Question 1, 2018 Civil Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

I

(Question I, Civil Law, 2018 Bar Exam)

Sidley and Sol were married with one (1) daughter, Solenn. Sedfrey and Sonia were another couple with one son, Sonny. Sol and Sedfrey both perished in the same plane accident. Sidley and Sonia met when the families of those who died sued the airlines and went through grief-counseling sessions. Years later, Sidley and Sonia got married. At that time, Solenn was four (4) years old and Sonny was five (5) years old. These two (2) were then brought up in the same household. Fifteen (15) years later, Solenn and Sonny developed romantic feelings towards each other, and eventually eloped. On their own and against their parents’ wishes, they procured a marriage license and got married in church.

(a) Is the marriage of Solenn and Sonny valid, voidable, or void? (2.5%)

(b) If the marriage is defective, can the marriage be ratified by free cohabitation of the parties? (2.5%)

Suggested Answer:

(a) The marriage is voidable. Answer

Under the Family Code, persons who are between 18 and 21 years old are required to obtain parental consent to get married. Otherwise, the marriage is voidable. Rule

In the case at bar, Solenn at 19 years old and Sonny at 20 years old obtained a marriage license without parental consent. While they may have been subsequently married, their marriage is voidable for lack of parental consent. Apply

Thus, the marriage between Solenn and Sonny are voidable. Conclusion

(b) Yes.Under the Family Code, if after attaining the age of twenty-one (21), parties freely cohabited with the other and both lived together as husband and wife, the defect in the marriage is cured or ratified.

(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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