? Explain.

14. What is the effect of the absence of a marriage certificate?

15. Distinguish jurisdiction from venue?

16. What is effect if the marriage was solemnized outside the jurisdiction of the court?

17. What is effect if the marriage was solemnized by a judge in a beach front?

18. QR and TS who had a marriage license requested a newly appointed Judge in Manila to
marry them on the beach of Boracay. Since the Judge maintained
Boracay as his residence, he agreed. The sponsors were all public officials.
What is the status of the marriage?

19. Roderick and Faye were high school sweethearts. When Roderick was 18 and Faye, 16
years old, they started to live together as husband and wife without the benefit of
marriage. When Faye reached 18 years of age, her parents forcibly took her back and
arranged for her marriage to Brad. Although Faye lived with Brad after the marriage,
Roderick continued to regularly visit Faye while Brad was away at work. During their
marriage, Faye gave to a baby girl, Laica. When Faye was 25 years old, Brad discovered
her continue liaison 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 a marriage license,
claiming that they have been continuously cohabiting for more than 5 years.

Was the marriage of Roderick and Faye valid?

20. 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.

Discuss the effect of divorce obtained by Sonny and Lulu in Canada.

Explain the status of the marriage between Sonny and Auring.

21. A and B, both 18 years old, were sweethearts studying in Manila. On August 3, 1988,
while in first year college, they eloped. They stayed in the house of a mutual friend in
town X, where they were able to obtain a marriage license. On August 30, 1988, their
marriage was solemnized by the town mayor of X in his office. Thereafter, they returned
to Manila and continued to live separately in their respective boarding houses, concealing
from their parents, who were living in the province, what they had done. In 1992, after
graduation from college, A and B decided to break their relation and parted ways. Both
went home to their respective towns to live and work.

a) Was the marriage of A and B solemnized on August 30, 1988 by the town mayor
of X in his office a valid marriage? Explain your answer.
b) Can either or both of them contract marriage with another person without
committing bigamy? Explain your answer.

22. Ana Rivera had a husband, a Filipino citizen like her, who was among the passengers on
board a commercial jet plane which crashed in the Atlantic Ocean ten(10) years earlier
and had never been heard of ever since. Believing that her husband had died, Ana
married Adolf Cruz Staedtler, a divorcee with a German father and a Filipino mother
residing in Stuttgart. To avoid being required to submit the required certificate of
capacity to marry from the German Embassy in Manila, Adolf stated in the application
for marriage license that he was a Filipino citizen. With the marriage license stating that
Adolf was a Filipino, the couple got married in a ceremony officiated by the Parish Priest
of Calamba, Laguna in a beach in Nasugbu, Batangas, as the local parish priest refused to
solemnize marriages except in his church. Is the marriage valid? Explain fully. (5%)

23. X and Y, Filipinos, got married in Los Angeles, USA, using a marriage license issued by
the Philippine consul in Los Angeles, acting as Civil Registrar. X and Y did not know
that they were first cousins because their mothers, who were
sisters, were separated when they were quite young. Since X did not want to continue
with the relation when he heard of it, he left Y, came to the Philippines and married Z.
Can X be held liable for bigamy?

24. Gemma filed a petition for the declaration of nullity of her marriage with Arnell on the
ground of psychological incapacity. She alleged that after 2 months of their marriage,
Arnell showed signs of disinterest in her, neglected her and went abroad. He returned to
the Philippines after 3 years but did not even get in touch with her. Worse, they met
several times in social functions but he snubbed her. When she got sick, he did not visit
her even if he knew of her confinement in the hospital. Meanwhile, Arnell met an
 accident which disabled him from reporting for work and earning a living to support
himself.
Will Gemma’s suit prosper? Explain.5%

25. You are a Family Court judge and before you is a Petition for the Declaration of Nullity
of Marriage (under Article 36 of the Family Code) filed by Maria against Neil. Maria
claims that Neil is psychologically incapacitated to comply with the essential obligations
of marriage because Neil is a drunkard, a womanizer, a gambler, and a mama’s boy —
traits that she never knew or 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 three witnesses — herself, Dr. Elsie Chan, and
Ambrosia. Dr. Chan testified on the psychological report on Neil that she prepared. Since
Neil never acknowledged nor responded to her invitation for interviews, her report is
solely based on her interviews with Maria and the spouses’ minor children. Dr. Chan
concluded that Neil is suffering from Narcissistic Personality Disorder, an ailment that
she found to be already present since Neil’s early adulthood and one that is grave and
incurable. Maria testified on the specific instances when she found Neil drunk, with
another woman, or squandering the family’s resources in a casino. Ambrosia, the
spouses’ current household help, corroborated Maria’s testimony.

On the basis of the evidence presented, will you grant the petition?

26. Write “TRUE” if the statement is true or “FALSE” if the statement is false. If the
statement is FALSE, state the reason.

Amor gave birth to Thelma when she was 15 years old. Thereafter, Amor met David and
they got married when she was already 20 years old. David had a son Julian, with his ex-
girlfriend Sandra. Julian and Thelma can get married.

27. Despite several relationships with different women, Andrew remained unmarried. His
first relationship with Brenda produced a daughter, Amy, now 30 years old. His second,
with Carla, produced two sons: Jon and Ryan. His third, with Donna, bore him two
daughters: Vina and Wilma. His fourth, with Elena, bore him no children although Elena
has a daughter Jane, from a previous relationship. His last, with Fe, produced no
biological children but they informally adopted without court proceedings, Sandy, 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.

Can Jon and Jane legally marry?

28. Cesar and Baby contracted marriage on June 15, 1983. A year later, Baby bore a child,
“X”. The following year, the couple acquired a car and a residential lot in Metro Manila.
On September 1, 1988, the marriage was declared void from the beginning by a
competent court because Cesar was below 16 years of age at the time of the marriage.
Sometime in December, 1988, Cesar met Rosa with whom he fell in love. Cesar married
Rosa on January 15, 1989. On September 1, 1989, Rosa gave birth prematurely to a
child, “Y”. Is the marriage of Cesar and Rosa valid? What is the status of the child “Y”?
Give your reasons.

29. If the first marriage is void, can the spouse who contracted a subsequent marriage be held
criminally liable for bigamy?

29. If the first marriage is void, can the spouse who contracted a subsequent marriage be held
criminally liable for bigamy if there was failure to comply with Art. 40 of the FC?

30. If the second marriage is void, can the spouse who contracted a subsequent marriage be
held criminally liable for bigamy?

31. What is the status of the following marriages and why?

(a) A marriage between two 19-year olds without parental consent.
(b) A marriage between two 21-year olds without parental advice.

32. Manuel came to Manila and married Marianne. Unknown to Marianne,

Manuel had been previously convicted in Palawan of theft and served time for it.
After Marianne learned of his previous conviction, she stopped living with him.
Can Marianne seek the annulment of the marriage based on Manuel’s non-disclosure of
his previous crime?

33. Fidel, a Filipino with fair complexion, married Gloria. Before the marriage,
Gloria confessed to Fidel that she was two-month pregnant with the child of a
black African who had left the country for good. When the child was born, Fidel
could not accept it being too black in complexion. What is the status of the child?

34. 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.
35. Write “TRUE” if the statement is true or “FALSE” if the statement is false. If the
statement is FALSE, state the reason.

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.

36. Emmanuel and Margarita, American citizens and employees of the U.S. State Department,
got married in the African state of Kenya where sterility is a ground for annulment of
marriage. Thereafter, the spouses were assigned to the U.S. Embassy in Manila. On the first
year of the spouses’ tour of duty in the Philippines, Margarita filed an annulment case against
Emmanuel before a Philippine court on the ground of her husband’s sterility at the time of
the celebration of the marriage.

a. Will the suit prosper? Explain your answer.

b. Assume Emmanuel and Margarita are both Filipinos. After their wedding in Kenya, they
come back and take up residence in the Philippines. Can their marriage be annulled on
the ground of Emmanuel’s sterility? Explain.

37. B and G, age 20 and 19, respectively, 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.

38. 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.

39. Josie, 18, married Dante, 25, without her parents’ knowledge and consent, and lived with
him. After a year, Josie returned to her parents’ home, complained of the unbearable
battering she was getting from Dante, and expressed a desire to have her marriage with
him annulled. Who may bring the action?
40. Conrad and Linda, both 20 years old, applied for a marriage license, making it appear
that they were over 25. They married without their parents’ knowledge before an
unsuspecting judge. After the couple has been in cohabitation for 6 years, Linda’s parents
filed an action to annul the marriage on ground of lack of parental consent. Will the case
prosper?

41. If one or both contracting parties were between 18 and 21 and the marriage was
solemnized without the consent of the parents, may the action for annulment prosper if
the parents gave consent after the marriage?

42. Baldo, a rejected suitor, intimidated Judy into marrying him. While she wanted to
question the validity of their marriage two years after the intimidation ceased, Judy
decided in the meantime to freely cohabit with Baldo. After more than 5 years following
their wedding, Judy wants to file a case for annulment of marriage against Baldo on
ground of lack of consent. Will her action prosper?

43. 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.

a) 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.
b) What must Maria do to enable her to get married lawfully to another man under
Philippine laws?

44. Is there any law which allows the delivery to compulsory heirs of their presumptive
legitimes during the lifetime of their parents? If so, in what instances?

45. X insured himself for P5 million, designating Y, his wife, as his sole
beneficiary. The designation was irrevocable. A few years later, X had their marriage
annulled in court on the ground that Y had an existing prior marriage. X subsequently
died, Is Y entitled to the insurance benefits?