Question 1, 2017 Civil Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

I.

(Question I, Civil Law, 2017 Bar Exam)

State whether the following marital unions are valid, void, or voidable, and give the corresponding justifications for your answer:

(a) Ador and Becky’s marriage wherein Ador was afflicted with AIDS prior to the marriage. (2%)

(b) Carlos’ marriage to Dina which took place after Dina had poisoned her previous husband Edu in order to free herself from any impediment in order to live with Carlos. (2%)

(c) Eli and Fely’s marriage solemnized seven years after the disappearance of Chona, Eli’s previous spouse, after the plane she had boarded crashed in the West Philippine Sea. (2%)

(d) David who married Lina immediately the day after obtaining a judicial decree annulling his prior marriage to Elisa. (2%)

(e) Marriage of Zoren and Carmina who did not secure a marriage license prior to their wedding, but lived together as husband and wife for 10 years without any legal impediment to marry. (2%)

Suggested Answer:

(a) The marriage is voidable. Answer

Under the Family Code, a ground for voidable marriage is that either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable, existing at the time of the marriage. Rule

In the case at bar, Ador was afflicted with AIDS prior to the marriage. AIDS is a sexually-transmissible disease that is serious and is currently incurable. Apply

Thus, the marriage between Ador and Becky is voidable. Conclusion

(b) The marriage is void. Answer

Under the Family Code, a marriage is void between parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse. Rule

In the case at bar, Dina killed her previous husband, Edu, by poisoning him in order to marry Carlos. Due to this fact, the subsequent marriage is void for being contrary to public policy. Apply

Thus, the marriage between Carlo and Dina is void. Conclusion

(c) The marriage is void. Answer

Under the Family Code, for the purpose of contracting the subsequent marriage, the spouse present must institute a summary proceeding for the declaration of presumptive death of the absentee spouse. Otherwise, the subsequent marriage is void. Rule

In the case at bar, there is no indication that Eli instituted a summary proceeding for the declaration of presumptive death of the absentee spouse, Chona. Non-compliance of the requirement results in the nullity of the subsequent marriage. Apply

Thus, the marriage between Eli and Fely is void. Conclusion

(d) The marriage is void. Answer

Under the Family Code, after the annulment of a prior marriage, either of the former spouses may marry again after compliance with the requirements recording the judgment of annulment, the partition and distribution of the properties of the spouses, and the delivery of the children’s presumptive legitimes, with the appropriate civil registry and registries of property. Otherwise, the subsequent marriage shall be null and void. Rule

In the case at bar, there is no indication that the requirement for the above-mentioned recording has been complied. Non-compliance of the requirement results in the nullity of the subsequent marriage. Apply

Thus, the marriage between David and Lina is void. Conclusion

(e) The marriage is valid. Answer

Under the Family Code, a marriage license is not required for the marriage of a man and a woman who have lived together as husband and wife for at least five (5) years and without any legal impediment to marry each other. Rule

In the case at bar, Zoren and Carmina hav been living together for 10 years meeting the five (5) year requirement. Further, they have no legal impediments to marry each other. Accordingly, the requirement of marriage license does not apply to them. Apply

Thus, the marriage between Zoren and Carmina is valid. Conclusion

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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